Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this chapter to have
the meanings set forth in this article. The present tense includes
the future; 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 "use" includes the words "arranged, designed, or intended
to be used" and the word "shall" is always mandatory.
ACCESSORY BUILDING
A building subordinate to the principal building on a lot,
used for purposes customarily incidental to those of the principal
building, and not to be used for dwelling purposes unless such building
was originally designed for dwelling use, as in conjunction with an
institution. Any portion of a principal building used or intended
to be used for an accessory purpose is not classified as an accessory
building.
ACCESSORY STRUCTURE
A subordinate structure located on the same lot as a principal
use or building and which is clearly incidental and subordinate to
the principal building or use.
ACCESSORY USE
A use located on the same lot and subordinate to the principal
use of land or of a building on a lot, and customarily incidental
thereto.
AGRICULTURE
The cultivating of the soil, and the raising and harvesting
of the products of the soil, including, but not by the way of limitation,
nursery, nursery sales yards, horticulture and forestry, and animal
husbandry.
ALLEY
A strip of land not exceeding 25 feet in width over which
there is a municipally or privately owned right-of-way on which no
dwellings or other buildings front, serving as the secondary means
of access to two or more properties.
ALTERATIONS
As applied to a building or structure, a change or rearrangement
in the structural parts, such as the bearing walls, partitions, columns
or girders, or the enclosing of a porch, or an enlargement or diminution,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another. The change or rearrangement
of nonstructural parts to enlarge or diminish the size or bulk of
a building or structure. Any change that would convert an existing
building into a different structure, adapt it to a different use,
or which, in the case of a nonconforming use, would prolong the life
of such use.
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 defined below.
[Added 6-11-2014 by Ord. No. 2014-2]
APARTMENT
A 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."
AVERAGE LOT SIZE
The lot size determined by the lot average, taking into account
the areas of all sizes of lots shown on the plan laid out in accordance
with the percentage limitations set forth within the zoning district.
BASE SITE AREA
A calculated area of a lot, parcel or tract of land that
is determined by subtracting all existing and proposed public and
private road and utility rights-of-way, and land shown on previously
approved subdivision and land development plans as reserved for open
space from the total site area.
[Added 9-16-1998 by Ord. No. 1147]
BEDROOM
A room having a minimum area of 64 square feet, located in
a dwelling and usable, on a regular basis, for sleeping. Dens, family
rooms and other rooms, which are not suitable for regular use as sleeping
rooms, shall not be counted as bedrooms for the purposes of this chapter.
BOARDER, ROOMER or LODGER
A person, except family, occupying any room or group of rooms
forming a single, habitable unit used or intended to be used for living
and sleeping, but not for cooking or eating purposes, and paying compensation
for lodging or board and lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement for less
than a week at a time shall be classified for purposes of this chapter
not as a roomer, boarder or lodger, but as a guest of a commercial
lodging establishment (motel, hotel, inn, guest house, tourist home).
BUFFER AREA
A strip of required yard space adjacent to the boundary of
a property or zoning district, not less in width than is designated
in this chapter, and on which is placed year-round shrubbery, hedges,
evergreens, or other suitable plantings of sufficient height and density
to constitute an effective screen and give maximum protection and
immediate screening to an abutting property or district. A buffer
area may include a wall or fence, or a solid wall or fence, provided
that such wall or fence shall be screened or constructed in such a
manner that it will not conflict with the character of the abutting
district.
BUFFER, SCREEN
A 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.
BUILDING
Any structure having enclosing walls and roof, permanently
located on the land intended for the shelter, housing, or enclosure
of any individual, animal, process, equipment, goods, or materials
of any kind.
[Amended 6-14-2000 by Ord. No. 1150]
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot above the ground level, measured at the
greatest outside dimensions, excluding cornices, eaves, gutters, balconies
above the ground-level floor, or chimneys projecting not more than
24 inches, bay windows not extending more than one story and not projecting
more than five feet, steps, balconies, and any accessory building
intended or designed for the parking of motor vehicles in order to
meet the parking requirements of this chapter.
[Amended 8-28-2017 by Ord. No. 2017-5]
BUSINESS CLASS HOTEL
An establishment that provides lodging and meals to transient
business travelers. A business class hotel must provide food services
with a designated seating area, a meeting room/business center, and
online booking.
[Added 4-14-2021 by Ord. No. 2021-06]
BUILDING ENVELOPE
That area of a lot in which a building may be placed within
the requirements of this chapter. The building envelope shall not
include the area of any required minimum yard area.
BUILDING FACADE
That portion of any exterior elevation of a building extending
vertically from grade to the top of the parapet wall or eaves and
horizontally across the entire width of the building elevation.
BUILDING HEIGHT
See "height of building."
[Amended 12-14-2005 by Ord. No. 297]
BUILDING LINE
The line which establishes the minimum depth of front yard
for the particular district as measured from the legal right-of-way
line or the ultimate right-of-way line if greater in width than the
legal right-of-way.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the
lot on which it is situated.
BUILDING SPACING
The minimum distance between buildings. The minimum building
spacing shall be measured from the outermost wall or projection, excluding
bay windows, chimneys, flues, columns, ornamental features, cornices
and gutters. These exceptions may encroach no more than 24 inches.
CELLAR
A space with less than two feet of its floor-to-ceiling height
above the average finished grade (the final elevation of the ground
surface around the building or structure after development) of the
adjoining ground or with a floor-to-ceiling height of less than six
feet eight inches. A cellar is not counted as a story for the purposes
of height measurement or the determination of square footage or floor
area unless the cellar is used for office or business purposes. A
cellar shall not be inhabited for dwelling purposes.
CO-LOCATION
The mounting of one or more WCFs, including antennae, on
an existing tower-based WCF or utility or light pole.
[Added 6-11-2014 by Ord. No. 2014-2]
COMMERCIAL SCHOOL
Any educational facility, other than public or parochial
elementary and secondary schools and state, community, or private
postsecondary schools.
COMMON OPEN SPACE
A parcel or parcels of land and/or an area of water within
a development site designed and intended for the use or enjoyment
of residents of the development, except for Residential Golf Course
Community. Common open space may not include street rights-of-way,
off-street parking areas or school grounds, and shall be substantially
free of structures including school buildings but may contain improvements
appropriate for the recreational use of the residents. Required front,
back and side yards shall not be considered common open space.
COMMON PARKING
Any parking area used by three or more dwelling units and
having space for six or more motor vehicles.
COMMUNITY CENTER
A building to be maintained principally as a multipurpose
space for gathering, recreation, and/or social activities of the general
public and is not operated for profit.
[Added 8-28-2017 by Ord.
No. 2017-5]
COMPREHENSIVE PLAN
Maps, charts, descriptive matter officially adopted by the
governing body showing among other things objectives for the most
appropriate use of land; for the most desirable density of population;
for a system of thoroughfares, parkways and streets; for parks and
recreation areas; for the general location and extent of facilities
for water, sewer, light, and power; for the general location, character,
and extent of community facilities.
CONDITIONAL USE
A use which may be allowed or denied pursuant to express standards or criteria by the Township Council in accordance with Article
XXXV after a public hearing and reviewing comments by the Township planning agency, to occupy or use land and/or buildings or structures for specific purposes in accordance with this chapter, when such use is not permitted by right. The burden of proving compliance with the express standards and criteria applicable shall be on the applicant. The Township Council may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
CONDOMINIUM
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 a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
A.
The unit may be any permitted land use. A condominium
is an ownership arrangement, not a land use.
B.
All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and in accordance with the provisions for open space, roads or other development features in this chapter and Chapter
198, Subdivision and Land Development.
CONTIGUOUS BUILDING ENVELOPE AREA
The area of a lot on which the principal permitted building
is located, which is comprised of horizontal areas exclusive of resources
with an open space ratio of 100% such as floodplains, wetlands, lakes
and ponds, and watercourses. The purpose is to provide sufficient
area and flexibility for the general location of a building, driveway,
parking, patio and other improvements while preserving the natural
resources of a lot. There is no requirement that the total contiguous
building envelope area be occupied.
[Added 9-16-1998 by Ord. No. 1147]
CONVENIENCE STORE
A convenience store is a retail and consumer service use
that sells a limited range of basic items, household goods, and groceries.
It may include the sale of the following: food preparation for take-out
consumption, coffee, dairy products, delicatessen, dry goods, food
stuffs, grocery items, newspapers, tobacco, legal lottery sales, over-the-counter
medication, and minor automotive accessories.
[Added 7-27-2020 by Ord.
No. 2020-04; amended 9-28-2020 by Ord. No. 2020-07]
DAY CARE
A facility providing for the care of children unrelated to
the caregiver without overnight provisions limited to the hours of
6:00 a.m. to 8:00 p.m.
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.
DENSITY
The number of dwelling units per unit of area. The measure
is arrived at by dividing the number of dwelling units by the developable
area.
[Amended 9-16-1998 by Ord. No. 1147]
DEVELOPABLE AREA
A calculation of land available for development on a lot,
tract, or parcel of land after the protected area is subtracted from
the base site area.
[Added 9-16-1998 by Ord. No. 1147]
DEVELOPABLE TRACT BOUNDARY
The perimeter property line of the tract proposed for development,
or in areas where the perimeter property line lies within the legal
right of-way of an existing public street, the legal right-of-way
line.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets, and other paving, utilities, filling,
grading, excavation, mining, dredging, or drilling operations and
the subdivision of land.
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 6-11-2014 by Ord. No. 2014-2]
DISTRIBUTION CENTER
A use where goods are received and/or stored for delivery
to the ultimate customer at remote locations.
[Added 8-28-2017 by Ord.
No. 2017-5]
DOMINANT VEGETATIONAL COMMUNITY
Areas located in wetland transition areas describing the
plant community which covers the most surface area of the transition
area contained within the subject property. Vegetational communities
are classified as herbaceous, scrub-shrub, or forested.
[Added 9-16-1998 by Ord. No. 1147]
DORMITORY
A building occupied by and maintained exclusively for faculty,
students or other such persons affiliated with a school, church, recreational
or educational facility or other commonly recognized institution.
DRIVE-THROUGH FACILITY
An establishment which offers service to patrons in motor
vehicles.
[Added 8-28-2017 by Ord.
No. 2017-5]
DWELLING
A building designed for and occupied exclusively for residential
purposes, excluding hotel, rooming house, tourist home, institutional
home, residential club, motor court, and the like, but including those
buildings under "dwelling types."
[Amended 6-14-2023 by Ord. No. 2023-02]
DWELLING TYPES
Without regard to tenure, dwelling types and dwelling unit
types are regulated in this chapter pursuant to the following specific
meanings. See also "family."
[Added 6-14-2023 by Ord. No. 2023-02]
A.
SINGLE-FAMILY DETACHEDA building designed for and occupied exclusively as a residence for one family and attached to no other building or dwelling in any way.
B.
SINGLE-FAMILY ATTACHEDA building containing three or more dwelling units, each designed and occupied exclusively as a residence for one family, having independent outside access, a least two independent outside yards, and attached to but separated from adjoining dwelling units by not more than two party walls, in units commonly called row houses and/or townhouses.
C.
TWIN DWELLINGA building designed for and occupied exclusively as a semidetached two-family residence having only one dwelling unit from ground to roof, independent outside access, and only one wall in common with an adjoining dwelling unit.
D.
DUPLEXA building designed for and occupied exclusively as a semidetached two-family residence with one dwelling unit placed over the other in whole or in part with separate and individual access.
E.
GOLF COURSE VILLAA building designed for and occupied by at least two but not more than four dwelling units, each dwelling unit having independent and separate outside access, and fully occupies its portion of the space within the structure from ground to roof.
F.
MULTIFAMILY DWELLINGA building designed for and occupied as a residence by three or more families living independently of one another, in units commonly called apartments or multiplex units.
G.
APARTMENT HOUSEA building consisting of three or more apartment units and no other use.
H.
APARTMENTA dwelling unit within a multifamily dwelling or within a building containing some other principal use.
I.
LIVE-WORKAn attached or detached building consisting of one or more dwelling units above or behind a flexible ground floor space that can accommodate a range of nonresidential uses. The residential and nonresidential spaces shall have independent and separate entrances.
J.
MOBILE HOMEA transportable single-family detached dwelling intended for permanent occupancy, which meets the Federal Department of Housing and Urban Development (HUD) standards, National Fire Protection Association (NFPA) standards, and the Uniform Construction Code (UCC) standards, Pennsylvania Department of Community and Economic Development (DCED), 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, and may include any roofed addition such as extra rooms, covered patios, porches, etc.
K.
MULTIPLEXA building consisting of independent dwelling units arranged in a variety of configurations which typically has the appearance of a medium-to-large single-family detached dwelling. Dwelling units may or may not have independent and separate outside access.
L.
ROOMING HOUSEA dwelling not a single-family dwelling, twin, duplex, golf course villa, multifamily dwelling, mobile home, apartment house, or hotel, providing lodging, with or without meals, and having lodging accommodations for fewer than 10 guests.
M.
SENIOR CITIZEN HOUSINGAny housing development, other than a single-family dwelling, twin, duplex, golf course villa, multifamily dwelling, or mobile home, whether privately or publicly funded, which is designed for the sole and specific purpose of providing housing and ancillary congregate services for senior citizens being 62 years of age and over.
N.
TOURIST HOMEA dwelling in which temporary sleeping accommodations to the public are provided for compensation for fewer than 10 persons.
DWELLING UNIT
A building or portion thereof providing permanent and complete
housekeeping facilities for one family for year-round use.
EAVES
The lowest horizontal line of a sloping roof.
EMERGENCY
A condition that: 1) constitutes a clear and immediate danger
to the health, welfare, or safety of the public; or 2) has caused
or is likely to cause facilities in the rights-of-way to be unusable
and result in loss of the services provided.
[Added 6-11-2014 by Ord. No. 2014-2]
EMPLOYEE
A person who is employed or is engaged in gainful activity.
For the purposes of this chapter, the term shall refer to the maximum
number of employees on duty at any time, at a place of business, whether
the employees are full or part time. If shifts are involved in which
two shifts overlap, it refers to the total of both shifts.
FAMILY
One or more persons, related by blood, adoption or marriage,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended 12-14-2005 by Ord. No. 297]
FCC
Federal Communications Commission.
[Added 6-11-2014 by Ord. No. 2014-2]
FLOODPLAIN
Areas adjoining streams, ponds or lakes subject to the one-hundred-year-recurrence-interval
flood. The areas considered to be floodplain within Horsham Township
shall include those areas identified as being subject to the one-hundred-year
flood in the Flood Insurance Study (FIS) prepared for Horsham Township
by the Federal Emergency Management Agency, Federal Insurance Administration,
and the accompanying Flood Boundary and Floodway Map dated November
16, 1977, or current map; and those areas designated in § 230-177
of this chapter. Refer to Article XXX for protection standards.
FLOODPLAIN SOILS
Areas subject to periodic flooding and listed in the Soil
Survey of Montgomery County, Pennsylvania, U.S. Department of Agriculture,
Soil Conservation Service, April 1967, or current survey, as being
subject to "flooding." Refer to Article XXX for protection standards.
Floodplain soils may include, but are not limited to, the following
soil types:
|
Bermudian silt loam
|
Bm
|
|
Bouldery alluvial land
|
Bo
|
|
Bowmansville silt loam
|
Bp
|
|
Coduras silt loam
|
Ch
|
|
Hatboro silt loam
|
Ha
|
|
Rowland silt loam
|
Rt
|
FLOOR AREA
The sum of the areas of the several floors of the building
or structure, including areas used for human occupancy or required
for the conduct of the business or use, and basements, attics, and
penthouses, as measured from the exterior faces of the walls. It does
not include unenclosed porches, attics not over six feet in height
in nonresidential uses, attics not used for human occupancy, nor any
floor space in an accessory building nor in the main building intended
or designed for the parking of motor vehicles in order to meet the
parking requirements of this chapter, nor any such floor space intended
and designed for accessory heating and ventilating equipment.
FLOOR AREA RATIO
The ratio of the floor area to the lot area, as determined
by dividing the floor area by the lot area.
FORESTED VEGETATIONAL COMMUNITY
A plant community characterized by tree species with an average
height greater than 20 feet accompanied by a herbaceous or shrub layer.
[Added 9-16-1998 by Ord. No. 1147]
GARAGE
A.
GARAGE, PRIVATEA building accessory to or an integral part of a single-family or two-family dwelling, for the storage or one or more motor vehicles owned and used by the owner, or tenant, or member of his or her household.
B.
GARAGE, PUBLICA building other than a private or a storage garage, one or more stories in height, used for the commercial storage, service, or repair of motor vehicles.
C.
GARAGE, STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (not trucks) but not for the sale, service, or repair of motor vehicles.
GASOLINE SERVICE STATION
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.
GOLF COURSE
An area designed for the play of the game of golf containing
greens, tees, fairways, bunkers and related areas. A golf course shall
consist of at least 18 holes, shall be a minimum of 6,000 yards in
length and shall be constructed to standards generally accepted by
members of the American Society of Golf Course Architects concerning
safety of players and surrounding non-golf-course areas.
GOLF COURSE VILLA
A residential building comprised of two or more, but not
more than four dwelling units, but each of which dwelling unit has
independent and separate outside access, and fully occupies its portion
of the space within the structure from ground to roof.
GROSS TRACT AREA
The area within the property lines bounding the tract proposed
for development.
HEIGHT OF BUILDING
A vertical measurement taken from the average level of grade
along all exterior foundation walls of a building, which grade shall
be substantially unchanged from the natural grade existing at the
time of subdivision or land development approval, and the highest
point of the building as defined herein. On a flat roof the highest
point of the building shall be the parapet or cornice level; on a
mansard roof, the highest point of the building shall be the deck
level; and on a gable, hip or gambrel roof, the highest point of the
building shall be the average distance between the eaves and the ridge
level. Such height of buildings shall not include chimneys, spires,
and similar projections and housings for equipment, provided that
said projections shall be a usual and normal appurtenant to a building,
not in excess of 12 feet in height, and not occupy more than 10% of
the roof area.
[Amended 10-27-1998 by Ord. No. 1148]
HERBACEOUS VEGETATIONAL COMMUNITY
A plant community characterized by the presence of annual
and perennial plant species; or bare ground.
[Added 9-16-1998 by Ord. No. 1147]
HOME OCCUPATION
An occupation for gain or support conducted only by members
of a family residing on the premises and conducted entirely within
the dwelling and excluding any activity involving the repair, production
assembly, manufacture, storage or delivery of goods or materials.
Furthermore, no article may be sold or offered for sale on the premises,
nor may any goods be publicly displayed on the premises. The conducting
of a clinic, hospital, barbershop, beauty parlor, tea room, tourist
home, animal hospital, restaurant or any similar use shall not be
deemed to be a home occupation.
[Amended 12-14-2005 by Ord. No. 297]
HOTEL
A building used for the purpose of furnishing for compensation
temporary lodging to the public, with or without meals, and having
lodging accommodations for 10 or more persons.
IMPERVIOUS SURFACE
Those surfaces which do not absorb water. All buildings,
parking areas, driveways, roads, sidewalks, and any areas in concrete,
asphalt, and packed stone shall be considered impervious surfaces
within this definition. In addition, other areas within the meaning
of this definition will also be classed as impervious surfaces. For
the purposes of this chapter, the area of water within a swimming
pool shall not be classified as impervious.
INTEGRATED INDUSTRIAL DEVELOPMENT
Any use of a tract of land of at least 50 acres held in single
and separate ownership and/or legal control engineered and planned
for division into separate and distinct building lots for development
solely by said owner, as an industrial park subject to uniform regulations
imposed.
[Amended 2-14-1996 by Ord. No. 1144]
JUNKYARD
A lot, land or structure, or part thereof, used for the collection,
storage and sale of waste paper, rags, scrap metal or discarded material;
or for the collection, dismantling, storage and salvaging of machinery
or vehicles not in running condition, and for the sale of parts thereof.
KENNEL
Any structure used as an establishment to confine two or
more domesticated animals, i.e., dogs, cats, etc., commonly kept for
the use or pleasure of man. It is intended that such use shall not
be for any wild creature whether or not native to the locale of this
Township. The use contemplated is for the purpose of breeding, boarding,
sale or show. The structure shall be such that the creatures cannot
voluntarily stray therefrom.
LAKES and PONDS
Natural or artificial bodies of water which retain water
year-round. Artificial ponds may be created by dams, or result from
excavation. Lakes are bodies of water that are larger than ponds,
and generally more than two acres in extent.
[Added 9-16-1998 by Ord. No. 1147]
LIGHT MANUFACTURING
The manufacturing, predominantly from previously prepared
materials, of finished products or parts, including research and development,
processing, fabrication, assembly, treatment, and packaging of such
products, provided all manufacturing activities are contained entirely
within a building.
[Added 8-28-2017 by Ord.
No. 2017-5]
LIVESTOCK
Any member of the bovine, equine, and porcine species, including
confined domesticated hares, rabbits, horses, ponies, cows, pigs,
steers, sheep and goats.
LOADING SPACE
A space, accessible from a street or way, in a building or
on a lot, used for the temporary loading or unloading of merchandise
or materials onto or from vehicles.
LOT
An already existing parcel or a designated parcel of land
which is established by a plan of subdivision or land development
and 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 area arranged or designed
to be used in connection with such principal building or other structure
or use.
A.
LOT AREAThe total horizontal area of the lot within the lot lines, provided that no area of land within any street or ultimate right-of-way of a street 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.
(1)
Stormwater management structures excluded. The
area located within a detention 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.
(2)
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 by the zoning district in which located.
C.
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two ultimate right-of-way lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the ultimate right-of-way lines intersect at an angle of less than 135°.
D.
FLAG LOT(Also known as "lane lot" or "rear lot.") A lot which does not have the required minimum lot width at the ultimate right-of-way line as specified in Subsection H below but has direct access to a public street through a narrow strip of land which is part of the same lot. The lot lines of the narrow portion of the lot (the lane) are parallel or nearly parallel. 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 by the zoning district in which located.
F.
LOT DEPTHThe distance from the ultimate right-of-way line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
G.
LOT WIDTHThe width of a lot measured no closer to a street than the building line, as defined in definition for "building line." If a lot fronts on a parking court, the lot width is measured no closer to the curbline than the required front yard.
LOT AVERAGE
The maximum number of building lots of varying sizes obtainable
by application of the lot area percentages to establish the "average
lot" of at least six acres in area.
LOT AVERAGE AGREEMENT
A written, executed, acknowledged and recorded agreement
incorporating compliance with the regulations and thereby agreeing
to restrict any and all lots from further subdivision in order to
insure and maintain the "lot average" concept.
LOT LINE
A property boundary line of any lot held in single and separate
ownership.
A.
LOT LINE, FRONTThe lot line for such portion of the lot that abuts the street and shall be deemed to be the same as the ultimate right-of-way line of the street, and shall not be the center line of the street, or any other line within the street line even though such may be the property boundary line.
B.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to an ultimate right-of-way line, except for a lot line that is an ultimate right-of-way line. In the case of a corner lot, a rear lot line shall be the farthest lot line parallel to or within 45° of being parallel to an ultimate right-of-way (see definition for “front yard”); all other lot lines, other than ultimate right-of-way lines, shall be considered side lot lines. In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line farthest from the designated front yard shall be considered the rear lot line.
C.
LOT LINE, SIDEAny lot line which is not an ultimate right-of-way line or a rear lot line.
LOW-DENSITY OUTDOOR RECREATION
A leisure time activity which requires no equipment or prescribed
sites, courts or fields. A use which has an impervious surface ratio
of not greater than 5%. Bike riding, hiking, walking and picnicking
are included within this definition for the purposes of this chapter.
MEDICAL MARIJUANA DISPENSARY
A shop or store holding a permit issued by the Pennsylvania
Department of Health to dispense medical marijuana and that sells
medical marijuana to the ultimate consumer. Other retail sales, other
activities, accessory/ancillary uses, and outside storage/display
are not allowed as a part of this use, nor are they allowed in the
same structure as this use. In addition, the establishment and operation
of a dispensary shall fully comply with the Pennsylvania Medical Marijuana
Act (35 P.S. § 10231.101 et seq.), as may be amended, and
the regulations promulgated thereunder, including, but not limited
to, Chapters 1141, 1151, and 1161 of Title 28 of the Pennsylvania
Code (28 Pa. Code Chapters 1141, 1151 and 1161).
[Added 8-28-2017 by Ord.
No. 2017-4]
MEDICAL MARIJUANA GROWER/PROCESSOR
An industrial facility holding a permit issued by the Pennsylvania
Department of Health to grow and process medical marijuana and that
sells medical marijuana to medical marijuana dispensaries for sale
to the ultimate consumer. Retail sales, other activities, accessory/ancillary
uses, and outside storage/display are not allowed as a part of this
use nor are they allowed in/on the same structure/property as this
use. In addition, the establishment and operation of a grower/processor
shall fully comply with the Pennsylvania Medical Marijuana Act (35
P.S. § 10231.101 et seq.) and the regulations promulgated
thereunder as may be amended, including, but not limited to, Chapters
1141 and 1151 of Title 28 of the Pennsylvania Code (28 Pa. Code Chapters
1141 and 1151).
[Added 8-28-2017 by Ord.
No. 2017-4]
MEDICAL OFFICE BUILDING
A building for the use of physicians and other health personnel
to provide patients with medical, ambulatory/outpatient procedures,
urgent care, diagnostic and healthcare services on an outpatient basis.
The treatment and supervision of the patient shall require less than
a twenty-four-hour stay. A medical office building may include an
ambulatory surgical center, twenty-three-hour stay unit, x-rays and
other diagnostic imaging, laboratory and pathology testing and services,
the sale and dispensing of prescription drugs, immunizations and home
care. A medical office may not be a medical marijuana dispensary.
A medical office building may include ancillary services for office
workers, such as a restaurant, coffee shop, newsstand and child care
facilities, as well as administrative offices, storage, attached or
detached oxygen filling station and accessory uses thereto.
[Added 7-24-2017 by Ord.
No. 2017-3]
MINI STORAGE FACILITY
A building designed and used for the purpose of renting or
leasing individual storage space for the purpose of storing items,
primarily associated with personal property, generally stored in residential
structures. This use shall not provide warehousing and/or distribution
for industrial or commercial businesses. No tenant shall use a self-service
storage space for the operation of a business or as lodging.
[Added 8-10-2022 by Ord. No. 2022-04]
MOBILE HOME
A transportable single-family detached dwelling intended
for permanent occupancy, which meets the Federal Department of Housing
and Urban Development (HUD) standards, National Fire Protection Association
(NFPA) standards, and the Building Officials Code Administration (BOCA)
standards, 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, and may include any roofed addition
such as extra rooms, covered patios, porches, etc.
[Amended 12-14-2005 by Ord. No. 297]
MOBILE HOME DEVELOPMENT
(Also known as “mobile home park.”) A contiguous
parcel of land under single ownership which has been planned and improved
in compliance with the requirements of the Mobile Home Development
District for the placement of mobile homes, conventionally built single-family
detached homes, or combinations thereof, for nontransient use; consisting
of two or more mobile home lots.
MOBILE HOME DEVELOPMENT TRACT AREA
The total acreage within the lot lines, excluding that area
continuously covered by water and rights-of-way of existing public
roads and overhead utility lines.
MOBILE HOME LOT
A parcel of land in a mobile home development, improved 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.
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 antennae and connecting appurtenances.
[Added 6-11-2014 by Ord. No. 2014-2]
MOTOR COURT OR MOTEL
A building or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate 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
the providing of sleeping accommodations for automobile travelers
and is suitable for occupancy at all seasons of the year.
MULTIPLEX
An attached single-family dwelling arranged in a variety
of configurations and may have only one independent outside yard.
MUNICIPAL BUILDING
A building owned or operated by Horsham Township or a duly
incorporated authority of Horsham Township for the following purposes:
[Added 12-23-2002 by Ord. No. 1153]
B.
Police or emergency service station or substation.
F.
Communication facility owned by a governmental
entity for communication by public entities.
NATURALIZED STORMWATER BASINS
A pond-like structure designed to minimize the detrimental
effects of surface water runoff. Naturalized basins are those that
exhibit curvilinear shapes reflective of the surrounding topography,
and thus tend to blend in with the surrounding environment. Such basins
are planted with cover vegetation such as grass, crown vetch, native
grasses, and appropriate shrubs and trees based on the intended use
of the basin, maintenance requirements, structural integrity of the
berm area, and conformity with surrounding landscaping.
[Added 9-16-1998 by Ord. No. 1147]
NO-IMPACT HOME-BASED BUSINESSES
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 3-12-2003 by Ord. No. 1154]
NONCONFORMING
A building, or other structure, use or lot which, by reason
of design, size or use, does not conform with the requirements of
this chapter.
A.
NONCONFORMING LOTA lot, the area or dimension of which was lawful prior to the adoption or amendment to this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
B.
NONCONFORMING STRUCTUREA structure or part of a structure not in compliance with or manifestly not designed to comply with the applicable use or extent of 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.
C.
NONCONFORMING USEA use, whether of land or structure, which does not comply with the applicable use provisions of this chapter or amendment hereto or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)
All nontower wireless communications facilities, including
but not limited to antennae and related equipment. Nontower WCF shall
not include support structures for antennae and related equipment.
[Added 6-11-2014 by Ord. No. 2014-2]
OFFICE BUILDING
A building used primarily for conducting the affairs of a
business, profession, service, industry or government, or like activity,
the normal attributes of which do not involve retailing activities
on the premises, and may include ancillary services for office workers
such as a cafeteria, exercise rooms, coffee shop, newspaper or candy
stand.
OPEN SPACE, MUNICIPAL
A parcel or parcels of land and/or an area of water within
a development site which is dedicated to Horsham Township for public
park and recreation use. Municipal open space shall not include land
occupied by roads, road rights-of-way, yards or lots of dwelling units,
parking areas and driveways, nonmunicipal buildings or school buildings.
Municipal open space may contain buildings and associated parking
and improvements for recreational use as determined by the Township.
OUTDOOR DINING AREA
An area set up outside the confines of the commercial structure,
which is on the same lot and immediately adjacent to the commercial
structure, with tables, chairs, and other furnishings for the purpose
of serving food and beverages by an adjoining restaurant in which
the same food and beverages are offered for sale, sold, and served.
Outdoor dining areas do not include a bar and does not include beverage
service only. Such area may be covered or open to the elements.
[Added 8-28-2017 by Ord.
No. 2017-5; amended 8-24-2020 by Ord. No. 2020-6; 8-23-2021 by Ord. No. 2021-09]
OWNER (LANDOWNER)
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) shall be deemed to
be a landowner for the purpose of this chapter.
PARAPET
The position of a facade or wall that extends above the roof.
PARKING SPACE
A relatively flat open area at least 10 feet in width and 200 square feet in area, or of such size as provided in Article
V, §
230-33, of this chapter, capable of being used in all types of weather, designed for the storage of one automobile. Said parking space and access drives shall be surfaced with an appropriate all-weather surface material such as asphaltic blacktop or poured concrete over crushed stone or a substitute as may be acceptable to Horsham Township.
PERSONS
Individuals, corporations, companies, associations, joint-stock
companies, firms, partnerships, limited-liability companies, corporations
and other entities established pursuant to statutes of the Commonwealth
of Pennsylvania; provided that person does not include, or apply to,
the Township or to any department or agency of the Township.
[Added 6-11-2014 by Ord. No. 2014-2]
POULTRY
Any type of domestic or wild fowl including chickens, quail,
pheasants, ducks and pigeons.
PRIVATE CLUB
Any facility serving as a meeting place of an association
of persons for some common object or purpose whose membership is limited.
Such facility shall not serve or make available for consumption alcoholic
beverages of any type.
PRIVATE RECREATIONAL FACILITY
Any facility, access to which is limited to paying members
or their guests, whose purpose is to provide various forms of physical
activities, including gymnasiums, spas, and other such places providing
physical activities.
PROTECTED AREA
Environmentally sensitive land adjusted by the applicable
open space ratio for the particular resource.
[Added 9-16-1998 by Ord. No. 1147]
PROTECTED OPEN SPACE
The area or areas of open space designated on the approved Residential Golf Course Community subdivision or land development plan and preserved as open space in perpetuity in accordance with provisions of Article
XV.
PUBLIC GATHERING SPACE
A private outdoor space where the public is directly or indirectly
invited to visit or permitted to congregate.
[Added 8-28-2017 by Ord.
No. 2017-5]
PUBLIC NOTICE
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
PUBLIC UTILITIES FACILITIES
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio, television, gas, power, sewer, and
water facilities; provided, however, that in a residential district
these shall not include public business facilities, storage of materials,
trucks or repair facilities, housing of repair crews or communications
towers or antennas.
PUBLIC UTILITY
A private or municipal corporation organized and existing
for the distribution and sale of water, electricity, gas, or the collection
and disposal of sanitary waste or sewage in accordance with the laws
of the Commonwealth of Pennsylvania.
QUICK-SERVICE RESTAURANT
A restaurant that satisfies both of the following criteria:
the primary method of service is counter service, at which customers
order and pick up food from a counter or other central ordering point;
and such restaurant features drive-through service, at which customers
order and pick up food without leaving their vehicles. A quick-service
restaurant differs from a convenience store in that groceries, dry
goods, tobacco, and automotive accessories shall not be offered for
sale at a quick-service restaurant.
[Added 8-28-2017 by Ord.
No. 2017-5; 9-28-2020 by Ord. No. 2020-07]
RESIDENTIAL GOLF COURSE COMMUNITY
A planned development of a tract combining residential uses
in the form of single-family dwellings and golf course villas with
the development of a golf course, together with uses incidental thereto,
providing for the preservation of open space and the provision of
recreational space.
RESIDENTIAL ZONING DISTRICT
R-1 Low-Density Residential District, R-2 Low-Density Residential,
R-2A Low-Density Residential, R-3 Low-Density Residential District,
R-4 Medium-Density Residential District, R-5 Residential District,
R-6 Residential District, R-7 Residential District, MHD Mobile Home
Development District, RGCC Residential Golf Course Community District,
MR-1 Mixed Residential-1 District, and MR-2 Mixed Residential-2 District
and any additional zoning district which may be added to the chapter
which is primarily residential in nature.
[Added 6-11-2014 by Ord. No. 2014-2]
RESTAURANT
A business that prepares and serves food and drinks to customers.
Meals are generally served and eaten on the premises, but a restaurant
may also offer take-out and food delivery services. A restaurant shall
not offer service through drive-through facilities.
[Added 9-28-2020 by Ord. No. 2020-07]
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property
in the Township in which the Township has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys sidewalks, tunnels, viaducts, bridges, skyways, or any
other public place, area, or property under the control of the Township,
and any unrestricted public or utility easements established, dedicated,
platted, improved or devoted for utility purposes, but excluding lands
other than streets that are owned by the Township. The phrase "in
the right(s)-of-way" means in, on, over, along, above and/or under
the right(s)-of-way.
[Amended 6-11-2014 by Ord. No. 2014-2]
RIPARIAN CORRIDOR CONSERVATION DISTRICT (RCCD)
An area surrounding surface water bodies, including creeks,
lakes, watercourses, and wetlands that intercept surface water runoff,
wastewater, subsurface flow, and/or deep groundwater flows from upland
sources and function to remove or buffer the effects of associated
nutrients, sediment organic matter, pesticides, or other pollutants
prior to entry into surface waters. This area may also provide wildlife
habitat, control water temperature, attenuate flood flow, and provide
opportunities for passive recreation.
[Added 9-16-1998 by Ord. No. 1147]
ROOF LINE
The uppermost line of the roof of a building or in the case
of an extended facade or parapet, the uppermost height of said facade
or parapet.
ROOMING HOUSE
A dwelling not a single-family, two-family or multiple dwelling,
apartment house or hotel, providing lodging, with or without meals,
and having lodging accommodations for less than 10 guests.
SCRUB-SHRUB VEGETATIONAL COMMUNITY
A plant community characterized by shrub and herbaceous plant
species with an average height equal to or less than 20 feet.
[Added 9-16-1998 by Ord. No. 1147]
SENIOR CITIZEN HOUSING
Any housing development, other than a single-family, duplex,
or twin dwelling, whether privately or publicly funded, which is designed
for the sole and specific purpose of providing housing and ancillary
congregate services for senior citizens being 62 years of age and
over.
SEWER SYSTEM
A.
PUBLIC SEWERA public sewer is any municipal sewer system in which sewage is collected and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer. This shall include capped sewers when installed to Township specifications.
B.
PRIVATE SEWERAn "on-lot" disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot.
C.
COMMUNITY SEWAGE SYSTEMA system, in an area not currently serviced by or proposed for public sewer service, for the treatment of effluent from two or more homes, that is applied to the land either on the surface or below.
SHOPPING CENTER
A group of commercial establishments, planned and developed
as an integrated architectural and functional unit, providing controlled,
common vehicular access and parking, and with at least one anchor
store of at least 20,000 square feet in size. All commercial buildings
with 40,000 or more gross square feet of building area and more than
one establishment shall be considered shopping centers unless the
building also includes residential use.
[Added 10-23-2017 by Ord.
No. 2017-6]
SIGN
Any name, nameplate, emblem, painting, banner, pennant, billboard,
poster, panel, display, illustration, structure or visual communication,
which is affixed, painted or represented directly or indirectly upon
a building or other outdoor surface or the interior of the building
visible from the exterior, the property line of a lot or the right-of-way
of a public street or highway.
[Amended 9-27-2021 by Ord. No. 2021-13]
A.
ANIMATED SIGNA sign with action or motion, flashing or color changes, requiring electrical energy, electronic or manufactured sources of supply, but not including wind actuated elements such as flags, banners, or other like items. For the purposes of this chapter, this definition shall not be meant to include public service signs such as time and temperature units.
B.
COPY AREA OF SIGNThe actual area of the sign copy applied to any background. Compute copy area by straight lines drawn tangent to copy extremities encompassing individual letters, words, or graphic elements.
C.
DIGITAL DISPLAYThe portion of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.
D.
ILLUMINATED SIGNA sign in which a source of artificial lights is used in order to make the message readable. This definition shall include internally and externally lighted signs.
E.
MESSAGE CENTER SIGNA type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs, athletic scoreboard and time and temperature signs.
F.
REAL ESTATE SIGNA sign pertaining to the sale, lease or the rental of a property on which it is located.
G.
ROOF SIGNA sign erected on or above the roof or parapet of a building.
H.
SIGN STRUCTUREAny structure which supports, has supported, or is capable of supporting a sign.
I.
TEMPORARY SIGNA sign which is intended to advertise community or civic projects, construction projects, real estate for sale or lease, political activity or other special community, business, or commercial events. Such signs may be displayed for a specified period of time only as prescribed by this code. Portable or vehicular signs or any sign not permanently embedded in the ground, or permanently affixed to a building or structure or sign structure which is permanently embedded in the ground, are temporary signs.
J.
TIME AND TEMPERATURE SIGNSA display containing only illuminated of reflective numerals switching alternately to show the time and temperature.
K.
TRAFFIC DIRECTIONAL SIGNAny sign which is designed and erected solely for the purpose of traffic or pedestrian direction and which is placed on the property to which or on which the public is directed.
L.
UNDER-CANOPY SIGN (UNDER-MARQUEE SIGN)A lighted or unlighted display attached to the underside of a canopy, marquee, or other architectural projection protruding over public or private sidewalks or rights-of-way.
M.
VEHICULAR SIGNA sign which is affixed to a vehicle in such a manner that the carrying of such sign or signs is no longer incidental to the vehicle's primary purpose but becomes a primary purpose in itself. This definition does not apply to signs on vehicles when in motion on a public street.
N.
WINDOW SIGNAn interior sign affixed to the surface of a window or a sign which can be seen from outside the window.
SINGLE AND SEPARATE OWNERSHIP
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.
SITE
The site shall be defined as a parcel or parcels of land
intended to have one or more buildings or intended to be developed
or to be subdivided into one or more lots.
SITE AREA
All land area within the site as determined from an actual
site survey rather than from a deed description. When required by
this chapter, a minimum area required for a specified use, form of
development or subdivision.
SPECIAL EXCEPTION
A use which may be granted or denied pursuant to express standards or criteria by the Zoning Hearing Board in accordance with Article
XXXVI hereof where provisions therefor are made by the terms of this chapter. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless communications towers,
antennae 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 antennae, building-mounted antennae painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 6-11-2014 by Ord. No. 2014-2]
STEEP SLOPE
Areas where the average slope exceeds 15%.
[Amended 9-16-1998 by Ord. No. 1147]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or if there is
no floor above it, then the space between any floor and the ceiling
next above it. A story must have at least one-half its average height
above the average level of the finished grade abutting the exterior
walls of the building.
STREET
A right-of-way municipally or privately owned, serving as
a means of vehicular and pedestrian travel, furnishing access to abutting
properties, and space for public utilities.
STREET LINE
The dividing line between a lot and the outside boundary
or legal right-of-way line of a public street, road, or highway legally
opened or officially plotted, or between a lot and a privately owned
street, road, or way over which the owners or tenants of two or more
lots each held in single and separate ownership have the right-of-way.
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams, girders, or enclosing porches or any change which would convert
an existing building into a different structure, or adapt it to a
different use, or which, in the case of a nonconforming use, would
prolong the life of such use.
STRUCTURE
Any form or arrangement of building materials involving the
necessity of providing proper support, bracing, tying, anchoring,
or other protection against the forces of the elements.
STRUCTURE, PRINCIPAL
A structure in which is conducted, or is intended to be conducted,
the principal use of the lot on which it is located.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either:
A.
Before the improvement or repair is started;
or
B.
If the structure has been damaged, and is being
restored, before the damage occurred.
SUBSTANTIALLY CHANGE
A.
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
B.
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.
[Added 6-11-2014 by Ord. No. 2014-2]
THEATER
A building in which films are shown or stage shows are performed,
regardless of the type of film or program presented. This use does
not include open air, outdoor or drive-in theaters. This use does
not include adult commercial uses.
[Added 8-28-2017 by Ord.
No. 2017-5]
TOURIST HOME
A dwelling in which temporary sleeping accommodations to
the public are provided for compensation for fewer than 10 persons.
TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)
Any structure that is used for the purpose of supporting
one or more antennae, 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 WCFs.
[Added 6-11-2014 by Ord. No. 2014-2]
TOWNHOUSE
An attached single-family dwelling having at least two independent
outside yards and not more than two walls in common with another dwelling
unit.
TOWNSHIP
Horsham Township, Montgomery County, Pennsylvania.
[Added 6-11-2014 by Ord. No. 2014-2]
TRAILER PARK
Any land used or designated to be used as parking space for
more than one travel trailer.
TRAVEL TRAILER
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation, and other
short-term uses having a body width not exceeding eight feet and a
body length not exceeding 32 feet. Not a mobile home.
TREES, MATURE
Mature trees are those which measure at least six inches dbh (diameter at breast height or 4.5 feet above the ground). Refer to Chapter
198, Subdivision and Land Development, for protection standards.
[Amended 7-12-2000 by Ord. No. 1151]
USE
Any activity, occupation, business or operation carried on,
or intended to be carried on, in a building or other structure or
on a tract of land.
VARIANCE
Relief which may be granted or denied by the Zoning Hearing Board in accordance with Article
XXXVI hereof constituting a modification of, or deviation from, the exact provisions of this chapter as applied to a specific piece of property where it is alleged that the provisions of this chapter inflict unnecessary hardship upon the applicant. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
WATERCOURSE
An intermittent or perennial stream of water, river, brook,
creek, swale; a channel or ditch for water, whether natural or man-made.
[Added 9-16-1998 by Ord. No. 1147]
WETLAND
Those areas that are inundated and saturated by surface or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, and similar areas. More specifically, an area
meeting the official wetland definition of the U.S. Army Corps of
Engineers Wetlands Delineation Manual, Technical Report Y-87-1; or
the Pennsylvania Department of Environmental Protection Wetlands Identification
and Delineation, Chapter 105 Dam Safety and Waterways Management Rules
and Regulations; or the U.S. Environmental Protection Agency Wetlands
Identification Delineation Manual, Volume I, Rational, Wetland Parameters,
and Overview of Jurisdictional Approach, Volume II, Field Methodology
or the most recently amended reports, will be considered a wetland
for the purposes of this chapter. In the event the definition of a
wetland accepted by the U.S. Army Corps of Engineers conflicts with
the definition of a wetland accepted by the Pennsylvania Department
of Environmental Protection, or Environmental Protection Agency, the
more restrictive definition shall apply.
[Amended 9-16-1998 by Ord. No. 1147]
WETLANDS SPECIALIST
Qualified specialist shall include those persons being certified
professional soil scientists as registered with Registry of Certified
Professionals in Agronomy Crops and Soils; or as contained on consultant's
list of Pennsylvania Association of Professional Soil Scientists;
or as registered with the National Society of Consulting Soil Scientists;
or as certified by state and/or federal certification programs; or
by a qualified biologist/ecologist.
[Added 9-16-1998 by Ord. No. 1147]
WETLAND TRANSITION AREA
An area extending from the outer limit of the wetland that
provides habitat for plants and animals, and incorporates both wet
and dry areas. Transition areas are an integral part of the wetlands
ecosystem that serve as buffers to minimize the adverse impacts of
human activities on wetlands.
[Added 9-16-1998 by Ord. No. 1147]
WIRELESS
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 6-11-2014 by Ord. No. 2014-2]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The antennae, 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 6-11-2014 by Ord. No. 2014-2]
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 6-11-2014 by Ord. No. 2014-2]
WOODLANDS
The woodland area shall be measured from the drip line of the outer trees. Woodlands are also 12 or more individual trees which measure at least six inches dbh and form a contiguous canopy. Refer to Chapter
198, Subdivision and Land Development, for protection standards.
[Amended 9-16-1998 by Ord. No. 1147; 7-12-2000 by Ord. No.
1151]
YARD
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, except for vegetation, cornices, eaves, gutters, chimneys
projecting not more than 24 inches, uncovered steps and accessory
buildings as herein otherwise permitted.
A.
FRONT YARDA yard extending the full width of the lot along the ultimate right-of-way of a street and extending in depth from the front lot line to the nearest point of any structure on the lot. In the case of a flag lot, the front yard shall be that yard which is most closely parallel to the street from which vehicular access is obtained. A corner lot with frontage along one or two streets shall have a front yard along each street. A corner lot with frontage along three or more streets shall have two front yards (on the streets of lesser classification), one rear yard (on the street of higher classification), and all remaining yards shall be side yards. Driveway access to a corner lot will be via the street of lesser classification, provided that for nonresidential uses, driveway access to the street of higher classification may be permitted when it is determined by Horsham Township Council that the level of service and safety of the adjacent intersection and/or roadways is not reduced.
[Amended 7-12-2000 by Ord. No. 1151]
B.
REAR YARDA 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 any structure on the lot.
C.
SIDE YARDA 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 any structure on the lot.
ZONING PERMIT
A document signed by the Zoning Officer, as required by this
chapter, as a condition precedent to the commencement of a use or
the erection, construction, reconstruction, restoration, alteration,
conversion or installation of a structure or building, which acknowledges
that such use, structure or building complies with the provisions
of this chapter or authorized variance therefrom.