In interpreting this chapter, the present tense includes the
future; the singular number includes the plural, and the plural the
singular; the word "building" includes the word "structure" and shall
be construed as if followed by the words" or part thereof"; the word
"occupy" includes the words "designed" or "intended to be occupied";
the word "person" includes any natural persons, partnership, firm,
association, or corporation.
[Amended 9-26-1989 by Ord. No. 704; 7-28-1992 by Ord. No. 728; 9-9-2003 by Ord. No. 781]
Unless otherwise expressly stated, the following words shall
for the purpose of this chapter have the meanings herein indicated:
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude or almost nude female breasts or engaging
in simulated or actual specified sexual activities to three or more
persons and which is related to monetary compensation paid to the
person or entity operating the use or to persons involved in such
activity.
[Added 8-9-2016 by Ord.
No. 883]
A use involving the on-site presentation to five or more
persons at one time of moving images distinguished by an emphasis
on depiction of specified sexual activities and that is related to
monetary compensation paid by the persons viewing such matter.
[Added 8-9-2016 by Ord.
No. 883]
A use that has over 10% of the total floor area occupied
by items for sale or rent that are books, films, magazines, videos,
paraphernalia, novelties or other periodicals which are distinguished
or characterized by a clear emphasis on matter depicting, displaying,
describing or relating to uncovered male or female genitals or specified
sexual activities. This shall include but not be limited to materials
that would be illegal to sell to persons under age 18 under state
law.
[Added 8-9-2016 by Ord.
No. 883]
Adult store, adult movie theater, adult live entertainment
facility/use or massage parlor.
[Added 8-9-2016 by Ord.
No. 883]
The cultivating of the soil and the raising and harvesting
of the products of the soil including, but not by way of limitation,
nursery, horticulture and forestry.
Any changes in existing facilities, structural parts, or
mechanical equipment which does not increase the cubic content of
the building.
A dwelling unit in a building containing three or more units
having some common services or facilities.
A structure containing three or more dwelling units having
some common services or facilities.
Passed upon as satisfactory by the authority designated by
law to give approval to the matter in question.
A story totally or partially underground. A habitable basement
shall have less than half its clear height below grade.
Any enlargement of a building, whether by extending on any
side or by increasing in height, any change in the use or classification
of a main building, or the moving of a building from one location
to another.
The duly elected Borough Council of the Borough of Royersford
in the County of Montgomery and Commonwealth of Pennsylvania.
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, "buffer" may be included as part
of the required setbacks and yard areas. Buffers are divided into
two types:
SCREEN BUFFERA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to provide a minimum initial opacity of 60% and to effectively block the view from one side to another during all seasons of the year.
SOFTENING BUFFERA buffer comprised of natural and/or man-made material arranged in a certain specified depth, height, and density to provide a minimum initial opacity of 35% and to soften and ease the view from one side to another during all seasons of the year.
Any structure having enclosed walls or partly enclosed walls
and a roof, that is permanently located on the land.
That percentage of the net area of a lot occupied by buildings,
measured by taking the aggregate of the maximum horizontal cross-section
areas of all buildings on a lot, taken at their greatest outside dimensions
on the ground floor, including all attached structures, except steps
and terraces at a lower plane or planes than the majority of the first
floor area of the principal building. (Cornices, eaves, and gutters
are excluded, while porches, breezeways and carports are included.)
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located, provided that, in the case of a lot where
the side lines are not parallel, the building line shall be at the
point where minimum lot width first coincides with the required lot
width but in no case closer to the street line than the required front
yard.
A building subordinate to the principal building on the same
lot therewith and used for purposes customarily incidental to those
of the principal building.
A building in which is conducted the principal use of the
lot on which it is located.
A place of business at which services are offered to the
general public or a limited number thereof and where no goods, equipment,
merchandise or materials are displayed, stored or sold. For illustration,
a real estate sales office, insurance sales and services office, advertising/marketing
services office, or travel agency shall constitute a business office.
[Added 6-12-2012 by Ord.
No. 852]
Provision made for traffic within or through buildings, outside
areas, and communities.
A principal building used for the meeting place of an organized
group of citizens such as a veterans' organization, fraternal organization,
business organization, service organization and the like, in which
the activities are limited to members of the organization and their
guests and which may also provide living quarters for caretakers and
transient quarters for members.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site designed and intended
for the use or enjoyment of the development, not including streets,
off-street parking areas, and areas set aside for public facilities.
Common open space shall be substantially free of structures but may
contain such improvements as are in the development plan as finally
approved and as are appropriate for the recreation of residents.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The Royersford Borough Comprehensive Plan of 2017 and amendments
thereto, including maps, charts, and/or descriptive matter officially
adopted by the Borough Planning Commission and Borough Council, indicating
recommendations for the continuing development of the Borough and
including all elements required by the Pennsylvania Municipalities
Planning Code (Act 247).[1]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Borough Council. The Borough Council is empowered
to grant permission for conditional uses, consistent with the public
interest, in compliance with the standards and procedures established
in this chapter.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. Real estate is not condominium
unless the undivided interests in the common elements are vested in
the unit owners.
The materials and methods of fabricating the various elements
of a structure or building.
The remodeling or alteration of a structure so as to accommodate
the provision of more apartment units (or dwelling units) than were
originally intended, a change to a nonresidential use of a residential
use, or a change of a nonresidential use. Residential conversions
include the alteration of a nonresidential structure into a dwelling
unit for at least one family, the modification of a single-family
structure so as to accommodate two or more dwelling units, and the
alteration of a multifamily structure so as to accommodate more units
than originally intended.
A minor street with entrance and exit at the same end.
A unit which describes the sound pressure level or intensity
of sound. A sound-level meter is calibrated in decibels.
A written instrument whereby an estate in real property in
conveyed by a grantor to a grantee.
The number of units (persons, families, or dwellings) per
acre or square mile.
That portion of a tract of land excluding the rights-of-way of all existing public roads and all floodplains as defined in Chapter 248, Floodplain Management.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for a land development, including a plat of
subdivision, all covenants relating to use, location and bulk of buildings
and other structures, intensity of use of density of development,
streets, ways and parking facilities, common open space and public
facilities. The phrase "provisions for the development plan" shall
mean the written and graphic materials mentioned above.
A house, an apartment, or other group of rooms, or a single
room is regarded as a dwelling when it is occupied or intended for
occupancy as separate living quarters; that is, when the occupants
do not live and eat with other persons in the structure and there
is either:
When described in the pertinent parts herein, the various
dwelling types are intended to have the following meanings:
SINGLE-FAMILY DETACHED DWELLING (or SINGLE-FAMILY DWELLING)A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjoining building.
SINGLE-FAMILY ATTACHED DWELLINGA building designed for and occupied exclusively as the residence for one family with no more than two party walls in common with any other dwelling.
TWINS (or TWO SINGLE-FAMILY SEMIDETACHED DWELLINGS)A building designed for and occupied by two families, having one party wall in common with each dwelling unit.
[Amended 8-9-2016 by Ord.
No. 883]
DUPLEX (or TWO-FAMILY DETACHED DWELLING)A building designed for and occupied by two families one living above the other, having a common partition between them and having no party wall in common with an adjoining building.
MULTIFAMILY DWELLINGS (MULTIPLEX)A detached building occupied by three or more families, each living independently of the other.
LOW-RISE APARTMENTA multifamily dwelling, as defined above, which is three stories or less in height.
MID-RISE APARTMENTA multifamily dwelling, as defined above, which is four or five stories in height.
A vested or acquired right to use land other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public, provided that in residential districts
an electric substation shall not include rotating equipment, storage
of materials, trucks or materials, trucks or repair facilities, housing
of repair crew, offices or place of business.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
A material which produces flammable or explosive vapors under
ordinary temperature conditions and includes liquids which have a
closed-cup flash point of less than 105° F.
Any number of individuals living together as a single nonprofit
housekeeping unit and doing their cooking on the premises, excluding,
however, occupants of a club, fraternity house, lodge, residential
club or rooming house.
The gross floor area of all buildings within the tract area
divided by the tract area.
[Added 6-30-2020 by Ord.
No. 903]
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development.
[Added 8-11-2020 by Ord.
No. 904]
The extent of a building or of land along a public road or
a public waterway.
PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or the tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
STORAGEA 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 service or repair thereof nor for the sale of fuel, accessories or supplies.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicle fuel or accessories, and which may or may not include facilities
for lubricating, washing, or otherwise servicing motor vehicles, but
which shall not include painting or body and fender repairs.
The sum of the areas of the several floors of a building,
including areas used for human occupancy in basements, attics, and
penthouses, as measured from the exterior faces of the walls. It does
not include cellars or basements, unenclosed porches, or attics not
used for human occupancy, or any floor space in accessory buildings
or in the main building intended and designed for the parking of motor
vehicles, or any such floor space intended and designed for accessory
heating and ventilating equipment. It shall include the horizontal
area at each floor level devoted to stairwells and elevator shafts.
[Added 6-30-2020 by Ord.
No. 903]
A building's vertical measurements from the mean level of
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.
Any occupation for gain or support conducted only by members
of a family residing on the premises and conducted entirely on the
lot, in conjunction with the standards herein. The conducting of a
clinic, hospital, tearoom, tourist home, animal hospital or any other
similar use shall not be deemed as a home occupation.
A building used for the purpose of furnishing for compensation
more or less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
Those housing units designed for and intended for occupancy
exclusively by those persons over the age of 62. Such units include
those projects developed under applicable federal and/or state housing
assistance programs. Such housing units shall contain appropriate
safety features pertinent to the needs of their residents and ancillary
recreational and other community facilities as an integral part of
their development concept. Furthermore, the developer of such housing
units in the Borough of Royersford must guarantee that said units
will be occupied solely by elderly residents as defined above; this
guarantee shall be reviewed and approved by the Borough Solicitor.
That percentage of the net area of a lot occupied by buildings,
structures, paved areas, and all other materials or construction that
do not permit the natural absorption and permeation of rain into the
soil.
A structure or public utility, or any other installation
or physical change made in a property with a view to increasing its
value, utility or appearance.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee having a
remaining term of not less than 40 years, or other person having a
proprietary interest in land, shall be deemed to a landowner.
A part of the earth's surface or the view of a portion of
land and water as seem from any given point.
The alteration of existing ground conditions together with
construction and development of ground features, including minor structures.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of the vehicles, while loading or
unloading merchandise or materials.
A parcel of land which is occupied or is to be occupied by
one principal building or other structure or use, together with any
accessory buildings or structures or uses customarily incidental to
such principal building or other structure or use, and any such open
spaces as are arranged or designed to be used in connection with such
principal building or other structure or use, such open spaces and
the area and dimension of such lot being not less than the minimum
required in this chapter.
LOT AREAThe total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street line shall be deemed a portion of any lot area; the area of any lot abutting a street shall be measured to the street line only.
LOT LINEA property boundary line of any lot held in single and separate 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 street line, and shall not be the center line of the street, or any other line within the street line.
LOT WIDTHThe width of a lot measured at the building line.
FRONT OF LOTThe edge of a lot which borders on a highway or street. In the case of a corner lot, the front of a lot shall correspond to the front of any existing primary structure or, if no such structure exists or the front is not clearly identifiable, shall be designated by Borough Council.
REAR OF LOTThe edge of a lot opposite the front. In the case of a triangle or gore lot, the rear shall be designated by the proper authority in consultation with the landowner.
A type of single-family detached dwelling. A manufactured
home that is newly installed shall meet the following additional requirements:
[Added 8-11-2020 by Ord.
No. 905]
Any manufactured home shall be constructed in accordance with
1976 or later Safety and Construction Standards of the United States
Department of Housing and Urban Development.
Each site shall be graded to provide a stable and well-drained
area, and shall have the hitch and tires removed.
Each manufactured home shall include a system that properly
anchors the home to the ground to prevent shifting, overturning or
uneven settling of the home. The requirements of the construction
codes shall apply, in addition to the manufacturer's specifications
for installation and state requirements for use of a licensed installer.
A development of a parcel or contiguous parcels of land which
has been planned and improved for the placement of manufactured homes
for nontransient use, consisting of two or more manufactured home
lots.
[Added 8-11-2020 by Ord.
No. 905]
An establishment that meets all of the following criteria:
[Added 8-9-2016 by Ord.
No. 883]
Massages are conducted involving one person using their hands
and/or a mechanical device on another person below the waist, in return
for monetary compensation, and which does not involve persons who
are related to each other.
The use does not involve a person licensed or certified by the
state as a health care professional or a massage therapist. Massage
therapy by such a certified professional shall be considered a "personal
service" use.
The massages are not conducted within a licensed hospital or
nursing home or an office of a state-licensed health care professional
or as an incidental accessory use to a permitted exercise club or
school or college athletic program.
The massages are conducted within private or semiprivate rooms.[2]
A building or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate ground-floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended, or used principally for
providing sleeping accommodations for automobile travelers and is
suitable for occupancy at all seasons of the year.
A self-propelled recreational vehicle which includes facilities
for transient human occupation such as traveling or camping.
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. The business or commercial activity must satisfy
the following requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
NONCONFORMING LOTAny lawful lot which does not conform to the applicable area or dimensional regulations of the district in which it is located either on the effective date of this chapter or as a result of a subsequent amendment thereto. Nonconforming lots are governed by provisions of Article XXII.
NONCONFORMING USEAny lawful use or structure that does not conform to one or more of the applicable use regulations of the district in which it is located either on the effective date of this chapter or as a result of a subsequent amendment thereto. Nonconforming uses are governed by the provisions of Article XXII.
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
A parcel or parcels of land or an area of water (excluding
stormwater facilities) or a combination of land and water within a
development site, designed and intended for use or enjoyment of all
residents of the development in which it is located. Land included
within the right-of-way lines of streets shall not be classified as
open space. Open spaces shall not include required open areas between
buildings and required open areas between buildings and street rights-of-way,
driveways, parking areas and property lines of the parcel.
[Added 6-13-2023 by Ord.
No. 926]
Any area which is used for the storage of motor or other
vehicles.
A reasonably level space, available for the parking of one
motor vehicle, not less than nine feet wide by 18 feet in length,
exclusive of passageways, driveways, and other means of circulation
or access.
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form, as a liquid or solid.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber and beauty shops, photography studios, travel agency, shoe
repair shops, household appliance repair shops, massage therapy by
a certified professional, and other similar establishments, but shall
not include any adult uses.
[Added 8-9-2016 by Ord.
No. 883]
The duly appointed Royersford Borough Planning Commission,
as provided by ordinance enacted and ordained by the Borough Council.
An office for a physician, lawyer, dentist, architect, professional
engineer, planner or other such profession, but not including real
estate office or beauty shop, and provided that no goods, equipment,
merchandise or material associated with such practice may be displayed,
stored or sold on the lot on which the structure is located.
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio, gas, power, sewer and water facilities;
provided, however, that in a residential district, these shall not
include business facilities, storage of materials, trucks or repair
facilities or the housing of repair crews.
An establishment at which food is sold for consumption on
the premises.
[Added 6-13-2023 by Ord.
No. 926]
Any establishment that provides, as a principal use, the
preparation and sale of food and/or beverages in a ready-to-consume
state, primarily for consumption off the premises. A take-out restaurant
shall not include drive-through facilities, and a maximum of six seats
may be provided for on-site consumption and/or customer waiting.
[Added 6-13-2023 by Ord.
No. 926]
A building used for the purpose of a residence for one family
in which the resident rents rooms within the building, or in a building
accessory thereto, to not more than six nontransient persons, with
or without the provision of table board for such persons.
A public sanitary sewer system, or a comparable common or
package sanitary sewer facility approved by the appropriate governmental
health agency.
Any name, nameplate, emblem, painting, banner, pennant, placard,
billboard, poster, display, illustration, structure, or other device,
illuminated or nonilluminated, which is used for visual communication
and which is affixed, painted, or represented directly or indirectly
upon a building or other outdoor surface or on the interior of the
building, visible from the exterior, for the purpose of bringing the
subject thereof to the attention of passersby, or advertising a business,
commodity, service or product or for identifying a business, structure
or use of land.
The ownership of a lot by one or more persons, partnerships,
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
Panels specifically designed for the purpose of screening
the underside of a mobile home by forming an extension of the vertical
exterior walls of the mobile home and covering the entire distance
between the bottom of the exterior walls and the ground elevation
below.
Land or structures where solid waste is received and temporarily
stored, at a location other than the site where it was generated and
which facilitates the bulk transfer of accumulated solid waste to
a facility for further processing or disposal. Such facility may or
may not involve the separation of recyclables from solid waste. Such
facility shall not include a junkyard, leaf composting, clean fill,
or sludge application.
[Added 8-9-2016 by Ord.
No. 883]
A determination by the Zoning Hearing Board from the terms of this chapter. See Article XXI.
The definition that is provided in Title 68, Pennsylvania
Statutes, Chapter 55, shall apply.[3]
[Added 8-9-2016 by Ord.
No. 883]
That part of a building comprised between any floor and the
floor or roof next above.
The dividing line between a lot and the outside boundary
of right-of-way line of a public street, road or highway legally owned
or officially plotted, or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots each
held in single and separate ownership have the right-of-way.
A public or privately owned right-of-way, serving as a means
of vehicular and pedestrian travel, furnishing access to abutting
properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
[Amended 3-30-2010 by Ord. No. 831]
A room or rooms used by an artist, musician or person of
similar calling in which such person practices his calling or teaches
the same.
A building and its equipment erected and used for the purposes
of facilitating transmission and exchange of telephone or radio telephone
messages between subscribers, and other business of telephone company.
A dwelling in which sleeping accommodations for less than
10 persons are provided or offered primarily for automobile travelers
for compensation.
The space contained within the lot lines of one or more lots
assembled for the purposes of subdivision or land development, including
all land areas within future/ultimate street rights-of-way, and excluding
all land areas within existing street rights-of-way.
[Added 6-30-2020 by Ord.
No. 903]
A vehicle without motive power which may be towed on public
highways by a passenger automobile without a special hauling permit,
which is designed for human occupancy under transient circumstances
such as camping, travel, or other recreation.
See "street line."
COMMERCIAL USEUse predominantly for trade or commercial service purposes.
INDUSTRIAL USEUse for manufacturing purposes, often accompanied by warehouses, freight yard, docks, etc.
LAND USEThe process of extracting economic or social gain from the land, i.e., the process through which a use value is created.
RESIDENTIAL USEUse for purposes related to the residential character of the property.
A determination by the Zoning Hearing Board from the terms of this chapter. See Article XXI.
BEARING WALLA wall which supports any vertical load in addition to its own weight.
COMMON WALLA wall owned by one party but jointly used by two parties, one or both of whom is entitled to such use under the provisions of a lease.
DRY WALLA wall of stone or other durable material laid without mortar.
FIRE WALLA wall which subdivides a building to restrict the spread of fire. It starts at the foundation and extends continuously through all stories to and above the roof.
FOUNDATION WALLAny bearing wall or pier below the first-floor construction.
PARAPET WALLThat part of an exterior, party or fire wall extending above the roofline.
PARTY WALLA wall used jointly by two parties erected at or upon a line separating two parcels of land that may be held under separate ownership.
An open unoccupied space on the same lot with a building,
or other structure or use, open and unobstructed from the ground to
the sky.
YARD, FRONTA yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any structure on the lot.
YARD, REARA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of the principal structure on the lot.
YARD, SIDEA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of the principal structure on the lot.
Division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
and height, area, bulk, and use of buildings, and yard requirements;
and in some states, density of population. Zoning is affected by local
ordinance under the police power of the state granted by specific
legislation generally termed an "enabling act."
Formerly the Zoning Hearing Board of Adjustment, as defined in Article XXI.
