Township of Upper Uwchlan, PA Definitions

ADULT BOOKSTOREAn establishment, having as a substantial or significant portion of its stock-in-trade, whether for sale or rental, books, magazines, videos, novelties, or other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to sexual conduct or activities.

ADULT CABARETA cabaret, tavern, theater, or club which features strippers, male or female impersonators or similar entertainers who exhibit, display, or engage nudity, sexual conduct or sadomasochistic abuse, as defined in the Pennsylvania Obscenity Code.

ADULT MINI MOTION-PICTURE THEATERAn enclosed building offering video presentations distinguishing or characterized by an emphasis on matters depicting, describing or relating to sexual conduct or activities for observation by patrons within private viewing booths and/or by use of token or coin operated projectors or other video machines.

ADULT THEATERAny business, indoor or outdoor, which exhibits a motion-picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct or sadomasochistic abuse as defined in the Pennsylvania Obscenity Code.

ANTENNA SUPPORT STRUCTURE

MASSAGE ESTABLISHMENTAny establishment or business which provides the services of a massage or body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, unless operated by a medical practitioner, chiropractor or professional physical therapist licensed by the state. This definition does not include an athletic club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

AGRICULTURE

The cultivating of the soil, the raising and marketing of livestock, poultry and dairying, and the marketing of products of the soil produced on the premises, including, but not by way of limitation, horticulture, and forestry, but excluding commercial piggery.

ALTERATION

Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, joists or rafters, or enclosure walls which change the use of a building or structure or otherwise alters the area and bulk requirements of this chapter.

AMATEUR RADIO ANTENNA

An arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves and as authorized by the issuance of an amateur radio license by the Federal Communications Commission (FCC), provided that the transmission and reception of such electromagnetic waves is compliant with all FCC regulations.

[Added 8-6-2001 by Ord. No. 01-06]

AMATEUR RADIO STATION

A radio station operated in accordance with the terms of an amateur radio license issued by the FCC.

[Added 8-6-2001 by Ord. No. 01-06]

ANTENNA

Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined herein.

[Added 6-16-2014 by Ord. No. 2014-03]

Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an amateur radio antenna or antenna array.

[Added 8-6-2001 by Ord. No. 01-06]

APPLICANT

A landowner or developer, as herein defined, who has filed an application for development, including his heirs, successors and assigns.

BAKERY

An establishment engaged in the preparation, including baking, and sale of baked goods on premises, primarily intended for consumption off-premises and not including outdoor drive-through or walk-up service.

[Added 5-17-2004 by Ord. No. 04-02A]

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared; for the purposes of this chapter, the 100-year flood.

BASE FLOOD ELEVATION

The 100-year flood elevation. Within the approximated floodplain, the base flood elevation shall be established as a point on the boundary of the approximated floodplain which is nearest to the construction site in question.

BASEMENT

Any area of the building having its floor below ground level on all sides.

[Amended 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No. 06-07]

BED-AND-BREAKFAST

An accessory use to a single-family detached dwelling, permitted as such only when carried on in conformity with applicable regulations, in which the occupants of the residence provide overnight accommodations for short-term, transient guests, including the service of breakfast, but no other meals.

BED-AND-BREAKFAST INN

A bed-and-breakfast facility operated as a principal use with a maximum of 12 guest rooms providing overnight accommodations for short-term, transient guests, including the service of breakfast, but no other meals. Unlike a bed-and-breakfast facility operated as an accessory use to a principal residential use, the operators of a bed-and-breakfast inn are not required to reside on the premises. Applicable standards set forth in § 200-62B(5) shall nevertheless apply, including § 200-62B(5)(d), (e), (f), (g), (h), (j) and (l).

[Added 5-17-2004 by Ord. No. 04-02A]

BLOCK

Property bounded on one side by a street, and on the other three sides by a street, railroad right-of-way, public park, waterway, Township line, or any combination thereof.

BOARDINGHOUSE

A building or portion of a building arranged or used for sheltering or feeding, or both, for compensation for two or more individuals who are not otherwise part of a family as defined herein.

BOARD OF SUPERVISORS

The Board of Supervisors of Upper Uwchlan Township.

BUFFER AREA

A strip of land adjacent to the lot line to establish a visual separation between incompatible uses.

BUILDING

A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

[Amended 9-18-2006 by Ord. No. 06-07]

BUILDING COVERAGE

The ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot (including covered porches, carports and breezeways, but excluding open patios) by the total area of the lot upon which the buildings are located.

BUILDING HEIGHT

A building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof.

BUILDING LINE

A line, parallel to the lot line, passing through the part of the building nearest to the particular lot line; may be farther from the lot line than the building setback line.

BUILDING SETBACK LINE

The line which establishes the minimum depth of the particular yard in question, for the particular district, as measured from the right-of-way line.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is situated.

CALIPER

The width of a tree trunk, measured six inches from the ground surface at the point of highest elevation in contact with the trunk of such tree that is four inches in caliper and smaller. Caliper shall be measured 12 inches from the ground surface at the point of highest elevation in contact with the trunk of such tree that is larger than four inches in caliper.

[Added 6-17-2002 by Ord. No. 02-04]

CARTWAY

The surface of a street or alley available for vehicular traffic.

CERTIFICATE OF OCCUPANCY

A permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land indicating that the premises complies with the provisions of this chapter and may be used for the purposes set forth in the certificate.

CHURCH

A building or group of buildings, including customary accessory buildings, designed or intended for public worship. For the purpose of this chapter, the word church shall include chapels, cathedrals, synagogues, temples and similar designations as well as parish houses, convents and such accessory uses.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined as lines of sight between points at a given distance from the intersection of the street rights-of-way, cartways, or center lines.

CO-LOCATION

The placement or installation of a new wireless communications facility on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers or any other structure not classified as a wireless support structure that can support the placement or installation of a wireless communications facility if approved by the Township. The term includes the placement, replacement or modification of accessory equipment within a previously approved equipment compound.

[Added 6-16-2014 by Ord. No. 2014-03]

COMMON AREA

That portion of the development tract owned in undivided fee interests by the unit owners in such condominium and set aside for their exclusive use and enjoyment.

COMMON OPEN SPACE

Restricted open space within a development site, conforming to the criteria of § 200-69 of this chapter and designed and intended for the use or enjoyment of the residents of the development and other neighborhoods, consisting of landscaped or natural terrain including lakes and streams. Common open space shall be substantially free of buildings (but may include such buildings or other improvements as are in the development plan as finally approved and as are appropriate for the recreational uses). The common open space may include recreational uses such as tennis courts, squash courts, playgrounds, golf courses, swimming pools or other like uses.[2]

[Amended 10-6-1997 by Ord. No. 97-07; 12-17-2001 by Ord. No. 01-14]

COMPLETELY DRY SPACE

A space which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

[Added 9-18-2006 by Ord. No. 06-07]

COMPREHENSIVE PLAN

The document adopted as the Comprehensive Plan for the Township of Upper Uwchlan by the Board of Supervisors.

CONDITIONAL USE

A use which may not be generally appropriate to a particular zoning district, but which may be suitable in certain locations within the district only when specific conditions prescribed for such use within this chapter are present. Conditional uses are granted or denied by the Board of Supervisors after a hearing to determine whether or not such conditions are present.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions created under either the Pennsylvania Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium Act of 1980.[3]

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured homes.

CONTIGUOUS

For purposes of a real measurement or to define restricted open space requirements, tracts or areas of land shall be considered contiguous wherever immediately abutting. Adjacent tracts may be considered contiguous where separated only by a public or private road, easement, or right-of-way, except where separated by an arterial highway (i.e., Pennsylvania Turnpike, Pa. Route 100).

[Added 10-6-1997 by Ord. No. 97-07; amended 12-17-2001 by Ord. No. 01-14]

CONVERSION

An alteration of a building, structure or land by change of use, theretofore existing, to a new use which imposes other special provisions of a law governing building construction, equipment, exits, or zoning regulations.

CULTURAL FACILITY

A building which has as its primary purpose the advancement and preservation of art, music, theater, dance or any other arts or cultural discipline.

[Added 6-15-2020 by Ord. No. 2020-01]

CULTURAL STUDIO

A facility used for providing to the public instruction in the performing arts, limited to dance, music, and theater, and the fine arts, including drawing, painting, photography and sculpture.

[Added 5-17-2004 by Ord. No. 04-02A]

DAY-CARE CENTER

Facility licensed by the Commonwealth of Pennsylvania, which provides food service, shelter, supervision, educational and recreational needs of children whether or not for remuneration.

DBH (dbh)

The diameter of a tree at breast height, measured 4.5 feet from the ground surface at the point of highest elevation in contact with the trunk of such tree.

[Added 6-17-2002 by Ord. No. 02-04]

DENSITY, GROSS

The total land ownership divided by the total number of families housed or to be housed thereon, expressed in families or dwelling units per acre, such ownership including interior streets having rights-of-way not over 50 feet in width, common open spaces, permitted commercial uses, sites for schools and places of worship, and all land devoted to residential use, but excluding interior streets having rights-of-way greater than 50 feet in width.

DENSITY, NET

The number of families or dwelling units per acre, within only that portion of the lot devoted to any one particular housing type, including the yards, off-street parking and driveway facilities directly serving those particular dwelling types, but excluding common open spaces, places of worship, permitted commercial uses, school sites, public streets, areas devoted to sanitary sewer facilities, spray fields and other public grounds.

DEPARTMENT OF HEALTH

The Department of Health of the Commonwealth of Pennsylvania or of Chester County, or their representative having jurisdiction in the Township.

DETACHED

Used to describe a structure which has yards on all sides.

DEVELOPER

Any landowner, agent of such landowner, tenant with the permission of such landowner, or equitable owner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities, filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

[Amended 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No. 06-07]

DEVELOPMENT PLAN

The design or site layout plan for multifamily dwellings, mobile home parks, shopping centers and industrial parks, covering the entire property ownership although the actual development may take place in stages, and including all required provisions applicable to the type of development, such as all covenants relating to the use, location and bulk of buildings and other structures, gross and net densities, streets, ways and parking facilities, common open space and public facilities, as well as such written and graphic material as may be necessary for the reviewing officials to evaluate the proposed development; and, where more than one mortgage is contemplated, the limits of each shall be shown, and all required elements and provisions of this chapter shall take place independently within each of the mortgage areas so that each could function independently, if necessary.

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 6-16-2014 by Ord. No. 2014-03]

DRIPLINE

A generally circular line, the circumference of which is determined by the outer reaches of a tree's widest branching points.

[Added 6-17-2002 by Ord. No. 02-04]

DWELLING TYPES

MULTIPLE-FAMILY DWELLINGA building containing three or more dwellings, each accommodating one family.

APARTMENT DWELLINGA building or group of buildings with common ownership on a lot with four or more dwelling units used specifically for residential purposes and originally constructed as such.

GARDEN APARTMENTA multiple-family dwelling of up to three stories in height designed for rental or condominium ownership of each housekeeping unit.

(c)

QUADRAPLEXA building containing four dwellings, each sharing two common party walls which separate the units vertically.

(d)

SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE)Three or more single-family attached dwelling units with one dwelling unit from ground to roof, two points of independent outside access, at least two other dwellings built in conjunction herewith and any portion of one or two unpierced party walls common with an adjoining dwelling, and having yards on at least two sides.

MOBILE HOMESee "manufactured home."

SINGLE-FAMILY DETACHED DWELLINGA dwelling unit which has yards on all sides. The term "single-family detached dwelling" shall be deemed to include a modular home which is designed for transportation after fabrication in one or more units and constructed so that it must be assembled on a permanent foundation and be connected to utilities.

SINGLE-FAMILY SEMIDETACHED DWELLING (TWIN)Two dwelling units, each accommodating one family, which are attached side by side through use of a party wall, with each dwelling unit having one side yard.

EFFECTIVE DATE OF THIS CHAPTER

TWO-FAMILY DETACHED DWELLING (DUPLEX)Two dwelling units, each accommodating one family, which are located one over the other with the building having two side yards.

DWELLING UNIT

A room or rooms within a building connected together, constituting a separate independent housekeeping establishment for one family only, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, physically separated from any other rooms or dwelling units, and containing independent lavatory, cooking and sleeping facilities.

EASEMENT

A right-of-way granted, but not necessarily dedicated, for a private, public or quasi-public purpose.

EDUCATIONAL USE

A use requiring certification, licensing, or review by the Pennsylvania Department of Education.

The effective date of this chapter is five days after its adoption, except that, with respect to the subject matter of any amendment, the effective date of this chapter shall mean five days after the date upon which the particular amendment was adopted.

EFFECTIVE SCREEN

Planting of deciduous and evergreen trees and shrubs not less than five feet in initial height and capable of attaining a height and width of not less than 10 feet wherein not less than 50% of the plants shall be evergreen mixed throughout the length of such screen, so arranged or placed as to divert attention from, or obstruct at least 85% of an otherwise clear view of an objectionable or incompatible use or activity during all seasons of the year. A wall or fence in combination with the aforementioned plantings may be used as an effective screen where required for parking and loading areas. The effective screen shall be in accordance with plans and specifications prepared by a registered landscape architect and shall be compatible with the landscaping on the lot and approved by the Zoning Officer.

ELECTRIC SUBSTATION

Buildings or structures and equipment erected and used for the purpose of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews, such buildings or structures being appropriately planted or screened to blend the installation with the surrounding landscape.

ENGINEER, TOWNSHIP

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for the Township of Upper Uwchlan, its Planning Commission or Authority.

ESSENTIALLY DRY SPACE

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage; the structure is substantially impermeable to the passage of water.

[Added 9-18-2006 by Ord. No. 06-07]

ESSENTIAL UTILITIES

Includes sewerage, water, gas and electric lines and related appurtenances used to serve development within the Township, but not including cross country transmission lines or other utilities not required to serve the Township.

FAMILY

One person or two or more persons related by blood, foster relationship, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof; or one or more persons who need not be so related, and, in addition, domestic servants or gratuitous guests thereof, who are living together in a single, nonprofit dwelling unit and maintaining a common household with single cooking facilities. A roomer, boarder or lodger shall not be considered a member of the family.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

FCC

Federal Communications Commission.

[Added 6-16-2014 by Ord. No. 2014-03]

FENCE

Any freestanding and uninhabited structure consisting of wood, glass, metal, plastic, wire, wire mesh, masonry, or vegetation (i.e., a hedge of shrubs, trees, or other plant material), singly, or in combination with other materials, 2 1/2 feet or higher, erected to secure or divide one property from another or part of a property from a remaining part, to ensure privacy, to protect the property so defined, or to enclose all or part of the property.

[Amended 12-15-2003 by Ord. No. 03-05]

FLOOD

A temporary inundation of normally dry land areas.

[Amended 9-18-2006 by Ord. No. 06-07]

FLOOD ELEVATION, REGULATORY

The 100-year flood elevation, plus a freeboard safety factor of 1 1/2 feet.

FLOOD FRINGE

That portion of the floodplain outside the floodway.

FLOOD, 100-YEAR

A flood that, on the average, is likely to occur once every 100 years (i.e., that has a 1% chance of occurring each year, although the flood may occur in any year).

FLOODPLAIN AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

[Amended 9-18-2006 by Ord. No. 06-07]

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

[Amended 9-18-2006 by Ord. No. 06-07]

FLOODWAY

The designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the 100-year magnitude.

[Amended 9-18-2006 by Ord. No. 06-07]

FLOOR AREA or GROSS FLOOR AREA

The total area of all floors as measured to the outside surfaces of exterior walls, or from the center line of party walls separating two buildings, but excluding crawl spaces, garages, carports, attics without floors, open porches, terraces, and cellars.

FOOTCANDLE

A unit of incident light stated in lumens per square foot and measurable with an illuminance meter, AKA, footcandle or light meter.

[Added 6-17-2002 by Ord. No. 02-04]

FULL-CUTOFF

A term used by the lighting industry to describe a lighting fixture from which no light output is emitted at or above a horizontal plane drawn through the bottom of the fixture and no more than 10% of the lamp's light output is emitted at an angle 10° below that horizontal plane, at all lateral angles around the fixture.

[Added 6-17-2002 by Ord. No. 02-04]

GARAGE, PARKING

An accessory to a principal building, either attached to it or separate, and used only for storage purposes.

GARAGE, PRIVATE

An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises.

GARAGE, STORAGE

A 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.

GASOLINE SERVICE STATION

An area of land, together with any structure thereon, used for the retail sale of motor fuel and lubricants and incidental services, such as lubrication and handwashing of motor vehicles, and the sale, installation or minor repair of tires, batteries, or other automobile accessories.

GOLF COURSE

Either a publicly or privately owned and operated course which shall have a minimum of nine holes of golf. Neither a commercial driving range nor a commercial miniature golf area shall be considered a golf course for the purposes of this chapter.

GOVERNMENTAL USES

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.

GRADE

The elevation of finished ground or paving which adjoins a building.

GROUP HOME

The use of any lawful dwelling unit which meets the criteria in § 200-65 of this chapter.

[Amended 3-19-2018 by Ord. No. 2018-05]

HEDGEROW

A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak).

[Added 6-17-2002 by Ord. No. 02-04]

HEIGHT OF BUILDING

A building's vertical measurement from the mean level of the 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.

HELICOPTER

An aircraft whose support in the air is derived chiefly from the aerodynamic forces acting on one or more rotors turning about substantially vertical axes, excluding fixed-wing aircraft.

[Added 8-6-1990 by Ord. No. 90-02]

HISTORIC STRUCTURE

Any structure that is:

[Added 11-18-1996 by Ord. No. 96-06; amended 5-17-2004 by Ord. No. 04-02A; 9-18-2006 by Ord. No. 06-07]

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

By an approved state program as determined by the Secretary of the Interior; or

HOSPITAL or MEDICAL CENTER

Directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

An accessory use which is clearly incidental and subordinate to the residential use of a dwelling unit and is customarily performed within a dwelling unit or accessory buildings by one or more occupants of such dwelling unit.

HOMEOWNERS' ASSOCIATION

A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned property.

HOME, ROOMING

A dwelling in which weekly or monthly sleeping accommodations are provided for rent to less than 10 persons, whether or not the serving of meals is included.

HOME, TOURIST

A dwelling in which overnight sleeping accommodations are provided for rent to less than 10 motor vehicle travelers, whether or not the serving of meals is included.

HORSE BARN

A building or portion of building used for the shelter of horses belonging to the landowner or tenant residing on the property.

A building used for the medical diagnosis, treatment or other care of human ailments.

HOTEL, MOTEL or MOTOR INN

A building or group of buildings containing guest rooms especially designed for the temporary lodging of transient guests, provided that no room shall have cooking facilities of any kind.

HOUSEHOLD PETS

Domesticated animals normally considered to be kept in or in conjunction with a dwelling unit for the pleasures of the resident family, such as dogs, cats, small birds, gerbils and other similar pets normally sold by retail pet stores.

HYDRIC SOILS

[Added 6-17-2002 by Ord. No. 02-04]

For purposes of determining compliance with the provisions of Chapter 162, Subdivision and Land Development, or of this chapter, as applicable, those soil types identified as hydric soils or soils with hydric inclusions by the USDA Natural Resources Conservation Service (formerly known as the "Soil Conservation Service"), and as mapped for the Soil Survey of Chester and Delaware Counties, shall be considered hydric soils in Upper Uwchlan Township, including but not limited to the following:

GnA	Glenville silt loam (0 to 3% slopes)
GnB	Glenville silt loam (3 to 8% slopes)
GnB2	Glenville silt loam (3 to 8% slopes, moderately eroded)
GnC2	Glenville silt loam (8 to 15% slopes, moderately eroded)
WaB2	Watchung silt loam (3 to 8% slopes, moderately eroded)
WoA	Worsham silt loam (0 to 3% slopes)
WoB	Worsham silt loam (3 to 8% slopes)
WoB2	Worsham silt loam (3 to 8% slopes, moderately eroded)
WsB	Worsham very stony silt loam (0 to 8% slopes)

IDENTIFIED FLOODPLAIN AREA

Where site conditions indicate differing location of hydric soils or hydric inclusions, the burden shall be upon the applicant to verify such location(s) to the satisfaction of the Township, otherwise the Soil Survey information shall be presumed to be accurate. Where tile drainage has been introduced to drain soils defined herein as hydric soils, such areas shall be considered hydric for the purposes of Chapter 162, Subdivision and Land Development, or this chapter.

The floodplain area specifically identified in this chapter as being inundated by the 100-year flood.

[Added 9-18-2006 by Ord. No. 06-07]

IMPERVIOUS COVER

Land that is occupied by principal and accessory structures, streets, driveways, parking areas and other similar surfaces that prohibit or slow the percolation of water into the soil.

INDUSTRIAL PARK

A grouping of two or more industrial establishments on a lot held in single and separate ownership.

INERT

A nonreactive, nonflammable, noncorrosive material (whether gas, liquid or solid), such as but not limited to argon, helium, krypton, neon, nitrogen and xenon.

[Added 10-18-2021 by Ord. No. 2021-04]

INSTITUTION

A building or grounds, a portion of which is used for the residence of more than four unrelated persons who occupy the buildings for a common purpose to include hospitals, convents, school dormitories, college campuses, nursing homes, the educational, administrative and recreational facilities of such organizations as the YMCA, YWCA, and the like.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and/or discarded materials, including, but not limited to, waste paper, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard.

KENNEL

An operation involving the boarding, sale, breeding, show purposes, or grooming of adult dogs, cats or other domestic animals. Kennels shall be enclosed, including soundproof runs.

LABORATORY

A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.

LAND DEVELOPMENT

Any of the following activities:

[Amended 9-18-2006 by Ord. No. 06-07]

The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.

A subdivision of land.

LAND DISTURBANCE

Any activity that exposes soils, alters topography and/or alters vegetation, except for removal of hazardous or invasive alien vegetation. Customary agricultural practices such as tilling, plowing, mowing and harvesting are excluded from the definition of land disturbance.

[Added 6-17-2002 by Ord. No. 02-04]

LANDSCAPE PLAN

A plan conforming to the requirements of § 162-57 of Chapter 162, Subdivision and Land Development, required to accompany subdivision and/or land development plans, or as otherwise required pursuant to the provisions of this chapter.

[Added 6-17-2002 by Ord. No. 02-04]

LANDSCAPING

The planting of turf or other appropriate ground cover or the planting of deciduous and evergreen trees and shrubbery, including the maintenance thereof, for control of erosion, retention of precipitation, protection against the elements, and promotion of human comfort and welfare.

LICENSE

According to usage:

When applied to mobile home parks, shall mean written approval by the Township of Upper Uwchlan, a prerequisite of which shall be approved by the Department of Health, and compliance with all applicable regulations of this, or other applicable ordinances.

When applied to erection of signs, shall mean written approval by the Township of Upper Uwchlan, a prerequisite of which shall be compliance with all applicable regulations of this and other applicable ordinances.

[Amended 12-15-2003 by Ord. No. 03-05]

LIVESTOCK

Animals of any kind kept or raised for use or pleasure, especially meat and dairy cattle and draft animals, opposed to dead stock.

LOADING SPACE

A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles, while loading or unloading merchandise or materials.

LOT

A parcel of land which is occupied or is to be occupied by one principal building and other permitted uses, or in the case of multifamily dwellings or multiuse commercial and industrial developments to be occupied by two or more principal buildings, and such open spaces as are arranged or designed to be used in connection with such principal buildings or other structures or uses, such open spaces and the area and dimensions of such lot being not less than the minimum required by this chapter.

LOT AREA

The area of land included within the title lines of a lot. The following shall not be included when determining the minimum lot area calculated for development, providing that compliance to the following shall not be required if the proposed lot is two acres or more:

Any land lying within the Flood Hazard District as defined within Chapter 82, Floodplain Management, of this Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Area within the title line set aside as a right-of-way for a street, public or private utilities and all areas of easements and rights-of-way including easements of access, provided that utility easements servicing only that particular lot are not excluded and further providing that sanitary sewer and water line easements and rights-of-way shall not be excluded.

[Amended 7-4-1991 by Ord. No. 91-03]

MEDICAL MARIJUANA DISPENSARY

Any land containing slopes in excess of 25%.

LOT COVERAGE

The percentage of lot area covered by any and all impervious materials, such as buildings, paved parking areas, paved walks, terraces and similar surfaces which do not normally absorb rainfall.

LOT DEPTH

The distance along a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.

LOT LINE

A 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 such 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 lines even though such may be the property boundary line in a deed.

LOT LINE, FRONT

The lot line abutting a street and coinciding with the street line, and in the case of a corner lot, both street-abutting lot lines. In the case of an interior lot, the front lot line shall be that property line generally parallel to the street line providing access to the lot.

LOT LINE, REAR

A lot line opposite and most distant from the front lot line; if the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE

Any lot line connecting a front or rear lot line.

LOT WIDTH

The distance, in feet, between two opposite side lot lines, measured at the building setback line.

LOT, CORNER

A lot at the junction of, and abutting on two or more intersecting streets, or at the point of abrupt change in direction of a single street the interior of which is not greater than 135°.

LOT, INTERIOR

Any lot which only has access to a street by either an easement or right-of-way; or any lot which has limited frontage to a street by virtue of being flag-shaped.

LOT, REVERSE FRONTAGE

Lots which are situated between two public streets, but provide vehicular access solely from the street with the lesser highway functional classification.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

[Added 11-18-1996 by Ord. No. 96-06; amended 9-18-2006 by Ord. No. 06-07]

LUMEN

The luminous flux emitted by a lamp or lighting fixture.

[Added 6-17-2002 by Ord. No. 02-04]

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

[Amended 9-18-2006 by Ord. No. 06-07]

MANUFACTURED HOME PARK

A parcel of land under single ownership, which has been planned and improved for the placement of two or more manufactured homes for nontransient use.[4]

[Amended 9-18-2006 by Ord. No. 06-07]

MEDICAL MARIJUANA

Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania pursuant to the Pennsylvania Medical Marijuana Act, 35 P.S. § 10231.101 et seq.

[Added 6-19-2017 by Ord. No. 2017-02]

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the commonwealth to dispense medical marijuana.

[Added 6-19-2017 by Ord. No. 2017-02]

MEDICAL MARIJUANA GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department of Health (DOH) of the commonwealth to grow and process medical marijuana.

[Added 6-19-2017 by Ord. No. 2017-02]

MINI-MARKET

A retail store selling a variety of food, beverages, drugs, reading material, or household supplies and having a floor area not exceeding 2,500 square feet.

MINIMIZE

To reduce to the smallest amount or extent possible. "Minimize" shall not mean complete elimination but shall require that the most substantial efforts possible under the circumstances have been taken to reduce the adverse effect(s) of the action required to be minimized. "Minimize" shall include but not be limited to the requirement that the placement of dwellings and other structures and the locations of roads, stormwater management facilities, and other land disturbance shall be planned and designed to reduce the adverse effect(s) of the activity in question to the smallest amount possible under the circumstances consistent with otherwise permitted development.

[Added 6-17-2002 by Ord. No. 02-04]

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

[Amended 9-18-2006 by Ord. No. 06-07]

MITIGATE

[Added 6-17-2002 by Ord. No. 02-04]

An action undertaken to accomplish one or more of the following:

Avoid and minimize impacts by limiting the degree or magnitude of the action and its implementation.

Rectify the impact by repairing, rehabilitating or restoring the impacted environment.

(c)

Reduce or eliminate the impact over time by preservation and maintenance operations during the life of the action.

NO-IMPACT HOME-BASED BUSINESS

If the impact cannot be mitigated in accordance with Subsection 1(a) through (c) of this definition above, compensation for the impact shall be provided by replacing the environment impacted by the project or by providing substitute resources or environments.

MIXED-USE DWELLING

Dwelling unit(s) above or behind a nonresidential use within the same building, physically separated from any other dwelling unit. Each unit has independent access to the outside; however, in some cases access may be accomplished by a common hallway in accordance with building codes and fire regulations. The outside access shall be separate from the access for the associated nonresidential use.

[Added 6-15-2020 by Ord. No. 2020-01]

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, which said lot is leased by the park owner to the occupants of the mobile home erected on the lot.

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

[Added 6-16-2014 by Ord. No. 2014-03]

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

[Added 6-16-2014 by Ord. No. 2014-03]

MOTEL

A building or a group of two or more detached or semidetached buildings contained on a lot held in single and separate ownership, containing rental units having separate entrances provided directly, or closely in connection with automobile parking or storage space serving such units, which rental units are designed, intended or used principally for the providing of sleeping accommodations for automobile travelers, and which are suitable for occupancy throughout the year.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after March 10, 1976, and includes any subsequent improvements thereto.

[Added 11-18-1996 by Ord. No. 96-06; amended 9-18-2006 by Ord. No. 06-07]

NEW STRUCTURE

Structure for which the start of construction commenced on or after April 21, 1975, and includes any subsequent improvements to such structures.

[Added 11-18-1996 by Ord. No. 96-06]

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 1-17-2006 by Ord. No. 06-01]

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)

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.

(6)

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.

(7)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8)

The business may not involve any illegal activity.

NONCONFORMITY

A building or other structure, use or lot by which reason of design, size or use, does not comply with the applicable use or area and bulk requirements of this chapter or amendment thereto, heretofore or hereafter enacted where such nonconformity was lawfully in existence prior to the application of such ordinance or amendment to its location by reason of annexation.

All nontower wireless communications facilities, including, but not limited to, antennas and related equipment. Nontower WCF shall not include support structures for antennas and related equipment.

[Added 6-16-2014 by Ord. No. 2014-03]

OLDFIELD

A former agricultural field, pasture, orchard or nursery, where agricultural use has been abandoned and natural succession has been allowed to occur, but where most naturally occurring trees are not larger than six inches dbh.

[Added 6-17-2002 by Ord. No. 02-04]

OPEN PIT MINING

All activity which removes from the surface or beneath the surface of the land some material, mineral, resource, natural resource, or other element of economic value, by means of mechanical excavation necessary to separate the desired material or an undesirable one, or to remove the strata or material which overlays or is above the desired material in its natural condition and position. Open pit mining includes, but is not limited to, the excavation necessary for the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale, and iron ore.

OPEN SPACE

The unoccupied area of a lot. Open space does not include the areas of principal and accessory structures, streets, driveways, or parking areas; but may include areas occupied by walkways, patios and porches without roofs, playgrounds and other areas occupied by outdoor recreation or play apparatus, gardens and trees.

OPEN SPACE MANAGEMENT PLAN

A plan which provides for the long-term management over time of private, public, or common open space, in accordance with Article XIV of this chapter.

[Added 6-17-2002 by Ord. No. 02-04]

PARKING SPACE

A reasonably level space, having a surface slope not exceeding 5%, 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 exclusive of passageways, driveways, or other means of circulation or access.

PARKING SPACE, ALL-WEATHER

A parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.

PERSON

An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

[Added 9-18-2006 by Ord. No. 06-07]

PLANNED RESIDENTIAL DEVELOPMENT or PRD

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or a combination of residential and nonresidential uses, the development plan for which may not correspond in lot size, bulk, type of dwelling, use, density, intensity, lot coverage and required common open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.

[Added 10-6-1997 by Ord. No. 97-07; amended 12-17-2001 by Ord. No. 01-14]

PLAT

The map or plan of a subdivision of land, whether preliminary or final.

PLAT, RECORD

The final plat, or engineering layout of streets and lot easements, common open spaces and public grounds, which has been duly approved by all necessary officials and recorded in the office of the Recorder of Deeds of Chester County, West Chester, Pennsylvania.

POULTRY

Domesticated birds that serve as a source of eggs or meat and that include among commercially important kinds, chickens, turkeys, ducks and geese, and among kinds chiefly of local interest, guinea fowl, pea fowl, pigeons, pheasants and others.

PRACTICABLE

Reasonably feasible to perform, technically, physically and/or economically, as applicable.

[Added 5-17-2004 by Ord. No. 04-02A]

PRINCIPAL USE

The single dominant use or single main use on a lot.

PUBLIC NOTICE

Notice published in any newspaper of general circulation in Upper Uwchlan Township, once each week for two successive weeks, the first not more than 30 days and the second not less than seven days prior to any public hearing required by this chapter; such notice shall give time and place, and the nature of the matter to be considered.

PUBLIC EMERGENCY SERVICES TELECOMMUNICATIONS ANTENNA SUPPORT STRUCTURE

A telecommunications antenna support structure (tower) to be used principally to elevate antennas and other telecommunications hardware to heights necessary for use as part of a public countywide emergency services communications network providing communications services to the emergency responders that serve Upper Uwchlan Township, Chester County, Pennsylvania, and other Chester County municipalities.

[Added 6-16-2014 by Ord. No. 2014-03]

PUBLIC EMERGENCY SERVICES TELECOMMUNICATIONS FACILITY

A telecommunications facility to be used principally as part of a public countywide emergency services communications network providing communications services to the emergency responders that serve Upper Uwchlan Township, Chester County, Pennsylvania, and other Chester County municipalities. The public emergency services telecommunications facility includes a public emergency services telecommunications antenna support structure as well as supporting structures, buildings, accessories and features that operate in conjunction with the public emergency services telecommunications antenna support structure. For the purpose of this chapter, a public emergency services telecommunications facility is considered a separate use from a tower-based wireless communications facility (tower-based WCF) and/or a wireless communications facility (WCF).

[Added 6-16-2014 by Ord. No. 2014-03]

PUBLIC WATER

Water which is distributed by a municipality or a private company which is subject to control of the Pennsylvania Department of Environmental Protection and the Public Utility Commission, through a network of pipes and for which a fee is charged.

RADIO TOWER

A structure erected for the sole purpose of holding antennas to be used as an accessory use specifically for communications via radio by an individual or company holding a valid active radio license issued by the Federal Communications Commission.

RECREATION, ACTIVE

Those recreational pursuits which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts, and swimming pools.

RECREATION, PASSIVE

Recreational pursuits which can be carried out with little alteration or disruption to the area in which they are performed. Such uses include, but are not limited to, hiking, biking and picnicking.

RECREATIONAL VEHICLE

A vehicle which is:

[Added 11-18-1996 by Ord. No. 96-06; amended 9-18-2006 by Ord. No. 06-07]

Built on a single chassis;

Not more than 400 square feet, measured at the largest horizontal projections;

Designed to be self-propelled or permanently towable by a light-duty truck;

REGULATORY FLOOD ELEVATION

Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

The 100-year flood elevation plus a freeboard safety factor of 1 1/2 feet.

[Added 9-18-2006 by Ord. No. 06-07]

RENTAL UNIT

An individual space offered for rent or lease within a motel, hotel, rooming house, tourist home, institutional home, dormitory, or in a professional or commercial office building.

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on average, equals or exceeds 25% of the market value.

[Added 9-18-2006 by Ord. No. 06-07]

RESTAURANT

A retail establishment furnishing food and beverages to the public for consumption on the premises or for consumption off the premises, or both. Restaurants may be further classified as a "drive-through restaurant."

[Amended 10-17-2022 by Ord. No. 2022-06]

RESTAURANT, DRIVE-THROUGH

A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, where service to customers is either through an exterior window in the establishment or directly to parked vehicles on the premises.

[Amended 10-17-2022 by Ord. No. 2022-06]

RESTRICTED OPEN SPACE

A parcel or parcels of land or an area of water, or a combination of land and water conforming to the criteria of § 200-69 of this chapter and which, regardless of ownership, is permanently restricted from further subdivision or development for other than open space purposes permitted in accordance with § 200-69.

[Added 10-6-1997 by Ord. No. 97-07; amended 12-17-2001 by Ord. No. 01-14]

RETAIL TRADE

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and vending services incidental to the sale of such goods, such as, but not limited to, hardware store, pharmacy, magazine/book store, florist or clothing store.

RIGHT-OF-WAY or ROW

The surface of and space above and below any real property in the Township in which the Township or commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township or commonwealth.

[Amended 6-16-2014 by Ord. No. 2014-03]

RIPARIAN BUFFER AREA

Any area comprised of one or more of the following:

[Added 6-17-2002 by Ord. No. 02-04]

Any area within 75 feet of the bank of any stream;

Any wetlands and any area within 25 feet of any wetland; and

Any area of hydric soil.

SANITARY LANDFILL

A lot or land or part thereof municipally operated and used primarily for the disposal of garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from industrial, commercial, agricultural, and residential activities. The operation of a sanitary landfill normally consists of:

Depositing the discarded material in a planned controlled manner;

Compacting the discarded material in thin layers to reduce its volume;

Covering the discarded material with a layer of earth; and

Compacting the earth cover.

SENIOR LIVING FACILITY

A planned use designed to provide a range of senior housing options, specialized services, support and security, and any combination of levels of health care, including independent living, assisted living, memory care, and long-term and short-term skilled nursing care, together with an array of ancillary facilities intended to meet the social, recreational, cultural and religious needs of the residents.

[Added 1-16-2018 by Ord. No. 2018-01]

SEWAGE DISPOSAL

INDIVIDUALThe disposal of sewage from one dwelling unit by use of septic tanks or other safe and healthful means, approved by the Chester County Health Department. Such system shall be totally within the confines of the lot on which the use is located, or shall be located within an easement designated for such purpose on another lot.

CENTRAL/COMMUNITY COLLECTION AND TREATMENT (COLDS)A sanitary sewage system which carries sewage from individual dischargers by a system of pipes to one or more common treatment and disposal facilities, either on-site or off-site, and approved by the Pennsylvania Department of Environmental Protection.

PUBLIC SEWAGE SYSTEMAn off-site system for treatment and disposal of sewage in which sewage is conveyed by interceptor to the treatment facility operated by the Downingtown Regional Municipal Authority, and disposed of through means approved by the Pennsylvania Department of Environmental Protection.

SHOPPING CENTER

The multiple use of a single property for a group of stores planned and designed as an integrated unit with controlled ingress and egress and off-street parking provided on the property as an integral part of the unit.

SIGN

Any structure or part thereof or any device attached to a building wall or other outdoor surface which has painted or otherwise represented thereupon the display or inclusion of any letter, word, model, banner, pennant, insignia, device, trade flag, symbol, or representation which is in the nature of, or which is used as, an announcement, direction, or advertisement for commercial purposes or otherwise to bring the subject thereof to the attention of the public, or to display, identify and publicize the name and product or service of any person. A sign includes a billboard, neon tube, string of lights or similar device outlining or placed upon any part of a building or lot. For the purpose of ascertaining whether any sign is no more than the dimensions permitted by this article, the gross sign area shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign, and in no case passing through or between adjacent elements of the same. For measurement of gross sign area, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. In the case of an open sign, made up of individual letters, figures or designs, the space between such letters, figures, or designs shall be included. The total area of both sides of a double-sided sign, including V-type signs, shall be included in the computation of gross sign area. Signs which are composed of letters, words, or representations only and which do not form a square or rectangular pattern shall be considered to include in gross sign area a square or rectangle as drawn at the outer limits of the letters, words, or representations. The following sign types and parameters may also be recognized and regulated by this chapter:

[Amended 12-15-2003 by Ord. No. 03-05]

SIGN, ACCESSORY USESigns that identify or advertise home occupations.

SIGN, BUSINESSA sign that announces or directs attention to a business, produce, activity, commodity, or service conducted, sold or offered upon the same premises as those upon which the sign is maintained.

SIGN, DIRECTIONALA sign conveying instructions with respect to the premises near or on which it is maintained, such as the entrance and exit of a parking area, a warning sign, a danger sign, and similar information signs.

SIGN, DOUBLE FACEDA sign with two faces which displays the same message on each face, with each of the sign faces being parallel to one another or separated by an interior angle of no greater than 45°.

SINGLE AND SEPARATE OWNERSHIP

SIGN, FREESTANDINGA detached sign which shall include any sign, uprights or braces placed upon or in the ground and not attached to any building (e.g., monument signs, pole signs).

(6)

SIGN, IDENTIFICATIONA sign that identifies only the occupant of the premises, the profession or occupation of the occupancy, and/or the name of the building upon which the sign is placed.

(7)

SIGN, ILLUMINATEDA nonflashing or nontwinkling sign which has characters, letters, figures, designs, or outlines illuminated by direct or indirect electric lighting or luminous tubes as part of the sign.

(8)

SIGN, MONUMENTA low profile freestanding sign. A monument sign shall include a support structure of wood, masonry, or concrete that is incorporated into the overall design of the sign.

(9)

SIGN, OFFICIAL TRAFFICSigns erected by the Commonwealth of Pennsylvania Department of Transportation, the Pennsylvania Turnpike Commission, or Upper Uwchlan Township which are designed to regulate traffic, describe road conditions, or supply directions.

(10)

SIGN, OFF-PREMISES DIRECTIONALWhere permitted, any nonilluminated sign located off the immediate premises of the use or activity which it announces, or to which it is directing attention, limited to civic or service clubs, churches, schools, nonprofit organizations, or other public or quasi-public sites or facilities.

(11)

(Reserved)[5]

(12)

SIGN, OUTDOOR ADVERTISING BILLBOARDA large sign intended to display one or more advertisements, whose area shall not exceed 700 square feet and whose height from grade to top of sign face is no greater than 30 feet. Such signs shall meet all provisions in § 200-98I.

[Amended 11-5-2007 by Ord. No. 07-11; 6-15-2020 by Ord. No. 2020-01]

(13)

SIGN, PORTABLESigns that can either be attached or mounted on wheels or transported by flatbed trailer.

(14)

SIGN, PROJECTINGA sign, other than a wall sign, that projects from and is supported by a wall of a building or structure.

(15)

SIGN, READERBOARDA sign so designed that the message may be changed by the removal or addition of specially designed letters that attach to the face of the sign.

(16)

SIGN, REAL ESTATEA temporary sign indicating the sale, rental, or lease of the premises on which the sign is located.

(17)

SIGN, TEMPORARYA sign notifying or advertising a special event, or another effort of short duration, such as festivals, concerts, or exhibits, or work of a temporary contractor.

(18)

SIGN, WALLAny sign erected against the wall of any building, or displayed on doors, or displayed with the exposed face thereof in a plane parallel to the face of said wall or door and which sign is mounted at a distance measured perpendicular to said wall not greater than 12 inches.

The ownership of property by any person, partnership, or corporation, which ownership is separate and distinct from that of any adjoining property.[6]

SOLID WASTES

All refuse including garbage and trash, and all material which is putrescible and originating from the preparation, cooking and consumption of food and market produce.

SPECIAL EXCEPTION

Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XX, § 200-126, herein, only in situations where provisions therefor are specifically made by the terms of this chapter.

SPECIAL PERMIT

A special approval which is required for hospitals, nursing homes, jails, and new manufactured home parks and subdivisions and substantial improvements to such existing parks, when such development is located in all, or a designated portion, of a floodplain.

[Amended 9-18-2006 by Ord. No. 06-07]

SPECIMEN TREE

Any tree equal to or exceeding 24 inches dbh or any other unique or otherwise specifically selected plant or tree which most typically represents a class or group in terms of shape, form, historical importance or other characteristics and which may be designated as such by the Township.

[Added 6-17-2002 by Ord. No. 02-04]

STEALTH TECHNOLOGY

Camouflaging methods that are used in the installation of wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, flagpoles and light poles.

[Added 6-16-2014 by Ord. No. 2014-03]

STEEP SLOPE

The Steep Slope Conservation District consists of two areas (i.e., prohibitive and precautionary slopes) which are defined as follows:

[Added 12-15-2003 by Ord. No. 03-05]

SLOPE, PRECAUTIONARYPrecautionary slopes are those land areas with slopes between 15% and 25%; the methodology for delineation of precautionary slopes is established in this chapter.

SLOPE, PROHIBITIVEProhibitive slopes are those land areas with slopes of 25% or greater; the methodology for delineation of prohibitive slopes is established in this chapter.

STORY

That portion of a building comprised between the surface of any floor and the surface of any floor or roof next above.

STREET

Includes street, avenue, boulevard, road, highway, freeway, land, alley, viaduct, and any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STREET LINE

The right-of-way, or the dividing line between a lot and the outside boundary of a public street, road, or highway, legally open or officially plotted, or between a lot and a privately owned street, road or way over which the owners or tenants of two or more lots, each held in single and separate ownership, have the right-of-way.

STRUCTURAL ALTERATION

Any change in or addition to the supporting or structural members of a building, or other structure, such as the bearing wall, partitions, columns, beams or girders, or any change which could convert an existing building or other structure into a different structure; or adapt it to a different use, or which, in the case of a nonconforming building or other structure, would prolong the life of such building or other structure.

STRUCTURAL UNIT

One or more buildings enclosed by continuous exterior walls and a continuous roof.

STRUCTURE

Anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes, and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water whether or not affixed to land.

[Amended 9-18-2006 by Ord. No. 06-07]

SUBDIVISION

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.

[Amended 9-18-2006 by Ord. No. 06-07]

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

[Added 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No. 06-07]

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss regardless of the actual repair work performed. The term does not, however, include either:

[Amended 11-18-1996 by Ord. No. 96-06; 9-18-2006 by Ord. No. 06-07]

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

SUBSTANTIALLY CHANGE

[Added 6-16-2014 by Ord. No. 2014-03]

Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.

SWIMMING POOL

A structure, above or below ground level, for the purpose of containing water to a depth, at any point, in the excess of two feet and intended primarily for recreation, without regard to material of its construction.

TENTATIVE PLAN

A plan submitted as part of application for approval of a planned residential development (PRD) in accordance with § 200-71 of this chapter and the Municipalities Planning Code.[7] The tentative plan shall depict the location of proposed land uses, common open space, collector and arterial roads, stormwater management system, density and intensity of development.

[Added 10-6-1997 by Ord. No. 97-07; amended 12-17-2001 by Ord. No. 01-14]

THEME LIGHTING

Exterior fixtures and posts which are manufactured to a high level of design and craftsmanship from material such as (but not limited to) wrought iron, cast aluminum, brass or copper, and installed to be consistently used throughout designated areas of Upper Uwchlan Township including, for example, locations where promotion of a particular village character or historical theme is desired.

[Added 6-17-2002 by Ord. No. 02-04]

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs. For the purpose of this chapter, a public emergency services telecommunications facility is considered a separate use from a tower-based wireless communications facility (tower-based WCF).

[Added 6-16-2014 by Ord. No. 2014-03]

TRAILER CAMP

Any land used or designated to be used as a temporary parking space for more than one house trailer, or dependent mobile home; not a permitted use.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

[Added 9-18-2006 by Ord. No. 06-07]

USE

Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, or occupation carried on, or intended to be carried on, in a building or other structure or a tract of land.

USE, ACCESSORY

A use subordinate to the principal use of land or of a building or other structure on a lot and customarily incidental thereto.

USED CAR LOT

Any land used or occupied for the purpose of buying and selling secondhand motor vehicles and storing said motor vehicles prior to sale, but excluding body and fender repair, painting, and the sale of fuel or lubricants for motor vehicles.

UTILITIES

Sanitary sewer lines, water lines, fire hydrants, street lights, storm sewer lines, manholes, inlets, catch basins, gas lines, electric lines/conduits, telephone lines/conduits, cable lines/conduits and other facilities of the same general character.

[Added 12-15-2003 by Ord. No. 03-05]

VARIANCE

Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XX, § 200-126, herein, constituting a modification of, or deviation from, the exact provisions of this chapter as applied to a specific piece of property.

VEHICULAR SALES ESTABLISHMENT

A building or lot or part thereof used for the sale of, hire of, or remuneration from automotive equipment, including vehicular accessory sales, but not the sale of "junked" vehicular equipment.

VEHICULAR SERVICE ESTABLISHMENT

A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks and which may include accessory facilities for rendering services, such as lubrication, washing, and minor repairs.

WALKWAY, PUBLIC

Any space designed or maintained solely for public pedestrian use, without regard to ownership.

WALL

See "fence."

[Added 12-15-2003 by Ord. No. 03-05]

WATERCOURSE

That channel on the land surface, or other plainly observable evidence on the ground, where water flow is visibly definable, but not necessarily present, as a result of seasonal or ongoing hydrologic events such as, but not including, runoff, melting, springs, or ponding.

[Added 12-15-2003 by Ord. No. 03-05]

WATERS OF THE COMMONWEALTH

Any and all rivers, streams, creeks, lakes, rivulets, dammed water, ponds, springs, and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or in the boundaries of the Commonwealth of Pennsylvania.

WATER SUPPLY

INDIVIDUALA safe and healthful supply of water, to a single user from a private well located on the lot in which the use is located.

COMMUNITYA system for supplying water from a common source or sources to all dwellings and other buildings within a development. The water supply source may be located on-site and/or off-site and may be publicly or privately owned.