For purposes of this chapter, certain words shall be interpreted as follows:
Words used in the present tense include the future.
The singular number includes the plural, and the plural includes the singular.
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
The word "person" includes an individual, corporation, partnership, incorporated association, and/or any other similar entity.
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.
The word "building" shall always be construed as if followed by the words "or part thereof."
The word "may" is permissive, and the words "shall" and "will" are always mandatory.
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.
- ACCESS DRIVE
- A privately owned, constructed and maintained vehicular access from a public or private right-of-way to off-street parking or loading spaces.
- ACCESS STRIP
- 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.
- ACCESSORY STRUCTURE OR BUILDING
- See "building."
- ACCESSORY USE
- A use on the same lot and customarily incidental and subordinate to the principal building or use.
- An extension or increase in floor area or height of a building or structure.
- ADULT USE
- 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.
- AIRPORT-ZONING-RELATED TERMS
- The following terms are defined solely for the purposes of Article XXII, AZ Airport Zoning District.
- C. 500-2202 of this chapter. In plan, the perimeter of the approach surface coincides with the perimeter of the approach zone.
- O. 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.
- 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.
- ANCILLARY 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.
- ANIMAL HOSPITAL
- 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.
- ANIMAL HUSBANDRY
- 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.
- ANTENNA-RELATED TERMS
- For the purposes of the antenna regulations found in § 500-826 of this chapter, the following definitions shall apply:
- 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.")
- APPLICATION FOR DEVELOPMENT
- 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.
- AQUIFER RECHARGE AREA
- 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.
- AUTO GRAVEYARD
- 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.
- AUTO, RECREATIONAL VEHICLE OR BOAT SALES AREA
- 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.
- AUTO REPAIR GARAGE
- Buildings and land where gasoline and other automobile parts and supplies are sold at retail and where major automotive repairs are conducted.
- AUTOMOTIVE REPAIR, MAJOR
- 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.
- AUTOMOTIVE REPAIR, MINOR
- A. Sale and servicing of spark plugs, batteries, and distributors and distributor parts.
- B. Tire servicing and repair, but not recapping or regrooving.
- C. 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.
- D. Radiator cleaning and flushing.
- E. Washing and polishing, and sale of automotive washing and polishing materials.
- F. Greasing and lubrication.
- G. Providing and repairing fuel pumps, oil filters, and lines.
- H. Minor servicing and repair of carburetors.
- I. Emergency electrical repairs.
- J. Adjusting and repairing brakes.
- K. Minor motor adjustment not involving removal of the head or crankcase or racing the motor.
- L. State inspection and normal state inspection repairs.
- M. See "mini-market" as a possible accessory use.
- AUTO SERVICE STATION
- 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."
- AUTO WRECKING or AUTO SALVAGING
- 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.
- BANQUET FACILITY
- 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."
- BASIC STRUCTURAL ALTERATION
- 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.
- BLOCK FRONTAGE
- That portion of a block which abuts a single street.
- BOARDER, ROOMER, LODGER
- A person, except family, occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation 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.
- BOARDINGHOUSE or ROOMING HOUSE
- 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.
- BUFFER, RIPARIAN
- 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 AREA
- 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.
- BUILDING COVERAGE
- 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.
- BUILDING ENVELOPE
- 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.")
- BUILDING HEIGHT
- See "height of building."
- BUILDING INSPECTOR
- The person or agency appointed by the Township Supervisors to administer and enforce the Township Building Code.
- BUILDING LINE
- 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:
- A. 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.
- B. 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.
- CAMPING UNIT
- 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.
- CAR WASH
- 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.
- CENTRAL SEWER OR WATER
- 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.
- CENTRALIZED SEWAGE/WASTEWATER TREATMENT FACILITY
- 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.
- CODE ENFORCEMENT OFFICER
- An official of the Township appointed in conformance with the Second Class Township Code to enforce the regulations of the Township.
- COMMERCIAL MOTOR VEHICLE
- A motor vehicle licensed by the commonwealth in a class other than Class I or Class II.
- COMMERCIAL SERVICES
- 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.
- COMMON FACILITIES
- 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.
- COMMON OPEN SPACE
- See "open space, common."
- COMPREHENSIVE PLAN
- 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.[Amended 12-9-2003 by Ord. No. 03-12]
- CONDITIONAL USE
- 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.
- CONDOMINIUM ASSOCIATION
- 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.
- CONTINUING CARE
- 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.
- A drain, ditch or conduit, not incorporated in a closed system, that carries drainage water under a driveway, roadway or paved area.
- CURATIVE AMENDMENT
- 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.
- CURATIVE CHALLENGE
- 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.
- CURB ELEVATION or CURB LEVEL
- 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
- Day-care facilities are defined as follows:
- A. 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.
- C. 500-822, Day-care facilities, of this chapter, shall be further differentiated by the following three classifications:
- DECIBEL (dB)
- 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.
- DEED RESTRICTION
- 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.
- DEPTH TO BEDROCK
- 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.
- DETENTION BASIN
- See "stormwater basins."
- DEVELOPABLE ACRE
- 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.
- DEVELOPABLE LOT AREA
- 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.
- DEVELOPMENT PLAN
- 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.
- DRIVE-IN USE
- 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.
- DUPLEX (TWO-FAMILY DETACHED)
- See "dwelling types."
- DWELLING TYPES
- For the purposes of this chapter, the following are the definitions of the various types of dwelling units:
- (a) An unenclosed porch at least seven feet deep, running across at least 3/4 of the house front.
- (b) 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.
- (c) A fence between 30 inches and four feet in height, enclosing the front yard, plus one flowering shrub per five feet of house width.
- (d) Two canopy trees per lot or three flowering trees per lot located within the front yard.
- (e) One canopy tree and one flowering tree per lot, plus one flowering shrub per three feet of house width.
- (f) A hedge planted across the width of the lot at the sidewalk line, limited to a mature height of four feet.
- (1) 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.
- (2) 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.
- (1) With not more than six dwelling units located at ground level.
- (2) Units may not be arranged entirely in horizontal rows (like townhouses), and are generally located entirely above or below one another.
- (3) Units may share outside access and/or internal hallways, lobbies and similar facilities.
- (4) The dwelling units cannot be individually lotted but instead share the lot or tract on which the building containing them is located.
- (5) The development is usually under one operating unit, as rental or condominium development.
- (6) This dwelling type includes garden apartments, flats and multifamily conversions.
- DWELLING UNIT
- 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.
- ELECTRIC SUBSTATION
- 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.
- EMERGENCY SERVICE OR RESPONSE FACILITY
- Fire, rescue, ambulance or police station.
- A person who is employed or is engaged in gainful activity.
- ESTATE LOT
- 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.
- EXPLOSIVE MATERIAL
- 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.
- A. 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.
- B. 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.
- FAMILY DAY-CARE HOME
- See "day care."
- FARMER'S MARKET
- An area where two or more enterprises sell agricultural, horticultural and animal husbandry products.
- FARM OPERATION
- 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.
- FAST-FOOD RESTAURANT
- 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.
- FLOODPLAIN-RELATED TERMS
- 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]
- FLOOR AREA, GROSS
- 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.
- FLOOR AREA, NET
- 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%.
- FLOOR AREA RATIO
- 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.
- GASOLINE FILLING STATION
- 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.
- GASOLINE SERVICE STATION
- See "auto service station" and "automotive repair, minor."
- GOVERNMENT SERVICES AND FACILITIES
- 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.
- GROSS ACREAGE
- 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.
- GROSS LEASABLE AREA
- 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.
- GROUP DAY-CARE HOME
- See "day care."
- GROUP HOME
- 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]
- HAZARDOUS WASTE
- See "solid-waste-related-terms."
- HEALTH CLUB
- A building where indoor exercise equipment and facilities are provided for members and guests.
- HEALTH CARE FACILITY
- 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.")
- HEALTH SERVICES
- 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.")
- HEIGHT OF 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:
- HEIGHT OF SIGN
- The vertical distance measured from ground level to the highest point on the sign or its supporting structures.
- HELIPORT, PERSONAL USE
- 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.
- HELIPORT, COMMERCIAL
- A landing area for helicopters which includes facilities for fueling, repair and storage of helicopters and which is licensed by the PennDOT.
- HIGHWAY ACCESS POINT
- The point at which vehicular traffic enters or exits a public right-of-way from an abutting land use.
- HISTORIC STRUCTURE
- Any structure that is:
- A. 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;
- B. 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;
- C. 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
- D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
- HOME OCCUPATION
- 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.
- HOMEOWNERS' ASSOCIATION (HOA)
- 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).
- HOUSING FOR THE ELDERLY
- 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.
- IMPERVIOUS COVERAGE
- 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.
- INDUSTRY, LIGHT
- Industrial activities which are carried out entirely within an enclosed building and involve no outdoor processes or outdoor storage of primary raw materials.
- INDUSTRY, HEAVY
- Industrial activities which do not meet the definition of "light industry."
- INFILL UNIT
- 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]
- INSTITUTIONAL USES
- Those uses listed and regulated in Article XXVI, Institutional Use Regulations, of this chapter. These include the following specific uses:
- INTERIOR LOT
- 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.
- JUNKYARD LICENSE
- 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]
- LAND DEVELOPMENT
- Any of the following activities:
- A. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
- (1) 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
- (2) 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.
- B. A subdivision of land.
- C. Except that, the following activities shall not be considered land development:
- (1) 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.
- (2) 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.")
- LOADING/UNLOADING SPACE
- 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.
- LOT AREA
- The horizontal land area of a lot, further defined as follows:
- B. [Amended 11-12-2002 by Ord. No. 02-16; 6-8-2004 by Ord. No. 2004-06]
- (1) Gross lot area minus the areas of easements and public and private rights-of-way, excluding the following:
- (2) Net lot area is the minimum lot area required for lot size by the various zoning districts.
- D. [Added 6-10-2008 by Ord. No. 2008-04]
- LOT, CORNER
- A lot having contiguous frontage on two or more intersecting roads.
- LOT, FLAG
- 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.
- LOT LINE
- Any property boundary line of a lot, further defined as follows:
- A. 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.
- B. Rear lot line is the line or lines most nearly parallel or concentric to the front lot line.
- C. 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.
- D. A lot which fronts on more than one street shall have a front lot line on each street frontage.
- LOT LINE HOUSE
- See "dwelling types."
- LOT WIDTH
- 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.
- MAJOR AUTO REPAIRS
- See "auto repair, major."
- MANUFACTURED HOME
- See "dwelling types."
- The process or operation of making wares or products from raw materials by hand or by the use of machine(s).
- MEDICAL OFFICE BUILDING
- A building used exclusively by medical practitioners for treatment and examination of patients, provided that no overnight patients shall be kept on the premises.
- MEMBERSHIP CLUB
- 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.
- MOBILE HOME
- See "dwelling types."
- MOBILE HOME LOT
- 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.
- MOBILE HOME PARK
- 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.
- MODULAR HOME
- See "dwelling types."
- An establishment providing transient accommodations, containing more than five rental rooms or suites, which generally has the following characteristics:
- MOTOR HOME
- A self-powered recreational vehicle used to provide transient living facilities.
- MOTOR VEHICLE SALES AGENCY
- 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.
- MOTOR VEHICLES
- All vehicles propelled or drawn by power other than muscular power and intended for use on public highways or in agricultural activities.
- MULTIFAMILY BUILDING
- See "dwelling types."
- See "dwelling types."
- MUNICIPAL WASTE
- See "solid-waste-related terms."
- NATURAL FEATURE
- 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.
- NO-IMPACT HOME-BASED BUSINESS
- 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]
- A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
- B. The business shall employ no employees other than family members residing in the dwelling.
- C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
- D. There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
- E. 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.
- F. 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.
- G. The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
- H. The business may not involve any illegal activity.
- NURSERY/GREENHOUSE, WHOLESALE
- 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."
- NURSERY/GREENHOUSE, RETAIL
- The raising and/or retail sale of trees, ornamentals, shrubs, flowers, houseplants, insecticides, fertilizers, and other horticulturally related items for commercial purposes.
- NURSING HOME
- 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.
- OFFICE BUILDING
- 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.
- OPEN SPACE
- 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."
- OPEN SPACE, COMMON
- 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.
- OPEN SPACE AND ENVIRONMENTAL RESOURCE PROTECTION 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.
- OUTDOOR LIVING AREA
- 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.
- OUTDOOR SOLID-FUEL-BURNING FURNACE
- 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]
- PAD SITE
- 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.
- PARTICULATE MATTER
- 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.
- PENNSYLVANIA MUNICIPALITIES PLANNING CODE
- The Municipalities Planning Code, originally enacted as Act 247 of 1968, which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania. All subsequent amendments are included. Abbreviated as "MPC" or "Act 247."
- A document issued by the proper authority authorizing the applicant to undertake specified activities.
- PERSONAL CARE HOME
- See "institutional uses."
- PERSONAL SERVICE
- 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.
- PLACE OF WORSHIP
- 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.
- PLANNING COMMISSION
- The Upper Hanover Township Planning Commission.
- PRINCIPAL USE
- The single dominant use or single main use on a lot.
- PROFESSIONAL OFFICE
- 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.
- PROPERTY LINE
- 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.
- PUBLIC HEARING
- 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.
- PUBLIC MEETING
- A forum held pursuant to notice under the act of July 3,1986 (P.L. 388, No. 84), known as the "Sunshine Act." ("Any prearranged gathering of an agency which is attended or participated in by a quorum of the members of an agency, held for the purpose of deliberating agency business or taking official action.")
- PUBLIC NOTICE
- 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.
- PUBLIC UTILITY
- 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]
- PUBLIC UTILITIES FACILITY
- 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.
- PUBLIC UTILITY TRANSMISSION TOWER
- 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]
- REAR LOT
- See "lot, flag."
- RECREATION AREAS
- The following definitions apply to recreation areas and facilities as governed by this chapter:
- RECREATIONAL VEHICLE
- 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.
- RESIDENTIAL DENSITY LIMIT
- 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.
- RETENTION BASIN
- See "stormwater basins."
- REVERSE FRONTAGE LOTTING
- 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.
- RIPARIAN BUFFER
- 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.
- ROOMING HOUSE
- A home occupation use of a single-family detached dwelling in which rental rooms are provided for not more than six nontransient persons.
- ROW HOUSE
- See "dwelling types."
- SALVAGE or SALVAGING
- See "solid-waste-related terms."
- SANITARY SEWER SYSTEM
- A centralized sanitary sewer system or a comparable common or package sanitary sewer facility approved by the appropriate governmental health agency.
- SATELLITE DISH ANTENNA
- 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.
- SEASONAL HIGH-WATER TABLE
- 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.
- SELF-SERVICE STORAGE FACILITIES
- 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]
- SEWAGE ENFORCEMENT OFFICER
- 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.
- SEWAGE FACILITIES, CENTRAL
- 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."
- SEWAGE FACILITIES, COMMON
- 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.
- SEWAGE FACILITIES, PUBLIC
- The central sewage system operated by a municipal authority.
- SHOPPING CENTER
- 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.
- SIGN-RELATED TERMS
- 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]
- A. X herein.
- (1) 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.
- (2) 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.
- (3) 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.
- SINGLE AND SEPARATE OWNERSHIP
- 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.
- SINGLE-FAMILY ATTACHED DWELLING
- See "dwelling types."
- SINGLE-FAMILY DETACHED DWELLING
- See "dwelling types."
- SINGLE-FAMILY SEMIDETACHED DWELLING
- See "dwelling types."
- The parcel or parcels of land intended to be subdivided into one or more lots.
- SOIL SURVEY
- The Montgomery County Soil Survey of 1967, prepared by the Soil Conservation Service of the United States Department of Agriculture, as amended.
- SOLAR ENERGY SYSTEM
- 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]
- SOLID-WASTE-RELATED TERMS
- The following terms are defined for the purposes of Article XXI, Solid Waste Disposal and Recycling Regulations.
- V. 
- (a) Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.
- (b) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
- (c) 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.
- SPECIAL EXCEPTION
- 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.
- SPECIALIZED RETAIL
- 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.
- SPORTSMEN'S CLUB
- Includes hunting, fishing, and athletic clubs and camps; excludes paintball and similar pseudo-war games.
- STORMWATER RUNOFF
- 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.
- STREET or ROAD
- 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.
- STREET LINE
- A line identical with the ultimate right-of-way line.
- STREET RIGHTS-OF-WAY
- Rights-of-way for street purposes are defined as follows:
- 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 buildings, signs, fences, walls, poles, towers, swimming pools, porches, garages, and similar objects. "Structure" shall be interpreted as including the words "or part thereof."
- 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.
- SUBSTANTIAL CONSTRUCTION
- 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."
- SWIMMING CLUB
- An area containing a swimming pool which is used by the public or by members for a fee.
- SWIMMING POOL
- 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.
- TAP ROOM or TAVERN
- 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]
- TEA ROOM
- A small cafe serving tea and light refreshments.[Added 1-11-2011 by Ord. No. 2010-05]
- TEMPORARY STRUCTURE
- A structure which is not designed to last or to be used for a specific use for more than one year.
- TOURIST HOME
- See "bed-and-breakfast."
- See "dwelling types."
- TRAFFIC IMPACT ANALYSIS
- A study of existing and anticipated traffic volumes, capacities, and movements, required by § 500-825, Traffic impact study, herein, and as regulated by Chapter 425, Subdivision and Land Development.
- TRANSPORTATION TERMINAL
- An industrial land use that permits storage, maintenance and repair of vehicle fleets, including cars, trucks and/or buses.
- TRAVEL TRAILER
- 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.
- TREES, MATURE
- See "woodlands" or the landscaping requirements of Chapter 425, Subdivision and Land Development.
- TWIN (SINGLE-FAMILY SEMIDETACHED DWELLING)
- See "dwelling types."
- TWO-FAMILY BUILDING
- See "dwelling types."
- ULTIMATE DEVELOPMENT PLAN
- 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.
- ULTIMATE RIGHT-OF-WAY LINE
- 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.
- USED CAR LOT or LOT FOR SALE OF RECREATIONAL VEHICLES
- 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.
- VEGETATIVE COVER
- The land area devoted to vegetative coverage, including lawns, trees, shrubs, flowers and gardens.
- See "animal hospital."
- VILLAGE HOUSE
- See "dwelling types."
- VISUAL SCREEN
- A barrier whose purpose is to obscure a view, generally comprised of plant materials suitable for the purpose.
- WAREHOUSE, MINI
- See "self-service storage facilities."
- A building or group of buildings primarily used for the commercial storage, transfer and distribution of products and materials.
- WASTE and WASTE-RELATED TERMS
- See solid-waste-related terms.
- WATER SUPPLY SYSTEM
- 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.
- WATER BODY
- 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.
- WHOLESALE BUSINESS
- 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.
- WINDMILL, PRIVATE NONCOMMERCIAL
- 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]
- WIRELESS COMMUNICATIONS TERMS
- 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]
- 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:
- YARD LINE
- A line which locates and delineates the minimum yard setback requirements, measured from the ultimate right-of-way, rear and side lot lines.
- ZONING OFFICER
- 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.
Editor's Note: See 53 P.S. § 65101 et seq.
Editor's Note: See 53 P.S. § 10301 et seq.
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
Editor's Note: See 53 P.S. §§ 10609.1 and 10609.2, respectively.
Editor's Note: See 53 P.S. § 10101 et seq.
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.
Editor's Note: The former definition of "satellite use," which immediately followed this definition, was repealed 1-11-2011 by Ord. No. 2010-05.
Editor's Note: Now the USDA Natural Resources Conservation Service.
Editor's Note: See 35 P.S. § 6018.101 et seq.
Editor's Note: See 53 P.S. § 4000.101 et seq., and 35 P.S. § 6018.101 et seq., respectively.