Unless otherwise expressly stated, the following words
and phrases shall be construed throughout this chapter to have the
meanings indicated in this article:
ACCESSORY EQUIPMENT
Any equipment serving or being used in conjunction with a
wireless telecommunications facility or wireless support structure.
The term includes utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage
sheds, shelters or similar equipment.
[Added 11-12-2015 by Ord.
No. 2015-840]
ACCESSORY USE OR STRUCTURE
A use or structure on the same lot with, and of a nature
customarily incidental and subordinate to, the principal use or structure.
[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]
AGRICULTURE
The cultivating of the soil and the raising and harvesting
of the products of the soil, including, but not by way of limitation,
nurserying, horticulture and forestry.
ANTENNA
Telecommunications equipment that transmits and receives
electromagnetic radio signals used in the provision of all types of
wireless telecommunications services. An antenna shall not include
private residence-mounted satellite dishes or television antennas
or amateur radio equipment, including, without limitation, ham or
citizen band radio antennas.
[Added 11-12-2015 by Ord.
No. 2015-840]
AUTOMOBILE
A self-propelled, free-moving vehicle, with four wheels,
less than 10,000 pounds gross vehicle weight as stated in the manufacturer’s
specifications and licensed by the appropriate state agency as a passenger
vehicle.
[Added 1-10-2008 by Ord. No. 2008-766]
AUTOMOBILE SALES AGENCY
A business that stores an inventory of automobiles and buys,
sells, and/or leases said automobiles. This includes repair or service
facilities as accessory to the sales.
[Added 1-10-2008 by Ord. No. 2008-766]
AUTOMOBILE SERVICE CENTER
Any building or structure that is used for the servicing
of motor vehicles and the installation of parts and equipment for
motor vehicles, which shall not include the sale of gasoline or other
motor vehicle fuel, the replacement or renovation of motors and engines,
the painting of motor vehicles, body and fender repair work and any
work involving the use of an open flame or welding equipment.
[Added 9-11-1967 by Ord. No. 67-207]
BASE FLOOD
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, Upper Merion
Township, prepared by the Federal Insurance Administration, United
States Department of Housing and Urban Development.
[Added 11-14-1977 by Ord. No. 77-379]
BASE FLOOD ELEVATION
The one-hundred-year flood elevation as referenced in the
Flood Insurance Study, Upper Merion Township, prepared by the Federal
Insurance Administration, United States Department of Housing and
Urban Development.
[Added 11-14-1977 by Ord. No. 77-379]
BASEMENT
Any area of the building having its floor below ground level
on all sides.
[Added 12-19-1996 by Ord. No. 96-654; amended 12-19-1996 by Ord. No. 96-655]
BASE STATION
A structure or equipment at a fixed location that enables
Federal Communications Commission-licensed or -authorized wireless
communications between user equipment and a communications network.
The term does not encompass a tower as defined in this subpart or
any equipment associated with a tower.
[Added 11-12-2015 by Ord.
No. 2015-840]
(1)
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.
(2)
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).
(3)
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.
(4)
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]
BEVERAGE SHOP (SNACK AND BEVERAGE BAR [NONALCOHOLIC])
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.
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]
(1)
That portion located within the ultimate right-of-way
of an existing street.
(2)
That portion of the tract with naturally occurring
slopes of 25% or greater.
(3)
That portion of the tract containing floodplain
and/or wetlands.
(4)
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]
DISTRIBUTED ANTENNA SYSTEM (DAS)
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.
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]
(1)
Collocation of new transmission equipment;
(2)
Removal of transmission equipment; or
(3)
Replacement of transmission equipment.
EMERGENCY
A condition that:
[Added 11-12-2015 by Ord.
No. 2015-840]
(1)
Constitutes a clear and immediate danger to the health, welfare,
or safety of the public; or
(2)
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]
(1)
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.
(2)
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.
(3)
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.
(4)
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]
FLOOR AREA, GROSS LEASABLE
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]
(1)
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;
(2)
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;
(3)
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
(4)
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.
IDENTIFIED FLOODPLAIN AREA
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]
(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.
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
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.
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
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]
(1)
A transfer agreement with a hospital to provide prompt, routine
emergency services;
(2)
Specialized equipment for surgical treatment; and
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]
NONCONFORMING BUILDING OR USE
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]
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.
[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]
(1)
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.
(2)
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.
(3)
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.
(4)
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]
(1)
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
(2)
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
TELEPHONE CENTRAL OFFICE
A building and its equipment used for the transmission and
exchange of telephone or radio telephone messages between subscribers
and other business of a telephone company, provided that in the AG
Agricultural Districts and in residential districts, a "telephone
central office" shall not include public business facilities, storage
of materials, trucks or repair facilities or housing of repair crews.
TOURIST HOME
A dwelling in which sleeping accommodations for less than
10 persons are provided or offered primarily for automobile travelers
for compensation.
TOWER
Any structure that exceeds 10 feet in height and is built
for the sole or primary purpose of supporting any Federal Communications
Commission-licensed or -authorized antennas and their associated facilities,
including structures that are constructed for wireless communications
services, including, but not limited to, private, broadcast, and public
safety services, as well as unlicensed wireless services and fixed
wireless services such as microwave backhaul, and the associated site.
A Ft. Worth attachment shall not be considered a tower.
[Added 11-12-2015 by Ord.
No. 2015-840]
TRAILER CAMP
Any land used or designated to be used as a parking space
for more than one house trailer.
TRANSMISSION EQUIPMENT
Equipment that facilitates transmission for any Federal Communications
Commission-licensed or -authorized wireless communication service,
including, but not limited to, radio transceivers, antennas, coaxial
or fiber-optic cable, and regular and backup power supply. The term
includes equipment associated with wireless communications services,
including, but not limited to, private, broadcast, and public safety
services, as well as unlicensed wireless services and fixed wireless
services such as a microwave backhaul.
[Added 11-12-2015 by Ord.
No. 2015-840]
URGENT CARE
A category of walk-in clinic focused on the delivery of ambulatory
care in a dedicated medical facility outside of a traditional emergency
room. Urgent care centers primarily treat injuries or illnesses requiring
immediate care but not serious enough to require an ER visit.
[Added 3-26-2015 by Ord.
No. 2015-837]
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 and/or building used or occupied for the purposes
of buying and selling pre-owned automobiles and storing said automobiles
prior to sale, including preparation, warranty, repair and/or service
facilities, as well as financing and leasing services.
[Amended 1-10-2008 by Ord. No. 2008-766]
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article
XXXV, § 165-250A(3), herein, constituting a modification of or deviation from
the exact provisions of this chapter as applied to a specific piece
of property.
[Amended 2-10-1969 by Ord. No. 69-230]
VERGE
A strip separating a sidewalk from the curb and consisting
of grass, landscaping, or decorative paving.
[Added 3-26-2015 by Ord.
No. 2015-837]
VETERINARY CLINIC OR HOSPITAL
An establishment operated by a licensed veterinarian for
the care, treatment and prevention of diseases and injuries of domestic
animals and where animals may be boarded as part of their care.
[Added 9-18-2014 by Ord. No. 2014-828]
WALKWAY, PUBLIC
Any space designed or maintained solely for pedestrian use
without regard to ownership.
WHOLESALING
Selling or distributing merchandise primarily to retailers,
contractors, industrial, commercial, institutional or other business
users, to other wholesalers, resellers or persons or entities acting
as agents or brokers and buying merchandise for or selling merchandise
to other parties. Showrooms or other display areas set up primarily
for such purposes shall also be included within the definition of
the term.
WIRELESS
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, personal communications service
(PCS), microwave, satellite, or radio signals.
[Added 11-12-2015 by Ord.
No. 2015-840]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling and accessory equipment,
used to provide wireless data and telecommunication services. The
term shall not include the wireless support structure.
[Added 11-12-2015 by Ord.
No. 2015-840]
WIRELESS SUPPORT STRUCTURE
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure, including
but not limited to buildings, light poles, utility poles, traffic
signals and other similar structures that could support the placement
or installation of wireless telecommunications facilities if approved
by the municipality.
[Added 11-12-2015 by Ord.
No. 2015-840]
YARD, FRONT
A yard extending the full width of the lot along the front
lot line and extending in depth from the front lot line to the nearest
point of any structure on the lot.
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
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
point of any structure on the lot.
YARD
An open, unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky.