[Ord. No. 321,
passed 12-10-1998]
A.Â
It is not intended that this glossary include only words used or
referred to in this Ordinance. The words are included in order to
facilitate the interpretation of this Ordinance for administrative
purposes and to facilitate the carrying out of duties by appropriate
officers and by the Zoning Hearing Board.
B.Â
Unless otherwise expressly stated, words and terms used herein shall,
for the purpose of this Ordinance, be interpreted as follows:
1.Â
Words used in the present tense include the future tense.
2.Â
The singular includes the plural.
3.Â
The words "used" or "occupied," as applied to any land or building,
include the words "intended, arranged or designed to be used or occupied."
4.Â
The word "person" includes an individual, firm, partnership, corporation,
company, association, or government entity, including a trustee, a
receiver, an assignee or a similar representative.
5.Â
The word "lot" includes "plot" or "parcel".
6.Â
The term "shall" is always mandatory.
7.Â
The word "Council" and the words "Township Council" always mean the
Upper Providence Township Council.
8.Â
The word "Commission" and the words "Planning Commission" always
mean the Upper Providence Township Planning Commission.
9.Â
The word "Board" and the words "Zoning Hearing Board" always mean
the Upper Providence Township Zoning Hearing Board.
10.Â
The term "Zoning Officer" always means the Upper Providence
Township Zoning Officer.
C.Â
If a word is not defined in this Ordinance but is defined in the
Township Subdivision and Land Development Ordinance, as amended, the
definition in that Ordinance shall apply. If a word is defined in
both this Ordinance and another Township Ordinance, each definition
shall apply to the provisions of each applicable Ordinance.
D.Â
Any word or term not defined in this Ordinance or the Township Subdivision
and Land Development Ordinance, as amended, shall be used with the
meaning of standard usage within the context of the section.
E.Â
This Township will consider any use that satisfies substantially
most, but not all, of the minimum requirements of a particular use
defined by this ordinance as such use, requiring the owner to meet
the minimum requirements of that use. Additionally, noncompliance
with the minimum requirements of a particular use shall not create
a new use. failure to construct a structure or use in strict conformity
with the definitions of this Title shall not relieve the owner of
the responsibility to comply with the other regulations of this Title.
Example: a dwelling unit which is missing an element of the definition
of dwelling unit shall be required both to conform to the use regulations
of this Part and to also provide the missing element should the use
be permitted under these regulations.
[Added 10-13-2022 by Ord. No. 540]
[Ord. No. 321,
passed 12-10-1998; Ord. No. 358, passed 9-12-2002; Ord. No. 388, passed 10-28-2004; Ord. No. 402, passed 10-11-2005; Ord. No. 406, passed 1-12-2006; Ord. No. 413, passed 7-13-2006]
For the purposes of this Ordinance, the following words, terms
and phrases shall have the meanings herein indicated:
A structure detached from a principal building on the same
lot and customarily incidental and subordinate to the principal building.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot with such principal use.
A service roadway providing a secondary means of public access
to abutting property and not intended for general traffic circulation.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building such as
bearing walls, columns, beams or girders.
A device used to collect and/or transmit telecommunications
or radio signals, including panels, microwave dishes, and single poles
known as "whips".
See Use B6 "Multi-Household Dwelling/Apartment" under Chapter 1256, "Use Regulations and Standards".
See "building area," "FLOOR AREA," "LOT AREA."
That part of a building that is immediately below and wholly
or partly within the roof framing, used primarily for storage and
not for habitation. (See also, "story" and "story, half.")
A basement is a space having 1/2 or more of its floor-to-ceiling
height above the average level of the adjoining ground and with a
floor-to-ceiling height of not less than 6.5 feet. A basement shall
be counted as a story for the purposes of height measurement or the
determination of square footage or floor area. (See also, "cellar.")
A person, except family, occupying any room or group of rooms
forming a single, habitable unit used or intended to be used for living
and sleeping, but not for cooking or eating purposes, and paying compensation
for lodging or board and lodging by prearrangement for two weeks or
more at a time to an owner or operator. Any person occupying such
room or rooms and paying such compensation without prearrangement
for less than two weeks at a time shall be classified for purposes
of this Ordinance not as a roomer, boarder or lodger but as a guest
of a commercial lodging establishment (motel, hotel, inn) or bed and
breakfast establishment.
Landscaped areas, fences, walls, berms, or any combination
thereof used to physically separate and/or screen one use or property
from another so as to visually shield or block noise, lights, or other
nuisances.
Any structure having a roof supported by walls and intended
for the shelter, housing, or enclosure of persons, animals, or property
of any kind.
The total of areas taken on a horizontal plane at the grade
level of the principal building and all accessory buildings, including
uncovered and covered porches, terraces, decks and patios.
The three-dimensional space within which a structure is permitted
to be built on a lot and that is defined by maximum height regulations
and minimum yard requirements.
A building in which is conducted, or is intended to be conducted,
the principal use of the lot on which it is located.
That line that is the required minimum distance from any
street right-of-way and/or lot line that establishes the area within
which the principal structure must be erected or placed. The front
building setback distance shall be measured from the street right-of-way
line if one abuts the property; however. In the case of a flag lot,
the front building setback line shall be at a distance measured from
and parallel to a line indicating where lot width first coincides
with the required minimum lot width for the zoning district.
A cellar is a space with less than 1/2 of its floor-to-ceiling
height above the average finished grade of the adjoining ground or
with a floor-to-ceiling height of less than 6.5 feet. A cellar is
not counted as a story for the purposes of height measurement or the
determination of square footage or floor area unless the cellar is
used for dwelling, office or business purposes. (See also, "basement.")
See Use H3 under Chapter 1256, "Use Regulations and Standards".
Activity involving the sale of goods or services carried
out for profit.
A building in which electronic receiving, relay, or transmitting
equipment for a Commercial Communications Facility is housed.
A structure that is intended to support equipment used to
transmit and/or receive telecommunications or radio signals, including
monopoles and lattice construction steel structures.
See Use B9 "Group Home" under Chapter 1256, "Use Regulations and Standards".
A form of ownership of real property, including an undivided
interest in a portion of a parcel together with a separate interest
in a space within a structure, and which is subject to the provisions
of the Pennsylvania Uniform Condominium Act of 1980.
An extract or stimulant that is produced from a naturally
occurring cannabinoid found in small traces in hemp and cannabis (marijuana)
plants, and includes, but is not limited to, any food product, dietary
supplement, or smoke or vape product containing such an extract or
stimulant. Concentrated amounts of Delta-8 THC are typically manufactured
from hemp-derived cannabidiol (CBD).
[Added 6-8-2023 by Ord.
No. 548]
A measure of the number of dwelling units per unit of land,
as expressed in dwelling units per acre and excluding any area within
an existing or designated future street right-of-way, and in the case
of a flag lot, the area of the access lane.
A private vehicular way providing access to a street or highway.
A structure or portion thereof that is used exclusively for
nontransient human habitation.
See individual dwelling types under Chapter 1256, "Use Regulations and Standards".
One or more rooms, designed, occupied, or intended for occupancy
as a separate living quarter, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a person or persons maintaining a household.
A grant of one or more property rights by a property owner
to and/or for the use by the public, a corporation, and other person
or entity.
[Added 6-8-2023 by Ord.
No. 548]
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.
The term includes a device as described in Subsection A, 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.
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 6-8-2023 by Ord.
No. 548]
Any liquid that contains vegetable glycerin, propylene glycol,
nicotine, water, and possibly flavoring that can be used in ENDS devices.
E-liquids can also be referred to as vape or vape juice.
[Added 6-8-2023 by Ord.
No. 548]
One person, or two or more persons related by blood, foster
relationship, marriage or adoption, and in addition, any domestic
servants; or a group of not more than three persons who need not be
so related, and in addition, domestic servants who are living together
in a single, non-profit dwelling unit and maintaining a common household
with single cooking facilities. A group home for mentally and/or physically
disabled individuals will be considered a family provided the residence
meets all federal and state regulations for such facilities. A boarder,
roomer or lodger shall not be considered a member of the family.
An unobstructed paved or improved surface area clearly defined
by pavement markings and signs, at least 12 feet wide and designed
to provide access for fire-fighting equipment.
See "LOT, FLAG."
See Chapter 1270 for definition of this and other related terms.
The sum of the gross horizontal areas of the several floors
of a building from the exterior face of exterior walls, or from the
centerline of a wall separating two buildings, but excluding any space
where the floor-to-ceiling height is less than six feet.
A quantitative unit of measure referring to the measurement
of illumination incident at a single point. One footcandle is equal
to one lumen uniformly distributed over an area of one square foot.
See Use B9 "Group Home" under Chapter 1256, "Use Regulations and Standards".
The vertical distance measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure. (See Exceptions under Chapter 1258.)
That percentage of the lot area covered by impervious surface.
A surface that prevents the infiltration of water into the
ground. Impervious surface includes but is not limited to, any roof,
parking or driveway areas and any sidewalks. Any surface area designated
to initially be gravel or crushed stone shall be considered to be
impervious surface. Surfaces that are comprised of pervious pavers
shall be considered as impervious surfaces.
[Amended 10-12-2017 by Ord. No. 508]
A nonprofit, religious, or public use, such as a church,
library, public or private school, hospital, or government owned or
operated building, structure, or land used for public purpose.
An extract or stimulant that is produced from the leaves
of an evergreen tree (Mitragyna speciosa) native to Southeast Asia,
which contains mitragynine and/or 7-hydroxvmitragynine, including,
but not limited to, any food product or dietary supplement containing
such an extract or stimulant.
[Added 6-8-2023 by Ord.
No. 548]
Any of the following activities.
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features;
|
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
| |
|
(1)
|
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
|
|
(2)
|
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features;
|
|
A subdivision of land; or
| |
|
Development in accordance with section 503(1.1) of the Pennsylvania
Municipalities Planning Code.
| |
See "BOARDER."
A designated parcel, tract, or area of land established by
plat, subdivision, or as otherwise permitted by law and to be used,
developed, or built upon as a unit having only one principal use.
A lot situated at the intersection of two streets, with the
interior angle intersection not exceeding 135°. The yards extending
along all streets are front yards.
A lot having a configuration such that its buildable portion
is behind other lots fronting directly onto a public street and to
which access is provided by a lane with a minimum width of 35 feet.
A lot other than a corner lot.
The area contained within the property lines of the individual
parcels of land as shown on a subdivision plan, land development plan
or building plan after deducting the following:
[Amended 10-11-2018 by Ord. No. 520]
|
Feature
|
Percent of area deduction
| |
|---|---|---|
|
Easements for stormwater management
|
100%
| |
|
Rights-of-way
|
100%
| |
|
Surface water
|
100%
| |
|
Wetlands
|
100%
| |
|
Riparian buffers
|
100%
| |
|
Wetland buffers
|
50%
| |
|
Shallow ground water soils
|
50%
|
The average distance measured from the front lot line to
its opposite rear lot line.
That portion of a lot abutting a street right-of-way line.
The distance measured between the side lot lines at the required
building setback line. In no case shall the distance measured between
the side lot lines be less than 35 feet at the street right-of-way
line.
Any boundary line of a lot.
A complete lighting unit consisting of a light source and
all necessary mechanical, electrical and decorative parts.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
[Added 6-8-2023 by Ord.
No. 548]
A transportable, single family dwelling intended for permanent
occupancy, contained in one unit, or in two or more 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.
A parcel of land in a mobile/manufactured home park, improved
with the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile/manufactured home which
is leased by the mobile/manufactured home park owner to the owner
or occupants of the mobile/manufactured home erected on the lot.
See Use B7 under Chapter 1256, "Use Regulations and Standards".
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:
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 of 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 typed 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.
See "Nonconforming Lot,", "Nonconforming Structure," "Nonconforming Use" under Chapter 1278.
Any area of land or water principally used for open space
purposes and set aside, dedicated, designated or reserved for public
or private use or enjoyment, or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open space, and
may include such complementary structures and improvements as are
necessary and appropriate.
The map or plan for a subdivision or land development, whether
preliminary or final.
A lot, parcel, tract, or plot of land together with any buildings
and structures thereon.
A formal meeting held pursuant to public notice by the Township
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this Ordinance.
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
A strip of land occupied or intended to be occupied by a
street, cross-walk, railroad, electric transmission line, telephone
line, oil or gas pipeline, water main, sanitary or storm sewer main,
including the surface and air space above the surface and the area
below the surface.
Those areas along watercourses, ponds, and other water bodies
so designated for the preservation or regeneration of natural vegetation
for the protection of surface water resources. A riparian buffer is
comprised of the area measured within 100 feet of the annual mean
high water edge (top of bank) or to the limit of the 100-year floodplain,
whichever distance is greater.
[Amended 12-19-2022 by Ord. No. 542; 4-27-2023 by Ord. No. 547]
See "boarder."
See "building setback line."
Those soils in which the groundwater surface is 18 inches
or less from the ground surface at certain times of the year as specified
by the USDA, NRCS "Soil Survey" or as determined by field investigation.
These soils include but may not be limited to the Chewacla Series
(Ch), Conowingo Series (Co), Glenville Series (Gn,Gs), Wahadkee Series
(We) and Worsham Services (Wo, Ws).
See Chapter 1276.
See "TRACT."
That portion of a building included between the surface of
a floor and the surface of the floor next above it, or if there be
no floor above it, then the space between any floor and the ceiling
next above it. (See also, "attic," "basement," "cellar," and "story,
half.")
A space under a sloping roof in which the possible floor
area with head room of five feet or less occupies at least 40% of
the total floor area of the story directly beneath. (See also, "attic.")
A public (dedicated and accepted) or private (nonpublic)
right-of-way intended or used as a means of vehicular and pedestrian
circulation. The word "street" includes, but is not limited to, the
word "road," "highway," "thoroughfare," and "way."
The legal boundary of a public or private right-of-way that
contains a vehicular cartway and which may contain a pedestrian way
or ways.
A combination of materials to form a construction for use,
occupancy, or ornamentation whether installed on, above, or below
the surface of land or water.
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.
Any earth surface covered permanently or seasonally by standing
or moving water, including waters of the Commonwealth, Waters of the
US, streams, lakes and ponds.
An area, parcel, site, piece of land, or property that is
the subject of a development application.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
The primary or predominant use of any lot or parcel.
Relief granted from the literal requirements of a zoning ordinance, pursuant to the provisions of Chapter 1282.
Those areas adjacent to wetlands so designated for the preservation
or regeneration of natural vegetation for the protection of surface
water and ground water resources. A wetland buffer is comprised of
the area measured within 50 feet of the jurisdictionally determined
wetlands line.
Wetlands are transitional between terrestrial and aquatic
systems where the water table is usually at or near the surface or
the land is covered by shallow water. For purposes of this classification
wetlands must have one or more of the following three attributes:
An open area that lies between the principal building or
buildings and the nearest lot or street right-of-way line. The minimum
required yard is unoccupied and unobstructed from the ground upward
except as may be specifically provided in this Ordinance.
A yard between a building and a street right-of-way line
and extending the entire width of the lot. 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.
A yard between a structure and a rear lot line and extending
the entire length of the rear lot line. In the case of a corner lot,
there shall be one rear yard; any additional yards shall be side yards.
A yard between a structure and a side lot line, extending
from the front yard to the rear yard. Any yard that is not a front
yard or a rear yard shall be considered a side yard. In the case of
a corner lot, there shall be one rear yard; any additional yards shall
be side yards.
