Township of Whitpain, PA Definitions

An exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas; and/or

ADULT MINI-MOTION-PICTURE THEATER

A live performance, display or dance of any type which has as a significant or a substantial portion of the performance any actual or simulated performance of specified sexual activities or services offered customers.

ADULT MATERIAL

Books, films, videocassettes or magazines and other periodicals, or photographs, films, motion pictures, videocassettes or video reproductions, compact discs, slides or other visual representations which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, and instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

An enclosed building with a capacity of fewer than 50 persons which has a principal business purpose of exhibiting, presenting or selling 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.

ADULT MOTION-PICTURE THEATER

An enclosed building with a capacity of 50 or more persons which has the principal business purpose of exhibiting, presenting or selling material distinguished by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

ADULT-ORIENTED ESTABLISHMENT

The term includes, without limitation, the following establishments when operated for profit, whether direct or indirect:

Adult bookstores.

Adult motion-picture theaters.

Adult mini-motion-picture theaters.

Any premises to which the public, patrons or members are invited or admitted and which are so physically arranged as to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common area of the premises for the purpose of viewing adult-oriented motion pictures or where an entertainer provides adult entertainment to a member of the public, a patron or member.

(5)

An adult entertainment studio or any premises that are physically arranged and used as such, whether advertised or represented as an adult entertainment studio, rap studio, exotic dance studio, encounter studio, sensitivity studio, modeling studio or any other term of like import.[3]

ADVERTISING VEHICLE

Any vehicle or trailer which is parked on a public right-of-way or on public or private property so as to be visible from a public right-of-way, which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity or service of any kind.

[Added 11-19-2019 by Ord. No. 4-255]

AIRPORT LAND AREA

The total gross area of one or more contiguous parcels of land held in single and separate ownership and located within the Airport Overlay District and used or developed for an airport and any of the other purposes permitted within the Airport Overlay District.

[Added 5-3-2016 by Ord. No. 4-239]

AIRPORT OPERATIONS AREA

The area specifically designated within an Airport Overlay District where all uses permitted under § 160-181.3 shall be located. Except, however, the following uses may also be located within the airport land area: runway, taxiways, aviation control facilities, navigational aids, weather stations, aviation communication facilities, runway and taxiway identification lights, farm, and cluster housing.

[Added 5-3-2016 by Ord. No. 4-239]

ALTERATION

As applied to a building, any change or rearrangement in the structural parts, or any enlargement, whether by extending on any side or by increasing in height, or moving from one location or position to another.

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include "tower-based wireless communications facilities," as defined below.

[Added 8-21-2018 by Ord. No. 4-250]

APARTMENT

A dwelling unit within a multifamily dwelling or within a building containing some other principal use.

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter and other ordinances have been prepared; for purposes of this chapter, the one-hundred-year flood as referenced in the current Flood Insurance Study, Whitpain Township, prepared by the Federal Insurance Administration, United States Department of Housing and Urban Development.

[Added 12-29-1977 by Ord. No. 4-53]

BASE FLOOD ELEVATION

The one-hundred-year-flood elevation as referenced in the Flood Insurance Study, Whitpain Township, prepared by the Federal Insurance Administration, United States Department of Housing and Urban Development.

[Added 12-29-1977 by Ord. No. 4-53]

BED-AND-BREAKFAST INN

A single-family residence where overnight guest accommodations and a morning meal are provided to transients for compensation. The owner of the inn shall be required to live on the premises.

[Added 2-19-2002 by Ord. No. 4-176]

BUFFER

An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, buffers may be included as part of the required setbacks and yard areas. Buffers are divided into three types:

[Added 7-15-1981 by Ord. No. 4-64]

SCREEN BUFFERA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to effectively block the view from one side to another during all seasons of the year and to reduce the transmittal of noise and odors between the sides.

SOFTENING BUFFERA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to ease and soften, but not essentially block, the view from one side to another and to reduce the transmittal of noise and odors between the sides.

OPEN BUFFERA buffer normally comprised of grass, ground cover and/or possibly other landscaping material having a specified depth, but not necessarily having significant vertical components to achieve a certain height or density, the purpose of which is to achieve adequate spacing and attractive landscaping between two or more actively used areas.

BUILDING

Any structure having a roof supported by columns, piers, pipes, studs, walls or other building materials located upon the land.

[Amended 11-14-1977 by Ord. No. 4-52; 8-19-1985 by Ord. No. 4-84; 9-6-1988 by Ord. No. 4-111]

Inclusions and exclusions.

(a)

"Building" shall include but not be limited to a shed, garage, parking garage, parking structure, carport, barn, stable, greenhouse, tent, awning, canopy, breezeway, trailer, mobile home, travel trailer or recreational vehicle used for habitation and not registered as a motor vehicle, or any structure, as hereinafter defined, having support or an unroofed platform, deck, terrace or porch having a vertical face of greater than 30 inches above ground.

[Amended 7-1-2003 by Ord. No. 4-186; 8-3-2004 by Ord. No. 4-204]

BUILDING AREASThe aggregate of the maximum horizontal cross-section areas of the building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches and bay windows not extending through more than one story and not projecting more than five feet.

BUILDING SETBACK LINEThe rear line of the minimum front yard or at minimum lot width, as herein designated for each district; the distance measured from the ultimate right-of-way line of the street, lane or alley.

COMMUNITY SHOPPING CENTER:

BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is situated.

BUILDING PERMIT

A document signed by the Building Code Official as required by the terms of the Building Code of Whitpain Township,[4] as amended, as a condition precedent to the commencement of the erection, construction, reconstruction, restoration, alteration, conversion or installation of a building, which is an acknowledgment that such building complies with the provisions of the Building Code and the Zoning Ordinance of Whitpain Township or in compliance with any authorized deviations therefrom.

[Added 6-15-2004 by Ord. No. 4-199]

CLUSTER ACCESS DRIVE

That drive which connects clusters of buildings with an internal street which functions as a collector street.

[Added 8-21-1980 by Ord. No. 4-62]

CLUSTER OF BUILDINGS

All those dwelling units served by one access drive, not to exceed 24 dwelling units.

[Added 8-21-1980 by Ord. No. 4-62]

CO-LOCATION

The mounting of one or more WCFs, including antennas, on an existing tower-based WCF, or on any structure that already supports at least one non-tower WCF.

[Added 8-21-2018 by Ord. No. 4-250]

COMMERCIAL VEHICLE

A light-duty truck, heavy-duty truck, van, trailer, or other similar vehicle used solely as an instrument of conveyance for business purposes or use primarily for such purposes and bearing corresponding graphical representations of such business purposes.

[Added 10-18-2022 by Ord. No. 4-260]

A retail commercial shopping center incorporating office, medical office (provided adequate parking is provided under the provisions of this chapter), small-scale entertainment, fitness centers, day-care facilities, and highway-business uses to serve the shopping and service needs of the immediately surrounding area, and to establish reasonable standards for the appearance, height and size of buildings, the areas and dimensions of yards and open spaces, the provision of facilities to minimize traffic congestion, noise, glare, pollution so as to lessen the danger to public safety and surrounding building values from traffic congestion, overcrowding of land, inadequate provisions for water and sewage facilities and inadequate transportation.

[Added 1-20-2015 by Ord. No. 4-237]

CONDITIONAL USE

A use permitted in a particular zoning district subject to specific standards which may be approved or denied by the Board of Supervisors following recommendations by the Township Planning Commission.

[Added 8-16-1993 by Ord. No. 4-137]

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.

[Added 12-29-1977 by Ord. No. 4-53]

CONVENIENCE STORE (also known as "MINI-MARKET")

A retail establishment with less than 7,500 square feet of total floor area offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches or other freshly prepared foods for off-site consumption. The sale of gasoline shall be permitted in conjunction with a convenience store operation, but does not include automotive service or vehicle repair.

[Added 7-1-2003 by Ord. No. 4-186]

CORPORATE RENTAL SUITES

One or more buildings containing suites/occupancy units available to the public with or without meals. The suites/occupancy units shall be contracted for occupancy on a transient and/or transitional basis. The minimum size of such suites/occupancy units shall be not less than 550 climate-controlled square feet and shall include facilities for living, sleeping, eating, cooking and sanitation. At least 50% of the corporate suites provided on any lot shall contain not more than one bedroom and no corporate rental suite/occupancy unit shall have more than two bedrooms. Accessory services and amenities offered by the facility shall include, but not be limited to a) indoor facilities and services consisting of leasing center, housekeeping services, furnished and unfurnished suites/units, café, vending facilities, lobby/lounge/gallery, structures and facilities, maintenance facilities, and a state of the art business center, which shall contain a business lounge, computer center/cyber cafe, video conferencing facilities, telecommunications facilities, multi-media presentation facilities, copy/production facilities, theater with permanent seating for not more than 35 people, media screen room, meeting rooms and conference facilities, breakout rooms, fitness center, yoga room, spa, massage facilities and other business support areas; and b) outdoor amenities consisting of pool, cabanas, fire pit, passive recreation seating, meeting areas with outdoor furniture, and barbeque facilities, all of which shall be for the exclusive use of occupants and their guests ("amenity space"). Use of facilities by guests shall be accessory to the occupant's use of such facilities, and no such accessory services or amenities offered by the facility shall be advertised, operated or used as a destination for consumers or customers who are not registered occupants of the facility or their invited guests.

[Amended 6-16-2015 by Ord. No. 4-241]

DAY CARE

A facility providing for the care of children unrelated to the caregiver without overnight provisions, limited to the hours of 7:00 a.m. to 8:00 p.m.

[Added 6-19-1989 by Ord. No. 4-115]

DAY-CARE CENTER

Any premises in which child day care is provided for a group of seven or more children simultaneously, who are not related to the operator or caregiver, including nursery schools, and which facility is licensed by the Commonwealth of Pennsylvania.

[Added 6-19-1989 by Ord. No. 4-115]

DEED-RESTRICTED OPEN SPACE; COMMON OPEN SPACE

Any area of land and/or water designed for joint use and recreational enjoyment of tenants and/or owners occupying a development and/or residents of the Township, excluding common parking areas, roadways, storage buildings and similar facilities not primarily intended for recreational benefit. The common open space shall be essentially free of buildings.

[Added 7-15-1981 by Ord. No. 4-64; amended 4-4-1994 by Ord. No. 4-143]

DENSITY

The number of dwelling units per developable acre.

[Added 7-15-1981 by Ord. No. 4-64]

DEVELOPABLE ACRE

All land within the lot lines except that located within existing rights-of-way of public roads and overhead utility lines, floodplains and land continuously covered with water.

[Added 7-15-1981 by Ord. No. 4-64]

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations.

[Added 12-29-1977 by Ord. No. 4-53]

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 8-21-2018 by Ord. No. 4-250]

DRIVE-THROUGH FACILITY

A drive-through facility shall consists of an attached or detached accessory structure and be subordinate to the principal structure and use. A free-standing kiosk shall not be classified as a drivethrough facility.

[Added 10-18-2022 by Ord. No. 4-260]

DWELLING

A building designed for and occupied exclusively for residential purposes, excluding hotels, rooming houses, tourist homes, institutional homes, residential clubs, motor courts and the like.

[Amended 6-19-1989 by Ord. No. 4-115]

SINGLE-FAMILY DWELLINGA building designed for and occupied exclusively as a dwelling for one family.

TWO-FAMILY DWELLINGA building designed for and occupied exclusively as a dwelling for two families.

MULTIFAMILY DWELLINGSTwo-family dwellings and all other types of buildings, other than single-family detached dwellings, designed for and occupied exclusively for dwelling purposes by two or more families living independently of one another.

[Amended 5-5-1975 by Ord. No. 4-44; 12-1-1975 by Ord. No. 4-47; 7-13-1976 by Ord. No. 4-49; 12-15-1983 by Ord. No. 4-74]

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family.

PERMANENT DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family for year-round use.

TEMPORARY DWELLING UNITA building or portion thereof providing complete or partial housekeeping facilities for one family for seasonal or summer use. Such dwelling units may not be occupied more than five months out of any 12.

EMERGENCY

A condition that:

[Added 8-21-2018 by Ord. No. 4-250]

Constitutes a clear and immediate danger to the health, welfare, or safety of the public; or

Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

EXTENDED DAY-CARE CENTER

Any premises in which child care is provided for a group of seven or more children simultaneously, who are not related to the operator or caregiver, which facility is licensed by the Commonwealth of Pennsylvania. The hours of operation for an extended day-care center shall be from 7:00 a.m. to 12:00 midnight, seven days a week.

[Added 8-15-2017 by Ord. No. 4-246]

FAMILY

Any number of individuals living together on a nontransient basis as a single housekeeping unit with single cooking facilities when said individuals are related by blood marriage or adoption and, in addition, any domestic servants or foster children thereof; or a group of not more than five persons who need not be so related and, in addition, domestic servants thereof who are living together in a single dwelling and maintaining a common household with single cooking facilities, including occupants that are mentally or physically handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. A roomer, boarder or lodger shall not be considered a member of a "family," nor shall the definition of "family" apply to the occupants of a club, fraternity house, student housing, lodge or residential club.

[Amended 8-5-1974 by Ord. No. 4-42; 10-18-2022 by Ord. No. 4-260]

FARM

A parcel of land no less than 10 acres in size on which a principal building and its accessories may be placed and on which the remaining portions are devoted to the raising of crops, grazing of animals, cultivation of nursery stock, horticulture, orchards and other agriculturally related or supportive uses. Stock yards and feed lot operations shall not be permitted.

[Amended 11-2-1979 by Ord. No. 4-56; 6-16-1998 by Ord. No. 4-160]

FCC

Federal Communications Commission.

[Added 8-21-2018 by Ord. No. 4-250]

FORESTRY

The commercial planting, cultivating and harvesting of lumber and wood products for sale.

[Added 2-19-2002 by Ord. No. 4-177]

GARAGE

PRIVATE GARAGEA building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot and for the storage of not more than two additional automobiles (not trucks) owned or used by others for a similar purpose if they are stored in the same room in which the automobile or automobiles of the owner or tenant are stored.

PUBLIC GARAGEA 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.

GOLF COURSE RESIDENTIAL COMMUNITY

STORAGE GARAGEA building, not 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 combination of one or more single-family attached or detached dwellings constructed on or adjacent to a golf course and which are an integral part of the overall development of the tract of which a golf course is a part.

[Added 9-28-1987 by Ord. No. 4-100; amended 12-19-1988 by Ord. No. 4-113]

GREEN AREA

Land area composed of pervious surfaces set aside for the growing of vegetation, including lawn area, trees, shrubs, grasses, plants, flowers and also including lakes, ponds, streams and other natural features.

[Added 6-4-1984 by Ord. No. 4-75]

HEIGHT

The height of a building shall be measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in calculating the height, provided that these projections shall not extend more than 15 feet above the maximum height established for the district in which located.

[Amended 7-1-2003 by Ord. No. 4-186]

HEIGHT OF A TOWER-BASED WCF

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

[Added 8-21-2018 by Ord. No. 4-250]

HOME OCCUPATION

The professional office or studio of a physician, dentist, teacher, artist, engineer, musician, architect, attorney, outside salesman, accountant, clergyman, business or financial consultant or individual using primarily computer or electronic communication devices; or rooms for occupations such as dressmaking, millinery, custom baking, custom carpentry and furniture making and restoration, or similar handicrafts, provided that such professional office, studio or room is located in the dwelling in which the practitioner resides or in a building accessory thereto, and provided, further, that no goods are publicly displayed on the premises, and provided, further, that beauty parlors, barbershops, animal hospitals, commercial stables and kennels, funeral parlors, antique shops, tourist homes, restaurants, and rooming are specifically prohibited. Day-care facilities shall be authorized as a home occupation, subject to a special exception, only within single-family detached dwellings, provided that home day care shall be for no fewer than three nor more than six children, unrelated to the caregiver, and subject, further, to special exception provisions set forth in § 160-212K.

[Added 11-2-1979 by Ord. No. 4-56; amended 6-19-1989 by Ord. No. 4-115; 12-15-1998 by Ord. No. 4-162]

HOSPITAL

An institution providing primary health-care services and medical or surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including related facilities such as a helistop, laboratory, outpatient facility, training facility, emergency medical service facility and medical office building.

[Added 10-18-2005 by Ord. No. 4-214]

HOTEL

A facility offering transient lodging accommodations to the general public for periods of stay of fewer than 30 consecutive days and also providing additional services such as restaurants, meeting rooms and recreational facilities.

INDEPENDENT/ASSISTED LIVING FACILITY/PERSONAL CARE HOME

A long-term housing facility exclusively for persons 62 years of age or older, or persons under 62 years of age with comparable needs, which facilities include, within the same single structure, individual sleeping quarters, common dining facilities, recreational features, special safety and convenience features designed for the needs of the elderly, and services for residents such as transportation, housekeeping, linen/laundry, and organized social and recreational activities. Units designed for "independent living" may contain kitchens. Units designed for "assisted living" or "memory care" may only contain kitchenettes.

[Added 2-16-2021 by Ord. No. 4-254]

INDIVIDUAL ESTABLISHMENT

An individual establishment shall be required to have its own independent main entrance, its own electrical control panel, its own toilet facilities and its own heating system.

[Added 11-19-2019 by Ord. No. 4-255]

KENNEL, COMMERCIAL

An establishment, structure, lot or portion of a lot on which six or more domestic animals more than one year old, including dogs and cats, are housed, bred, boarded, trained or sold.

[Added 8-16-1993 by Ord. No. 4-137]

LOADING SPACE

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.

LOT

A tract or parcel of land held in single or separate ownership which is occupied or is intended for occupancy by one or more buildings and other structures, including such accessory buildings or structures or accessory uses as are customarily incidental to the principal building or principal use of the lot, together with open space design and buffering as required by the zoning district requirements in which said lot is situate, being not less than the minimum requirements of the district:

[Amended 11-2-1979 by Ord. No. 4-56; 8-19-1985 by Ord. No. 4-84; 7-5-1988 by Ord. No. 4-108; 9-6-1988 by Ord. No. 4-111]

LOT AREA:

(a)

The total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street ultimate right-of-way line shall be deemed a portion of any lot area. The area of any lot abutting a street shall be measured to the ultimate right-of-way line only.

(b)

Stormwater management structures excluded. The area located within a basin constructed for stormwater management having a depth greater than 1 1/2 feet shall be excluded when determining the minimum lot size required for each zoning district.

(c)

Lot area (flag lot). The area located within the access strip to a flag (or rear) lot up to a point where the minimum required lot width is achieved shall be excluded when determining the minimum lot size required for each zoning district.

LOT LINEA property boundary line of any lot held in single or joint ownership, except that in the case of any lot abutting a street, the lot line for such portion of the lot as abuts the street shall be deemed to be the same as the ultimate right-of-way line and shall not be the center line of the street or any other line within the street side line even though such may be the property boundary line.

LOT, REVERSE-FRONTAGEA lot extending between and having frontage on two generally parallel streets with vehicular access from only one street.

METAL COLLECTION CONTAINERS

LOT, FLAG (REAR LOT)A lot that does not provide at least 50% of the required lot width as frontage along a public street or does not provide the required lot width at a point equal to the required front yard established for the district in which located. Such lots shall be connected to a public street by an access strip which shall be held in fee-simple ownership as a part of the flag (or rear) lot. The area of the access strip, up to a point where the minimum required lot width is achieved, shall not be included in calculating the minimum lot area required for the zoning district in which located.

MANUFACTURING

The processing of raw and/or recycled materials into parts and/or finished goods and/or the assembly of preproduced parts into finished goods through the use of tools, human labor, machinery, and/or chemical processes, including production, storage, warehousing and/or distribution of such products. Manufacturing shall not include laboratory or experimental development activities except those processes intended for replication or production of products for wide-spread distribution.

[Added 10-18-2022 by Ord. No. 4-260]

Portable or stationary containers of a size not to exceed eight feet in length, by eight feet in width by six feet in height, designed for deposit by members of the public of items or articles of clothing, recyclable materials or other nonhazardous materials or items of personalty.

[Added 8-7-2007 by Ord. No. 4-222]

MINING

The extraction of minerals and coal from the subsurface of grounds located within the Township and shall not include quarrying or open-face mining.

[Added 2-19-2002 by Ord. No. 4-177]

MOBILE HOME

A single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards set by the United States Department of Housing and Urban Development and other appropriate federal agencies and is certified by them, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation, including any roofed addition such as extra rooms, covered patios, porches, etc.

[Added 11-14-1977 by Ord. No. 4-52; amended 8-18-1980 by Ord. No. 4-60; 7-15-1981 by Ord. No. 4-64]

MOBILE HOME LOT

A parcel of land in a mobile home park, provided with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of a single mobile home and the exclusive use of its occupants.

[Added 8-18-1980 by Ord. No. 4-60; amended 7-15-1981 by Ord. No. 4-64]

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved in compliance with the requirements of the R-9 Residential District for the placement of mobile homes, consisting of two or more mobile home lots.

[Added 7-15-1981 by Ord. No. 4-64]

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

[Added 8-21-2018 by Ord. No. 4-250]

MOTEL or MOTOR COURT

A building and/or a group of two or more detached or semidetached buildings containing rooms having separate ground-floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms, which building or group of buildings is designed, intended or used principally for the provision of sleeping accommodations for automobile travelers and is suitable for occupancy for fewer than 30 consecutive days at all seasons of the year.

MOTOR HOME

A motor vehicle designed or adapted for use as a mobile or temporary dwelling or office, except a motor vehicle equipped with a truck camper.

[Added 7-15-1981 by Ord. No. 4-64]

MULTIFAMILY DWELLINGS

The following definitions of multifamily dwellings are specifically recognized for purposes of this chapter:

[Added 9-4-1984 by Ord. No. 4-78]

APARTMENTA permanent dwelling unit within a building containing three or more dwellings and being vertically arranged, sharing outside access and having one or more walls as well as a ceiling or floor in common with another dwelling unit; also known as a "flat" or "garden apartment."

ATTACHED SINGLE-FAMILY DWELLINGSA permanent dwelling unit within a building having only one unit from ground to roof and having one or more walls in common with another dwelling unit, but sharing no internal facilities, and having an individual yard area for each unit; not a two-family dwelling.

MULTIPLEXAn attached single-family dwelling arranged in a variety of configurations and which may have only one independent outside yard.

NO-IMPACT HOME-BASED BUSINESSES

TOWNHOUSEAn attached single-family dwelling having at least two independent outside yards and not more than two walls in common with another dwelling unit.

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.

[Added 11-19-2002 by Ord. No. 4-183]

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.

[Added 3-19-1973 by Ord. No. 4-38]

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

[Amended 3-19-1973 by Ord. No. 4-38]

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

All non-tower wireless communications facilities, including but not limited to, antennas and related equipment. Non-tower WCF shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

[Added 8-21-2018 by Ord. No. 4-250]

NURSING HOME

Any premises in which nursing care and related medical or other health-care services are provided for a period of 24 hours for two or more individuals who are not relatives of the operator and who are not acutely ill nor are in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity, need such care.

[Added 11-2-1979 by Ord. No. 4-56]

OFF-PREMISES ADVERTISING SIGN OR BILLBOARD

A sign which directs attention to a business, commodity, service, entertainment or facility not located, conducted, sold or offered upon the premises where such sign is located.

[Added 4-3-2012 by Ord. No. 4-235]

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year. For the purposes of this chapter, the one-hundred-year flood (base flood) is that which is defined by the Federal Insurance Administration, United States Department of Housing and Urban Development, in the Flood Insurance Study, Whitpain Township.

[Added 12-29-1977 by Ord. No. 4-53]

PARKING SPACE

A reasonably level space available for parking of one motor vehicle not less than 9 1/2 feet in width and having an area of not less than 180 1/2 square feet, exclusive of passageways or other means of circulation or access. Said parking space shall be surfaced with an appropriate all-weather surface material sufficient to enable use thereof in all weather conditions. Parking space dimensions may be altered pursuant to the applicable provisions of Article XXVII of this chapter.

[Added 5-17-1965 by Ord. No. 4-13; amended 9-21-1992 by Ord. No. 4-135; 8-16-1993 by Ord. No. 4-137]

PORCH, ENCLOSED

An extension to the main building formerly used as an open porch which has been enclosed on all sides.

PORCH, OPEN

An extension to the main building, with roof supported by columns one story in height, open on all sides. Railings or open construction, metal or wood, not exceeding 30 inches in height, are permitted.

[Added 7-2-1962 by Ord. No. 4-6]

PRESERVED LAND

An area of land within an Airport Overlay District as defined by metes and bounds on the Airport Development Plan (Exhibit "A")[5] which shall be open space and undeveloped except as specifically permitted under § 160-181.4.C. The area shall remain as preserved land until such time as airport operations cease, at which point the land shall be subject to development in accordance with the underlying zoning district.

[Added 5-3-2016 by Ord. No. 4-239]

PUBLIC TRANSPORTATION SHELTER

A structure providing shelter for passengers for public licensed transportation operators, providing no fewer than two transparent walls, covered by a roof and erected on or over a graded and improved foundation with illumination inside or immediately adjacent thereto, placed by conditional use along and adjacent to public highways or public transportation corridors or thoroughfares to provide temporary shelter for passengers of publicly licensed transportation services. "Public transportation shelter" shall not include taxicab stands or terminals or any platforms for pickup or delivery of cargo or freight.

[Added 4-1-1996 by Ord. No. 4-152]

PUBLIC UTILITIES FACILITY

A building or structure and its equipment used for the transmission and exchange of telephone, radio telephone, gas, power, sewer and water facilities.

RECREATIONAL VEHICLE

A trailer or motor vehicle designed or adapted for recreational purposes, which may include living, sleeping, eating and sanitary facilities but which is designed for transient or vacation occupancy.

[Added 7-15-1981 by Ord. No. 4-64]

RELATED EQUIPMENT

Any piece of equipment related to, incidental to, or necessary for, the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, related equipment includes generators and base stations.

[Added 8-21-2018 by Ord. No. 4-250]

SCHOOLS, COLLEGES, UNIVERSITIES AND OTHER INSTITUTIONS OF LEARNING

Institutions, existing independently as such, having a definite academic curriculum with regular sessions designed to serve as the medium for imparting to students in attendance a knowledge of those things broadly covered within the field of education and licensed by and under the supervision of the Department of Public Instruction of the Commonwealth of Pennsylvania.

[Added 3-29-1967 by Ord. No. 4-22]

SHOPPING CENTER

A group of five or more establishments sharing common parking and access and providing a total of at least 40,000 square feet of total floor area in one or more buildings. The uses of the establishments shall be limited to those uses permitted within the district in which located.

[Added 7-10-1995 by Ord. No. 4-149]

SIGN, OFFICIAL TRAFFIC AND HIGHWAY

Official highway route number signs, street name signs, directional signs and other traffic signs erected and maintained on public highways and roads in the interest of public safety or for the regulation of traffic.

[Added 11-19-2019 by Ord. No. 4-255]

SIGN, OUTDOOR ADVERTISING

A type of freestanding sign which directs attention to a business, industry, profession, commodity, service or entertainment not necessarily sold or offered on the premises where the sign is located.

[Added 11-19-2019 by Ord. No. 4-255]

SIGN, ROOF

A sign erected upon, against, or over the roof of a building.

[Added 11-19-2019 by Ord. No. 4-255]

SIGNS

Any letter, number, symbol, figure, character, mark, plane, design, picture, stroke, stripe, trademark, name, nameplate, identification sign, billboard, poster panel, display, illustration, structure or device used for visual communication, or combination of these, electronic or otherwise, which is constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever, upon a building, other outdoor surface, or otherwise, which is used for the purpose of bringing the subject thereof to the attention or attraction of the public, including advertising a business commodity, service or product or for identifying a business or structure, to any place, subject, person, firm, corporation, public performance, article or merchandise; and which is displayed in any manner, including, but not limited to, permanent window signs placed inside windows and on awnings to attract attention of those outside in the public right-of-way. The above shall include banners, streamers, whirling or lighting devices or any other type of attention-attracting device. For the purpose of this chapter, a sign may be single-face, double-face or a V-type structure.

[Amended 11-19-2019 by Ord. No. 4-255; 10-18-2022 by Ord. No. 4-260]

SOURCE, LIGHT

The artificial point source of luminescence.

[Added 11-19-2019 by Ord. No. 4-255]

SPECIAL EXCEPTION

The permission or approval granted by the Zoning Hearing Board in situations where provision therefor is made by the terms of this chapter.

SPECIFIED ANATOMICAL AREAS

The human male genitals in a discernibly flaccid and/or turgid state, even if completely and opaquely covered; or

SPECIFIED SEXUAL ACTIVITIES

Less than completely and opaquely covered human genitals, pubic region, anal cleft or a female breast below a point immediately above the top of the areola.

Any of the following:

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

Excretory functions as part of or in connection with any of the activities set forth in Subsections (1) and (2) above.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications 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 antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.

[Added 8-21-2018 by Ord. No. 4-250]

STORY

That part of any building comprised between any floor and the floor or roof next above. The first story of a wall is the lowest story which is 75% or more above the average level of the ground adjacent to said wall.

STREET

A general term used to describe a right-of-way, public or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties, with space for sewers and public utilities.

[Added 5-1-2018 by Ord. No. 4-249]

ARTERIALA through street originating outside the Township and carrying large volumes of traffic. It provides the highest level of service at the greatest speed for the longest uninterrupted distance, with some degree of access control. This definition shall include those streets identified as "arterial streets" in Chapter 129, the Subdivision and Land Development Code.

COLLECTORA street collecting the traffic of local streets and delivering to arterial streets. It provides a less highly developed level of service at a lower speed for shorter distances by collecting traffic from local roads and connecting them with arterials. This definition shall include those streets identified as Arterial Streets in Chapter 129, the Subdivision and Land Development Code.

STREET ULTIMATE RIGHT-OF-WAY

LOCALA minor street serving residential properties. It consists of all roads not defined as arterials or collectors; primarily provides access to land with little or no through movement.

STREET RIGHT-OF-WAY

Land opened for use as a street, municipally or privately owned, serving as a means of vehicular and pedestrian travel, with space for sewers, public utilities and sidewalks. As a minimum, the legal right-of-way on each side of a street or highway shall be a parallel line not less than 25 feet from the center of a street or highway.

[Amended 8-19-1985 by Ord. No. 4-84]

The expected future street right-of-way width computed from the center line of an established street right-of-way, as identified in the Township Land Development and Subdivision Regulations[6] or Official Map adopted by the Township.

STRUCTURE

Any form or arrangement of building materials, excluding fences, involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements.

[Amended 9-6-1988 by Ord. No. 4-111]

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

[Added 8-21-2018 by Ord. No. 4-250]

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 communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

SWIMMING POOL

Any permanent or temporary structure used for swimming or bathing which has a depth in any part of 24 inches or more. A residential swimming pool is any swimming pool which is constructed on the same lot with and used in conjunction with a dwelling and which is available only to the occupants of the dwelling and their private guests.

TENURE

The form of occupancy of a unit, i.e., fee simple sale, rental, condominium, cooperative, etc.

[Added 7-15-1981 by Ord. No. 4-64]

TOTAL FLOOR AREA

The maximum horizontal floor area of all floors within a building using outside dimensions of each floor, excepting therefrom cornices, chimneys, bay windows not extending more than five feet, one-story open porches, steps, balconies and floor openings above the first floor to the roof such as an atrium or open court.

[Added 7-5-1988 by Ord. No. 4-108][7]

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCF.

[Added 8-21-2018 by Ord. No. 4-250]

TRACT AREA

All land within the lot lines except that located within existing rights-of-way of public roads and overhead utility lines, floodplains and land continuously covered with water.

TREE MASS

Areas, groves or stands of mature trees (i.e., greater than six-inch caliper at a height of five feet from the ground) covering an area greater than 1/4 acre; or groves of mature trees (i.e., greater than twelve-inch caliper at a height of five feet from the ground) consisting of more than 10 individual trees.

[Added 11-2-1979 by Ord. No. 4-56]

TRUCK CAMPER

A structure designed, used or maintained primarily to be loaded or affixed to or towed by a motor vehicle to provide a mobile or temporary dwelling or sleeping place.

VARIANCE

Permission or approval granted by the Zoning Hearing Board in accordance with Article XXXI hereof, constituting a modification of or a deviation from the exact provisions of this chapter as applied to the use of a specific piece of property or portion of the same.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

[Added 8-21-2018 by Ord. No. 4-250]

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

[Added 8-21-2018 by Ord. No. 4-250]

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

[Added 8-21-2018 by Ord. No. 4-250]

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communication facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.

[Added 8-21-2018 by Ord. No. 4-250]

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

[Added 8-21-2018 by Ord. No. 4-250]

YARD

The required open, unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky, except for cornices, eaves, gutters, chimneys or fireplaces. See Article XXVIII for exceptions.

[Amended 11-1-1971 by Ord. No. 4-33; 11-2-1979 by Ord. No. 4-56; 8-19-1985 by Ord. No. 4-84; 6-19-1989 by Ord. No. 4-115; 8-16-1993 by Ord. No. 4-137; 10-6-1997 by Ord. No. 4-157]

FRONT YARDA yard extending the full width of the lot along the street ultimate right-of-way line and not less in depth, measured from the street ultimate right-of-way line, than the minimum required in each district. In the case of a corner lot, the yard extending along all streets are front yards, and the remaining yards shall include a rear yard opposite the street to which the principal building is generally faced and a side yard opposite to the other street; and the side shall be no less in depth than the minimum side yard requirement for the district in which it is located. In the case of a reverse frontage yard, the yard extending along the street to which access is provided is the front yard.

SIDE YARDThe yard extending along the side lot line from the front yard to the rear yard and not less in width, measured from the side lot line, than the minimum required in each district.