In interpreting this chapter, the present tense includes the
future; the singular number includes the plural, and the plural the
singular; the word "building" includes the word "structure" and shall
be construed as if followed by the words, "or part thereof"; the word
"occupy" includes the words "designed" or "intended to be occupied";
the word "person" includes any natural persons, partnership, firm,
association, or corporation.
Unless otherwise expressly stated, the following words shall,
for the purpose of this chapter, have the meanings herein indicated:
The cultivating of the soil and the raising and harvesting
of the products of the soil, including, but not by way of limitation,
nurseries, horticulture and forestry.
Any change in existing facilities, structural parts or mechanical
equipment which does not increase the cubic content of a building.
A dwelling unit in a building containing three or more units
having some common services or facilities.
Passed upon as satisfactory by the authority designated by
law to give approval to the matter in question.
A story partly underground, but having less than half its
clear height below grade.
Any enlargement of a building, whether by extending on any
side or by increasing in height; any change in the use or classification
of a main building; or the moving of a building from one location
to another.
A residential use consisting of one dwelling unit with no
more than eight rooms or suites that are rented to the public for
overnight or weekly accommodation for a fee. Only the breakfast meal
may be prepared for the guests by the proprietor, with no other meals
prepared by the proprietor. The rented rooms do not contain cooking
facilities and do not constitute separate dwelling units.
[Added 10-8-2013 by Ord. No. 2013-03, approved 10-8-2013]
The duly elected Borough Council of the Borough of West Conshohocken
in the County of Montgomery and Commonwealth of Pennsylvania.
Any structure having enclosed walls or partly enclosed walls
and a roof, which structure is permanently located on the land.
A building subordinate to the principal building on the same
lot therewith and used for purposes customarily incidental to those
of the principal building.
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot, taken at their greatest outside dimensions
on the ground floor, including all attached structures, except steps
and terraces at a lower plane or planes than the majority of the first-floor
area of the principal building. Cornices, eaves and gutters are excluded,
while porches, breezeways and carports are included.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located, provided that, in the case of a lot where
the side lines are not parallel, the building line shall be at that
point where the minimum lot width first coincides with the required
lot width, but in no case closer to the street line than the required
front yard.
A building in which is conducted the principal use of the
lot on which it is located.
Provision made for traffic within or through buildings, outside
areas and communities.
A principal building used for the meeting place of an organized
group of citizens, such as a veterans' organization, fraternal organization,
business organization, service organization and the like, in which
the activities are limited to members of the organization and their
guests and which may also provide living quarters for caretakers and
transient quarters for members.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site designed and intended
for the use or enjoyment of residents of the development, not including
streets, off-street parking areas and areas set aside for public facilities.
"Common open space" shall be substantially free of structures but
may contain such improvements as are in the development plan as finally
approved and as are appropriate for the recreation of residents.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The West Conshohocken Borough Comprehensive Plan of 1974
and amendments thereto, including maps, charts and/or descriptive
matter, officially adopted by the Borough Planning Commission and
Borough Council, indicating recommendations for the continuing development
of the Borough and including all elements required by the Pennsylvania
Municipalities Planning Code (Act 247).
An estate in real property consisting of an undivided interest
in a portion of a parcel, together with a separate interest in a space
within a structure. This form of ownership may be applied in residential,
professional office, limited industrial and commercial land use.
The materials and methods of fabricating the various elements
of a structure or building.
The remodeling or alteration of a structure so as to accommodate
the provision of more apartment units (or dwelling units) than were
originally intended. "Conversions" would then include the alteration
of a nonresidential structure into a dwelling unit for at least one
family; the modification of a single-family structure so as to accommodate
two or more dwelling units; and the alteration of a multifamily structure
so as to accommodate more units than originally intended.
That percentage of the area of a lot occupied by buildings.
A minor street with entrance and exit at the same end.
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
DEED RESTRICTIONA restriction upon the use of a property placed in a deed.
The number of units (persons, families or dwellings) per
acre or square mile.
That portion of a tract of land excluding the proposed and existing rights-of-way of all roads, steep slopes of 25% or greater and all floodplains as defined in Article XIV of this chapter.
[Amended 12-13-2005 by Ord. No. 05-10, approved 12-13-2005]
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for land development, including a plat of
subdivision, all covenants relating to use, location and bulk of buildings
and other structures, intensity of use or density of development,
streets, ways and parking facilities, common open space and public
facilities. The phrase, "provisions for the development plan" shall
mean the written and graphic materials mentioned above.
When described in the pertinent articles herein, the various
"dwelling types" are intended to have the following meanings:
SINGLE-FAMILY DETACHED DWELLING or SINGLE-FAMILY DWELLINGA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjoining building.
SINGLE-FAMILY ATTACHED DWELLINGA building designed for and occupied exclusively as the residence for one family with no more than two party walls in common with any other dwelling.
TWINA building designed for and occupied by two families, having one party wall in common with each dwelling unit.
DUPLEX or TWO-FAMILY DETACHED DWELLINGA building designed for and occupied by two families, one living above the other, having a common partition between them and having no party wall in common with an adjoining building.
MULTIFAMILY DWELLINGA detached building occupied by three or more families, each living independently of the other.
A house, an apartment or other group of rooms, or a single
room, is regarded as a "dwelling" when it is occupied or intended
for occupancy as separate living quarters, that is, when the occupants
do not live and eat with other persons in the structure and there
is either direct access from the outside or through a common hall
or there is a kitchen or cooking equipment for the exclusive use of
the occupants of the unit.
A vested or acquired right to use land, other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public, provided that in residential districts
an "electric substation" shall not include rotating equipment, storage
of materials, trucks or materials, trucks or repair facilities, housing
of repair crews, offices or places of business.
A single person or two or more persons legally related with
whom there may not be more than two boarders, roomers or lodgers,
all living together in a common household. A boarder, roomer or lodger
residing within the "family" household is a person who pays a consideration
therefor, such residence not being an incident of employment therein.
[Amended 12-10-1985 by Ord. No. 371, approved 12-10-1985]
The extent of a building or of land along a public road or
a public waterway.
PRIVATE GARAGEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a "private garage."
PUBLIC GARAGEA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
STORAGE GARAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.
Any area of land, including structures thereon, or any building
or part thereof, that is used for the sale of gasoline or other motor
vehicle fuel or accessories, and which may or may not include facilities
for lubricating, washing or otherwise servicing motor vehicles, but
which shall not include painting or body and fender repairs.
A building's vertical measurement from the mean level of
ground surrounding the building to a point midway between the highest
and lowest points of the roof, provided that chimneys, spires, towers,
elevator penthouses, tanks and similar projections shall not be included
in calculating the height.
An occupation for gain or support conducted only by members
of a family residing on the premises and conducted entirely within
the dwelling, provided that no article is sold or offered for sale
except such as may be produced by members of the immediate family
residing on the premises. The conducting of a clinic, hospital, barbershop,
beauty parlor, tearoom, tourist home, animal hospital or any other
similar use shall not be deemed as a "home occupation."
A building used for the purpose of furnishing for compensation
more or less temporary lodging to the public, with or without meals,
and having lodging accommodations for 10 or more persons.
A structure or public utility, or any other installation
or physical change made in a property with a view toward increasing
its value, utility or appearance.
See "developer."
A part of the earth's surface or the view of a portion of
land and water as seen from any given point.
The alteration of existing ground conditions, together with
construction and development of ground features, including minor structures.
A space, accessible from a street or way, in a building or
on a lot, for the temporary use of the vehicles while loading or unloading
merchandise or materials.
A parcel of land which is occupied or is to be occupied by
one principal building or other structure or use, together with any
accessory buildings or structures or uses customarily incidental to
such principal building or other structure or use, and any such open
spaces as are arranged or designed to be used in connection with such
principal building or other structure or use, such open spaces and
the area and dimensions of such "lot" being not less than the minimum
required in this chapter.
LOT AREAThe total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street line shall be deemed a portion of any "lot area." The area of any lot abutting a street shall be measured to the street line only.
LOT LINEA property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the "lot line" for such portion of the lot as abuts the street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line, even though such may be the property boundary line.
LOT WIDTHThe width of a lot measured at the building line.
FRONT OF LOTThe edge of a lot which borders on a highway or street. In the case of a corner lot, the front may be designated by the Borough Council or election left to the owner by the proper authority.
REAR OF LOTThe edge of a lot opposite the front. In the case of a triangular or gore lot, the rear shall be designated by the proper authority in consultation with the landowner.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two 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 without a permanent foundation.
[Amended 12-17-1996 by Ord. No. 96-015, approved 12-17-1996]
A building or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate ground floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
providing sleeping accommodations for automobile travelers and is
suitable for occupancy at all seasons of the year.
A detached building occupied by three or more families, each
living independently of the other. A building designed for and occupied
by three families, having a common partition between them, with at
least one living above the other, is a multifamily dwelling.
[Added 5-14-2019 by Ord.
No. 2019-03; approved 5-14-2019]
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 4-8-2003 by Ord. No. 03-05, approved 4-8-2003]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
of inventory of a substantial nature.
There shall be no outside appearance of 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.
A building or other structure, use or lot which, by reason
of design, size or use, does not conform with the requirements of
the district or districts in which it is located.
Any area privately owned which is used for the storage of
motor or other vehicles.
A reasonably level space, available for the parking of one
motor vehicle, not less than 10 feet wide and having an area of not
less than 200 square feet. Fifteen percent of said area may be maintained
in grass, provided that such grass area shall be separated from the
paved area by a suitable car wheel stop or bumper, the same to be
approved by the Borough Engineer. Passageways, driveways or other
means of circulation or access shall not be included in the required
200 square feet but shall meet the minimum area requirements as set
forth in the latest edition of Architectural Graphic Standards, authorized
by the American Institute of Architects.
A parking space surfaced to whatever extent necessary to
permit reasonable use under all conditions of weather.
A parking space not enclosed by any garage, carport, roof,
walls or other structure.
[Added 9-6-2000 by Ord. No. 00-14, approved 9-7-2000]
The duly appointed West Conshohocken Borough Planning Commission,
as provided by ordinance enacted and ordained by the Borough Council.[2]
An office for a physician, lawyer, dentist, architect, professional
engineer, planner or other such profession, but not including a real
estate office or beauty shop, and provided that no goods, equipment,
merchandise or material associated with such practice may be displayed,
stored or sold on the lot area on which the structure is located.
A building or structure and its equipment, used for the transmission
and exchange of telephone, radio, gas, power, sewer and water facilities;
provided, however, that in a residential district these shall not
include business facilities, storage of materials, trucks or repair
facilities, or the housing of repair crews.
A building used for the purpose of a residence for one family
in which the resident rents rooms within the building, or in a building
accessory thereto, to not more than six nontransient persons, with
or without the provision of table board for such persons.
A public sanitary sewer system, or a comparable common or
package sanitary sewer facility approved by the appropriate governmental
health agency.
A structure, building wall or outdoor surface or any device
for visual communication, used for the purpose of attracting the attention
of the public or to display, identify or publicize a name, product
or service.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
A determination by the Zoning Hearing Board from the terms of this chapter. See Article XVII.
That part of a building comprised between any floor and the
floor or roof next above.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally opened
or officially plotted, or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots each
held in single and separate ownership have the right-of-way.
A public or privately owned right-of-way serving as a means
of vehicular and pedestrian travel and furnishing access to abutting
properties.
Any form or arrangement of building materials involving or
providing proper support, bracing, tying, anchoring or other protection
against the forces of the elements.
A living arrangement for a number of students, unrelated
by blood, marriage or legal adoption, attending or planning to attend
either undergraduate or graduate programs at colleges or universities
or who are on a semester or summer break from studies at colleges
or universities or any combination of such persons. The residents
of a "student house" share living expenses and may live and cook as
a single housekeeping unit but may also only share access to cooking
facilities and not live and cook as a single housekeeping unit. "Student
houses" shall not include fraternities or sororities, which are nationally
recognized and/or chartered and which preexisted passage of this amendment.
Furthermore, this amendment does not apply to property owned and operated
by an accredited educational institution.
[Added 5-9-1995 by Ord. No. 95-431, approved 5-9-1995]
A room or rooms used by an artist, musician or person of
similar calling in which such person practices his calling or teaches
the same.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone or radio telephone
messages between subscribers and other business of the telephone company.
A dwelling in which sleeping accommodations for less than
10 persons are provided or offered, primarily for automobile travelers,
for compensation.
A single-family attached dwelling which is part of a planned townhouse development as detailed in § 113-39G. Such development shall have open space or recreation facilities for the use of all residents in the development. Any structure proposed to have three attached horizontal units must comply with the provisions detailed in § 113-39G.
[Added 5-14-2019 by Ord.
No. 2019-03; approved 5-14-2019]
A vehicle without motive power which may be towed on public
highways by a passenger automobile without a special hauling permit,
which is designed for human occupancy under transient circumstances
such as camping, travel or other recreation.
See "street line."
COMMERCIAL USEA use predominantly for trade or commercial service purposes.
INDUSTRIAL USEA use for manufacturing purposes, often accompanied by warehouses, freight yards, docks, etc.
LAND USEThe process of extracting economic or social gain from the land, i.e., the process through which a use value is created.
RESIDENTIAL USEA use for purposes related to the residential character of the property.
A determination by the Zoning Hearing Board from the terms of this chapter. See Article XVII.
COMMON WALLA wall owned by one party but jointly used by two parties, one or both of whom is entitled to such use under the provisions of a lease.
FIRE WALLA wall which subdivides a building to restrict the spread of fire. The "fire wall" starts at the foundation and extends continuously through all stories to and above the roof.
PARAPET WALLThat part of an exterior, party or fire wall extending above the roofline.
PARTY WALLAn unbroken wall which divides two adjoining dwelling units and in which each of the tenants or owners of the adjoining units has rights of enjoyment.
An open unoccupied space on the same lot with a building
or other structure or use, open and unobstructed from the ground to
the sky.
YARD, FRONTA yard extending the full width of the lot along the front line and extending in depth from the front lot line to the nearest point of any structure on the lot.
YARD, REARA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of the principal structure on the lot.
YARD, SIDEA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of the principal structure on the lot.
The division of all of the land of an entire political subdivision
into districts having different regulations pertaining to use of land;
height, area, bulk and use of buildings, and yard requirements; and,
in some states, density of population. "Zoning" is effected by a local
ordinance under the police power of the state granted by specific
legislation generally termed an "enabling act."
Formerly the Zoning Board of Adjustment, as defined in Article XVII.
