Definitions. As used in this chapter, the following
words and phrases shall have the meanings given in this section as
follows:
ACCESSORY BUILDING
A subordinate building which does not exceed 50% of the area
of the principal building, the use of which is customarily incidental
to that of the principal building on the same lot.
[Amended 1-9-1996 by Ord. No. 2237]
ACCESSORY USE OR ACCESSORY
A use conducted on the same lot as and subordinate to a principal
use to which it is related, which use is clearly incidental to and
customarily found in connection with a particular principal use.
ADULT COMMERCIAL USE
That use devoted to activities of the type which are prescribed
and regulated by 18 Pa.C.S.A. § 5903, as amended.
[Added 8-8-1994 by Ord. No. 2208]
ALLEY
A minor way which may or may not be legally dedicated and
is used primarily for vehicular service access to the rear or side
of properties abutting on a street.
ALTERATION, MINOR
An alteration including but not limited to the following:
(1)
Any incidental change or replacement in the
nonstructural parts of a building or other structure.
(2)
Any minor change or replacement in the structural
parts of a building or other structure, limited to the following examples
and others of a similar character or extent:
(a)
Alteration of interior partitions to improve
livability in nonconforming residential buildings, provided that no
additional dwelling units are created thereby.
(b)
Alteration of interior partitions in all other
types of buildings or other structures.
(c)
Making openings for windows or doors in exterior
walls.
(d)
Strengthening the load-bearing capacity in not
more than 10% of the total floor area to permit the accommodation
of a specialized unit of machinery or equipment.
AUTOMOBILE SALES AND SERVICE AGENCY
The use of any building or land area for the display and
retail sales of new or used automobiles, trucks and/or vans including
customary service, washing and repair facilities within an enclosed
building conducted as an accessory use; excluding any automobile body
repair shop, stand-alone car wash or painting facility.
[Amended 6-9-2008 by Ord. No. 2543]
BASEMENT
A story partially underground, but having 1/2 or more of
its height, measured from floor to ceiling, above the average level
of the adjoining ground. A "basement" shall be counted as a story
for the purpose of height measurement or of determining square footage
only if the vertical distance between the ceiling and the average
level of the adjoining ground is more than four feet or if it is used
for business or dwelling purposes.
BILLBOARD
A freestanding, off-site advertising sign.
[Added 6-9-2015 by Ord.
No. 2753]
BLOCK
A tract of land bounded by streets, public park areas, railroad
rights-of-way, excluding siding and spurs, and the corporate boundary
lines of the Township.
BUFFER PLANTING STRIP
A strip of required yard space adjacent to the boundary of
a property or district, not less in width than is designated in this
chapter, which is landscaped for the full width and on which is placed
a high- and low-level screen of sufficient density and height to constitute
an effective screen and give maximum protection and immediate visual
screening to an abutting property or district. The required screen
shall be permanently maintained and shall constitute a planting of
dense evergreens or a compact evergreen hedge or, where otherwise
specifically designated in this chapter, an appropriate wall, fence,
suitable planting or combination thereof. The high-level screen shall
consist of evergreen trees or equal, planted with specimens having
an initial height of not less than five feet and planted at intervals
of not more than 10 feet on centers. The low-level screen shall consist
of evergreen shrubs or equal, planted at an initial height of not
less than two feet and spaced at intervals of not more than five feet
on centers. The low-level screen shall be placed in alternating rows
to produce a more effective barrier. Where existing vegetation forms
an effective screen in whole or in part, the Planning Commission may
recommend to the Board of Commissioners that it accept the existing
screen in fulfillment of the requirements of this section, or it may
require supplemental plantings to effectively complete the screen.
[Amended 9-24-1984 by Ord. No. 1906]
BUILDING
A structure or appendage to a structure which is permanently
affixed to the land, has one or more floors or stories and is bounded
by either lot lines or yards. A building may accommodate more than
one family and have more than one dwelling unit and may be used for
residential, commercial, industrial, public or semipublic purposes
in accordance with the requirements of this chapter.
BUILDING COVERAGE
The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches and breezeways and excluding only such projections as are permitted in the required yards in §
182-712.
BUILDING LINE
The line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located or any line which establishes the minimum depth of the required front yard as measured from the street line. The face of no building shall project closer to a street line than the building line, except for projections as permitted in §
182-712.
BULK
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas such
as yards and to lot lines, and including the size, height and floor
area of buildings or other structures; the relationship of the number
of dwelling units in a residential building to the area of the lot,
usually called "density"; and all open areas in yard space relating
to buildings and other structures.
CAR WASH ESTABLISHMENT
A structure used for the purposes of cleaning or reconditioning
the exterior and interior surfaces of automotive vehicles, but not
including an incidental one-bay washing facility in a gasoline service
station where washing facilities are purely incidental to the operation
of said service station. A self-service vehicular laundering facility
not requiring attendants or employees, regardless of capacity, is
also considered to be a "car wash establishment."
CEMETERY
Land used or intended to be used for the burial of the deceased,
including columbariums, crematories, mausoleums and mortuaries when
operated in conjunction with a cemetery and within the boundaries
of such cemetery.
CERTIFICATE OF OCCUPANCY
A statement signed by a duly authorized Township officer
setting forth that a building, structure or use legally complies with
the Zoning Ordinance and other applicable codes and regulations and
that the same may be used for the purposes stated therein.
CHURCH
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, educational, recreational
or other uses not normally associated with worship.
COMMUNITY CENTER
A facility operated principally by a nonprofit entity and
used as a community center and for community-based activities, that
includes, but is not limited to, facilities for community meetings,
gatherings and conferences, child-care facilities, gymnasiums, exercise
facilities, swimming pool, locker rooms, tracks, playing fields for
various sports, recreational facilities and such other accessory facilities
and uses as are normal and customary for a community center.
[Added 12-13-2010 by Ord. No. 2612]
CONSUMER FIREWORKS
[Added 5-14-2018 by Ord.
No. 2838]
(1)
Any combustible or explosive composition or any substance or
combination of substances which is intended to produce visible or
audible effects by combustion, is suitable for use by the public,
complies with the construction, performance, composition and labeling
requirements promulgated by the Consumer Products Safety Commission
in 16 CFR (relating to commercial practices) or any successor regulation
and complies with the provisions for "consumer fireworks" as defined
by the American Pyrotechnics Association, APA Standard 87-1 (hereinafter
referred to as "APA 87-1") or any successor standard, subject to the
licensure by the Pennsylvania Department of Agriculture for the sale
thereof.
(2)
This term does not include devices such as "ground and hand-held
sparkling devices," "novelties" or "toy caps" in APA 87-1 or any successor
standard.
CONTINUING-CARE FACILITY FOR THE ELDERLY
A planned residential development intended for individuals or couples in which at least one occupant is 60 years of age or older. The "continuing-care facility for the elderly" shall be distinguished from other forms of residential development by the fact that it shall provide skilled nursing care for residents as an integral part of the development. The skilled nursing facility shall provide one bed for not more than 25% and not less than 10% of the number of permitted dwelling units. The development may also provide facilities for the personal care of residents within the overall density limits established herein, common dining by residents and such other accessory uses as are provided by §
182-725.
[Added 9-24-1984 by Ord. No. 1906]
CONVENIENCE STORE
A mini food market designed to attract and serve a large
volume of stop-and-go traffic, specializing in fast sales of bread,
dairy, and luncheon meats, as well as both made-to-order and ready-to-consume
sandwiches, meals and beverages intended for consumption off the premises,
and providing a limited supply of grocery store stock as a convenience
to its patrons, with less than 10% of its retail floor area or display
area dedicated to, or which maintains 20% or less of its total merchandise,
whether on display or in stock, for, products containing tobacco,
tobacco paraphernalia, Delta-8 THC (or Delta-8-tetrahydrocannabinol)
products, kratom, ingestible CBD/cannabidiol products, and/or electronic
nicotine delivery systems (ENDS), ENDS-related products and/or any
materials that can be used in electronic nicotine delivery systems.
A store exceeding this 10% requirement shall be considered a significant
tobacco retailer. No game of skill machines shall be permitted within
the same premises as a convenience store.
[Added 1-9-1996 by Ord. No. 2237; amended 4-8-2024 by Ord. No. 2997-2024]
COUNTRY CLUB
A private club operated for profit, maintaining and operating,
but not limited to, a regulation golf course and associated recreational
activities, with specified limitations upon the number of members,
and for the exclusive use of members and their guests.
DAY CARE
[Added 10-11-1994 by Ord. No. 2212]
(1)
The care and/or supervision of three or more
persons under the age of 16, which persons are not related by blood
or marriage to the residents and/or occupants of the dwelling.
(2)
The care and/or supervision and/or instruction
given to three or more persons under the age of six at a nonresidential
facility. Notwithstanding any of the provisions of this Code, a license
from the Commonwealth of Pennsylvania, Department of Public Welfare,
is required for all "day care" provided at a nonresidential facility.
DENSITY
The maximum number of dwelling units per net acre, excluding
streets and common open space dedicated to the Township.
DRIVE-THROUGH COMMERCIAL ESTABLISHMENTS
A retail establishment or portion thereof which, by design
of construction, is intended to serve consumers in a motor vehicle
without said consumers leaving their vehicles. Said definition shall
apply to all retail and service establishments, including restaurants
and banks. "Drive-through commercial establishments" are considered
a separate use under the terms of this chapter and shall be permitted
only in those districts where they are specifically authorized.
[Added 6-25-1979 by Ord. No. 1748]
DWELLING UNIT
One or more living or sleeping rooms, together with separate
cooking and sanitary facilities, which are accessible from the outdoors
either directly or through an entrance hall shared with other dwelling
units and used or intended to be used by a family as defined in this
section; provided, however, that in the case of a continuing-care
facility for the elderly, each personal care bed shall be considered
as a "dwelling unit."
[Amended 9-24-1984 by Ord. No. 1906]
E-LIQUID
Any liquid that contains vegetable glycerin, propylene glycol,
nicotine, water, and possibly flavoring that can be used in Electronic
Nicotine Delivery Systems (ENDS) devices. E-liquids can also be referred
to as "vape" or "vape juice."
[Added 4-8-2024 by Ord.
No. 2997-2024]
ELECTRONIC CIGARETTE[Added 4-8-2024 by Ord. No. 2997-2024]
(1)
An electronic oral device, such as one composed of a heating
element and battery or electronic circuit, or both, which provides
a vapor of nicotine or any other substance and the use or inhalation
of which simulates smoking.
(2)
The term includes any electronic nicotine delivery systems (ENDS)
device, notwithstanding whether the device is manufactured, distributed,
marketed or sold as an e-cigarette, e-cigar and e-pipe or under any
other product, name or description.
ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS)
Any device designed or used to transform an e-liquid (that
may contain nicotine) into an aerosol that the user inhales. ENDS
can also be referred to as "vapes," "vaporizers," "vape pens," "hookah
pens," "electronic cigarettes," "e-cigarettes," "e-cigs," and "e-pipes."
[Added 4-8-2024 by Ord.
No. 2997-2024]
EMPLOYEES or NUMBER OF EMPLOYEES
The greatest number of persons to be employed in the building
in question during any season of the year and at any time of the day
or night.
ENLARGEMENT
An addition to the floor area of an existing building, an
increase in the size of another structure or an increase in that portion
of a tract of land occupied by an existing use.
FAMILY
A single person occupying a dwelling unit and maintaining
a household; two or more persons related by blood, marriage or adoption
occupying a dwelling unit, living together and maintaining a common
household, including no more than one boarder, roomer or lodger; or
not more than three unrelated persons occupying a dwelling unit, living
together and maintaining a common household (group quarters).
FARMERS' MARKET
An outdoor retail market established to provide the seasonal
sales of produce, plants or herbs, eggs, meats, dairy, honey and other
similar products sold directly from the grower, harvester or producer
of the said products, and certain prepared foods goods or beverages
including wine that are produced by the seller for the sale to the
general public. A farmers’ market may include sellers of handcrafted
items if such sellers do not exceed 10% of the total number of farmers'
market vendors.
[Added 6-10-2013 by Ord. No. 2690]
FENCE
A structure or barricade of wood, stone, metal, plastic or
other synthetic material, erected for the purpose of enclosing or
bordering a piece of land, used to shield, confine or prevent entrance
to a property; a wall as well as a structure of posts and boards,
palings and pickets, rails, lattice or wire.
[Added 1-9-1996 by Ord. No. 2237; amended 11-14-2016 by Ord. No. 2786]
FIREWORKS OUTDOOR STORAGE UNIT
A consumer fireworks building, trailer, semitrailer, metal
shipping container or magazine meeting the specifications of the National
Fire Protection Association's American National Standard, NFPA 1124:
Code for the Manufacture, Transportation, and Storage of Fireworks
and Pyrotechnic Articles (hereinafter referred to as "NFPA 1124").
[Added 5-14-2018 by Ord.
No. 2838]
FIREWORKS, TEMPORARY STRUCTURE
A structure, other than a permanent facility with fixed utility
connections, which is in use or in place for a period of 20 consecutive
calendar days or less and is dedicated to the storage and sale of
consumer fireworks and related items. The term includes temporary
retail sales stands, tents, canopies and membrane structures meeting
the specifications of NFPA 1124. The term shall not include a facility
that is not licensed to sell consumer fireworks under this chapter.
[Added 5-14-2018 by Ord.
No. 2838]
FLOOR AREA
The sum of the gross area of the several floors of a building
or buildings measured from the face of exterior walls or from center
lines of walls separating two buildings. In particular, "floor area"
includes but is not limited to the following:
(1)
Basement space if it meets the requirements
of a building story. See also "basement."
(2)
Elevator shaft, stairwell and attic space, whether
or not a floor has been laid, providing structural headroom of eight
feet or more.
(3)
The floor areas of roofed terraces, exterior
balconies, breezeways or porches where over 50% of the perimeter is
enclosed.
(4)
Any floor space used for dwelling purposes no
matter where it may be located within a building.
(5)
The floor areas of accessory buildings, excluding
space used for accessory off-street parking or used for loading berths.
(6)
Any other floor space not specifically excluded,
excluding space used for air-conditioning machinery or cooling towers
and similar mechanical equipment serving the building.
FREESTANDING SIGN
A sign and supporting structure which is secured in the ground
and independent of any building, fence or other support. For the purpose
of this definition, "freestanding signs" may consist of the following:
[Added 6-9-2015 by Ord.
No. 2753]
(1)
A monument sign as defined herein.
(2)
A sign which is detached from a building and supported by no
more than two poles or other structural supports which are architecturally
dissimilar to the design of the sign.
GAME OF SKILL MACHINE
A gaming machine, apparatus, or device that resembles and
often functions like casino slot machines, in that a player inserts
money, tokens or a card for the chance to win more money, credits
or a similar benefit, but where the outcome is determined mainly by
mental or physical skill, rather than chance.
[Added 4-8-2024 by Ord. No. 2997-2024]
GARAGE, COMMUNITY
A garage accessory to a principal building shared by common
property owners which is used for automobile storage purposes only
and in which no business, service or industry, whether connected directly
or indirectly with motor vehicles, is conducted.
GARAGE, PRIVATE
A garage accessory to a principal building, used for automobile
storage purposes only and in which no business, service or industry,
whether connected directly or indirectly with motor vehicles, is conducted,
provided that no private garage shall be used for the housing or storage
of other than passenger vehicles.
GARAGE, PUBLIC OR COMMERCIAL
A garage, not a private or community garage, used for the
storage, repair or servicing of motor vehicles of any type or ownership,
but not including an automobile-wrecking establishment.
GARDEN APARTMENT DEVELOPMENT
A group of multiple-family dwellings, not more than three
stories in height, having common open spaces and designed in accordance
with the special requirements of this chapter.
GASOLINE SERVICE STATION
A lot or area of land, together with any structure thereon,
used for the retail sale of motor fuel and lubricants; incidental
services such as lubrication and hand washing of motor vehicles; and
the sale, installation or minor repair of tires, batteries or other
automobile accessories.
GOLF COURSE
An open area and its necessary buildings used for the playing
of golf, not including a driving range, miniature golf course or eating
facilities in a separate building operated for additional profit.
GROUND ANCHOR
A permanent device which is intended to be used for the purpose
of securing a mobile home to the ground. The "ground anchor" shall
be capable of resisting all design loads specified in this chapter,
and all portions exposed to weathering shall have a resistance to
weather deterioration at least equivalent to that provided by a coating
of zinc on steel of not less than 0.625 ounces per square foot on
each side coated, as determined by ASTM A90-69. "Ground anchors" shall
be designed to prevent self-disconnection with no end hooks used.
[Added 9-12-1983 by Ord. No. 1877]
HEIGHT OF BUILDING
The vertical distance measured from the average elevation
of the proposed finished grades at the front of a building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs and to the mean height between the eaves and the ridge for gable,
hip and gambrel roofs, provided that chimneys, spires, towers, mechanical
penthouses, tanks and similar projections of the building not intended
for human occupancy shall not be included in calculating the height.
If there are two or more separate roofs on a single building, the
height of such building shall be calculated from the highest roof.
[Amended 2-21-2006 by Ord. No. 2449]
HIGH-RISE APARTMENT BUILDING OR DEVELOPMENT
A multiple-family dwelling or a group or complex of such
buildings on a lot, each such building six stories or more in height,
with elevator service, having common open spaces and designed in accordance
with the special requirements of this chapter.
HOME OCCUPATION
A use customarily carried on within a dwelling by the inhabitants
thereof, which use is incidental and subordinate to the use of the
dwelling for living purposes and does not change the character thereof
or involve the use of mechanical equipment other than that customarily
used for purely domestic or hobby purposes.
[Amended 1-9-1996 by Ord. No. 2237]
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/or 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. A hookah bar shall be considered
a significant tobacco retailer.
[Added 4-8-2024 by Ord. No. 2997-2024]
HOSPITAL
An institution providing health services primarily for inpatient
medical or surgical care of the sick or injured and including related
facilities such as laboratories, outpatient departments, training
facilities, central service facilities and staff offices which are
an integral part of the institution.
HOSPITAL, VETERINARY
A structure designed or converted for the care and treatment
of sick or wounded domestic animals.
IMPERVIOUS SURFACE
A surface which does not absorb rainwater, including but
not limited to all buildings, parking areas, driveways, roads, sidewalks
and any areas in concrete or asphalt. In addition, other areas determined
by the Township Engineer to be impervious shall also be classified
as "impervious surfaces."
[Added 12-13-1993 by Ord. No. 2189]
IMPERVIOUS SURFACE RATIO
A measure of the intensity of use of a parcel of land. The
"impervious surface ratio" shall be measured by dividing the total
area of all impervious surfaces within a site by the net site area.
[Added 12-13-1993 by Ord. No. 2189]
IMPROVED OPEN SPACE
That portion of a lot, excluding areas set aside or used
for buildings, parking, loading and streets, which is devoted to recreational
uses and/or play areas with appropriate recreational equipment, park
furniture and landscape plantings.
INDOOR RECREATIONAL or AMUSEMENT FACILITIES
An establishment containing an indoor premises or place of
business that primarily or substantially offers indoor recreational
and/or amusement activities, including, without limitation, movie
and live theaters, bowling alleys, sports fields or playing courts,
video arcades, billiards, playground equipment, laser tag, go-carts,
golf game simulators, mini-golf, ax/knife throwing, virtual reality
experiences, trampolines, batting cages, or similar indoor facilities.
Devices and facilities used solely for retail sales product testing
or demonstrations, playgrounds used accessory to an eating/drinking
establishment, and private sports clubs or gyms that require at least
monthly memberships to participate shall not be considered indoor
recreation or amusement facilities.
[Added 4-8-2024 by Ord. No. 2997-2024]
JUNKYARD
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of used and discarded
materials, including but not limited to wastepaper, rags, metal, building
materials, house furnishings, machinery, vehicles or parts thereof,
with or without the dismantling, processing, salvage, sale or other
use or disposition of the same. The deposit or storage on a lot of
two or more unlicensed, wrecked or disabled vehicles or the major
part thereof shall be deemed to be a "junkyard."
LOADING SPACE
Dedicated paved accommodation off the street for loading
and unloading in the building or outside a building on the same lot
within 50 feet of the use being served.
[Amended 9-13-2010 by Ord. No. 2604]
LOT
A tract or parcel of land held in single or separate ownership
which is or may be occupied by a building or, where authorized, a
group of buildings, including the open spaces required under this
chapter.
LOT AREA
Shall not include any part of the lot lying within the right-of-way
lines of a street, road or highway or the narrow portion of a panhandle
lot which serves primarily as access from a public street, road or
highway to the portion of the lot on which buildings can be erected
in conformity with yard and area requirements.
[Added 10-14-1975 by Ord. No. 1616]
LOT, CORNER
A lot bounded on at least two sides by streets whenever the
lines of such streets extended form an interior angle of 135°
or less.
LOT DEPTH
The distance between the front and rear lot lines of a lot
measured along the median between the two side lot lines.
LOT LINE, FRONT
The street line or the line separating the lot from the street
right-of-way.
LOT LINE, REAR
Any lot line, except a front lot line, which is parallel
to or within 45° of being parallel to and does not intersect any
street line. In the case of a corner lot, see the definition of "yard,
rear."
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot
line. In the case of a corner lot, see the definition of "yard, side."
LOT WIDTH
The horizontal distance between the side lot lines measured
at right angles to the lot depth at the building line.
MECHANICAL AMUSEMENT DEVICE
Any machine, apparatus, or device which, upon the insertion
of a ticket, coin, slug, token, plate, card, disk or key into any
slot, crevice or other opening, or by the payment of any price, may
be operated or used as a game, entertainment or amusement, whether
or not registering a score and whether or not a prize or redeemable
tickets or points are offered. It shall include, without limitation,
such devices as game of skill machines, skill games, marble machines,
pinball machines, skill ball, skee ball, mechanical grab or claw machines,
mechanical or video bowling machines, electronic dart boards, golf
simulator games, photoelectric or video shooting games or target machines,
electronic video games, air-hockey tables, football games or other
ball, disk, or bag throwing, rolling, or kicking games, riding or
driving games or devices, virtual reality games, and all other games,
operations, or transactions similar thereto under whatever name they
may be designated or described. It shall not include devices or machines
which dispense candy or merchandise unrelated to playing a game or
Pennsylvania Lottery kiosks or devices. No mechanical amusement device
shall be permitted within the same premises as a significant tobacco
retailer.
[Added 4-8-2024 by Ord. No. 2997-2024]
MEDICAL CLINIC
A building constructed as a professional building for the
offices of three or more medical practitioners.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania and the provisions of Act 16 of
2016.
[Added 6-12-2017 by Ord.
No. 2810]
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter
19 of the Medical Marijuana Act.
[Added 6-12-2017 by Ord.
No. 2810]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter
19 of the Medical Marijuana Act.
[Added 6-12-2017 by Ord.
No. 2810]
MEDIUM-RISE APARTMENT BUILDING OR DEVELOPMENT
A multiple-family dwelling, each such building being over
three but not more than five stories in height, with elevator service,
and having common open spaces and designed in accordance with the
special requirements of this chapter.
MOBILE HOME
A transportable, single-family detached dwelling intended
for permanent occupancy, contained in one unit, or in two or more
units designed to be joined into one integral unit, which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations, and which is installed upon a mobile
home lot. This term shall also apply to manufactured housing.
[Added 9-12-1983 by Ord. No. 1877]
MOBILE HOME LAND DEVELOPMENT
The improvement of one or more contiguous tracts of land
for the purpose of creating two or more mobile home lots which have
been planned and improved for the placement of mobile homes for nontransient
use, regardless of the form of ownership of the land.
[Added 9-12-1983 by Ord. No. 1877]
MOBILE HOME LOT
A parcel of land in a mobile home land development, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home.
[Added 9-12-1983 by Ord. No. 1877]
MOTEL, HOTEL
A building or a group of buildings having units containing
sleeping accommodations which are available for temporary, rental
occupancy by transients and providing sufficient off-street parking
facilities adjacent or convenient thereto. A tourist home containing
provisions or facilities for accommodation of more than two transient
occupants not normally quartered on the premises shall be considered
as a "motel" or "hotel" facility under the provisions of this chapter.
MULTIPLE-FAMILY DWELLING
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment buildings, apartment hotels, flats and
group houses.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure manifestly not designed to comply
with the applicable use provisions of this chapter or any amendment
heretofore or hereafter enacted or which does not comply with the
area and bulk requirements of this chapter or any amendment thereto
where such building or structure lawfully existed prior to the enactment
of this chapter or amendment.
NONCONFORMING LOT OR LAND
Any lawful lot which does not conform to one or more of the
applicable area regulations of the district in which it is located
either on the effective date of this chapter or as a result of a subsequent
amendment thereto.
NONCONFORMING USE
A use, whether of land or of a structure, which does not
comply with the applicable use provisions of this chapter or any amendment
heretofore or hereafter enacted where such use was lawfully in existence
prior to the enactment of this chapter or amendment.
NURSERY SCHOOL, DAY SCHOOL or KINDERGARTEN
A facility which provides daytime care and instruction to
a number of persons between the ages of two and six years and operates
on a regular or seasonal basis. Notwithstanding any provisions of
this Code, a license from the Commonwealth of Pennsylvania, Department
of Public Welfare, is required for all nursery school, days school
or kindergarten facilities.
[Amended 10-11-1994 by Ord. No. 2212]
OCCUPANCY
Any use, possession or tenancy of a property, including a
subuse or tenant or portion of real estate not a part of the principal
occupancy of a specific property.
[Added 1-9-1996 by Ord. No. 2237]
OCCUPANT
A person having possessory rights who has control over activities
at a specific property, including a legal owner or tenant or real
estate.
[Added 1-9-1996 by Ord. No. 2237]
OPEN SPACE, OPEN AREA
That portion of a lot excluding areas set aside or used for
building, parking, loading and streets. Land devoted to recreational
purposes, including land for swimming pools, tennis courts and similar
recreational uses, shall be considered open space or area for the
purpose of this definition.
OUTDOOR DINING
Outdoor dining area accessory to a restaurant as provided
for in the use provisions of a zoning district.
[Added 4-8-2013 by Ord. No. 2681]
PANHANDLE LOT
A tract or parcel of land in which the majority of the lot
is remote from any public street and in which access to a public street
is provided by a narrow strip of land which, at any point, is less
in width than 80% of the street frontage required in its respective
district.
[Added 10-14-1975 by Ord. No. 1616]
PARKING SPACE
A paved accommodation for the parking of a motor vehicle
on a lot provided for restricted use in connection with a particular
business or private enterprise or as an adjunct to a housing development
or private residence, whether cooperatively established and operated
or not. Such parking spaces may consist of parking lots, private garages
or, where permitted, other structures and accessories and may be surface
facilities or facilities above or under the ground.
[Amended 10-14-1975 by Ord. No. 1616]
PAVED AREA
A portion of land paved with a weatherproof surface for parking
space, driveways or streets. In the computation of such, the area
covered by buildings shall be excluded.
PERSONAL CARE
Any premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 consecutive
hours for more than two adults who are not relatives of the operator
and who require assistance or supervision in such matters as dressing,
bathing, diet or medication prescribed for self-administration, but
do not require hospitalization or care in a skilled nursing facility.
[Added 9-24-1984 by Ord. No. 1906]
PERSONAL CARE ASSISTED-LIVING RESIDENCE
A premises operated by a legal entity holding a certificate
of compliance document issued by the Pennsylvania Department of Welfare
(license) permitting the operation of a personal care home (PCH),
at the location of said premises, according to appropriate Pennsylvania
Department of Welfare program licensure or approval regulations, in
which dwelling units, food and personal assistance or supervision
are provided for aged adults who do not require the services in or
of a Pennsylvania Department of Health licensed long-term care facility,
but who do, because of their advanced age, require assistance or supervision
in matters such as dressing, bathing, diet, financial management,
evacuation of a residence in the event of an emergency or medication
prescribed for self-administration.
[Added 8-11-1997 by Ord. No. 2277]
PORTABLE STORAGE UNIT (hereinafter referred to as "PSUs")
Any container, storage unit, shed-like container or other
portable structure which is leased or rented that can or is used for
the temporary storage of personal property of any kind and which is
located for such purposes outside an enclosed building exclusive of
an accessory building or shed complying with all building codes and
land use requirements.
[Added 11-12-2013 by Ord. No. 2702]
PRINCIPAL BUILDING OR USE
A building or use which is the main building or use on a
lot as distinguished from a building or buildings relating to an accessory,
incidental or subordinate use or the main or primary purpose for which
land, a building, a structure or the use thereof is designed, arranged
or intended. All buildings, structures, signs or uses on the same
lot and incidental or supplementary thereto and permitted in accordance
with this chapter shall be considered accessory uses.
PROFESSIONAL OFFICE
The office of a physician, dentist, psychiatrist, psychologist,
attorney or similar member of a recognized profession, who customarily
has offices in the dwelling in which such person resides, but not
including an office such as a real estate office, insurance office
or other office permitted only in commercial districts.
[Amended 1-9-1996 by Ord. No. 2237]
PUBLIC HEARING
A formal meeting held pursuant to the provisions of the Pennsylvania
Municipalities Planning Code, as amended.
[Added 1-9-1996 by Ord. No. 2237]
RECREATIONAL AREA
A private or public space, including essential buildings
and structures, used for play and recreational space for individuals.
RESTAURANT, DRIVE-IN
Any place or premises used for the sale, dispensing or serving
of food, refreshments or beverages whose design, method of operation
or any portion of whose business includes the delivery of the food
or beverage directly to the customer to consume the food or beverage
within a motor vehicle parked on the subject property.
[Added 5-9-1977 by Ord. No. 1665]
RESTAURANT, FAST FOOD
Any place or premises used for the sale, dispensing or serving
of food, refreshments or beverages whose design, method of operation
or any portion of whose business involves the serving of the food
or beverage in disposable or edible containers and in which food or
beverage is not normally delivered to the customer's table by an employee
of the restaurant.
[Added 5-9-1977 by Ord. No. 1665]
RESTAURANT, STANDARD
Any place or premises used for the sale, dispensing or serving
of food, refreshments or beverages where the customer is normally
involved with an individual menu and served the food or beverage by
a restaurant employee at the table or counter at which said items
are consumed, or a cafeteria-style operation where a variety of foods
or beverages are visually displayed in nondisposable containers and
where the customer selects the specific items he desires and takes
them to a table or counter within the cafeteria to consume them.
[Added 5-9-1977 by Ord. No. 1665]
RESTAURANT, TAKE-OUT
Any place or premises used for the sale, dispensing or serving
of food, refreshments or beverages in a ready-to-consume state whose
principal business, as determined by the Zoning Officer, is the delivery
of said food or beverage to the customer in disposable or edible containers
for consumption at a site other than that occupied by the take-out
restaurant.
[Added 5-9-1977 by Ord. No. 1665]
RETAIL
The sale of a product or service to the ultimate consumer
and not for resale.
RETAINING WALLS
Walls that prevent downslope movement or erosion and provide
support for vertical or near-vertical grade changes.
[Added 10-9-2007 by Ord. No. 2512]
RIGHT-OF-WAY, STREET
The total extent of land reserved or dedicated as a street
or alley for public or private purpose.
[Added 11-14-2016 by Ord.
No. 2786]
SETBACK
The required front yard or distance between the street line
and a building.
SIGN
Any name, nameplate, billboard, poster, panel, display, illustration,
structure or device used for visual communication which is affixed,
painted or represented, directly or indirectly, upon a building or
other outdoor surface for the purpose of bringing the subject thereof
to the attention of the public or advertising a business, commodity,
service or product or for identifying a business structure or use
of land
[Amended 11-14-1977 by Ord. No. 1679]
(1)
SIGN, OFF-SITE ADVERTISINGA sign which directs attention to, a business, commodity, service or entertainment which is conducted, sold or offered elsewhere than upon the property on which the sign is located. "An off-site advertising sign" shall include a billboard.
[Amended 6-9-2015 by Ord.
No. 2753]
(2)
SIGN, BUSINESSAn accessory sign which directs attention to a business, profession, industry or similar activity conducted upon the property on which the sign is located.
(3)
ANIMATED SIGNA sign or any device designed to attract attention by visual means through the movement or semblance of movement by mechanical, electrical or natural means.
(4)
BANNERA graphic or sign which has its letters or design applied to cloth, canvas or other flexible material which is durable and weather-resistant.
(5)
DIRECTIONAL SIGNSAn informational sign indicating entry or exit, loading or service area, fire lanes, parking, no trespassing or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
(6)
ERECTION OF SIGNTo install, construct, place. relocate, enlarge substantially, alter, attach, suspend, paint, post or display a sign. Normal maintenance and repair, including refinishing of conforming signs, is not included in this definition.
(7)
FACADE AREA OF FIRST FLOORThe area of one side of a building or portion of a building from the curb level to the bottom edge of any second-story window or the upper edge of a roof or parapet line.
(8)
ITEM OF INFORMATIONA word; abbreviation; initial; number or group of numbers up to seven in a row, including a telephone number; a trademark; logo; symbol; illustration; or distinct shape or element. A legal or fictitious name shall count as one "item of information." Letters of less than four inches in height, lettering within a logo and exempted signs do not count as "items of information."
(9)
ILLUMINATION OF SIGN, DIRECTA sign which is designed to give forth artificial light directly or through transparent or translucent material from a source of light within or upon said sign.
[Amended 6-9-2015 by Ord.
No. 2753]
(10)
ILLUMINATION OF SIGN, INDIRECTA sign which is designed to be illuminated by artificial light from a source adjacent to outside of the sign in such a manner that the source of light is not directly visible from the street or any other intended vantage point of the sign.
(11)
NAMEPLATE SIGNA sign indicating only the name and/or profession and address of a person or persons residing on the premises or legally occupying the premises.
(12)
OFFICIAL SIGNA sign erected by the state, county, Township or other legally constituted governmental body.
(13)
PERMANENT SIGNA sign which is constructed of durable, weather-resistant material and which is intended to be displayed for a long period of time, normally at least one year in duration.
(14)
ELECTION/POLITICAL SIGNA sign which indicates the name, cause or affiliation of a person seeking public office or on which reference is made to an issue for which a public election or referendum is scheduled to be held.
[Amended 1-12-2009 by Ord. No. 2556]
(15)
PROJECTING SIGNA sign mounted to a wall or other vertical building surface, other than a wall sign, which projects more than eight inches from the wall or surface to which it is mounted. Included are signs on canopies and marquees.
(16)
ROOF SIGNA sign erected on above or projecting above the eave, roof or parapet of any building.
(17)
SIGN, AREA OFThe face of a sign, including all lettering, wording, designs and symbols, together with background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing incidental to the display itself. Where a sign consists of individual letters, numbers, characters or symbols attached to a building wall, window or door, the area of the signs shall be considered that of the smallest rectangle or other regular geometric shape which encompasses all of the letters and symbols. When a double-faced sign is erected in such a manner that both sides are not visible from the same vantage point, then only one face shall be used to compute the sign area. In the case of three- or-more-faced signs, only one side shall be excluded from the calculation of the sign area.
(18)
SIGNABLE AREAA rectangular continuous area on the facade of a building which is not interrupted by architectural detail or opening such as trim, cornice, doors or windows.
(20)
SUPER GRAPHICThe application of paint, acrylic or other material directly onto a permanent wail in such a manner as to create a mural or an aesthetic design which will enhance the urban landscape. A "super graphic" does not contain any items of information.
(21)
TEMPORARY SIGNA sign constructed of paper, cloth, canvas or other lightweight material intended to be displayed for a short period of time, normally less than 30 days or a sign designed for the placement of removable letters and symbols which announce events of short duration.
(23)
VEHICLE SIGNA sign affixed or painted on a vehicle or trailer and parked at a specific location for a period of four or more days so that its primary purpose is as a sign.
(24)
WALL SIGNA sign posted on, painted on, suspended from or otherwise affixed to a wall or vertical surface of a building which does not project more than eight inches from the wall or vertical surface to which it is attached.
SIGN, MONUMENT
A freestanding sign constructed so that the maximum height
from mean grade measured at points 10 feet from the face of the sign
to the highest area of the sign face does not exceed four feet.
[Added 6-9-2015 by Ord.
No. 2753]
SIGNIFICANT TOBACCO RETAILER
Any of the following establishments:
[Added 4-8-2024 by Ord. No. 2997-2024]
(1)
Any retailer or wholesale establishment that devotes 10% or
more of floor area or display area to, or maintains 20% or more of
its total merchandise, whether on display or in stock, for, tobacco
products, vape products, Delta-8 THC (or Delta-8-tetrahydrocannabinol),
kratom, ingestible CBD/cannabidiol products, electronic nicotine delivery
systems (ENDS), and/or ENDS-related products and/or any materials
that can be used in electronic nicotine delivery systems;
(2)
Any retailer or wholesale establishment that holds itself out
as, or otherwise promotes or markets itself as, a tobacco store, a
smoke shop, a vape shop, a cigar shop or a similar establishment selling
tobacco products and/or vape products or predominantly advertises
tobacco products or vape products on its storefront or website;
(3)
A hookah bar, regardless of whether tobacco products or vape
products are sold from the premises.
SINGLE-FAMILY DETACHED DWELLING
A building designed for and occupied exclusively as a residence
for only one family, having no party wall in common with an adjacent
building and having yard areas on all four sides.
SINGLE-FAMILY QUADRUPLEX DWELLING
A building designed for and occupied exclusively as a residence
for only one family, having one side and one rear party wall in common
with an adjacent building and having yard area on the one remaining
side and the front.
[Added 5-9-1977 by Ord. No. 1665]
SINGLE-FAMILY SEMIDETACHED DWELLING
A building designed for and occupied exclusively as a residence
for only one family, having one party wall in common with an adjacent
building and having yard areas on three sides.
SKILLED NURSING CARE, NURSING HOME, CONVALESCENT HOME or SANITORIUM
Any premises in which nursing care and related medical and
other health services are provided for a period exceeding 24 hours
for two or more individuals who are not relatives of the operator
and not in need of hospitalization but who, because of age, illness,
disease, injury, convalescence or physical or mental infirmity, need
such care.
[Added 9-24-1984 by Ord. No. 1906]
SOLAR ENERGY EQUIPMENT
Any device, structure or electronics that:
[Added 3-12-2012 by Ord. No. 2657]
(1)
Converts solar energy into electrical energy;
(4)
Performs a similar function, through the use of solar panels.
SOLAR PANEL
A device containing one or more receptive cells equal to
or greater than two square feet, the purpose of which is to convert
solar energy into electrical or thermal energy.
[Added 3-12-2012 by Ord. No. 2657]
SPECIAL EXCEPTION
Special permission granted only by the Zoning Hearing Board in accordance with the provisions of §
182-1002C in any case where specific provision is made therefor by the terms of this chapter.
SPECIAL PROMOTIONAL DEVICE
A device used as a temporary measure to direct attention to a business or other activity, including but not limited to: a string of lights, a search light, hot air balloon or other device, but not including a sign, which due to the nature of the device cannot be measured to determine compliance with the provisions of §
182-701.
[Added 1-9-1996 by Ord. No. 2237]
STORY
That portion of a building, other than the basement, except
as indicated in the definition of "basement" within this section,
included between the surface of any floor and the surface of the floor
next above it or, if there is no floor above it, the portion included
between the floor and the ceiling next above it.
STREET
A right-of-way or portion thereof publicly or privately owned,
serving as a means of vehicular and pedestrian travel, furnishing
access to abutting properties and space for public utilities and improved
to the satisfaction of the Township. The term "street" shall include
an existing state, county or public street, road, highway or way or
any street shown on an approved final subdivision plan or on the Official
Map of Haverford Township.
STREET FRONTAGE
The width or measurement of a lot, within the lot area, at
the street line. Unless otherwise stated, no more than one street
frontage shall be required for each lot.
[Amended 10-14-1975 by Ord. No. 1616]
STREET LINE
The line dividing a lot from a public street, the street
right-of-way or front lot line.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls, except for
a minor alteration as defined in this section.
STRUCTURE
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground.
STUDENT HOME
A living arrangement for a number of students unrelated by
blood, marriage or legal adoption attending or planning to attend
either undergraduate or graduate programs at colleges or universities
or who are on a semester or summer break from studies at colleges
or universities or any combination of such persons. The residents
of a "student home" share living expenses and may live and cook as
a single housekeeping unit but may also only share access to cooking
facilities and not live and cook as a single housekeeping unit. "Student
homes" shall not include fraternities or sororities which are nationally
recognized and/or chartered and which preexisted passage of this chapter.
Furthermore, this chapter does not apply to property owned and operated
by an accredited educational institution.
[Added 12-11-1989 by Ord. No. 2064]
SWIM CLUB
A private club maintaining and operating a swimming pool
and apparatus and equipment pertaining to such pool, with specified
limitations upon the number of members and for the exclusive use of
members and their guests.
SWIMMING POOL, PRIVATE
A swimming pool and the apparatus and equipment pertaining
to such pool maintained by an individual for the sole use of his household
and guests without charge for admission and not for the purpose of
profit or in connection with any business operated for profit and
located on a lot as an accessory use to a residence.
TELECOMMUNICATIONS
The transmission, between or among points specified by the
user, of information of the user's choosing, without change in the
form or content of the information sent and received.
[Added 6-9-1997 by Ord. No. 2271]
TELECOMMUNICATIONS EQUIPMENT
Equipment, other than customer premises equipment used exclusively
by said customer, used by a carrier to provide telecommunications
services.
[Added 6-9-1997 by Ord. No. 2271]
TELECOMMUNICATIONS SERVICE
The offering of telecommunications for a fee directly to
the public, or to such classes of users as to be effectively available
directly to the public regardless of the facilities used.
[Added 6-9-1997 by Ord. No. 2271]
TELEPHONE CENTRAL OFFICE
A building and its equipment erected and used for purposes
of facilitating transmission and exchange of telephone or radio-telephone
messages between subscribers and other businesses of the telephone
company.
[Added 1-9-1996 by Ord. No. 2237]
TOBACCO PRODUCTS
Any substance containing tobacco leaf or accessory items
used with or for tobacco consumption, including, but not limited to,
cigarettes, cigars, pipe tobacco, shisha, snuff, chewing tobacco,
dipping tobacco, other noncombustible tobacco products, matches, lighters,
grinders, hookahs, pipes, cigarette rolling machines or papers, ashtrays,
pipe tools, pipe supplies and pipe accessories.
[Added 4-8-2024 by Ord. No. 2997-2024]
TOWNHOUSE STRUCTURE OR DEVELOPMENT
A structure or a group or complex of structures on a lot,
containing not less than three nor more than eight one-family dwelling
units in any one structure extending from basement to roof and attached
in a series by approved masonry party or partition walls or a wall
in the case of end units, which townhouse structure or development
has common open spaces and is designed in accordance with the special
requirements of this chapter.
TRIPLEX
A multiple-family dwelling, as defined herein, designed for
occupancy as a residence for three families and having no party wall
in common with an adjacent building and yard areas on all four sides.
[Added 12-8-2003 by Ord. No. 2400]
TWO-FAMILY DETACHED DWELLING
A building designed for and occupied exclusively as a residence
for two families, with one family living wholly or partly over the
other one and having no party wall in common with an adjacent building
and yard areas on all four sides.
UNIVERSITY or COLLEGE
An institution for advanced education duly registered for
this purpose with the Commonwealth of Pennsylvania.
USE
Any purpose for which a building or other structure or a
lot or tract of land may be designed, arranged, intended, maintained
or occupied or any activity, occupation, business or operation carried
on in a building or other structure on a lot or tract of land.
USED CAR LOT
An area used for the storage and display of used automobiles
advertised for sale.
VAPE PRODUCTS
Products containing nicotine and/or nicotine flavoring that
are inhaled from a device designed for such purpose and/or products
used to assist with the inhalation of nicotine, including, but not
limited to, any device designed or used to transform an e-liquid (that
may contain nicotine) into an aerosol that the user inhales, e-liquids,
e-cigarettes, vape or e-cigarette cartridges or refills, vaporizers,
vape pens, vapor products, hookah pens, electronic cigarettes, e-cigs,
e-pipes, electronic nicotine delivery systems (ENDS), and/or ENDS-related
products and/or any materials that can be used in ENDS. Vape products
shall also be deemed a noncombustible tobacco product.
[Added 4-8-2024 by Ord. No. 2997-2024]
VARIANCE
Special permission granted only by the Zoning Hearing Board to modify, waive or deviate from the exact provision of this chapter as applied to a specific property in accordance with the provisions of §
182-1002B of this chapter.
VEHICLE REFUELING FACILITY
A lot or area of land, together with any structure(s) thereon,
used for the retail sale of motor vehicle fuel. The building area
of any enclosure associated with the vehicle fueling facility shall
be limited to a floor area of 150 square feet. Fuel sales provided
by a vehicle fueling facility shall not be offered in conjunction
with the sale/rental of motor vehicles or parts, or maintenance, painting,
repels, servicing, and/or washing of motor vehicles.
[Added 9-13-2010 by Ord. No. 2604]
WOODLANDS
An area of land in which one or more contiguous acres are
mostly occupied or covered by mature trees. The area of the woodlands
shall be measured from the dripline of the outer trees.
[Added 7-24-2006 by Ord. No. 2471]
YARD
The required open, unoccupied space on the same lot with a building or, where provided for in this chapter, a group or complex of buildings on a lot, which open space is unoccupied and unobstructed by any portion of a structure from the ground upward, except for projections permitted under §
182-712.
YARD, FRONT
A yard extending the full width of the lot along the street
line and not less in depth, measured from the street line to the building
line, than the minimum required in each district. In the case of a
corner lot, there shall be a front yard on each street on which the
lot abuts.
YARD, REAR
A yard extending the full width of the lot along the rear
lot line and not less in depth, measured from the rear lot line, than
the minimum required in each district. In the case of a corner lot,
the owner or developer may specify which yard shall be the rear yard
at the time of application for a permit, taking into consideration
the prevailing yard pattern where established.
YARD, SIDE
A yard extending along the side lot line from the front yard
to the rear yard and not less in width, measured from the side lot
line, than the minimum required in each district. In the case of a
corner lot, the owner or developer may specify which yard shall be
the side yard at the time of application for a permit, taking into
consideration the prevailing yard pattern where established.