Unless otherwise expressly stated, the following words shall
be construed throughout this chapter to have the meaning set forth
in this article:
A.Â
Words used in the present tense include the future.
B.Â
The singular includes the plural and the plural the singular.
C.Â
The masculine gender includes the feminine and the neuter.
D.Â
The words "shall" and "must" are mandatory.
E.Â
The word "may" is optional.
F.Â
The words "district" and "zone" shall be synonymous.
G.Â
The word "used" shall include the words "arranged," "designed," or
"intended to be used."
H.Â
The word "person" includes an individual, corporation, partnership,
public or private association or corporation, firm, trust, estate,
governmental unit, or any other legal entity whatsoever, which is
recognized by law as the subject of rights and duties.
I.Â
Where terms, phrases, or words are not defined, they shall have their
ordinarily accepted meaning or such as the context may imply.
For the purposes of this chapter, the following words and phrases
shall have the meanings given to them in this article:
An intentional relinquishment of a use or structure for a
continuous period of one year regardless of interest. Abandonment
shall be measured from the last date of regular and permanent occupancy.
An individual considered in the law to be an adult, that
is, a person of at least 18 years of age.
A business establishment, where the principal use is to offer
its patrons services, entertainment, or retail goods or commercial
services characterized by an emphasis on activities or matter depicting,
describing, relating to, or displaying sexual or erotic activities
as defined herein and in accordance with Pennsylvania State Code (18
Pa.C.S.A. § 5903), including but not limited to the following:
ADULT BOOK STOREAn establishment having as a substantial or significant portion of its stock-in-trade magazines, books, periodicals, photographs, films and other paraphernalia or an establishment with a segment or section devoted to the sale or display of such material, which if sold to a person under 18 years of age, would violate the criminal laws of the Commonwealth of Pennsylvania in effect at the same time thereof.
ADULT MOTION PICTURE AND/OR ENTERTAINMENT CENTERAn enclosed building used for any other business, club, cabaret, nightclub, movie theater, bar or similar establishment, either live or through various media, which offers its patrons services, entertainment, or retail goods or commercial services characterized by an emphasis on activities or matter depicting, describing, relating to, or displaying sexual or erotic activities.
A minor right-of-way which is publicly owned and used primarily
for secondary vehicular access to the rear or side of properties otherwise
abutting a public street.
Any change or modification in construction, change in type
of occupancy (i.e., single-family to multifamily), or any change in
structural members of a building, such as bearing walls, or interior
partitions, columns, beams, joists, girders or rafters, not including
normal repairs or replacement of elements of a building or an addition
thereto.
Any change which includes revisions to the zoning text and/or
the Official Zoning Map. The authority for any amendment lies solely
with the Borough Council.
Animals raised as a part of an agricultural operation for
sale, production of other products, work animals, or for recreation,
including but not limited to horses, mules, cattle, oxen, sheep, goats,
pigs, and poultry.
Any of various nonfarm (agricultural) animals, typically
kept for personal enjoyment or companionship, that have been tamed
and made fit for a human environment, and are generally kept inside
the primary residence. Domestic animals are generally considered "pets,"
and are generally smaller animals, including but not limited to dogs,
cats, hamsters, rabbits, turtles, birds, and fish.
A small accessory structure on a residential lot used for
a temporary outdoor shelter for privately owned domesticated animals,
including but not limited to structures commonly referred to as "dog
houses."
Any system of wires, poles, rods, reflecting discs, or similar
devices used for the transmission or reception of electromagnetic
waves, which is external to or attached to the exterior of any building
or structure.
A landowner(s) or developer(s), their heirs, administrators,
successors or assigns, who has submitted an application for development.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a zoning
permit or building permit, for the approval of a subdivision plat
or plan, or for the approval of a development plan.
Provisions which regulate individual lot sizes and the spatial
arrangement of structures within individual lot boundaries, including
but not limited to required minimum yards and building height restrictions.
See "lot area," "floor area" or "building area."
See "building area."
An architectural projection that provides weather protection,
identification or decoration and is wholly supported by the building
to which it is attached. An awning is comprised of a lightweight,
rigid skeleton structure over which a covering is attached.
Any building wherein the primary occupation or use is concerned
with such businesses as banking, savings-and-loan associations, credit
unions, loan companies, mortgage companies, or investment companies.
Any area of a building having its floor subgrade below ground
level on all sides.
An accessory use to a dwelling unit in which temporary lodging
accommodations are provided to transient persons for compensation,
including the serving of morning breakfast and/or afternoon refreshments.
A decorative horizontal band projecting from exterior building
walls usually composed of projecting and/or contrasting stone or brick
typically defining interior floor levels. See Figure 2-1.
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Figure 2-1: Belt Course
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Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from regulated activities, to provide water quality treatment, infiltration, volume reduction, and/or peak rate control, to promote groundwater recharge, and to otherwise meet the purposes of this chapter and Chapter 342, Stormwater Management, of the Code of the Borough of West Grove. BMPs shall otherwise be in accordance with Chapter 342, Stormwater Management.
An area of land bounded by streets.
The Borough of West Grove, Chester County, Pennsylvania.
The Borough Council of West Grove Borough, Chester County,
Pennsylvania.
An area to be used and maintained as a horizontal physical
barrier between uses and/or where otherwise specified, consisting
of a strip of land maintained to separate parcels or uses of land
in conjunction with associated landscaping and screening, where required,
that may include, but not be limited to, a berm, fence, wall, or vegetative
plantings.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and mobile homes to be used for human habitation.
A building subordinate to the principal structure on a lot
and used for purpose customarily incidental to those of the principal
structure. See also "use, accessory."
The square footage that a building occupies on a lot. Building
area shall be measured from outside wall to outside wall and shall
not include the dimensions of cornices, eaves and gutters. Building
area shall include covered porches and all roofed portions of a building.
The building area of all principal and accessory structures
that exist or are proposed upon a lot, expressed as a percent of the
total area of a lot or tract. See Figure 2-19.
The remaining area within a lot, outside of the minimum required
yards, where a principal structure may be built, in compliance with
maximum building coverage and building height requirements in the
zoning districts of this chapter. See Figure 2-19.
The vertical distance measured from the mean level of the
average finished grade surrounding the building foundation to the
peak of the highest point of the roof, excluding chimneys, spires
or antennas. See Figure 2-2.
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Figure 2-2: Building Height
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The horizontal measurement of any continuous building wall.
A line that extends the full width of a lot and parallel
to the front lot line, located at the closest point of the principal
structure to the front lot line. The building line shall be no closer
to the front lot line than the minimum required front yard in the
applicable zoning district, but may be a greater distance depending
on the particulars of the lot and building size. See Figure 2-19.
A statement issued and signed by the Zoning Officer/Building
Inspector, or other duly authorized agent of the Borough of West Grove,
which authorizes the erection, construction, alteration, conversion,
replacement, diminution or enlargement of a building or structure.
The statement should indicate that the proposed activity complies
with the applicable Borough codes and ordinances.
A building or, where the context so indicates, a group of
buildings, in or on which is conducted the principal use of the lot
on which such building is located.
A line parallel to and set back from the front lot line at
a distance equal to the depth of the minimum required front yard for
the district in which the lot is located. See Figure 2-19.
A term used to describe the size of buildings or other structures
and their relationship to each other, to open areas such as yards
and to lot lines, and includes the height and floor area of buildings.
The diameter of a tree trunk measured six inches above the
ground for trees up to and including four-inch caliper and measured
12 inches above the ground for trees larger than four-inch caliper.
See Figure 2-3.
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Figure 2-3: Caliper
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The paved surface of a street or alley available for vehicular
traffic or use including on-street parking spaces but excluding shoulders,
berms, medians, drainage swales and other portions of the road right-of-way.
Land used or intended to be used for the burial of one or
more dead human bodies or cremated remains thereof, including columbariums
and mausoleums when operated in conjunction with and within the boundary
of such cemetery.
The center of a surveyed street, road, lane, alley, or alley
right-of-way, or where not surveyed, the center of the cartway.
A statement signed, issued, and administered by the Zoning
Officer/Building Inspector, or other duly authorized agent of the
Borough of West Grove, upon completion of construction of a new building
or upon change or conversion of a structure or use of a building,
which establishes that a building or use complies with all requirements
and regulations as provided in this chapter and other applicable codes,
and that the same may be occupied or used for the intended use.
An alteration of a building, structure, or land by changing
a use theretofore existing to a new use which imposes different provisions
of law governing building construction, equipment, exits, or zoning
regulations.
Civic spaces are primarily informal public open spaces spatially
defined in part by landscaping and by buildings, either public or
privately owned but open to the public. Civic spaces typically provide
a means of seating, whether through tables and chairs, benches, or
low seating walls typically serving as enclosures for landscaping
or water features. A majority of the surface of civic spaces shall
be paved using concrete, in some cases decorative via color, texture,
or pattern, or by brick pavers, flagstone, or some other material.
Civic spaces may include grassed areas, particularity for larger plazas,
in addition to water features and informational kiosks. Landscaping
and trees should be distributed throughout civic spaces in addition
to landscaped planters or beds containing flowers, shrubs, or other
vegetation, particularly along the periphery of the space. Civic spaces
may take the following forms:
COURTYARDSmaller open spaces typically providing seating and landscaping for use by the public for waiting areas, informal gatherings, or enjoying the outdoors. See Figure 2-4.
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Figure 2-4: Courtyard
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PLAZALarger open spaces serving the same function as a courtyard but may include larger grassed areas, more substantial landscaping, and areas for community gatherings, concerts, or performances. See Figure 2-5.
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Figure 2-5: Plaza
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An area of unobstructed vision at a street intersection defined
by lines of sight between points a given distance from the intersection
of street center lines.
A retail business selling limited ready-to-eat food and/or
beverages where customers are served from an ordering counter for
either on- or off-premises consumption ("counter service"). Typical
food provided includes but is not limited to bakery items, candy,
nuts and confections, ice cream and frozen desserts, and premade sandwiches.
Coffee shops may also provide limited outdoor seating. This use does
not include a mobile food vendor.
A use of land or improvements thereto for the purpose of
engaging in retail, wholesale, or service activities for profit (i.e.,
not a public or nonprofit use).
An antenna for receiving or transmitting wireless signals.
Any pole, telescoping mast, tower tripod or other structure
which supports a communications antenna.
A building used for recreational, social, educational, and
cultural activity, open to the public, typically owned and operated
by a municipality, other governmental agency, or a nonprofit group.
An area of land to be maintained for the use and enjoyment
of residents of an associated development and/or for the general public.
It shall consist of landscaped or natural terrain including lakes,
streams, woodlands, and open areas, and may include such buildings
as are necessary to fulfill its permitted functions, but the area
of common open space shall not include street right-of-way, stormwater
management facilities, or yard or off-street parking areas required
for residential or other uses permitted by this chapter.
A space which will remain totally dry during flooding, the
structure is designed and constructed to prevent the passage of water
and water vapor.
The Comprehensive Plan of the Borough of West Grove, Chester
County, Pennsylvania, as adopted and amended from time to time.
The measurement of the ability of a system of streets or
pedestrian amenities (sidewalks, bike lanes or paths, trails) to provide
multiple routes and connections serving the same origins and destinations.
Simply stated, a high degree of connectivity means there are a variety
of ways to get from point A to point B. (Based on PennDOT 2012 PUB
731)
A facility designed and operated for mature adults, which
meets the definition of "housing for older persons" as set forth in
the Fair Housing Amendments Act of 1988, as amended, that may offer
one or more levels of assistance, including but not limited to independent
living, assisted living, and skilled nursing, and may offer a continuum
of housing, services and health care systems, all in one building,
campus, or site. These facilities require state and federal licenses
in order for them to provide care by registered nurses, licensed practical
nurses, and certified nurse aids. Such facilities are operated for
adults, generally 55 years old or older, that may include one or any
combination of the following:
INDEPENDENT LIVINGThis type of facility provides attentiveness for seniors who can essentially take care of themselves but need someone to sporadically check on them or be on call for certain needs. Independent living may take place in a congregate care center (communal setting), apartments, or facility where there are independent living units which may be rental-assisted or market-rate housing.
ASSISTED LIVINGAssisted-living facilities typically involve a congregate care (communal) or apartment-style facility designed to focus on providing assistance with daily living activities. Assisted living provides a higher level of service which may include preparing meals, housekeeping, dressing, bathing, medication assistance, laundry, and regular check-ins on the residents. Assisted living is designed to bridge the gap between independent living and skilled nursing home facilities.
SKILLED NURSING (NURSING HOME)Skilled nursing homes are traditional nursing facilities. They provide medical nursing service for residents with serious illnesses or disabilities 24 hours a day where patients generally rely on assistance for most or all daily living activities.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes.
Offices and storage facilities for uses, including but not
limited to plumbers, heating and air-conditioning contractors, excavators,
carpenters, painting contractors, wastewater treatment system contractors,
electricians, well drillers, and similar uses, in which primary work
takes place off premises.
A small (less than 5,000 square feet in size) retail store
or shop intended to serve local residents and visitors that sells
limited items such as candy, ice cream, soft drinks, lottery tickets,
cigarettes and other tobacco products, newspapers and magazines, hygiene
products, a limited selection of food, some groceries, and potentially
auto-related products such as motor oil, windshield washer fluid,
radiator fluid, and maps, including but not limited to delicatessens,
newsstands, and small food markets with building design similar to
the surrounding structures in the traditional neighborhood development.
An alteration of a building, structure, or land, or change
of an existing use, to a new use.
A use involved in the incineration of deceased where ashes
are collected for permanent burial or storage in urns, utilizing a
certified apparatus for the cremation process.
The outer edge of a cartway.
A gap in a curb to enable vehicular access to a driveway
or alley or for a sidewalk or pedestrian facility.
A facility which, on a daily basis, exclusively provides
supplemental care and supervision and/or instruction to children or
adults who are not all related to the caregiver or operator, where
tuition, fees or other forms of compensation are charged, whether
governmentally subsidized or not, and which is licensed or approved
to dispense such care by the Commonwealth of Pennsylvania, and whether
operated for profit or not-for-profit. The following definitions are
included but are subject to change in accordance with other applicable
regulations not specified herein or by the Pennsylvania Department
of Human Services, which shall prevail in case there is a conflict:
Home-based operations:
FAMILY CHILD DAY-CARE HOMEA location other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children unrelated to the operator. A family child day-care home shall have a certificate of registration from the Pennsylvania Department of Human Services in order to legally operate. This use is typically a home occupation.
GROUP CHILD DAY-CARE HOMEThe premises in which care is provided at one time for more than six but fewer than 16 older school-age level children or more than six but fewer than 13 children of another age level who are unrelated to the operator. The term includes a facility located in a residence or another premises. A group child day-care home shall have a certificate of compliance ("license") from the Pennsylvania Department of Human Services in order to legally operate. This use is typically a home occupation.
HOME CHILD DAY CAREThis is nonintensive home occupation serving less than four children unrelated to the homeowner, falling below the number of children requiring a license or registration required by the Pennsylvania Department of Human Services.
CHILD DAY-CARE CENTER (COMMERCIAL DAY CARE)The premises in which care is provided at any one time for seven or more children unrelated to the operator. A child day-care center shall have a certificate of compliance ("license") from the Pennsylvania Department of Human Services in order to legally operate. This use is typically a nonresidential use.
An unroofed structure that is a platform supported by pillars
or posts, either freestanding or attached to the principal structure,
that shall meet all applicable setbacks for the zoning district in
which the structure is located and may be considered a permeable surface
(not impervious) so long as the deck surface is open (allowing for
water to pass between gaps in the deck surface) and the ground surface
below the deck allows for the infiltration of water (i.e., uncompacted
crushed stone, grass/bare earth, etc.). A deck is different than a
porch in that decks are not necessarily attached to the dwelling unit
and typically have neither a roof or are enclosed.
Any act of pulling down, removing, dismantling, or razing
a portion of a building, structure, or piece of equipment.
A measure of the number of units per unit of area. It shall
be expressed in dwelling units per gross acreage for the parcel or
tract on which the development is located.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made, a subdivision
of land or a land development.
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.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
The outside bark diameter of a tree at breast height which
is defined as 4.5 feet (1.37 meter) above the forest floor on the
uphill side of the tree.
A state of missing parts or pieces that would be obvious
to a casual observer; however, disrepair does not indicate an implied
state of aesthetics. For example, an automobile missing a fender,
hood, wheels, a door, or having major damage that would imply the
automobile is nonfunctional or in disrepair would fit this definition;
however, an automobile with faded paint, scuffs, scratches, or other
minor, superficial, or otherwise aesthetic imperfections would not
be considered in a state of disrepair.
A zoning district designated by this chapter and whose boundaries
are depicted on the Zoning Map for the Borough of West Grove.
A zoning district designated by this chapter and whose boundaries are depicted on the Zoning Map for the Borough of West Grove, apply only to specific designated areas, or for certain features as determined by the text of this chapter and delineated in Article III, Establishment of Districts.
A vehicular access from a street or right-of-way to no more
than two dwelling units.
A private drive providing a defined safe and orderly point
of access across sidewalks, curbs, and buffer areas between a public
or private street and off-street parking or loading areas within a
land development and/or drive servicing more than two units of occupancy
(multifamily developments).
An accessory use to an establishment which, by design, physical
facilities, service or by packaging procedures, encourages or permits
customers to receive services or obtain goods while remaining in their
motor vehicles.
The primary use of a parcel in a residential zoning district.
Except as otherwise permitted by this chapter, there shall be only
one principal dwelling (building) on each lot.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
Dwelling units may be arranged in the following manner. See
Figure 2-6.
SINGLE-FAMILY DETACHEDA building providing one dwelling unit used exclusively for occupancy by one family with building having independent access and yards on all four sides of the dwelling: two side yards, one front yard, and one rear yard.
SEMIDETACHED DWELLINGA building designed for and containing two independent dwelling units, each with separate access and separated by a party wall. Semidetached dwellings may be referred to in one of the following two configurations or some other similar arrangement:
TWINA building consisting of two attached buildings (semidetached), each containing one independent dwelling unit separated by a vertical party wall and each dwelling unit existing on a separate lot. Each dwelling unit has one side yard opposite the side with the party wall, one front yard, and one rear yard. Dwelling units could be considered "side by side."
DUPLEXOne building consisting of two dwelling units separated by a horizontal party wall on the same lot. Dwelling units could be considered "over-under."
MULTIFAMILYA building containing three or more dwelling units. Multifamily units may be arranged in the following configurations: townhouses, apartment building, mixed use.
TOWNHOUSEA single-family attached dwelling unit in a row of a minimum of three such units in which each dwelling unit has independent access to the outside, there is only one dwelling unit from ground to roof, and each dwelling unit is separated from any other dwelling unit by one or two vertical fire-resistant party wall(s). Dwelling units with two party walls have no side yards, and end units have one side yard opposite the side with the party wall. Townhouses may or may not exist on independent lots.
APARTMENT BUILDINGA building or part of a building containing three or more independent dwelling units for rent, separated by party walls, regardless of configuration. Each dwelling unit has independent access; however, in some cases, access to the outside may be accomplished by a common hallway in accordance with building codes and fire regulations.
MIXED USEDwelling unit(s) above or behind a nonresidential use within the same building, physically separated from any other dwelling unit or nonresidential use. Each dwelling unit shall have independent access to the outside; however, in some cases, access may be accomplished by a common hallway for dwelling units in accordance with building codes and fire regulations. The outside access shall be separate from the access for the associated nonresidential use. Mixed use may qualify as multifamily where there are three or more dwelling units.
RESIDENTIAL CONVERSIONA change in residential use from one single-family dwelling unit to no more than three dwelling units in the same building. One unit shall be considered a principal use owned and occupied by the owner of the property, while the remaining units may be rented or leased.
APARTMENTA dwelling for a single family that may occur in one of several variations, including but not limited to apartments above or behind nonresidential uses (mixed use), conversion of a single-family detached dwelling to apartments (residential conversion), or an apartment building.
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Figure 2-6: Dwelling Unit Types
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An interest in land owned by or granted to another that entitles
the holder to specific limited use or enjoyment.
Use of land or building(s) for the establishment and maintenance
of a college, secondary, or elementary school, or other educational
institution for the primary purpose of instruction and learning, including
but not limited to instruction directed toward moral, intellectual,
or physical instruction, and may be either public or private in nature.
A use requiring certification, licensing, or review by the Pennsylvania
Department of Education. Day-care facilities and studios are not included
in this definition.
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)]
Facilities housing public emergency service providers, including
but not limited to police, fire, and ambulance/emergency management
technician.
An enlargement is an addition to the floor area of an existing
building, an increase of size of another structure, or an increase
in that portion of a lot occupied by an existing use.
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.
The face of a building, typically the face containing the
main entrance to the building, or any face fronting upon a public
street.
The Zoning Officer or other official Borough representative
shall have the authority to determine whether a group of individuals
is living together as the functional equivalent of a family for purposes
of this section. For this chapter, the term is defined to include:
A single person occupying a dwelling unit.
Any number of persons related by blood, marriage or adoption,
including foster children and including not more than two other persons,
for example, boarders, lodgers or domestic help.
Not more than three unrelated persons living together as a single
cooperative household unit.
A group of individuals with disabilities living together as
the functional equivalent of a family and entitled to a reasonable
accommodation to allow them adequate housing choices pursuant to the
Federal Fair Housing Amendments Act of 1988 (42 U.S.C. § 3601
et seq.) and the Pennsylvania Human Relations Act (43 P.S. §§ 951
to 963).
A structure consisting of natural and/or man-made materials
designed to enclose an outdoor activity or serve as a screen or barrier
between uses or lots.
Any act by which earth, sand, gravel, rock or any other material
is placed, pushed, dumped, transported or moved to a new location
above the natural surface of the ground or on top of the stripped
surface and shall include the conditions resulting therefrom. The
difference in elevation between a point on the original ground and
a designated point of higher elevation on the final grade. The material
used to make a fill.
A temporary inundation of normally dry land areas.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1Â 1/2 feet.
A flood that, on the average, is likely to occur once every
100 years (i.e., that has one-percent chance of occurring each year,
although the flood may occur in any year).
Land areas which are subject to partial or complete flooding
from an adjoining or nearby stream, river, or watercourse. For the
purpose of this chapter, the floodplain shall include but may not
be limited to the area included in the Flood Hazard Overlay.
A relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
Any combination of structural and nonstructural additions,
changes or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The designated area of a floodplain required to carry and
discharge floodwater of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
The sum of the area of the several floors of a building or
buildings measured from the face of the exterior walls or from center
lines of walls separating two buildings. In particular, floor area
includes but is not limited to the following:
Basement space if it meets the requirement of a building story.
Elevator shafts, stairwells, and attic space (whether or not
a floor has been laid) providing structural headroom of eight feet
or more.
Roofed terraces, exterior balconies, breezeways or porches,
provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling purposes (including
but not limited to hallway, kitchen, and bathrooms), no matter where
located within the building.
The area of accessory buildings.
The sum of the gross horizontal areas of the several floors
of a building or structure from the exterior face of exterior walls,
or from the center line of a wall separating two buildings, but excluding
any space where the floor-to-ceiling height is less than six feet.
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. Related definitions
include:
FELLINGThe act of cutting a standing tree so that it falls to the ground.
LANDINGA place where logs, pulpwood, or firewood are assembled for transportation to processing facilities.
LITTERDiscarded items not naturally occurring on the site, such as tires, oil cans, equipment parts, and other rubbish.
OPERATORAn individual, partnership, company, firm, association, or corporation engaged in timber harvesting, including the agents, subcontractors, and employees thereof.
PRE-COMMERCIAL TIMBER STAND IMPROVEMENTA forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, too small or otherwise of limited marketability or value.
SKIDDINGDragging trees on the ground from the stump to the landing by any means.
SLASHWoody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees or shrubs.
STANDAny area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.
STREAMAny natural or artificial channel of conveyance for surface water with an annual or intermittent flow within a defined bed and bank.
TIMBER HARVESTING, TREE HARVESTING or LOGGINGThe part of forestry involving cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.
TOPThe upper portion of a felled tree that is not merchantable because of small size, taper or defect.
Attribute of 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 intensity is emitted at or
above an angle 10° below that horizontal plane, at all lateral
angles around the fixture. See Figure 2-7.
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Figure 2-7: Full Cut-Off
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A building or part thereof used for human funeral services.
Such building may contain space and facilities for the embalming and
performance of other services in preparation of deceased for burial;
the storage of caskets, urns and other related supplies; the display
of deceased and rituals connected thereto; and the storage of funeral
vehicles.
An accessory building or a part of a principal building comprised
of enclosed space for the storage of one or more vehicles or belongings
of the owner, provided that no business, occupation or service, as
defined herein, is conducted for profit, nor space for more than one
vehicle or belongings is leased to a nonresident of the premises.
All table refuse, animal and vegetable matter, offal from
meat, fish and fowl, vegetables and fruits and parts thereof, and
all other articles and materials ordinarily used for food, for humans
or domestic animals, and which have become unfit for such use or which
are discarded for any reason.
Excessive brightness in the field of view that causes loss
in visual performance or annoyance, so as to jeopardize health, safety
or welfare. Light caused by either the direct visibility of an exposed
light source or by the reflection of a light source that is sufficient
to cause annoyance, discomfort, or loss in visual performance or visibility.
Illumination beyond property lines caused by direct or specularly
reflected rays from incandescent, fluorescent, or arc lighting, or
from such high-temperature processes as welding, petroleum or metallurgical
refining.
The West Grove Borough Council, Chester County, Pennsylvania.
The completed surfaces of lawns, walks, parking lots, and
roads brought to grades as shown on official plans or designs relating
thereto.
A retail store having a majority of sales in food products
intended for off-premises preparation and consumption, that sells
a general line of food products, such as canned and frozen foods;
fresh fruits and vegetables; fresh and prepared meats, fish, and poultry;
and nonfood grocery products such as pharmacy, nonprescription medicines,
and personal care products, combined with the larger variety and size
of a superstore format. Grocery stores are 5,000 square feet or larger.
The floor of a building nearest the mean grade of the front
of the building.
A facility providing shelter, counseling and other rehabilitative
services in a family like environment that may include minimum supervisory
personnel, as required to meet standards of the licensing agency.
A group-care facility shall be licensed and/or approved if and as
required by the appropriate agency. A group-care facility shall be
permitted within and considered a single-family detached dwelling.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the United States Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register.
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 Interior.
A business or commercial activity administrated 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
the residential use. (See Section 107 of the MPC.[1]) An intensive home occupation is one that exceeds the
minimum requirements of a no-impact home-based business; for example,
a home occupation that includes one or more employees that are not
residents of the dwelling unit in which the home occupation is located.
The use of land for the growing or production for income
of fruits, vegetables, flowers, nursery stock, including ornamental
plants and trees, and cultured sod.
Quantity of light, measured in footcandles.
A surface that has been compacted or covered with a layer
of material so that it prevents or is resistant to infiltration of
water, including but not limited to structures such as roofs, buildings,
storage sheds; other solid, paved or concrete areas such as streets,
driveways, sidewalks, parking lots, patios, swimming pools, tennis
or other paved courts; or athletic playfields comprised of synthetic
turf materials. Compacted soils or stone surfaces used for vehicle
parking and movement shall be considered impervious. Surfaces that
were designed to allow infiltration (i.e., areas of porous pavement
or noncompacted stone surfaces) will be considered on a case-by-case
basis by the Municipal Engineer, based on appropriate documentation
and condition of the material, etc. See Figure 2-8.
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Figure 2-8: Impervious Coverage
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Grading, paving, roads and streets, walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm drains, stormwater retention, detention basins, and other related drainage facilities, recreational facilities, open space, and public facilities as may be required by Chapter 350, Subdivision and Land Development, as amended.
A building or grounds, typically open to or available to
the public by a public, nonprofit, or governmental agency, including
but not limited to libraries, hospitals, place of worship, educational
uses, nursing homes, municipal uses, and similar organizations, including
but not limited to the YMCA, YWCA, Boy Scouts, and Girl Scouts.
Predominantly nonnative, nonindigenous, alien tree, shrub,
vine, or herbaceous species that grow or reproduce aggressively, usually
because they have few or no natural predators, and which can so dominate
an ecosystem that they kill off or drive out many indigenous plant
species. (See Appendix A for a list of invasive species.[2])
Used and discarded materials, including but not limited to
wastepaper, rags, glass, metal, machinery, equipment, building materials,
house furnishings, machinery, vehicles or parts thereof. It shall
not include, however, refuse or garbage kept in a proper container
for the purpose of prompt disposal.
An area of land (with or without buildings) used for outside
storage or a completely enclosed building housing used and/or discarded
materials (junk) with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. The deposit or storage
on a lot of two or more unlicensed, uninspected, wrecked or disabled
vehicles, excluding usual farm equipment, or the major part thereof,
shall be considered a junkyard. The storage of toxic wastes, radioactive
materials, poisons, and other substances which are potentially harmful
to man are excluded from this definition.
A commercial use that is the principal use of land on which
animals (excluding livestock, horses, or poultry) are kept, boarded,
raised, bred, treated, sold, or trained for a fee, including but not
limited to dogs or cats. This use shall include but is not limited
to commercial kennels or boarding kennels in accordance with applicable
state laws. For the purpose of this definition, the production of
more than two litters in any calendar year shall be considered breeding.
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.
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.
Development in accordance with Section 503(1.1) of the Pennsylvania
Municipalities Planning Code (as amended).[3]
The legal or beneficial owner 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 he is authorized
under the lease to exercise the rights of the landowner, or other
person having a propriety interest in the land.
A planted visual barrier composed of a variety of deciduous and evergreen plants, bushes, and trees arranged to form both a low-level and high-level screen in accordance with this chapter and Chapter 350, Subdivision and Land Development, where applicable.
Landscaping includes, but is not limited to, grass and other
plantings, such as ground covers, trees and shrubs.
A business premises equipped with individual clothes-washing
and/or drying machines for the use of retail customers, exclusive
of laundry facilities provided as an accessory use.
An institutional use in which literary and artistic materials,
such as books, periodicals, newspapers, pamphlets, prints, records,
and tapes, are kept for reading, reference, or lending.
A Pennsylvania registered professional engineer, registered
landscape architect, registered professional land surveyor, or registered
professional geologist, or any person licensed by the Pennsylvania
Department of State or qualified by law to perform the work required
by the chapter within the Commonwealth of Pennsylvania.
Any method or equipment used to provide artificial illumination.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade or provides backlighting for recessed faces.
DIRECT or FLOODThat form of lighting wherein the source is visible or the light is distributed directly from it to the object to be illuminated.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected to a suitable reflector from which it is reflected to the object to be illuminated.
An off-street area on the same lot with a building or contiguous
to a group of buildings, for the temporary parking of a commercial
vehicle while loading or unloading merchandise or materials, and which
abuts on a street or other appropriate means of access.
A parcel of land held in single or separate ownership and
which is separately described by metes and bounds, the description
of which is recorded in the office of the Recorder of Deeds of Chester
County by deed description, or which is described by a duly approved
and recorded subdivision plan on file in the office of the Recorder
of Deeds of Chester County. The term "lot" shall include a designated
parcel, plot, site, tract, area of land, or any other similar term
established by a plat or otherwise as permitted by law to be used,
developed, or built upon as a unit. See Figure 2-9 depicting different
lot configurations.
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Figure 2-9: Lot Diagram
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A lot bounded on a minimum of two sides by streets whenever the lines of such streets extend from an interior angle of 135° or less. Both yards adjacent to streets shall be considered front yards. The remaining two yards shall be side yards. See § 400-68B(7).
A lot which is connected to a public street by a strip of
land a minimum of 50 feet in width that is part of the lot, but that
is not used in determining the applicable minimum lot area requirement.
Flag lots shall meet the lot width requirements specified in the applicable
zoning district at the front yard building setback line.
A lot other than a corner lot.
The minimum lot width at the minimum required front yard.
See "nonconforming lot."
A lot that fronts upon two parallel streets or upon two streets
that do not intersect at the boundaries of the lot.
The area of land contained within the limits of the property
lines bounding a lot, as shown on a deed, survey, plot, subdivision
or land development plan, excluding any portion of a lot included
in street and railroad rights-of-way, utility easements, and stormwater
management areas.
The percentage of the lot area comprised of impervious coverage
(surface).
The property lines of a lot from which building setbacks
and yard areas are measured. See Figures 2-9 and 2-19.
FRONT LOT LINEThe line separating the lot from the street right-of-way.
REAR LOT LINEThe property line in the rear yard except in the case of a double frontage lot where it shall be the right-of-way line of a street.
SIDE LOT LINEThe property line in the side yard, except in the case of a corner lot right-of-way line of the street.
The horizontal distance measured at the minimum required
front yard between the side lot lines and perpendicular thereto. See
Figures 2-9 and 2-19.
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.
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)]
The processing and/or converting of raw unfinished or finished
materials or products, or of any combination, into an article or substance
of a different character, or for use for a different purpose. Manufacturing
may include but is not limited to the production, processing, cleaning,
testing, repair, storage, and distribution of materials, goods, and
foodstuffs, but shall not include a junkyard or the slaughtering of
animals.
A home built off site from the location on which the home
is to be located and lived within. A manufactured home, typically
referred to as factory built, industrialized housing, modular, or
prefabricated, may be in one of the following types:
A structure, transportable in one or more sections, which is
built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes mobile home, park trailer, travel trailers, recreational
and other similar vehicles which are placed on a site for more than
180 consecutive days.
A structure, transportable in one or more sections, designed
for placement upon a permanent foundation when attached to the required
utilities, including but not limited to modular homes or double-wide
homes that may be attached side-by-side, stacked, or any variety of
configuration. This type of manufactured home does not have axles
and may or may not have a frame or permanent chassis.
A building and lot for the examination and treatment of persons
as outpatients by licensed physicians or medical specialists practicing
medicine as a group during office hours. Uses providing overnight
lodging of patients or prolonged surgical procedures (inpatient) shall
not be considered medical clinics. Medical clinics may include limited
secondary facilities such as lab facilities and pharmacies to service
patients. Medical clinics may include but not be limited to urgent
medical care centers and facilities offering minor medical treatment
for illnesses or minor outpatient surgeries.
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.
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 exit 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, electric wiring or mechanical or other
work affecting public health or general safety.
Development or occupancy of a building (mixed-use building)
or development of a single parcel or adjoining parcels or tracts that
includes more than one principal use [residential and nonresidential
(retail/office/etc.)] providing for a variety of activities throughout
the day.
Buildings that include more than one category of principal
use. Typical configurations include retail stores or personal service
shops on the first floor with offices/studios or residential dwelling
units above.
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 on its own axles. A mobile home is built on a
permanent chassis, 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 with or without a permanent
foundation. A mobile home may be referred to as a manufactured home.
Such designation shall in no way alter the intent of this chapter.
A parcel of land in a mobile (manufactured) home park, improved
with the necessary utility connections and other appurtenances necessary
for the erections thereon of a single mobile (manufactured) home.
Any lot, parcel, contiguous parcels, or tract of land designated,
maintained, improved, or intended for the purpose of supplying a location
for or accommodation of two or more mobile home lots or upon which
more than one mobile home is provided or located, whether or not a
charge is made for the use of the mobile home park and its facilities,
and shall include all buildings and structures used or intended for
use as part of the park. A mobile home park shall not include a mobile
home sales lot upon which unoccupied mobile homes are parked for the
purpose of inspection or sale.
A telecommunications tower consisting of a single pole, constructed
without guy wires or ground anchors.
Any automobile, van, recreational vehicle, racing car, bus,
motorcycle, or any motorized means of human transport or any part
thereof, regardless of functional condition or state of repair.
Any building, structure or use of land by West Grove Borough
or a municipal authority/commission created by the West Grove Borough
Council.
The Pennsylvania Municipalities Planning Code (MPC), Act
247 of 1968, P.L. 805, as amended, 53 P.S. § 10101 et seq.
A species of plant or other organism that has traditionally
inhabited or grown in, or is naturally occurring in a specified location,
region or ecosystem, and which was not introduced to that location
as a result of human activity, either intentionally or accidentally.
Structures for which the start of construction commenced
on or after the effective date of this chapter, and includes any subsequent
improvements thereto.
A public or nonprofit (not for profit) use and/or a residential
use.
A lot of which the area or dimension does not conform to
the applicable provisions of the district in which it is located where
such lot lawfully existed prior to enactment of this chapter or amendment
thereto.
A building, structure, sign or any part thereof which does
not conform to one or more of the applicable use provisions of this
chapter and district in which it is located, where such building lawfully
existed prior to the enactment of this chapter or amendment thereto.
A use whether of a structure or land, or improvements thereto,
which does not comply with the applicable use provisions of this chapter
or the district in which it is located, where such use lawfully existed
prior to the enactment of this chapter or amendment thereto.
Any use which does not include a residential dwelling unit,
including but not limited to commercial, industrial, governmental,
and institutional uses.
Any wall, dam, wharf, embankment, levee, dike, projection,
excavation, channel, rectification culvert, building, fence, stockpile,
refuse, fill, structure, or matter in, along, across, or projecting
into any channel, watercourse, or flood-prone area, which may impede,
retard, or change the direction of the flow of water either in itself
or by catching or collecting debris carried by such water or is placed
where the flow of the water might carry the same down stream to the
damage of life and property.
A use involving the carrying on of a profession including,
but not limited to physicians, dentists, architects, engineers, accountants,
attorneys, planners, real estate brokers, and insurance agents entitled
to practice under the laws of the Commonwealth of Pennsylvania.
An area of land and/or water open to the sky and typically
including lawn, grassed, or landscaped areas substantially free of
structures and paved areas, primarily for common enjoyment and recreational
use of a development or the general public, but not including individually
owned private yards.
An outdoor area of an associated restaurant, used for the
express purpose of providing outdoor seating for patrons, where food
and/or beverages from the associated use are consumed on the premises
at tables, chairs, or other furnishings at the front or to the side
of a use. Outdoor dining is typically located adjacent to a public
street or a parking area, and is operated on the same property and
adjacent to and in conjunction with the associated use. Outdoor dining
does not refer to outdoor dining to the rear of a property, areas
not adjacent to a street or parking area, or enclosed dining facilities
with open windows.
An outdoor area of a tract utilized for purposes of displaying
articles for sale as part of a retail establishment, typically on
a sidewalk, front walkway, or otherwise in front of the associated
business. Display areas shall not include outdoor storage as defined
herein.
The keeping of goods or materials for present or future use,
in an unenclosed outdoor area, including but not limited to building
products, raw materials, parts, machinery, and storage containers
kept in the same place for more than 24 hours, excluding outdoor display
areas as defined herein. Outdoor storage shall include that which
is contained within trailers or similar vehicles.
A tract of land designated and used for public active or
passive recreation, typically owned and operated by a municipality
or nonprofit organization.
PARKING LOTAn off-street, all-weather paved area at ground level, designed and used for the parking of vehicles that shall include but not be limited to parking spaces, aisles, maneuvering space, interior islands, buffers, and access driveways but not include loading and unloading areas.
PARKING, ON-STREETParking for motor vehicles within the road right-of-way, typically parallel to the curbline.
PARKING, OFF-STREETParking for motor vehicles outside of a road right-of-way as an accessory use required for each use to serve the parking requirements and needs of the associated use(s).
PARKING, OFF-SITEOff-street parking for a use that is not located on the same lot as the building for which the parking is required, where permitted.
PARKING, PRIVATEA parking lot for the exclusive use of the owners, occupants, or visitors of the lot on which the parking area is located.
PARKING, PUBLICParking spaces made available to the public by the municipality or a private organization or business for free or for a fee, including, but not limited to parking lots, structures, or on-street parking that is not required parking associated with a specific use.
PARKING, SHAREDRequired off-street parking that is shared between more than one use in accordance with the applicable regulations of this chapter.
PARKING SPACEA space designed for the parking of one motor vehicle.
PARKING STRUCTURE (PARKING GARAGE)A covered structure or portion of a structure, other than a private garage, which is used for temporary parking of private vehicles. Parking structures may be permitted as an accessory use on the same lot or off site to fulfill off-street parking requirements for an associated use, as the principal use on a lot where permitted to serve the public, or a combination thereof. See Figure 2-10.
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Figure 2-10: Parking Structure
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A common shared wall between two separate structures, buildings,
or dwelling units such as between two-family dwellings (twins) or
townhouses on the same lot or on separate lots.
An improved or hardened (paved or permeable) outdoor surface
with no structural support, located at ground level, typically adjacent
to a primary structure for outdoor enjoyment.
When required herein, that amount of land required for the
location of adequate sidewalks, parking spaces, driveways, or other
access roads. In the computation of a paved area, the actual building
area shall be excluded. Paved area includes areas consisting of brick,
stone, concrete or asphalt.
The design of communities, neighborhoods, streetscapes, buildings
and other uses that promotes pedestrian comfort, safety, access and
visual interest.
A surface that presents an opportunity for precipitation
to infiltrate into the ground, including but not limited to cobblestones,
spaced pavers, tiling and other surface approved by the Borough Engineer.
Includes 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.
Establishments primarily engaged in providing services involving
the care of a person or his or her apparel and offers only limited,
if any, products for sale, including but not limited to barbershops,
salons, tanning salons, tailors, optometrists, and beauticians.
A building or structure, or groups of buildings or structures,
which by design and construction are primarily intended for the conducting
of organized religious services and accessory uses.
An impervious extension from a dwelling unit for access to
a front, side or rear door of a structure. A porch is typically elevated
and may consist of poured concrete, supported wood framing, or other
similar construction that abuts the dwelling unit. A porch is different
than a deck in that decks are not necessarily impervious surface,
not necessarily attached to the dwelling unit, and typically neither
enclosed or roofed. A porch may be unenclosed, partially enclosed
(screened), covered (roofed), or enclosed, and are typically at the
front of a building for access to an entrance. See Figure 2-11.
Uncovered porch. A porch with no roof, open to the sky.
Covered porch. A porch that has a roof and may have railings.
Enclosed porch. A porch that has a roof and is enclosed by a
combination of railings, walls, and permanent or detachable glass
or wire screening.
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Figure 2-11: Porch
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Uncovered Porch
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Unenclosed Covered Porch
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Enclosed Porch
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A local office where mail is received, sorted, and delivered,
and where stamps and other postal materials are sold.
Not publicly owned, operated, controlled or available for
use to the general public.
This use may include buildings and/or structures for meetings,
social quarters, restaurants, recreation facilities, and other similar
uses, provided that all services shall be provided solely for members
and their guests and that a particular activity shall not be one which
is customarily carried on as a business. Applicable groups include
associations of persons for some common nonprofit activity, but not
including groups organized primarily to render a service which is
customarily carried on as a business, including but not limited to
the Boy Scouts, Elks Club, Fraternal Order of Police, military veterans
association, swim clubs, and the YMCA.
Owned, operated or controlled by a government agency (federal,
state, or local), including a corporation and/or board created by
law for the performance of certain specialized governmental functions
or a use available for use by and to the general public (i.e., not
a private club, use, or organization or a commercial for-profit use).
Water and wastewater services provided by connection to the
public water system and wastewater system owned and operated by West
Grove Borough and the West Grove Borough Authority.
A formal meeting held pursuant to public notice by the Borough
Council, or Zoning Hearing Board, intended to inform and obtain public
comment prior to taking action in accordance with this chapter.
A forum held pursuant to notice under 65 Pa.C.S.A. Ch. 7
(relating to open meetings). (MPC)
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.
Public and semipublic uses generally of a welfare and educational
nature that are open and available to the general public, including
but not limited to hospitals, schools, parks, places of worship, cemeteries,
municipal buildings, and recreational facilities.
A corporation registered and regulated by the Pennsylvania
Public Utility Commission which is engaged in regularly supplying
the public with a commodity or service which is of public consequence
and need, such as electricity, gas, water, transportation, or communications.
A facility or office related to the administration or function
of a public utility, including but not limited to administrative offices,
facilities for storage of maintenance supplies and vehicles, telephone
central office, or similar use.
Structures or facilities, including but not limited to transformer
stations, pumping stations, relay stations, towers, switching centers,
water and wastewater treatment plants, and other similar structures
or uses, exclusive of administrative and office activities necessary
to the operation of a public utility corporation.
A building or area in which freight brought by train/railroad
is transferred and/or temporarily stored for routing in intrastate
or interstate shipment by motor truck and vice versa. This use includes
dock facilities, either partially enclosed or unenclosed, for the
purposes of transferring goods.
Equipment on a private residential property for the use and
enjoyment of the owner and/or their guests, including but not limited
to swing sets, playground equipment, soccer goals, volleyball nets,
basketball courts and/or hoops, and tennis courts.
INDOOR RECREATIONAn entirely enclosed, indoor facility within a building or structure providing a source of amusement, entertainment, or recreation. Indoor recreation may include but is not limited to bowling alleys, skating rinks, tennis courts, athletic courts (basketball, volleyball), indoor swimming pool, gyms for weight training and similar athletic training, indoor golf centers, indoor batting cages or any other similar use.
OUTDOOR RECREATIONAn unenclosed or outdoor facility providing recreational opportunities. Outdoor recreation may include but is not limited to parks, open space, playing fields (football, soccer), miniature or pitch and putt golf courses, batting cages, swimming pools, athletic courts, or any other similar use.
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.
Reusable material, including but not limited to clear glass,
colored glass, aluminum, steel and bimetallic cans, high-grade office
paper, newsprint, corrugated paper, plastics and other materials designated
as recyclable under the Pennsylvania Municipal Waste Planning, Recycling
and Waste Reduction Act.[4]
All combustible refuse and incombustible refuse, referred
to collectively.
COMBUSTIBLE REFUSEAll paper, straw, excelsior, packaging materials, rags, rubber, shoes and such other refuse as may result from ordinary housekeeping and commercial pursuits and which may be burned by fire.
INCOMBUSTIBLE REFUSEAll discarded articles or materials other than sewage, liquid waste, garbage and combustible refuse.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damage occurred.
A commercial establishment where food and/or beverages are
prepared and served to the public for sale and consumption on and/or
off the premises.
A completely indoor facility for the testing, research, or
development of materials, products, chemicals, but not for production
or sale.
An establishment wherein the primary use is the retail sale
of merchandise to the general public in small quantities, in broken
lots or parcels, not in bulk, for use or consumption by the immediate
purchaser, including but not limited to the sale of dry goods, food,
clothing, flowers, drugs, household supplies or furnishings, watches,
and jewelry.
Area of land reserved or dedicated as a street, alley, railroad,
trail, utility, or for any other public or private purpose.
A public thoroughfare for vehicular traffic and/or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, or however designated.
An area of land adjacent to a body of water and managed to
maintain vegetation to protect the integrity of stream channels and
shorelines, to reduce the impact of upland sources of pollution by
trapping, filtering, and converting sediments, nutrients, and other
chemicals, and to supply food, cover and thermal protection to fish
and other aquatic species and wildlife.
The use of plant materials, fencing, walls, or berms to aid
in the concealment of such features as parking areas and the vehicles
within them, and to provide a vertical barrier between land uses which
abut one another.
A structure, the design and construction of which is compatible
with that of the principal dwelling or structure on the lot, including
but not limited to a fence or wall constructed to screen a use from
an adjacent use or to create privacy for a designated space on a lot
A business which is either only open during certain times
of the year, or largely dependent on income earned during certain
times of the year, including but not limited to ice cream parlors,
produce vendors, and landscaping materials outlets.
The required distance an object shall be placed from another
referenced point as specified by individual requirements within this
chapter. Certain setbacks are different from and independent of required
minimum yards.
A group of commercial establishments planned, constructed,
and managed as a total entity on the same lot or tract, either within
a single structure (attached) or in separate structures, with customer
and employee parking provided on site, provision for goods delivery
separated from customer access, aesthetic considerations, protection
from the elements, signs, and landscaping and screening.
A pedestrian route, typically constructed of concrete and
parallel to a street that provides a means for pedestrians to travel
within the public right-of-way while physically separated from vehicular
traffic. Sidewalks are designed for pedestrian use.
Any object, device, display, or structure, or part thereof, which is used to advertise, identify, display, direct, or attract attention to an institution, organization, business, product, service, event, or location by any means, including but not limited to words, letters, figures, design, symbols, fixtures, colors, or illumination. See Article XIX for definitions of individual sign types and other sign-related terms.
The ownership of a lot and/or dwelling by one or more persons,
which ownership is separate and distinct from that of any adjoining
property.
The development and/or maintenance of a forest or wooded
preserve.
The degree of vertical deviation of a land surface from the
horizontal which is expressed as a percentage.
Anywhere on a site or property where naturally occurring
slopes meet or exceed percentages as delineated by this chapter.
Permission, approval or authorization granted by the Zoning Hearing Board for particular uses in accordance with the provisions of Article XXI.
A special approval which is required for hospitals, nursing
homes, jails, and new manufactured home parks and subdivisions and
substantial improvements to such existing parks when such development
is located in all or a designated portion of a floodplain.
Drainage runoff from the surface of the land resulting from
precipitation or snow or ice melt.
Any feature, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff quality, rate, or quantity. Typical stormwater management facilities
include, but are not limited to, detention and retention basins, open
channels, storm sewers, pipes, and infiltration facilities.
A story is that portion of a building located between the
surface of any floor and the ceiling or roof next above it.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways or easements used
or intended to be used by vehicular traffic or pedestrians, whether
public or private, but not including pedestrian trails or paths.
The center of the surveyed street right-of-way, or where
not surveyed, the line which is an equal distance from the edge of
the cartway on either side of the street.
A minor street intersecting another street at one end and
terminating at the other in a vehicular turnaround.
Items within the street right-of-way, including but not limited
to benches, lighting, bicycle racks, drinking fountains, kiosks, and
similar pedestrian amenities located within a street right-of-way.
Lighting within the street right-of-way to provide illumination
for motorists and pedestrians.
The legal right-of-way line of a street dividing the legal
limit of a public street from a lot. When a future right-of-way line
has been established, the street line shall be the line of such future
right-of-way.
A tree within a street or public right-of-way.
The continuous or semi-continuous wall of buildings adjoining
a sidewalk or pathway at the edge of the street right-of-way, created
by setback and yard requirements.
The shortest distance between street lines measured at right
angles to the center line of the street.
The space formed by buildings located close to the street,
embellished with sidewalks, street trees, streetlights, hanging baskets,
decorative awnings, window boxes, planters, raised plantings, benches,
decorative lighting, decorative paving, curbs, street furniture, and/or
on-street parking. The streetscape is framed by generally two-story
buildings which create the "street walls" of an "outdoor room" that
is characteristic of a traditional town center. The following associated
definitions coincide with items that assist in the formation of a
streetscape:
BENCHOutdoor seating provided as part of a streetscape to the public. See Figure 2-12
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Figure 2-12: Bench
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BRICKS OR TEXTURED PAVINGPaving in the form of colored and/or stamped concrete, colored or patterns of brick pavers, and the like to provide visual interest as opposed to standard concrete paving for example. See Figure 2-13.
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Figure 2-13: Decorative Paving
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DECORATIVE LIGHTINGLighting in addition to necessary streetlighting, required lighting for safety, or otherwise required that provides aesthetics to a streetscape at night. See Figure 2-14.
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Figure 2-14: Decorative Lighting
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HANGING BASKETA planter hung from a streetlight or cantilevered from a structure. See Figure 2-15.
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Figure 2-15: Hanging Basket
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RAISED PLANTINGA raised planting bed built either as part of a structure, a wall, or freestanding to provide green space and aesthetics as part of a streetscape. See Figure 2-16.
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Figure 2-16: Raised Planting
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STREET PLANTERA planter placed at ground level to provide green space and decoration. See Figure 2-17.
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Figure 2-17: Street Planter
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WINDOW BOXA planter attached at the base of a window. See Figure 2-18.
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Figure 2-18: Window Box
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COURTYARDA public space smaller than a plaza. See "civic space."
PLAZAA public space larger than a courtyard. See "civic space."
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, manufactured
homes, and other similar items. This term includes any man-made object
having an ascertainable stationary location on or in land or water,
whether or not affixed to land.
A structure subordinate to the principal structure on a lot
and used for a purpose customarily incidental to those of the principal
structure. See also "use, accessory."
A structure or, where the context so indicates, a group of
structures, in or on which is conducted the principal use of the lot
on which such building is located.
A structure without any foundation or footings and which
is removed when the designated time period, activity, or use for which
the temporary structure was erected has ceased.
See definition of "nonconforming structure."
A building or portion of a building used as a place of instruction
where students are taught for a fee, including but not limited to
instruction for art, photography, dance, musical instruments, linguistics,
athletics, martial arts, specific educational tutoring, or other similar
specialized subjects. A studio is not a public or private educational
use such as an elementary or high school pursuant to the review of
the State Board of Education.
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 residential dwellings, shall be exempted.
The Subdivision and Land Development Ordinance (SALDO) of the Borough of West Grove, Chester County, Pennsylvania: Chapter 350, Subdivision and Land Development, of the Code.
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the 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:
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."
A man-made water-filled enclosure, excluding ponds or natural
water features, permanently constructed or portable, having a depth
of water of 24 inches or greater, in the ground, at ground level,
or above ground, used and maintained for swimming and bathing.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone messages between
subscribers, and other business of the telephone company, including
but not limited to public business facilities, storage of materials,
trucks or repair facilities, or housing of repair crews.
A building or part of a building devoted to the showing of
motion pictures or theatrical productions.
An improved facility generally constructed outside of a road
right-of-way to facilitate pedestrian and/or bicycle transportation.
Trails may include but are not limited to:
SHARED-USE/MULTIUSE TRAILSA facility that is physically separated from the roadway and typically accommodates bidirectional travel by both bicyclists and pedestrians. The trail can be located within a publicly owned right-of-way, an exclusive right-of-way, or an easement. Shared use trails typically have an improved surface and recommended width (per AASHTO) of 10 feet, although a minimum width of eight feet may be used where space is constrained or in environmentally sensitive areas.
USE-RESTRICTED/SINGLE-USE TRAILSTrails that are primarily used for one form of travel or by one type of user such as cyclists or pedestrians. These trails are typically paved or have an improved surface.
A man-made or placed material on the traveled part of the
trail, such as asphalt, concrete, stone dust, or similar surface,
but not a naturally occurring surface such as dirt or grass, or wood
chips.
A verminproof, airtight container utilized for temporary
storage of rubbish which is disposed of on a regular basis.
A building or area in which freight brought by motor truck
is assembled, temporarily stored, and/or transferred for routing in
intrastate or interstate shipment by motor truck. This use includes
dock facilities, either partially enclosed or unenclosed, for the
purposes of transferring goods or breaking down and reassembling tractor-trailer
loads for transport. Not included in this definition are warehouse
facilities or similar facilities used primarily for freight forwarding
and the deposit, storage or safekeeping of goods.
A structure, such as a lattice tower, guy tower or monopole
tower, constructed as a freestanding structure or in association with
a building, other permanent structure or equipment. The term includes
radio towers, microwave towers, common carrier towers and cellular
telephone towers on which is located one or more antennas intended
for transmitting or receiving analog, digital, microwave, cellular,
telephone, personal wireless service or similar forms of electronic
communication.
An area of land, parcel(s), lot(s), or property which is
under single and separate ownership.
Any lot, tract or parcel of land which has not been graded
or in any other manner prepared for the construction of a building.
The currently adopted construction code mandated by the State
of Pennsylvania as administered by the Borough.
The specific purpose for which land or a structure is designed,
arranged, intended, or for which it is or may be occupied or maintained,
or any activity, occupation, business, or operation conducted in a
building or other structure. The term "permitted use" or its equivalent
shall not be deemed to include any nonconforming use.
A building, structure, or land or use thereof that is not
a principal permitted use, but which is clearly incidental and subordinate
to the associated principal permitted building, structure, or use
on the same lot.
A use permitted without special considerations, conditions,
or hearings, so long as it is a named use permitted by right in the
district in which it is located and meets all of the applicable area
and bulk requirements in addition to other applicable requirements
of this chapter.
A use which is not wholly appropriate to a zoning district,
but may be suitable to a particular area within a zoning district.
Conditional uses are allowed or denied by the Borough Council after
considering standards and criteria set forth in this chapter and the
Municipalities Planning Code.[7]
See "nonconforming use."
All uses allowed in accordance with the provisions of this
chapter.
The primary use of a lot. Except as specifically permitted
by this chapter, there shall be only one principal use on each lot.
A use which is not wholly appropriate to a zoning district,
but may be suitable to a particular area within a zoning district.
Special exceptions are allowed or denied by the Zoning Hearing Board
after considering standards and criteria set forth in this chapter
and the Municipalities Planning Code.[8]
A use established and permitted for a fixed period of time
and discontinued upon the expiration of the time period specified.
Permission, approval or authorization granted by the Zoning Hearing Board, constituting a modification or deviation from the exact provisions of this chapter as applied to a specific property in accordance with the provisions of Article XXI of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code.[9]
Any motor vehicle typically used for business, industrial,
office or institutional purposes having painted thereon or affixed
thereto a sign identifying a business, industry, office or institution
or a principal product or service of such, any motor vehicles that
are Class V vehicle or above, and vehicles primarily used for business
purposes, including but not limited to transporting equipment used
in a business or in accomplishing physical work as part of a business
(such as hauling material).
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles, directly from pumps and
storage tanks and which may include accessory facilities for rendering
services, such as lubrication, washing, and minor repairs, or may
be an accessory use itself where permitted by this chapter.
Any land, structure, or any building or part thereof, that
is primarily used for the mechanical repair or servicing of vehicles
(including, but not limited to, changing oil and/or other liquids)
or painting of bodies, chassis, wheels, fenders, bumpers and/or accessories
of automobiles and other vehicles of conveyance.
The use of any building, land area or the premises for the
display, sale and leasing of new or used automobiles, trucks or vans,
trailers, or recreational vehicles, including boats and motorcycles,
and which may include a vehicular repair shop as an accessory use
for warranty repair work and other repair service conducted as an
accessory use.
Natural plant material, including grasses, trees, shrubs,
and forest leaf litter, which is capable of preventing soil erosion,
retaining precipitation and moisture, and preventing the emanation
of dust during periods of dry weather. For the purposes of this chapter,
dead, dying, diseased, or decaying plant growth, except for existing
forest leaf litter, shall not be considered as vegetation and shall
not be adequate for landscaping purposes.
A mural, belt course, medallion, or other similar architectural
treatment that provides visual interest to otherwise blank expanses
of a wall.
Those areas that are inundated by surface 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. More specifically, any area meeting the official
wetland definition of the United States Army Corps of Engineers and
the Pennsylvania Department of Environmental Protection (PADEP). Where
a discrepancy exists between the wetland definitions of the United
States Army Corps of Engineers and the Pennsylvania Department of
Environmental Protection, the more restrictive definition shall apply.
A transitional area measuring 35 feet from the outer boundary
of an identified wetland.
A building constructed for the purpose of housing wireless
communications components, devises, cables, transmitters, hardware
and software.
An equipment enclosure, antenna, antenna support structure,
and any associated facility used for the reception or transmittal
of a radio frequency, microwave, or other signal. "Wireless communication
facility" does not include structures used exclusively for the Borough's
fire or police or exclusively for private, noncommercial radio and
television reception, private citizen's bands, amateur radio
and other similar noncommercial telecommunications where the height
of the facility is below the height limits set forth in this chapter.
The providing of fixed, mobile, radio location and/or satellite
communication services to individuals and/or business within a defined
area.
A structure, facility or location designed, or intended to
be used as, or used to support antennas or other devices for transmitting
or receiving wireless signals. A wireless telecommunications facility
includes a communications antenna, a communications support structure
and a wireless communications equipment building. A wireless telecommunications
facility also includes, without limit, antennas and towers of all
types and kinds and structures, whether installed on or in existing
structures such as a multistory building, steeple, silo, water tower,
sign or other structure, or constructed free standing, including all
related facilities such as cabling, equipment shelters and other structures
associated with the site. It is a structure and facility intended
for transmitting and/or receiving radio, television, cellular, paging,
911, personal telecommunications services, commercial satellite services,
microwave services and services not licensed by the FCC.
Any land area of a minimum of 0.25 acre with a natural or
naturalized ground cover (excluding manicured turf grass) and that
has an average density of two or more viable trees with a DBH of six
inches or greater per 1,500 square feet. The land area to be considered
woodlands shall be measured from the outer drip lines of the outer
trees.
An unoccupied space on the same lot with a building or structure.
(See Figure 2-19.)
FRONT YARDA yard extending the full width of the lot and located between the front lot line and the nearest wall of the principal building or structure on the lot.
SIDE YARDA yard located between the side lot line and the nearest wall of the principal building or structure on the lot and extending from the front yard to the rear yard.
REAR YARDA yard located between a rear lot line and the nearest wall of the principal building or structure on the lot, and extending the full width of the lot.
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Figure 2-19: Yard Requirements
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The minimum required distance of a yard as specified in the
zoning districts in this chapter. Depending on the size of a lot and
the size of a desired structure, yards may be larger than the minimum
required yard, but shall not be smaller. The remaining portion of
the lot (interior) of the required minimum yards is referred to as
the building envelope where a principal building or buildings may
be placed.
A building designed and used exclusively for supervised youth
activities and programs during day-time, night-time and weekend hours,
including but not limited to social activities, tutoring and mentoring,
after-school activities such as homework and school lesson assistance,
discussion groups, music and art lessons, concerts and dances, religious
activities and other youth oriented recreational activities.
The designation of specified districts within a community
reserving them for certain uses together with limitations on lot size,
heights of structures and other stipulated requirements.
The Zoning Hearing Board of the Borough of West Grove, Chester
County, Pennsylvania.
The Official Zoning Map of the Borough of West Grove, Chester
County, Pennsylvania.
The officer or other agent appointed by Borough Council and
charged with the enforcement of the Borough Zoning Ordinance.
An official appointed and authorized by the West Grove Borough
Council to undertake official Borough actions, including but not limited
to the receipt, approval and serving of Borough permits, enforcing
the UCC, and other business, which shall include, but not be limited
to, the Borough Zoning Officer, Building Inspector, Code Officer,
and other officials as appointed by Borough Council.
The Zoning Ordinance of the Borough of West Grove.
An addition, revision, or deletion to the West Grove Borough
Zoning Ordinance text and/or West Grove Borough Zoning Ordinance Map.
The authority for any amendment lies solely with the Borough Council.
A document signed by a Zoning Officer as required and defined
in this chapter.
[1]
Editor's Note: See 53 P.S. § 10107.
[2]
Editor's Note: Appendix A, Recommended Plant Lists, is included as an attachment to this chapter.
[3]
Editor's Note: See 53 P.S. § 10503(1.1).
[4]
Editor's Note: See 53 P.S. § 4000.101 et seq.
[6]
Editor's Note: See 53 P.S. § 10701 et seq.
[7]
Editor's Note: See 53 P.S. § 10101 et seq.
[8]
Editor's Note: See 53 P.S. § 10101 et seq.
[9]
Editor's Note: See 53 P.S. §§ 10601 et seq.
and 10901 et seq., respectively.
