Township of Upper Merion, PA Definitions and Word Usage

The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including distributed antenna systems and small-cell networks).

The term includes any structure other than a tower that, at the time the relevant application is filed with the Township under this subpart, supports or houses equipment described in Subsections (1) and (2) of this section that has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

BEVERAGE SHOP (SNACK AND BEVERAGE BAR [NONALCOHOLIC])

The term does not include any structure that, at the time the relevant application is filed with the Township under this section, does not support or house equipment described in Subsection (1) or (2) of this section.

BED-AND-BREAKFAST

A residential use consisting of one dwelling unit with no more than eight rooms or suites that are rented to the public for overnight or weekly accommodation for a fee. Only the breakfast meal may be prepared for the guests by the proprietor and no other meals are provided by the proprietor. The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.

[Added 7-15-2021 by Ord. No. 2021-878]

A building measuring not more than 2,500 square feet of gross leasable area where beverages and light fare normally and customarily associated with coffee shops or tea rooms are served for on-site or off-site consumption and where the sales of such food shall not constitute more than 40% of all sales. Food items shall consist of prepackaged items that are prepared and packaged off site. Beverage shops may also offer for sale coffee beans, tea, containers, coffee or tea brewing equipment and other related products. A beverage shop shall not be considered a restaurant for any reason pursuant to this chapter.

[Added 9-18-2014 by Ord. No. 2014-830]

BUFFER

An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them.

[Added 6-15-1987 by Ord. No. 87-516]

BUILDING, ACCESSORY

A building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is situated.

BUILDING

A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

[Amended 12-19-1996 by Ord. No. 96-654; 12-19-1996 by Ord. No. 96-655]

BUILDING COVERAGE

The relation of the total ground floor area of all buildings on a lot to the total area of the lot on which they are located.[2]

BUILDING LINE

The line which establishes the minimum depth of front yard for the particular district as measured from the street line.

CO-LOCATION

The mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

COMMON OPEN SPACE

A parcel or parcels of land, an area of water or a combination of land and water within a developed site, not including streets, off-street parking areas or areas set aside for public facilities, designed and intended for the use and enjoyment of such development's residents or other Township residents. The "common open space" shall be substantially free of structures but may contain such improvements appropriate for residents' recreation as are in the applicable subdivision or land development plan as finally approved.

[Added 6-15-1987 by Ord. No. 87-516]

COMMUNITY CENTER

A public or quasi-public institution devoted exclusively to one or more of a variety of group activities — civic, social, recreational, educational or cultural — and maintaining the premises and facilities appropriate to such activities; provided, however, that said premises shall not include living quarters for persons other than those engaged in the conduct or maintenance of the institution.

COMPLETELY DRY SPACE

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

CONDOMINIUM

The system of separate ownership of individual units in a multi-unit building or buildings pursuant to the provisions of the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., or to the provisions of the Pennsylvania Unit Property Act, Act of July 3, 1963, P.L. 196, 68 P.S. § 700.101 et seq. (repealed).

[Added 11-13-1972 by Ord. No. 72-300; amended 6-15-1987 by Ord. No. 87-516]

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.

[Added 11-14-1977 by Ord. No. 77-379]

CONTINUING CARE RETIREMENT COMMUNITY

A type of retirement community where a number of aging care needs, from assisted living, independent living and nursing home care, may all be met in a single residence, whether in an apartment in a congregate housing facility, a room or apartment in an assisted living facility, and in a skilled nursing home.

[Added 3-26-2015 by Ord. No. 2015-837]

DENSITY

The number of dwelling units per developable acre.

[Added 6-15-1987 by Ord. No. 87-516]

DEVELOPABLE ACRE

All that land within the lot lines of a tract excluding the following:

[Added 6-15-1987 by Ord. No. 87-516; amended 9-28-1995 by Ord. No. 95-635; amended 12-14-2006 by Ord. No. 2006-759]

That portion located within the ultimate right-of-way of an existing street.

That portion of the tract with naturally occurring slopes of 25% or greater.

That portion of the tract containing floodplain and/or wetlands.

DISTRIBUTED ANTENNA SYSTEM (DAS)

One-half of that portion of the tract with naturally occurring slopes in excess of 15% but less than 25%.

DEVELOPMENT

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

[Added 11-14-1977 by Ord. No. 77-379; amended 12-19-1996 by Ord. No. 96-654; 12-19-1996 by Ord. No. 96-655]

A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure.

[Added 3-26-2015 by Ord. No. 2015-837]

DRIVE-THROUGH ESTABLISHMENT

A business establishment so developed that its retail or service character is dependent on providing a driveway approach for vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.

[Added 9-18-2014 by Ord. No. 2014-830]

DWELLING, MULTIFAMILY

A building, not a row house dwelling, designed for and occupied exclusively as a residence for three or more families living independently of one another, with or without the provision of meal service for its tenants and guests and with or without a central dining room therefor, but without meal service for the general public and without habitable rooms in the basement other than janitor's living quarters; an apartment house.

DWELLING, MULTIPLEX

A group of attached single-family dwelling units, each with independent outside access. Units must be arranged in a variety of configurations: side by side, back to back or vertically.

[Added 4-11-1977 by Ord. No. 77-372]

DWELLING, ROW HOUSE

One of a structurally connected series of three or more buildings arranged in a row, each designed for and occupied exclusively as a residence for only one family and each having a party wall in common with one or more of the other buildings in the series adjacent to it, any or all of which buildings may be under different ownership.

DWELLING, SINGLE-FAMILY DETACHED

A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building. Where a private garage is structurally attached to such building, it shall be considered as a part thereof. In the event that an existing "single-family detached dwelling" is expanded to include additional rooms, including an additional kitchen, whether located in such addition or not, such dwelling shall be considered to be a two-family dwelling as defined herein.

[Amended 2-13-1967 by Ord. No. 67-198]

DWELLING, SINGLE-FAMILY SEMIDETACHED

A building designed for and occupied exclusively as a residence for only one family and having a party wall in common with an adjacent building; a single-family twin dwelling. Where a private garage is structurally attached to such building, it shall be considered as a part thereof.

DWELLING, TWO-FAMILY DETACHED

A building designed for and occupied exclusively as a residence for two families living independently of each other, with one family living wholly or partly over the other and having no party wall in common with an adjacent building; a detached duplex dwelling. Where a private garage is structurally attached to such building, it shall be considered as a part of thereof.

DWELLING, TWO-FAMILY SEMIDETACHED

A building designed for and occupied exclusively as a residence for two families living independently of each other, with one family living wholly or partly over the other and having a party wall in common with an adjacent building; a semidetached duplex dwelling. Where a private garage is structurally attached to such building, it shall be considered as a part thereof.

DWELLING

A building designed for and occupied exclusively for residence purposes, excluding hotel, rooming house, tourist home, institutional home, residential club, automobile court and the like.

DWELLING GROUP, MULTIFAMILY

Two or more multifamily dwellings on a single lot.

[Added 12-18-1961 by Ord. No. 110]

EFFECTIVE DATE OF THIS CHAPTER

April 25, 1942, 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.

ELIGIBLE FACILITIES REQUEST

Any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving:

[Added 11-12-2015 by Ord. No. 2015-840]

Collocation of new transmission equipment;

Removal of transmission equipment; or

Replacement of transmission equipment.

EMERGENCY

A condition that:

[Added 11-12-2015 by Ord. No. 2015-840]

Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or

Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies or accessory equipment are located.

[Added 11-12-2015 by Ord. No. 2015-840]

ESSENTIALLY DRY SPACE

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

EXTENDED STAY HOTEL

A hotel or motel in which the guest room(s) or suite(s) contain kitchen facilities for the storage and cooking of food, including but not limited to such facilities as refrigerators, stoves and ovens.

[Added 9-18-2014 by Ord. No. 2014-828]

FAMILY

One or more persons occupying the same dwelling unit and living and cooking as a single housekeeping unit; said unit consisting only of individuals who are related by blood, marriage or otherwise by law, except that such unit may also consist of foster children and one other individual not related to others in the housekeeping unit.

[Amended 6-15-1987 by Ord. No. 87-516; 7-9-1998 by Ord. No. 98-671]

Except as provided in Subsection (3) below, a "family" as herein defined, specifically excludes individuals and groups occupying a boarding- or rooming house, lodging house, club, group home, fraternity, hotel or similar living environment.

The term "family" also specifically excludes group homes for persons with current, illegal use of or addiction to a controlled substance (as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. § 802), alcoholism or drug addiction, work-release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration and any persons whose residency in the home would constitute a direct threat to the health or safety of other individuals, except to the extent that such groups constitute "handicapped" persons, within the meaning of the Fair Housing Act.

A family includes a group of three to six unrelated persons, each of whom is handicapped within the meaning of the Fair Housing Act, 42 U.S.C. § 3601, et seq., living together, long-term, as a single, nontransient housekeeping unit, with such nonresident staff as may be needed to assist the residents with their daily life activities; provided, however, that the Upper Merion Township Zoning Hearing Board, as a special exception, may allow an increase in the occupancy of a group home for the handicapped within the meaning of the Fair Housing Act if the dwelling otherwise complies with the minimum area requirements of the Upper Merion Township Property Maintenance Code, but in no event, more than 12 unrelated persons. To be considered a single, nontransient housekeeping unit, all residents must have common use of and access to all living areas, eating areas, bathrooms and food preparation and serving areas.

FLOOR AREA, GROSS LEASABLE

In order to integrate group homes into a neighborhood and create a deinstitutionalized setting for the residents of group homes, no group home may locate within 1,000 feet of another group home

FLOOD

A temporary inundation of normally dry land areas.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

FLOODPLAIN AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

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.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

FLOOR AREA, GROSS

The floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, columns, thickness of walls or other considerations.

[Added 6-15-1987 by Ord. No. 87-516]

The total floor area designed for tenant occupancy, including basements, mezzanines and upper floors, if any, expressed in square feet measured from center lines of joint partitions and exteriors of outside walls. The "gross leasable area" shall not include the area of loading docks or mechanical and electrical equipment penthouses and rooms.

[Added 6-15-1987 by Ord. No. 87-516]

FLOOR AREA, NET

The actual occupied area, not including accessory unoccupied areas or thickness of walls.

[Added 6-15-1987 by Ord. No. 87-516]

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development. For the purposes of this definition, no processing, milling, planing, or the preparation of logs or trees into lumber, or the grinding, chipping, or cutting of trees or timber, shall be permitted except as may be required for the shipping or transportation of timber off the premises.

[Added 9-18-2008 by Ord. No. 2008-771]

FT. WORTH ATTACHMENT

A non-freestanding pole which is attached to an electrical transmission tower which is used to support antennas and accessory equipment and which is anchored to the ground and obtains lateral bracing by direct attachment to the electrical transmission tower.

[Added 11-12-2015 by Ord. No. 2015-840]

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. Not more than one commercial vehicle or truck may be stored in a "private garage."

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, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.

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.

HEIGHT OF BUILDING

A building's vertical measurement from the mean level of the ground surrounding the building to the highest roof level, provided that chimneys, cooling towers, elevator housings, tanks and similar projections which are a functional part of the building shall not be included in calculating the height.

[Amended 6-14-1971 by Ord. No. 71-274]

HEIGHT, WIRELESS COMMUNICATIONS FACILITY (WCF)

The vertical measurement from the mean level of the ground surrounding the WCF if ground-mounted, or the higher of a roof or parapet if building-mounted, to the highest part of the WCF, monopole, tower or other wireless support structure.

[Added 11-12-2015 by Ord. No. 2015-840]

HELISTOP

A paved area located to accommodate touchdown and liftoff of helicopters and other rotor-winged aircraft for the purpose of picking up and discharging passengers or cargo, with no service facilities being provided for such vehicles.

[Added 6-15-1987 by Ord. No. 87-516]

HISTORIC STRUCTURE

Any structure that is:

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on an inventory of historic places in the states with historic preservation programs which have been approved by the Secretary of the Interior; or

IDENTIFIED FLOODPLAIN AREA

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(a)

By an approved state program as determined by the Secretary of the Interior; or

(b)

Directly by the Secretary of the Interior in states without approved programs.

HOME IMPROVEMENT CENTER

A facility of more than 75,000 square feet gross floor area, engaged in the retail sale of household goods, tools, building materials, durable household goods (e.g., major appliances, lawn care), electronic equipment, cleaning and maintenance supplies, and garden and nursery supplies. All outdoor storage of materials, with the exception of nursery stock, shall be screened.

[Added 9-18-2014 by Ord. No. 2014-828]

HOME OCCUPATION

Any lawful occupation customarily conducted in a dwelling as an incidental use. The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom, tourist home, animal hospital or any similar use shall not be deemed to be a "home occupation."

HOOKAH BAR

Any establishment that is devoted to, marketed as, or designed for, whether as its primary use or as an accessory use, the on-premises use of smoking through a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah," and also known as "narghile," "argileh," "shisha," "hubble-bubble" and "goza," or any similar device used for on-premises smoking. The term "hookah bar" includes, but is not limited to, establishments variously known as "hookah parlors," "hookah cafes," and "hookah lounges." On-premises cigar smoking is not included in this term.

[Added 4-14-2022 by Ord. No. 2022-879]

HOSPITAL

An institution having an organized medical staff, and licensed by the State Department of Health, providing primarily health services and medical or surgical care to persons primarily inpatients, but also including outpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution related facilities such as laboratories, outpatient facilities, training facilities, medical offices, and rehabilitation facilities.

[Added 11-15-2012 by Ord. No. 2012-809]

HOTEL or MOTEL

One or more buildings used for the purpose of providing lodging to the public with or without food service and having lodging accommodations for 10 or more guests.

[Amended 2-8-1958 by Ord. No. 50; 7-9-1973 by Ord. No. 73-315]

HOUSE, ROOMING

A dwelling in which sleeping accommodations are provided for rent to fewer than 10 persons, whether or not the serving of meals is included.

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

INDEPENDENT ADULT COMMUNITY

A residential development of dwelling units and permitted accessory uses with the dwellings limited to occupancy by households that each include at least one person age 55 or older consistent with the Federal Fair Housing Act. Residents of an independent adult community shall be limited by deed, and by lease where applicable, to households including at least one permanent resident age 55 or older, and shall prohibit occupancy by any person age 18 years or younger for more than 90 days in any calendar year.

[Added 11-3-2005 by Ord. No. 2005-750]

INDOOR ATHLETIC FACILITY, PRIVATE

A building for indoor athletic participation on a membership basis without spectator accommodations.

[Added 2-13-1978 by Ord. No. 78-381]

KENNEL

An establishment for the boarding or training of domestic animals.

[Added 9-18-2014 by Ord. No. 2014-828]

LABORATORY

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

LAND DEVELOPMENT

Any of the following activities:

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

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.

LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN)

A subdivision of land.

A set of rating systems for the design, construction, operation and maintenance of green buildings, homes and neighborhoods.

[Added 9-18-2014 by Ord. No. 2014-828]

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, 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 135°.

LOT, INTERIOR

Any lot other than a corner lot.

LOT

A parcel of land which is occupied or is to be occupied by one principal building or other structure or use, together with any accessory buildings or other structures or uses customarily incidental to such principal building or other structure or use and such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such open spaces and the area and dimensions of such lot being not less than the minimum required by this chapter.

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 street line only.[3]

LOT, FLAG (REAR LOT)

A lot not meeting minimum lot frontage requirements and where access to a public or private street is provided by means of a long, narrow driveway between abutting lots.

[Added 1-26-2012 by Ord. No. 2012-799]

LOT LINE, FRONT

The lot line abutting a street and coinciding with the street 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.

LOT LINE, REAR

A lot line opposite and most distant from the front lot line; if the "rear lot line" is less than 10 feet in length or if the lot forms a point at the rear, the "rear lot line" shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE

Any lot line not a front or rear lot line.[4]

LOT LINE

A property boundary line of any lot held in single and separate ownership, except that in the case of any lot abutting a street, the "lot line" for such portion of the lot as abuts such street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line even though such may be the property boundary line.

LOWEST FLOOR

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

MAIL SERVICES

A commercial business which conducts the retail sale of stationery and packaging products and provides facilities for the dropoff and pickup of mail and packages and copying and printing services.

[Added 3-26-2015 by Ord. No. 2015-837]

MANUFACTURED HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections and built on a permanent chassis which arrives at a site completed 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. The term includes park trailers, travel trailers and recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

MANUFACTURED HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of two or more manufactured homes for nontransient use.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

MEDICAL CLINIC

A facility not located upon the premises of a hospital which provides specialty or multispecialty outpatient surgical treatment which does not require hospitalization but does require constant medical supervision following the surgical procedure performed. The surgical treatment and supervision shall require less than a twenty-four-hour stay at the facility. A facility shall be considered a medical clinic if it has all of the following:

[Added 11-15-2012 by Ord. No. 2012-809]

A transfer agreement with a hospital to provide prompt, routine emergency services;

Specialized equipment for surgical treatment; and

NONCONFORMING BUILDING OR USE

A recovery room.

MEDICAL OFFICE

An office where a licensed medical professional or a licensed health care professional receives and treats patients on an outpatient basis, including performing minor surgical procedures where the treatment and supervision of the patient requires less than a twenty-four-hour stay.

[Added 11-15-2012 by Ord. No. 2012-809]

MEDICAL OFFICE BUILDING

A building for the use of physicians and other health personnel to provide patients with medical, ambulatory/outpatient procedures, urgent care, diagnostic and health care services on an outpatient basis. The treatment and supervision of the patient shall require less than a twenty-four-hour stay. A medical office building may include an ambulatory surgical center, twenty-three-hour stay unit, x-rays and other diagnostic imaging, laboratory and pathology testing and services, the sale and dispensing of prescription drugs, immunizations and home care. A medical office building may include ancillary services for office workers, such as a restaurant, coffee shop, newsstand and child-care facilities, as well as administrative offices, storage, attached or detached oxygen filling station and accessory uses thereto.

[Added 11-15-2012 by Ord. No. 2012-809]

MINING

The extraction of minerals and coal from the subsurface of grounds located within the Township and shall not include open-face mining.

[Added 9-18-2008 by Ord. No. 2008-771]

MINOR REPAIR

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

MODIFICATION or MODIFY

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

[Added 11-12-2015 by Ord. No. 2015-840]

MONOPOLE

A tower which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connect appurtenances.

[Added 11-12-2015 by Ord. No. 2015-840]

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after November 18, 1974, and, include any subsequent improvements thereto.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

A building, use or activity which was lawful prior to the adoption or amendment of this chapter but which fails to conform to the requirements of the zoning district in which it is situated by reason of such adoption or amendment.

[Amended 6-15-1987 by Ord. No. 87-516]

NONTOWER WIRELESS COMMUNICATIONS FACILITIES (NONTOWER WCF)

Wireless communications facilities other than tower-based wireless communication facilities.

[Added 11-12-2015 by Ord. No. 2015-840]

NURSING HOME

A facility providing nursing care and related medical or other health services, but excluding surgical or emergency medical services, for a period exceeding 24 hours, for two or more individuals, who are not relatives of the operators, who are not acutely ill and not in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity, need such care. A nursing home shall exclude a facility for providing care for alcoholism, drug addition and mental disease.

[Added 11-15-2012 by Ord. No. 2012-809]

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year; for the purposes of this chapter, the one-hundred-year flood (base flood) is defined in the Flood Insurance Study for the Township of Upper Merion, Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency, or as otherwise defined by Upper Merion Township.[5]

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

PARKING SPACE

A reasonably level space, surfaced to whatever extent necessary to permit reasonable use under all conditions of weather, available for the parking of one motor vehicle, not less than nine and one-half (9 1/2) feet wide and having an area of not less than one hundred eighty and one-half (180 1/2) square feet.

[Added 6-15-1987 by Ord. No. 87-516]

PAWNSHOP

An establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property or deposits or conditional sales of personal property or the purchase or sale of personal property.

[Added 3-26-2015 by Ord. No. 2015-837]

PERSON

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

PERSONAL CARE FACILITY

A high-density residential facility for 10 or more adults, all of whom are 55 years of age or older in which food and shelter are provided to all residents; personal assistance or supervision are provided for a period exceeding 24 consecutive hours to those who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self-administration. A personal care facility, which is also known as an "assisted living facility," shall be licensed by the Pennsylvania Department of Public Welfare, Division of Personal Care Homes.

[Amended 3-25-1999 by Ord. No. 99-681]

PROTOTYPE

An original or working model prepared for testing and study, for ultimate use as a standard or pattern but not manufactured primarily for direct sale.

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

[Added 8-21-1989 by Ord. No. 89-561]

RADIO AND TELEVISION STRUCTURES, ACCESSORY

A radio or television pole, mast, tower or other structure is an accessory structure and use to a residential lot when erected and operated by an amateur radio operator duly licensed by the Federal Communications Commission.

[Added 12-4-1958 by Ord. No. 57]

RECREATIONAL VEHICLE

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

REGIONAL SHOPPING CENTER

An area or tract of land with structures, accessory installations, facilities and equipment designed for and used as a shopping center, comprising no less than 75 contiguous acres and no less than 750,000 square feet of gross leasable area dedicated to or in support of shopping center uses as defined in § 165-122.

[Added 8-12-1993 by Ord. No. 93-616]

REGULATORY FLOOD ELEVATION

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

REPLACEMENT

The replacement of existing wireless telecommunications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless telecommunications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

[Added 11-12-2015 by Ord. No. 2015-840]

RESIDENTIAL CLUB

A building housing a club or similar organization providing sleeping accommodations for more than 10 members thereof and whose chief activity or service shall not be performed for profit.

RESTAURANT, CARRY-OUT

A restaurant in which food and beverages may be eaten inside a building or on a patio connected thereto but in which food and beverages are also sold to patrons with the intent that patrons will leave the premises and consume the food and beverages at another location away from the restaurant or a restaurant in which food and beverages are sold with the intent that all patrons will leave the premises and consume the food and beverages elsewhere. Any restaurant at which more than 25% of the patrons carry the food and beverages away from the premises shall be considered a "carry-out restaurant."

[Added 6-6-1988 by Ord. No. 88-534]

RESTAURANT, DRIVE-THRU

A carry-out restaurant in which there has been installed a window, series of windows or other structure or mechanism whereby the patron may order and pick up his or her purchase without leaving his or her motor vehicle. "Drive-thru restaurants" shall not include drive-in restaurants where patrons are served while in their parked automobiles and remain in that parking location to consume the purchased food and beverages.

[Added 6-6-1988 by Ord. No. 88-534]

RESTAURANT, EAT-IN

A place where food and beverages are prepared for sale, service and consumption on the premises, either to be eaten inside the building or incidentally eaten on a patio connected thereto.

[Added 12-9-1968 by Ord. No. 68-225; amended 6-6-1988 by Ord. No. 88-534]

RETAIL BAKERY

An establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared either on or off site. Such use may include incidental food service. A bakery shall be considered a general retail use.

[Added 3-26-2015 by Ord. No. 2015-837]

RIGHT-OF-WAY (ROW)

The surface of and space above and below any real property in the municipality in which the federal government, commonwealth, municipality or municipal authority has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the federal government, commonwealth, municipality or municipal authority, and any nonexclusive public or utility easements established, dedicated, platted, improved or devoted for utility purposes. Private rights-of-way and other government-owned lands not listed above shall not be considered a right-of-way. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.

[Added 11-12-2015 by Ord. No. 2015-840]

SHOPPING CENTER

An area of land containing structures designed to conduct the uses set forth in Article XXII herein and, in addition, containing common areas devoted to pedestrian and vehicular uses such as open or enclosed malls, parking facilities, driveways, pedestrian walkways, site landscaping areas, common utility facilities and exterior lighting facilities, all as set forth on a development plan pursuant to the terms of this chapter.

[Added 12-31-1979 by Ord. No. 79-405]

SIGN

Any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national, state or local governmental flags.

[Amended 6-15-1987 by Ord. No. 87-516]

SINGLE AND SEPARATE OWNERSHIP

The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.

SITE

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground.

[Added 11-12-2015 by Ord. No. 2015-840]

SPECIAL EXCEPTION

Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XXXV, § 165-251A(2), herein, in situations where provision therefor is made by the terms of this chapter.

[Amended 4-20-1954 by Ord. No. 18; 2-10-1969 by Ord. No. 69-230; 6-16-2005 by Ord. No. 2005-745]

SPECIAL PERMIT

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

STEALTH TECHNOLOGY

State-of-the-art design techniques used to blend objects into the surrounding environment and to minimize the visual impact as much as possible. These design techniques are applied to wireless communications towers, antennas and other facilities which blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it less visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

[Added 11-12-2015 by Ord. No. 2015-840]

STORY

That portion of a building 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, furnishing access to abutting properties.

STREET LINE

The 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 platted, 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.

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, in the case of a nonconforming building or other structure, would prolong the life of such building or other structure.

STRUCTURAL UNIT

One or more buildings enclosed by continuous exterior walls and a continuous roof.

STRUCTURE, ACCESSORY

A structure subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building, including but not limited to detached private garages, above- and in-ground swimming pools (including filter, heater equipment, decks and patios), storage sheds, greenhouses, dog runs, shelters for common pets, tennis courts and satellite-receiving antennas.

[Amended 5-8-1978 by Ord. No. 78-383; 6-15-1987 by Ord. No. 87-516]

STRUCTURE

Any form or arrangement of building materials involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements, and light standards used for illumination of parking areas in commercial, industrial and multifamily districts.

[Amended 5-8-1978 by Ord. No. 78-383]

STRUCTURE

Anything constructed or erected on the ground or attached to the ground, including but not limited to buildings, sheds, manufactured homes and other similar items.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

SUBSTANTIAL CHANGE or SUBSTANTIALLY CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

[Added 11-12-2015 by Ord. No. 2015-840]

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater. Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure.

It entails any excavation or deployment outside the current site.

SUBSTANTIAL DAMAGE

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

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvements of a structure, the cost of which equals or exceed 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]

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