A.
In interpreting this chapter, the following rules shall prevail:
B.
Words used in the present tense include the future. The singular
form of a word includes the plural and vice versa.
C.
The word "building" includes "structure" and any part thereof and
includes freestanding signs, antennas, towers, in-ground swimming
pools, windmills and solar collector panels.
D.
The phrases "used for," "arranged for," "designed for," "intended
for," "maintained for," and "occupied for" are used interchangeably.
E.
The word "person" includes an individual, corporation, partnership,
or any association of the above acting as an entity.
F.
The terms "includes" and "including" are not meant to limit the definition
to those enumerated examples but are intended to extend these terms
to all other instances of like kind and character.
G.
The words "shall" and "will" are mandatory and not discretionary.
The word "may" is permissive.
H.
The word "lot" includes the words "plot" and "parcel."
Terms and phrases used in this chapter are intended to convey
the meanings contained in the Pennsylvania Municipalities Planning
Code and in the following definitions:
A use or detached building which is incidental and subordinate
to the principal use or building on the same lot.
A dwelling unit that is secondary to and located upon the
same lot as a principal dwelling unit. The occupancy of the accessory
dwelling unit shall be limited to persons who are related by blood
or adoption to the occupants of the principal dwelling unit.
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture-producing devices
are maintained to show images to five or fewer persons per machine
at any one time or where the image is so displayed or distinguished
or characterized by depicting or describing specified sexual activities
or specified anatomical areas."
Any establishment offering "adult entertainment"; any cabaret,
dance hall club, tavern, bar, nightclub, restaurant or similar commercial
establishment offering entertainment used for presenting material
distinguished or characterized by an emphasis on matter depicting
or describing specified sexual activities or specified anatomical
areas, for observation by patrons therein, whether or not liquor is
sold on the premises. Such presentation or material may be live or
through films, motion pictures, video cassettes, slides or other photographic
reproduction depicting or describing specified sexual activities or
specified anatomical areas.
Live or non-live entertainment containing specified sexual
activities or displaying or presenting specified anatomical areas.
This definition is a broad overall definition which includes the activities
in an adult cabaret, adult dance hall, adult club, adult bar, adult
tavern, adult materials sales, adult mini motion-picture theater,
adult motion-picture theater and peep shows as part of its definition
for "adult entertainment."
The opening or commencement of any adult entertainment as a
new business;
The conversion of an existing business, whether or not an adult
entertainment, to an adult entertainment business;
The additions of any adult entertainment business to any other
existing adult entertainment business; or
The relocation of any adult entertainment business.
Any enclosed or semi-enclosed or unenclosed building which
houses a commercial establishment with the capacity for less than
50 persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas for observation by patrons
therein.
A hotel, motel or similar commercial establishment which
offers accommodation to the public for any form of consideration;
provides patrons closed circuit television transmissions, films, motion
pictures, video cassettes, slides or other photographic reproductions
which are used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas.
Any enclosed or partially enclosed or unenclosed building
which houses a commercial establishment with the capacity of 50 or
more persons used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specified sexual
activities or specified anatomical areas for observation by patrons
therein.
Any contrivance, except an unpowered hang glider or parachute,
used for manned ascent into a flight through the air.
Philadelphia International Airport.
Any structure or object, natural or man-made, or use of land,
which obstructs the air space required for flight or aircraft and
landing or taking off at an airport or is otherwise hazardous as defined
by "airport hazard" in 74 Pa.C.S.A. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this chapter and
Act 164 of 1984, the Aviation Code, 74 Pa.C.S.A. § 5101
et seq.
A public or private right-of-way primarily designated to
serve as secondary access to the side or rear of those properties
whose principal frontage is on some other public way.
The construction or renovation of a portion of a building
which involves any change or replacement of a structural element of
the building other than those changes specifically excluded by the
definition of "minor alteration."
The construction or renovation of a portion of a building,
which:
Does not involve any change or replacement of structural elements
of the building, provided that said alteration does not increase the
number of residential or commercial units beyond that which is permissible
in the district regulations.
Involves structural changes or replacement, but only to the
extent that:
A landowner or developer who has, personally or through his
heirs, successors and assigns, filed an application for land development.
A surface longitudinally centered on the extended runway
center line, extending outward and upward from the end of the primary
surface and at the same slope as the approach surface zone height
limitation slope set forth in this chapter. In plan, the perimeter
of the approach surface coincides with the perimeter of the approach
surface zone.
A building or series of buildings containing residential
living facilities for person age 55 or older and which provides personal
and health care services, twenty-four-hour supervision, and various
types of assistance in daily living.
A use in which the practice of astrology, palmistry, phrenology,
fortune-telling, cartomancy, clairvoyance, clairaudience, crystal
gazing, mediumship, prophecy, augury, seership, necromancy, and other
similar practices is performed as a business.
A building for which the principal purpose is the sale or
lease of new or used automobiles. This shall be interpreted to include
new or used automobile sales or rental lots and associated vehicular
storage as an accessory use only, but shall not be interpreted to
include the sale, rental or storage of "junked" automobiles or automobiles
intended for disassembly and sale of used parts.
A commercial establishment, under license from the Pennsylvania
Liquor Control Board, which is principally engaged in the retail sale
of alcoholic beverages, with food only incidental to the sale of alcohol.
A tract of land bounded by streets, public park area, railroad
rights-of-way, streams or the corporate boundary line of the Township.
An individual who is not related to the head of the household
in which he resides and who purchases or leases accommodations which
consist of less than a dwelling unit as defined herein.
Any dwelling in which two or more individuals are housed
or lodged who are not related, under the definition of "family" herein,
to the head of household in which he/she resides and who purchases
or leases accommodations which consist of less than a dwelling unit
as defined herein.
A strip of required yard space adjacent to a property line or district boundary of a width as prescribed herein. The buffer planting strip shall be landscaped for its entire length and shall consist of rows of high and low level vegetation in such a manner as to produce an effect and immediate visual screen to adjacent properties or districts. The high level vegetation shall consist of evergreen trees of minimum initial height of five feet, planted 10 feet on center. The low level vegetation shall consist of alternating rows of evergreen shrubs of initial height of not less than two feet and planted in alternating rows five feet on center. Vegetation planted in accordance with these requirements and the specifications of Chapter 506, Trees, Article I, Shade Trees, of this Code, whichever is more stringent, shall be replaced whenever warranted because of death, disease or removal.
A land area that may be used to buffer and/or otherwise screen land uses and that is composed of one or more of the following: wooded areas, streams, stream corridors, steep slopes, swamps, floodplains, wetlands, and radical topographic features. Such land may be used to satisfy all or portions of buffer/screening requirements. Use of any natural buffer must also comply with the requirements of Chapter 305, Floodplain Management, of the Code and the Riparian Corridor Overlay District.
The aggregate of all horizontal cross-sectional areas of all buildings on a lot, including roofed porches, breezeways and balconies, but excluding sidewalks, driveways, and other hard surface areas not directly related to a building, and also excluding such projections into required areas as are permitted in Article X, § 550-44. The area of in-ground swimming pools is included in the building coverage. Decks, patios, sheds, detached garages, aboveground pools, etc., shall not be counted towards building coverage in residential districts.
The line parallel to the street equal to the required lot
width and which is set back from the right-of-way line a distance
at least equal to the minimum required front yard in the district.
Anything, other than a sign or fence as permitted by this
or other appropriate ordinances, which is constructed or erected with
a fixed location on the ground or attached to something having a fixed
location on the ground. In-ground swimming pools are considered structures.
Flag poles, ornamental decorations, statues, bird baths, etc., are
not considered structures.
The term used to describe the size of buildings and their
relationship to each other, to open areas such as yards, and to property
lines.
A commercial educational facility that offers instruction
and practical introductory experience in skilled trades.
A structure used for the cleaning and polishing of the exterior
and interior surfaces of an automobile, including self-service car
washing establishments, but excluding a one-bay washing facility which
is accessory to a gasoline service station or an automobile sales
agency.
The surface of a street or alley available for vehicular
traffic.
Land used or intended to be used for the burial of the remains
of the deceased. A columbarium is considered to be a cemetery.
A statement signed by a duly authorized Township official
stating that a building or use legally complies with this chapter
and other applicable codes.
See "religious assembly."
Any establishment that is devoted to, marketed as, or designed
for, whether as its primary use or as an ancillary use, the on-premises
use of cigars or tobacco products not including hookah. This includes,
but is not limited to, establishments variously known as cigar lounges,
cigar clubs, cigar bars or smoking parlors. Sales of cigars or cigar
accessories are permitted as an ancillary use as long as they remain
secondary in nature.
[Added 7-10-2024 by Ord. No. 3155]
Escalating violations of special exception requirements may
result in loss and/or suspension of use and occupancy permit. A revocation
or suspension of a use and occupancy permit may be reinstated by the
Director of L&I and or the BCO upon petition and the presentation
of substantial evidence that the offending cigar lounge has remediated
the violations resulting in the revocation or suspension.
An organization which provides social, recreational, educational,
athletic or cultural activities for members and their guests.
A vehicle used as a commercial vehicle in connection with
a commercial enterprise, trade, profession or industry by the owners
or users of said vehicle.
A facility used to provide social and recreational programs
generally open to the public and designed to accommodate and serve
some segment of the community.
A building or series of buildings containing residential
living facilities intended as housing for persons age 55 or older
and which offers the residents of such facility the opportunity to
receive their meals in a central dining facility, to receive housekeeping
services and to participate in activities, health services, and other
services offered through a central management structure/service.
A building, except a hospital, used for the care, treatment
or lodging for three or more persons who are infirm or otherwise suffering
from chronic physical or mental illness.
A change in the use of a building from the use for which
it was originally intended.
A lot located at the intersection of two or more streets.
A facility that provides care and feeding during the business
day for more than five children, babies or elderly adults who must
not be left alone.
The number of dwelling units per acre of lot area.
A building or combination of buildings used for living quarters
as an accessory use to a private school, college, university, convent,
monastery or other similar uses.
A private cartway located on private property, providing
vehicular access from such property to and from a public or private
street.
Any driveway located within an off-street parking area that
provides direct vehicular access to and from arterial and collector
streets.
A form of access which is not a street, but extends from
a street, serving to provide common vehicular access to more than
one residential lot.
Any driveway located within an off-street parking area that
provides vehicular access to and from parking spaces.
One room or a group of rooms connected together, constituting
a separate housekeeping unit, which at a minimum must include living
and/or sleeping rooms, cooking facilities and sanitary facilities.
A building designed for or occupied exclusively as a residence
by two or more families living independently of each other. Multifamily
dwelling may include apartment buildings, apartment hotels, retirement
apartments, and group homes.
A building designed for or occupied exclusively as a residence
for only one family (as defined herein), having two party walls in
common with other primary structures at each side of the residence;
except in the case of the end of a row, in which case there shall
be only one party wall. Front and rear areas are provided in every
case, but a side yard is found only in the case of the end of a row.
Single-family attached dwellings are often called row homes or townhouses.
A building designed for or occupied exclusively as residence
for only one family (defined herein), having no party walls in common
with any other adjacent primary structures and having yard areas on
all four sides.
A building designed for or occupied exclusively as a residence
for only one family (defined herein), having one party wall in common
with an adjacent primary residence and having a front, rear and one
side yard area; corner lots, no side yard.
A building designed exclusively for or occupied as a residence
for two families (defined herein), living independently of each other,
with one family living wholly or partly over the other family, and
the building having no party walls in common with any adjacent primary
buildings. Yard areas are provided on all four sides.
A building designed exclusively for or occupied as a residence
for two families (defined herein), living independently of each other,
with one family living wholly or partly over the other family, and
the residences sharing one common party wall with an adjacent primary
structure. A front, rear, and one side yard is provided, except that
corner lots have no side yard.
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)]
The largest number of persons to be employed in the building
in question during the largest shift at any time of the year.
The Federal Aviation Administration of the United States
Department of Transportation.
The face of a building that is exposed to public view.
Any number of individuals living in a single, nonprofit housekeeping
unit and doing their cooking on the premises, when said individuals
are related by blood, marriage, or adoption, living together as a
single, nonprofit housekeeping unit and doing their cooking on the
premises. A "group home," as defined herein, shall be considered a
family. This term specifically excludes individuals and groups occupying:
a boarding or rooming house, a lodging house; a club; a group home,
except as defined herein; a fraternity; a hotel; or a similar living
environment.
[Amended 11-11-2020 by Ord. No. 3082; 4-21-2021 by Ord. No. 3092]
The group shares the entire dwelling unit.
The group lives and cooks together as a single housekeeping
unit.
The group shares expenses for food, rent, utilities or other
household expenses.
The group is permanent and stable, and not transient or temporary
in nature.
Any other factor reasonably related to whether the group is
the functional equivalent of a family.
An enclosing or dividing barrier for land, yard or gardens
made of wood, stone, metal or other suitable materials, which is intended
to prevent straying from within or intrusion from without. Retaining
walls shall be considered to be fences subject to the provisions herein
to the same extent that such walls protrude above the highest point
of the grade.
The sum of the area of all the floors of a building as measured
to the outside surface of exterior walls and including halls, stairways,
elevator shafts, closets, restrooms, and similar areas of a structure,
but excluding basement and subsurface areas that are used only for
mechanical equipment and off-street parking.
The total floor area designed for tenant occupancy, including
basements, mezzanines and upper floors, if any, expressed in square
feet measured from center lines of joint partitions and exteriors
of outside walls. The "gross leasable area" shall not include the
area of loading docks or mechanical and electrical equipment penthouses
and rooms.
The floor area of a building, excluding space devoted to
fixed hallways, elevator shafts, stairwells, balconies, restrooms,
closets and mechanical areas.
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
See "club."
A deck or patio that is not attached to the primary structure.
A lot or area of land, together with the structures upon
them, which are used for the retail sale of motor fuel and lubricants
and which may include the sale and installation of tires, batteries
and other automobile-related accessories. The hand washing of automobiles
is also included, but the painting, major repair, and body repair
of automobile is not included.
An accessory building intended to be used for the storage
of automobiles owned by individuals residing in residences which are
primary to this accessory use. No private garage shall be used for
any business, service or industry. No private garage may be used for
any purpose which would eliminate required off-street parking.
A building, other than a private garage, whether accessory
or primary, which is used for storage only.
See "group living quarters."
A residential facility used as living quarters by four or
more unrelated individuals, each of whom is a person with a disability
within the meaning of the Fair Housing Act, 42 U.S.C. § 3601
et seq., as amended, living together, long-term, as a single, nontransient
housekeeping unit, with such nonresident staff as may be needed to
assist the residents with their daily life activities. To be considered
a single, nontransient housekeeping unit, all residents must have
common use of and access to all living areas, eating areas, bathrooms,
and food preparation and serving areas. A group living quarter shall
be considered a "family," as defined herein. The maximum number of
residents for a "group living facility" as defined herein shall not
exceed the maximum number of occupants as set forth by the applicable
building code, fire code, and any other similar code that sets forth
a maximum occupancy limit for a dwelling or building.
[Amended 4-21-2021 by Ord. No. 3092]
As used for the purpose of determining the height limits
in all transitional surface zones set forth in this chapter and shown
on the Zoning Map, shall mean sea level elevation unless otherwise
specified.
The vertical measurement between the average elevation of
the proposed finished grade at ground level of the building and the
highest portion of the building, exclusive of chimneys, spires, tanks,
mechanical penthouses, and antenna(s) which are affixed to or projected
from a building for the reception of commercial radio or television
signals, provided that said exceptions do not exceed the maximum permissible
height by more than 10 feet and are set back from all roof edges one
foot for each foot of height over the maximum permissible height of
the building.
A non-impact home occupation is a business or commercial
activity administered or conducted as an accessory use which is clearly
secondary to the use as a residential dwelling and which involves
no customer, client or patient traffic (whether vehicular or pedestrian),
pickup, delivery or removal functions to or from the premises in excess
of those normally associated with residential use.
Any establishment that is devoted to, marketed as, or designed
for, whether as its primary use or as an ancillary use, the on-premises
use of smoking through a water pipe with a smoke chamber, a bowl,
a pipe and a hose, commonly referred to as a "hookah," and also known
as narghile, argileh, shisha, hubble-bubble and goza, or any similar
device used for on-premises smoking. The term "hookah bar" includes,
but is not limited to, establishments variously known as hookah parlors,
hookah cafes, and hookah lounges.
[Added 4-19-2017 by Ord.
No. 3038; amended 12-1-2021 by Ord. No. 3106; 7-10-2024 by Ord. No. 3155]
Escalating violations of special exception requirements may
result in loss and/or suspension of use and occupancy permit. A revocation
or suspension of a use and occupancy permit may be reinstated by the
Director of L&I and or the BCO upon petition and the presentation
of substantial evidence that the offending hookah bar has remediated
the violations resulting in the revocation or suspension.
An institution primarily for the inpatient diagnosis, treatment
and other medical care of humans and including related facilities
such as laboratory outpatient departments, training facilities, administration,
and similar facilities customarily provided by such institutions.
A building or a group of buildings having sleeping accommodations
available for temporary rental to transients together with required
off-street parking facilities, meeting rooms, common areas, and such
establishments for the sale of food and beverage as may be accessory
to the primary use. A tourist home shall be considered a hotel or
a motel.
The total paved and built-up area of a lot, including the
building coverage, driveways, off-street parking and loading areas,
sidewalks, swimming pools, tennis courts other than clay, and similar
areas.
The care and/or supervision of no more than five persons
under the age of 16 in a residential home, which persons are not related
by blood or marriage to the residents and/or occupants of the dwelling.
An area of land with or without buildings, which is used
for the outdoor storage and sale of used or discarded materials, including
wastepaper, rags, metal, building materials, house furnishings, machinery,
vehicles, and parts thereof. The deposit or storage of two or more
unlicensed, wrecked or disabled vehicles, or the major parts thereof,
shall be deemed a junkyard. Vehicles being repaired or awaiting repair
for a period not exceeding 30 days by an automobile repair establishment
permitted by this chapter shall not be classified as a junkyard.
A quantified measure of traffic congestion which indicates
the relative free flow of traffic identified by the following letter
scale:
LOS ARepresents the best operating conditions and is considered free flow.
LOS BRepresents reasonably free-flowing conditions but with some influence by others.
LOS CRepresents a constrained constant flow below speed limits.
LOS DRepresents traffic operations approaching unstable flow with severe restrictions in maneuverability.
LOS ERepresents unstable traffic flow near capacity.
LOS FRepresents the worst conditions with heavily congested flow and traffic demand exceeding capacity.
A paved, off-street space, accessible from a street or a
driveway, which is to be used by a vehicle for the temporary loading
and unloading of merchandise or materials.
See "club."
A tract of land which is described by a recorded deed or
is a part of a recorded subdivision and which is to be used, developed
or built upon for one building or a group of buildings, when permitted,
as a unit under single ownership and which has the required street
frontage.
The total horizontal area of the lot, except that no portion
of the lot within the right-of-way of a street shall be included in
the lot area.
The street line or the line separating the lot from the street
right-of-way.
Any lot line other than a front lot line which is parallel
with or within 45° of being parallel with the street line and
which does not intersect the street line.
Any lot line which is neither a front nor a rear lot line.
The horizontal measurement of the distance between the side
lot lines at the building line, equal to the minimum as required for
the zoning district.
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)]
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
[Added 4-19-2017 by Ord.
No. 3038]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
is registered with and permitted by the Department of Health of the
Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense
medical marijuana. The term does not include a "health care medical
marijuana organization" under Chapter 19 of the Medical Marijuana
Act.
[Added 4-19-2017 by Ord.
No. 3038]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
is registered with and permitted by the Department of Health of the
Commonwealth of Pennsylvania under the Medical Marijuana Act to grow
and process medical marijuana. The term does not include a "health
care medical marijuana organization" under Chapter 19 of the Medical
Marijuana Act.
[Added 4-19-2017 by Ord.
No. 3038]
A parcel of land under single ownership which has been planned
and improved for placement of mobile homes for nontransient use, consisting
of two or more mobile home lots.
A building, lot or use which does not comply with one or more of the provisions of this chapter, but which was a legal building, lot or use at the time of the enactment of the chapter by virtue of its compliance with the provisions of the Zoning Ordinance in effect at the time of its creation or by virtue of the fact that the building, lot or use was created prior to the enactment of any Zoning Ordinance in this Township. Nonconforming buildings, lots and uses are governed by the regulations contained in Article X, § 500-48 hereof.
The appearance of the specified anatomical areas without
any coverings on the body area.
See "convalescent home."
Off-street parking areas provided on a site other than the
one on which the principal use is located.
The sale of any goods, wares or merchandise by any individual,
partnership, association or corporation, or by any agent thereof at
an off-street site rented from or owned by any other individual, partnership,
association or corporation when the goods, wares or merchandise are
not being sold or exhibited in connection with the existing business
being conducted upon the same premises for which the off-street site
is being used.
A regulatory tool that creates a special zoning district,
placed over an existing base zone(s), which identifies special provisions
in addition to those in the underlying base zone. The overlay district
can share common boundaries with the base zone or cut across base
zone boundaries. Regulations or incentives are attached to the overlay
district to protect a specific resource or guide development within
a special area.
Any portion of a community or neighborhood shopping center
parking facility devoted to on-site patron parking and which, for
design purposes, may be treated as a unit apart from other parking
areas.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
An off-street area for the temporary storage of a motor vehicle.
Parking spaces may be provided on lots and/or in garages.
The hour-long period on any given day where the number of
vehicular trips generated by a land use or group of land uses is the
highest, typically occurring within the morning and evening commuter
periods.
Any enclosed or semi-enclosed or unenclosed building/enclosure
which houses a commercial establishment with the capacity for one
person, used for presenting material distinguished or characterized
by an emphasis on matter depicting or describing specific sexual activity
or specified anatomical areas for observation of parties therein.
Barbershops, beauty shops, nail salons, dry cleaners, tailors
and other uses which are of the same general character as those enumerated
herein. Tattoo parlors, astrology parlors, and massage parlors are
not considered to be personal service shops.
A building or use which constitutes the main building or
use upon the lot on which it is situated.
Any indoor or outdoor commercial enterprise which receives
a membership fee in return for the provision of some recreational
activity, including but not limited to racquet clubs, health facilities,
swimming pools, golf courses, basketball courts, etc.
The office of a physician, lawyer, dentist, architect, professional
engineer, clergyman or a member of similar professions, but not including
the office of a veterinarian, a real estate office, insurance office,
and like offices.
A building used for public worship by an organized congregation,
including buildings used for residential, educational or recreational
purposes which are accessory to the main religious assembly use.
Land set aside for public use or ownership as a street, sidewalk,
crosswalk, drainageway, utility course or other similar facility.
A strip of required preserved land adjacent to a perennial
or intermittent stream of a width as prescribed herein.
Lands adjacent to water bodies and watercourses.
A public or private educational facility having grades K
through 12 (or any consecutive combination thereof), and meeting Commonwealth
of Pennsylvania requirements, or providing undergraduate, graduate
or post-graduate education, including community colleges, and being
accredited. The definition for "school, college or university" shall
not include business or trade schools, which is defined separately
herein.
A building or series of buildings containing independent
dwelling units intended to provide housing for persons age 55 or older
not requiring health or other services, offered through a central
management structure/source. The facility may include ownership or
rental units and must be subject to appropriate covenants, conditions,
management policies or other procedures to ensure that the facility
provides only housing for persons age 55 or older, as defined above.
A distance from a property line, right-of-way, or easement
within which, except for permitted projections, building is prohibited.
A business or commercial enterprise that as one of its primary
purposes offers for any form of consideration:
Provides for parking spaces to be shared among different
structures or uses and can include properties with different owners.
Any grouping of retail, wholesale and service establishments
which are located on the same or contiguous lot or lots of land.
Any freestanding structure located in any area between the
main structure or structures and any lot line.
Any name, nameplate, billboard, poster, panel, display, illustration,
structure or device used for visual communication, which is affixed,
painted, or represented directly or indirectly upon a building or
other outdoor surface, for the purpose of bringing the subject thereof
to the attention of the public.
A retail sales or wholesale establishment primarily engaged
or marketed as selling tobacco, tobacco products/accessories, and/or
vaping products and accessories. A retail sales or wholesale establishment
which maintains 15% or greater of its retail floor space as calculated
per Subsection A of this section below, as tobacco, tobacco products
and/or accessories, and/or vaping products or accessories shall be
considered a tobacco store/smoke shop for the purposes of this chapter.
For the purposes of this chapter, a retail or wholesale establishment
which holds itself out as, or otherwise promotes or markets itself
as, a tobacco store, a smoke shop, a vape shop, a cigar shop, or a
similar establishment, shall also be considered a tobacco store/smoke
shop for the purposes of this chapter.
[Added 4-19-2017 by Ord.
No. 3038; amended 12-1-2021 by Ord. No. 3106; 7-10-2024 by Ord. No. 3155]
The smoke shop display area is calculated as follows:
Measure the total display area of tobacco products.
Measure area by multiplying length of tobacco products by width
of tobacco products. The area shall be measured by the largest geometric
rectangle formed by the extreme outside edge of the furthest item/accessory
as described in the definition of tobacco products.
This number will then be divided by the store' s retail floor
area and multiplied by 100.
The floor area will be calculated by measuring the area of usable
retail space. This space includes but is not limited to, shelf space,
floor displays, wall displays, customer seating, refrigeration units,
freezers lottery machines, ATMs, games of skill and counter space.
This area will not include storage areas, hallways, restrooms, offices,
kitchens and areas not accessible to the public.
Each smoke shop shall be located no closer than 1,000 feet from
any other tobacco store/smoke shop.
Each smoke shop shall be located no closer than 1,000 feet from
any public private or charter school.
There shall be one off-street parking space required for each
200 feet of gross floor area or fraction thereof.
There shall be adequate ventilation for occupied spaces.
All retail stores must group tobacco products together with
the exception of permitted smoke shops, which nevertheless, must comply
with all state and federal laws, statutes, and regulations for the
storage, safekeeping, handling, and display of tobacco products.
Escalating violations of special exception requirements may
result in loss and/ or suspension of use and occupancy permit. A revocation
or suspension of a use and occupancy permit may be reinstated by the
Director of L&I and or the BCO upon petition and the presentation
of substantial evidence that the offending hookah bar has remediated
the violations resulting in the revocation or suspension.
A residential facility used by four or more individuals residing
together voluntarily or by court requirement to recover from drug,
alcohol, and/or substance abuse and that does not include the current
illegal use of or addition to a controlled substance as defined in
21 U.S.C. § 802. Such facility must also serve as a transitional
environment between rehabilitation facilities and reintegration into
their future lives. This definition shall include, but not be limited
to, sober houses, recovery houses, or sober living environments. This
term specifically excludes individuals and groups occupying: a boarding
or rooming house, a lodging house; a club; a group living facility,
a fraternity; a hotel; or a similar living environment. The maximum
number of residents in a sober living home shall not exceed the maximum
number of occupants as set forth by the applicable building code,
fire code, and any other similar code that sets forth a maximum occupancy
limit for a dwelling or building.
[Added 4-21-2021 by Ord.
No. 3092]
Permission or approval granted by the Zoning Hearing Board for an exception in the use, area or other requirements of this chapter, where specific provision therefore is made in this chapter in accordance with the Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988. See Article XII.
Includes all land that has a grade of 25% or greater, meaning
that the elevation increases by 25 feet over a horizontal distance
of 100 feet.
That portion of any building other than the basement included
between the surface of any floor and the surface of the floor immediately
above it.
A private or publicly owned improved road or right-of-way
serving as a means of vehicular and pedestrian travel and providing
access to more than one lot.
The width or measurement of a lot at the street line.
The line dividing a lot from the right-of-way line or edge
of a private street or road.
A street connecting to major traffic generators and serving
a large volume of comparatively high-speed and long-distance traffic,
including all facilities classified as main and secondary highways
by the Pennsylvania Department of Transportation.
A street which, in addition to providing access to abutting
properties, intercepts local streets to provide a route giving access
to other arterial streets and major regional highways and community
facilities.
See "building."
A use in which any person other than a doctor employs any
method of placing designs, letters, scrolls, symbols or any other
indelible marks or figures upon or under the skin with ink or by insertion
of pigment or any other substance resulting in the coloration of the
skin or the production of scars by the aid of needles or any other
instruments designed to touch or puncture the skin.
No-permanent living quarters, whether motorized or otherwise,
which are primarily intended for recreational, camping or travel use.
Examples include, but are not limited to, recreational motor homes,
camper-trailers, and tents.
Tobacco products shall include, without limitation, any substance
containing tobacco leaf, including but not limited to cigarettes,
cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, chewing
tobacco, and related accessories, including, but not limited to, matches,
lighters, grinders, hookahs, pipes, cigarette rolling machines or
papers, ashtrays, pipe tools, pipe supplies and pipe accessories,
and vaping products and accessories. Vaping products and accessories
include, without limitation, e-cigarette or vape cartridges or refills,
vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes,
e-cigarettes, e-cigs, e-pipes, and any other electronic nicotine delivery
system ("ENDS"). ENDS shall be deemed noncombustible tobacco products.
[Added 7-10-2024 by Ord. No. 3155]
Shall refer to Upper Darby Township.
A building, structure or land owned and/or operated by Upper
Darby Township and used for a public purpose, except that Township
facilities shall not include public parks or schools.
A zone established beneath the transitional surfaces adjacent
to each runway and approach surface existing at the airport, the limits
of which are defined by a sloping lower surface which slopes seven
feet outward for each foot upward beginning at the sides of and at
the same elevation as the primary surface and the approach surface,
and extending to a height of 150 feet above the airport elevation,
which is 170 feet above mean sea level. Where the airport has a precision
instrument runway approach zone which projects beyond the conical
zone, there are established height limits sloping seven feet outward
for each foot upward beginning at the sides of and at the same elevation
as the approach surface, and extending a horizontal distance of 5,000
feet measured at 90° angles to the extended runway center line.
Those surfaces which extend outward at 90° angles to
the runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces, which project through and beyond
the limits of the conical surface, extend a distance of 5,000 feet
measured horizontally from the edge of the approach surface and at
90° angles to the extended runway center line.
The purpose for which a building or a lot or tract of land
is designed, arranged, intended, maintained or operated.
A modification granted by the Zoning Hearing Board to an
applicant, relieving the applicant from the strict application of
the requirement of the Zoning Ordinance as provided in the Municipalities
Planning Code.
A facility designed for the care and treatment of sick or
wounded domestic animals and the accessory boarding of the same.
A yard extending the full width of the lot along the street
line and not less in depth than the minimum required in each district,
measured to the building line. A corner lot shall have a front yard
setback on each street on which it abuts. However, when a corner lot
abuts on three streets then only two front yard setbacks are required
and the remaining frontage shall become a rear yard.
A yard extending the full width of the lot along the rear
lot line and not less in depth measured from the structure to the
rear lot line than the minimum required in each district. In the case
of a corner lot, the rear yard will extend only to the front yard
setback. There will be one side yard, one rear yard and two front
yards for each corner lot. If a corner lot abuts three streets, the
owner or developer must designate on the plot plan which street frontage
shall be the rear yard. Any street frontage which is so designated
as a rear yard must be contiguous to the side yard.
A yard extending along the side lot line from the front yard
to the rear yard and not less in width measured from the structure
to the side lot line than the minimum required in each district.
