The present tense includes the future, the singular number includes
the plural, and the plural the singular. The word "building" includes
the word "structure" and shall be construed as if followed by the
words "or part thereof." The word "occupy" includes the words "designed
or intended to be occupied." The word "use" includes the words "arranged,
designed or intended to be used." The word "shall" is always mandatory.
"May" is always discretionary.
A.
ACCESSORY BUILDING
ACCESSORY DWELLING UNIT
ACCESSORY USE
APARTMENT
APARTMENT HOUSE BUILDING
APPLICATION
BASE FLOOD
BASE FLOOD DISCHARGE
BASE FLOOD ELEVATION (BFE)
BASEMENT
BOARDINGHOUSE or ROOMING HOUSE
BUILDING
(1)
(2)
BUILDING AREA
BUILDING ENVELOPE
BUILDING HEIGHT
CARTWAY
COMMERCIAL VEHICLE
COMPLETELY DRY SPACE
CONDITIONAL USE
CONSTRUCTION
CONTIGUOUS BUILDABLE LOT AREA
(1)
(2)
(3)
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
DAY-CARE CENTER
DAY CARE, HOME-BASED
DEVELOPMENT
DOMESTIC AND OTHER ANIMALS
DWELLING
(1)
(2)
(3)
EFFECTIVE DATE
ESSENTIALLY DRY SPACE
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
EXISTING STRUCTURE or EXISTING CONSTRUCTION
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FAMILY
FLOOD
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOODPLAIN
FLOODPROOFING
FLOODWAY
FLOODWAY FRINGE
FREEBOARD
GARAGE
(1)
(2)
(3)
GARAGE SPACE
GRADE
GROSS FLOOR AREA
HABITABLE ROOM
HANDICAPPED PARKING SPACES
HELIPORT
(1)
(2)
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE or HISTORIC BUILDING
(1)
(2)
(3)
(4)
HOME-BASED BUSINESS
HOUSING FOR THE ELDERLY
IDENTIFIED FLOODPLAIN AREA
LOT
LOT AREA
(1)
(a)
(b)
(c)
(d)
(2)
LOT, CORNER
LOT FRONTAGE
LOWEST FLOOR
MAJOR HIGHWAY
MANUFACTURED HOME (also referred to as MOBILE HOME)
MANUFACTURED HOME LOT
MANUFACTURED HOME PARK OR SUBDIVISION
MINOR REPAIR
MOTOR VEHICLES SALES AGENCY
NET FLOOR SPACE
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK OR SUBDIVISION
NO-IMPACT HOME-BASED BUSINESS
ONE-HUNDRED-YEAR FLOOD
PARKING LOT
PARKING SPACE
PERSON
PERSONAL CARE LIVING UNIT
POST-FIRM STRUCTURE
PRE-FIRM STRUCTURE
PROFESSION
PROFESSIONAL BUSINESS OFFICE
PUBLIC PARKING SPACE
RECREATIONAL VEHICLE (also referred to as a TRAILER HOUSE)
(1)
(2)
(3)
(4)
RECREATIONAL VEHICLE PARK (also referred to as a TRAILER HOUSE
PARK)
REDEVELOPMENT AREA
REGULATORY FLOOD ELEVATION
REPETITIVE LOSS
RESIDENTIAL LIVING UNIT
RIGHT-OF-WAY LINE
SECONDARY ROAD
SERVICE OFFICE BUILDING
SETBACK LINES
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(a)
(b)
(c)
SINGLE AND SEPARATE OWNERSHIP
SKILLED NURSING FACILITY
SPECIAL EXCEPTION
SPECIAL FLOOD HAZARD AREA (SFHA)
SPECIAL FLOODPLAIN AREA
START OF CONSTRUCTION
STORY
STREET LINE
STREET RIGHT-OF-WAY
STRUCTURE
SUBDIVISION
SUBSTANTIAL ADDITIONS TO MANUFACTURED HOME PARK
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
TOWNHOUSE or ROW HOUSE
TRACT
UNIFORM CONSTRUCTION CODE (UCC)
VIOLATION
YARDS
(1)
(2)
(3)
ZONING ORDINANCE
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings indicated
in this article:
A structure subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
A building or use which satisfies the definition of "accessory building"
or "accessory use" may not be a principal use on a lot. Where an owner
or applicant owns or controls adjoining parcels and wishes to place
an accessory building on the separate parcel, this may only be done
by consolidating the said parcels so that the accessory use or building
is in fact accessory to the principal use on the consolidated lot
and not a principal use on a separate tax folio.
A single family dwelling unit added to or created within a commercial use as permitted by § 172-70O, that is a separate discrete area from the commercial use and with provision for independent cooking, living, bathroom facilities and sleeping.
[Added 2-12-2024 by Ord.
No. 2024-03]
A use subordinate to the main use of land or of a building
on a lot and customarily incidental thereto. A building or use which
satisfies the definition of "accessory building" or "accessory use"
may not be a principal use on a lot. Where an owner or applicant owns
or controls adjoining parcels and wishes to place an accessory building
on the separate parcel, this may only be done by consolidating the
said parcels so that the accessory use or building is in fact accessory
to the principal use on the consolidated lot and not a principal use
on a separate tax folio.
A room or group of rooms in an apartment house designated
for and occupied exclusively as a residence for only one family.
A building designated for and occupied exclusively as a residence
for three or more families living independently of one another and
which building is a single building unit for purpose of operation,
management and maintenance, and/or a group of one or more townhouses
or row houses.
[Amended 10-11-1976 by Ord. No. 1976-4]
The required form to request relief under this chapter. An
application is docketed when received, and the fee is paid and noted
on the face of the form.
The flood which has been selected to serve as the basis upon which the floodplain management provisions of this Chapter 172 have been prepared. For purposes of this Chapter 172, a flood which has a one-percent chance of being equaled or exceeded in any given year, which is a flood referred to as the one-hundred-year flood.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The volume of water resulting from a base flood as it passes
a given location within a given time, usually expressed in cubic feet
per second (cfs).
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The water surface elevation resulting from a base flood (i.e.,
the one-hundred-year-flood elevation). Within an approximated floodplain
as delineated in the Flood Insurance Study (FIS), or other areas subject
to flooding outside of the Flood Insurance Study, the base flood elevation
shall be established as a point on the boundary of the Floodplain
Management District closest to a subject property. When available,
information from other federal, state and other acceptable sources
shall be used to determine the one-hundred-year-flood elevation, as
well as a floodway area, if possible. The elevation shown on the Flood
Insurance Rate Map (FIRM) that indicates the water surface elevation
resulting from a flood that has a one-percent or greater chance of
being equaled or exceeded in any given year.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Any area of the building having its floor below ground level
on all sides.
[Amended 9-2-2015 by Ord.
No. 2015-03]
A house in which one or more people are sheltered or fed
for profit and where the person or persons occupying the premises
are not members of the same family.
A combination of materials to form a permanent structure
having walls and a roof intended for supporting or sheltering any
use or occupancy. All manufactured homes and trailers to be used for
human habitation are buildings.
[Amended 10-15-2013 by Ord. No. 2013-08; 9-2-2015 by Ord. No. 2015-03]
BUILDING (DETACHED)A building which has no party wall.
BUILDING (SEMIDETACHED)A building which has only one party wall.
The net lot area a building may be built upon after subtracting
the building area driveway. Portions of structures that extend from
the building need not be located within the building area. These include
cornices, eaves, gutters, steps or ramps, chimneys, balconies, unroofed
terraces (patios), and unroofed porches. However, decks sufficient
for purposes of seating and terraces or patios large enough for that
same purpose must be within the building area if they exceed 16 square
feet.
Any area formed by lines connecting all setback lines on
a lot, but excluding floodplains, rights-of-way and other areas where
building is prohibited.
The vertical measurement of a building from the mean or average
level of the ground abutting the building to the highest point of
the main roof, provided that chimneys, spires, towers, elevator penthouses,
tanks and similar projections of the building shall not be included
in calculating the height.
The paved portion of a street.
Any vehicle which exceeds a gross vehicle weight of 9,200
pounds or is greater than 84 inches in height, whether or not engaged
in a commercial enterprise, trade, profession or industry, and which
may or may not bear commercial aspects, such as signs or attached
ladder or tool racks, shall be considered a commercial vehicle in
this chapter.
[Added 11-25-1996 by Ord.
No. 1996-2]
A space which will remain totally dry during flooding; the
structure designed and constructed to prevent the intrusion of water
and water vapor.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A use which is permitted in a particular zoning district
only upon demonstration that such use in a specified location will
comply with all the conditions and standards for the location or operation
of such use as specified by this condition and authorized by the Board
of Supervisors, which compliance is demonstrated by drawings and related
documents.
[Amended 1-10-1983 by Ord. No. 1983-1; 11-14-1994 by Ord. No. 1994-4]
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes and construction as otherwise
defined under the Pennsylvania Construction Code Act.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The area of a lot on which the principal permitted building
is located, comprised of those adjoining horizontal areas exclusive
of the following environmentally sensitive areas:
[Added 1-7-1991 by Ord.
No. 1991-1]
The one-hundred-year-floodplain areas, as defined in Chapter
91, Flood Damage Prevention.[1]
Wetland areas (including buffers) within the subject matter
jurisdiction of the Commonwealth of Pennsylvania Department of Environmental
Protection and/or the United States Army Corps of Engineers.
Areas of very steep slopes [25% or greater], as defined in Chapter 134, Slope Conservation.
A development that provides a continuum of accommodations
and care for senior persons, including a combination of residential
living units, personal care living units, a skilled nursing facility
and accessory uses.
[Added 8-12-2013 by Ord.
No. 2013-04]
A facility providing care, supervision and organized educational
and recreational activities for more than six children, 12 years of
age or younger, unrelated to the operator. This facility shall be
located in a building with appropriate area, designed and intended
for day care in compliance with the approval and/or licensure requirements
as specified by the Commonwealth of Pennsylvania, Department of Public
Welfare and the Department of Education.
A day-care program, operating in a residential single-family
dwelling, for six children or less, 12 years of age or younger, including
the children of the operator.
Any man-made change to improved or unimproved real estate,
including but not limited to construction, alteration, or repair of
buildings or other structures; the placement of manufactured homes,
streets, paving, and utilities; mining, dredging, filling, grading,
excavation or drilling operations; the storage of materials and equipment
on the land; the subdivision of land; and development as otherwise
defined by the Pennsylvania Municipalities Planning Code.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Cats, dogs, birds and other domesticated animals may be kept
in any residential district, except that all such animals must be
kept on the premises in a fenced space unless on a leash. Livestock
and poultry may be kept so long as suitable shelter is provided in
a fenced space and so long as they are kept no less than 50 feet from
any street line or property line. Horses may be kept in a ratio of
one horse to every two acres so long as an adequate stable is provided
and the space wherein the horse(s) are kept is fenced and no closer
than 50 feet to any street line or property line.
A building suitable for human occupancy under the Codified
Ordinances of Newtown Township. No dwelling may be eligible for relief
under this chapter unless it has access to water and sewage disposal
at the time of the application for zoning relief.
SINGLE-FAMILY DWELLINGA building on a lot designed and occupied exclusively as a residence for one family. (See also the definition for "family.")
TWO-FAMILY DWELLINGA building on a lot designed and occupied exclusively as a residence for two families, with one family living wholly or partly over the other.
MULTIFAMILY DWELLINGA building on a lot designed, altered or used exclusively as a residence for three or more families.
The effective date of this chapter is February 4, 1938, except
that, as to amendments with respect to minimum lot area, minimum habitable
floor area, off-street parking, minimum lot width and similar requirements,
the effective date shall be the date when the particular amendment
became or becomes effective.
A space which will remain dry during flooding, except for
the intrusion of some water vapor or minor seepage; the structure
is substantially impermeable to the intrusion of water.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which manufactured homes are
to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) was completed before September 17, 1980.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A structure for which the "start of construction" commenced
before September 17, 1980.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The preparation of additional sites by the construction of
facilities for servicing the lots on which manufactured homes are
to be affixed, including the installation of utilities, the construction
of streets, and either final site grading or the pouring of concrete
pads.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Any number of persons living and cooking together as a single
housekeeping unit, but shall not include more than three unrelated
persons living and cooking together as a single cooperative housekeeping
unit, and said persons may not be purely transient.
A temporary, partial or complete inundation of normally dry
land areas from the overflow of a watercourse.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The official report provided by the Federal Emergency Management
Agency that includes flood profiles, the Flood Insurance Rate Map,
the Flood Boundary and Floodway Map, and the water surface elevation
of the base flood.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby body of water including
a stream, river or watercourse; and/or any area subject to inundation
by the base flood through the unusual and rapid accumulation of surface
waters from any source.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
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 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The channel of a river or other watercourse and the adjacent
land areas that must be preserved to discharge the base flood without
cumulatively increasing the water surface elevation more than one
foot.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
That part of the floodplain adjacent to and extending from
the floodway and subject to inundation by the one-hundred-year flood.
Also referred to by the FIS and FIRM as the AE Area with an identified
or delineated floodplain.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
NONRESIDENTIAL GARAGEAn accessory building used for the storage of motor vehicles, not trucks or commercial vehicles, only two of which may be owned and used by persons other than the owner or tenant of the lot on which the private garage is erected.
RESIDENTIAL GARAGEA building or group of buildings, other than a private garage, one story in height, used for the storage of automobiles and not used for making repairs thereto. A residential garage may be integral to a residential dwelling or an accessory building to a residential dwelling. Where a residential garage is an accessory building, it may be only one story in height, unless a second story is added in accordance with the provisions of this chapter. Where a residential garage is attached to a residential dwelling, a second story which will be integral to the residential dwelling may be added and be part of the ordinary residential use of the property.
PUBLIC GARAGEA building, other than a residential garage or nonresidential garage, one or more stories in height, used for the storage or repair of automobiles.
A parking space within a garage.
The actual level of the ground adjacent to the exterior walls
of a building.
The sum of the areas of each floor of a building suited for
occupancy as measured within the perimeter of the outside surface
of the walls of each floor, including basements, without deduction
for hallways, stairwells, elevators, closets, lavatories, utility
rooms, utility raceways and thickness of walls, but with deductions
for indoor parking and those open spaces of partial floors which are
airspace above a lower floor when those areas exceed 200 square feet
per area. Open areas of partial floors shall include, but not be limited
to, atriums and enclosed courtyards within the outside surface of
the walls of a building.
[Added 2-27-1989 by Ord.
No. 1989-2]
A room or enclosed floor space arranged for living, eating
or sleeping purposes, not including bathrooms, water closet compartments,
laundries, pantries, foyers, hallways and other accessory floor spaces.
An area, either at ground level or elevated on a structure,
licensed or approved for the landing and takeoff of helicopters, and
any appurtenant areas which are designed to be used for helicopter
support facilities, such as maintenance, refueling and parking.
[Amended 5-14-1984 by Ord. No. 1984-3]
PERSONAL USE HELIPORTAny heliport that is used exclusively by the owner and/or operator. Personal use heliports are owned by individuals, companies or corporations.
PUBLIC USE HELIPORTSAny heliport open to the general public and not requiring prior permission of the owner and/or operator to land.
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A building or other structure that is:
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Listed individually in the National Register of Historic Places
(a listing maintained by the United States Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
or
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; or
Individually listed on a Pennsylvania inventory of historic
resources; or
Individually listed on a local inventory of historic resources.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to a single-family
residential dwelling and which involves some customer, client, or
patient traffic (whether vehicular or pedestrian), pickup, meeting
location, delivery or removal functions to or from the premises in
excess of those normally associated with a residential use.
[Added 7-8-2024 by Ord.
No. 2024-05]
A residence occupied generally by older or retired persons,
which contains housekeeping, semihousekeeping or nonhousekeeping dwelling
units especially designed for elderly persons or families.
[Amended 1-28-1980 by Ord. No. 1980-2]
The floodplain area specifically identified as being inundated
by the one-hundred-year flood.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A parcel of land which is occupied or is to be occupied by
one principal use and/or building (except where multiple buildings/uses
are authorized), together with any accessory uses and/or buildings
authorized and customarily incidental to such principal use and/or
building and such open spaces as are arranged or desired to be used
in connection with such use and/or principal building, such open spaces
to be not less than the minimum required by this chapter. A lot is
a single tax parcel, notwithstanding that a deed may contain reference
to several lots. See also "single and separate ownership."
The area of land included within the title lines of a lot.
[Added 1-7-1991 by Ord.
No. 1991-1; amended 9-11-2000 by Ord. No. 2000-4]
The following shall not be calculated in determining the minimum
lot area:
Seventy-five percent of any land lying within the Flood Conservation
District or located in wetlands.
Area within the title lines set aside as right-of-way for a
street, public or private utilities and all areas of easements, including,
but not limited to, storm drainage easements, sewage easements and
easements of access.
Fifty percent of the land containing very steep slopes and 25%
of the land containing steep slopes.
In case of an interior (flag) lot, any portion connecting such
interior (flag) lot to a road or street shall not be included in the
calculation of minimum lot area.
A lot at the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°. A corner lot shall be considered as having two front yards for the purpose of setback requirements of the zoning district wherein the corner lot is located. A corner lot shall have one rear yard. See "lot frontage" below for determination of the front of a corner lot. See also §§ 172-109 and 172-112 for further guidance.
The distance along the street line of a lot. The frontage
of a corner lot is the shorter street line distance.
The lowest floor of the lowest fully enclosed area, including
the basement of a building. An unfinished, flood-resistant, partially
enclosed area, used solely for 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.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
West Chester Pike and Newtown Street Road, but only that
portion also known as "State Route 252."
A structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for occupancy as
a dwelling, office, school, or other place of assembly with or without
a permanent foundation when attached to required utilities. The term
includes park trailers, travel trailers, recreational and other similar
vehicles which are placed on a site for more than 180 consecutive
days.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A parcel of land improved with the necessary utility connections
and other appurtenances necessary for the placement thereon of a single
manufactured home.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A parcel of land under single ownership which has been planned
and improved for the placement of manufactured homes for nontransient
use, consisting of two or more manufactured home lots. "Manufactured
home parks" shall include manufactured home developments.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The replacement of existing work with equivalent materials
for the purpose of 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 exit-way requirements. "Minor repairs"
shall not include addition to, alteration of, 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 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
An area of land, together with structures thereon, used primarily
for the sales, service and repair of new motor vehicles under a manufacturer's
franchise agreement, including the sales of goods and products normally
provided in connection with such sales, repairs and service, together
with a permitted component for used motor vehicles sales, repairs
and service.
[Added 9-10-2018 by Ord.
No. 2018-04]
The floor area of the inside perimeter of the outside walls
of the building or part of the building under consideration, with
deductions for hallways, stairs, lavatories and structural features.
For the purpose of determining the minimum net floor space for a business
entity or building in an SU-1 Zone District, only areas totally under
the control of the business entity shall be included as net floor
space.
[Added 6-26-1989 by Ord.
No. 1989-6]
Structures for which the start of construction commenced
on or after the effective date of the floodplain management article
and includes any subsequent improvements to such structures. Any construction
started after September 17, 1980, and before the effective date of
the floodplain management article is subject to the ordinance in effect
at the time the permit was issued, provided the start of construction
was within 180 days of permit issuance.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be placed (including at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) was completed on or after September 17,
1980.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A business activity administered or conducted as an accessory
use which is clearly secondary to the use as a residential dwelling
and which involves no employees, no customer, client or patient traffic,
whether vehicular or pedestrian, no storage, no noise or vibration
of any kind, no modifications to the interior of the dwelling, and
no delivery or removal functions to or from the premises in excess
of those normally associated with residential use.
[Amended 7-8-2024 by Ord.
No. 2024-05]
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, base flood.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
An open area on a lot used for the parking of motor vehicles.
A space on a lot used for the storing or temporary parking
of motor vehicles, the space for which shall measure at least 10 feet
by 20 feet, and to which there is an access road of not less than
nine feet wide from a street or alley. Where parking spaces within
a building are used for vehicle storage only, such spaces may be less
than 10 feet by 20 feet, but only where the spaces are not accessible
to or used by the general public, but, in any event, no space may
be less than nine feet by 18 feet. All parking spaces are to be constructed
to Township standards, are to be paved, and, in commercial applications,
are to be striped. Where this chapter requires all-weather parking
spaces, these are intended to be under roof. See also other provisions
of this chapter which pertain specifically to parking.
[Amended 10-9-1978 by Ord. No. 1978-9]
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 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A dwelling unit within a personal care home licensed by the
Commonwealth of Pennsylvania, in which food, shelter and personal
assistance or supervision are provided for a period exceeding 24 hours
for four or more adults who are not relatives of the operator, who
do not require the services in or of a licensed long-term care facility,
but who do require assistance or supervision in such matters as dressing,
bathing, diet, financial management, evacuation of a residence in
the event of any emergency, or medication prescribed for self administration.
[Added 8-12-2013 by Ord.
No. 2013-04]
A structure for which construction or substantial improvement
occurred after September 17, 1980 (the initial FIRM for Newtown Township),
and as such would be required to be compliant with the regulations
of the National Flood Insurance Program (NFIP).
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A structure for which construction or substantial improvement
occurred on or before September 17, 1980 (the initial FIRM for Newtown
Township), and as such would not be required to be compliant with
the regulations of the NFIP.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A vocation, including lawyers, doctors, dentists, architects
and similar callings, which the Zoning Hearing Board deems to be of
the same general nature as the above.
[Amended 9-8-1980 by Ord.
No. 1980-16]
A professional business office is a place of business where
professional or clerical duties are performed.
[Added 7-8-2024 by Ord.
No. 2024-05]
A parking space made available by the owner(s) for use by
all persons without the expressed permission from the owner(s).
[Amended 10-9-1978 by Ord. No. 1978-9]
A vehicle which is:
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Built on a single chassis; and
Not more than 400 square feet, measured at the largest horizontal
projections; and
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed for use as a permanent dwelling but as temporary
living quarters for recreation, camping, travel, or seasonal use.
Any premises used as a parking space for more than one recreational
vehicle.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A census tract or group of census tracts eligible for a revitalization
program and identified in an adopted revitalization plan.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The elevation to which development is regulated for purposes
of elevation and/or dry floodproofing. Within the Township, it is
equal to the base flood elevation plus a freeboard of two feet.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Flood-related damages sustained by a structure on at least
two separate occasions during a ten-year period for which the cost
of repairs at the time of each such flood event, on average, cumulatively
equals or exceeds 50% of the market value of the structure before
the damages occurred.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A dwelling unit in a building of multiple dwelling units,
or standing alone, used exclusively for occupancy by one or more senior
persons in a continuing care retirement community.
[Added 8-12-2013 by Ord.
No. 2013-04]
See "street line" and "street right-of-way."
Any road in the Township having a paved cartway not less
than 30 feet wide and further having access to a major highway via
secondary roads, as defined herein.
A building containing sales or business offices or the offices
of a bank, doctor, dentist, physician, mortician, surgeon, optician,
attorney, real estate broker, insurance broker, accountant, tax consultant,
Magisterial District Judge, teacher, architect, engineer, draftsman,
artist and no other. No office building shall include a store or personal
service shop for retail trade or with a service to the general public.
Personal service shops include barbershops, beauty parlors, dry cleaners,
tailors, decorators and similar uses. No sales of merchandise or goods
shall be permitted in the service office building. Eating facilities
and personal service shops such as barbershops are permitted as accessory
uses when designed or located to serve the occupants of an office
building(s) or an apartment building(s). Such facilities shall not
have storefronts or store windows and shall not be located and designed
to attract the trade of persons other than the occupants or clients
of the office building(s) or apartment building(s) if located within
such buildings. All signs related to such eating or service facilities
shall satisfy the criteria for the district within which they are
located. Where a separate building is located on the same premises
or an adjoining property to office building(s) or apartment building(s),
personal service shops are permitted by special exception upon demonstration
that the personal service shop will serve the needs of these residents
and will not be detrimental to the neighborhood within which it is
located.
See also the definition for "yards." The setback is that
part of the front side or rear yard measured from the right-of-way
line within which construction of any improvement is prohibited unless
specifically permitted by provisions of this chapter. This definition
incorporates by reference the specific definitions of "yards" set
forth in this section.
Any surface, fabric, device or display which is viewed from
the exterior of a building and intended to advertise the business
within and/or its goods and services and which bears lettered, pictorial
or sculptured matter, including forms shaped to resemble any human,
animal or product, designed to convey information visually and which
is exposed to public view. For the purposes of this chapter, the term
"sign" shall include all structural members. A sign shall be construed
to be a display surface or device containing organized and related
elements composed to form a single unit. In cases where matter is
displayed in a random or unconnected manner without organized relationship
of the components, each such component shall be considered to be a
single sign. Ordinary window displays of goods and services which
are not signs as defined herein are excluded from the measurements
contained in this chapter. Included within the definition of "sign"
are the following types of signs. Notwithstanding anything set forth
above, ordinary window displays of goods and services may not constitute
a sign as determined by the Zoning Officer.
[Amended 4-9-1984 by Ord.
No. 1984-1]
BANNERAny sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentations applied to paper, plastic or fabric of any kind. Flags of any government shall not be considered banners for the purpose of this chapter except when displayed in connection with commercial promotions.
BILLBOARD SIGNA non-point-of-sale sign which advertises a business, organization, event, person, place or thing, unless such sign is more specifically defined herein.
CHANGEABLE COPY SIGNA sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face or the surface of the sign.
CONSTRUCTION SIGNAny sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.
DIRECT PUBLIC ENTRANCEThe direct access to a premises from grade level exterior to a building without transversing corridors, halls, stairwells, elevators or the like.
DIRECTORY SIGNA sign on which the names or locations of occupants or the use of a building is given. This shall include office buildings and church directories.
FREESTANDING SIGNAny portable sign or sign structure not securely attached to the ground or to any other structure.
GROUND AND/OR POLE SIGNAny sign which is supported by structures or supports in or upon the ground and independent of support from any building.
ILLUMINATED SIGNAny sign illuminated in any manner by an artificial light source.
INTEGRAL SIGNMemorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials mounted on the face of a building.
MARQUEE SIGNAny sign attached to and made a part of a marquee. A "marquee" is defined as a permanent roof-like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall and generally designed and constructed to provide protection against the weather.
NONCONFORMING SIGNAny sign which does not conform to the regulations of this chapter.
OFFICIAL SIGNAny sign installed or maintained by the Commonwealth of Pennsylvania, County of Delaware, or the Township of Newtown or mandated by statutes or ordinance.
POINT-OF-SALE SIGNAny sign which carries only the name of the firm, major enterprises or products offered for sale on the premises where the sign is located, or a combination of these things.
PROJECTING SIGNAny sign, other than a wall sign, affixed to any building or wall whose leading edge extends beyond such building or wall.
REAL ESTATE SIGNAny sign which is used to offer for sale, lease or rent the property upon which the sign is placed.
ROOF SIGNAny sign erected or constructed wholly upon and over the roof of any building and supported on the roof structure.
SNIPE SIGNAny sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public property.
TRAILER SIGNAny sign mounted on a vehicle and used for advertising or promotional purposes, such as a trailer normally licensed by the Commonwealth of Pennsylvania.
WALL SIGNAny sign painted on or attached to and erected parallel to the face of or erected and confined within the limits of the outside wall of any building and supported by such wall or building and which displays only one advertising surface.
SIGN AREAThat area enclosed by continuous straight lines connecting the extreme points of edges of a sign. The area shall be determined using the largest sign area or silhouette visible at any one time from any one point. This area does not include the main supporting sign structure, but all other ornamental attachments, inner connecting links, etc., which are not a part of the main supports of the sign are to be included in determining sign area. In addition, sign area shall be determined in accordance with the following:
Freestanding or attached. The area includes all lettering, wording
and accompanying design and symbols, together with the background,
whether open or enclosed, on which they are displayed. This includes
the spaces between the sections of a paneled sign. The area does not
include minimal supporting framework or bracing, but it does include
any decorative structure.
Painted upon or applied to a building. The area includes all
lettering, wording and accompanying designs or symbols, together with
any background of a different color than the natural or primary color
of the building.
Individual letters or figures. When attached or painted on a
surface, a building, canopy, awning, wall or window, the area is that
of the smallest rectangle or other geometric shape that encompasses
all of the letters and symbols.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot. A lot is a tax parcel as distinguished
from the common use of the term "lot" in many deeds. Where two or
more tax parcels are used as one lot, these tax parcels cease to exist
as single and separate lots. The single usage is determined based
on the character of usage, and such factors as placement of structures
in relation to property lines are to be considered in addition to
the placement of supporting accessory building and amenities. For
example, a house that straddles a property line loses the separation
of the parcels. Similarly, a garage or pool placed on a parcel separate
from but adjoining another parcel where the principal building is
located nullifies the separateness of the parcels.
A facility which provides for personal health care in a continuing
care retirement community and is licensed to provide nursing care
by the Commonwealth of Pennsylvania.
[Added 8-12-2013 by Ord.
No. 2013-04]
An authorization granted by the Zoning Hearing Board in instances
where provision therefor is specifically made by the terms of this
chapter.
An area in the floodplain subject to a one-percent or greater
chance of flooding in any given year. It is shown on the FIRM as Zone
A or AE.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
An area where one-hundred-year flood elevations have been
identified, but no floodway has been delineated. Also referred to
as AE Area without floodway by the FIS and FIRM.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Unless otherwise specified by the Uniform Construction Code,
and including substantial improvement and other proposed new development,
the date a building permit was issued, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement,
or other improvement was within 180 days from the date of the permit
and shall be completed within 12 months after the date of issuance
of the permit unless a time extension is granted, in writing, by the
Zoning Officer. The actual start means either the first placement
of permanent construction of a structure on a site, such as the pouring
of a slab or footings, the installation of piles, the construction
of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a lot. Permanent construction does not include
land preparation, such as clearing, grading, and filling; nor does
it include the installation of streets and/or walkways; nor does it
include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. For
a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural
part of a building, whether or not that alteration affects the external
dimensions of the building.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
That part of a building comprised between a floor and the
floor or roof next above. See also the definition for "basement."
The dividing line between a lot and a street or a proposed
street on which the lot abuts (right-of-way line).
A street opened or available to the general public, excluding,
however, private drives and private roads with restricted access to
authorized persons/entities, employees or business invitees. See also
the definition of "cartway." Also, notwithstanding any provision of
this definition, public use other than for specific Township needs
does not extend beyond the actual cartway of the street in question.
[Added 9-8-1997 by Ord.
No. 1997-7]
Any man-made object or facility having an ascertainable stationary
location on or in land or water, whether or not affixed to the land.
A walled and roofed building, including a gas or liquid storage tank
that is principally above ground, as well as a manufactured home.
[Amended 10-15-2013 by Ord. No. 2013-08; 9-2-2015 by Ord. No. 2015-03]
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; and as otherwise defined by the Pennsylvania
Municipalities Planning Code.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Any repair, reconstruction, or improvement of an existing
manufactured home park or manufactured home subdivision, where such
repair, reconstruction, or improvement of the streets, utilities,
and pads will equal or exceed 50% of the value of the streets, utilities,
and pads before the repair, reconstruction, or improvement was started.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
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 structure's market value before
the damage occurred.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the structure's
market value before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include 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.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
A single-family dwelling unit, one or more stories in height,
attached to one or more dwellings by one or more party walls.
[Amended 1-28-1980 by Ord. No. 1980-1]
An area of land comprised of a single parcel or multiple
parcels which are either in single ownership or, in the case of multiple
ownership, subject to an agreement of all owners that development
will be governed by and will be completed in accordance with a unified
land development plan. A tract may contain parcels that are separated
by public or private street rights-of-way.
[Added 8-12-2013 by Ord.
No. 2013-06; amended 10-28-2013 by Ord. No. 2013-11]
The Pennsylvania statewide building code first adopted by
the Pennsylvania General Assembly in 1999 under the Pennsylvania Construction
Code Act, as amended, and applicable to construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry, and applicable to residential and commercial
buildings.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
The failure of a structure or other development to be fully
compliant with the Township's floodplain management regulations. A
structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4),
or (e)(5) is presumed to be in violation until such time as that documentation
is provided.
[Added 10-15-2013 by Ord.
No. 2013-08; amended 9-2-2015 by Ord. No. 2015-03]
See also the definition of "setback."
FRONT YARDThe required open space between the street line of any street on which a lot abuts and the nearest point of any structure on the lot, exclusive of cornices, eaves and gutters; chimneys and bay windows projecting not over 18 inches; balconies projecting not over 30 inches; and porches, steps and ramps projecting not over 42 inches. A corner lot shall contain two front yards. Fences, unless otherwise permitted by provisions of this chapter, are not permitted in the front yards of a residential property but may be constructed to the front edge of the building.
SIDE YARDThe required open space extending from the side lot line, other than a street line, to the nearest structure on the lot, exclusive of cornices, eaves and gutters; chimneys and bay windows projecting not over 18 inches; balconies projecting not over 30 inches; porches not exceeding 36 inches; and steps and ramps projecting not over 42 inches. Residential garages or other accessory buildings which are not an integral structural part of a main building must satisfy the requirements of § 172-103.
REAR YARDThe required open space extending from the rear lot line, other than a street line, to the nearest structure on the lot, exclusive of cornices, eaves and gutters; chimneys and bay windows projecting not over 18 inches; balconies projecting not over 30 inches; porches not exceeding 36 inches; and steps and ramps projecting not over 42 inches. Residential garages or other accessory buildings which are not an integral part of a main building must satisfy the requirements of § 172-103. A corner lot shall contain one rear yard.
[Amended 1-23-1989 by Ord. No. 1989-1]
Ordinance No. 1959-2, passed March 30, 1959, as amended, which is codified as Chapter 172 of this Code. See also the effective date of this chapter, which is February 4, 1938.
