For purposes of this chapter, certain words
shall be interpreted as follows:
A.
Words used in the 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.).
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" lots. 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.
See "building."
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, videotapes 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 public or in commercial or other club-type operations,
including the genital areas, buttocks, and female breasts, and which
operations may or may not exclude minors by virtue of age. Included
in the term "adult use" are bookstores, movie theaters, restaurants,
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,
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 agricultural activities.
The following terms are defined solely for the purposes of Article XXII, AZ Airport Zoning District.
AIRPORTFacility for takeoff and landing of aircraft, complying with FAA Regulations, with accessory uses associated with aircraft.
AIRPORT ELEVATIONThe highest point of an airport's usable landing area measured in feet from sea level.
APPROACH SURFACEA surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation slope set forth in § 500-2202 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
CONICAL SURFACEA surface extending outward and upward from the periphery of the horizontal surface at a slope of 20:1 for a horizontal distance of 4,000 feet.
HAZARD TO AIR NAVIGATIONAn obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace.
HELIPORT PRIMARY SURFACEThe area of the primary surface coincides in size and shape with the designated takeoff and landing area of the heliport. This surface is a horizontal plane at the elevation of the established heliport elevation.
HORIZONTAL SURFACEA horizontal plane 150 feet above the established airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone.
LARGER THAN UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
NONCONFORMING USEFor airport zoning, includes any preexisting structure, object of natural growth, or use of land which is inconsistent with the provisions of this chapter or an amendment thereto.
NONPRECISION INSTRUMENT RUNWAYA runway having an existing instrument-approach procedure utilizing air navigation facilities with only horizontal guidance or area-type navigation equipment, for which a straight-in nonprecision instrument approach procedure has been approved or planned.
OBSTRUCTIONAny structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in § 500-2202 of this chapter.
PERSONAn individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity; includes a trustee, a receiver, an assignee, or a similar representative of any of them.
PRECISION INSTRUMENT RUNWAYA runway having an existing instrument-approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). It also means a runway for which a precision-approach system is planned and is so indicated on an approved airport layout plan or any other planning document.
PRIMARY SURFACEA surface longitudinally centered on a runway. When the runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of that runway; for military runways or when the runway has no specially prepared hard surface or planned hard surface, the primary surface is set forth in § 500-2201 of this chapter. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line.
RUNWAYA defined area on an airport prepared for landing and takeoff of aircraft along its length.
STRUCTUREFor airport zoning purposes, an object, including a mobile object, constructed or installed by man, including but without limitation buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.
TRANSITIONAL SURFACESThese surfaces extend outward at 90° angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surface, extending a distance of 5,000 feet measured horizontally from the edge of the approach surface and at 90° angles to the extended runway center line.
TREEFor airport zoning purposes, any object of natural growth.
UTILITY RUNWAYA runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
VISUAL RUNWAYA runway intended solely for the operation of aircraft using visual approach procedures.
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. Any change that would adapt a building to a different
use or, in the case of a nonconforming use, would prolong the life
of such use.
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,
honeybees, or poultry for any commercial purpose. The keeping of livestock,
fish, fur-bearing animals, honeybees, or poultry as farm pets or for
domestic purposes shall not be construed as animal husbandry. A kennel
is not animal husbandry.
For the purposes of the antenna regulations found in § 500-826 of this chapter, the following definitions shall apply:
ANTENNAAn apparatus, external to or attached to the exterior of a building or located on the ground, together with any supporting structure for sending or receiving electromagnetic waves, further defined as follows:
ANTENNA HEIGHTThe vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height. If the antenna or satellite dish is mounted on the roof of a house or other building, the height shall be measured from the peak of the roof to the top of the antenna or satellite dish.
ANTENNA RECEPTION WINDOWThe area which lies between the satellite dish antenna and an orbiting satellite.
ANTENNA SUPPORT STRUCTUREAny pole, telescoping mast, tower, tripod, or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
CELL SITEA 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.
SATELLITE DISH ANTENNAA structure consisting of three main components [the concave dish, a low-noise amplifier (LNA), and a receiver] that is designed to receive television broadcasts relayed by microwave signals from communications satellites orbiting Earth. Satellite dish antennas serve only the needs of the occupants of a single building or a single development, except when used as a master dish for a cable TV franchise.
TRANSMISSION TOWERS AND/OR ANTENNAS AND ACCESSORY FACILITIESA structure principally intended to transmit or receive broadcast signals [monitoring electromagnetic radiation (NIER)] for either private communications for the users of the site of the source or for use by the general population, on or off site. Accessory facilities include transmitting and other equipment needed to send or receive transmissions but does not include offices, long-term vehicle storage, other outdoor storage or broadcast studios, except for emergency purposes.
See "dwelling types."
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns. Also, a person who has filed an application for zoning,
building, occupancy or any other type of permit, including his/her
heirs, successors, agents, assigns and/or builders or other persons
responsible for the plans and construction of buildings or other improvements
on any parcel of land. (See "developer" and "landowner.")
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including, but not limited to, an application for a building
permit, for the approval of a subdivision plat or plan, or for the
approval of a development plan.
An underground bed or stratum of earth, gravel or porous
stone that contains water.
The exposed ground level portion of an aquifer.
A place of business where three or more coin-operated game
machines are located.
See "lot area."
A building containing a stage and seating for meetings and/or
performances.
Any place of storage and deposit, whether in connection with
another business or not, where two or more unregistered vehicles no
longer intended for legal use on public roads or in agricultural activities
are held, whether for the purpose of resale of used parts therefrom,
for the purpose of reclaiming some or all of the materials therein,
or for the purpose of disposing of the same for any other purpose.
An open area, other than a street, used for the display,
sale or rental of new or used motor vehicles, recreational vehicles,
or boats in operable condition, and where no major repairs are done.
Buildings and land where gasoline and other automobile parts
and supplies are sold at retail and where major automotive repairs
are conducted.
Major repairs include 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; welding and other work involving
noise, glare, fumes and smoke; 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 tailpipes, 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.
State inspection and normal state inspection
repairs.
See "mini-market" as a possible accessory use.
Buildings and land areas where gasoline, oil, grease, batteries,
tires or automobile accessories are supplied and dispensed at retail
direct to the motorist consumer and where minor automotive repairs
and services are conducted. Not a "gasoline filling station."
The dismantling or disassembling of used motor vehicles or
recreational vehicles, or storage, sale or dumping of dismantled,
partially dismantled, obsolete or wrecked vehicles or their parts;
permitted only in the Outdoor Storage and Intensive Commercial/Industrial
District.
Includes savings and loan, finance companies, credit unions
and other similar financial or fiduciary institutions.
A facility or hall that is available for lease by individuals
or groups to accommodate private functions, including banquets, weddings,
anniversaries and other similar celebrations. Such a use may or may
not include:
[Added 8-11-2015 by Ord.
No. 2015-07]
A large farm building generally used to store farm products,
supplies and/or equipment, and frequently containing facilities to
shelter large livestock 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 partially below ground, having 1/2 or more of its
floor-to-ceiling height above the average level of the adjoining ground
and 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." Also,
see "floodplain-related terms."
Any enlargement of a building whether by extending on any
side or by increasing in height; any change in the use or classification
of a main building; or the moving of a building from one location
to another.
A permitted home occupation use that provides overnight guest accommodations including daily breakfast, as regulated by § 500-810, Bed-and-breakfast accommodations, of this chapter. Also known as a "tourist home."
A room in a dwelling of proportions clearly usable on a regular
basis for sleeping, including space for typical bedroom furniture,
and having a window for light, air and emergency escape purposes.
Dens, family rooms, and other rooms which, in the opinion of the Township,
are not suitable for regular use as sleeping rooms shall not be counted
as bedrooms for the purposes of this chapter.
See "off-premises sign."
[Added 4-10-2007 by Ord. No. 2007-04]
An area of land bounded by streets or by a combination of
streets and railroad rights-of-way, waterways or any other physical
barrier to development.
That portion of a block which abuts a single street.
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
to the owner or operator for lodging and/or board by prearrangement,
for generally a week or more at a time. Any person occupying such
room or rooms and paying such compensation, but without prearrangement,
for less than a week, for the purposes of this chapter shall not be
classified as a boarder, roomer or lodger, but as a guest.
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.
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. See Chapter 425, Subdivision and Land Development, for design requirements.
See "riparian buffer."
See "applicant."
Any structure, whether built conventionally or in a manner
generally referred to as mobile, modular or manufactured, having a
roof supported by columns or walls and intended for the shelter, housing
or enclosure of any person, animal, process, equipment, goods or materials
of any kind or nature. (See "structure.")
BUILDING, ACCESSORYA building detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
BUILDING, PRINCIPALA building in which is conducted the principal (main) use of the lot on which it is located.
The aggregate of the maximum horizontal cross-section area
of all buildings on a lot, excluding cornices, eaves and gutters,
but including porches, breezeways and carports.
The ratio obtained by dividing the maximum horizontal cross
section of all principal and accessory buildings on a lot (including
balconies and decks, covered porches, carports and breezeways, but
excluding patios) 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. (See "yard.")
See "height of building."
The person or agency appointed by the Township Supervisors
to administer and enforce the Township Building Code.[1]
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.
For flag, rear or interior lots, the building
line shall be oriented as parallel or concentric to the street from
which access is provided as is feasible and set back from the intervening
property line at least the minimum front yard depth.
Tree trunk diameter.
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.
A tent, recreational vehicle or other camping vehicle meant
to be used on a campsite. A camping unit may include small buildings
specifically constructed for use on a campsite. Such buildings shall
not exceed a footprint of 300 square feet including porches, decks,
etc., and shall be a maximum height of 15 feet at the peak of the
roof measured from the surrounding grade.
[Added 11-10-2009 by Ord. No. 2009-08]
A plot of ground within a campground for the use of a single
camping unit.
[Added 11-10-2009 by Ord. No. 2009-08]
The person responsible for the direct care, protection, supervision
and guidance of children in a day-care setting.
A commercial facility and/or structure(s) used for the purposes
of cleaning the exterior and/or interior surfaces of motor vehicles,
whether self-service or operated by attendants or employees.
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.
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").
Also see "floodplain-related terms."
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 common; may
be publicly or privately owned.
Any facility or structure used or intended to be used for
the treatment, conveyance, processing or disposal of wastewater from
two or more dwelling units or the equivalent flow (800 gallons per
day or more) from nonresidential uses. The facility may be publicly
or privately owned. This definition shall not include facilities used
solely for processing industrial waste or waste delivered to the site
in trucks or trains.
[Added 8-12-2003 by Ord. No. 03-04]
See "place of worship."
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. Also, the area of land
or building owned, leased or occupied by the association, and whose
activities are confined to the members and guests.
An official of the Township appointed in conformance with
the Second Class Township Code[2] to enforce the regulations of the Township.
A motor vehicle licensed by the commonwealth in a class other
than Class I or Class II.
A business which provides a service or sells retail goods
predominantly to business and not to the general public, including
quick-printing, office supply stores, etc.
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.
See "open space, common."
The Upper Perkiomen Valley Regional Comprehensive Plan, and
amendments thereto, including maps, charts and/or descriptive matter
intended to express policies to guide future development of the Township
and region, and including all elements required by the Pennsylvania
Municipalities Planning Code.[3]
[Amended 12-9-2003 by Ord. No. 03-12]
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 designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.[4]
A community association combining individual home ownership
with shared use or ownership of common property and facilities, organized
in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A.
§ 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 undivided interest in the common facilities
in addition to his residence. The association is 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.
See "institutional uses."
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. See also § 500-807, Residential conversions, of this chapter.
The County of Montgomery, Commonwealth of Pennsylvania.
An open, unoccupied space bounded on two or more sides by
the exterior walls of a building or by exterior walls and lot lines.
INNER COURTA court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable.
OUTER COURTA court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
A drain, ditch or conduit, not incorporated in a closed system,
that carries drainage water under a driveway, roadway or paved area.
An amendment to be considered by the Board of Supervisors
as a potential cure for a defect in the zoning ordinance, submitted
under Section 609.1, Procedure for Landowner Curative Amendments,
or Section 609.2, Procedure for Municipal Curative Amendments, of
the Pennsylvania Municipalities Planning Code.[5]
A substantive challenge to the validity of the land use ordinance and/or map, brought before the Zoning Hearing Board for consideration. See § 500-612C of this chapter.
The elevation of the top of a curb at a given point with
a reference to a designated datum.
The outermost edge of a cartway, equivalent to the edge of
paving where curbs are not utilized.
Day-care facilities are defined as follows:
ADULT DAY-CARE FACILITYAdult day-care facilities, as regulated by § 500-822, Day-care facilities, of this chapter, provide care for elderly, infirm and/or handicapped adults and must hold an approved and currently valid certificate or license from the Pennsylvania Department of Aging and comply with the regulations of that department.
CHILDFor the purposes of child day care, a "child" is a person under 16 years of age.
CHILD DAY-CARE FACILITYChild day-care facilities, as regulated by § 500-822, Day-care facilities, of this chapter, shall be further differentiated by the following three classifications:
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 facility is different from "baby-sitting."
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.
DAY-CARE CENTERA 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.
SCHOOL-AGE CARESupervised child care in facilities certified by Pennsylvania’s Department of Public Welfare, during the hours when a child is not required to attend school.
[Added 1-11-2011 by Ord. No. 2010-05]
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 acre of land, as specified
in the zoning districts. This regulates the maximum permitted ratio
of dwelling units to land area. For example, where the minimum lot
size is one acre, the residential density limit is one dwelling unit
per acre.
The distance between the ground surface and the point at
which the underlying bedrock is reached within the soil(s). Shallow
depth to bedrock is an area in which bedrock is located at or near
the ground surface, usually 36 inches or less.
See "stormwater basins."
For the purpose of calculating density per developable acre:
gross acreage of a tract minus legal and ultimate rights-of-way of
existing roads, alluvial soils, floodplains, wetlands, ponds and lakes,
utility company easements and rights-of-way, and slopes of 15% or
greater.
The gross acreage of a tract minus areas in the Floodplain
Conservation Overlay District, areas in the Riparian Corridor Conservation
Overlay District, areas in the Steep Slope Conservation Overlay District,
wetlands, legal rights-of-way of existing streets, utility easements
and right-of-way, areas used for other purposes, and areas legally
restricted from development.
[Added 2-13-2007 by Ord. No. 2007-01]
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development. (See "applicant" and "landowner.")
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, or the
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;
streets, parking facilities, ways; common open space and public facilities.
The phrase "provisions of the development plan" shall mean the written
and graphic materials referred to in this definition.
A hard, densely knit, intrusive rock of igneous origin, which
has a very low porosity, permeability rate, and yield.
See "solid-waste-related terms."
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.
A site used primarily for the disposal by abandonment, dumping,
burial, burning or other means, and for whatever purpose, of garbage,
trash, junk, vehicles or parts thereof, or waste materials of any
kind.
See "dwelling types."
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
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. Specialized types of single-family detached dwelling units are as follows:
LOT LINE HOUSEA single-family detached dwelling on an individual lot, with the building set on one side lot line so that the lot has only one side yard. Typically, no windows are placed on the building wall that is on the lot line. Lot line houses are designed so that the one side yard and the rear yard comprise the primary outdoor living areas for the dwelling.
VILLAGE HOUSEA single-family detached house on an individual small lot, designed and placed to replicate the character of homes in older villages. The small front yard is distinguished by grading, walls, planting, and/or the house's architectural features. Village houses must provide two or more of the following features:
An unenclosed porch at least seven feet deep,
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 at least 18 inches high
at the sidewalk line.
A fence between 30 inches and four feet in height,
enclosing the front yard, plus one flowering shrub per five feet of
house width.
Two canopy trees per lot or three flowering
trees per lot located within the front yard.
One canopy tree and one flowering tree per lot,
plus one flowering shrub per three feet of house width.
A hedge planted across the width of the lot
at the sidewalk line, limited to a mature height of four feet.
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.
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 provided to each unit.
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.
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, row houses, triplexes, quadruplexes, and multiplexes.
Townhouse (row house). 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.
Multiplex. An 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.
MULTIFAMILY BUILDINGA detached residential building containing three or more dwelling units, characterized as follows:
(Reserved)[6]
Units may not be arranged entirely in horizontal
rows (like townhouses), and are generally located 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.
APARTMENTA dwelling unit in a building containing two or more dwelling units having common services or facilities, or both, and served by a common entrance hall.
MOBILE HOMEA single-family detached dwelling intended for permanent occupancy, which 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. It shall be contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation, including any roofed addition such as extra rooms, covered patios, porches, etc. (See also "manufactured home.")
MANUFACTURED or MODULAR HOMEA structure transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; except that, such term shall include any structure which meets all the requirements of this paragraph except size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary (HUD) and complies with the standards established under this title. For mobile homes built prior to June 15, 1976, a label certifying compliance to the Standard for Mobile Homes, NFPA 501, ANSI 119.1, in effect at the time of manufacture is required. For the purposes of these provisions, a mobile home shall be considered a manufactured home.
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 right-of-way or other right granted by a property owner
for the use of a designated part of his/her property for public, quasi-public
or private purposes, including utilities, drainageways and access.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purpose of switching or modifying its characteristics to meet
the needs of the general public, provided that in residential districts
an electric substation shall not include rotating equipment, storage
of materials, trucks, repair facilities, housing of repair crews,
or office or place of business.
A vertical distance above or below a fixed reference level;
or a flat scale drawing of the front, rear or side of a building.
Fire, rescue, ambulance or police station.
A person who is employed or is engaged in gainful activity.
A large, privately owned lot comprising all or part of an
area of open land under the open space standards of this chapter.
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 an 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. A roomer, boarder or lodger shall not be
considered a member of the family.
Notwithstanding the definition in the preceding
subsection, 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 first subsection of this definition.
See "day care."
An area where two or more enterprises sell agricultural,
horticultural and animal husbandry products.
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
preprepared 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. Not a mini-market.
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof. The term "fence"
shall be deemed to include a freestanding wall.
Subject to easy ignition and rapid flaming combustion.
The following terms are defined for the purposes of Article XX, FPC Floodplain Conservation Overlay District:
[Amended 2-9-2016 by Ord.
No. 2016-02]
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 unusual and rapid accumulation of surface waters from any source.
FLOODWAYThe channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
|
All other floodplain-related terms shall be as defined in Chapter 240, entitled "Floodplain Management."
|
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 gross floor area of all buildings on a lot divided by
the gross lot area.
The length of the lot line abutting a street right-of-way.
PRIVATEAn accessory building or part of a principal building used for the storage of motor vehicles owned or used by the owner or tenant of the premises.
PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial parking.
STORAGEA building, not a mini warehouse or self-storage commercial facility, nor a private or public garage, one story in height, used solely for the storage of personal items or motor vehicles and not for the servicing of vehicles nor the sale of fuel, accessories or supplies.
Any area of land, including structures thereon or any building
or part thereof, that is used for the sale of gasoline or other vehicle
fuel or accessories and which does not include facilities for lubricating,
washing or otherwise servicing motor vehicles nor shall include painting
or body and fender repairs.
See "auto service station" and "automotive repair, minor."
Municipal, county, state or federal government buildings
or facilities designed and intended to be occupied by the government
or designed and intended for public use sponsored by such governments.
The elevation of finished ground or paving; the slope of
a street, parcel of land, utility lines, drainageways, etc., specified
in percent and shown on development plans.
A linear open space associated with a natural corridor, such
as a riverfront, stream valley, and a ridgeline, or along a built
feature, such as a railroad right-of-way, a canal, and a scenic roadway.
A greenway connects unique natural, historic, scenic and recreation
areas by means of a natural or landscaped corridor.
The total acreage of a property, tract, lot or parcel proposed
for subdivision or land development, including lands within the existing
street rights-of-way, floodplains, wetlands and steep slopes.
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 "day care."
A residence in which unrelated minors or adults suffering
from mental, physical or behavioral impairments reside together along
with their caregivers. Caregivers provide assistance with basic functions
such as hygiene and grooming, ambulation, assistance with tasks, emotional
support, and generally looking out for the well-being and safety of
the residents. The group home is not a medical facility and a resident
requiring medical assistance shall be taken to an appropriate doctor's
office, hospital, or other facility for care that would not ordinarily
be provided in a residential setting.
[Amended 1-8-2019 by Ord.
No. 2019-01]
See "solid-waste-related-terms."
A building where indoor exercise equipment and facilities
are provided for members and guests.
A public or private facility principally engaged in providing
services for health maintenance, diagnosis or treatment of human disease,
pain, injury, deformity or physical condition. These include 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,
and personal care boardinghome, as regulated under the various zoning
districts herein. 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; outpatient care facilities; blood banks; and oxygen
and miscellaneous types of medical supplies and services. (Also see
"medical office building.")
For all purposes other than airport zoning, the vertical
distance measured from the average elevation of the existing grade
at the location of the building to the highest point of the roof,
as further defined below:
Flat or multi-level roof: highest point measurable.
Mansard: deckline.
Gable, hip or gambrel roofs: mean height between
the eaves and ridge.
Specialized structures not intended for human occupancy shall be subject to the requirements of § 500-826D(1), Height of satellite dishes, antennas and cellular communications towers, and/or § 500-832, Height of other structures (chimneys, steeples, water towers), as appropriate.
The vertical distance measured from ground level to the highest
point on the sign or its supporting structures.
A helicopter landing area (sometimes known as a "helistop")
licensed by the Pennsylvania Department of Transportation (PennDOT)
for the purpose of picking up 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 landing area for helicopters which includes facilities
for fueling, repair and storage of helicopters and which is licensed
by the PennDOT.
The point at which vehicular traffic enters or exits a public
right-of-way from an abutting land use.
Any structure that is:
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
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 the Interior; or
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 § 500-809, Home occupation, of this chapter. Specifically excluded from this definition is any service or business related to automotive sales, rental, service, repair or storage.
A community association combining individual home ownership
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 providing 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. Parking lot(s) are to be convenient to the main building
entrance(s).
Those housing units designed for and intended for occupancy
exclusively by those persons over the age of 62. Such units include,
but are not limited to, those projects developed under applicable
federal and/or state housing assistance programs. Such housing units
shall contain appropriate safety features pertinent to the needs of
their residents and recreational and other community facilities as
an integral part of their development concept.
Coverage of the site by materials which cannot be penetrated
by water and which therefore results in a stormwater runoff of 100%.
Included are all buildings and all forms of paving used for roads,
driveways, parking and loading areas, walks, courts, patios, and other
areas that may be so deemed by the Township Engineer.
The physical additions, installations 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 mining, construction,
manufacturing, transportation, communication, utility services, and
wholesale trade.
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."
A new building proposed to be constructed on a vacant site
or lot in an otherwise predominantly built-up area.
[Added 4-8-2008 by Ord. No. 2008-03]
Those uses listed and regulated in Article XXVI, Institutional Use Regulations, of this chapter. These include the following specific uses:
CONTINUING CAREThe furnishing to an individual, other than an individual related by consanguinity or affinity to the person furnishing such care, of board and lodging together with nursing services, medical services or other health-related services, regardless of whether or not the lodging and services are provided at the same location and pursuant to an agreement effective for the life of the individual or for a period in excess of one year, including mutually terminable contracts and in consideration of the payment of an entrance fee with or without other periodic charges. (40 P.S. § 3202)
NURSING HOMEAny premises operated for profit 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 and not in need of hospitalization, but who because of age, illness, disease, injury, convalescence or physical infirmity need such care. (62 P.S. § 1001)
PERSONAL CARE HOMEAny 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, who do not require the services in or of a licensed long-term care facility but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. (62 P.S. § 1001)
See "lot, flag."
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, and
for the purposes of this section, the term shall include refuse, rubbish,
garbage and debris whether salvable or not and made of any or all
materials. It shall not include, however, refuse or garbage kept in
proper containers for the purpose of prompt disposal.
A permit granted to a person or company who accumulates,
stores or disposes of scrap, junk or used motor parts.
Any structure or premises in which dogs or cats are groomed,
bred, boarded, trained or sold for any purpose or reason other than
the keeping of small domestic animals for personal nonprofit use as
an accessory use under the Zoning Ordinance. Any manner of payment
or remuneration associated with the keeping, training, grooming, boarding
or transfer of ownership of the animals shall create a presumption
that the structure or premises is a kennel and is not the personal
accessory keeping of small domestic animals.
[Amended 5-8-2018 by Ord.
No. 2018-02]
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; or
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. (See "applicant"
and "developer.")
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, built
upon, leased, and/or transferred as a unit, for which a deed description
is recorded or is intended to be recorded at the Office of the Recorder
of Deeds for Montgomery County.
The horizontal land area of a lot, further defined as follows:
LOT AREA, GROSSCalculated total horizontal land area contained within the deeded boundaries of a lot. The gross lot area is applicable in determining whether or not a parcel of land contains sufficient land area when referred to as minimum tract size.
LOT AREA, NET
[Amended 11-12-2002 by Ord. No. 02-16; 6-8-2004 by Ord. No. 2004-06]
LOT AREA, BUILDABLENet lot area contained by the building line, minus the area of any land in a floodplain conservation district, in a steep slope conservation district, or in a wetlands area.
LOT AREA, DEVELOPABLESee “developable lot area.”
[Added 6-10-2008 by Ord. No. 2008-04]
A lot having contiguous frontage on two or more intersecting
roads.
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" 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.
See "dwelling types."
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 between the ultimate
right-of-way of one of the streets and the lot line opposite that
ultimate right-of-way.
See "auto repair, major."
See "dwelling types."
The process or operation of making wares or products from
raw materials by hand or by the use of machine(s).
A building used exclusively by medical practitioners for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
See "club."
A small grocery store with sales of packaged foods, beverages,
tobacco and similar convenience goods, provision of road maps and
other informational material to customers. A mini-market may be incorporated
as an accessory use for a gasoline filling station and auto service
station. Examples include 7-11, WaWa, Turkey Hill, and Atlantic AM/PM.
See "dwelling types."
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
for the placement thereon of mobile homes in compliance with the applicable
zoning requirements.
See "dwelling types."
An establishment providing transient accommodations, containing
more than five rental rooms or suites, which generally has the following
characteristics:
A self-powered recreational vehicle used to provide transient
living facilities.
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.
See "dwelling types."
See "dwelling types."
See "solid-waste-related terms."
A component of a landscape existing or maintained as part
of the natural environment and having ecological value in contributing
beneficially to, among other things, air and water quality, erosion
control, groundwater recharge, noise abatement, visual amenities,
growth of wildlife, human recreation, reduction of climatic stress
and energy costs.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements:
[Added 4-14-2009 by Ord. No. 2009-01]
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
The business shall employ no employees other
than family members residing in the dwelling.
There shall be no display or sale of retail
goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment
or process which creates noise, vibration, glare, fumes, odors or
electrical or electronic interference, including interference with
radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid
waste or sewage discharge, in volume or type, which is not normally
associated with residential use in the neighborhood.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
The business may not involve any illegal activity.
See Article VII, Nonconformance, herein.
The raising of trees (for transplanting), ornamentals, shrubs,
flowers or houseplants for wholesale commercial purposes, performed
under the home occupation requirements of this chapter, and where
only a limited amount of wholesale customers and their business vehicles
frequent the premises. See also "orchard."
The raising and/or retail sale of trees, ornamentals, shrubs,
flowers, houseplants, insecticides, fertilizers, and other horticulturally
related items for commercial purposes.
See "institutional uses."
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government, and generally
furnished with desks, tables, files and communications equipment.
A building used primarily for office purposes, which may
contain ancillary services such as a restaurant, coffee shop, newsstand,
banking facility, or day care when permitted by the zoning district
in which it is located.
Public or private lands and/or water designated for the use
and enjoyment of Township residents and/or the general public, incorporating
natural features such as woodland, water bodies or meadows, and including
Township parks, trails and other recreational facilities, but not
including streets, street rights-of-way, off-street parking areas,
and areas set aside for public facilities. Also includes common open
space, as defined herein, and other private lands which are available
for the use of Township residents through access easements or other
written agreements. 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, street rights-of-way, 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.
The Upper Hanover Township Open Space and Environmental Resource
Protection Plan Update (2006) adopted in 2006 or any successor plan
thereto. It may also be referred to as the ”open space plan."
[Amended 2-13-2007 by Ord. No. 2007-01]
An agricultural use, involving the raising and keeping of
tree crops for any commercial purpose, including a Christmas tree
farm.
Any improved outdoor area extending from or attached to a
dwelling unit and designed for the exclusive use of the residents
of that dwelling unit, including balconies, patios, porches or similar
areas, but not including structures such as porticos which simply
provide sheltered access to a dwelling unit.
Any equipment, device or apparatus which is installed, affixed
or situated outdoors, and not situate within a building intended for
habitation by humans or domestic animals, which is used for the primary
purpose of combustion of fuel to produce heat for energy as a heating
system, or component thereof, which provides heat or hot water to
the principal structure, to a structure used for human or animal habitation,
or to any accessory uses or structures, including, but not limited
to, greenhouses, conservatories and swimming pools. These furnaces
are also referred to as outdoor wood-fired boilers, outdoor hydronic
heaters, outdoor solid-fuel-burning appliances, outdoor solid-fuel-burning
equipment, outdoor wood-burning furnaces, outdoor furnaces and the
like.
[Added 10-13-2009 by Ord. No. 2009-03]
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. Pad site uses are generally
characterized by a need for nearby parking, rapid customer turnover,
and vehicular service bays or drive-through services.
[Added 1-11-2011 by Ord. No. 2010-05]
A pseudo-war game in which participants compete by shooting
paint-filled balls at the opposition, whether done for commercial
or noncommercial purposes.
Any area which is predominantly open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
PARKING CAPACITYThe number of standard parking spaces required per unit of building floor area, unit of land area, number of employees, number of seats, or number of dwelling units, as required by Article IX, Off-Street Parking, of this chapter for specific land uses.
PARKING FACILITIESOutdoor areas or specially designed buildings or garages used for the parking of vehicles. The outdoor storage areas associated with self-service storage facilities are excluded from this definition.
[Amended 9-13-2005 by Ord. No. 2005-10]
PARKING SPACEAn open or covered area with a dust-free, all-weather surface suitable for the storage of one automobile, accessible via a driveway.
RESERVE PARKINGParking capacity required by zoning that is not constructed as part of the initial development of parking facilities. Suitable area is reserved for construction of the reserve parking capacity in the event that it is needed eventually.
SHARED PARKINGJoint use of a parking facility for more than one use, often allowing a reduction of the total number of parking spaces that would be required by calculating parking capacity for each use individually.
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form as a liquid or solid.
An area or courtyard which is not covered by a roof or permanent
awning and is designed for outdoor living purposes as an accessory
use to a structure. A patio with footers, for purposes of this chapter,
shall be considered a structure which complies with all applicable
yard requirements in this chapter.
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."[7]
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[8] 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 the Zoning Ordinance; or issued in approval of reoccupancy, a new use, or a change in use of buildings or land, indicating compliance with the Zoning Ordinance. Informally known as a "zoning permit."
See "institutional uses."
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 Hanover Township Planning Commission.
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 governing
body, planning commission or other municipal 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."[9] ("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 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.
A company regulated by the Pennsylvania Public Utility Commission.
Cellular communications companies and other companies not defined
as a public utility by the Pennsylvania Public Utility Commission
or other Pennsylvania laws shall not be considered a public utility.
[Added 11-14-2000 by Ord. No. 00-4]
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio or cellular telephone, 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, or housing of repair crews.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
[Added 11-14-2000 by Ord. No. 00-4]
See "lot, flag."
The following definitions apply to recreation areas and facilities
as governed by this chapter:
TOT-LOTA confined, developed, neighborhood or park play area primarily for use by preschool children under the supervision of parents or guardian.
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.
PLAY FIELDA 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.
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 quiet, individual or small group activity, ranging from sitting areas through hiking/biking trails, and may include a variety of activities such as fishing, bird-watching, picnicking, and sunbathing.
A vehicle which is built on a single chassis, is 400 square
feet or less when measured at the largest horizontal projection, is
designed to be permanently self-propelled or permanently towable by
a light-duty truck, and is designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel or seasonal use.
For the purposes of this chapter, 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. For example, where the minimum lot
size is one acre, the residential density limit is one dwelling unit
per acre.
See "stormwater basins."
Lotting which extends 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.
Areas of trees and other native vegetation surrounding municipally
designated surface water bodies, including creeks, lakes, intermittent
watercourses and wetlands, which 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.
A home occupation use of a single-family detached dwelling
in which rental rooms are provided for not more than six nontransient
persons.
See "dwelling types."
See "solid-waste-related terms."
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-configured and is in the shape of a shallow dish,
cone, 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 meant to include but not
be limited to what are commonly referred to as satellite earth stations,
TVROs (television reception only) and microwave antennas.[10]
An area of soil(s) in which the subsurface water table is
located at or near the ground surface at certain times of the year.
A building or group of buildings and land use that have been
compartmentalized to contain relatively small, individual, self-contained
storage spaces of varying sizes leased or rented as individual leases.
[Amended 9-13-2005 by Ord. No. 2005-10]
A line established within a lot, measured from a right-of-way
or lot line or other line or feature as may be specified, defining
the minimum distance from that line or feature, in which specified
types of improvements may not be located.
[Added 12-13-2005 by Ord. No. 2005-13]
The official of the Montgomery County Health Department who reviews permit applications, issues permits, and conducts such investigations and inspections as are necessary to implement Act 537 (the Sewage Facilities Act), Chapter 71 and Chapter 73 of the Pennsylvania Code, Title 25. Also known as SEO.
A sewage disposal system in compliance with all state and
local regulations, approved by the Pennsylvania Department of Environmental
Protection and 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
on-site parking and controlled, common vehicular and pedestrian access.
The following terms are defined for the purposes of Article X, Signs.
[Amended 1-11-2011 by Ord. No. 2010-05; 2-11-2020 by Ord. No. 2020-01]
SIGNAny 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, place, activity, event or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images, regardless of whether it is permanent or temporary, but excluding displays or images which are decorative only. Sign types and sign-related terms are further defined in Article X herein.
BEACON LIGHTAny light with one or more beams capable of being focused in several directions and rotated or revolved automatically.
BUILDING FACADESA portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and the entire width of the building elevation.
BUILDING FRONTAGEFor calculating maximum total sign area, building frontage is defined as the maximum horizontal dimension measured along the wall of the building, excluding eaves, overhangs, buttresses, and other nonoccupiable building extensions. The principal approach to a building shall be that side which contains the main entrance doors. For corner lots, the additional sign area shall be calculated along the side of the building which faces the second street.
BACKGROUND AREA OF A SIGNThe entire background area of a sign upon which copy could be placed. In computing the area of a sign background, only that face or faces which can be seen from any one direction at one time will be counted.
CHANGE INTERVALThe time period in which the display of an electronic display sign must remain static and during which the display may not transition to display another advertisement.
FESTOON LIGHTINGA directly illuminated sign composed of either a group of incandescent bulbs hung or strung overhead or on building structures or light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.
ILLUMINATED SIGNSA sign in which a source of light is used in order to make the message readable. This definition shall include internally and externally lighted signs.
DIRECT SIGN ILLUMINATIONA sign designed to give forth artificial light directly or through transparent or translucent material from a source of light within the sign, including, but not limited to, neon and exposed lamp signs.
FLASHING SIGNAn illuminated sign on which the artificial light is not maintained stationary and constant in intensity and/or color at all times when in use.
INDIRECT SIGN ILLUMINATIONA sign illuminated with a light so shielded that no direct rays therefrom are visible elsewhere on the lot where said illumination occurs. If such shielding device is defective, such sign shall be deemed to be a "directly illuminated sign."
MESSAGE SEQUENCINGA single message or advertisement for a product, event, commodity, or service that is divided into segments and presented over two or more successive display phases of a sign, or across two or more individual signs.
ROOFLINEThe juncture of the roof and the perimeter wall of the structure.
The area of a sign shall mean the area of all
lettering, wording and accompanying designs and symbols, together
with the background on which they are displayed (whether such background
is open or enclosed), but excluding any supporting framework and bracing
which are solely incidental to the display itself, provided the same
do not contain any lettering, wording or symbols.
Where the sign consists of individual letters,
designs or symbols attached to a building, awning, wall or window,
the area shall be that of the smallest rectangle which encompasses
all of the letters, designs and symbols.
Where a sign consists of an identical double-face,
only one side shall be considered in the calculation of area, but
if the interior angle formed by the two faces is greater than 45°,
then both sides of the sign shall be considered in the calculation
of area.
SIGN HEIGHTThe distance from the highest portion of the sign to the mean grade at the base of sign.
SIGN STRUCTUREAny structure which supports or is capable of supporting a sign, whether or not an integral part of a building.
ANIMATED SIGNA sign with action or motion, flashing, or color changes requiring electrical energy, but not including wind-actuated elements such as flags, banners or novelty items.
AWNING SIGNA sign painted on, printed on, or attached flat against the surface of an awning.
BLADE SIGNA sign projecting perpendicularly from the building facade or, if at a building corner, at an angle of 135°, visible from both sides, and made of rigid or soft materials.
BUSINESS SIGNAn on-premises sign which advertises or otherwise directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted other than incidentally.
CONSTRUCTION SIGNAny sign giving the name or names of principal contractors, architects and lending institutions responsible for construction on the site where the sign is placed.
DIRECTIONAL SIGNIncidental sign designed to guide or direct pedestrians or vehicular traffic.
DIRECTORY SIGNA sign on which the names and location of the occupants or the use of a building is given, including office building and church directories.
ELECTRONIC DISPLAY SIGNA sign and/or billboard capable of displaying text, graphics, symbols, or images that can be electronically changed by remote or automatic means; or with content that may be changed by electronic process through the use of light or lights, including, but not limited to, light-emitting diodes (LED), liquid crystal display and plasma image display. Generally, a sign is on the site of the business or facility that erected it, while a billboard displays advertisements for goods and services available at locations other than where the billboard is located, also referred to as an "off-premises sign."
FREESTANDING SIGNA self-supporting sign resting on or supported by means of poles or standards, either on the ground or on the roof of a building.
MONUMENT SIGNAny sign that incorporates a decorative base, often of stone or masonry, placed upon or supported by the ground. Monument signs may not include support posts or other column-like structures to raise the bottom of the sign above the grade surrounding the sign. Typically such signs are accented with landscaping, lighting, and other features to integrate the sign into the landscape.
OFF-PREMISES SIGNA sign which advertises or otherwise directs attention to an activity not on the same lot where the sign is located.
ON-PREMISES SIGNA sign which advertises or otherwise directs attention to an activity on the same lot where the sign is located.
PARALLEL SIGN or PARALLEL WALL SIGNA sign mounted parallel to a wall or other vertical building surface but does not extend beyond the edge of any wall, roofline or other surface to which it is mounted, and does not project more than one foot from the surface to which it is mounted.
PORTABLE SIGNAny sign that is not permanently affixed to a building, permanent post, or other structure.
PROJECTING WALL SIGNAny sign mounted to a wall or other vertical surface other than a parallel sign, but does not project more than four feet from the surface to which it is mounted, nor project above the wall, roofline or surface to which it is mounted, nor in any way interfere with normal pedestrian or vehicular traffic.
REAL ESTATE SIGNAny sign which is used to offer for sale, lease or rent the property on which the sign is placed.
REVOLVING SIGNA sign which revolves on a central axis.
ROOF SIGNA sign erected upon or above a roof or parapet wall of a building and which is wholly or partly supported by that building.
TEMPORARY SIGNA sign which advertises community or civic projects, construction projects, real estate for sale or lease, or other special events on a temporary basis.
TRAILER SIGNAny sign which is erected upon a structure having wheels or rollers, facilitating movement from one location to another.
VEHICULAR SIGNAny vehicle to which a sign is affixed in such a manner that the carrying of the sign is no longer incidental to the vehicle's purpose but becomes a primary purpose in itself. An example is an empty tractor trailer with advertising painted on its side, left for an extended period of time in front of the business premises that is advertised on the trailer.
WINDOW SIGNAny sign affixed to or visible through a window.
TRANSITION INTERVALThe time period in which the display of an electronic display sign transitions to another display.
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.
See "dwelling types."
See "dwelling types."
See "dwelling types."
The parcel or parcels of land intended to be subdivided into
one or more lots.
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture,
as amended.[11]
An alternative energy system that consists of one or more
ground-mounted, freestanding, or building-mounted solar collection
devices and solar energy related equipment and other associated infrastructure
with the primary intention of generating electricity or otherwise
converting solar energy to a different form of energy to reduce on-site
consumption of purchased power, when a property upon which the system
is installed also receives electricity supplied by a utility company,
excess electricity generated and not presently needed for on-site
use may be used off-site by a utility company.
[Added 3-12-2019 by Ord.
No. 2019-04]
The following terms are defined for the purposes of Article XXI, Solid Waste Disposal and Recycling Regulations.
AFFECTED LANDSLand affected during the lifetime of operations, including areas where disposal, storage, transfer, processing or composting actually occurs; support facilities; borrow areas; offices; equipment sheds; air and water pollution control and treatment systems; access roads; associated on-site or contiguous collection, transportation and storage facilities; closure and post-closure care and maintenance activities; and other activities in which the natural land surface has been disturbed as a result of or incidental to the operation of the facility.
APPLICANTFor the purposes of this article, the terms "applicant" and "operator" shall be synonymous and shall mean those individuals, authorities, private firms, or others who are responsible for making application(s) to the Board of Supervisors and for operating the solid waste disposal facilities.
COMPOSTINGThe process by which organic solid waste is biologically decomposed under controlled anaerobic or aerobic conditions to yield a humus-like product.
COMPOSTING FACILITYA facility using land for processing of municipal waste by composting. The term includes "affected lands," as defined herein. The term does not include a facility for composting residential municipal waste that is located at the site where the waste was generated.
LEAF-COMPOSTING FACILITYA composting facility for vegetative material, including leaves, garden residue, and clipped shrubbery and tree trimmings collected off site. The term does not include a facility that is used entirely or partly for composting grass clippings.
GENERAL COMPOSTING FACILITYA composting facility other than a leaf-composting facility.
DISPOSALThe deposition, injection, dumping, spilling, leaking or placing of solid waste into or on the land or water in a manner that the solid waste or a constituent of the solid waste enters the environment, is emitted into the air, or is discharged to the waters of the commonwealth.
INCINERATORAn enclosed device using controlled combustion for the primary purpose of thermally breaking down solid waste.
MUNICIPAL WASTE LANDFILLAny facility that is designed, operated or maintained for the disposal of municipal waste, whether or not such facility possesses a permit from the Department of Environmental Protection under the Solid Waste Management Act. The term includes "affected lands," as defined herein.
OPERATORA person or persons engaged in solid waste processing or disposal.
PROCESSINGAny technology used for the purpose of reducing the volume or bulk of municipal or residual waste or any technology used to convert part or all such waste materials for off-site reuse. Processing facilities include, but are not limited to, transfer facilities, composing facilities, and resource-recovery facilities.
RECYCLINGThe collection, separation, recovery and sale or reuse of metals, glass, paper, leaf waste, plastics and other materials which would otherwise be disposed or processed as municipal waste, or the mechanized separation and treatment of municipal waste (other than through combustion) and creation and recovery of reusable materials other than a fuel for the generation of energy.
RECYCLING FACILITYA facility employing a technology that is a process that separates or classifies municipal waste and creates or recovers reusable materials that can be sold to or reused by a manufacturer as a substitute or supplement to virgin raw materials. The term includes "affected lands," as defined herein. The term shall not mean transfer stations or landfills for solid waste nor composting facilities or resource-recovery facilities.
COMMUNITY DROPOFF CENTERA recycling facility for the collection, sorting and short-term storage of source-separated recyclable materials that handles less than 250 tons per year of those materials.
INTERMEDIATE PROCESSING CENTERA facility for the assembly, sorting and/or short-term storage of more than 250 tons per year of source-separated recyclable materials and any amount of salvaged material, generally in preparation for transfer to a materials processing center or primary user of those materials. Includes junkyard.
MATERIALS PROCESSING CENTERAn industrial operation that converts recyclable materials into a form suitable for use as a raw material.
RESOURCE-RECOVERY FACILITYA processing facility that provides for the extraction and utilization of materials or energy from municipal waste that is generated off site, including a facility that mechanically extracts materials from municipal waste, a combustion facility that converts the organic fraction of municipal waste to usable energy, and any chemical and biological process that converts municipal waste into a fuel product. The term includes any facility for the combustion of municipal waste that is generated off site, whether or not the facility is operated to recover energy. The term includes "affected lands," as defined herein. The term does not include:
SALVAGINGThe controlled removal or recycling of material from a solid waste processing or disposal facility.
SOLID WASTE MANAGEMENT ACTThe act of July 7, 1980 (P.L. 380, No. 97), as amended.[12]
SOURCE-SEPARATED RECYCLABLE MATERIALSMaterials that are separated from municipal waste at the point of origin for the purpose of recycling.
TRANSFER FACILITYA facility which receives and temporarily stores solid waste at a location other than the generation site and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. The term includes "affected lands," as defined herein. The term does not include portable storage containers used for the collection of municipal waste.
WASTEA material whose original purpose has been completed and which is directed to a disposal or processing facility or is otherwise disposed. This term does not include source-separated recyclable materials. Waste is further classified as follows, in accordance with the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) and the Solid Waste Management Act (Act 97):[13]
AGRICULTURAL WASTEPoultry and livestock manure, or residual materials in liquid or solid form generated in the production and marketing of poultry, livestock, fur-bearing animals and their products, if the agricultural waste is not hazardous. The term includes the residual materials generated in producing, harvesting and marketing of agronomic, horticultural and silvicultural crops or commodities grown on the premises of a farm operation.
CONSTRUCTION/DEMOLITION WASTESolid waste resulting from the construction or demolition of buildings and other structures, including wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include clean fill separated from other waste.
CLEAN FILLUncontaminated, non-water-soluble, nondecomposable inert solid material used to level an area or bring the area to grade. Includes uncontaminated soil, rock, gravel, brick, block and concrete, as well as waste from clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.
HAZARDOUS WASTEMunicipal or agricultural waste which, because of its quantity, concentration, physical, chemical, or infectious characteristics, may:
Cause or significantly contribute to an increase
in mortality or an increase in morbidity in either an individual or
the total population.
Pose a substantial present or potential hazard
to human health or the environment when improperly treated, stored,
transported, disposed of, or otherwise managed.
The term does not include sources subject to
permits under Section 402 of the Federal Water Pollution Control Act,
as amended; or source, special nuclear or by-product material, as
defined by the U.S. Atomic Energy Act of 1954, as amended.
MUNICIPAL WASTEGarbage, refuse, industrial lunchroom or office waste, or other material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities; and sludge not meeting the definitions of residual or hazardous waste from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant, or air pollution control facility.
RESIDUAL WASTEGarbage, refuse or other discarded material or waste, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, mining, agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility, or air pollution control facility, provided that it is not hazardous.
SOLID WASTEWaste including municipal, residual or hazardous wastes.
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.
Includes hunting, fishing, and athletic clubs and camps;
excludes paintball and similar pseudo-war games.
See Article XXV, SS Steep Slope Conservation Overlay District, herein.
Facilities designed, constructed or modified to impound stormwater
runoff.
DETENTION BASINA basin that temporarily impounds stormwater runoff to be released at controlled rates.
RETENTION BASINA basin that retains a specified amount of water to be released only through evaporation or infiltration.
Water from rainfall or melting snow in a watershed in excess
of the natural absorbency of that watershed, which flows over the
ground surface to collect in streams and channels.
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 the floor and ceiling
next above it, and including those basements used for the principal
use.
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 purposes are defined as follows:
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. Ultimate rights-of-way are identified in Table A of Article IV, Design Standards, of Chapter 425, Subdivision and Land Development. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Township.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in Chapter 425, Subdivision and Land Development.[14]
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. The term
"structure" shall include but not be limited to signs, fences, walls,
poles, towers, swimming pools, porches, garages, and similar objects.
Although in common parlance a building is a type of structure, the
Zoning Ordinance regulates structures and buildings separately except
where expressly regulated together, and generally recognizes that
buildings are habitable while structures are not. "Structure" shall
be interpreted as including the words "or part thereof."
[Amended 8-8-2023 by Ord. No. 2023-02]
STRUCTURE, ACCESSORYA structure detached from a principal building or structure on the same lot and customarily incidental and subordinate to the principal building or use.
STRUCTURE, PRINCIPALA structure which is the principal (main) use of the lot on which it is located. For example, billboard, radio tower, water tower.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines 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.
MAJOR SUBDIVISIONAll subdivisions not classified as minor subdivisions, including but not limited to subdivisions of four or more lots, or any size subdivision requiring any new street or extension of the municipal facilities or the creation of public improvements.
MINOR SUBDIVISIONAny subdivision containing not more than three lots fronting on an existing street, not involving any new street or road or the extension of municipal facilities or the creation of public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, Zoning Ordinance or other pertinent regulations.
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 Hanover Township.
Also known as "the Board of Supervisors."
An area containing a swimming pool which is used by the public
or by members for a fee.
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 in which alcoholic beverages are served,
primarily by the drink and where food or packaged beer may also be
served or sold. These establishments are also known as "bars."
[Added 1-11-2011 by Ord. No. 2010-05]
A small cafe serving tea and light refreshments.
[Added 1-11-2011 by Ord. No. 2010-05]
A structure which is not designed to last or to be used for
a specific use for more than one year.
See "bed-and-breakfast."
See "dwelling types."
An industrial land use that permits storage, maintenance
and repair of vehicle fleets, including cars, trucks and/or buses.
A recreational vehicle requiring a separate power source
for pulling, which may include living, sleeping, eating and sanitary
facilities, but which is designed for vacation travel and not for
long-term or permanent occupancy.
See "dwelling types."
See "dwelling types."
A plan showing the concept of all roads, neighborhoods, lots
and open space areas as the applicant intends them to be when the
tract is ultimately developed to its fullest extent 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 front
lot line and street line.
A commercial use for the sale and/or rental of used cars,
trucks and/or recreational vehicles, which has only outdoor display
areas, a small building for office purposes. See also "vehicle display
area."
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 requirement 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.
See "animal hospital."
See "dwelling types."
A barrier whose purpose is to obscure a view, generally comprised
of plant materials suitable for the purpose.
See "self-service storage facilities."
A building or group of buildings primarily used for the commercial
storage, transfer and distribution of products and materials.
See solid-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 natural or man-made area containing and retaining water
year round, such as a pond or lake.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales and rivers.
Those areas that are inundated and 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; includes
swamps, marshes, bogs, and similar areas. Identification of wetlands
should be based upon the "Federal Manual for Identifying and Delineating
Wetlands," an interagency publication of the Corps of Engineers, Environmental
Protection Agency, Fish and Wildlife Service, and Soil Conservation
Service, dated January 1989.
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.
A conversion system consisting of a wind turbine, a tower
or mast, and associated control or conversion electronics all intended
to produce electrical power from wind, primarily for use on the property
on which it is generated. For the purposes of this chapter, "private
noncommercial windmill" includes but is not limited to the term "windmill."
Private noncommercial windmills are also referred to as wind energy
systems, wind turbines, wind energy conversion systems, wind generators
and the like.
[Added 10-13-2009 by Ord. No. 2009-03]
For the purposes of the regulations found in § 500-833, Wireless communications antennas, the following definitions shall apply:
[Added 11-14-2000 by Ord. No. 00-4]
COMMUNICATIONS ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including without limitation ham or citizen band radio antennas. Also referred to as "wireless communications antenna" and may be known as "cellular communications antenna."
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building, building addition, or cabinet containing communications equipment required for the operation of communications antennas. Also referred to as "equipment building."
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, a self-supporting tower or a guyed tower, designed and used to support communications antennas. Also referred to as a "tower."
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 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.
(See "building envelope.") A yard is measured at right angles from
the right-of-way or lot line to the nearest building wall. 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. For flag, rear or interior lots, the front yard shall be oriented as parallel or concentric to the street from which access is provided as is feasible, along the intervening property 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 person or agency appointed by the Board of Supervisors
to administer and enforce the provisions of the Zoning Ordinance.
The term "Zoning Officer" shall also include any duly appointed staff
or assistants.
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Illustration of Selected Zoning Ordinance
Definitions
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[2]
Editor's Note: See 53 P.S. § 65101
et seq.
[3]
Editor's Note: See 53 P.S. § 10301
et seq.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[5]
Editor's Note: See 53 P.S. §§ 10609.1
and 10609.2, respectively.
[6]
Editor's Note: Former Subsection D(1), which specified that
not more than six dwelling units be located at ground level, was repealed 7-12-2022 by Ord. No. 2022-03.
[7]
Editor's Note: See 53 P.S. § 10101
et seq.
[9]
Editor's Note: The Sunshine Act, 65 P.S. §
271 et seq., 1986, July 3, P.L. 388, No. 84, was repealed 10-15-1998
by P.L. 729, No. 93; see now 65 Pa.C.S.A. § 701 et seq.
[10]
Editor's Note: The former definition of "satellite use," which
immediately followed this definition, was repealed 1-11-2011 by Ord.
No. 2010-05.
[11]
Editor's Note: Now the USDA Natural Resources
Conservation Service.
[12]
Editor's Note: See 35 P.S. § 6018.101
et seq.
[13]
Editor's Note: See 53 P.S. § 4000.101
et seq., and 35 P.S. § 6018.101 et seq., respectively.
