Unless otherwise expressly stated, the following words
and phrases shall be construed throughout this chapter to have the
meanings indicated in this article:
ADULT BOOKSTORE
An establishment having a substantial or significant portion
of its stock and trade in, or an establishment which, as one of its
principal business purposes, offers for sale, books, films, video
cassettes or magazines and other periodicals which are distinguished
or characterized by their emphasis on matter depicting, describing
or relating to specified sexual activities or specified anatomical
areas and, in conjunction therewith, has facilities for the presentation
of adult entertainment for observation by patrons.
[Added 5-10-1999 by Ord. No. 99-107Z]
ADULT ENTERTAINMENT [Added 5-10-1999 by Ord. No. 99-107Z]
(1)
An exhibition of any adult-oriented motion pictures,
meaning those distinguished or characterized by an emphasis on matter
depicting, describing or relating to specified sexual activities or
specified anatomical areas.
(2)
A live performance, display or dance of any
type which has as a significant or substantial portion of the performance
any actual or simulated performance of specified sexual activities
or exhibition and viewing of specified anatomical areas, removal of
articles of clothing or appearing unclothed, pantomiming, modeling
or any other personal services offered to customers.
ADULT MINI MOTION-PICTURE THEATER
An enclosed building with a capacity of less than 50 persons
which has a principal business purpose of exhibiting, presenting or
selling material distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons.
[Added 5-10-1999 by Ord. No. 99-107Z]
ADULT MOTION-PICTURE THEATER
An enclosed building with a capacity of 50 or more persons
which has a principal business purpose of exhibiting, presenting or
selling material distinguished or characterized by an emphasis on
matter depicting, describing or relating to specified sexual activities
or specified anatomical areas for observation by patrons.
[Added 5-10-1999 by Ord. No. 99-107Z]
ADULT USES
Adults uses shall include, and shall be limited to, the following
defined terms: “adult bookstore,” “adult entertainment,”
“adult mini motion-picture theater” and “adult motion-picture
theater” as defined herein.
[Added 1-28-2002 by Ord. No. 01-140Z]
AGRICULTURE I
Uses limited to the growing of nursery stock, the cultivating
and tilling of the soil, and the raising and harvesting of products
of the soil.
[Amended 12-17-2007 by Ord. No. 07-226Z]
AGRICULTURE II
Agriculture I uses and normal agricultural operations which
shall include the activities, practices, equipment and procedures
that farmers adopt, use or engage in the production and preparation
for market of poultry, livestock and their products and in the production,
harvesting and preparation for market or use of agricultural, agronomic,
horticultural, silvicultural and aquacultural crops and commodities
and is:
[Added 12-17-2007 by Ord. No. 07-226Z]
(1)
Not less than 10 contiguous acres in area; or
(2)
Less than 10 contiguous acres in area but has
an anticipated yearly gross income of at least $10,000.
AMBULATORY HEALTH CARE CENTER
A facility for examining and treating patients on an outpatient
basis. Overnight (hospital) accommodations and twenty-four-hour emergency
services shall not be permitted as part of this use. These facilities
may include, but are not limited to, outpatient surgery, imaging,
medical laboratory, physical therapy, cancer and chemotherapy, narcotic
and substance abuse, cardiology, gastrointestinal, primary care, urgent
care, dermatology, neurology, women's health, orthopedics and similar
type treatment centers.
[Added 9-12-2022 by Ord. No. 22-331Z]
ANIMAL HOSPITAL (VETERINARY HOSPITAL)
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. Facilities that breed and/or board
animals (i.e., kennels) are not permitted.
[Added 1-28-2002 by Ord. No. 01-140Z]
AUTOMOBILE COURT
A building or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate entrances
provided directly or closely in connection with automobile parking
or storage space servicing such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
the providing of sleeping accommodations for automobile travelers
and other transients and is suitable for occupancy at all seasons
of the year; a motel.
BUFFER AREA
A strip of land around the periphery of a site area measured
inwardly from the property line of abutting properties or the street
line or lines and used for the purpose of insulating the site area
and adjacent land area one from the other. The buffer area is to be
planted and maintained in shrubs, bushes, trees, grass or other natural
ground cover material and contains no parking areas, buildings or
structures except a wall or fence which meets Township requirements.
BUILDING
Any structure which has enclosing walls, floor and roof, is permanently affixed to the land, including mobile homes which are properly secured to the ground, and has one or more floors or stories. A "building" shall not include such structures as billboards, signs, fences or structures with interior surfaces not normally accessible to human use, such as gas tanks or similar structure. Notwithstanding the above, for the purposes of Article
IV, FP Floodplain Conservation District, of this chapter, a "building" shall be defined to include a gas or liquid storage tank. Buildings are further classified by type of use for which they are constructed, such as an agricultural, commercial, industrial, public, institutional or residential building, or as a combined use building when a mix of the foregoing uses is contained in the same building or as an accessory building.
[Amended 4-23-1984 by Ord. No. 17-021]
BUILDING, ACCESSORY
A building subordinated to the principal building on a lot
and used for purposes customarily incidental to those of the principal
building.
BUILDING COVERAGE
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot, including sun parlors, foyers, porches,
breezeways, except that windows, awnings and balconies projecting
not more than two feet and steps shall not be included, and the relation
of said area on a lot to the total area of the lot on which all buildings
are located. For purposes of this chapter, parking structures and
garages, and outside areas used for display and retailing purposes,
shall be included in the calculation and limitations which govern
building coverage and building location.
[Amended 1-28-2002 by Ord. No. 01-140Z; 7-23-2007 by Ord. No. 07-219Z]
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
BUILDING SETBACK LINE
A line within a lot, so designated on a subdivision or land
development plan, between which line and the ultimate right-of-way
line of the street on which the lot abuts a building may not be erected.
[Amended 9-13-1982 by Ord. No. 17-018]
BUSINESS SERVICES
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, such as advertising
and mailing; building maintenance; employment services; management
and consulting services; protective services; equipment rental and
leasing; commercial research; development and testing; photo finishing;
and personal supply services.
[Added 1-28-2002 by Ord. No. 01-140Z]
CONDITIONAL USE
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 in accordance with Article
XXI, §
230-156.2, herein, 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.
[Added 4-19-1993 by Ord. No. 93-11Z]
CONGREGATE CARE/INDEPENDENT SENIOR LIVING
A long-term housing community (which may include both attached
and detached cottages) constructed on a lot of at least four acres,
exclusively for persons 62 years of age or older, or persons under
62 years of age (but at least 55 years of age or older) who have needs
for congregate care and assistance with living similar to a person
62 years of age or older, which facility may include, without limitation,
private suites (each to be occupied by not more than two persons),
cottages, common dining facilities, recreational features, special
safety and convenience features designed for the needs of the elderly,
and services for residents which may include the following: transportation,
housekeeping, linen/laundry, and organized social and recreational
activities. Such communities may have up to two manager dwelling units
which may contain full kitchen facilities.
[Added 3-28-2016 by Ord.
No. 15-293Z]
CONSTRUCTION
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of mobile homes.
[Added 4-23-1984 by Ord. No. 17-021]
CONVENIENCE COMMERCIAL CENTER
A minor commercial facility generally containing no more
than five units and occupying no more than three acres, designed to
serve everyday needs of residents in its immediate vicinity and whose
commercial goods and hours of operation encourage short stops for
specific items rather than extensive shopping trips. Its primary component
is a drugstore or a small food and household goods store, but not
a supermarket, and the center may contain a few other establishments
as well, such as a beauty shop, laundry and dry cleaning establishment
or similar facilities.
DAY-CARE FACILITY
Any dwelling or building which provides child-care services.
Day-care facilities shall be further differentiated by the following
three classifications:
[Added 7-1-1991 by Ord. No. 17-063]
(1)
FAMILY DAY-CARE HOMEAny residence other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children who are not relatives of the resident caregiver.
(2)
GROUP DAY-CARE HOMEA facility in which care is provided by a resident caregiver for more than six but fewer than 12 children at any one time, where the child-care areas are being used as a family residence.
(3)
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.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of mobile homes, streets and other paving, utilities, mining, dredging,
filling, grading, excavation or drilling operations.
[Added 4-23-1984 by Ord. No. 17-021]
DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana. The term does not include a health care
medical marijuana organization under Chapter 19 of the Medical Marijuana
Act.
[Added 9-12-2022 by Ord. No. 22-329Z]
DISPENSARY FACILITY
A building or structure and other appurtenances or improvements
where a dispensary dispenses medical marijuana.
[Added 9-12-2022 by Ord. No. 22-329Z]
DWELLING
A building or part of a building constructed for or intended
for occupancy as a permanent residence, containing one or more dwelling
units. Housing facilities for rental to transient guests or which
are part of a medical, instructional or religious institution, such
as hotels and motels, rooming houses, tourist homes, institutional
homes, hospitals, residential clubs, automobile courts or tourist
homes and training centers, are excluded from the definition of "dwelling."
For purposes of this chapter, dwelling types include the following,
not considering ownership or leasing arrangements:
(1)
SINGLE-FAMILY DWELLINGA freestanding residential building of one or more dwelling units, which may or may not have common walls or floors; constructed on one lot or adjacent lots; each dwelling unit having direct entrance from the outside and having yard or private open space assigned for the exclusive use of the occupants of the dwelling unit located immediately adjacent to the unit. Single-family dwellings, for purposes of this chapter, are further defined as follows:
(a)
SINGLE-FAMILY DETACHEDA building of one dwelling unit constructed on one lot and having yard area on all sides of the dwelling unit.
(b)
[1]
TOWNHOUSEThree or more dwelling units on one lot or adjacent lots, attached side by side or side to back so that each unit has one or two common walls and at least two exterior walls, with yard area or private open space on at least two sides of each dwelling unit and on three sides of the end units of each building.
[2]
DUPLEXTwo dwelling units on one lot, attached ceiling to floor, with yard area on all sides of the dwelling.
[3]
TWINTwo dwelling units, each dwelling unit on separate adjacent lots, the dwelling units being attached side by side, having one unpierced wall in common and with yard area on at least three sides of the dwelling unit.
(c)
PATIO HOMEA single-family detached dwelling unit on a separate lot, which may have no side yard setback on one boundary or, alternatively, no side yard setback on portions of two boundaries and shall have outdoor living space (patios and courts) integrated into the building design.
[Added 4-18-1988 by Ord. No. 17-041]
(2)
MULTIFAMILY DWELLINGA freestanding residential building of three or more dwelling units, with common walls and floors; constructed on one lot or adjacent lots; it may or may not have direct entrance from the outside to each dwelling unit; and yard area or open space may be assigned to each dwelling unit for exclusive use or common use. Multiple-family dwellings are further distinguished as:
(a)
GARDEN APARTMENTA multifamily dwelling no more than two stories in height from ground level.
DWELLING UNIT
That part of a dwelling designed for use by one family only
and containing one or more rooms and facilities for living, including
cooking, sleeping, storage of possessions and sanitary needs. Units
designed for transient occupancy, such as hotels, motels or tourist
homes, or for sleeping and sanitary needs only, such as a club, rooming
house, fraternity or institutional home, are not considered as dwelling
units for the purpose of this chapter.
DWELLING UNITS PER GROSS ACRE (also "density of development")
The total number of dwelling units which may be constructed
per acre of land measured prior to designation of areas for streets,
open space or other lands not to be included in building lots, provided
that in the case of a lot or tract abutting one or more existing streets,
no area of said lot or tract lying within any street line shall be
deemed a part of the gross area of the same.
EFFECTIVE DATE OF THIS CHAPTER
The effective date of this chapter is five days after its
adoption, except that with respect to the subject matter of any amendment,
the effective date of this chapter shall mean the date upon which
the particular amendment became or becomes effective (passed November
2, 1959; law November 7, 1959).
ELECTRIC SUBSTATION
Buildings or structures and equipment erected and used for
the purpose of transmission, switching or transforming of electrical
current between customers and the utility company facilities, not
including the storage of materials, trucks, repair facilities or housing
of repair crews, such buildings or structures being appropriately
planted or screened to blend the installation with the surrounding
landscape.
ELECTRONIC SMOKING DEVICE/VAPE STORE
Any retail store that offers for sale or display a product
containing or delivering nicotine or any other substance intended
for human consumption that can be used by a person in any manner for
the purpose of inhaling smoke, vapor, or aerosol from the product.
The term includes, but is not limited to, any such device, whether
manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar,
e-pipe, e-hookah, or vape pen, or any other product name or descriptor.
[Added 9-12-2022 by Ord. No. 22-329Z]
FAMILY
Any group of individuals living together permanently or long-term,
as opposed to transiently or short-term, as the functional equivalent
of a family where the residents may share living expenses, chores,
eat meals together and are a close group with social, economic and
psychological commitments to each other. A family includes, for example,
the residents of residential care facilities and group homes for people
with disabilities. A family does not include larger institutional
group living situations such as student-housing, dormitories, fraternities,
sororities, monasteries or nunneries.
[Amended 4-19-1993 by Ord. No. 93-10Z; 9-9-2013 by Ord. No. 13-275Z]
FARM BUILDING
Any structure, other than a dwelling, used for the housing of poultry or livestock or for the storage of equipment, implements or products directly related to agriculture, not to include chicken coops as defined in §
230-149D.
[Amended 6-13-2022 by Ord. No. 22-328Z]
FENCE
A structure that is an artificially constructed barrier of
any material or combination of materials erected to enclose, screen,
or decorate areas of land. Fences shall not have any building walls,
floors or roofs.
[Added 9-21-1992 by Ord. No. 92-3Z]
(1)
BOUNDARY FENCEA fence lying parallel to a property line for the purpose of enclosing a parcel of ownership.
(2)
DECORATIVE FENCEA fence located in any yard of a parcel which is designed to be aesthetically attractive.
(3)
PRIVACY FENCEA fence located within the building envelope of a residentially zoned parcel which is intended to block from view portions of a lot for outdoor living areas.
(4)
PROTECTIVE FENCEA fence for the enclosure of nonresidential premises and uses, for preventing entry to commercial swimming pools, for providing a safety barrier from dangerous commercial or manufacturing activities or for enclosing an attractive nuisance.
(6)
TEMPORARY FENCEA fence for the enclosure of construction activities or abandoned or condemned properties.
(7)
WALLA fence that is constructed of masonry or stone.
FLOOD
A temporary condition of partial or complete inundation of
normally dry land areas.
[Added 4-23-1984 by Ord. No. 17-021]
FLOOD, BASE
The flood which has been selected to serve as the basis upon
which the floodplain management provisions of this chapter and other
ordinances have been prepared; for purposes of this chapter, the one-hundred-year
flood, as referenced in the current Flood Insurance Study, Township
of Montgomery, prepared by the Federal Insurance Administration, Federal
Emergency Management Agency.
[Added 4-23-1984 by Ord. No. 17-021]
FLOOD BASE ELEVATION
The one-hundred-year-flood elevation, as referenced in the
Flood Insurance Study, Montgomery Township, prepared by the Federal
Insurance Administration, Federal Emergency Management Agency. Within
the approximated floodplain, alluvial soils, floodplain or areas to
be determined as floodplain as documented by the Township Engineer,
the one-hundred-year-flood elevation shall be established as a point
on the boundary of the approximated floodplain nearest to the construction
site in question.
[Added 4-23-1984 by Ord. No. 17-021]
FLOOD, ONE-HUNDRED-YEAR
A flood that has one chance in 100 or a one-percent chance
of being equaled or exceeded in any given year. For the purposes of
this chapter, the one-hundred-year flood (base flood) as defined by
the Federal Insurance Administration, Federal Emergency Management
Agency, in the Flood Insurance Study, Montgomery Township.
[Added 4-23-1984 by Ord. No. 17-021]
FLOODPLAIN
That area defined in this chapter as the Floodplain Conservation District; the "floodplain" definition (see §
230-12) contained therein shall be considered the definition for "floodplain" for all purposes and uses of this chapter.
[Added 4-23-1984 by Ord. No. 17-021]
FLOODPROOFING
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents. Such measures are set forth
in floodproofing regulations published by the Office of the Chief
Engineer, United States Army, Publication No. EP 1165 2 314 (June
1972 and as subsequently amended). Floodproofing measures for all
new construction and substantial improvements of structures shall
satisfy the requirements of the Completely Dry Spaces (W1) and Essentially
Dry Spaces (W2) classes referenced in these regulations. In said publication,
where reference is made to below or above the BFD (base flood datum),
it shall be interpreted as meaning below or above the base flood elevation.
Said regulations are contained in the Building Code of Montgomery
Township, as amended.
[Added 4-23-1984 by Ord. No. 17-021]
FLOOR AREA
The sum of the areas of all the floors of the building or
structure, including areas used for human occupancy or required for
the conduct at the business or use, and basements, attics, unenclosed
porches, and penthouses, as measured from the exterior faces of the
walls. It does not include attics not over six feet in height in nonresidential
uses, attics not used for human occupancy, nor any floor space in
an accessory or main building intended or designed for the parking
of motor vehicles in order to meet the parking requirements of this
chapter, nor any such floor space intended and designed for accessory
heating, ventilating and air-conditioning equipment, or parking structures.
[Added 1-28-2002 by Ord. No. 01-140Z]
GARAGE, PRIVATE
An accessory building or part of a principal building used
for the storage of motor vehicles owned and used by the owner or tenant
of the premises and for the storage of not more than two motor vehicles
owned and used by persons other than the owner or tenant of the premises.
GARAGE, PUBLIC
A building, other than a private or storage garage, one or
more stories in height, used solely for the commercial storage, service
or repair of motor vehicles.
GARAGE, STORAGE
A building, not a private or public garage, used solely for
the storage of motor vehicles (other than trucks) but not for the
service or repair thereof nor for the sale of fuel, accessories or
supplies.
GARDEN APARTMENTS
A group of garden apartment buildings up to two stories in
height designed for rental or condominium ownership of the individual
housekeeping units and having common open spaces.
GASOLINE FILLING STATION
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline or other motor
vehicle fuel or accessories and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
which shall not include painting or body and fender repairs nor the
sale of vehicles.
GOLF COURSE
A golf course shall consist of 18 holes, par 70 or greater,
and a minimum length of not less than 6,000 yards measured from the
deepest tee position to the center of green. Landing areas and isolation
distances shall comply with the design standards published by the
U.S. Golf Association.
[Added 1-24-2005 by Ord. No. 04-191Z]
GREEN AREA
The land area composed of previous surfaces set aside for
the growing of vegetation, including lawn area, trees, shrubs, grasses,
plants and flowers and also including lakes, ponds, streams and other
natural features.
[Added 6-2-1986 by Ord. No. 17-029]
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
grow and process medical marijuana. The term does not include a health
care medical marijuana organization under Chapter 19 of the Medical
Marijuana Act.
[Added 9-12-2022 by Ord. No. 22-329Z]
GROWER/PROCESSOR FACILITY
A building or structure and other appurtenances or improvements
where a grower/processor grows and processes medical marijuana.
[Added 9-12-2022 by Ord. No. 22-329Z]
HEIGHT OF BUILDING
A building's vertical measurement from the mean level of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof, provided that chimneys, spires,
towers, elevator penthouses tanks and similar projections shall not
be included in calculating the height.
HOME OCCUPATION
Any lawful occupation or business activity which is conducted
in whole or in part by a resident from his/her primary residence.
[Amended 4-12-1993 by Ord. No. 93-8Z]
HOSPITAL/MEDICAL CENTER
An institution specializing in providing patient health-care
services. Such institutions may include but are not limited to allied
and adjunct medical facilities such as medical schools, nursing schools,
student residences, laboratories, research facilities and medical
offices which may be in the same or separate buildings.
[Added 2-11-2002 by Ord. No. 01-152Z]
HOTEL
A facility offering transient lodging accommodations to the
general public and providing additional services such as restaurants,
meeting rooms, and recreation facilities. This use shall include extended
stay or suites only operation provided that the maximum stay for guests
shall not exceed four consecutive weeks during a period of six months.
[Amended 1-28-2002 by Ord. No. 01-140Z]
HOUSE, ROOMING
A dwelling in which sleeping accommodations are provided
for rent to less than 10 persons, whether or not the serving of meals
is included.
IMPERVIOUS MATERIALS
Any materials that do not permit the natural absorption and
permeation by soils of rain or other surface water, to include but
not be limited to all concrete, asphalt, and similar paving products,
earthen materials (brick, stone), chemical treatment of soils or artificial
ground covers as may be used in the construction of roads, walks,
driveways, parking areas, patios and recreation facilities.
[Amended 6-2-1986 by Ord. No. 17-029; 7-23-2007 by Ord. No. 07-219Z]
IMPERVIOUS SURFACE RATIO
Shall be calculated by dividing the total area of building
coverage and impervious materials by the lot area, which includes
the area within the lot lines, excluding the street rights-of-way.
For the purposes of this chapter, the area of water within a swimming
pool shall not be classified as impervious. The term "impervious lot
coverage" and "impervious material coverage" shall mean the same as
impervious surface ratio.
[Added 7-23-2007 by Ord. No. 07-219Z]
KENNEL
Any structure used as an establishment to confine two or
more domesticated animals, i.e., dogs, cats, etc., commonly kept for
the use or pleasure of man. It is intended that such use shall not
be for any wild creature whether or not native to the locale of this
Township. The use contemplated is for the purpose of breeding, boarding,
sale or show. The structures shall be such that the creatures cannot
voluntarily stray therefrom and shall be constructed of materials
that shall produce sound attenuation at the property line.
[Added 1-28-2002 by Ord. No. 01-140Z]
LABORATORY
A building or group of buildings in which are located the
facilities for scientific research, investigation, testing and experimentation,
but whose primary activity is not the manufacture of products for
sale.
LAND DEVELOPMENT
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(a)
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
(b)
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.
(3)
Development in accordance with 53 P.S. § 10503(1.1).
LIFESTYLE APARTMENTS
A multifamily dwelling offering communal amenities to its
residents, such as, but not limited to, an outdoor pool, a fitness
center, a business center, a recreation area, a dog washing station
and/or a dog run area.
[Added 7-26-2021 by Ord. No. 21-321Z]
LOADING SPACE
A space, accessible from a street or way, in a building or
on a lot for the temporary use of vehicles while loading or unloading
merchandise or materials.
LOT
(1)
A parcel of land which is occupied or is to
be occupied by one principal building or other structure or use or,
where authorized in this chapter, a group of buildings, together with
any necessary buildings or other structures or uses customarily incidental
to such principal building or other structure or use, and such open
spaces are arranged or designed to be used in connection with such
principal building or other structure or use, such open spaces and
the area and dimensions of such lot being not less than the minimum
required by this chapter.
(2)
In R-3 and R-6 Districts, the term "lot," as
used in this Zoning Ordinance, describes a land area for purposes
of describing zoning requirements and as such is not limited to being
a tax lot or deeded lot. The terms "lot" or "building lot" mean the
same when used in describing regulations based upon buildings.
[Amended 4-18-1988 by Ord. No. 17-041]
LOT AREA
The total horizontal area of the lot lying within the lot
lines, provided that no area of land lying within any street line
shall be deemed a portion of any lot area; the area of any lot abutting
a street shall be measured to the ultimate right-of-way line.
[Amended 8-22-88 by Ord. No. 17-048]
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets or at the point of abrupt change in direction of a single
street, the interior angle of which is not greater than 135º.
LOT, FLAG (also known as REAR LOT)
A lot that does not provide at least 50% of the required
lot width as frontage along a public street or does not provide the
required lot width at a point equal to the required front yard established
for the district in which located. Such lots shall be connected to
a public street by an access strip which shall be held in fee-simple
ownership as a part of the flag (or rear) lot. The area of the access
strip, up to a point where the minimum required lot width is achieved,
shall not be included in calculating the minimum lot area required
for the zoning district in which located.
[Added 11-28-2005 by Ord. No. 05-203Z]
LOT LINE
A property boundary line of any lot, except that in the case
of any lot abutting a street, the lot line for such portion of the
lot as abuts such street shall be deemed to be the same as the ultimate
right-of-way line and shall not be the center line of the street or
any other line within the street line even though such may be the
legal description of property boundary line.
[Amended 8-22-1988 by Ord. No. 17-048]
LOT LINE, FRONT
The lot line abutting a street and coinciding with the ultimate
right-of-way line and, in the case of a corner lot, whichever street-abutting
lot line is elected by the owner or person applying for a building
permit. For purposes of determining front yard setback, see definition
of "yard, front."
[Amended 8-22-1988 by Ord. No. 17-048]
LOT LINE, REAR
A lot line opposite and most distance 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, parallel to and at the
maximum distance from the front lot line.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement.
An unfinished or flood-resistant enclosure usable solely for the parking
of vehicles, building access or storage in an area other than a basement
area is not considered a building's lowest floor, provided that such
enclosure is not built so as to render the structure in violation
of the applicable nonelevation design requirements of this chapter.
[Added 6-22-1992 by Ord. No. 92-1]
MANUFACTURED HOME
Within this chapter, the term "manufactured home" is interchangeable
with the term "mobile home" and is defined exactly the same as the
term "mobile home."
[Added 6-22-1992 by Ord. No. 92-1]
MEDICAL, DENTAL CLINIC
A building which contains professionals who dispense health
services and provide testing where patients are admitted for examination
and treatment on an outpatient basis by two or more medical disciplines
or other medical personnel.
[Added 1-28-2002 by Ord. No. 01-140Z]
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in the Medical
Marijuana Act.
[Added 9-12-2022 by Ord. No. 22-329Z]
MEDICAL MARIJUANA ACT
Act 16 of 2016, 35 P.S. § 1023.101 et seq., as
amended from time to time.
[Added 9-12-2022 by Ord. No. 22-329Z]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit or in
two units designed to be joined into one integral unit capable of
again being separated for repeated towing, which arrives at a site
complete and ready for occupancy except for minor and incidental unpacking
and assembly operations and constructed so that it may be used without
a permanent foundation. This term includes but is not limited to the
definition of a mobile home, as set forth in regulations governing
Mobile Home Safety and Construction Standards Program (23 CFR 3282.7a).
[Amended 4-23-1984 by Ord. No. 17-021]
MOBILE HOME LOT
A parcel of land in a mobile home park provided with the
necessary utility connections, patio and other appurtenances necessary
for the erection thereon of a single mobile home, which is leased
by the park owner to the occupants of the mobile home installed and/or
erected on the lot for the exclusive use of its occupants, though
it may instead be designed, developed and used for a modular or conventionally
built single-family detached home rather than a mobile home.
MOBILE HOME PARK
A parcel of land under single ownership which has been planned
and improved in compliance with the requirements of the Mobile Home
Park District for the placement of mobile homes, conventionally built
or modular single-family detached homes, or combinations thereof,
for nontransient use; consisting of two or more mobile home lots and
15 acres or greater in size.
MOBILE HOME STAND
The part of an individual lot which has been reserved and
prepared for the placement of the mobile home.
MODULAR HOME
A single-family or multifamily dwelling intended for permanent
occupancy, made by assembling one or more factory-produced three-dimensional
sections into an integral living unit, whose construction materials
and specifications conform to those of conventionally built units.
MOTOR HOME
A travel trailer which combines the living section and the
power source into a single unit.
[Amended 6-22-1992 by Ord. No. 92-1]
NO-IMPACT HOME-BASED BUSINESSES
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.
[Added 3-10-2003 by Ord. No. 03-166Z]
NONCONFORMING BUILDING, LOT OR STRUCTURE
A building, lot or structure the size, dimension or location
of which was lawful prior to the adoption or amendment of these zoning
provisions but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption or amendment.
[Added 6-22-1992 by Ord. No. 92-1]
NONCONFORMING USE
A land use which was lawful prior to the adoption or amendment
of these zoning provisions but which fails to conform to the requirements
of the zoning district in which it is located by reason of such adoption
or amendment.
[Added 6-22-1992 by Ord. No. 92-1]
OPEN SPACE
(1)
In R-3 and R-6 Districts, that portion of gross
site area not required or assigned as area for:
(b)
Building coverage, excluding structures necessary
to the open space purpose such as but not limited to recreational
buildings and shelters, swimming pools, etc.
(c)
Site service facilities and systems such as
streets, parking areas, service buildings and the like where recreation
activities are prohibited, but excluding those facilities necessary
to the open space purpose.
(d)
Outdoor living adjacent to building and dwelling
units, including but not limited to yards.
(2)
Further, "open space" is defined as the area
to be utilized for the practice of natural preservation or passive
and/or active recreation or a combination of these uses.
(3)
Additionally, "open space" may be classified
by the limitations to site resident use because the open space is
used for:
(a)
Reservation open space, where, by physical features,
plan design or regulation, the use of the space is limited for reason
of health, safety, land and water preservation, sight amenity or site
utility or accessibility.
(b)
Private open space, where, by design or regulation,
the open space is limited by assignment, membership or service fee
(golf course, boating, tennis courts, etc.).
(c)
Common open space, where open space is not limited
to site resident use except by the limitations placed on use by the
nature of the activity to be performed within the space. By way of
illustration, a tennis court is part of open space as long as it is
not private open space, even though some residents cannot or may not
want to use the facility.
OUTDOOR LIVING SPACE
The area or portion of an area adjacent to a building or
dwelling unit as set by yard, setback or other area requirements and
which is assigned for private or in common use of the dwelling residents
of the building.
PARKING SPACE
A reasonably level space available for the parking of one motor vehicle, the size of which shall be measured exclusive of passageway, driveways or other means of circulation or access (see §
230-138). For residential uses, a garage or garage area shall not be counted toward the requirements of a parking space except where provided as part of the parking plan for garden apartments and townhouses; provided, however, that in the R-3A District, each garage shall be counted as one parking space and each driveway shall be counted as one space regardless of length. (Examples of parking arrangements which are acceptable under the terms of the off-street parking and loading space requirements in residential districts are found later in this chapter.)
[Amended 1-28-2002 by Ord. No. 01-140Z]
PARKING SPACE, ALL-WEATHER
A parking space having adequate base stone and paved with
cement, asphalt or other material with like qualities.
PARKING STRUCTURES
An accessory structure of more than one level designed for
the temporary storage of vehicles and which may contain access ramps.
"Parking structure" shall include the term "parking garage."
[Added 1-28-2002 by Ord. No. 01-140Z]
PAVED AREA
All areas, excluding buildings, surfaced with concrete, paving
brick, bituminous or other materials to create a nonpervious surface,
including parking areas, drives, roadways and sidewalks.
PERSONAL SERVICES
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel.
[Added 1-28-2002 by Ord. No. 01-140Z]
PUBLIC UTILITY
A company regulated by the Pennsylvania Public Utility Commission.
Cellular communications companies and uses and other companies not
regulated by the Pennsylvania Public Utility Commission shall not
be considered a public utility.
[Added 1-11-1999 by Ord. No. 98-97Z]
RESTAURANT, OUTDOOR CUSTOMER DINING AREA
An area with seats and/or tables located outdoors of a restaurant,
coffee shop, or other food service establishment located in a strip
mall; also includes any outdoor area where beverages are consumed
with or without the provision of dining facilities.
[Added 3-10-2003 by Ord. No. 03-167Z; amended 9-13-2021 by Ord. No. 21-322Z]
RETAIL
Selling of goods or merchandise to the general public for
personal or household consumption and rendering services incidental
to the sale of such goods.
[Added 5-17-1993 by Ord. No. 93-15Z]
SINGLE AND SEPARATE OWNERSHIP
The ownership of property by any person, which ownership
is separate and distinct from that of any adjoining property.
SINGLE-FAMILY
A building designed and used exclusively as a residence for
one family.
SITE AREA
A land area having a legal description and distinguished
by the fact that it is or is intended to be comprehensively developed
as a whole area containing all, if any, buildings, building lots,
the circulation system and parking, open space and other improvements.
"Site area" is further defined as follows:
(2)
NET SITE AREAThe part of the site surface area upon which structures and supporting facilities are existing or intended to exist as a part of the development. Net site area shall be calculated by deducting from gross site area:
(a)
All area necessary to meet the buffer requirements
of this chapter;
(b)
All area necessary to meet the floodplain requirements
or otherwise unbuildable land areas as set out in this chapter or
other prevailing ordinance or law; and
(c)
All areas lying within street or other legal
right-of-way or permanent drainage easements.
SKY EXPOSURE PLANE
The theoretical plane created by the technique of stepping
higher elevations of a building back from the edge of yards required
for lower building heights. The actual degree is created by ordinance
setback requirements, such as one foot horizontal for each one foot
in height which would result in a plane of 45º. (See figure attached
to Ord. No. 01-152Z.)
[Added 2-11-2002 by Ord. No. 01-152Z]
SMOKING LOUNGE
An eating and drinking establishment where the smoking or
sales of tobacco products, electronic cigarettes, or other substances
is permitted. Examples of smoking lounges include, but are not limited
to, cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco
bars, etc.
[Added 9-12-2022 by Ord. No. 22-329Z]
SPECIAL EVENT
A temporary event held indoors or outdoors on private or public property that may significantly impact the property, normal vehicular and pedestrian traffic, and/or the safety of citizens and visitors, extends beyond the normal use(s) or standards allowed by Chapter
230, Zoning.
[Added 11-12-2007 by Ord. No. 07-220Z]
SPECIAL EXCEPTION
Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article
XXIII, §
230-185, herein, in situations where express provision therefor is made by the terms of this chapter.
[Amended 6-22-1992 by Ord. No. 92-1]
SPECIFIED SEXUAL ACTIVITIES [Added 5-10-1999 by Ord. No. 99-107Z]
The term includes any of the following:
(1)
Human genitals in a state of sexual stimulation
or arousal.
(2)
Acts of human masturbation, sexual intercourse
or sodomy.
(3)
Fondling or erotic touching of human genitals,
pubic region, buttocks or female breasts (including those of transvestites
and female impersonators).
START OF CONSTRUCTION
Includes substantial improvement and means the date the building
permit was issued, provided that the actual start of construction,
repair, reconstruction, placement or other improvement was within
180 days of the permit date. The actual "start" means the first placement
of permanent construction of a structure on a site, such as the pouring
of the slab or footings, the installation of piers, the construction
of columns or any work beyond the stage of excavation, or the placement
of a manufactured home on a foundation. Permanent construction does
not include land preparation, such as clearing, grading and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds,
not occupied as dwelling units or not part of the main structure.
Time extension shall be granted only if a written request is submitted
by the applicant which sets forth sufficient and reasonable cause
for the Building Inspector to approve such a request.
[Added 4-23-1984 by Ord. No. 17-021; amended 6-22-1992 by Ord. No. 92-1]
STORY
That portion of a building above the surface of the ground
comprised between the surface of any floor and the surface of any
floor or roof next above.
STREET
A public or privately owned right-of-way, serving as a means
of vehicular and pedestrian travel and furnishing access to abutting
properties.
STREET LINE
The common dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally open
or officially plotted or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots,
each held in single and separate ownership, have the right-of-way.
STRIP MALL
Commercial or retail uses, usually one story high and one
store deep, that front on a major street.
[Added 9-13-2021 by Ord. No. 21-322Z]
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural
members of a building or other structure, such as the bearing walls,
partitions, columns, beams or girders, or any change which could convert
an existing building or other structure into a different structure
or adapt it to a different use or which would prolong the life of
a building or other structure.
STRUCTURAL UNIT
One or more buildings enclosed by continuous exterior walls
and a continuous roof.
STRUCTURE
Any form or arrangement of materials involving the necessity
of providing proper support, bracing, tying, anchoring (whether above,
below or partially above and partially below ground) or other protection
against the forces of the elements.
SWIMMING CLUB, PRIVATE
A club, a dominant feature of which includes a structure
or group of structures for swimming and other recreational purposes
for the exclusive use of club members and their guests.
SWIMMING POOL, PRIVATE
A structure for swimming as an accessory use to a dwelling
for the exclusive use of the owner and guests.
SWIMMING POOL, PUBLIC
A structure for swimming for use by the general public as
a commercial or community enterprise.
TENURE
The form of occupancy of a unit, i.e., fee simple sale, rental,
condominium, cooperative, etc.
TOURIST HOME
A dwelling in which sleeping accommodations for less than
10 persons are provided or offered primarily for automobile travelers
or other transients for compensation.
TRACT AREA
The total acreage within the lot lines, excluding that area
continuously covered by water and rights-of-way of existing public
roads.
TRADE OR VOCATIONAL SCHOOL
A secondary or higher education facility primarily teaching
usable skills that prepare students for jobs in a trade and meeting
the state requirements as a vocational facility.
[Added 1-28-2002 by Ord. No. 01-140Z]
TRAVEL TRAILER
A recreational vehicle requiring a separate power source
for pulling it, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
ULTIMATE RIGHT-OF-WAY
The expected future right-of-way computed from the center
line of an established right-of-way, as shown on the official Ultimate
Classification of Roads Map for Montgomery Township.
[Added 9-13-1982 by Ord. No. 17-018]
USE, ACCESSORY
A use subordinate to the principal use of land or of a building
or other structure on a lot and customarily incidental thereto.
USED CAR LOT
Any land used or occupied for the purpose of buying and selling
secondhand motor vehicles and storing said motor vehicles prior to
sale.
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article
XXIII, §
230-184, herein, constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific piece of property.
[Amended 6-22-1992 by Ord. No. 92-1]
VETERINARIAN
Limited to treatment and prevention of disease and injury
to domestic animals; not an animal hospital or kennel.
[Added 1-28-2002 by Ord. No. 01-140Z]
WALKWAY, PUBLIC
Any space designed or maintained solely for pedestrian use.
WAREHOUSE CLUB or WHOLESALE CLUB
A members-only large format retail store, offering a wide
variety of goods for sale at discounted prices to its members.
[Added 9-14-2020 by Ord. No. 20-312Z]
WHOLESALE
Selling of merchandise to retailers, to industrial, commercial,
institutional or professional business users or to other wholesalers
or action as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
[Added 5-17-1993 by Ord. No. 93-15Z]
YARD
An open, unoccupied space on the same lot with a building
or other structure or use, open from the ground to the sky, except
for trees or other foliage.
YARD FRONT
A yard extending the full width of the lot, measured from
the ultimate right-of-way line and extending in depth from the ultimate
right-of-way line to the closest projecting part of the structure
with the front door oriented to the street of lower classification.
The street address will be established from the orientation of the
house. The exception to this is when a building is placed on a flag
lot whereupon the front yard and thus the front door may be oriented
at the builder's option, provided that all setbacks from adjoining
properties are in compliance.
[Amended 9-13-1982 by Ord. No. 17-018; 5-24-1999 by Ord. No. 99-108Z]
YARD, REAR
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
permissible point of any structure on the lot.
YARD, SIDE
A yard extending the full depth of the lot along a side lot
line and extending in width from such side lot line to the nearest
permissible point of any structure on the lot.