A.Â
For the purposes of this Code, words and terms used herein shall
be interpreted as follows, unless a contrary intention clearly appears
in the text of a specific section:
(1)Â
Words used in the present tense shall include the future tense.
(2)Â
Words used in the singular shall include the plural, and those used
in the plural shall include the singular.
(3)Â
The word "person" shall include an individual as well as a corporation,
partnership, association, or other legal entity.
(4)Â
The word "lot" shall be interchangeable with the words "plot," "parcel,"
"premise" or "site."
(5)Â
The words "shall" and "will" are always to be construed as mandatory;
the words "may," "should," and "encouraged" are optional.
(6)Â
The words "used" or "occupied," when applied to any land or building,
shall include the words "arranged for," "designed for," or "intended
for."
(7)Â
The word "building" shall always be construed as if followed by the
words "or part thereof."
B.Â
Any word or term not specifically defined herein shall be construed
with a meaning of standard usage.
C.Â
For any word or term which is not defined in this article, but which
is defined in the Subdivision and Land Development Ordinance, Building
Code, or in any other applicable Code adopted by the Municipality
of Norristown, the definition in that ordinance shall apply.[1]
D.Â
All uses shall be construed in accordance with the use regulations
set forth herein.
As used in this chapter, the following terms shall have the
meanings indicated:
A driveway intended to provide vehicular and pedestrian access
from a public street to the internal portion of the lot.
A building subordinate to the principal building on the lot
and used for purposes customarily incidental to those of the principal
building.
A subordinate structure either detached from or attached
to a principal building on the same lot, which serves a purpose clearly
incidental to the permitted principal use of that lot or principal
building. Accessory structures include decks, fences, sheds, or other
similar buildings.
A use subordinate to the principal use of land or a building
or other structure on a lot and customarily incidental thereto.
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, films for sale or viewing
on premises by use of motion picture devices or any other coin-operated
means and other periodicals which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas, or an establishment
with a segment or section devoted to the sale or display of such material.
A premises operated for profit or not-for-profit in which
older adult daily living services, as defined and regulated by the
Pennsylvania Older Adult Living Centers Licensing Act of 1993 (6 Pa.
Code § 11.1 et seq.), are simultaneously provided for four
or more clients who are not relatives of the operator for part of
a twenty-four-hour day. An adult day-care center shall serve clients
with functional impairment who are 60 years of age or older, or who
are 18 years of age or older and have post-stroke dementia, Parkinsonism
or a dementia-related disease such as Alzheimer's or other organic
brain syndrome (6 Pa. Code § 11.2). The term does not include
services provided for persons whose needs are such that they can only
be met in a long-term facility on an inpatient basis receiving professionally
supervised nursing care and related medical and other health services.
A public or private establishment which is licensed to serve
food and/or alcoholic beverages, which features topless dancers, strippers,
male or female impersonators or similar entertainers.
An enclosed building used regularly and routinely for presenting
material having as a dominant theme material distinguished or characterized
by an emphasis on matter depicting, describing or relating to specified
sexual activities or specified anatomical areas for observation by
patrons therein.
A residential complex containing dwellings that are limited
to occupancy by persons who are 55 years of age or older or, if two
persons occupy a unit, at least one shall be 55 years or older. Such
facilities may include a congregate meals program in a common area
but exclude assisted living, housing for the elderly, or institutional
care such as medical or nursing care.
Any roadway or public way dedicated or opened to public use,
or shown on the Municipal Map and not opened, which is 20 feet or
less in width.
As applied to a building or structure, a change or rearrangement
in the structural parts, or an enlargement, whether by extending or
by increasing in height, or the moving from one location or position
to another. In the case of a nonconforming use, an alteration is any
change in or addition to a building which would prolong the life of
such use or building.
A change in the requirements of any use provided for in this
chapter, which would necessitate a revision to the Zoning Ordinance
text in order to accommodate the change, or a change in any zoning
district boundary which would necessitate a revision to the official
Zoning Map of the Municipality of Norristown. The authority for any
amendment lies solely with Municipal Council.
Telecommunications equipment that transmits and receives
electromagnctic radio signals used in the provision of all types of
wireless telecommunications services.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height. If the antenna or satellite dish is mounted on the roof of
a house or other building, the height shall be measured from the peak
of the roof to the top of the antenna or satellite dish.
A retail establishment used for the sale of antiques. "Antiques"
shall include works of art, pieces of furniture, decorative objects,
or similar collectibles belonging to the past, at least 30 years old.
An individual, partnership, corporation, or other legal representative
who, with the permission of the landowner of record, files an application
for any permit, use, or provision provided for in this chapter.
A written form supplied by the Municipality for a Municipal
approval, decision, or permit, including any accompanying site plan
and additional information and materials that the Municipality of
Norristown requires the applicant to submit.
A place or facility where electric or electronic machines
and games are played for amusement as the primary use.
This use includes premises used principally for the sale,
display and exhibition of fine arts and craft products. An art gallery
may include accessory production or instruction in the production
of arts and crafts using paint, clay, fabric or other medium.
An institution which provides daily assistance and residence
for elderly and disabled persons who require assistance and which
has installed convenience features designed for the needs of these
populations and provides common dining facilities, housekeeping, laundry,
transportation and organized social activities.
A facility intended to encourage physical conditioning activities
by the general public through the use of gymnastics, facilities and
equipment. Health-oriented treatments, including medication and massage,
are not permissible by this definition.
A rooflike shelter or canvas or other material which extends
over a doorway or window in order to provide protection from the sun
or rain.
A platform which projects from the exterior wall of a building
above the ground floor, exposed to the open air and has direct access
to the interior of the building, and is not supported by posts or
columns extending to the ground.
A station at a specified site authorized to communicate with
mobile stations generally consisting of radio transceivers, antennas,
coaxial cables, power supplies and other associated electronics.
A story partly underground but having 1/4 or more of its
height above the average level of the adjoining ground.
A window projecting outwards from the main wall of the building
either in a semicircular, rectangular or polygonal form.
An owner-occupied residential dwelling where lodging is offered for compensation, having no more than five guest sleeping rooms for this purpose. As part of the price of the room, guests may be provided with up to one meal per day. Bed-and-breakfast shall be developed in compliance with § 320-237 of this chapter.
The sale of small quantities of unopened beer, generally
six-packs or less, to the general public.
That portion of the street situated between two street intersections,
not including alleys, and shall include all properties located within
that section on both sides of the street.
Any structure having enclosed walls and a roof, including
all the uses contained therein, that is permanently located on the
land shall constitute a building.
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot above the ground level, measured at the
greatest outside dimension, excluding cornices, eaves, gutters or
chimneys projecting not more than 18 inches, bay windows not extending
through more than one story and not projecting more than five feet,
one-story open porches projecting not more than 10 feet, a porte cochere
or carport open on three sides and not more than 14 feet high and
20 feet in length, steps and balconies.
The aggregate area of a lot covered by principal and accessory
buildings, as measured at grade level. Building coverage area shall
not include cornices, eaves, gutters or chimneys projecting not more
than 36 inches, bay windows not extending through more than one story
and not projecting more than five feet, stoops, steps and balconies.
Building coverage shall be expressed as a percentage ratio of the
lot area covered by buildings divided by the total lot area.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot found
in the yard areas and rights-of-way.
The height of a building shall be measured from the average
ground level surrounding the building to a point midway between the
highest and the lowest point of the main roof. There shall be no structures
or projections above the main roof, except chimneys and housing for
mechanical equipment, which housing shall not exceed 12 feet in height,
except that the height of church spires shall be excluded in said
measurement.
The line which establishes the minimum depth of the front
yard for the particular district, as measured from the street line.
A building in which is conducted the principal use of the
lot on which it is situated.
An extension of a curb in the form of a bulb, usually at
an intersection, that narrows the vehicular pathway and inhibits fast
turns, and shortens the crossing distance for pedestrians.
See "basement."
A place for the disposal or burial of deceased human beings,
or pets, by cremation or in a grave, mausoleum, vault, columbarium
or other receptacle. The term does not include a private family cemetery.
Two wall planes intersecting with a diagonal cutoff such
as a beveled edge.
Any commercial establishment that primarily engages in the
business of cashing checks, warrants, drafts, money orders, or other
commercial paper serving the same purpose; however, "check cashing
facility" shall not include a state or federally chartered bank, savings
association, credit union, or industrial loan company.
Any dwelling, building or portion thereof in which child
day-care services are provided, including any on-site outdoor play
area. "Child day-care facilities" shall be further differentiated
by the following two classifications:
FAMILY DAY-CARE HOMEAny premises or dwelling unit, other than the childs own home, where the child-care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis up to six children who are not children of the caregiver. Family day-care homes shall be developed in compliance with § 320-216D of this chapter.
DAY-CARE CENTERA facility which is licensed to provide care for seven or more children at any one time, where the child-care areas are not being used as a family residence. Day-care centers shall be developed in compliance with § 320-216E of this chapter.
An establishment, the principal purpose of which is religious worship and for which the main building or other structure contains the sanctuary or principal place of worship. A church may include accessory uses in the main building or in separate buildings or structures, including Sunday school rooms and religious education classrooms, assembly rooms, a common kitchen, a library room or reading room, church offices, and/or day-care centers in compliance with § 320-216E. This does not include home meetings or other religious activities conducted in a privately occupied residence.
A type of general office consisting of a facility that provides
on-site assistance to persons with limited ability for self-care.
This term includes a facility that provides assistance for psychological,
psychiatric and/or medical problems, employment, welfare and other
similar forms of assistance. This term also includes agencies or business
entities that provide such assistance and operate on a not-for-profit
basis.
A private facility used by a specific group of people. When
in a residential development the clubhouse is considered an accessory
to the primary residential use.
[Added 9-21-2021 by Ord.
No. 21-10]
The placement or installation of new wireless telecommunications
facilities on previously approved and constructed wireless support
structures, including self-supporting or guyed monopoles and towers,
electrical transmission towers, water towers, or any other structure
not classified as a wireless support structure that can support the
placement or installation of wireless telecommunications facilities
if approved by the Municipality. The term includes the placement,
replacement, or modification of accessory equipment within a previously
approved equipment compound.
Commercial antennas include, but are not limited to, the
following: fixed-point microwaves used by telephone or other companies;
two-way radio from a base to land-mobile antenna (such as radio-dispatched
taxis); commercial AM and FM radio antenna, commercial UHF and VHF
television antenna; and antennas and dishes used for restaurants,
offices, industries or other businesses.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street-parking areas and areas set aside for public facilities,
such as mobile home park offices, community buildings, etc. Common
open space shall be substantially free of structures but may contain
such improvements as are in the development plan as finally approved
and as are appropriate for the recreation of residents.
A building to be maintained principally as a multi-purpose
space for gathering, recreation, and/or social activities of the general
public and is not operated for profit.
Maps, charts and descriptive matter officially adopted by
a Planning Commission or governing body showing, among other things,
recommendations for the most appropriate use of land; for the most
desirable density of population; for a system of thoroughfares, parkways
and streets; for parks and recreation areas; for the general location
and extent of facilities for water, sewer, light and power; and for
the general location, character and extent of community facilities.
An estate in real property consisting of an undividable interest
in a portion of real property (consisting of common elements) together
with a separate interest in a portion of real property as regulated
by Pennsylvania Act. No. 117, the Unit Property Act.[1]
A retail establishment in which used personal items such
as clothes, jewelry, or artifacts are resold through a broker for
the owner at an agreed-upon price.
A parcel of land situate at the junction of and fronting
on two or more intersecting streets.
Any horizontal member, structural or nonstructural, of any
building, projecting outward from the exterior walls at the roofline,
including eaves and other roof overhang.
A line drawn along the inside edge of the existing curb or
in its absence the outer edge of the shoulder, along which curbing
is or may be located excluding indented parking bays and bulb-outs/curb
extensions.
See "child day-care facility" above.
A structure without a roof or walls, attached to a principal
building and designed as a raised platform, and connected by structural
supports at grade or by the building structure.
See the definition for "lot area, net."
Any human-made change to an improved or unimproved parcel
of land, including but not limited to buildings or other structures,
the placement of mobile homes, streets or other paving, utilities,
mining, dredging, filling, grading, excavation, or drilling operations.
A network of spatially separated antenna nodes connected
to a common source via transport medium that provides wireless service
within a geographic area or structure.
A small roof projection above a door, attached to the exterior
of the primary front entrance of a dwelling unit.
A building or structure, the primary purpose of which is
to prepare food and beverages for sale and distribution to the public
and from which such sale and distribution can occur from within said
structure to customers continuing to occupy a vehicle outside of the
structure.
A building designed for and occupied exclusively for residential
purposes, not including hotels, rooming houses, tourist homes, institutional
homes and the like.
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLINGA dwelling designed for and occupied exclusively as a residence for one family and not attached to any other building or dwelling units, including trailers or mobile homes.
TWIN DWELLING (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side, and joined to each other by a vertical, common wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common wall. Each unit shall have individual outside access.
DUPLEX DWELLING (TWO-FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Each unit shall have individual outside access.
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. Each include, but not limited to, dwelling units commonly known as townhouses, rowhouses, triplexes, quadraplexes, and multiplexes.
TOWNHOUSEA single-family attached dwelling not less than 20 feet in width in a group of at least three units, with one dwelling unit from ground to roof, each with individual outside access.
ROWHOUSEA single-family attached dwelling up to 20 feet in width in a group of at least three units, with one dwelling unit from ground to roof, each with individual outside access.
MULTIPLEXAn attached dwelling arranged in a variety of configurations: side-by-side, back-to-back, vertically, or some combination thereof. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house or townhouse.
[Amended 9-21-2021 by Ord. No. 21-10]
MULTIFAMILY DWELLINGA detached residential building containing three or more dwelling units. Units may not be arranged entirely in horizontal rows (like townhouses or rowhouses) and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies and similar facilities. The dwelling units cannot be individually lotted, but instead share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as a rental or condominium development. This dwelling type includes but is not limited to low-rise, mid-rise and high-rise apartments and multifamily conversions as defined below.
LOW-RISE APARTMENTAn apartment building not exceeding three stories and 36 feet in height, also known as a "garden apartment."
MID-RISE APARTMENTAn apartment building exceeding three stories and 36 feet in height but not exceeding six stories and 72 feet in height.
HIGH-RISE APARTMENTAn apartment building exceeding six stories and 72 feet in height but not exceeding 10 stories and 120 feet in height.
APARTMENTA single dwelling unit in a multifamily dwelling or a two-family detached dwelling.
One or more rooms designed, occupied or intended to be occupied
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
Land which has been designed by lawful agreement between
the owner(s) of the land and the person(s) for a specified use only
by such person(s).
A person 62 years of age or older.
A condition that (1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public, or (2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
The greatest number of persons to be employed on the premises
in question at any one time of the day or night.
An area surrounding or adjacent to a wireless support structure
within which base stations, power supplies, or accessory equipment
are located.
Any number of individuals living together on a nontransient
basis as a single housekeeping unit and doing their cooking on the
premises, when said individuals are related by blood, marriage or
adoption, including any number of foster children; no more than five
unrelated individuals living together as a single housekeeping unit
and doing their cooking on the premises, except when an application
for a special exception to enable a greater number of unrelated individuals
to occupy a dwelling unit is reviewed and approved by the Zoning Hearing
Board, as provided herein. The definition of "family" shall not apply
to the occupants of a club, fraternity house, lodge or residential
club.
Notwithstanding the definition in the preceding subsection,
a family shall also be deemed to include any number of mentally or
physically handicapped persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, if such occupants are handicapped persons
as defined in Title VIII of the Civil Rights Act of 1968 and amended
by the Fair Housing Amendments of Act of 1988.
Federal Communications Commission.
An entity which is authorized by federal or state law and
licensed to do business in the Commonwealth of Pennsylvania as one
of the following: a bank, bank and trust company, trust company, credit
union, savings bank, savings and loan association or foreign banking
corporation, excluding a check cashing facility, the deposits of which
are insured by an agency of the federal government, or as an investment
adviser registered under the Investment Advisers Act of 1940 or with
the Pennsylvania Securities Commission, an investment company registered
under the Investment Company Act of 1940, or a broker dealer registered
under the Securities Exchange Act of 1934.
[Added 4-18-2017 by Ord.
No. 17-01]
A lot completely surrounded by adjacent lots except for a
strip of land, being part of the same parcel and defined as an access
strip, which provides the lot with access to a public street, or the
potential of access to a public street.
The maximum square footage of the total floor area permitted
for each square foot of land area.
The exterior side of a building which faces, and is most
nearly parallel to, a street. The facade shall include the entire
building walls, including wall faces, parapets, fascia, windows, doors,
canopies, and visible roof structures of one complete elevation.
GARAGE, PRIVATEAn accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
GARAGE, PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
GARAGE, STORAGEA building, other than a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks) but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.
Any area of land, including structures thereon, or any building
or part thereof that is used for the sale of gasoline or other motor
vehicle fuel or accessories and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles but
which shall not include painting or body and fender repairs or recapping
of tires.
A building or portion of a building occupied by a governmental
entity which shall include offices for the Municipality of Norristown,
Montgomery County, the Commonwealth of Pennsylvania and/or the United
States government.
Any use that is under the direct operational control, supervision
or management of a governmental body such as the Municipal, county,
state or federal government.
An engineered, multilayered roofing system sustaining the
growth of plants on a rooftop while protecting the integrity of the
underlying structure. The components of a green roof consist of a
waterproofing membrane, root barrier, drainage layer, retention layer,
filter fabric, growing medium and plants. The "green" portion of a
green roof shall be considered pervious coverage for the purpose of
calculating pervious and impervious coverage on a lot.
The portion of a lot that consists of landscaping, including
trees, shrubs, groundcovers, perennials, and lawns.
The sum of the gross horizontal areas of the several floors
of all buildings on the lot, measured from the exterior faces of exterior
walls or from the center line of walls separating two buildings. In
particular, the "gross floor area" of a building or buildings shall
include basements, elevator shafts and stairwells at each story, penthouses,
attic space, interior balconies and mezzanines but shall exclude all
cellars and any basement space devoted to the parking of automobiles.
The total floor area designed for tenant occupancy and exclusive
use, including basement, mezzanines and upper floors, expressed in
square feet and measured from the center line of partitions and from
outside wall faces, not including public or common areas, such as
public toilets, corridors, stairwells, elevator lobbies or enclosed
mall space.
A residential facility used as living quarters by any number of unrelated persons requiring special care, and their attendant adult supervisors, specifically designed to create a residential setting for the mentally and physically handicapped (as a special exception). The individuals may be either transient or permanent residents. Any number of persons with disabilities as defined in Title Viii of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988, have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit. Group homes shall be developed in compliance with § 320-216B of this chapter.
A commercial establishment which employs professional therapists
whose services include massage and body or facial treatments. Treatments
may include body packs and wraps, exfoliation, cellulite and heat
treatments, electrolysis, body toning, waxing, aromatherapy, cleansing
facials, medical facials and electrical toning, hydrotherapy and steam
and sauna facilities, nutrition and weight management, spa cuisine,
and exercise facilities and instruction may be provided. Hair salons,
makeup consultation and manicure and pedicure services may be provided
as accessory uses.
A building's vertical measurement from the mean level of
the ground surrounding the building to a point midway between the
highest and lowest points of the roof.
A facility that provides support services for terminally ill persons, but that does not primarily involve highly skilled medical care. However, if the use involves care of persons with illnesses that can be contagious through the air or casual conduct, the use shall be limited to within a hospital or nursing home. Hospices shall be developed in compliance with § 320-216F of this chapter.
An institution where sick or injured persons are given medical
care and, in the course of same, are housed overnight, fed and provided
nursing and related services. This definition shall not include drug
rehabilitation facilities, halfway houses, convalescent or nursing
homes, institutions for mentally ill individuals or other similar
facilities.
A building used for the purpose of furnishing, for compensation,
more-or-less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
Those housing units designed for and intended for occupancy
exclusively by those persons over the age of 62. Such units shall
include those projects developed under applicable federal and/or state
housing assistance programs. Such housing units shall contain appropriate
safety features pertinent to the needs of their residents and ancillary
recreational and other community facilities as an integral part of
their development concept. Furthermore, the developer of such housing
units in the Municipality of Norristown must guarantee that said units
will be occupied solely by elderly residents as defined above.
Those surfaces which do not absorb rainwater. All buildings,
parking areas, driveways, roads, sidewalks, and any area in concrete,
asphalt, and packed stone, including, without limitation, swimming
pools, shall be considered impervious surfaces. In addition, other
areas determined by the Municipal Engineer to be impervious within
the meaning of this definition shall also be classified as impervious
surface.
The impervious surface ratio is a measure of the intensity
of use of land. It is measured by dividing the total area of all impervious
surfaces within the site by the area of developable acreage.
An indented parking bay is a parking bay located immediately
adjacent to a through traffic lane, but protected from through traffic
by virtue of the curb alignement adjacent to the parking bay(s) being
offset in the direction of the property.
A building occupied as a dwelling by seven to 15 residents who receive twenty-four-hour resident supervision, licensed under an applicable state program. Institutional homes shall be developed in compliance with § 320-216C of this chapter.
A lot, land or structure or part thereof used primarily for
the collection, storage and sale of wastepaper, rags, scrap metal
or discarded material or for the collection, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
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 in an apartment
house or an apartment hotel.
A food service establishment that handles only commercially
precooked, preheated or microwaved foods.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of vehicles, while loading or unloading
merchandise or materials. Such space shall be of a size as required
by the district in which it is located, exclusive of access aisles
and maneuvering spaces.
A parcel of land which is occupied or is to be occupied by
one principal building or other structure or use, together with any
accessory buildings or structures or uses customarily incidental to
such principal building or other structure or use and any such open
spaces as are arranged or designed to be used in connection with such
principal building or other structure or use, such open spaces and
the area and dimensions of such "lot" being not less than the minimum
required by this chapter.
The total horizontal area of the lot lying within the lot
lines, provided that no area of land lying within any street line
shall be deemed a portion of any "lot area." The area of any lot abutting
a street shall be measured to the street line only.
Calculated land area contained within the deeded boundaries
of a lot.
Gross lot area minus areas of public and private right-of-way,
easements, ultimate rights-of-way and access strips for flag lots.
A property boundary line of any lot held in single or joint
ownership, except that, in the case of any lot abutting a street or
alley lot line, for such portion of the lot as abuts the street, it
shall be deemed to be the same as the street line and shall not be
the center line of the street nor any other line within the street
line, even though such may be the property boundary line.
The horizontal distance between side lot lines measured at
the ultimate right-of-way line. For lots bordering the turnaround
portion of a cul-de-sac, width may be measured at the building line.
For corner lots, the minimum width is required along both the streets.
The required lot width shall extend the full depth of the building
envelope.
A lot that fronts upon two generally parallel streets or
that fronts upon two streets that do not intersect at the boundaries
of the lot.
The access driveway which is intended to accommodate the
largest volume of on-site traffic.
Any place of business where any person, partnership, firm,
association or corporation engages in or carries on or permits to
be engaged in or carried on any method of pressure on, friction against
or stroking, kneading, rubbing, tapping, pounding, vibrating, stimulating
parts of the body with the hands or with the aid of any mechanical
apparatus or electrical apparatus or appliance, with or without such
supplementary aids as rubbing alcohol, oil or other such item.
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
[Added 4-18-2017 by Ord.
No. 17-01]
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana. The term does not include a health care
medical marijuana organization under Chapter 19 of the Medical Marijuana
Act.
[Added 4-18-2017 by Ord.
No. 17-01]
A person, including a natural person, corporation, partnership,
association, trust, or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health to grow
and/or process medical marijuana. The term does not include a health
care medical marijuana organization under Chapter 19 of the Medical
Marijuana Act.
[Added 4-18-2017 by Ord.
No. 17-01]
A retail store selling a variety of food, beverages, drugs,
reading material or household supplies and having a floor area not
exceeding 3,000 square feet.
Any combination of two or more uses that are permitted by
right or as special exceptions or conditional uses in a given district,
provided that any such special exceptions or conditional uses have
been obtained from the Zoning Hearing Board or Municipal Council.
See also "residential mixed use" and "planned development."
A range of residential development classifications that is
specifically permitted in certain districts, including single-family
detached, twins, rowhouse, townhouse dwellings, and garden apartment
houses.
A single-family detached dwelling intended for permanent
occupancy which may not meet local building codes but does meet the
standards of the United States Department of Housing And Urban Development
as indicated by the structural engineering bulletin(s) provided to
Council by the applicant. It shall be contained in one unit (called
a "single-wide") or in two or more units designed to be joined into
one integral unit capable of again being separated for repeated towing
(called a "double-wide") 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, including any roofed addition, such as extra
rooms, patios, porches, etc.
A parcel of land in a mobile home park improved with the
necessary utility connections and other appurtenances necessary for
the installation of a mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement of mobile homes.
The improvement, upgrade, or expansion of existing wireless
telecommunications facilities or base stations on an existing wireless
support structure, or the improvement, upgrade, or expansion of the
wireless telecommunications facilities located within an existing
equipment compound, if the improvement, upgrade, expansion, or replacement
does not substantially change the physical dimensions of the wireless
support structure.
A steel flanged or tapered steel pole structure erected on
the ground or on top of a structure, to support communications antennas.
A building and/or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate ground-floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
providing sleeping accommodations for automobile travelers and is
suitable for occupancy at all seasons of the year.
A commercial establishment that specializes in manicure and/or
pedicure services.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling. The business may not employ anyone other than family members
residing in the dwelling. The activity 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 a residential use.
An antenna intended for home use, or for use for a ham radio,
citizen band (CB) radio, or for public safety. Fixed point microwaves
used by telephone or other companies, two-way radio from a base to
land-mobile antenna (such as radio-dispatched taxis), commercial AM
and FM radio antennas, and commercial UHF and VHF television antenna
are specifically excluded.
A structure or portion thereof, lawfully existing at the
time these regulations or any subsequent amendments thereto become
effective, which does not conform to the provisions of these regulations
or such amendment relative to requirements for floor area ratio, height
of a building, or other dimensional criteria.
Any use, whether of a building, structure or tract of land,
lawfully existing at the time these regulations or subsequent amendments
hereto become effective, which does not conform to the use provisions
of these regulations for the district in which such use is located.
An individual unrelated by blood or marriage occupying a
room or rental unit within a dwelling unit.
Facilities that provide room and board for individuals in
need of twenty-four-hour nursing services and procedures and employ
individuals trained in caring for the sick which require judgment,
technical knowledge, and skills beyond those which the untrained person
possesses.
Any business, activity or use similar to or of the same general
nature as the uses listed at "adult bookstore," "adult motion picture
theater," "adult entertainment cabaret" and "massage parlor" above.
This section shall include, but shall not be limited to, rap centers,
nude wrestling studios, sensitivity centers and escort bureaus, all
of which exclude minors, by virtue of age, as patrons thereof.
Any area which is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
An open area, other than a public or private street or alley,
used for the temporary parking of automobiles.
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
Any business that loans money on deposit of personal property
or deals in the purchase or possession of personal property on condition
of selling the same back again to the pledger or depositor.
Measures and standards by which the suitability of a proposed
use can be measured by the extent of its external effect.
A business which provides a service oriented primarily to
personal needs and not primarily involving retail sales of goods or
professional advisory services. Included are barber, beauty salon,
tailor, dressmaker, shoe repair, photographer, travel agent, jewelry
and watch repair or similar service uses. It does not include a massage
parlor or tattoo parlor or uses focused primarily on sexual stimulation
or gratification.
A building that occupies a key location (such as a downtown
intersection of arterial streets or at a bridge crossing and a river)
and is designed to be more visually prominent than those buildings
surrounding it. Such a building is generally higher, has a scale and
bulk that commands attention and contains step-backs or notable architectural
features that distinguishes it from the surrounding structures. (Also
known as a "signature building.")
A building containing at least three of the following uses:
a bank, savings-and-loan association or other financial institution;
a retail store selling food, drugs, medical supplies or household
supplies; a luncheonette, delicatessen, coffee shop or restaurant,
excluding any drive-through facility; a haircutter; or a laundromat.
A building or development containing any combination of two
or more principal uses permitted by right or by special exception
in the district in which the development is proposed, provided that
a special exception must be obtained from the Zoning Hearing Board
for any proposed use listed as a special exception use for the district
in which the development is proposed.
A covered walk or porch that is supported by columns or pillars;
also known as colonnade.
A building in which services are performed by a member of
a profession, including but not limited to an accountant, architect,
author, community planner, dentist, engineer, insurance agent, landscape
architect, lawyer, minister, notary, optometrist, physician or realtor.
An agency which, under public franchise or ownership or under
certificate of convenience and necessity, provides the public with
communication, gas, power, rail transportation, sewer or water facilities
or other similar service.
A building or structure and its equipment used for the transmission
and exchange of telephone, radio, gas, power, sewer and water facilities;
provided, however, that in a residential district, these shall not
include public business facilities, storage of materials or trucks,
repair facilities or housing of repair crews.
An outdoor or indoor facility offering recreation, sports,
or leisure-time activities owned and operated by private and/or public
entities.
Research, development, and testing laboratories that do not
involve the mass manufacture, fabrication, processing, or storage
of products.
A building or development containing any combination of two
or more principal uses permitted by right or by special exception
in the district in which the development is proposed, provided that
no nonresidential use shall be permitted above the ground floor, and
provided that a special exception must be obtained from the Zoning
Hearing Board for any proposed use listed as a special exception use
for the district in which the development is proposed.
A building in which food is prepared and served to the public
for consumption, where waiters or waitresses take orders and serve
food to people at tables, booths or counters.
The surface of and space above and below any real property
in the Municipality in which the Municipality has regulatory interest,
or interest as a trustee for the public, as such interests now or
hereafter exist, including, but not limited to, all streets, highways,
avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks,
or any other public place, area, or property under the control of
the Municipality, and any unrestricted public or utility easements
established, dedicated, platted, improved, or devoted for utility
purposes, but excluding lands other than streets that are owned by
the Municipality. The phrase "in the right(s)-of-way" means in, on,
over, along, above and/or under the right(s)-of-way.
An area abutting the Schuylkill River, Stony Creek, or Saw
Mill Run Creek.
A building where lodging accommodations for three to nine guests are furnished for compensation, regardless of whether meals are served. An apartment building, a group home or an institutional home is not a "rooming house." Rooming houses shall be developed in compliance with § 320-216A of this chapter.
A type of antenna consisting of three main components [the
concave dish, a low-noise amplifier (LAN), and a receiver] that is
designed to receive television broadcasts relayed by microwave signals
from communications satellites orbiting earth. A satellite dish antenna
serves only the needs of the occupants of a single building or a single
development, except when used as a master dish for a cable television
franchise.
A shopping area of integrated design and development, including
but not limited to such uses as retail shops, personal service establishments,
professional and business offices, banks, post offices, restaurants,
theaters and auditoriums, housed in an enclosed building or buildings
and utilizing such common facilities as customer parking, pedestrian
walks, loading and unloading space, utilities and sanitary facilities.
A structure, building wall or other outdoor surface or any
device used for visual communication which is used for the purpose
of bringing the subject thereof to the attention of the public or
to display, identify and publicize the name and product or service
of any person.
A residential facility where six or more individuals reside together either voluntarily or by court order in order to recover from drug, alcohol and/or substance abuse, which serve as an interim environment between rehabilitation facilities and reintegration into their future lives. This term shall include recovery houses, halfway houses, sober houses, or sober living environments. This term does not include roomers, boarders, lodgers, members of a family [except those protected as suffering from a "handicap" under the provisions of Sections 3602(h) and 3604 of the Fair Housing Act] or any other use otherwise defined, described or regulated in this chapter. Sober living homes shall be developed in compliance with the conditions and criteria set forth in § 320-216H of this chapter.
[Added 11-20-2018 by Ord.
No. 18-06]
A solar photovoltaic panel, solar hot air or hot water panel
collector device or other type of energy system which relies upon
solar radiation as a source for the generation of electricity or transfer
of stored heat.
Approval granted by the Zoning Hearing Board where provisions therefor are made by the terms of this chapter in Article XXI, Special Exceptions.
Camouflaging methods applied to wireless telecommunications
towers, antennas and other facilities which render them more visually
appealing or blend the proposed facility into the existing structure
or visual backdrop in such a manner as to render it minimally visible
to the casual observer. Such methods include, but are not limited
to, architecturally screened roof-mounted antennas, building-mounted
antenna painted to match the existing structure, and facilities constructed
to resemble trees, shrubs, and light poles.
A raised platform, with one or more steps utilized for access
to a building.
That portion of a building included between the surface of
any floor and the surface of the floor above it or, if there is no
floor above it, then the space between any floor and the ceiling next
above it.
A right-of-way, municipally or privately owned, serving as
a means of vehicular and pedestrian travel, furnishing access to abutting
properties and space for sewers and public utilities.
The dividing line between a lot and the outside boundary
or ultimate right-of-way line of a public street, road or highway
legally opened or officially plotted or between a lot and a privately
owned street, road or way over which the owners or tenants of two
or more lots each held in single and separate ownership have the right-of-way.
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams or girders, or any change which would convert an existing building
into a different structure or adapt it to a different use or which,
in the case of a nonconforming use, would prolong the life of such
use.
Any form or arrangement of building material involving the
necessity of providing proper support, bracing, tying, anchoring or
other protection against the forces of the elements.
An establishment providing direct assistance and aid to those
persons requiring counseling or treatment for the abuse of substances
such as, but not limited to, alcohol and drugs. This term shall not
include the types of services provided in a social service agency.
Any increase in the height of a wireless support structure
by more than 10%, or by the height of one additional antenna array
with separation from the nearest existing antenna not to exceed 20
feet, whichever is greater, except that the mounting of the proposed
wireless telecommunications facility may exceed the size limits set
forth herein if necessary to avoid interference with existing antennas.
An establishment which serves alcoholic beverages for on-premises
consumption and which is licensed by the Pennsylvania Liquor Control
Board.
A retail establishment used for the sale of used, primarily
donated clothing, household goods, furniture or appliances that are
not antiques.
A cluster or grouping of townhouse or rowhouse units containing
no less than three nor more than six townhouse or rowhouse dwelling
units contiguous to one another.
One or more lots assembled for the purposes of development
in accordance with the provisions of this chapter.
Calculated land area contained within the deeded boundaries
of a tract.
Gross tract area minus areas of public and private right-of-way,
easements, ultimate rights-of-way and access strips for flag lots.
The future or planned width of a highway in the public domain
as shown on the Official Ultimate Right-of-Way Map on file at the
office of the Municipal Manager.
That area which is devoted to outdoor recreational space,
greenery and service space for normal household activities, such as
clothes drying, and which is not devoted to driveways, alleyways,
off-street parking or loading areas or other areas normally used by
vehicular transportation.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Approval granted by the Zoning Hearing Board in accordance with § 320-357 hereof, constituting a modification or deviation from the exact provisions of this chapter as applied to the area, height and development regulations for a specific piece of property or portion of the same.
A window opening in the facade of a commercial building used
for the sale of food and/or beverages. Such a window shall be designed
for the exclusive use of pedestrians and shall be located to provide
a safe waiting area and to not disrupt or impede pedestrian movement
on a sidewalk used by the public.
Transmission through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
A freestanding structure, such as a guyed or self-supporting
monopole or tower, electrical transmission tower, water tower or other
structure not classified as a wireless support structure that could
support the placement or installation of wireless telecommunications
facilities if approved by the Municipality.
The set of equipment and network components, including antennas,
transmitters, receivers, base stations, cabling, and accessory equipment,
used to provide wireless data and telecommunications services. The
term shall not include the wireless support structure.
YARD, FRONTA yard extending the full width of the lot along the front lot line, measured from the ultimate right-of-way line to the nearest point of any principal building or principal structure on the lot, unless otherwise noted.
YARD, REARA yard extending the full width of the lot along the rear lot line, measured from the rear lot line to the nearest point of any principal building or principal structure on the lot, unless otherwise noted.
YARD SIDEA yard extending the full depth of the lot along a side lot line, measured from such side lot line to the nearest point of any principal building or principal structure on the lot, unless otherwise noted.
[1]
Editor's Note: The Unit Property Act, former 68 P.S. § 700.101,
was repealed 7-2-1980 (P.L. 286, No. 82). See now the Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq.
