A.Â
Unless a contrary intention clearly appears, the following
words and phrases shall have, for the purpose of this chapter, the
meanings given in the following subsections.
B.Â
For the purpose of this chapter, the words and terms
used herein shall be interpreted as follows:
(1)Â
Words used in the present tense include the
future.
(2)Â
The singular includes the plural.
(3)Â
The word "person" includes a corporation, partnership
and association as well as the individual.
(4)Â
The word "lot" includes the word "plot" or "parcel."
(5)Â
The term "shall" is mandatory.
(6)Â
The word "used" or "occupied," as applied to
any land or building, shall be construed to include the words "intended,
arranged or designed to be occupied."
(7)Â
"Commission" and the words "Planning Commission"
always mean the Lansdale Borough Planning Commission.
(8)Â
The word "Board" or the words "Zoning Hearing
Board" always means the Borough Zoning Hearing Board of the Borough
of Lansdale.
(9)Â
The word "Borough" always means the Borough
of Lansdale.
(10)Â
"Similar use" shall mean any use of the same
character.
C.Â
Any word or term not defined herein shall be used
with a meaning of standard usage.
As used in this chapter, the following terms
shall have the meanings indicated:
A nonconforming use shall be presumed "abandoned" when it
has been discontinued for a period of at least one year.
A subordinate, uninhabitable building, including but not
limited to private garages and other similar structures, located on
the same lot as the principal building and clearly incidental and
subordinate to that principal building. Any portion of a principal
building devoted or intended to be devoted to an accessory use is
not an accessory building.
[Amended 10-7-1992 by Ord. No. 1492; 9-6-2000 by Ord. No.
1658; 12-15-2010 by Ord. No. 1801]
A suite attached to
or contained within the principal dwelling unit on a lot that houses
certain family members of the occupant(s) of the principal dwelling
unit, and may contain separate cooking facilities.
[Added 2-21-2018 by Ord.
No. 2018-1907]
A subordinate, uninhabitable structure, including but not
limited to private garages and other similar structures, located on
the same lot as the principal building and clearly incidental and
subordinate to that principal building. Any portion of a principal
building devoted or intended to be devoted to an accessory use is
not an accessory structure. Examples of accessory structure include
a gazebo, detached garage, carport, shed, greenhouse and swimming
pool.[1]
A use located on the same lot with a principal use, and clearly
incidental or subordinate to the principal use.[2]
A right-of-way, municipality or privately owned, that provides
secondary service access for vehicles to the side or rear of abutting
properties.
The low area adjoining and including any watercourse or drainagecourse
or body of water subject to periodic flooding and delineated as "alluvial
soils" or "local alluvium" by the Natural Resources Conservation Service,
United States Department of Agriculture, in the Soil Survey of Montgomery
County, April 1967.
As applied to a building or structure, a change or rearrangement
in the structural parts or an enlargement or diminution, whether by
extending on a side or by increasing in height, or the moving from
one location or position to another.
A change in the use in any district which includes revisions
to the zoning text and/or the Official Zoning Maps. The authority
for any amendment lies solely with the Borough Council.
A building used for the treatment, housing or boarding of
small domestic animals such as dogs, cats, rabbits and birds or fowl
by a veterinarian.
A dwelling unit within an apartment house.
A freestanding residential structure of three or more dwelling
units, with common walls and floors, constructed on one lot, which
may or may not have direct entrance from the outside to each dwelling
unit, and with yard area where open space may be assigned to each
dwelling unit for exclusive use or common use.
A landowner or developer who has, personally or through his
heirs, successors and assigns, filed an application for development.
Every application, whether preliminary or final, required
to be filed and approved prior to the start of construction or development,
including but not limited to an application for a building permit
for the approval of a subdivision plan or a plan of approval of a
development plan.
Those portions of land within the Floodplain Conservation
District subject to inundation by the one-hundred-year flood, where
a detailed study and profile have not been performed but where a one-hundred-year
floodplain boundary has been approximated.
A fence which is primarily designed for purposes of decoration
and ornamentation or the separation of public and private space but
not for purposes of enclosure of space.
[Added 12-15-2010 by Ord. No. 1801]
An establishment, institution, structure, building or group
of buildings that houses the fine and performing arts. This may include
museums, art galleries, and other functions of a historic, educational
or cultural interest. The center may consist of a combination of uses,
such as art galleries, classrooms, assembly halls, performance venues,
and administrative offices. The primary use of the center shall not
consist of the retail sale of goods or services.
[Added 7-3-2002 by Ord. No. 1681]
The one-hundred-year-flood elevation.
[Added 12-18-1996 by Ord. No. 1598]
The lots included in an area on both sides of a street between
consecutive cross streets that includes only homes with a mailing
address for that street.
[Added 12-15-2010 by Ord. No. 1801]
A resident of a boardinghouse or rooming house.
Any dwelling with fewer than 20 sleeping rooms in which more
than three persons, either individually or as families, are housed
or lodged, for hire or otherwise, with or without meals. A rooming
house or a furnished rooming house shall be deemed a "boardinghouse."
A structure under a roof, used for the shelter or enclosure
of persons, animals or property, and including covered porches or
bay windows and chimneys. The word "building" shall include any part
thereof.
The horizontal cross-sectional area of a building on a lot
above the ground level, measured at the greatest outside dimensions.
This definition excludes:
The vertical distance measured from the elevation of the
proposed finished grade at the front of the building to the midpoint
between the highest and lowest point of the roof. Chimneys, spires,
towers, mechanical penthouses, tanks, communications antennas and
similar structures shall not be included in calculating the building
height.
[Amended 4-16-1997 by Ord. No. 1603; 12-15-2010 by Ord. No. 1801]
A line which dictates the placement of a building or structure
in relation to the street right-of-way line on which the building
or structure fronts.
[Added 7-3-2002 by Ord. No. 1681]
Any structure or structures used for worship or religious
instruction, including social and administrative rooms accessory thereto,
but not including any commercial activity.
Areas of open space and/or recreation within a development
designed and intended for the use and enjoyment of tenants or residents
of the development or, unless otherwise specified, for the general
public, not including streets or off-street parking areas.
[Added 7-3-2002 by Ord. No. 1681]
A public or quasi-public institution devoted exclusively
to one or more of a variety of group activities, civic, social, recreational,
educational or cultural, and maintaining the premises and facilities
appropriate to such activity; provided, however, that the aforesaid
premises shall not include living quarters for persons other than
those engaged in the conduct or maintenance of the institution.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, location or relocation of a building or structure.
A building or structure with sleeping rooms (without individual
cooking facilities) where elderly persons who require custodial care
are housed or lodged and furnished with meals and nursing care.
Enclosed space used to store goods not in use and not associated
with any office, retail or other business use on premises in a self-storage
facility or structure.
[Added 7-3-2002 by Ord. No. 1681]
An uncovered, unenclosed structure at ground level or elevated
and used primarily for private recreational purposes, which is attached
to the principal building and located in the side yard, rear yard,
or courtyard of a lot used for residential purposes. A deck is not
part of the occupied area of the principal building, and its area
is not factored into the calculation of building footprint. A deck
is not considered an "accessory structure" unless it is enclosed.
[Added 12-15-2010 by Ord. No. 1801[4]]
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or the storage of equipment or materials.
[Added 12-18-1996 by Ord. No. 1598]
Includes all buildings, lots and service areas within the
certain designated boundaries as indicated on the Zoning Map.
Any use in which the offering of goods or services is done
in such manner or with such facilities that the customer or recipient
is either not required to leave his vehicle or is not required to
enter a building or structure in order to receive the goods or services.
A paved means of passage upon a lot for motor vehicles.
A building containing one or more dwelling units.
Any room or group of rooms located within a residential building
and forming a single, habitable unit with facilities used or intended
to be used for living, sleeping, cooking and eating by one family.
A door which is used for primary or secondary ingress and
egress to a structure and which is not used for loading/unloading
or deliveries.
[Added 7-3-2002 by Ord. No. 1681]
Changes of planes on the face of a building, such as provided
by decks, bays and other projections or recesses.
[Added 7-3-2002 by Ord. No. 1681]
The exterior walls of two structures are considered to be
"facing walls" when a straight line drawn perpendicular to and extending
outward from any point on an exterior wall of one structure intersects
an exterior wall of another structure.
[Added 12-15-2010 by Ord. No. 1801]
Any number of individuals living together on a nontransient
basis as a single housekeeping unit and doing their cooking on the
premises. (This definition shall not apply to the occupants of a group
home, club, fraternity house, lodge or residential club.)
[Amended 10-4-1996 by Ord. No. 1596]
Those areas subject to inundation by the waters of the one-hundred-year flood as delineated by the Flood Insurance Study for the Borough of Lansdale, Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated December 19, 1996, or the most recent revision thereof, and as further described in § 405-2601 of this chapter.
[Amended 12-18-1996 by Ord. No. 1598]
Any combination of structural and nonstructural additions,
changes or adjustments to properties under construction which reduces
or eliminates flood damage to lands, waters and sanitary facilities,
structures and contents of buildings.
That portion of the Floodplain Conservation District required to carry and discharge the waters of the one-hundred-year flood without increasing the water surface elevation at any point more than one foot above existing conditions as demonstrated in the Flood Insurance Study for the Borough of Lansdale, Montgomery County, Pennsylvania, as prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated December 19, 1996, or the most recent revision thereof, and as further described in § 405-2601 of this chapter.
[Amended 12-18-1996 by Ord. No. 1598]
Those portions of land within the Floodplain Conservation District subject to inundation by the one-hundred-year flood, lying beyond the floodway in areas where detailed study data and profiles are available, and as further described in § 405-2601 of this chapter.
The sum of the areas of the several floors of the building
or structure, including areas used for human occupancy or required
for the conduct of the business or use and attics and penthouses,
as measured from the exterior faces of the wall. It does not include:
Unenclosed porches.
Attics not used for human occupancy.
Any floor space in accessory building(s).
Any floor space in the main building intended
or designed for the parking of motor vehicles in order to meet the
parking requirements of this chapter.
Any floor space intended and designed for accessory
heating and ventilating equipment.
The relative comparison of building area to land area that
is determined by dividing total floor area of all buildings on a platted
lot or tract by the total area of the lot or tract.
[Added 7-3-2002 by Ord. No. 1681]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.[5]
The linear dimension of a lot bounding on a public street.
The elevation with the main entrance to a building facing
the front-yard street line.
[Added 12-15-2010 by Ord. No. 1801]
See "yard, front."
An accessory structure or a part of a principal building
used for the storage of personal vehicles owned or used by the owner
or tenant of the premises and members of his immediate family residing
on the premises.[6]
A building or lot used for the storage, service, care and
repair of motor vehicles, but not including a gasoline filling station.
A building, not a private garage, used only for the storage
of motor vehicles, where no repair facilities are maintained and no
repairs except those of a minor nature are made.
A building or lot used for the retail sale of gasoline, oil
and motor vehicle accessories and lubrication and minor repairs.
An establishment that provides a home, including room and
board, to persons who are residents by virtue of receiving supervised
specialized services, limited to health, social and/or rehabilitative
services that are provided by a governmental agency, its licensed
or certified agents or a responsible nonprofit social service corporation.
This category shall not include persons released from or under jurisdiction
of a government bureau of corrections or similar institution. The
number of residents shall not exceed eight persons or the occupancy
capacity of a dwelling as defined by the Pennsylvania Department of
Public Welfare, whichever is less. Supervision shall be provided by
responsible adults (professionals), whose number shall be determined
and certified by the sponsoring agency. One responsible adult shall
be available for the residents on a twenty-four-hour-a-day basis.
The horizontal offset of a vertical building wall.
[Added 7-3-2002 by Ord. No. 1681]
Any structure that is:
[Added 12-18-1996 by Ord. No. 1598]
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The act or process of making a compatible use for a historic
structure[7] which shall have been listed on the National Register
of Historic Places, through repair, alterations and additions, while
preserving those portions or features which convey its historical,
cultural or architectural values. All modifications, additions or
new buildings shall be architecturally compatible with the historic
character of the historic structure consistent with the above standards.
[Added 4-5-2006 by Ord. No. 1741]
An activity for gain customarily carried on in a dwelling
or in a building or structure accessory to a dwelling, clearly incidental
and secondary to the use of the dwelling for residential purposes.
The conducting of a clinic, hospital, barbershop, beauty parlor, tearoom,
tourist home, animal hospital, child day-care facility or any similar
use shall not be deemed to be a "home occupation."
[Amended 5-6-1992 by Ord. No. 1477]
A building containing 20 or more guest rooms or a group of
such buildings specifically designed for the temporary lodging of
transient guests in rooms rented on a daily basis. Such establishments
may provide cooking facilities as well as room service for food and
beverages and shall provide maid service and laundering of linens.
[Amended 10-4-2000 by Ord. No. 1661]
Development consisting of construction on one or more lots
in an area which is mostly developed, or new construction between
two existing structures.
[Added 7-3-2002 by Ord. No. 1681]
An area of land, with or without buildings,
used for the storage (outside of a completely enclosed building) of
used or discarded materials, including but not limited to:
The deposit or storage of two or more motor
vehicles not having valid inspection stickers issued by the Pennsylvania
Department of Transportation or of two or more wrecked or broken vehicles
or the major parts of two or more such vehicles shall be deemed to
make the lot a junkyard.
A parcel of land, used or set aside and available for use
as the site of one or more buildings and any buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street,
not including any land within the right-of-way of a public or private
street upon which said parcel of land abuts, even if the ownership
to such right-of-way is in the owner of the lot. A lot for the purpose
of this chapter may or may not coincide with a lot of record. A lot
may be occupied by one principal building or one other principal structure
and one use, together with any accessory buildings or other structures
or uses customarily incidental to such principal building or structure
and use.
[Amended 12-17-2003 by Ord. No. 1709; 12-15-2010 by Ord. No. 1801]
The total horizontal area of the lot lying within the lot
lines, provided that no area of land lying within any existing or
designated future street shall be deemed a portion of any lot area.
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a "corner lot" if the tangent
to the curve at the points beginning within the lot or at the points
of intersection of the side lot lines with the street lines intersects
at an angle of less than 135° .
Any boundary line of a lot.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a street line, except that, in a case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not street lines is to be considered a "rear lot line."
LOT LINE, SIDEAny lot line which is not a street line or a rear lot line.
STREET LINEThe dividing line between the street line and the lot. The street line" shall be the same as the legal right-of-way, provided that, where a future right-of-way width for a road or street has been established, then that width shall determine the location of the street line.
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
[Added 6-21-2017 by Ord.
No. 2017-1898]
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana. The term does not include a health care
medical marijuana organization under Chapter 19 of the Medical Marijuana
Act.
[Added 6-21-2017 by Ord.
No. 2017-1898]
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and/or process medical marijuana. The term does not include a health
care medical marijuana organization under Chapter 19 of the Medical
Marijuana Act.
[Added 6-21-2017 by Ord.
No. 2017-1898]
A single-family detached dwelling intended for permanent
occupancy which complies with local and state building codes and appropriate
federal agencies and is certified by said agencies; is contained in
one unit or in two units designed to be joined into one integral unit
capable of again being separated for repeated towing; which arrives
at a site complete and ready for occupancy except for minor and incidental
unpacking and assembly operations; and which is constructed so it
can be attached to a mobile home stand.
[Added 12-18-1996 by Ord. No. 1598]
A structure for which the start of construction commenced
on or after April 29, 1978, and includes any subsequent improvements
to such structures.
[Added 12-18-1996 by Ord. No. 1598]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:[8]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A building or structure which does not conform to all the
height, area, yard and court regulations of the district in which
it is located, where such building lawfully existed prior to the enactment
of such regulation or prior to the application of such regulation
to its location by reason of annexation.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
[Added 8-4-1993 by Ord. No. 1509]
A structure or part of a structure manifestly not designed
to comply with the applicable use provisions in a zoning ordinance
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of such ordinance or amendment
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment or prior to
the application of such ordinance or amendment to its location by
reason of annexation.[9]
When the through visibility at right angles to any surface
of a structure has not been reduced by more than 50% by the construction
of the structure it shall be considered "nonopaque."[10]
The flood having a one-percent chance of being equalled or
exceeded in any given year.
[Added 12-18-1996 by Ord. No. 1598]
An area on a tract of land employed for the transient and
open-air parking of automobiles or other motor vehicles, not to include
the permanent parking of automobiles, tractor-trailers or other vehicles.
An open space used for parking motor vehicles which meets
the requirements set forth in this chapter.
An uncovered, unenclosed area at ground level and used primarily
for private recreational purposes, which is located in the side yard,
rear yard, or courtyard of a property used for residential purposes
but which is not necessarily attached to the principal building. A
patio is not part of the occupied area of the principal building and
is not factored into the calculation of building footprint. A patio
is not considered an accessory structure.
[Added 12-15-2010 by Ord. No. 1801[11]]
A use which shall include tailor, barber, beauty salon, shoe
repair, dressmaking, photographer, newspaper sales, copy center, travel
agency, or similar personal service business.
[Added 7-17-2004 by Ord. No. 1722]
A side of a building that has the primary customer or visitor
entrance for nonresidential uses and the primary resident entrance
for residential uses.
[Added 7-3-2002 by Ord. No. 1681]
A building in which is conducted or is intended to be conducted
the principal use of the lot on which it is located. Only one principal
building shall be permitted on any lot used for residential purposes.
[Amended 12-17-2003 by Ord. No. 1709]
The office of a member of a recognized profession, maintained
for the conduct of that profession, such as offices of teachers, musicians,
doctors, dentists, lawyers, architects, engineers, accountants, insurance
agents, and similar professions. The conducting of a clinic, hospital,
barbershop, beauty parlor, massage parlor, tattoo parlor, restaurant,
motel, hotel, animal hospital, or any similar use shall not be deemed
to be a professional office.
[Added 7-3-2002 by Ord. No. 1681]
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this act.[12]
[Added 8-4-1993 by Ord. No. 1509]
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq.
[Added 8-4-1993 by Ord. No. 1509[13]]
A notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
[Added 8-4-1993 by Ord. No. 1509]
A building, a structure and facilities used for serving and
supplying public utilities or for other purposes of a public utility,
provided that in a residential district such purposes shall not include
public business facilities, storage of materials, truck or repair
facilities or the housing of repair crews.
See "yard, rear."
Land set aside for use as a street, alley or other means
of travel.
EXISTING RIGHT-OF-WAYThe legal rights-of-way as established by the commonwealth or other appropriate governing authority and currently in existence.
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary by the Borough of Lansdale Comprehensive Plan or the Montgomery County Comprehensive Plan, as appropriate, to provide adequate width for future street improvements.
A not-for-profit organization where older adults, age 50
and over, come together for services and activities that reflect their
experience and skills, respond to their diverse needs and interests,
enhance their dignity, support their independence and encourage their
involvement in and with the center and the community. Senior community
centers offer services and activities within the center, such as those
related to health and wellness, education, social and recreational
opportunities, as well as link participants with resources offered
by other agencies.
[Added 10-21-2009 by Ord. No. 1779]
A shopping center use is a building or combination of buildings
which are designed as a planned complex of related structures, parking
areas, circulation systems and related facilities, which may include
a combination of the following permitted uses:
[Added 7-20-2005 by Ord. No. 1732]
Offices, banks or financial institutions.
Retail stores for the sale of dry goods and
general merchandise, clothing, foods, drugs or other household supplies;
sale and repair of jewelry, watches, clocks, optical goods or musical,
professional or scientific equipment; tires, batteries and similar
vehicle accessories; hardware store.
Restaurants, tea rooms, places of business dispensing
alcohol and malt beverages in accordance with the Pennsylvania Liquor
Control Board Licensing Provisions.
Florist shops or personal service shops, including
tailors, barbers, beauty salons, shoe repair, dressmaking or similar
shops.
Laundries or dry-cleaning establishments, as
long as there is no cleaning, laundering or other processing of goods
on the premises.
Bowling lanes; indoor theater; billiard room;
other place of indoor amusement or recreation.
Sale of general merchandise, including sales
in department stores, the sale of apparel of all kinds, the sale of
furniture and household goods, including furniture and accessory furniture
stores, the sale of all other goods or merchandise or a bakery, candy
or confectionery shop where the articles are made and sold on the
premises, employing not more than 10 persons.
Pet stores for the retail sale and grooming
of domestic animals contained within a fully enclosed building.
See "yard, side."
An identification, description, illustration or device, illuminated
or nonilluminated, which is visible from any public place and draws
attention to a product, service, place, activity, person, institution,
business or solicitation or any emblem, painting, banner, pennant,
placard or temporary display designed to advertise, identify or convey
information, with the exception of national flags of reasonable size.
The ownership of a lot or contiguous lots by one or more
persons, partnerships or corporations, which ownership is separate
and distinct from that of any abutting or adjoining lot.
A dwelling unit in which one or both side walls are a party
wall in common with a neighboring dwelling unit, designed so that
the vertical party wall separates the living areas of neighboring
families. There shall be no fewer than three dwelling units grouped
together as single-family attached dwellings.
[Amended 10-16-1996 by Ord. No. 1585; 12-15-2010 by Ord. No. 1801]
A dwelling designed for and occupied exclusively as a residence
for only one family, having no party wall in common with any adjoining
building.
A dwelling unit in which only one side wall is a party wall
in common with a neighboring dwelling unit, designed so that the vertical
party wall is located on the side lot line and separates two families.
Each unit shall be located on its own lot.
[Amended 12-15-2010 by Ord. No. 1801]
A commercial establishment where food and beverages are prepared,
served and consumed and whose design or principal method of operation
is characterized by customers being provided with an individual menu
and being served their food and drink by a restaurant employee at
the same table or counter at which said items are to be consumed.
Food and beverages are served in and on reusable containers, and dinnerware
and customer turnover rates are usually one hour or longer. Drive-through,
drive-up and drive-in service is prohibited.
[Added 5-18-2005 by Ord. No. 1730]
That part of a building located between a floor and the floor
or roof next above. The "first story" of a building is the lowest
story having 75% or more of its wall area above grade level. A "half
story" is a story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than
two feet above the floor.
A public or privately owned right-of-way, serving as a means
of vehicular and pedestrian travel, furnishing access to abutting
properties and space for public utilities and sewers.
The elevation of the finished street, parking area, sidewalk
or other circulation area open to the public.
[Added 7-3-2002 by Ord. No. 1681]
The dividing line between the street and the lot. The "street
line" shall be the same as the legal right-of-way, provided that,
where a future right-of-way width for a road or street has been established,
then that width shall determine the location of the street line.
A street which has been ordained or dedicated to municipal
use and accepted by the Borough of Lansdale.
A combination of materials assembled, constructed or erected
at a fixed location, including a building, the use of which requires
location on the ground or in the ground or attachment to something
having location on the ground or in the ground.
A business engaged in training individuals in art, photography,
music, dance or martial arts or displaying for sale art, photography
or music, not including a business which provides personal services
such as barbershops, hair or nail salons, tattoo parlors or similar
establishments.
[Added 9-6-2000 by Ord. No. 1658]
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damage condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Added 12-18-1996 by Ord. No. 1598]
Any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, as defined herein, regardless of the actual repair
work performed. The term does not, however, include either:
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
Any alterations of a historic structure, provided
that the alteration will not preclude the structure's continued designation
as a historic structure.
A type of development characterized mainly by residential
uses, designed to certain architectural standards and organized in
a compact pattern by an interconnected network of streets and neighborhood
open space. The type of development that municipalities are authorized
to regulate under the provisions of Pennsylvania Municipalities Planning
Code, Article VII-A,[15] Traditional Neighborhood Development, and subsequent amendments.
[Added 12-15-2010 by Ord. No. 1801]
A dwelling occupied in part by the owner or tenant, in which
sleeping accommodations for less than 10 persons are provided or afforded
primarily for automobile travelers for compensation.
A dwelling located on a single lot or parcel designed for
and occupied exclusively as a residence for two families, where one
dwelling unit is separated either vertically or horizontally from
the other.
An unlotted development is a parcel of land planned as a
single unit rather than as an aggregate of individual lots. The entire
parcel of land shall be under one ownership and management, with individual
building sites (known as "units"). All unlotted developments require
the recording of irrevocable cross-easements or the creation and recording
of a condominium or planned community declaration in a form satisfactory
to the Borough in favor of and duly binding on all title owners, their
successor and assigns within the area of the development with respect
to use, control, maintenance of the common areas, access, green space,
and parking.
[Added 12-15-2010 by Ord. No. 1801]
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or on
a tract of land. Only one principal use shall be permitted on any
lot and said one principal use shall be designated by any applicant
at the time of filing any application with the Borough.
[Amended 12-17-2003 by Ord. No. 1709]
An open space, unobstructed from the ground up, on the same
lot with a structure, extending along a lot line and inward to the
structure. The size of a required yard shall be measured as the shortest
distance between the structure and a lot line or street line.
[Amended 12-15-2010 by Ord. No. 1801]
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards. In the case of multiple lots which span the distance of an entire block and are being developed simultaneously, the developer shall designate one front yard for each corner lot on the plans consistent with interior lots being submitted for approval.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a side lot line and extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
