For purposes of this chapter, certain words
shall be interpreted as follows:
A.
Words used in present tense include the future.
B.
The singular number includes the plural and the plural
includes the singular.
C.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for" and "occupied for."
D.
The word "person" includes an individual, corporation,
partnership, incorporated association and/or any other similar entity.
E.
The words "include" or "including" shall not limit
the term to the specified examples, but are intended to extend the
meaning to all other instances of like kind and character.
F.
The word "building" shall always be construed as if
followed by the words" or part thereof."
G.
The word "may" is permissive, and the words "shall"
and "will" are always mandatory.
H.
The masculine includes the feminine (he/she, his/her,
etc.).
[Amended 7-8-1993 by Ord. No. 93-1; 11-14-1996 by Ord. No.
96-6; 3-13-1997 by Ord. No. 97-2; 4-2-1998 by Ord. No. 98-3; 8-13-1998 by Ord. No. 98-4; 9-10-1998 by Ord. No. 98-5; 9-14-2000 by Ord. No.
00-3; 7-10-2003 by Ord. No. 03-02; 8-14-2003 by Ord. No. 03-04]
Words and terms used in this chapter shall have
the meanings given in this article. Unless expressly stated otherwise,
any pertinent word or term not a part of this listing, but vital to
the interpretation of this chapter, shall be construed to have its
legal definition, or in absence of a legal definition, its meaning
as commonly accepted by practitioners including civil engineers, surveyors,
architects, landscape architects and planners.
A privately owned, constructed and maintained vehicular access
from a public or private right-of-way to off-street parking or loading
spaces.
A piece of land which provides physical access to, and legal
road frontage for a lot, but which does not comply with the minimum
lot width regulations of this chapter. Access strips shall be a minimum
of 50 feet wide and provide access to "rear" or "interior" lot. The
area of an access strip shall not be included in the minimum lot area
or minimum front yard setback required under the provisions of this
chapter.
A structure detached from a principal building on the sale
lot and customarily incidental and subordinate to the principal building
or use.
A use on the same lot and customarily incidental and subordinate
to the principal building or use.
An extension or increase in floor area or height of a building
or structure.
Any business, club or other similar operation which permits
patrons, clients, visitors or members to hear, view, read, lease,
purchase, trade or exchange, and/or participate in activities, publications,
movies, video tapes, and/or live or televised performances which have
as their dominant theme or themes explicit sexual activities and/or
the exhibition of portions of the human or animal anatomy which are
not normally seen in the public or in commercial or other club-type
operations, including the genital areas, buttocks and female breasts,
and which are operations may or may not exclude minors by virtue of
age. Included in the term "adult use" are bookstores, movie theaters,
bars and any other operation which qualifies for inclusion by virtue
of the definition above, regardless of the type of other uses or operations
which may also be conducted on or in the property or properties involved.
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture,
silviculture, aquiculture and animal and poultry husbandry and the
necessary accessory uses for packing, treating and storing the produce;
provided, however, that the operation of any such accessory uses shall
be secondary to that of the normal agriculture activities. Included
in the term "agriculture" is the use of machinery designed and used
for agricultural operations including, but not limited to, crop dryers,
feed grinders, sawmills, hammer mills, refrigeration equipment, bins
and related equipment used to store or prepare crops for marketing,
and those items of agricultural equipment and machinery defined by
the Act of December 12, 1994 (P.L. 944, No. 134), known as the Farm
Safety and Occupational Health Act. Custom work and the movement of
crops harvested off-sight to the farmstead property shall be considered
normal farming practice.
A minor, vehicular right-of-way, public or private, on which
no principal structures front, which serves as the secondary means
of access to two or more properties which otherwise front on a public
street.
As applied to building or structure, a change or rearrangement
in the structural parts or mechanical equipment, or any enlargement
or diminution of a building or structure, whether horizontally or
vertically, or the moving of a building or structure from one location
to another.
A subordinate use that is controlled by a larger permitted
use. An example is a public garage (tires, batteries and accessories)
or garden shop controlled by a department store.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
The raising and keeping of livestock, fish, fur-bearing animals,
honey bees or poultry for any commercial purpose. The keeping of livestock,
fish, fur-bearing animals, honey bees or poultry as farm pets or for
domestic purposes shall not be construed as animal husbandry.
A transmitting and/or receiving device used in telecommunications
that radiates or captures radio signals.
The area which lies between the satellite dish antenna and
an orbiting satellite.
Any pole, telescoping mast, tower, tripod or any other structure
which supports a device used in the transmitting or receiving of radio
frequency energy.
A person who has filed an application for approval of a subdivision
or land development plans, including his/her heirs, successors, agents
and assignees. The term also includes landowner, developer, builder
and/or other persons responsible for the plans and construction of
buildings or other improvements on any parcel of land.
An underground bed or stratum of earth, gravel or porous
stone that contains water.
The exposed ground level portion of an aquifer.
A building containing a stage and a seating for meetings
and/or performances.
Major repairs include any spray painting; body, fender, clutch,
transmission, differential, axle, spring and frame repairs; major
overhauling of engines requiring removal of cylinder head; repairs
of radiator requiring removal thereof; and complete recapping or retreading
of tires.
Includes sale and servicing of spark plugs, batteries and
distributors and distributor parts; tire servicing and repair, but
not recapping or regrooving; replacement of mufflers and tail pipes,
water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats,
seat covers, windshield wipers and wiper blades, grease retainers,
wheel bearings, mirrors and the like; radiator cleaning and flushing;
washing and polishing, and sale of automotive washing and polishing
materials; greasing and lubrication; providing and repairing fuel
pumps, oil filters and lines; minor servicing and repair of carburetors;
emergency electrical repairs; adjusting and repairing brakes; minor
motor adjustment not involving removal of the head or crankcase or
racing the motor; provision of road maps and other informational material
to customers; provision of rest room facilities; and state inspection
and normal state inspection repairs.
Any premises used for supplying gasoline and oil, tires,
accessories and services for motor vehicles at retail direct to the
motorist consumer, including minor automotive repair.
Includes savings and loan, finance companies, credit unions
and other similar financial or fiduciary institutions.
The highest point of the stream bank corresponding to the
flow that just fills the channel to the top of its banks to a point
where the water begins to overflow into a floodplain area.
[Added 9-10-2009 by Ord. No. 2009-07]
A large farm building generally used to store farm products,
supplies and/or equipment and frequently containing facilities to
shelter large live stock or for conducting farm operations such as
the milking of cows; or any accessory building that is larger in ground
floor area than the dwelling it is accessory to, regardless of the
use of the accessory building.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet. A space which does not meet
the above criteria is a cellar. For floodplain management purposes,
a "basement" means any area of the building having its floor below
ground level on all sides.
A residential accessory use consisting of one dwelling unit
together with no more than five rooms or suites (accommodating no
more than 10 guests) that are rented to overnight or weekly guests
and where meal are prepared for the guests by the proprietors. The
rented rooms do no contain kitchen facilities and do not contain kitchen
facilities and do not constitute a separate dwelling units.
Conservation practices or management measures which control
soil loss and reduce water quality degradation caused by nutrients,
animal wastes, toxics, sediment and runoff.
[Added 9-10-2009 by Ord. No. 2009-07]
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or any
other barrier to development.
A commercial use consisting of a single dwelling unit and
no more than five rooms or suites (accommodating no more than 10 lodgers)
where lodging is provided with or without meals to tenants for periods
generally longer than 30 days, for compensation.
The amount by which development can exceed base zoning with
the use of TDRs in a receiving district.
[Added 5-12-2011 by Ord. No. 2011-02]
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 may be further defined
and regulated by this or other Township ordinances to include screen
and softening buffer categories.
A combination of materials to form a permanent structure
having walls and a roof. Included shall be all manufactured homes
and trailers to be used for human habitation.
The ratio obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including balconies
and decks, patios, covered porches, carports and breezeways) by the
net lot area of the lot upon which the buildings are located.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side and rear yard areas, and encompasses the area of the lot not
found in the yard areas and rights-of-way.
The line which serves as the rear boundary of the minimum
front yard. (See also "yard line.") For the purposes of measuring
lot width at the building line the following apply:
For wedge-shaped lots which are narrower at
the street than at the rear property line, the building line may be
moved back from the minimum front yard depth to a point where the
lot width equals the minimum required for the district; provided,
that at least 50 feet of street frontage is provided and the lot complies
with all other dimensional requirements of the district.
Where "rear" or "interior" lots are permitted,
the building line shall be oriented as parallel or concentric to the
street from which access is provided as is feasible, and setback from
the intervening property line at least the minimum front yard depth.
The horizontal distance between buildings or structures measured
from the exterior surface. The measured distance shall not include
overhanging eaves, gutters and cornices.
[Added 6-13-2013 by Ord. No. 2013-02]
Tree diameter measured 2 1/2 feet from the ground.
A plot of ground upon which two or more campsites are located,
established or maintained for occupancy by camping units of the general
public as temporary living quarters for recreation, education or vacation
purposes.
The person responsible for the direct care, protection, supervision
and guidance of children in a day care setting.
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The portion of a street or highway designed for vehicular
traffic, typically paved.
A tract or parcel of land that contains the cellular communication
antenna, its support structure, accessory building(s) and parking,
and may include other uses associated with and ancillary to cellular
communication transmission.
The portion of a building which is partly or completely below
grade, and having more than 1/2 of its height below grade (see "basement").
A commercial or noncommercial low-power mobile radio service
licensed by the Federal Communications Commission (FCC) to two providers
in a specific geographical area in which the radio frequency spectrum
is divided into discrete channels which are assigned in groups to
geographic cells within a service area and which are capable of being
reused in different cells within the service area.
[Amended 12-11-2014 by Ord. No. 2014-02]
Land used or intended to be used for the burial of the deceased,
including columbariums, crematories, mausoleums and mortuaries when
operated in conjunction with the cemetery and within its boundaries.
A sewage disposal network and facilities, or water supply
network serving a group or series of property owners in coming; may
be publicly or privately owned.
For the purposes of child day care, a child is a person under
16 years of age.
Any dwelling, building or portion thereof in which child
day care services are provided, including any onsite outdoor play
area. Child day care facilities shall be further differentiated by
the following three classifications:
DAY CARE FACILITYA facility which is licensed to provide care for seven or more children at any one time, where the child care areas are not being used as a family residence.
FAMILY DAY CARE HOMEAny premises or dwelling unit other than the child's own home where the child care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis to four, five or six children, who are not relatives of the caregiver. Day care service for children in this type of a facility is different from "babysitting."
GROUP DAY CARE HOMEA facility in which care is provided for more than six but less than 12 children, at any one time, where the child care areas are being used as a family residence.
See "place of worship."
The temperature at which a liquid sample produces sufficient
vapor to flash, but not ignite, when in contact with a flame in a
closed cup tester.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings and a constitution and/or bylaws.
An alternative development method wherein structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space and permitting more imaginative site design than
may be possible under standard development.
An area of land or other area used for a solar collection
system principally used to capture solar energy, convert it to electrical
energy or thermal power and supply electrical or thermal power primarily
for off-site use. Commercial solar energy systems consist of one or
more freestanding ground-, or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators and heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures.
[Added 7-18-2019 by Ord.
No. 2019-01]
All the real property and improvements set aside for the
common use and enjoyment of the residents including, but not limited
to, buildings, open land, private roads, parking areas, walkways,
recreation areas, landscaped areas, drainage easements and any utilities
that service more than one unit, such as sewer and water facilities.
The Upper Frederick Township Comprehensive Plan and amendments
thereto, including maps, charts and/or descriptive matter officially
adopted by the Township Planning Commission and Board of Supervisors,
intended to express Township policies that guide future development
of the Township and including all elements required by the Pennsylvania
Municipalities Planning Code.
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Board of Supervisors. The Board of Supervisors
is empowered to grant permission for conditional uses, consistent
with the public interest, in compliance with the standards and procedures
established in this chapter, following thorough examination of the
proposal, and under any reasonable safeguards necessary to implement
the purposes and intent of this chapter and to protect the general
welfare.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designed for common ownership
solely by the owner of those portions created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.
A community association combining individual homeownership
with shared use or ownership of common property and facilities organized
in accordance with the Pennsylvania Uniform Condominium Act, 68 P.S.
§ 3101 et seq. The homeowner owns the interior of the individual
residence while the exterior is owned "in common" with the other owners.
The homeowner owns an individual interest in the common facilities
in addition to his residence. The association its responsible for
maintaining the property and delivering common services, but does
not own the common property. Condominium is a legal form of ownership,
not a specific building type.
The construction, conversion, reconstruction, renovation,
repair, extension, expansion, alteration or relocation of a building
or structure, including the placement of mobile or manufactured homes.
Sharing a boundary.
The remodeling or alteration of a structure so as to accommodate
more leasable or saleable units or a different use than what had originally
been intended for the structure. Includes the alteration of a nonresidential
structure into a dwelling unit(s) for at least one family, the modification
of a single-family structure to accommodate more units than originally
intended, the alteration of existing dwellings into a commercial use,
and the alteration of an existing dwelling into a mixed commercial
and residential use.
A lot having contiguous frontage on two or more intersecting
roads.
The County of Montgomery, Commonwealth of Pennsylvania.
A drain, ditch or conduit not incorporated in a closed system,
that carries drainage water under a driveway, roadway or paved area.
An amendment, submitted either by a citizen or by the Township,
to be considered by the Board of Supervisors as a potential cure for
a successful challenge to the substantive validity of a land use ordinance.
See "child care facility."
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 is
conveyed by a grantor to a grantee.
A restriction upon the use of a property placed in a deed.
The number of dwelling units per developable acre of land.
The Department of Health of the Commonwealth of Pennsylvania
(the "DOH").
[Added 8-10-2017 by Ord.
No. 2017-01]
A facility for the temporary storage of stormwater runoff.
Materials which decompose by detonation. Such materials include
explosives, unstable compounds and fissionable matter.
A rapid build-up of a destructive pressure wave caused by
chemical reaction and/or the sudden release of energy.
Acreage available for development after subtracting legal
and ultimate rights-of-way of existing roads, floodplains, wetlands,
ponds, lakes, utility company easements and rights-of-way, riparian
conservation corridor and slopes of 15% or more from the gross area
of a tract or lot; applies to developable acre, acres, tract, tract
area and tract acreage.
[Amended 9-10-2009 by Ord. No. 2009-07]
Any man-made change to improved or unimproved real estate
including, but not limited to, the construction, reconstruction, renovation,
repair, expansion or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; and the subdivision of land.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
street, parking facilities, ways, common open space and public facilities.
The rights of the owner of a parcel of land, under land development
regulations, to configure that parcel and the structures thereon to
a particular density for residential uses.
[Added 5-12-2011 by Ord. No. 2011-02]
A person having a physical or mental condition which prevents
one from doing any substantial gainful work when that condition is
expected to last (or has lasted) at least 12 months or is expected
to result in death.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
is registered by the DOH under the Act[1] to dispense medical marijuana. The term does not include
a health care medical marijuana organization under Chapter 19 of the
Act.
[Added 8-10-2017 by Ord.
No. 2017-01]
Any building or structure used to dispense medical marijuana
by a licensed dispensary.
[Added 8-10-2017 by Ord.
No. 2017-01]
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
An establishment which by design, physical facilities, service
or by packaging procedures encourages or permits customers to receive
services, obtain goods or be entertained while remaining in their
motor vehicles.
A private cartway providing vehicular access between a public
street and a lot, property or development.
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units.
APARTMENTA single dwelling unit in a multifamily building; a single dwelling unit in a duplex may also be referred to as an apartment.
LOT LINE HOUSEA single-family detached dwelling on an individual lot, with the building set on one side property line, so that the lot has only one side yard. Lot line homes should be designed so that this side yard and the rear yard constitute the primary outdoor living areas for the dwelling. Typically, no windows are placed on the building wall that is on the lot line. A five-foot access easement is provided on the adjacent property along the lot line, for necessary maintenance of the building wall located on the lot line. Also known as zero lot line.
MULTIFAMILY BUILDINGA detached residential building containing three or more dwelling units with not more than six dwelling units located at ground level. Units may not be arranged entirely in horizontal rows (like townhouses), and are generally locate entirely above or below one another. Units may share outside access and/or internal hallways, lobbies and similar facilities. The dwelling units cannot be individually lotted, but instead share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as rental or condominium development. This dwelling type includes garden apartments, flats and multifamily conversions.
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. This dwelling type shall include, but not be limited to, dwelling units commonly known as townhouses, rowhouses, triplexes, quadruplexes and multiplexes.
MULTIPLEXAn attached dwelling arranged in a group of no more than six units, in a variety of configurations: side by side; back to back; or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house, a feature which is encouraged by this chapter.
TOWNHOUSE (ROWHOUSE)A single-family attached dwelling in a row of at least three units, with each dwelling unit occupying the area from ground to roof, with individual outside access.
SINGLE-FAMILY DETACHED DWELLING UNITA building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.
TWO FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two family building counts as two dwelling units for density purposes.
DUPLEX (TWO FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Separate ingress and egress is provided to each unit.
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side, and joined to each other by a vertical common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provide to each unit.
VILLAGE HOUSEA single-family detached house on an individual lot, differing from other forms of single-family detached housing in its lot size and placement on the lot. The front yard is narrow, but is distinguished by planting or architectural treatments. Each village house must meet two or more of the following criteria:
An unenclosed porch, at least seven feet wide,
running across at least 3/4 of the house front.
A front yard raised above sidewalk grade by
at least 30 inches with a retaining wall of at least 18 inches at
the sidewalk line.
A fence of at least 30 inches and no more than
four feet in height, enclosing the front yard, plus one flowering
shrub per 60 inches across the width of the house front.
Two canopy trees per lot, or three flowering
trees per lot, located within the front yard.
Intensive planting of one canopy tree, one flowering
tree, plus one flowering shrub per 30 inches across the width of the
house front.
A hedge of shrubs planted 18 inches apart across
the width of the front yard, limited to a mature height of four feet.
ELDER COTTAGEA small manufactured or modular, freestanding housing unit specifically designed for elderly, disabled or handicapped persons. This unit is designed to be transported and moved and to be installed on the same lot as an existing single-family detached dwelling unit.
[Added 6-13-2013 by Ord. No. 2013-02]
One or more rooms, designed, occupied or intended to be occupied
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single-family
maintaining a household.
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 hold title to the land. No structure shall be erected
within an easement to impede access.[2]
A person 62 years of age and over, or a couple where one
of them is 62 years of age or over.
A vertical distance above or below a fixed reference level;
and a flat scale drawing of the front, rear or side of a building.
A large, privately-owned lot comprising all or part of an
area of open land under the open land standards of the R-80 Land Preservation
District. The purpose of the estate lot is to provide surrounding
residents with visual access to open land, while keeping the land
under private ownership and maintenance. Only a small portion of the
estate lot may be developed; the remainder may be farmed or left in
its natural state. Public access to estate lots is not required.
A material which produces flammable or explosive gases or
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 on a nontransient
basis as a single housekeeping unit and doing their cooking on the
premises, when said individuals are related by blood, marriage or
adoption, including any number of foster children; no more than five
unrelated individuals living together as a single housekeeping unit
and doing their cooking on the premises, except when an application
for a special exception to enable a greater number of unrelated individuals
to occupy a dwelling unit is reviewed and approved by the Zoning Hearing
Board, as provided herein. Notwithstanding the definition as before,
a family shall also be deemed to include mentally or physically handicapped
persons occupying a dwelling unit as a single, nonprofit housekeeping
unit if such occupants are handicapped persons as defined in Title
VIII of the Civil Rights Act of 1968, as amended by the "Fair Housing
Act of 1988." Such unrelated individuals shall have the right to occupy
a dwelling unit in the same manner and to the same extent as any family
unit as defined in the part of this definition.
See "child day care facility."
A premises of at least five acres which is used for the production
of agricultural commodities in their unmanufactured state, such as
raising livestock and which shall include those activities which are
customarily associated with such production, including the application
of manure and/or fertilizers for crop production.
An establishment whose principal business is the sale of
prepared or rapidly prepared food directly to the customer in a ready-to-consume
state for consumption either within the restaurant building or off
the premises.
Subject to easy ignition and rapid flaming combustion.
The following terms are defined for the purposes of Article XVI, FPC Floodplain Conservation District:
[Amended 2-11-2016 by Ord. No. 2016-03]
BASE FLOODA flood which has a one percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
FEMAThe Federal Emergency Management Agency which has jurisdiction over the National Flood Insurance Program and its related studies and regulations.
FLOODPLAIN AREAA relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the usual and rapid accumulation of surface waters from any source.
All other floodplain-related terms shall be as defined in Chapter 140, entitled "Floodplain Management," and are incorporated herein by reference.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls,
or from the center line of a wall separating two buildings, but not
including interior vehicular parking or loading, or any space where
the floor-to-ceiling height is less than six feet.
The total of all floor areas of a building, excluding stairwells
and elevator shafts, equipment rooms, interior vehicular parking and
loading, and all floor area below the first or ground floor except
when used or intended to be used for human habitation or service to
the public. The area excluded as unusable may not exceed 15%.
The length of the lot line abutting a street right-of-way.
The total floor area designed for owner or tenant occupancy
and exclusive use, including basements, mezzanines and upper floors,
expressed in square feet and measured from the center line of partitions
and from outside wall faces; not including public or common areas,
such as public toilets, corridors, stairwells, elevator lobbies or
enclosed mall spaces.
See "child care facility."
A residential facility used as living quarters by any number
of unrelated persons requiring special care, and their attendant adult
supervisors, specifically designed to create a residential setting
for the following types of individuals: juvenile delinquents, the
mental and physically impaired, and other similar uses as a special
exception. The individuals may be either transient or permanent residents.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
is registered by the DOH under the Act[3] to grow and process medical marijuana. The term does not
include a health care medical marijuana organization under Chapter
19 of the Act.
[Added 8-10-2017 by Ord.
No. 2017-01]
Any building or structure used to grow medical marijuana
by a licensed grower/processor that has a current and valid license
from the DOH pursuant to the Act.[4]
[Added 8-10-2017 by Ord.
No. 2017-01]
See "bed-and-breakfast," "hotel," "motel."
Anyone with a physical or mental disability that substantially
impairs or restricts one or more of such major life activities such
as walking, seeing, hearing, speaking, working or learning.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including a general hospital, public health center, diagnostic center,
treatment center, rehabilitation center, extended care facility, skilled
nursing home, nursing home, intermediate care facility, chronic disease
hospital, maternity hospital, birth center dispensary, home health
care agency, personal care boarding home. All care for which a state
license is required shall be provided by properly licensed personnel,
including nurse practitioners. (Also see "institutional uses.")
Establishments primarily engaged in furnishing medical, surgical
or other services to individuals, including the offices of physicians,
dentists and other licensed health practitioners, medical and dental
laboratories, out-patient care facilities, blood banks and oxygen
and miscellaneous types of medical supplies and services.
The vertical distance measured from the average elevation
of the existing grade at the location of the building to the highest
point of a flat or multilevel roof or, for gable hip or gambrel roofs,
to mean height between the eaves and ridge. Residential chimneys,
mechanical penthouses and similar projections not intended for human
occupancy shall be excluded.
A landing area for helicopters which includes facilities
for fueling, repair and storage of helicopters and which is licensed
by the PADOT.
A heliport landing area (sometimes known as a helistop) licensed
by the Pennsylvania Department of Transpiration (PADOT) for the purpose
of picking upon or discharging passengers or cargo. No fueling, helicopter
repair or storage area(s) are permitted in conjunction with the operation
of a personal use heliport.
A facility operated on a not-for-profit basis by an organization
or an individual for the purpose of providing an educational historic
setting.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of Interior)
or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district.
Individually listed on a state inventory of
historic places in states with historic preservation programs which
have been approved by the Secretary of Interior.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
The accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts on a residential site, pursuant to the provisions of Article VII of this chapter. The use is incidental and secondary to the use of the dwelling for residential purposes, and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
A community association combining individual homeownership
with shared use or ownership of common property and facilities. The
homeowner owns the lot, including the interior and exterior of the
individual home, while the association owns and maintains the common
facilities.
An establishment provided transient accommodations, containing
five or more rental rooms or suites, where access to rooms is provided
through a lobby and internal hallways and the building height is more
than two stories. Meeting rooms, banquet facilities and ancillary
commercial shops are often provided within the building, with internal
hallway access.
A surface coverage that prevents the infiltration and/or
percolation of water into the ground. Impervious surfaces include,
but are not limited to, streets, sidewalks, pavements, driveway areas
or roofs. Any surface areas designed to be compacted gravel or crushed
stone shall be regarded as impervious surface coverage. The percentage
of impervious surface coverage is determined by dividing the square
footage of impervious surface coverage by the net lot area.
[Amended 1-14-2010 by Ord. No. 2010-01]
The physical additions, installation and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities and drainage facilities.
Those fields of economic activity, including fishing, hunting
and trapping, mining, construction, manufacturing, transportation,
communication, utility services and wholesale trade. (See "industry,
light" and "industry, heavy.")
Industrial activities which are carried out entirely within
an enclosed building and involve no outdoor processes or outdoor storage
of primary raw materials.
Industrial activities which do not meet the definition of
"light, industry."
Uses with specialized definitions including the following:
INTERMEDIATE CARE FACILITYA facility that provides nursing care and related medication or other personal health services on a regular basis to individuals who do not require a degree of care or treatment which a hospital or skilled nursing care facility is designed to provide, but who, because of their mental or physical disability, require hospital or skilled nursing services within the context of a planned program of care and administrative management, supervised on a continuous twenty-four-hour basis in an institutional setting. [Skilled nursing and personal care facility definitions are drawn from state legislation (House Bill No. 1278, effective December 22, 1988) regulating personal care facilities].
PERSONAL CARE FACILITYA premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, and who dot not require the services of a skilled nursing or intermediate care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet or medication prescribed for self-administration.
SKILLED NURSING CARE FACILITY or NURSING HOMEA premises in which nursing care and related medical or other health services are provided, for a period exceeding 24 hours, for two or more individuals, who are not relatives of the operator, who are not acutely ill or in need of hospitalization, but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity need such care.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)A development, licensed as required, which:
[Added 6-13-2013 by Ord. No. 2013-02]
Is operated as an integrated unit on one or more adjacent parcels
of land, under common ownership;
Provides a range of housing, care and services to and for the
elderly, handicapped and/or mentally ill, together with a variety
of ancillary facilities intended to meet the social, recreational,
cultural and religious needs of the residents; and
Provides, as part of such care, three levels of health care,
including independent living, assisted living (also referred to as
a "personal care facility") and long-term and short-term skilled nursing
care.
TRADITIONAL NEIGHBORHOOD DESIGN (TND) OPTION WITHIN A CONTINUING CARE RETIREMENT COMMUNITY (CCRC)A mix of diverse but compatible types of residential development provided as part of and only within a new or existing continuing care retirement community, whether proposed as part of the initial development of the continuing care retirement community or thereafter, and whether proposed on property which was part of such initial development or thereafter acquired for present or future use as part of such retirement community development. A particular traditional neighborhood design option within a continuing care retirement community may propose one or more dwelling types that will be added to existing or future proposed diverse but compatible housing in the continuing care retirement community.
[Added 6-13-2013 by Ord. No. 2013-02]
INDEPENDENT LIVING FACILITYA residential facility which: (1) is designed and managed for adult residents who are elderly, handicapped and/or mentally ill, but who are independently mobile and not in need of supervision or the services of a skilled nursing home, personal care facility or intermediate care facility; and (2) provides self-sufficient residential opportunities for the residents while, at the same time, providing access to limited nonmedical services needed to sustain the activities of daily living. Such a facility may include single-family detached, single-family attached, or two-family buildings, elder cottages, and multifamily or apartment dwellings.
[Added 6-13-2013 by Ord. No. 2013-02]
The document provided by the Township for the transfer of
development rights.
[Added 5-12-2011 by Ord. No. 2011-02]
A collection of adjacent parcels containing at least 15 acres
and at least three light industrial uses, planned and developed as
an integrated unit within the industrial zoning district.
Includes refuse, rubbish, scrap and debris, whether recyclable
or not, and made from any or all material other than solid waste as
defined herein. It shall not include refuse or garbage kept in proper
containers for the purposes of prompt disposal or collection.
Any outdoor establishment or place of business which is maintained,
used or operated for storing, keeping, buying or selling junk, including
junked motor vehicles and their parts.
Any structure or premises in which more than four dogs or
other domesticated small animals more than six months old are housed,
groomed, bred, boarded, trained or sold.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure.
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Except that the following activities shall not
be considered land development:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
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 if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A space, accessible from a street, in a building or on a
lot, for the temporary use of vehicles while loading or unloading
materials or merchandise.
A designated parcel, tract or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
Calculated land area contained within the deeded boundaries
of a lot or tract.
Acreage available for development after subtracting, from gross lot area, areas of public and private rights-of-way, easements, ultimate rights-of-way, steep slopes (as defined in Article XV, Steep Slope Conservation District), riparian conservation corridor (as defined in Article XXIV, Riparian Conservation Corridor), floodplains (as defined in Article XVI, Floodplain Conservation District), existing watercourses, wetlands, ponds, lakes and access strips for flag lots. This definition shall be used to calculate net tract acreage, developable lot area.
[Amended 3-8-2007 by Ord. No. 2007-04; 9-10-2009 by Ord. No. 2009-07; 1-14-2010 by Ord. No. 2010-01]
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to an access strip. This definition
does not include the commonly used wedge-shaped lots located on a
cul-de-sac turnaround. Also known as a "rear lot" or "interior lot."
Any property boundary line of a lot, further defined as follows:
Front lot line is the line identical with the
ultimate right-of-way line (also known as street line). For a flag
lot, the front lot line shall be that boundary of the buildable part
of the lot closest to and approximately parallel to the ultimate right-of-way
line.
Rear lot line is the line or lines most nearly
parallel or concentric to the front lot line.
Side lot lines are the lines most nearly perpendicular
or radial to the front lot line. On a corner lot, the side lot line
shall be the line or lines most nearly perpendicular or radial to
the higher classification of street, where applicable. The remaining
line shall be considered the rear lot line.
A lot which fronts on more than one street shall
have a front lot line on each street frontage.
The horizontal distance between side lot lines, measured
at the building line, parallel or concentric to the ultimate right-of-way
line. For a corner lot, lot width shall be measured parallel or concentric
to the ultimate right-of-way line of the higher classification of
street, where applicable.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
built on a permanent chassis which arrives at a site completed and
ready for occupancy except for minor and incidental unpacking and
assembly operations, and constructed so that it may be used with or
without a permanent foundation. The term includes park trailers, travel
trailers, recreational and other similar vehicles which are placed
on a site for more than 180 consecutive days.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more manufactured homes for
nontransient use.
The process or operation of making wares or products from
raw materials by hand or by the use of machine(s).
Act 16 of 2016, 35 P.S. § 10231.101 et seq. (the
"Act").
[Added 8-10-2017 by Ord.
No. 2017-01]
A dispensary facility or a grower/processor facility.
[Added 8-10-2017 by Ord.
No. 2017-01]
An area, ranging in size from 2,500 to 10,000 square feet,
designed to meet passive or active recreational needs of the immediately
surrounding community.
[Added 5-14-2015 by Ord.
No. 2015-02]
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separate
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 without a permanent foundation.
May not meet local building codes but does meet the standards of the
U.S. Department of Housing and Urban Development, as indicated by
the Structural Engineering Bulletin(s) provided to the Board of Supervisors
by the applicant.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
of the placement thereon of mobile homes.
A single-family dwelling unit for permanent occupancy, made by assembling one or more factory-produced, three dimensional sections into one integral building, not capable of easily being separated for repeated towing, whose construction materials must conform to those of conventionally-built units, as required by the Township's building code (Chapter 112), and must be placed on a permanent foundation. A copy of the Structural Engineering Bulletin(s) must be provided to the Board of Supervisors, indicating approval of the dwelling or its occupants by the U.S. Department of Housing and Urban Development.
An establishment providing transient accommodations, containing
more than five rental rooms or suites, where access to rooms is from
directly outside the building. Building height is typically only one
or two stories, and the facility is generally served by a central
office rather than a lobby.
A commercial use for the sale and repair of motor vehicles,
including new and used cars, trucks, recreational vehicles, and/or
farm equipment; having both indoor and outdoor display areas and providing
maintenance and repair services for vehicle owners.
All vehicles propelled or drawn by power other than muscular
power and intended for use on public highways or in agricultural activities.
Structures for which the start of construction commenced
on or after the date of this chapter, and includes any subsequent
improvements thereto.
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
a 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 of inventory of a substantial nature.
There shall be no outside appearance of the
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 the 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.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of 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.
A structure or part of a structure 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 was lawfully in existence prior to the enactment of
such ordinance or amendment, or prior to the application of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in a zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment, or prior to
the application of such ordinance or amendment to its location by
reason of annexation.
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
Public or private land and/or water designated for the use
and enjoyment of Township residents and/or the general public, incorporating
natural features such as woodland, stream or meadows and including
Township parks, trails and other recreational facilities. Also includes
"common open space," as defined below, and other private lands which
are available for the use of Township residents (i.e., through access
easements). Also known as "open land."
A parcel or parcels of land within a development site designed
and intended for the use or enjoyment of the residents 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 recreational facilities for residents
as are shown in the approved development plan.
Any area which is predominately open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
A reasonably level area outside a street right-of-way, available
for the parking of one motor vehicle and consisting of an all-weather
surface, either covered garage space or uncovered parking lot space,
which has access from a street, alley or driveway, exclusive of passageways,
driveways or other means of circulation or access.
[Amended 1-14-2010 by Ord. No. 2010-01]
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form, as a liquid or solid.
The Municipalities Planning Code, originally enacted as Act
247 of 1968, which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. Abbreviated as "MPC" or "Act 247."
A document issued by the proper authority authorizing the
applicant to undertake specified activities.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with construction provisions of the Building Code (see Chapter 112, Article II), and which authorizes an applicant to commence with said construction, alteration or reconstruction.
USE AND OCCUPANCY PERMITGenerally, a permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this chapter; or issued in approval of a reoccupancy, a new use, or a change in use of buildings or land, indicating compliance with this chapter. Informally known as a "zoning permit."
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
A business which provides a service oriented to personal
needs, and not primarily involving retail sales of goods or professional
advisory services. Includes barber, beauty salon, bakery, tailor,
dressmaker, shoe repair, photographer, travel agent, jewelry and watch
repair or similar service uses.
A building or buildings designed and constructed primarily
for organized religious services and accessory uses associated therewith.
Includes church, chapel, synagogue, temple and other forms of terminology.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The Upper Frederick Township Planning Commission.
A building in which is conducted the principal use of the
lot on which it is located.
The single dominant use or single main use on a lot.
A building in which services are performed by a member of
a profession, including an accountant, architect, author, community
planner, dentist, engineer, insurance agent, landscape architect,
lawyer, notary, optometrist, physician, undertaker, real estate broker/appraiser,
licensed health practitioner or ordained clergy.
A recorded boundary of a lot. Any property line which abuts
a street or other public way shall be measured from the right-of-way.
A formal meeting held pursuant to public notice by the Board
of Supervisors, Planning Commission or other Township agency, intended
to inform and obtain public comment, prior to taking action in accordance
with the Pennsylvania Municipalities Planning Code, as amended.
A forum held pursuant to notice under the act of July 3,
1986, (P.L. 388, No. 84), known as the "Sunshine Act." (. . . any
prearranged gathering of an agency which is attended or participated
in by a quorum of the members of an agency, held for the purpose of
deliberating agency business or taking official action.")
Notice published once a week for two successive weeks in
a newspaper of general circulation in the Township. Such notice shall
state the time and place of the hearing and 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.
One or more districts in which the development rights of
parcels in the sending district may be used.
[Added 5-12-2011 by Ord. No. 2011-02]
A parcel of land in the receiving district that is the subject
of a transfer of development rights, where the owner of the parcel
is receiving development rights, directly or by intermediate transfers,
from a sending parcel, and on which increased density, and/or intensity,
or an otherwise nonpermitted use, is allowed by reason of the transfer
of development rights.
[Added 5-12-2011 by Ord. No. 2011-02]
The following definitions apply to recreation areas and facilities
as governed by this chapter:
ACTIVE RECREATION AREASGenerally includes areas used for group or team activities, especially those involving sports or playground equipment, and generating significant movement and/or noise from participation. May include hiking, biking and fitness trails.
PASSIVE RECREATION AREASGenerally includes areas for quite, individual or small group activity ranging from sitting areas through hiking/biking trails and may include a variety of activities such as fishing, birdwatching, picnicking and sunbathing.
PLAYFIELDA neighborhood or park play area for informal active recreation purposes such as ball games and other activities requiring a large lawn area, away from homes or other buildings to reduce potential for conflicts between active recreation and residential use.
PLAYGROUNDA confined, developed, neighborhood or park play area primarily for use by school-age children with or without supervision and equipped with a variety of traditional and/or nontraditional play equipment, permanently affixed to the land.
TOT LOTA confined, developed, neighborhood or park play area primarily for use by preschool children under the supervision of parents or guardian.
A vehicle which is:
Built on a single chassis.
Not more then 400 square feet, measured at the
largest horizontal projections.
Designed to be self-propelled or permanently
towable by a light-duty truck.
Not designed for use as a permanent dwelling
but as temporary living quarters for recreational, camping, travel
or seasonal use.
A parent, child, stepparent, stepchild, grandparent, grandchild,
brother, sister, half-brother, half-sister, stepbrother, stepsister,
first cousin, aunt, uncle, niece or nephew.
The maximum permitted ratio of dwelling units to land area
in a particular zoning district.
Lotting which extend between two streets of differing classifications,
with vehicular access provided from the lesser street, in order to
promote traffic flow and safety on the greater street.
See "waste."
A centralized sanitary sewer system or a comparable common
or package sanitary sewer facility approved by the appropriate governmental
health agency.
A device incorporating a reflective surface that is solid,
open mesh or bar-configures and is in the shape of a shallow dish,
condo, horn or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is mean to include, but not
be limited to, what are commonly referred to as satellite earth stations,
TVROs (television reception only) and microwave antennas.
A commercial establishment in a shopping center, located
in a freestanding building independent of other buildings and frequently
near the road frontage of the center. Satellite uses are generally
characterized by a need for nearby parking, rapid customer turnover
and vehicular service bays or drive-through services.
One or more districts in which the development rights of
parcels in the district may be designated for use in one or more receiving
districts.
[Added 5-12-2011 by Ord. No. 2011-02]
A parcel of land in the sending district that is the subject
of a transfer of development rights, where the owner of the parcel
is conveying development rights of the parcel, and on which those
rights so conveyed are extinguished and may not be used by reason
of the transfer of development rights.
[Added 5-12-2011 by Ord. No. 2011-02]
A sewage disposal system in compliance with all state and
local regulations, approved by the Pennsylvania Department of Environmental
Protection, an applicable sewer authority and providing service to
multiple customers. Includes "public sewer facilities and common sewage
facilities."
A sewage disposal system independent of the public sewer
system, serving more than one residence or business through a community
treatment plant, land application system or similar "satellite" system.
The central sewage system operated by a municipal authority.
A group of commercial establishments, planned and developed
as an integrated architectural and functional unit, providing convenient
onsite parking and controlled, common vehicular and pedestrian access.
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, service, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Sign types and sign-related terms are further defined in Article XX, herein.
The ownership of a contiguous land area as one or more lots
by one owner, whether a person, partnership, corporation or other
legal entity, irrespective of the fact that parts of the land may
have been acquired at different times or that the area may have been
divided into parts on any plan or plat.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture,
as amended.
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board
is empowered to grant permission for special exceptions, consistent
with the public interest, in compliance with standards and procedures
established in this chapter.
Retail shops and stores selling gifts, novelties, flowers,
books, periodicals, jewelry, apparel, tobacco, toys, crafts, hobby
supplies, cameras and film, stationary and antiques stores. Stores
in excess of 7,500 square feet in a single structure are not included
in this use. Adult uses are excluded.
A grade of 15% or greater as determined by the soil survey
or accurate contour mapping. Fifteen percent is a change in elevation
of 15 feet within 100 feet of horizontal distance, or the equivalent
rate of change within a shorter or longer distance.
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, the space between the floor and ceiling next
above it and including those basements used for the principle use.
A stream with a defined channel carrying water at least 90%
of the time. The known perennial streams in the Township are identified
on the Upper Frederick Township Riparian Corridor Conservation Map.
[Added 9-10-2009 by Ord. No. 2009-07]
A stream which carries water only a portion of the year and
which may cease to flow occasionally or seasonally because bed seepage
and/or evapotranspiration exceed the water supply. Those intermittent
streams with an upstream drainage area of 75 acres or more, measured
from where the stream exits the subject property, shall also be subject
to the requirements of the Riparian Corridor Conservation District.
[Added 9-10-2009 by Ord. No. 2009-07]
A public or private right-of-way serving primarily as a means
of vehicular and pedestrian travel, furnishing access to abutting
properties, and which may also be used for utilities, shade trees
and stormwater control. Includes street, avenue, boulevard, road,
highway, freeway, parkway, lane, alley, viaduct and any other ways
used or intended to be used by vehicular traffic or pedestrians whether
public or private.
A line identical with the ultimate right-of-way line.
Rights-of-way for street purpose are defined as follows:
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets function, in accordance with the street classifications contained in Chapter 240, Subdivision and Land Development.
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes.
Any man-made object having an ascertainable, stationary location
on or in land or water, whether or not affixed to the land. For floodplain
management purposes, a structure means anything constructed or erected
on the ground or attached to the ground including, but not limited
to, buildings, sheds, manufactured homes and other similar items.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other division
of land, including changes in existing lot line for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership, or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling shall be
exempted.
CONVENTIONAL LOTTING, SUBDIVISION or DEVELOPMENTConventional lotting spreads similar-sized, minimum dimension building lots rather uniformly across an entire tract, provides no open space or recreation areas, and includes wetlands, floodplains and/or steep slopes in yard areas. The maximum number of lots is determined by "fitting-in" as many lots as can be done in compliance with the dimensional standards of the zoning district.
FLEXIBLE LOTTING, SUBDIVISION or DEVELOPMENTFlexible lotting predetermines the maximum number of building lots, then permits their creation at standards that allow design flexibility, facilitate preservation of natural features, provide visual variety and areas for recreation and permit clearly defined neighborhoods in a subdivision.
Construction on an approved project is recognized as having
begun when foundation footings are poured or other structural supports
are installed and such footings or supports have passed any required
inspection.
The duly-elected governing body of Upper Frederick Township.
Also known as the Board of Supervisors.
A body of water or receptacle for water having a depth at
any point greater than 30 inches which is primarily used or intended
to be used for swimming or bathing.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following:
[Added 3-8-2007 by Ord. No. 2007-04]
Placing of designs, letters, figures, symbols
or other marks upon or under the skin of any person, using ink or
other substances that result in the permanent coloration of the skin
by means of the use of needles or other instruments designed to contact
or puncture the skin; or
Creation of an opening in the body of a person
for the purpose of inserting jewelry or other decoration.
The Township's documentation of the number of development
rights that can be severed from a specific property in the sending
area.
[Added 5-12-2011 by Ord. No. 2011-02]
The science or technology of communications by electronic
transmission of impulses as by telegraph, cable, telephone, radio,
television, microwave, earth station broadcast/cable television communications
and other similar technology not otherwise enumerated and as may evolve
after enactment of this article.
The use of any premises or structure for living and/or sleeping
purposes for less than 100 consecutive days in any calendar year.
An employee or consultant of the Township designated by the
Township to represent the Township's interests. A designee may include
the Township Engineer, Township Planner, Township Zoning Officer and
the Township Solicitor.
[Added 5-12-2011 by Ord. No. 2011-02]
The procedure prescribed by this chapter whereby the owner
of a parcel in the sending district may convey development rights
to the owner of a parcel in the receiving district or other person
or entity, whereby the development rights so conveyed are extinguished
on the sending parcel and may be exercised on the receiving parcel
in addition to the development rights already existing regarding that
parcel or may be held by the receiving person or entity.
[Added 5-12-2011 by Ord. No. 2011-02]
A plan required under the neighborhood lotting requirements
found in the R-80 Land Preservation District, showing the design of
all roads, neighborhoods, lots and open space areas as the applicant
intends them to be when the tract is ultimately developed to provide
the maximum permitted number of lots.
The dividing line between a lot and the outside limit of the ultimate right-of-way of a public street. Identical with street line. See "traffic-related" definitions in § 285-74 of this chapter.
Above ground structures or facilities (other than buildings,
unless such buildings are used for storage incidental to the operation
of such structures or facilities) owned by a governmental entity,
a nonprofit organization, corporation or any entity defined as a public
utility for any purpose by the Pennsylvania Public Utilities Commission
and used in connection the production, generation, transmission, delivery,
collection or storage of water, sewage, electricity, gas, oil or communication
signals. Excepted are utility transmission lines and supporting structures.
The granting of permission by the Zoning Hearing Board to
use or alter land or structures which requires a variation from the
strict application of a requirements of this chapter. Variances are
granted only if specific requirements are met, in accordance with
the provisions of this chapter.
The land area devoted to vegetative coverage, including lawns,
trees, shrubs, flowers and gardens.
An open area, other than a street or parking area, used for
display, sale or rental of new or used motor vehicles, recreational
vehicles or boats in operable condition, and where no major repairs
are done.
A geographical area that is visible from one or more viewing
points that is considered valuable or worth preserving for aesthetic
reasons, including all surrounding points that are within the line
of sight of the viewing point.
[Added 5-14-2015 by Ord.
No. 2015-02]
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
A building or group of buildings situated in a controlled-access
compound which are divided into individual separate access units which
are rented or leased for the storage of tangible personal property.
A building or group of buildings primarily used for the commercial
storage, transfer and distribution of products and materials.
See Article XXI, Solid Waste Disposal and Recycling, for the definition of "waste" and other waste-related terms.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the local authorities. Includes public water facilities and common
water facilities.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales and rivers.
Areas that are inundated or saturated by surface water 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. Wetlands are considered a
body of water, which are included in the definition of regulated waters
of the Commonwealth.
[Amended 9-10-2009 by Ord. No. 2009-07]
Places of business primarily engaged in selling merchandise
to retailers to industrial, commercial, institutional or professional
business users or to other wholesalers or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies.
Areas, groves or stands of mature or largely mature trees
(i.e., larger than six inches in caliper) covering an area greater
than 1/4 of an acre, or groves of mature trees (greater than 12 inches
in caliper) consisting of more than 10 individual specimens.
The area(s) of a lot which must remain free of buildings
or other structures, and may be used as lawn or planted area, parking
or driveway space, in compliance with the provisions of this chapter.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. Architectural elements such as cornices,
entrance hoods, overhangs or eaves may extend no more than three feet
into the required yard area. Yard is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
A line which locates and delineates the minimum yard setback
requirements, measured from the ultimate right-of-way, rear and side
lot lines.
The administrative officer charged by the Board of Supervisors
with the duty of enforcing the provisions of this chapter.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: The definition of "elder cottage," which immediately
followed this definition, was moved to a subsection under the definition
of "dwelling types" 6-13-2013 by Ord. No. 2013-02.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
