Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings herein indicated.
A.
Words used in the present tense include the future;
words in the masculine gender include the feminine and the neuter;
the singular number includes the plural and the plural includes the
singular.
B.
The word "shall" or "must" is always mandatory; the
word "may" is permissive.
C.
The word "building" includes "structure" and shall
be construed as if followed by the phrase "or part thereof."
D.
The word "person" includes "individual," "profit or
nonprofit organization," "partnership," "company," "unincorporated
association," "corporation" or other similar entities.
E.
When terms, phrases or words are not defined, they
shall have their ordinarily accepted meanings or such as the context
may imply.
[Last amended 9-8-2014 by Ord. No. 14-04[1]]
As used in this chapter, the following terms shall have the
meanings indicated:
A dwelling unit constituting an accessory use to and physically
a part of a principal single-family dwelling.
A building or structure subordinate to and located on the
same lot as the principal building. The use of the accessory building
or structure is incidental and subordinate to the principal use.
A use customarily incidental and subordinate to the principal
use of the same lot.
Adapting an existing historic resource to a new use.[2]
Results of land disturbance activities which contribute to
degradation of environmental conditions or amenities, including, but
not limited to, any one or more of the following:
Degradation of surface water or groundwater purity by sedimentation
or other biological or chemical pollution.
Degradation of ambient air quality.
Degradation of wildlife habitat.
Degradation of woodland areas.
Degradation of stream valley floodplains and/or wetland areas.
Degradation of visual resources.
Enterprises that are actively engaged in the commercial production
and preparation for market of crops, livestock and livestock products
and in the production, harvesting and preparation for market or use
of agricultural, agronomic, horticultural, silvicultural and aquacultural
crops and commodities. The term includes an enterprise that implements
changes in production practices and procedures or types of crops,
livestock, livestock products or commodities produced consistent with
practices and procedures that are normally engaged by farmers or are
consistent with technological development within the agricultural
industry.
Soils consisting of or formed from material, such as gravel,
sand, silt or clay, deposited by flowing water and showing little
or no modification of the original material by soils-forming processes.
As applied to a building, a change, rearrangement, addition
to or diminution of the structural parts of existing facilities thereof.
A source of energy generated from solar, water, wind, geothermal
or similar sources, which is capable of providing energy and utility
provisions to a permitted use.
A private system capable of converting solar, water and/or
wind into a viable energy source and utility provisions for a permitted
use. Such facilities include and are limited to solar panels, wind
turbines, geothermal systems.
[Amended 12-7-2020 by Ord. No. 20-04]
An apparatus capable of transmitting or receiving telecommunications
information. The following types of apparatus are included within
this definition:
TELEVISION ANTENNAAn antenna utilized for receiving television signals directly through the airwaves (as opposed to receptions from geostationary satellites).
EARTH STATION ANTENNAA dish antenna whose purpose is to receive communication or other signals from geostationary satellites for purposes of audio and/or video reception.
AMATEUR RADIO SERVICE ANTENNAAn antenna for reception or transmission of radio signals directly through airwaves, and/or through geostationary satellites, including, but not limited to, those which are mounted on tower or pole-type structures; also known as a "ham" radio antenna.
WIRELESS COMMUNICATIONS ANTENNAAn antenna for wireless communications as more specifically defined in § 122-105A below.
"Antenna height" under this definition is defined as the vertical
distance measured from the base of the antenna support structure at
grade to the highest point of the structure. If the support structure
is on a sloped grade, then the average between the highest and lowest
grades shall be used in calculating the antenna height. "Antenna support
structure" under this definition is defined as any pole, telescoping
mast, tower, tripod or any other structure which supports a device
used in the transmitting or receiving of radio frequency energy.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
A building or buildings and supporting facilities for housing
and limited care, designed for senior citizens who need some assistance
with day-to-day activities, but are not sufficiently incapacitated
to require care in a nursing home. Assisted living facilities usually
include private quarters, meal service, personal assistants, housekeeping
aid, monitoring of medications, and nurses visits.
[Added 12-5-2016 by Ord.
No. 01-16]
A motor vehicle for passenger use which will include a sport
utility vehicle (SUV), station wagon, pickup truck and minivan, but
will not include trucks with more than four wheels or two axles.
A building containing a large public room or rooms designed
and used for the gathering of a large group of persons at a social
function, reception, seminar and/or meeting, where food and/or a meal
is typically served.
The one-hundred-year flood.
A level partly underground but having at least 1/2 of its height (measured from finished floor to finished ceiling) above the average grade of the adjoining ground. A basement shall be counted as a story for purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than four feet or used for business or dwelling purposes, other than a game or recreation room and/or a garage. For purposes of Article XIII, a basement shall mean any area of the building having its floor below ground level on all sides.
The classification of all land within Birmingham Township,
in accordance with the Zoning Map of Birmingham Township.
An accessory use to a single-family detached dwelling, permitted
as such only when carried on in conformity with applicable regulations
in which the occupants of the residence provide overnight accommodations
for not more than four short-term (not more than 15 days) transient
guests, including the service of breakfast but no other meals.
Unless specifically designated to the contrary, the Birmingham
Township Board of Supervisors.
A private dwelling in which at least three but not more than
six rooms are offered for lodging for compensation, whether or not
table board is furnished to lodgers, and in which no transient guests
are accommodated and no public restaurant is maintained.
A strip of land, which may include a mound or berm, along the perimeter of a tract to be planted and maintained in accordance with the requirements of § 122-67E(18)(c) or 122-102D, as applicable.
A combination of materials to form a permanent structure
having walls and a roof; included shall be all manufactured homes
and trailers to be used for human habitation.
A line parallel to the street right-of-way line at a distance
therefrom equal to the required depth of the front yard or setback
from the adjacent street, except in the case of an interior lot not
fronting on a street for its full width, in which case the building
line shall be a line parallel to the street right-of-way at a distance
from the property line nearest to the street equal to the required
depth of the front yard or setback. In the case of a wedge-shaped
lot, the building line may be moved further to the rear of the lot
in order to meet the minimum lot width requirements.
A level partly below the finished grade, having more than
1/2 of its height (measured from finished floor to finished ceiling),
below the average level of the adjoining ground. A cellar shall not
be considered a story in determining the permissible number of stories.[3]
Land used or intended to be used for the burial of deceased
humans either inground or aboveground, including columbariums and
mausoleums if those structures are part of an accessory to a cemetery.
A system for supplying water from a common source or sources
to all dwellings and other buildings within a development.
A building utilized for public divine worship. The term "church"
shall also include temple, synagogue, mosque and other similar places
of worship.
Historic structures and sites listed on the National Register
of Historic Places;
Contributing resources (buildings, sites, structures, and objects)
filed as such with the National Register of Historic Places;
Buildings, sites, structures, objects and districts which have
received a determination of eligibility ("DOE") for the National Register
of Historic Places.
Buildings, outbuildings, sites, structures, roadways, objects
and districts not meeting National Register criteria, but determined
to be of historical significance to Birmingham Township and thus listed
and included on the Cultural Resources Map and corresponding Cultural
Resources Map Inventory which were adopted as part of the Comprehensive
Plan. If an Historic Resource which is listed on the Cultural Resources
Map and corresponding Cultural Resources Map Inventory meets the criteria
for a Class I historic resource, it shall be classified as a Class
I historic resource.
Buildings, outbuildings, sites, structures, roadways, objects
and districts not meeting National Register criteria and not included
on the Cultural Resources Map and corresponding Cultural Resources
Map Inventory, but which are included on the Birmingham Township Inventory
of Historic Resources pursuant to the procedures set forth in this
chapter because they are determined to be of historical significance
to Birmingham Township.
A development of single-family detached dwellings on lots,
some or all of which are smaller than is otherwise required, incorporating
within the development areas of common open space.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site, not including streets,
off-street parking areas or areas set aside for public facilities
or private yards, designated and intended to be restricted against
development and to be for the use and/or enjoyment of the development's
residents. Unless otherwise approved, Common open space will be owned
and maintained by either a homeowners association, pursuant to the
Uniform Planned Community Act, or a condominium association, pursuant
to the Uniform Condominium Act.
A system, whether publicly or privately owned, for the collection
of sewage or industrial waste of a liquid nature from two or more
lots and for the treatment or disposal of the sewage or industrial
waste on one or more of the lots or at any other site.
The official public document of current adoption consisting
of maps, charts and textual matter, that constitutes a policy guide
to decisions about the physical and social development of Birmingham
Township, meeting the requirements of Article Ill of the Municipalities
Planning Code.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
A use which is not appropriate to a particular zoning district
as a whole but may be suitable in certain localities within the district
only when specific conditions and factors prescribed for conditional
uses within this chapter are present. Conditional uses are allowed
or denied by the Board of Supervisors after a public hearing and review
and comments from the Planning Commission.
A facility which provides residency in a manner not qualifying
as a family as defined herein. Congregate living arrangements include
dormitories, nursing homes, sanatoriums. Where a congregate living
arrangement is for individuals who are handicapped, aged, disabled
or undergoing rehabilitation, services and/or supervision provided
to meet their needs are included as an integral part of the residency.
See "nursing home."
Shopping facilities as defined in the context of a planned residential development. See § 122-64.
The map of the Township which was adopted as part of the
Comprehensive Plan and is found in the Appendix to the Cultural Resources
Plan. The Map identifies (among other items) National Register sites,
historic resources, the Act 167 Historic District, and historic roads
in Birmingham Township.
Any institution or place which is maintained in whole or
in part for the care of children under the age of 16 years or elderly
or handicapped persons during any part of a day, with or without stated
educational purposes. This definition shall include a day-care center
and family day-care home, but shall not apply to public, private or
parochial school systems.
DAY-CARE CENTERA facility in which care is provided for children, elderly or handicapped persons where the care areas are not being used as or accessory to a family residence.
FAMILY DAY-CARE HOMEA single-family dwelling where day-care services are provided as a home occupation for not more than six children, elderly or handicapped persons at any one time, not including relatives of the caregiver.
The diameter of a tree at breast height, measured 4.5 feet
from the ground surface.
An open wooden platform attached to a principal building
having no enclosing walls, roof or shelter from the weather.
The razing, destruction or removal, whether deliberately
or by neglect, of any historical resource in its entirety or in substantial
part. "Substantial part" shall be defined as 50% or more of the gross
area of all exterior facades on the historic resource as it existed
at the time of placement on the Inventory of Historic Resources.
The total number of dwelling units per acre in a planned residential development, lot averaging development, cluster development or farmside village development, as more particularly defined in § 122-64 for planned residential developments and other sections of this chapter.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for occupancy by only one family
(including any domestic servants living or employed on the premises)
with no enclosed space (other than vestibules, entrances or other
hallways or porches) in common with any other dwelling unit. Dwelling
units may be classified as follows:
SINGLE-FAMILY DWELLINGA building having only one dwelling unit from ground to roof, independent outside access and open space on all sides.
TWO-FAMILY DWELLINGA building containing two dwelling units; a twin or duplex:
MULTIFAMILY DWELLINGA building containing three or more dwelling units, including fourplex (quadraplex), townhouse (single-family, attached) and apartment buildings.
FOURPLEXA building containing four dwelling units, each of which has independent outside access and open space and two nonparallel sides. Also called a "quadraplex."
TOWNHOUSEA building containing not more than seven dwelling units, each of which is separated by party walls on opposite sides, and each of which has only one dwelling unit from ground to roof, independent outside access, not more than two walls in common with adjoining units and open space to the front and rear (internal units) or front, rear and one side (end units). Each unit can be referred to as a "single-family attached unit," particularly when separately owned.
APARTMENTA building containing three or more dwelling units separated by party walls and which may have more than one dwelling unit from ground to roof, common outside accesses and hallways.
MOBILE HOME DWELLINGA type of single-family detached dwelling as more particularly defined herein.
A building and/or an area either within a building or in
an open area on the same premises used for the purpose of furnishing
to the public food to be consumed within the building, but which may
include accessory drive-in or take-out services; and beverages, either
alcoholic or nonalcoholic, to be consumed within the building or structure.
The term includes restaurants, taverns and similar facilities, which
are further classified in Birmingham Township as follows:
FAST-FOOD RESTAURANTRestaurants characterized by a large carry-out clientele, long hours of service (some are open for breakfast, all are open for lunch and dinner, some are open late at night or 24 hours) and high turnover rates for eat-in customers. Fast-food restaurants may or may not have drive-through windows.
HIGH-TURNOVER (SIT-DOWN) RESTAURANT/TAVERNEncompasses sit-down eating establishments other than fast-food restaurants with turnover rates generally of less than one hour and 15 minutes. This type of restaurant is usually moderately priced and frequently belongs to a restaurant or tavern chain. Such restaurants may or may not have bar/lounge areas and serve alcoholic beverages.
QUALITY RESTAURANT Encompasses eating establishments of high
quality and with turnover rates generally of at least one hour and
15 minutes or longer. Such restaurants generally serve alcoholic beverages
ancillary to dinner service, but not as a tavern facility, and do
not serve breakfast.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A person who performs any service on the premises of a business
on a full-time, part-time or contract basis, whether or not the person
is denominated as an employee, independent contractor, agent or otherwise,
and whether or not said person is paid a salary, wage or other compensation
by the operator of said business. "Employee" does not include a person
exclusively on the premises for repair or maintenance of the premises
or equipment upon the premises or for the delivery of goods to the
premises.
Those areas of land the disturbance of which poses a substantial
risk of creating adverse environmental impacts, including, but not
limited to, areas with one or more of the following characteristics:
[4]
Slopes in excess of 15%.
Watercourses and their attendant floodplains.
Wetlands.
Soils with high water table characteristics.
Soils with characteristics of high erodability, shallow depth
to bedrock or other features limiting percolation.
Springs and seeps.
Aquifer recharge areas.
Wildlife habitats.
Rock outcroppings.
Woodland areas.
Tree clusters.
Specimen trees.
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
An individual or individuals related by blood, marriage or
adoption that maintain one common household and live within one dwelling
unit. Additionally, up to four unrelated individuals who maintain
a common household and live within one dwelling unit may be considered
a family. A family may also be considered any number of unrelated
individuals who are disabled and occupy a group home that is licensed
by the appropriate governmental agencies. A family, as herein defined,
specifically excludes boarders, roomers, lodgers, hotel or motel guests,
short-term rental users, club members or any similar group, cooperative
or commercial living arrangements.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A group of single-family dwelling units established by setting
aside from an agricultural tract a portion thereof for development,
when the remainder of the tract is covenanted as agricultural land
undeveloped in perpetuity.[5]
A unit of incident light quantity measurable with an illuminance
meter, a.k.a., footcandle meter or light meter.
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.
A term used by the lighting industry to describe a lighting
fixture from which no light is emitted at or above a horizontal plane
drawn through the bottom of the fixture and no more than 10% of the
lamp's light intensity is emitted at an angle 10° below that horizontal
plane, at all lateral angles around the fixture.
An accessory building or part of a principal building used
for the storage of motor vehicles but not to include a marshaling
yard, trucking facility, facility for storage and repair of earthmoving
or construction equipment or motor vehicle wrecking facility.
A building not a private garage used for the repair, servicing
or storage of motor vehicles but not to include a marshaling yard,
trucking facility, facility for storage and repair of earthmoving
or construction equipment or motor vehicle wrecking facility.
An energy generating system that uses the earth's thermal
properties in conjunction with electricity to provide greater efficiency
in the heating and cooling of buildings.
The sensation produced by excessive direct or reflected light
that causes annoyance, discomfort or loss in visual performance to
the eye. Glare is subjective and cannot be measured with a meter.
That portion of a tract or lot maintained or landscaped with
shrubs, trees, vegetated ground cover, soil, mulch, grass, vegetable
gardens and/or flowerbeds, but not including:
An arrangement of solar panels or solar energy system including
frames directly supported by the ground and not mounted on a building.
A dwelling affording the equivalent of single-family dwelling
living arrangements for groups of individuals for which the Township
is obligated to provide "reasonable accommodation" under the Federal
Fair Housing Act. Such group shall constitute the equivalent of a
"family" for zoning purposes, provided that the number of occupants
shall not exceed the lesser of eight individuals, or two individuals
per bedroom.
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure or at
not less than 10 equidistant points in the case of a circular structure
to a point midway between the highest and lowest points of the roof,
excluding the chimney or any superstructure above the roof, such as
stair or elevator bulkheads, water towers, etc.
A measure of the authenticity of an historic resource which
measures the degree to which the significant materials, features and
characteristics of an historic resource still exist.
Buildings, outbuildings, sites, structures, roadways, objects
and districts that possess integrity of location, design, setting,
materials, workmanship, feeling and association, and:
Are associated with events that have made a significant contribution
to the broad patterns of American history;
Are associated with the lives of significant persons significant
in our past;
Embody the distinctive characteristics of a type, period, or
method of construction, or that represent the work of a master or
that possess artistic values or that represent a significant and distinguishable
entity whose components may lack individual distinction; or
Have yielded or may be likely to yield information important
in prehistory or history.
An accessory use of a dwelling unit for activities normally intended to generate income, so located and conducted so as not to interfere with the quiet enjoyment of neighboring residential properties by occupants of normal sensibilities and complying with the standards for home occupations set forth in § 122-103 of this chapter.
A home for individuals who are physically or mentally retarded
or otherwise handicapped, including incidental educational facilities
and living accommodations for staff and supervisory personnel. A home
for handicapped individuals is either a form of single-family dwelling
(if accommodating five or fewer such individuals) or a congregate
living arrangement (if accommodating more than five such individuals).
A building containing individual rooms, suites and apartment
accommodations primarily for transient lodgers and travelers, which
also provides restaurant facilities, room service, and/or food and
beverage amenities.
A building within which the diagnosis, treatment and care,
both inpatient and outpatient, of human ailments are performed.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
The quantity of incident light per unit area, measured with
a light meter in footcandles (or lux).
The portions of a lot or parcel of land covered by materials
that do not allow water to percolate into the soil, such as buildings,
structures and paved areas.
A sewage treatment and disposal system serving the buildings
located on a single lot, subject to permitting by the Chester County
Health Department.
An inventory of historic resources in Birmingham Township
which includes all Class I, Class II and Class III historic resources.
A lot or parcel of land used for the collecting, storage
and sale of scrap or discarded materials or for the collecting, dismantling,
storage and salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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
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.
A building or group of buildings within which the principal
uses are the facilities for scientific research, investigation, testing
and experimentation, but not including the manufacture of products
for sale, except as an accessory use.
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land. See § 122-64.
The light created by a lighting installation which extends
beyond the boundaries of the property on which the installation is
sited.
One who holds and has been issued a valid license from the
Federal Communications Commission.
A designated parcel of land established by a plat or otherwise
as permitted by law and to be used, developed or built upon as a parcel.
The area of land contained within the limits of the property
lines bounding that area.
A means of developing single-family detached dwellings on
lots, some of which are larger and some of which are smaller than
is otherwise required, not incorporating areas of common open space
within the development.
A lot at the junction of and abutting on 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 lot not fronting on a street for its full width because
the main portion is connected to a street by a strip of land so that
the front lot line abuts another lot, rather than a street line; commonly
called a "flag lot."
The title lines or, in the case of a title line located in
the middle of a right-of-way, the street line.
[Added 12-7-2020 by Ord. No. 20-05]
A lot extending between and having frontage on two generally
parallel streets, with vehicular access from only one street.
The distance between side lot lines at the building setback
line, measured parallel to the street line. Where the street line
is curved or angled, the lot width shall be measured as a straight
line.
The lowest floor of the lowest fully enclosed area (including
basement). 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 of this chapter.
The light-output rating of a lamp (light bulb) as used in
the context of this chapter.
[6]Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A parabolic ground-based reflector, together with its pedestal
and any other attachments and parts thereof, commonly referred to
as a "dish-shaped antenna," used or intended to receive radio or electromagnetic
waves from an overhead satellite. Microwave dish antennas are structures.
The act or process of extracting minerals.
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat and crude oil and natural gas.
To reduce an environmental, traffic or other potentially
adverse impact to the smallest amount possible using best management
practices technically and economically achievable. "Minimize" shall
not mean complete elimination but shall require that the most substantial
efforts possible under the circumstances have been taken to reduce
the adverse effect of the action required to be minimized. With respect
to activities, the conduct of which is adverse to the conservation
of environmentally sensitive areas, the requirement to minimize shall
include but not be limited to the requirement that the placement of
dwellings and other structures and the location of streets, sedimentation
and erosion control devices and earthmoving activities shall be planned
and designed so as to permit the adverse effect of the activity in
question to be reduced to the smallest amount technically and economically
achievable under the circumstances consistent with the otherwise permitted
development.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support or the removal
or change of any required means of egress or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent or similar piping, electrical wiring or mechanical
or other work affecting health or general safety.
Any action taken to lessen the specified undesirable impacts
of a proposed land use or land disturbance activity, including those
which would adversely affect the health or longevity of a natural
feature, pose a visual intrusion or conflict or otherwise be deemed
incompatible with surrounding properties.
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
and constructed so that it may be used without a permanent foundation.
The term includes park trailers, travel trailers, recreational and
other similar vehicles which are placed on a site for more than 180
consecutive days.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel of land under single ownership, which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
A parcel or contiguous parcels of land which have been so
designated and improved that they contain two or more mobile home
lots for sale by the developer of the mobile home subdivision, intended
for the placement on each such lot of individual mobile homes.
A building or group of buildings containing individual rooms
primarily for transient lodgers and travelers, with each room having
a separate exterior entrance and parking space. The term "motel" includes,
but is not limited to, auto courts, motor courts, motor inns and motor
lodges.
An area of land, together with any structure thereon, used
for two or more of the following:
The retail sale of motor fuel and lubricants and incidental
services, such as lubrication and washing of motor vehicles;
The sale, installation, or minor repair of tires, batteries,
and other automobile accessories incidental to the foregoing; or
The retail sale of food, beverages, personal care items, and
similar goods (such as a convenience commercial store).
An institution devoted to the procurement, care, study, display
and exhibition of objects of lasting interest or value.
An area of land, together with structures thereon, used primarily
for the sale, service and repair of new automobiles under a manufacturer's
franchise agreement with a permitted component of used automobile
sales.
Structures for which the start of construction commenced
on or after March 2, 1978, and includes any subsequent improvements
thereto.
[7]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 all requirements and standards in § 122-103B.
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.
A structure or building or part thereof which does not conform
to the currently applicable provisions of the zoning ordinance where
such structure or building lawfully existed prior to the enactment
of such ordinance or amendment thereto with which it does not currently
conform.
A use, whether of land or of structure, which does not comply
with the currently applicable use provisions of the zoning ordinance
where such use was lawfully in existence prior to the enactment of
such ordinance or amendment thereto.
[8]The use of property for the propagation, cultivation and growth on the premises of trees, shrubs, flowering plants and the like from seed or stock, including the transplantation and sale of such trees, shrubs, flowering plants and the like. Nursery use does not include landscaping or landscaping maintenance businesses (which, if in conformity with the requirements of § 122-93 of this chapter, may be accessory to a nursery use as a home occupation). The sale of drainage materials, edgings, bricks, railroad ties, sand, gravel, crushed rock and items of a similar nature accessory to a landscaping or landscaping maintenance business is not a part of or accessory to a nursery.
A commercial establishment which is in the business of planting
grass, turf, trees, shrubs and other appropriate vegetative materials
and ground cover on a plot of ground other than for agricultural purposes,
including the maintenance and replacement thereof for the purposes
of lawn care, erosion control, retention of precipitation and protection
against the elements. The term shall not include a retail store commonly
known as a "nursery" which offers young trees, plants and other vegetative
materials for sale.
A congregate living arrangement facility operated for the
purposes of providing therein lodging, board and nursing care to sick,
invalid, infirm, disabled or convalescent persons for compensation.
The term "convalescent home" is included within this definition.[9]
A parcel or parcels of land, an area of water or a combination
of land and water, designed and intended to be restricted against
development. Where access to open space is available to all of the
residents of a development or community, it is referred to as "common
open space." Where such access is restricted and/or enforcement of
the restrictions is vested in a land trust or similar entity, the
open space (to the extent not impervious) constitutes green space,
but is not necessarily within the scope of "common open space.
Zoning districts in addition to and overlapping the base zoning districts as set forth in § 122-7. As here applicable, the PRD-1 (Planned Residential Development-1), PRD-2 (Planned Residential Development-2), and Historic District Area are overlay zoning districts.
[Amended 7-10-2017 by Ord. No. 17-02]
An open courtyard typically of concrete or flagstone adjacent
or attached to a principal building having no enclosing walls, roof
or shelter from the weather.
A statement issued and signed by the Zoning Officer authorizing
a proposed use and/or occupancy of land and/or a structure (use and
occupancy permit), erection, alteration or enlargement of a building
or structure (building permit) or erection, alteration or enlargement
of a sign (sign permit).
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.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units or combination of
residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling or use, density
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
the provisions of a municipal zoning ordinance.
The Birmingham Township Planning Commission.
Measures taken to maintain an historic resource for future
use and enjoyment as it is without trying to improve it.
Land used for agricultural purposes that contains soils of
the first, second, or third class as defined by the United States
Department of Agriculture, Natural Resource and Conservation Services
County Soil Survey.
A building in which is conducted a principal use of the lot
on which it is located; sometimes referred to as a "primary building,"
as distinguished from an accessory building.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Any facility providing recreation and/or amusement to the
general public and which may or may not charge an admission or use
fee. Public place of amusement includes facilities such as movie theaters,
live theaters, concert halls, bowling lanes, roller or ice skating
rinks, batting cages, public golf courses, driving ranges, miniature
golf courses, tennis courts, paddle tennis courts, squash courts,
handball courts and similar facilities.
[Amended 12-5-2016 by Ord. No. 01-16]
Constructing a new historic resource to replace an historic
resource that has been lost.
A vehicle which is built on a single chassis; not more than
400 square feet, measured at the largest horizontal projections; designed
to be self-propelled or permanently towable by a light-duty truck;
not designed for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel or seasonal use.[10]
The act of improving the condition of an historic resource
in order to introduce or return the use to an old resource.
The act of returning an historic resource to its appearance
and use during a specific period in history.
A wall constructed for the purpose of retaining soil on its
high side, where the high side of the wall is largely nonexposed,
and where the low side (where the finished grade is lower) is largely
exposed to view.
A development of individual dwelling units which may include
a community center and is designed as "housing for older persons"
as defined in Title 42 U.S.C. § 3607. The residents thereof
need not be actually retired from their occupation or employment.
A corridor of varying width adjacent and generally parallel
to any permanent or intermittent stream, river, brook or creek, measured
from the top of each streambank or riverbank, to include and extend
to the outer boundary of all land areas adjacent thereto, up to the
greatest extent of the following:
A building containing individual rooms for transient lodgers
and travelers with one main entrance and all access to the individual
rooms from an interior hall or corridor. Such building does not provide
a restaurant, room service or any food and beverage amenities, except
that it may provide for a continental breakfast served in the lobby.
An arrangement of solar panels or solar energy system including
frames mounted on a roof, whether pitched or flat, or a building.
A congregate living arrangement institution, including the
treatment and care of the chronically ill or patients requiring long-term
therapy, rest and recuperation.
Characteristic landscape viewsheds as viewed from public
streets or rights-of-way which contain features such as, but not limited
to, broad agricultural landscapes, prominent ridgelines, valley floors
hemmed in by ridge or upland areas, visually prominent wetlands or
watercourses. Scenic vistas may also include historic battlefield
paths as depicted in the Birmingham Township Cultural Resources Plan.
A building designed and used for human educational purposes,
including only the following: preschools, nursery schools, elementary
and secondary schools, colleges, universities, junior colleges and
vocational and technical schools. A school may be either private or
public.
See definition of "buffer."
[11]A discrete use allowed only in the C-1, C-2, and C-2A Zoning
Districts, designed and developed as an integrated unit, consisting
of multiple retail sales, restaurants and other uses permitted in
the commercial zoning districts, arranged as contiguous but separate
stores, shops and establishments in one or more buildings and sharing
common vehicular and pedestrian access and parking.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
See definition of "sign" and various categories of signs at § 122-87 below.
The measurement of the change in land elevation over a specified
distance or contour interval, with the vertical change constituting
the numerator and the horizontal distance over which the vertical
change is measured constituting the denominator, with the resultant
slope characteristic being expressed as a percentage. The representative
sample of a slope shall be based on a cumulative vertical change in
grade of six feet or more. Only slopes occurring over three consecutive
two-foot contour intervals shall be subject to regulation under this
chapter.
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
A use which is not permitted as of right but which may be
authorized by the Zoning Hearing Board after public hearing, provided
that the proposed use is in accordance with the express standards
and criteria specified in this chapter and is in conformity with other
applicable general standards.
[12]A tree specifically worthy of conservation because of species,
size, shape, form, location, age, historical importance or other significant
characteristic. A specimen tree may be located in isolation, within
a tree cluster or within a woodland and all trees in either an isolated
location or within a tree cluster having a caliper in excess of 20
inches DBH shall be presumed worthy of conservation.
The act of protecting an endangered historic resource from
further physical deterioration; temporary treatment that preserves
a resource or element until more permanent work can be undertaken.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
(See also § 122-64.) A public (dedicated) or private (undedicated) right-of-way, other than an individual or common access driveway, intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, service street and road or similar terms. Streets, except within a planned residential development, are further classified in Birmingham Township as follows:
The edge of a street right-of-way.
Anything constructed or erected on the ground or attached
to the ground, including an assembly of material having an ascertainable
stationary location on or in land or water, whether or not affixed
to the land. Structures shall include, but shall not be limited to,
buildings, signs, fences and walls (other than retaining walls) above
five feet in height, retaining walls where the low side exposure is
more than four feet in height, aerials and antenna, porches, decks,
patios, terraces, platforms, piers, pipelines, paddle tennis courts,
shelters, swimming pools to include a four-foot apron or walkway around
the pool, tents, towers, trestles, tanks, tennis courts, telephone
poles and similar construction. The following shall not constitute
a structure: sandboxes, decorative fountains, swingsets and other
playground facilities which are less than 300 square feet in area
on a single lot (measured by the area of a square or rectangle drawn
at the outer limits of all sides of the swingset or playground facility),
birdhouses, birdfeeders and mailboxes.
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.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damage condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
Any 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,
regardless of the actual repair work performed. The term does not,
however, include either:
[13]
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 alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
Any structure intended for swimming or recreational bathing
that contains water over 24 inches deep, including in-ground swimming
pools, aboveground swimming pools, on-ground swimming pools, hot tubs,
and similar structures which are further defined and regulated by
Township Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
When located on a residential lot, a tent which is erected for a period not to exceed five days pursuant to the procedure outlined in § 122-115D(1). When located on a commercial or eleemosynary lot, a tent which is erected for a period not to exceed seven consecutive days or 30 nonconsecutive days in a calendar year pursuant to the procedure outlined in § 122-115D(2).
A portable shelter consisting of canvas, skins, or other
pliable material which is stretched over poles or supports and attached
to stakes affixed to the ground.
An open platform, often paved, adjacent to or extending from
a principal building having no enclosing walls, roof or shelter from
the weather.
A designated parcel or area of land established by a plot
or otherwise as permitted by law and to be used, developed or built
upon in a manner which is based upon further subdivision of the tract
into lots.
The attaching of development rights to specified lands which
are desired to be kept undeveloped but permitting those rights to
be transferred from those lands so that the development potential
which they represent may occur on other lands where more intensive
development is deemed to be appropriate.
A group or row of trees insufficient in size to constitute
a woodland area.
The term normally applied to street lighting uniformity by
the Illuminating Engineering Society. Given a ratio, e.g., of 3:1,
it means that the point of lowest footcandle measurement cannot be
less than 1/3 of the specified minimum average footcandle level established
by this chapter.
Relief from the strict terms of this chapter, by order of
the Zoning Hearing Board, after public hearing, when authorized by
law.
The unbroken field of view from a given vantage point over
a particular range, where the vantage point or point of origin is
from points along a public road, and the range is measured by the
boundaries of a particular property. The viewshed terminates at the
closer of:
Viewsheds originating from points along public roads containing
either:
Areas within the historic districts of Birmingham Township as
delineated in the Historic District Overlay Map;[14] or
Areas of scenic views, including:
Woodlands, tree clusters or specimen trees.
Hedgerows.
Stream valleys.
Naturally undulating landforms (also known as "rolling hillsides").
Isolated structures of historic, cultural or architectural value,
such as vintage farmhouses, barns and structures, including but not
limited to those listed in authoritative sources such as the National
Register of Historic Places.
A channel or conveyance of surface water, including a permanent
stream, intermittent stream, river, brook or creek, or a channel or
ditch for water, whether natural or artificial, with perennial or
intermittent flow.
A type of geothermal energy system in which water is pumped
from a water well or other groundwater source into a heat exchanger.
A water energy system can be either a closed loop (where the pipes
are connected to the heat exchanger and heat transfer fluid is circulated
through the pipes) or open loop system (where the water drawn from
the earth is pumped back into the ground through a different well
as "reinjection.")
Those areas inundated or saturated by surface water or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, including swamps, marshes,
bogs and similar areas as delineated in accordance with the Federal
Manual for Identifying and Delineating Jurisdictional Wetlands. Where
a wetland boundary delineation has been approved by either the Pennsylvania
Department of Environmental Protection or the Army Corps of Engineers
after a field check by either agency, such delineation shall be conclusive
for purposes of this chapter.
A device that is used to produce electricity from wind and
all associated equipment, including any base, blade, foundation, nacelle,
rotor, tower, transformer, vane, wire, inverter, batteries or other
component necessary to fully utilize the wind generator, also referred
to as a "wind turbine."
An area of at least 4,000 square feet characterized by trees
growing in close proximity to each other with the average caliper
of such trees being not less than four inches DBH.
An open area around the inner periphery of each lot, extending
along the lot lines and street lines and inward to a nonaccessory
structure. The size of a yard shall be measured as the shortest distance
between the structure and a lot line or street line.
YARD, FRONT:
A yard between any structure, not including a fence or wall
under four feet in height, 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 and the remaining yards shall include a rear yard,
opposite the street to which the principal building is generally faced,
and a side yard, opposite the other street.
In the case of a reverse frontage lot, the yard extending along
the street to which access is provided is the front yard.
YARD, REARA yard between a nonaccessory structure, not including a fence or wall under four feet in height, and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a nonaccessory structure, not including a fence or wall under four feet in height, and a side lot line, extending the entire length of the side lot line.
A yard containing clotheslines and apparatus.
A yard principally used for recreational activity, including
but not limited to children's swing sets, volleyball nets, tether
ball polls and similar structures.
The Birmingham Township Zoning Hearing Board.
See definition of "permit" above.
[1]
Editor's Note: Subsequent amendments noted where applicable.
[2]
Editor’s Note: The former definitions of "adult arcade,"
"adult bookstore, adult novelty store, or adult video store," "adult
cabaret," "adult motion picture theater" and "adult theater," which
immediately followed this definition, were repealed 12-5-2016 by Ord.
No. 16-01.
[3]
Editor's Note: The former definition of "cell site," which
immediately followed this definition, was repealed 12-7-2020 by Ord. No. 20-04.
[4]
Editor's Note: The former definitions of "escort" and "escort
agency," which immediately followed this definition, were repealed
12-5-2016 by Ord. No. 16-01.
[5]
Editor’s Note: The former definitions of "flood," "floodplain
area," "floodproofing," and "floodway," which immediately followed,
were repealed 7-10-2017 by Ord. No. 17-02.
[6]
Editor's Note: The former definition of "massage parlor,"
which immediately followed this definition, was repealed 12-5-2016
by Ord. No. 2016-01.
[7]
Editor's Note: The former definition of "nightclub establishment,"
which immediately followed this definition, was repealed 12-5-2016
by Ord. No. 16-01.
[8]
Editor's Note: The former definitions of "nude model studio"
and "nudity or state of nudity," which immediately followed this definition,
were repealed 12-5-2016 by Ord. No. 16-01.
[9]
Editor’s Note: The former definition of “one-hundred-year
flood,” which immediately followed, was repealed 7-10-2017 by
Ord. No. 17-02.
[10]
Editor’s Note: The former definition of “regulatory
flood elevation,” which immediately followed, was repealed 7-10-2017
by Ord. No. 17-02.
[11]
Editor's Note: The former definitions of "seminude or in a
seminude condition," "sexual encounter center" and "sexually oriented
business," which immediately followed this definition, were repealed
12-5-2016 by Ord. No. 16-01.
[12]
Editor's Note: The former definitions of "specified anatomical
areas" and "specified sexual activities," which immediately followed
this definition, were repealed 12-5-2016 by Ord. No. 16-01.
[13]
Editor's Note: The former definition of "substantial enlargement
of a sexually oriented business," which immediately followed this
definition, was repealed 12-5-2016 by Ord. No. 2016-01.
[14]
Editor's Note: The Historic Overlay Map is included as an attachment to this chapter.
