As used in this chapter, the following terms shall have the
meanings indicated:
A sign which has not identified or advertised a current business,
service, owner, product, or activity for a period of at least 180
days.
[Added 5-16-2018 by Ord.
No. 1005]
A building subordinate in size and location to the principal
building on a lot and used for purposes customarily incidental to
those located in the principal building.
A self-contained dwelling unit that results from the creation
of a dwelling unit within a detached accessory structure, and which
is complete with food preparation and bathroom facilities, has direct
access to the outdoors or to a hall from which there is direct access
to the outdoors, and is accessory to the principal dwelling unit that
exists on the property.
[Added 4-21-2022 by Ord. No. 1043]
A use located on the same lot with a principal use and incidental
or subordinate to and in connection with the principal use.
[Amended 5-16-2018 by Ord. No. 1005]
An extension or increase in interior or exterior floor area
of a principal building, including outdoor decks, or height of a building
or structure.
A sign, generally applied to a building wall that displays
a building's address.
[Added 6-16-2022 by Ord. No. 1048]
A business that is devoted to, marketed as, or primarily designed
for or engaged in the sale or rental for any form of consideration,
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, movies, digital files, video reproductions, slides, or other
visual representations, either in print or electronic form, which
depict or describe specified sexual activities or specified anatomical
areas. A business that possesses less than 5% of inventory/stock of
such items in relation to the remainder of its inventory/stock, and
is otherwise not devoted to, marketed as, or primarily designed for
or engaged in the sale or rental of such adult items, shall not be
considered an adult store; or
Instruments, devices, games, toys, or paraphernalia which are
designed for use in connection with specified sexual activities.
A business may have business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized
as an adult store if such business otherwise meets this definition.
Such other business purposes alone will not serve to exempt such commercial
establishment from being categorized as an adult store.
An enclosed building that is devoted to, marketed as, or
primarily designed for or engaged in, whether as its primary use or
as an accessory use, presenting material or performances, live or
recorded, distinguished or characterized by an emphasis on matter
depicting, describing or related to specified sexual activities or
specified anatomical areas for observation by patrons therein.
[Added 6-16-2022 by Ord. No. 1048]
The following uses: an adult store, adult theater, or cabaret.
[Added 6-16-2022 by Ord. No. 1048]
A vehicular way located to the rear of lots providing access
to service areas, parking, and accessory buildings or containing utility
easements.
As applied to a principal building, a change or rearrangement
in structural parts visible on the exterior of the building, openings
for windows and doors, or the moving of a building from one location
to another.
A sign which includes action, motion, or color changes, or
the optical illusion of action, motion or color changes, including
signs set in motion by movement of the atmosphere or made up of a
series of sections that turn. An animated sign exists whenever such
sign contains kinetic or illusionary motion.
[Added 5-16-2018 by Ord.
No. 1005]
A building containing only multiple family dwelling units.
The highest point of a sign as measured from the point on
the ground where its structure is located, or, if no sign structure
is present, from the point on the ground directly below the sign itself.
See "elevation, architectural."
[Added 7-20-2023 by Ord. No. 1056]
The servicing, repair, renting, or sale of automobiles, including
the sale and installation of lubricants, tires, batteries and similar
vehicle accessories, which may also include facilities used for polishing,
greasing, washing, painting, body work, or cleaning vehicles. The
term shall also include automobile tag, title, and registration services,
including the transfer and processing thereof.
[Added 6-16-2022 by Ord. No. 1048]
The mean of the building height measurements taken at either
two-foot intervals or at one-foot contour lines, measured as the distance
between the level of the ground and the roof at that point.
[Added 2-4-2021 by Ord. No. 1028]
Lettering applied directly on the valance or other vertical
portion of an awning.
A business that charges a fee or premium to effectuate the
release of an accused defendant or detainee from jail, detention,
or incarceration, sells or issues surety bail bonds, or otherwise
requests financial security in the form of money or personal or real
property to ensure the appearance of a criminal defendant before the
courts.
[Added 6-16-2022 by Ord. No. 1048]
An above-grade platform enclosed by a railing, wall, or balustrade
that projects from the wall of a building.
A sign that is attached flat on the exterior front, rear
or side wall of any building or other structure (synonym: wall-mounted
sign, fascia sign).
Any area of a building having its floor below the mean level
of ground at the primary frontage line. A basement can be used for
any principal or accessory use permitted in the applicable zoning
district.
[Added 2-4-2021 by Ord. No. 1028]
A building used for the purpose of furnishing temporary lodging
to guests, together with food service to such guests.
Activities, facilities, designs, measures, or procedures used to manage stormwater impacts from earth disturbance to meet commonwealth water quality requirements, to promote groundwater recharge, and to otherwise meet the purposes of Chapter 441, Stormwater Management, this chapter, and/or other regulations. Best management practices are those that use methods recommended by Pennsylvania Department of Environmental Protection (DEP) to protect and maintain the chemical, physical, and biological properties of watercourses and comply with the Borough's Code of Ordinances and DEP's guidance.
[Amended 9-21-2023 by Ord. No. 1059]
A flat area where one bicycle may be securely stored and
conveniently accessed and removed without requiring the movement of
other parked bicycles, vehicles, or other objects.
[Added 7-20-2023 by Ord. No. 1056]
Bicycle parking that is primarily intended for bicyclists
who need bicycle parking for more than three hours and is fully protected
from the weather.
[Added 7-20-2023 by Ord. No. 1056]
Bicycle parking primarily intended for bicyclists who need
bicycle parking for three hours or less.
[Added 7-20-2023 by Ord. No. 1056]
A sign mounted on the building facade, projecting at an angle
of 90° (synonym: projecting sign).
A unit of land, being a lot or a group of lots, bounded by
streets, public parks, railroad rights-of-way, watercourses, boundary
lines of the Borough, or by any combination thereof on all sides.
[Amended 7-20-2023 by Ord. No. 1056]
A unit of land for which the properties have a mailing address
for that street within a range of 100 of each other, such as 0 to
99, 100 to 199, 200 to 299; and including only properties on the same
side of the street. A block face is generally bounded by streets,
open space, railroad rights-of-way, and rear lot lines on all sides,
but the numbering of the lots shall prevail as a determiner of the
block face boundaries.
[Added 7-20-2023 by Ord. No. 1056]
The Borough of Narberth, Montgomery County, Pennsylvania.
[Added 7-20-2023 by Ord. No. 1056]
The duly elected Council members for Narberth Borough who
have completed their oath of office and are actively serving their
terms.
[Added 7-20-2023 by Ord. No. 1056]
The professional engineer or engineering firm licensed in
the Commonwealth of Pennsylvania, duly appointed as the engineer for
the Borough of Narberth.
[Added 7-20-2023 by Ord. No. 1056]
Space on a lot adjacent to the boundary of a property or
district without structures.
Any structure having enclosed walls and roof, intended for
support or sheltering a use or occupancy, and attached to the land,
including mobile homes.
[Amended 9-21-2023 by Ord. No. 1059]
The building footprint(s) of all principal and accessory
buildings on a lot expressed as a percentage of the total lot area.
A term used to describe the extent and location of all exterior
walls, and the area therein contained, of a building on a lot. For
the purposes of this chapter, vertical party walls located on a lot
line shall be treated as the limits of building footprint. Decks,
porches, and other extensions of a building fixed to the ground shall
likewise be included in the total.
The building height shall be measured as the distance between
the mean level of the ground as defined for a particular zoning district
and a point midway between the highest and the lowest points of the
roof.
[Amended 2-4-2021 by Ord. No. 1028]
An adult club, restaurant, theater, hall or similar place
which may or may not serve alcoholic beverages and features topless
dancers, go-go dancers, exotic dancers, strippers, or similar entertainers
exhibiting specified anatomical areas or performing specified sexual
activities, or dancing, performing or acting in a lewd, sexually erotic,
exciting, or stimulating manner for patrons or viewers who tip, pay
or give any monetary consideration directly or indirectly to such
featured dancers or entertainers for such featured entertainment.
[Added 6-16-2022 by Ord. No. 1048]
A structure erected over a driveway, entirely open on at
least three sides exclusive of the necessary supporting columns and
other customary architectural features.
The paved portion of a street or alley designed for vehicular
use.
[Added 9-21-2023 by Ord. No. 1059]
Three dimensional letters mounted individually to a rail
or surface.
Unless otherwise specified, the term "chapter" shall refer to Chapter 500, Zoning, of Narberth Borough's duly adopted Code of Ordinances, as amended.
[Added 9-21-2023 by Ord. No. 1059]
A business which is not an accredited bank or financial institution
subject to federal and state regulations that charges either a flat
fee or a fee based on a percentage of the face value of a check to
be cashed or processed by such establishment.
[Added 6-16-2022 by Ord. No. 1048]
A 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.
A facility whose owner maintains a certificate of compliance
with the Pennsylvania Department of Public Welfare in which children,
unrelated to the operator, receive child-care services according to
standards of Pennsylvania State law (Title 55 Public Welfare, Part
V, Subpart D, Article 1) as defined; child-care centers, group child-care
homes, or family child-care homes.
A building originally designed for civic or institutional
use, regardless or its current use. This use shall include buildings
designed to be used for the assembly of people, governmental administration,
emergency services, and libraries, or similar governmental, educational,
or cultural functions.
[Amended 9-21-2023 by Ord. No. 1059]
A public or governmental use such as a park, library, or
municipal offices. See also "institutional use."
[Added 9-21-2023 by Ord. No. 1059]
The height above the walkway, or other surface specified,
of the bottom edge of an element.
A building with one or more office, professional service,
or light industrial use, and no residential uses.
Real estate, wherein portions are designated for separate
ownership and the remainder of which is designated for common ownership
by the owners of those portions or a homeowners' association and organized
in accordance with the Pennsylvania Uniform Condominium Act (68 Pa.C.S.A.
§ 3101 et seq.) or the Uniform Planned Community Act (68
Pa.C.S.A. § 5101 et seq.).
[Added 5-16-2018 by Ord.
No. 1005]
Any nonresidential, charitable or nonprofit use provided
to the general public, such as a community social group, food pantry,
counseling agency, or similar service, and the meeting halls, offices,
and facilities that support that use.
[Amended 5-16-2018 by Ord. No. 1005]
Narberth Borough's most recent duly adopted Comprehensive
Plan, as amended.
[Added 9-21-2023 by Ord. No. 1059]
Real estate, wherein portions are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions and organized in accordance
with the Pennsylvania Uniform Condominium Act. (68 Pa.C.S.A. § 3101
et seq.).
A building or other physical feature that has been designated as a contributing resource pursuant to Chapter 315, Historic Districts, of the Borough Code.
[Added 5-19-2022 by Ord. No. 1045]
See "lot, corner."
[Added 7-20-2023 by Ord. No. 1056]
A detached house serving as a single-family dwelling and
meeting the established locational and dimensional requirements for
a cottage.
A frontage type with an open space along and extending from
the primary frontage line.
The edge of the vehicular pavement that may be raised or
flush to a swale and may incorporate the drainage system.
[Amended 2-4-2021 by Ord. No. 1028]
A line formed by the edge of the nearest curb facing the
vehicular lanes. In the absence of a curb, the curb line shall be
measured from the nearest edge of the cartway, along which a curb
would be otherwise located.
[Added 2-4-2021 by Ord. No. 1028; amended 7-20-2023 by Ord. No. 1056]
A separate or disconnected house designed as a dwelling for
fewer than three families.
A privately owned, constructed, and maintained vehicular
accessway from a public or private right-of-way to one or more off-street
parking or loading spaces, including spaces within a garage.
[Amended 2-4-2021 by Ord. No. 1028; 7-20-2023 by Ord. No. 1056]
An establishment engaged in one or more of the following,
including: dry-cleaning services, laundering services, drop-off and
pickup sites for dry-cleaning and/or laundering services, and/or specialty
cleaning services for garments and other textile items, whether or
not the establishment provides all, some or none of the services on
the premises.
[Added 11-20-2018 by Ord.
No. 1010]
A building or floors permanently occupied by more than two
families on one lot, where living areas are completely separated by
walls from each other. Common areas, such as laundry facilities, hallways,
storage areas, and shared entrance(s) may exist within the structure.
A building permanently occupied by one family on one lot.
A building permanently occupied by two families located on
one lot, where living areas are completely separated by walls from
each other and each unit has a separate entrance to the outside.
Any room or group of rooms located within a residential building
and forming a single, habitable unit with facilities used or intended
to be used for living, sleeping, bathing, cooking and eating by one
family.
[Added 4-21-2022 by Ord. No. 1043]
The lower edge of a roof that overhangs a wall or porch at
the extent of a building's foundation, or in the case of flat roofs,
the point where the roof meets an exterior vertical wall.
A motor vehicle that derives all or part of its power from
electricity received by plugging the vehicle into an outlet and storing
electricity in its batteries. EVs include but are not limited to all-electric
vehicles (AEVs) and plug-in hybrid electric vehicles (PHEV).
[Added 7-20-2023 by Ord. No. 1056]
A public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an EV.
[Added 7-20-2023 by Ord. No. 1056]
A vertical distance above or below a fixed reference level.
[Amended 7-20-2023 by Ord. No. 1056]
A flat scale drawing of the front, rear, or side of a building.
[Added 7-20-2023 by Ord. No. 1056]
To break the plane of a vertical or horizontal regulatory
limit with a structural element, so that it extends into a setback
or above a height limit.
Any structural element that breaks the plane of a vertical
or horizontal regulatory limit, extending into a setback or above
a height limit.
Any building or portion of a building designed for assembly
and viewing of live or recorded performing arts.[1]
The alteration of any exterior features of a building, such
as roof pitch or the size of door and window openings that are visible
from any frontage.
Any exterior structural walls of a building.
[Amended 7-20-2023 by Ord. No. 1056]
The facade area shall be calculated as the cumulative area
of the front facade of a building when viewed as an architectural
elevation, including the area of the front facade and the area of
all exterior walls that are substantively parallel to the front facade
and within six feet of a plane extending the width of the frontage
upwards to the maximum height of the building.
[Added 2-4-2021 by Ord. No. 1028; amended 7-20-2023 by Ord. No. 1056]
Any exterior walls of a building located at or near the primary
frontage line.
[Amended 7-20-2023 by Ord. No. 1056; 9-21-2023 by Ord. No. 1059]
Specific to corner lots, all aboveground exterior walls of
a building's exterior walls which face the adjacent street not faced
by the front facade.
[Added 11-20-2018 by Ord.
No. 1010; amended 2-4-2021 by Ord. No. 1028]
Any number of individuals living and cooking together as
a single housekeeping unit, provided that not more than four of such
number are unrelated to all of the others by blood, marriage, or legal
adoption, unless a reasonable accommodation is required for compliance
with the Fair Housing Act, 42 U.S.C. § 3601 et seq.
[Amended 9-21-2023 by Ord. No. 1059]
Any premises or dwelling unit other than the child's own
home where the child-care areas are being used as a family residence,
operated for profit or not for profit, in which child care is provided
at any one time on a regular basis to four, five, or six children,
who are not relatives of the caregiver.
A structure made of posts, rails, or the like which is a
visible barrier that serves as a boundary marker or means of protection,
confinement, or separation.
[Amended 11-20-2018 by Ord. No. 1010]
An institution (other than a retail bank) that is organized
primarily for the purpose of investing and trading of stocks, bonds
and other investments, insurance, and advising clients on financial
matters.
A sign which permits light to be turned on or off intermittently,
or any illuminated sign on which such illumination is not kept stationary
or constant in intensity or color at all times when such sign is in
use, including an LED (light-emitting diode) or digital sign. A flashing
or message sign occurs whenever such signs include lights or messages
which change, flash, blink or turn on and off intermittently, with
the exception of such signs which are limited exclusively to time
and temperature displays, with no other text or image.
[Added 5-16-2018 by Ord.
No. 1005]
The sum of the gross horizontal areas of all floors in a
building, measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings. The gross floor
area shall include, but is not limited to, atriums, balconies, and
other similar interior horizontal areas. The gross floor area shall
not include basement areas used exclusively for storage, nor shall
it include permitted outdoor or display areas.
[Added 4-21-2022 by Ord. No. 1043]
In the case of buildings with raised entrances, the exterior
plane that is connected to and at the same elevation as the first
floor of the structure.
The area between the front building facade and the curb line,
inclusive of its built and planted components. In case of a corner
lot or through-block lot, any facade that faces a street shall be
considered to have a frontage between the building facade and vehicular
lanes.
[Amended 7-20-2023 by Ord. No. 1056]
The percentage of a lot width that is occupied by a front
building facade at the primary frontage line at ground level. In case
of a corner lot or through-block lot, frontage build-out may be required
on other frontages that face a street. Any facade that faces a street
shall be considered to have a frontage between the building facade
and curb line.
[Amended 2-4-2021 by Ord. No. 1028; 7-20-2023 by Ord. No. 1056]
A line parallel or tangent to a street located at a distance
equal to the required setback. In the case of an existing building,
the frontage line shall be at the existing building facade facing
the street.
[Amended 2-4-2021 by Ord. No. 1028; 7-20-2023 by Ord. No. 1056]
A line parallel or tangent to the street that the front facade
faces, located at a distance equal to the required front setback.
In case of an existing building, the primary frontage line shall be
at the existing front facade.
[Amended 2-4-2021 by Ord. No. 1028; 7-20-2023 by Ord. No. 1056]
Specific to corner lots, a line parallel or tangent to the
secondary street that the secondary facade faces, located at a distance
equal to the required setback. In case of an existing building, the
secondary frontage line shall be at the existing secondary facade.
[Added 2-4-2021 by Ord. No. 1028; amended 7-20-2023 by Ord. No. 1056]
A required architectural feature or set of features that
is incorporated into the front facade of all principal buildings.
[Added 2-4-2021 by Ord. No. 1028; amended 7-20-2023 by Ord. No. 1056]
An establishment that accommodates or is designed to accommodate
the sale of gasoline, diesel fuel, ethanol, or any other fuel for
vehicles by dispensing it directly into vehicles or approved containers.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation. A funeral home shall not include a crematorium.
[Amended 5-16-2018 by Ord. No. 1005]
A triangular portion of an end wall between the edges of
a sloping roof.
A use within a building where works of art are displayed
and sold to the public as a regular business activity.
A symmetrical four-sided roof that overhangs a facade and
has vertical gable ends. The upper slope is positioned at a shallower
angle than the lower slope.
[Amended 9-21-2023 by Ord. No. 1059]
An enclosed accessory building with a door or part of a principal
building used for parking spaces.
An office use not otherwise defined as professional office
or medical office in this chapter. This use shall include neither
retail nor industrial uses, but may include business or vocational
training.
See "floor area."
[Amended 4-21-2022 by Ord. No. 1043]
A facility in which care is provided for more than six but
fewer than 12 children at any one time, where the child-care areas
are being used as a family residence.
A retail store that is engaged in the selling, leasing, purchasing,
or lending of any firearms or ammunition.
[Added 6-16-2022 by Ord. No. 1048]
Areas within buildings suitable for living for work authorized
with a certificate of occupancy by the Building Inspector.
Any continuous line of vegetation which serves as a boundary
marker or means of protection or confinement.
Any establishment that is devoted to, marketed as, or designed
for, whether as its primary use or as an accessory use, the on-premises
use of smoking through a water pipe with a smoke chamber, a bowl,
a pipe and a hose, commonly referred to as a "hookah," and also known
as narghile, argileh, shisha, hubble-bubble and goza, or any similar
device used for on-premises smoking. The term "hookah bar" includes,
but is not limited to, establishments variously known as hookah parlors,
hookah cafes, and hookah lounges.
[Added 6-16-2022 by Ord. No. 1048]
Any area that is covered by material placed on or above the
ground that prevents the natural percolation of water. Examples include,
but are not limited to, structures (including eaves, roofs, and roof
overhangs); paved parking spaces, driveways, and streets; buildings,
sidewalks, patios and decks, sport courts, and similar surfaces. Pervious
materials, such as gravel, crushed stone, or pavers, without an improved
infiltration facility, shall be regarded as impervious cover. Hardscaped
areas such as pervious asphalt that are designed to properly infiltrate
stormwater and approved by the Borough Engineer may be counted as
pervious surface.
[Amended 2-4-2021 by Ord. No. 1028; 7-20-2023 by Ord. No. 1056]
The amount of impervious cover on a lot expressed as a percentage
of the total lot area.
A structure or landscape feature that promotes the movement
of water into the soil, where it is absorbed by plant roots, evaporated
into the atmosphere, or percolates downward to recharge groundwater.
[Amended 9-21-2023 by Ord. No. 1059]
A use that serve public or community benefit, including but
not limited to: museum; community art, education, health, and recreation;
day care; public school; private school; college; university; and
place of worship. Properties used for municipal operations are excluded.
Institutional uses may be operated by public, private, or not-for-profit
organizations.
[Added 9-21-2023 by Ord. No. 1059]
Interior spaces of dwellings that include areas for cooking,
sleeping, and bathing shared by one family.
A designated tract, parcel, or unit of land held by a landowner
and/or intended for use, development, lease, or transfer of ownership
and for which a deed description is recorded or is intended to be
recorded at the Office of the Recorder of Deeds for Montgomery County.
[Added 9-21-2023 by Ord. No. 1059]
The total area of a lot as described on a deed filed with
the Montgomery County Recorder of Deeds for a particular tax parcel
less the area dedicated for public or private vehicular and pedestrian
rights-of-way.
A lot which has contiguous frontage on two intersecting streets.
[Added 7-20-2023 by Ord. No. 1056]
An area of a lot defined by its distance and limit from the
curbline to include both the surface of the lot and the areas above.
[Amended 2-4-2021 by Ord. No. 1028; 9-21-2023 by Ord. No. 1059]
A line defining the limits of a property exclusive of areas
dedicated to public or private rights-of-way.
The mechanical or chemical transformation of materials or
substances into new products, including assembly or component parts
and the production or refining of goods, materials or substances into
new products.
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 or otherwise legally dispenses marijuana.
The term does not include a health care medical marijuana organization
under Chapter 19 of the Medical Marijuana Act.
[Added 6-16-2022 by Ord. No. 1048]
A projecting structural feature of a building that provides
shelter and sign space.
A place where medical or dental care is furnished to persons
or animals on an outpatient basis by one or more doctors, dentists
or veterinarians, without overnight boarding of animals or outside
runs.
A sign with changeable text.
A multistory building that includes two or more uses (as
defined by this chapter) from the following list:
[Amended 7-20-2023 by Ord. No. 1056]
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
Borough 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. The term shall include any roofed
addition such as extra rooms, covered patios, porches, etc.
[Added 9-21-2023 by Ord. No. 1059]
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use
consisting of two or more mobile home lots.
[Added 9-21-2023 by Ord. No. 1059]
A building occupied by between two and five dwelling units
organized as a single structure with or without a shared entrance
to some or all of the dwellings.
[Amended 11-20-2018 by Ord. No. 1010]
Pennsylvania Act 247 of July 31, 1968, 53 P.S. § 10101
et seq., as amended. Also referred to as the "MPC" or "Act 247" or
the "Pennsylvania Municipalities Planning Code." This Act establishes
the authority for the municipal land use controls in Pennsylvania.
[Added 9-21-2023 by Ord. No. 1059]
A use within a building where works of art or objects of
interest are displayed and viewed by the public, but not offered for
sale on a regular basis.
A sign consisting of either a panel or individual letters
applied to a building, listing the names of businesses or building
tenants.
A business or commercial activity administered or conducted
as an accessory use that is clearly secondary to the use as a residential
dwelling and that 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, further defined by Act 247, the Pennsylvania Municipalities
Planning Code.
A structure or part of a structure that does not comply with
the applicable 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.
A lot, the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A use, whether of land or of a building, which does not comply
with the applicable use provisions in the zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment.
An outdoor sign whose message directs attention to a specific
business, product, service, event or activity, or other commercial
or noncommercial activity, or contains a noncommercial message about
something that is not sold, produced, manufactured, furnished, or
conducted on the premises upon which the sign is located.
A sign consisting of a lockable metal or wood-framed cabinet
with a transparent window or windows, mounted onto a building wall
or freestanding support.
A legally described piece of land owned and recorded as the
property of a single person or entity.
[Added 9-21-2023 by Ord. No. 1059]
Any area that is used for the storage of motor or other vehicles.
The term shall include parking spaces and parking drive aisles, but
not the driveway that connects the parking lot to the street. The
terms "parking lot" and "parking area" are interchangeable.
[Added 7-20-2023 by Ord. No. 1056]
An area of a street, parking lot, or garage, whether public
or private, intended and used for the storage of one motor vehicle.
With respect to parking spaces on lots, a driveway(s) or parking aisles
shall provide access to and from the street and be considered separate
from the parking spaces.
[Amended 9-21-2023 by Ord. No. 1059]
A continuous vertical wall that is shared by and completely
separates two adjacent buildings and shall be located on a lot line.
[Amended 9-21-2023 by Ord. No. 1059]
An open area typically with a hard surface placed upon the
ground adjacent or attached to a principal building having no enclosing
walls, roof or shelter from the weather.
A business which is engaged to any extent in any of the following
business or activities:
[Added 6-16-2022 by Ord. No. 1048]
The lending of money on the deposit or pledge of personal property,
other than chosen in action, securities or written evidence of indebtedness;
The purchase of personal property either from an individual,
another pawn business or any other business with an expressed or implied
agreement or understanding to sell it back at a subsequent time at
a stipulated price or negotiated price;
The purchase of personal property either from an individual
or another pawn business with an expressed intent of offering the
property for resale;
The lending of money upon personal property, goods, wares or
merchandise pledge, stored or deposited as collateral security; or
The purchase of precious metals by or on behalf of a "cash for
gold" or similar operation, excluding the purchase of precious metals
at wholesale and excluding a business with a primary purpose being
the sale of jewelry.
A business where a lender will extend, or will negotiate,
arrange, aid or assist a consumer in procuring a "payday loan," "cash
advance loan," "check advance loan," or otherwise offer or assist
with a short-term credit or a cash advance secured or facilitated
by a consumer's personal check that is held for future deposit or
by electronic access to the consumer's bank account. The term includes
any form of such lending, notwithstanding the presence of some other
element introduced to disguise the true nature of the transaction,
such as the sale or provision of a good, service or commodity incidental
to the advance of funds and notwithstanding the fact that the transaction
is conducted in person, by mail, internet or telephone, or through
any other means. The term shall not include loans made by the customer's
employer or an agent of such employer or by a federally or commonwealth-charted
bank, thrift or credit union.
[Added 6-16-2022 by Ord. No. 1048]
An establishment which offers specialized nonmedically related
services generally related to personal needs where the customer area
is not separated from the service area. Personal care services include
barbershops, beauty shops, hair salons, waxing and hair removal services,
nail salons, laundromats, and other similar establishments. These
businesses may or may not offer sales of goods in conjunction with
personal care services.
[Added 11-20-2018 by Ord.
No. 1010; amended 9-21-2023 by Ord. No. 1058]
An on-premises sign that expresses an opinion, interest,
position, or other noncommercial message.
[Added 5-16-2018 by Ord.
No. 1005]
Such use shall include businesses which typically offer services
in conjunction with the sale of goods. Such uses differ from other
retail in that the customer area is separated from the service area,
and some form of laboratory, fabrication area, repair area or processing
area is necessary. Such use includes but is not limited to photography
studio, copying service, tech service repair shops and other similar
establishments.
[Amended 11-20-2018 by Ord. No. 1010]
A slightly projecting column that is built into or applied
to the face of a wall.
The duly appointed Narberth Borough Planning Commission.
[Added 9-21-2023 by Ord. No. 1059]
An area of land separating the passable area of a sidewalk
from the curb, and consisting of grass, landscaping, trees, and/or
utilities as permitted for each location.
[Added 7-20-2023 by Ord. No. 1056]
A roofed area that is attached to and has direct access to
the principal building.
A roofed area that is attached to and has direct access to
the principal building, typically smaller than a porch.
The building on a lot that is the largest on a lot and houses
the principal use(s).
A road bordering a property that existing buildings on the
block face.
The main use(s) of land or structures, as distinguished from
an accessory use.
A use that involves the administrative, clerical, real estate,
financial, governmental, certain professional operations, or operations
of a similar character that are not reasonably expected to result
in regular, frequent client/customer visits to the office space. The
following uses are specifically excluded from the definition of office
use for purposes of this section and shall not be permitted: medical
and dental offices, clinics, laboratories, retail, call-centers, vocational
training centers, child care, industrial, consumer banking, temporary
lodging, photographic studios and/or television or radio broadcasting
studios, and personal service or therapeutic uses, including psychological
and psychiatric uses.
[Amended 5-16-2018 by Ord. No. 1005]
The recorded boundary of a lot as described in the deed.
[Added 9-21-2023 by Ord. No. 1059]
The street or road bordering a property that is on the opposite
side of the lot from the principal street.
[Added 5-19-2022 by Ord. No. 1045; amended 9-21-2023 by Ord. No. 1059]
The following uses: bail bond agency, check cashing business,
gun shop, hookah bar, pawnshop, payday lender, shooting range, smoke
shop, tattoo parlor, any store or restaurant that sells or offers
products containing Delta-8 THC (or Delta-8-tetrahydrocannabinol)
or kratom, and/or any business that permits or sanctions off-track
betting or gambling on horse racing outside a racetrack.
[Added 6-16-2022 by Ord. No. 1048]
A store where prepared food or drink is sold to patrons and
consumed on the premises in an area dedicated for this purpose.
A financial or fiduciary institution, including a savings
and loan, finance company, credit union and other similar institutions;
that has routine interactions with the public and may include automatic
teller machines.
The horizontal line along which the tops of the rafters of
a roof meet.
A strip of land occupied or intended to be occupied at some
future date by streets, signs, sidewalks, parking meters, electric
vehicle charging stations, planting strips, trails, railroads, transmission
lines, pathways, utility poles, electrical lines, oil and gas pipelines,
water lines, sewer lines, utility improvements, vehicular and/or pedestrian
traffic improvements, and other similar facilities.
[Amended 9-21-2023 by Ord. No. 1059]
Any roof plane whose rafters rest on a load-bearing exterior
wall at the height of a first or second floor eave or overhanging
a wall or porch.
Any roof plane that is not a primary roof, such as dormer
or porch roofs.
A single-family dwelling that shares one or two vertical
party walls on a lot line with another dwelling of the same type along
the primary frontage line in a group of such dwellings numbering no
less than three.
A building designed and used for human educational purposes,
including only the following: preschool, nursery school, elementary
and secondary schools, colleges, universities, junior colleges and
vocational and technical schools. A school may be either private or
public.
The area of a lot measured from a lot line to a facade or
other exterior wall of the building that is maintained clear of permanent
structures, not to include portions of the structure authorized as
an encroachment. In Zoning Districts 3a, 3b, 3c, and 5a, the required
front setback for new buildings shall be measured from the curbline
and shall adhere to the median setback measurements in Table (13).[2]
[Amended 11-20-2018 by Ord. No. 1010; 2-4-2021 by Ord. No. 1028; 9-21-2023 by Ord. No. 1059]
A street tree. See "tree, street."
[Added 7-20-2023 by Ord. No. 1056]
Any off-street parking shared by two or more uses.
[Added 7-20-2023 by Ord. No. 1056]
An accounting of parking spaces that are available to more
than one use on a lot or shared between adjoining lots.
An awning with two short sides in addition to the main canopy.
A small blade sign usually mounted on the ground floor level
displaying a building's professional tenant directory.
A place that is designed or intended for the safe discharge,
on a regular and structured basis, of firearms for the purpose of
target practice or target shooting competitions.
[Added 6-16-2022 by Ord. No. 1048]
A frontage type on the first floor that is primarily transparent
and faces a frontage line.
[Added 7-20-2023 by Ord. No. 1056]
The paved area for pedestrians adjoining the street within
or adjoining the dedicated public right-of-way not including the width
of the curb.
A moveable freestanding sign that is typically double-sided,
placed at the entrance to a business to attract pedestrians.
Any device, structure, fixture, painting, emblem, or visual
that uses graphics, colors, illumination, symbols, numbers, or letters
for the purpose of communicating a message. Sign includes the sign
faces as well as any sign supporting structure.
[Added 5-16-2018 by Ord.
No. 1005]
The horizontal signage area on a valance or marquee.
A store where prepared food is sold to patrons and consumed
on premises in an area dedicated for this purpose that is less than
or equal to 500 square feet.
A retail sales or wholesale establishment primarily engaged
or marketed as selling tobacco, tobacco products/accessories, and/or
vaping products and accessories. A retail sales or wholesale establishment
which maintains 20% or more of its total merchandise as tobacco, tobacco
products/accessories, and/or vaping products or accessories shall
be considered a tobacco store/smoke shop for the purposes of this
chapter. For the purposes of this chapter, a retail or wholesale establishment
which holds itself out as, or otherwise promotes or markets itself
as, a "tobacco store," a "smoke shop," a "vape shop," a " cigar shop"
or a similar establishment, shall also be considered a tobacco store/smoke
shop for the purposes of this chapter. Examples of vaping products
and accessories referred to in this chapter include, without limitation,
e-cigarette or vape cartridges or refills, vaporizers, vape pens,
vapor products, hookah pens, electronic cigarettes, e-cigarettes,
e-cigs, e-pipes, and any other electronic nicotine delivery system
"ENDS"). ENDS shall be deemed noncombustible tobacco products. Tobacco
products and accessories as referred to in this chapter shall include,
without limitation, any substance containing tobacco leaf, including
but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco or dipping tobacco, matches, lighters, grinders, hookahs,
pipes, chewing tobacco, cigarette rolling machines or papers, ashtrays,
pipe tools, pipe supplies and pipe accessories.
[Added 6-16-2022 by Ord. No. 1048]
Less than completely and opaquely covered:
[Added 6-16-2022 by Ord. No. 1048]
Includes the following:
[Added 6-16-2022 by Ord. No. 1048]
See "tree, specimen."
[Added 7-20-2023 by Ord. No. 1056]
A frontage type, usually elevated above grade, which connects
the front door of a building to a sidewalk.
[Amended 9-21-2023 by Ord. No. 1059]
Any retail establishment which derives the majority of its
gross receipts from selling any merchandise to patrons and includes
areas for the display and storage of goods for on-site sale.
[Amended 5-16-2018 by Ord. No. 1005]
The surface runoff generated by precipitation, snow, or ice
melt reaching the ground surface.
[Added 9-21-2023 by Ord. No. 1059]
Procedures, infrastructure, and techniques to control water
that runs off the surface of the land from precipitation, snow, or
ice melt reaching the ground surface.
[Added 9-21-2023 by Ord. No. 1059]
Any structure, natural or man-made, that, due to its condition,
design, or construction, conveys, stores, or otherwise affects stormwater
runoff. Typical stormwater management facilities include, but are
not limited to, detention and retention basins, open channels, storm
sewers, pipes, and infiltration structures.
[Added 9-21-2023 by Ord. No. 1059]
A habitable floor within a principal building, not to include
basements or attics; or in the case of accessory buildings where the
accessory use is located.
The line of dedication in the case of a dedicated street
and a line 25 feet each side of the center line in the case of a private
road.
A general term used to describe a right-of-way, publicly
or privately owned, serving as a means of vehicular, pedestrian, and
other travel, furnishing access to abutting properties and space for
sewers and public utilities. The word "street" includes road, roadway,
highway, avenue, boulevard, lane, circle, or expressway. It shall
also include the terms "place" or "park" when they are used to reference
a paved transportation accessway meeting the definition here. The
terms "street," "road," and "roadway" may be used interchangeably.
The term "street" does not necessarily include the term "Alley."
[Added 9-21-2023 by Ord. No. 1059]
See "tree, street."
[Added 9-21-2023 by Ord. No. 1059]
The street or road bordering a property and onto which a
building's front facade faces.
[Added 2-4-2021 by Ord. No. 1028]
For corner properties, the street or road onto which a building's
secondary facade faces.
[Added 2-4-2021 by Ord. No. 1028]
A thin continuous projecting course of brickwork or stone
that runs horizontally around a building, typically to emphasize the
junction between floors.
[Added 9-21-2023 by Ord. No. 1059]
Parking spaces in a decked configuration developed at, above
or below grade either as an integral part of a principal building
or as an accessory building; not including single-level parking within
a basement, a garage or the first level of a structure.
[Amended 2-4-2021 by Ord. No. 1028]
An establishment in which fine art or crafts are manufactured
and sold to customers, or fine arts training classes are held.
The division, redivision or union of a lot, tract or parcel
of land by any means into a new lot, tract or parcel, or multiples
thereof, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution, transfer of ownership, or of building or land development.
[Amended 5-16-2018 by Ord. No. 1005]
A permanently affixed, nonmoveable, and durably constructed
shield or canopy projecting from an exterior wall of a building designed
to permit maximum solar heating during the shortest day of the year
and maximum solar cooling during the longest day of the year.
A business which is engaged in any extent in providing customers
with tattoos. For purposes of this definition, a "tattoo" is an indelible
mark, figure or decorative design introduced by insertions of dyes
or pigments into or under the subcutaneous portion of the skin or
by the production of scars upon the body of a live human being.
[Added 6-16-2022 by Ord. No. 1048]
A dwelling rented or otherwise used by a family for no more
than 30 days in one year.
[Amended 5-16-2018 by Ord. No. 1005]
A transient gathering of retail businesses in a location
such as a parking lot or building.
A frontage type usually elevated above grade and open for
seating.
[Amended 7-20-2023 by Ord. No. 1056]
A lot, other than a corner lot, which has frontage on two
or more streets, or a corner lot with frontage on three or more streets.
[Added 4-21-2022 by Ord. No. 1043]
A "street tree."
[Added 9-21-2023 by Ord. No. 1059]
A tree that is particularly impressive or an unusual example
of its species due to its size, shape, age, or any other trait that
epitomizes the character of that species, as determined by the Narberth
Borough Shade Tree Commission.
[Added 9-21-2023 by Ord. No. 1059]
Any tree with a portion extending within the lines of the
ultimate right-of-way of any street or planted in an alternate location
as permitted by the Borough's Code of Ordinances.
[Added 9-21-2023 by Ord. No. 1059]
An excavated opening in the sidewalk for planting trees.
A pair of single-family dwellings designed as a single structure
with substantially similar halves that shares a vertical party wall
on a lot line along the primary frontage line.
The portion of an awning that hangs perpendicular to the
sidewalk.
A solid structure used to enclose an area or to retain an
adjoining slope.
[Added 11-20-2018 by Ord.
No. 1010]
A sign placed or painted on the interior of a shopfront window
or the window of a business door.
A permanent freestanding sign in the frontage, including
a supporting post or posts.
The area between a building facade and the lot line.
[Amended 7-20-2023 by Ord. No. 1056]
