As used in these regulations, words expressed
in their singular include their plural meanings; and words expressed
in their plural include their singular meanings. The word "person"
includes a corporation, unincorporated association and a partnership,
as well as an individual. The words "building" and "street" are used
generally and shall be construed as if followed by the phrase "or
part thereof." The word "may" is permissive; the words "shall" and
"will" are mandatory.
The following words or phrases, when used in
this chapter, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning. Any
word or term not defined herein shall be used with a meaning of standard
usage.
ACRE
Includes the following definitions:
[Added 9-26-2007 by Ord. No. 1901]
A.
ACRE, GROSS ACRE, or GROSS ACREAGEAn area of 43,560 square feet and includes the total area within the property lines of a lot or parcel of land before public streets, flood control channels or basins, or other areas to be dedicated or reserved for public use are deducted from such lot or parcel, including property previously dedicated.
B.
NET ACREAGEAn area that excludes public streets, alleys, flood control channels or basins, or other areas to be dedicated or reserved for a public use, including property previously dedicated, either abutting on, running through or within a building site.
AGENT
Any person, other than the landowner of a lot, who, acting
under specific authorization of the landowner, submits plans, data
and/or applications to the Zoning Officer or Township Planning Commission
for the purpose of obtaining approval thereof.
ALLEY
A right-of-way providing secondary vehicular access to the
side or rear of two or more properties.
ALTERATION
As applied to a building or structure, a change or rearrangement
in the structural parts or an enlargement, whether by extending on
a side or increasing in height, or the moving from one location or
position to another.
AMUSEMENT SYSTEM
Any ride, device, building or structure that is used primarily
for human entertainment and enjoyment which is either moving or stationary.
The Building Official shall make the final determinations to whether
a ride, device, or structure shall be classified under this definition.
For the purposes of this chapter, slot machines, electronic gaming
devices, pinball games or electronic arcade games, and nonmotorized
playground equipment are not amusement systems. (See also "recreational
facility.")
[Added 9-26-2007 by Ord. No. 1901]
AMUSEMENT/THEME PARK
A facility composed of one or more buildings or structures
operated for a profit on a permanent basis, including a use which
is designed to provide indoor or outdoor entertainment, pleasure,
or relaxation which may promote some theme, motif, or concept and
may provide lifts, tramways, monorails, elevators, escalators, roller
coasters, or other conveyances or rides for the entertainment or amusement
of the public. (See also "man-made recreational water theme park.")
[Added 9-26-2007 by Ord. No. 1901]
ANTENNA
Any system of wires, poles, rods, reflecting discs or similar
devices used for the transmission or reception of electromagnetic
waves external to or attached to the exterior of any building or ground
mounted. (See also "communication antenna" and "satellite dish antenna.")
[Added 9-26-2007 by Ord. No. 1901]
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
AREA
A.
LOT AREAThe area contained within the property lines of individual parcels of land shown on a plan, excluding any area within a street right-of-way but including the area of any easement or future street right-of-ways and shall exclude the area required for a sidewalk.
B.
BUILDING AREAThe aggregate of the maximum horizontal cross-section area of the building on a lot, excluding cornices, eaves, gutters, or chimneys projecting not more than 18 inches, steps, one-story porches, bay windows not extending through more than one story and not projecting more than five feet, balconies and terraces.
C.
FLOOR AREAThe sum of the areas of the several floors of a building structure including areas used for human occupancy, and basements, attics and penthouses, measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy or any floor space in an accessory building or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter or any such floor space intended and designed for accessory heating and ventilating equipment. It does include the area of a commercial deck or patio and said area shall be included when calculating the parking requirements of this chapter.
[Amended 4-23-2003 by Ord. No. 1839]
D.
SITE AREAThe total area of a proposed development, regardless of interior lot lines or proposed lots, streets or easements.
AUTHORITY
(See "municipal authority.")
[Amended 10-25-2000 by Ord. No. 1808]
BANQUET FACILITY
An establishment that is rented by individuals or groups
to accommodate private functions, including, but not limited to, banquets,
weddings, anniversaries and other similar celebrations. Such a use
may or may not include kitchen facilities for the preparation or catering
of food, the sale of alcoholic beverages for on-premises consumption,
only during scheduled events and not open to the general public, and
outdoor gardens or reception facilities.
[Added 9-26-2007 by Ord. No. 1901]
BASEMENT
That portion of a building which is partly or completely
below grade (see "story, above grade").
[Amended 11-30-1993 by Ord. No. 1712]
BLOCK WALL
See "walls, perimeter."
[Added 9-26-2007 by Ord. No. 1901]
BOARD
Any body granted jurisdiction under the Municipalities Planning
Code or this chapter to render final adjudications, including
but not limited to the Board of Commissioners of the Township of Ridley,
the Ridley Township Planning Commission and the Ridley Township Zoning
Hearing Board.
BOARDINGHOUSE
A dwelling designed to accommodate three or more roomers.
BUFFER WALL
See "walls, perimeter."
[Added 9-26-2007 by Ord. No. 1901]
BUILDING
A structure having a roof which is used for the shelter or
enclosure of persons, animals or property. The word "building" shall
include any part thereof.
A.
ACCESSORY BUILDINGA subordinate building located on the same lot as a principal building, and clearly incidental and subordinate to the principal building, including, but not limited to, utility buildings, tool sheds, noncommercial greenhouses, etc. Any part of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
B.
PRINCIPAL BUILDINGA building in which is conducted or intended to be conducted any principal use of the lot on which it is located.
D.
BUILDING HEIGHTA vertical distance measured from the mean elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck lines of mansard roofs and to the mean height between eves and ridge for gable, hip or gambrel roofs.
E.
BUILDING PERMITAny permit required by this chapter or other Township ordinances for the construction, alteration or razing of any structure.
F.
BUILDING SETBACK LINEA line within a property defining the required minimum distance between any structure and any adjacent street.
BULKHEAD
An embankment or a wall along a body of water that acts as
a protective barrier. (See "walls, perimeter - retaining wall.")
[Added 9-26-2007 by Ord. No. 1901]
BULKHEAD LINE
An artificial line established in or along a river, watercourse
or body of water designating the maximum distance or limit that land
filling will be permitted. For the purpose of this chapter, the bulkhead
line is the boundary line of the floodway as shown on the Flood Insurance
Rate Maps prepared by the Federal Emergency Management Agency, or
the boundary line of the floodway as determined by hydrologic and
hydraulic analysis performed by professional engineers or others of
demonstrated qualifications, who shall certify that the technical
methods used correctly reflect currently accepted technical concepts.
(Also see: "flood fringe," "floodplain," and "floodway.")
[Added 9-26-2007 by Ord. No. 1901]
CARPORT
An accessory use consisting of a covered parking space, not
completely enclosed by walls or doors, and for the accommodation of
an automobile. A carport is subject to regulations for a garage.
[Added 9-26-2007 by Ord. No. 1901]
CARTWAY
The portion of a street or alley right-of-way intended for
vehicular use.
CASINO
Any place where gaming is operated or maintained, except
that casino shall not be construed to include any place devoted to
the use of 15 or fewer slot machines. (Also see "hotel, resort.")
[Added 9-26-2007 by Ord. No. 1901]
CHANGE OF USE
An alteration of a building or a change of use theretofore
existing within a building or on a lot to a new use which imposes
other provisions of law governing building construction or zoning
regulations.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersection defined
by two street lines and by a line of sight between two points on the
street lines at a given distance from the intersection.
COMMERCE
The purchase, rental, sale or other transaction involving
the handling or disposition of any article, substance or commodity
for profit or livelihood, or the ownership or management of office
buildings, offices, recreational or amusement enterprises, motels,
garages, hotels, outdoor advertising and outdoor advertising structures,
or shops conducted for the sale of personal services and other similar
enterprises of the same class.
[Added 9-26-2007 by Ord. No. 1901]
COMMERCIAL COMPLEX
A commercial or industrial development with more than one
user and which share common parking and/or vehicular access.
[Added 9-26-2007 by Ord. No. 1901]
COMMERCIAL PAD SITE
A freestanding building or prepared building area within
a commercial complex that is usually located significantly closer
to the street than any other adjacent commercial buildings.
[Added 9-26-2007 by Ord. No. 1901]
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
public streets, off-street parking areas, and areas set aside for
public facilities.
COMMUNICATION ANTENNA
A structure intended for use in the wireless transmission
or relaying of any portion of the electromagnetic spectrum, including
television, radio, telephonic, or any other type of communicative
transmission that is to be affixed to another building or structure,
including the equipment necessary for its use, but not including structures
for signal reception only. (See "antenna.")
[Added 9-26-2007 by Ord. No. 1901]
COMMUNICATION BUILDING
A building used by private, public, or quasi-public communication
providers for the purpose of housing communication equipment, such
as, but not limited to, computer network server connections and electronic
cabling systems, but not including communication antennas and towers
or offices for permanent staff. (Also see "communication antenna"
and "communication tower.")
[Added 9-26-2007 by Ord. No. 1901]
COMMUNICATION TOWER
A freestanding structure designed to accommodate one or more
communication antennas. Communication towers shall be considered to
mean the tower plus the antenna(s) to be affixed to the tower.
[Added 9-26-2007 by Ord. No. 1901]
COMPREHENSIVE PLAN
The complete plan for the continuing development and redevelopment
of Ridley Township as recommended by the Planning Commission.
CONDITIONAL USE
A use which may be permitted in one or more zoning districts upon the recommendation of the Planning Commission to the governing body which may grant approval pursuant to applicable standards and criteria expressed in this chapter, the Chapter
268, Subdivision and Land Development, and other applicable regulations.
CONFERENCE CENTER
A facility used for conferences, seminars and similar events
with accommodations for sleeping, food preparation/service, and eating.
The center may include banquet facilities, recreation, entertainment,
meeting rooms, fitness and health facilities, retail stores, personal
service such as beauty and barbershops and similar uses customarily
included in conference centers.
[Added 9-26-2007 by Ord. No. 1901]
COUNTY
Delaware County, Pennsylvania.
DAY-CARE HOME
A dwelling which is also used to provide care for no more
than six nonresident children for part of the day and is licensed
or registered with the state for that purpose.
DECISION
Final adjudication of any board or other body granted jurisdiction
under this chapter or the Pennsylvania Municipalities Planning Code granted jurisdiction to do so, either by reason of the
grant of exclusive jurisdiction or by reason of appeals from determinations.
All decisions shall be appealable to the Court of Common Pleas of
the County of Delaware and judicial district wherein Ridley Township
lies.
DECKS AND PATIOS
A deck or patio shall be an area surfaced with material such
as but not limited to wood or masonry; with a roof or awning and walls
or other appurtenance extending not more than 48 inches above the
surface of the deck or patio; and constructed outside of the exterior
walls of the principal building, whether attached or unattached.
[Added 4-23-2003 by Ord. No. 1839; amended 2-25-2004 by Ord. No.
1853]
A.
COMMERCIAL DECK OR PATIOIn addition to the above, commercial decks or patios shall comply with lot coverage and side and rear yard setback regulations as set forth in the applicable provisions of this Code as well as the land development process. A commercial deck or patio shall be constructed only at the rear and/or side of the building. However, it shall not be constructed at the side of a building that faces a street but may be constructed at the rear of a building that faces a street. No commercial deck or patio shall be operated if within 100 feet of a residential use, as measured from the deck or patio to the residential property line. All decks or patios are limited to direct access from the first floor of the establishment only.
DEDICATION
The deliberate appropriation of land by its owner for any
general and public uses, reserving to himself no other rights than
are compatible with the full exercise and enjoyments of the public
uses to which the property has been devoted.
DETERMINATION
A.
Final action by an officer, body or agency charged
with the administration of this chapter or applications thereunder,
except the following:
(1)
The Ridley Township Board of Commissioners;
(2)
The Ridley Township Zoning Hearing Board; or
(3)
The Ridley Township Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under Chapter
268, Subdivision and Land Development, or planned residential development provisions of this chapter.
B.
Determinations shall be appealable only to the
boards designated as having jurisdiction for such appeal.
DEVELOPER
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.
DEVELOPMENT[Amended 11-30-1993 by Ord. No.
1712]:
A.
Any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations or storage of equipment or materials.
B.
"Development" also includes "land development"
and "subdivision."
DEVELOPMENT PLAN
The provisions for development, including a planned residential
development, 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 of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
DISTRIBUTION CENTER
A warehouse or a complex of warehouses with each building
containing a minimum of 72,000 square feet, having a minimum overhead
clearance of 24 feet within the building, with dock-high loading doors
either in a depressed dock well or a flat truck apron, and with no
drop ceiling constructed within the building outside of accessory
office area.
[Added 9-26-2007 by Ord. No. 1901]
DISTRICT
A zoning district as laid out on the Zoning Map, along with
the regulations pertaining thereto.
DRIVE AISLE
The principal means of vehicular access, other than a street,
into and within the development or to lots within the development.
[Added 9-26-2007 by Ord. No. 1901]
DRIVE-THROUGH SERVICE PLACES
An establishment where patrons are served food, refreshments
or beverages for consumption outside the confines of the principal
building or in vehicles parked upon the premises, regardless of whether
or not, in addition thereto, seats or other accommodations are provided
for the patrons; or where patrons are provided with professional or
personal service such as banking, film processing, and the like. (See
also "restaurant, fast food.")
[Added 3-11-1997 by Ord. No. 1758]
DRIVEWAY
The means of ingress and egress from a drive aisle, street,
or access easement into a garage, parking area or entry of a lot or
property.
[Amended 9-26-2007 by Ord. No. 1902]
DWELLING
A building containing one or more dwelling units.
A.
APARTMENTA building designed to provide for the residence of three or more family units living independently of each other, and assigned different sections in the same structure.
B.
MULTIFAMILYA building occupied as a home or residence of two families, under one roof, one living unit of which shall be wholly or partly above the other and each family occupying a single living unit.
C.
SINGLE-FAMILYA building designed for and occupied exclusively as a home or residence for not more than one family.
EAST COAST GREENWAY
A proposed bicycle and pedestrian trail which when completed
is expected to connect the major cities on the eastern seaboard and
extend from Maine to Florida.
[Added 9-26-2007 by Ord. No. 1901]
FAMILY
One or more persons, related by blood, marriage or adoption,
living and cooking together as a single housekeeping unit, or a number
of persons living and cooking together as a single housekeeping unit
though not related by blood, adoption or marriage.
[Amended 10-25-2000 by Ord. No. 1808]
FAMILY-BASED COMMUNITY RESIDENTIAL FACILITY
A residential facility licensed by the appropriate agency
and used as living quarters by unrelated persons requiring special
care, and by their adult supervisors. A family-based community residential
facility is specifically designed to create a residential environment
for the following types of individuals: developmentally disabled,
mentally ill, mentally retarded, physically handicapped, elderly,
dependent children or similar types of individuals who are unable
to live without supervision. The number of residents shall not exceed
eight persons at any one time, including live-in supervision. On-site
supervision shall be provided by responsible adults on a twenty-four-hour-a-day
basis. Residency shall be on a nontransient basis. This definition
shall not apply to a club, lodge, fraternity house, nursing or day-care
facility or similar use.
FENCE
Any artificial barrier constructed of any material or combination
of materials erected for the purpose of screening one property from
another either to assure privacy or protect the property screened.
The restrictions applicable to walls apply to fences, however, a fence
shall not be substituted for a wall when required by the provisions
of this chapter. Includes the following definitions:
[Amended 9-26-2007 by Ord. No. 1902]
A.
DECORATIVE FENCEA fence constructed of decorative wrought iron or similar material in combination with decorative walls and/or columns with not less than 50% of the vertical surface of the fence open. Wire and untreated wood fences are not decorative.
B.
FENCE HEIGHTThe distance from the finished grade to the highest point of the fence, wall or hedge.
C.
SCREEN FENCEA fence designed to block the view of motorists and pedestrians into the interior of a lot to the extent that the activities conducted on the lot are indiscernible. Metal supports and wire mesh capable of blocking 90% of light are permitted, however, slats are not acceptable.
D.
SECURITY FENCEA fence up to 10 feet in height. Security wire, including barbed, razor, or similar wire, may be permitted, but must be above six feet if straight or slanted inward and above eight feet if slanted outward, but must not overhang the property line.
E.
TEMPORARY FENCEA fence constructed to temporarily provide security pending the final development of the lot or to control access, dust, or prevent the dumping of refuse. A temporary fence need not be decorative, and may be allowed at any height required by the Building Official.
FLAG LOT
A lot having less lot frontage than the minimum required
for standard lots by applicable zoning regulations but sufficient
to provide adequate access by way of an access strip or staff, to
the main portion of the lot in the rear, which is intended and suitable
to accommodate a single-family residence in compliance with development
regulations.
FLOOD
A temporary inundation of normally dry land areas.
FLOOD FRINGE
That portion of the floodplain outside the floodway.
FLOODPLAIN
A.
A relatively flat or lowland area adjoining
a river, stream or watercourse which is subject to partial or complete
inundation.
B.
An area subject to the unusual and rapid accumulation
or runoff of surface waters from any source.
FLOODWAY
The designated area of a floodplain required to carry and
discharge flood waters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
FREIGHT TERMINAL
An area and building(s) where cargo is stored and where railroad
cars, aircraft, and/or trucks (including tractors and trailer units)
load and unload cargo for transshipment of distribution on a regular
basis, and which may include facilities for the temporary storage
of loads prior to shipment and facilities for the maintenance of transport
vehicles.
[Added 9-26-2007 by Ord. No. 1901]
FUTURE STREET WIDTH
Lines established adjacent to highways or streets for the
purpose of defining limits within which no structure or any part thereof
shall be erected or maintained in order to ensure the future acquisition
of these limits as public rights-of-way. The term "ultimate right-of-way"
is meant to be the same as future street width.
[Added 9-26-2007 by Ord. No. 1901]
GAMING
Includes all games of chance or devices and any slot or video
poker machines played for money or for checks or tokens redeemable
in money except, for the purpose of this chapter only, gaming shall
not be construed to include slot or video poker machines when such
machines are operated incidental or accessory to the conduct of a
business permitted under the provisions of this chapter. (See "hotel,
resort.")
[Added 9-26-2007 by Ord. No. 1901]
GARAGE
A detached accessory building or a portion of a main building
designed or used for the parking or temporary storage of automobiles
owned and used by the occupants of the premises or their guests or
patrons, or as a principal use as permitted within this chapter. (Also
see "carport.")
[Amended 9-26-2007 by Ord. No. 1902]
GRADE PLANE
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building.
[Amended 11-30-1993 by Ord. No. 1712]
GROUP-BASED COMMUNITY RESIDENTIAL FACILITY
A.
A residential facility in which individuals
reside while receiving therapy, counseling or other rehabilitative
services for the following purposes:
(1)
To assist them in recuperating from the effect
of drugs and/or alcohol.
(2)
To assist them in adjusting to living with handicaps
of mental illness or retardation, emotional disorders or physical
disabilities.
B.
All group-based community residential facilities
shall be licensed by the appropriate state agencies, and the number
of residents shall not exceed six at any one time.
C.
Duration of residence shall not exceed one year.
Supervision by responsible adults shall be available on twenty-four-hour-a-day
basis.
HAZARDOUS MATERIAL OR WASTE
Products or waste products that have potential to be dangerous,
extremely noxious, or cause substantial environmental impacts on or
beyond the boundaries of the property on which the products are used
or stored and includes, but is not limited to, the materials specified
in the Township of Ridley Building Code and/or the Township of Ridley Fire Prevention Code when present in the quantities listed. (Also see "hazardous
materials storage" and "hazardous occupancy.")
[Added 9-26-2007 by Ord. No. 1901]
HAZARDOUS MATERIALS STORAGE
The storage of chemicals, explosives, or other hazardous
materials for commercial or industrial use, or hazardous waste, and
includes the wholesale distribution of chemical products but not the
incidental storage of chemicals for personal use and/or in conjunction
with other uses. A hazardous occupancy is required per the Township
of Ridley Building Code. (Also see "hazardous material or waste," "hazardous occupancy,"
"outside storage/outside display" and "personal use.")
[Added 9-26-2007 by Ord. No. 1901]
HAZARDOUS OCCUPANCY
The use of buildings or structures, or portions thereof for
the purpose of manufacturing, processing, generating, or storing of
hazardous chemicals, explosives, waste, or other hazardous materials
in amounts smaller than those specified in the Township of Ridley
Building Code and/or the Township of Ridley Fire Prevention Code, that constitute a high fire, explosive, or health hazard
and require a hazardous occupancy as determined by the Building Official.
[Added 9-26-2007 by Ord. No. 1901]
HEARING
An administrative proceeding conducted by the Zoning Hearing
Board.
HELIPORT
Any area used or to be used for the landing or takeoff of
helicopters, hot-air balloons, or other steep gradient aircraft capable
of hovering and shall include any and all of the area or buildings
which are appropriate to accomplish these functions.
[Added 9-26-2007 by Ord. No. 1901]
HOME OCCUPATION
Any commercial use conducted entirely within a dwelling unit
and carried on by family members residing in that dwelling unit, the
use of which is clearly incidental and secondary to the use of the
dwelling for dwelling purposes, and does not alter the exterior or
affect the residential character of the neighborhood and, in connection
with which, there is no display, nor stock in trade. Any commercial
use conducted as a home occupation shall not involve the use of any
accessory building or yard space, nor involve any activities not normally
associated with residential use outside of the main building. (Also
see "no-impact home-based business" and "professional office.")
[Amended 9-26-2007 by Ord. No. 1902]
HOTEL
Any building or group of buildings, other than a spa/retreat,
in which there are five or more guest rooms used, designed or intended
to be used, let or hired out for the purpose of offering to the general
public lodging on a day-to-day basis not to exceed 30 consecutive
calendar days, where the primary entrance is through a lobby or foyer
and also that in which there are no provisions for cooking in any
individual room or suite unless specifically permitted by the Zoning
Hearing Board. A hotel may include additional facilities and services,
such as restaurants, meeting rooms, entertainment, personal services
and recreational facilities.
[Added 9-26-2007 by Ord. No. 1901]
HOTEL, RESORT
A building, or complex of buildings or other structures,
kept, used, maintained, advertised and held out to the public to be
a hotel or motel wherein food is served, in which 300 or more guest
rooms are used for sleeping accommodations, and which has amenities
as defined in this chapter, all of which are directly connected to
the complex or building and the proposed or existing gaming operation
and operated in such a manner as to form a part of the same operation
and complex. This shall not be construed to approve any licenses of
liquor and gaming.
[Added 9-26-2007 by Ord. No. 1901]
INDUSTRIAL/TECHNOLOGY CORRIDOR
A strip of land located generally within Eddystone Borough,
Ridley Township and Tinicum Township, between I-95 and the Delaware
River within which the Industrial Corridor Design, Phase 1 component
of the Delaware County Renaissance Program permits lower impact, technology-based
and water-related uses in specified zoning districts.
[Added 9-26-2007 by Ord. No. 1901]
INDUSTRY
The manufacture, fabrication, processing, reduction or destruction
of any article, substance or commodity, or any other treatment, in
such a manner as to change the form, character or appearance or add
value to the final product.
[Added 9-26-2007 by Ord. No. 1901]
LABORATORY
A facility for scientific research or the testing of materials.
[Added 9-26-2007 by Ord. No. 1901]
LAND DEVELOPMENT
Any of the following activities:
A.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(1)
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
(2)
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
C.
The following land development is specifically
excluded from the above definition only when such land development
involves:
(1)
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium; or
(2)
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
LANDOWNER
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land, shall be deemed
to be a landowner for the purpose of this chapter.
LANDSCAPING
Landscaping shall include, but not be limited to, grass and
other plantings such as trees, shrubs and bushes.
LAND USE ORDINANCE
An ordinance or map adopted pursuant to the authority granted in Articles
IV,
V,
VI and
VII of the Pennsylvania Municipalities Planning Code, including but not limited to the following:
B.
The Ridley Township Zoning Map; and
C.
Chapter
268, Subdivision and Land Development, of the Code of the Township of Ridley, as amended and supplemented.
LARGE SCALE RETAIL BUSINESS
A business that exceeds 115,000 gross square feet excluding
outside sales or storage, restrooms and other nonpublic areas.
[Added 9-26-2007 by Ord. No. 1901]
LIVE ENTERTAINMENT
The provision of any amusement or attention engaging activity
by an animal or human performing in person, including, but not limited
to, the performance of acts, music, speech, dance, acrobatics, disc
jockeys, karaoke, or display, but not including adult uses.
[Added 9-26-2007 by Ord. No. 1901]
LOADING SPACE
An off-street space or berth for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
[Added 9-26-2007 by Ord. No. 1901]
LOT
A separate parcel of land that is recorded or that will be
recorded after Township final subdivision approval in the office of
the Delaware County Recorder of Deeds.
[Amended 8-25-2004 by Ord. No. 1869]
LOT AREA
See "area."
[Amended 8-25-2004 by Ord. No. 1869]
LOT, CORNER
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135º at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135º.
[Amended 8-25-2004 by Ord. No. 1869]
LOT DEPTH
The average horizontal distance between the front lot line
to its opposite lot line, measured through the approximate center
of the lot.
[Amended 8-25-2004 by Ord. No. 1869]
LOT, FLAG
An irregularly shaped lot characterized by an elongated extension
from a street to the principal part of the lot. The flagpole shape
of the lot is normally intended to provide for access to an otherwise
landlocked interior parcel.
[Amended 8-25-2004 by Ord. No. 1869]
LOT, INTERIOR
A lot other than a corner lot.
[Added 8-25-2004 by Ord. No. 1869]
LOT LINE
The property lines bounding the lot.
[Amended 8-25-2004 by Ord. No. 1869]
B.
REAR LOT LINEA lot line that is parallel to or within 45º of being parallel to a front lot line, except for a lot line that is itself a front lot line. In the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not front lot lines is to be considered a rear lot line. In the case of a lot of an odd shape, only the one lot line furthest from any street shall be considered a rear lot line. A three-sided or triangular lot has no rear lot line.
LOT, MANUFACTURED HOME
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single manufactured home.
[Amended 8-25-2004 by Ord. No. 1869]
LOT, NONCONFORMING
A lot the area or dimension of which was lawful prior to
the adoption or amendment of this chapter but that fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
[Amended 8-25-2004 by Ord. No. 1869]
LOT, REVERSE FRONTAGE
A lot that abuts two streets but only has access onto one
street and is not a corner lot.
[Amended 8-25-2004 by Ord. No. 1869]
LOT, THROUGH
A lot that abuts two streets and is not a corner lot.
[Added 8-25-2004 by Ord. No. 1869]
LOT WIDTH
The horizontal distance between a side lot line and its opposite
lot line, measured at the minimum prescribed front yard setback, unless
otherwise required by this chapter. In the event of a curved front
lot line, the lot width shall be measured using a straight line from
end to end.
[Amended 8-25-2004 by Ord. No. 1869]
LOUNGE
See "tavern."
[Added 9-26-2007 by Ord. No. 1901]
MAJOR SHOPPING CENTER
A shopping center located on a lot with a lot area of 15
acres or more. The purpose of this use is to provide opportunities
for large community shopping centers directly accessible by a major
roadway. These centers are intended to meet the shopping and service
needs of the Township of Ridley, adjacent and nearby communities and
transient motorists.
[Added 3-11-1997 by Ord. No. 1758; amended 9-26-2007 by Ord. No.
1902]
MANMADE DECORATIVE WATER FEATURE
Any manmade stream, fountain, waterfall, or other manmade
water feature containing water that flows or is sprayed into the air,
constructed for decorative, scenic or landscape purposes, excluding
swimming pools, manmade lakes, and manmade recreational water theme
parks.
[Added 9-26-2007 by Ord. No. 1901]
MANMADE LAKE
Every manmade bodies of water, including lakes, ponds, lagoons
and reservoirs (excluding tank-type reservoirs which are fully enclosed
and contained), that are filled or refilled with water or reclaimed
wastewater from any source for recreational, scenic or landscape purposes,
except for swimming pools, manmade decorative water features or manmade
recreational water theme parks.
[Added 9-26-2007 by Ord. No. 1901]
MANMADE RECREATIONAL WATER THEME PARK
Any manmade bodies of water in combination, including streams,
fountains, waterfalls, swimming pools, water slides or other manmade
water features, used primarily for contact recreational purposes and
existing as the principal use of the property and open to the general
public.
[Added 9-26-2007 by Ord. No. 1901]
MANUFACTURED HOME
A structure, transportable in one or more selections, 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 does not include recreational vehicles.
[Amended 11-30-1993 by Ord. No. 1712]
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park, improved with
the necessary utility connections and other appurtenances necessary
for the erection thereon of a single mobile home.
[Amended 11-30-1993 by Ord. No. 1712]
MANUFACTURED HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
home lots for the placement thereon of manufactured homes.
[Amended 11-30-1993 by Ord. No. 1712]
MANUFACTURING
Includes the following definitions:
[Added 9-26-2007 by Ord. No. 1901]
A.
LIGHT MANUFACTURINGThe storage and/or utilization of the following materials to fabricate and/or assemble products with added value: bones, building products/materials, clay, cork, feathers, gases, glass, glue, hair, horn, leather, metal, paint and similar surfacing materials and solvents, paper, plastics, rubber, seeds, shell, stone, straw, textiles, wax, and wood. Cosmetic manufacturing, electric plating and glass blowing shall also be included. The incidental storage and utilization of materials within residential, commercial, special, or industrial development which are permitted only in more intense manufacturing districts does not constitute a more intense use, unless the quantity of such materials meet the definition of hazardous materials. (See "hazardous material.")
B.
MEDIUM MANUFACTURINGThe creation of the following materials: building products/materials, glass (other than glass blowing), glue, textiles, and wax, as well as the commercial manufacturing of small arms ammunition if no more than 50 pounds of gunpowder is stored at any time. The incidental storage and utilization of materials within residential, commercial, special or industrial development which are permitted only in intense manufacturing districts does not constitute a more intense use unless the quantity of such materials meets the definition of hazardous materials. (See "hazardous material.")
C.
HEAVY MANUFACTURINGThe creation of the following materials: chemicals, gases, leather or other tanned goods, metal and smelting of metal, paint and similar surfacing materials and solvents, paper, plastics and rubber. The incidental storage and utilization of materials within residential, commercial, special or industrial development which are permitted only in intense manufacturing districts does not constitute a more intense use unless the quantity of such materials meets the definition of hazardous materials. (See "hazardous material.")
MEDIATION
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
MINOR SHOPPING CENTER
A shopping center located on a lot with a lot area of less
than 15 acres.
[Added 3-11-1997 by Ord. No. 1758; amended 9-26-2007 by Ord. No.
1902]
MOBILE HOME
(See "manufactured home.")
[Amended 11-30-1993 by Ord. No. 1712]
MOBILE HOME LOT
(See "manufactured home lot.")
[Amended 11-30-1993 by Ord. No. 1712]
MOBILE HOME PARK
(See "manufactured home park.")
[Amended 11-30-1993 by Ord. No. 1712]
MOTEL
A building or group of two or more detached or semidetached
buildings, other than a spa/retreat, containing five or more individual
dwelling or sleeping units, each with a separate exterior entrance,
with or without cooking facilities, designed for or used temporarily
by automobile tourists or transients for rent on a day-to-day basis
not intended to exceed 30 consecutive calendar days. Each rentable
room shall constitute one unit.
[Amended 9-26-2007 by Ord. No. 1902]
MOTION PICTURE PRODUCTION/STUDIO
The producing, directing, editing, filming, recording, or
taping of a production, including the use or transmission via the
internet or computer, regardless of whether picture presentation originates
with closed circuit, live broadcast, or cassette, or other recording,
at an established or fixed place of business.
[Added 9-26-2007 by Ord. No. 1901]
MUNICIPAL AUTHORITY
A body politic and corporate created pursuant to the act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities
Act of 1945."
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township of
Ridley or for the Planning Commission of the Township of Ridley.
MUNICIPALITY
Ridley Township, Delaware County, Pennsylvania.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use. (Also see "home occupation.") The business or commercial
activity must satisfy the following requirements:
[Added 9-26-2007 by Ord. No. 1901]
A.
The business activity shall be compatible with
the residential use of the property and surrounding residential uses.
B.
The business shall employ no employees other
than family members residing in the dwelling.
C.
There shall be no display or sale of retail
goods and no stocking or inventory of a substantial nature.
D.
There shall be no outside appearance of a business
use, including, but not limited to, parking, signs or lights. No significant
additional vehicular or pedestrian traffic to the residence shall
be created, nor shall the use require delivery by tractor-trailer
trucks.
E.
The business activity may not use an equipment
or process that creates noise, vibration, glare, fumes, odors or electrical
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
F.
The business activity may not generate any solid
waste or sewerage discharge in volume or type that is not normally
associated with residential use in the neighborhood.
G.
The business activity shall be conducted only
within the dwelling and may not occupy more than 25% of the habitable
floor area.
H.
The business use may not involve any illegal
activity.
NONRESIDENT CHILD
A a child who does not ordinarily reside in a dwelling which
is used as a day-care home.
NURSING HOME
A nursing home (also commonly known as a "convalescent home")
is a licensed establishment which provides full-time convalescent
or chronic care or both for three or more individuals who are not
related by blood or marriage to the operator and who, by reason of
chronic illness or infirmity, are unable to care for themselves. No
care for the acutely ill or surgical or obstetrical services shall
be provided in such a home; a hospital shall not be construed to be
included in this definition.
OCCUPANCY PERMIT
A permit stating that all work indicated on a building permit
has been satisfactorily completed or, in cases not involving construction,
a proposed new use is in conformity with this chapter and the building
or lot may be occupied.
OCCUPANCY, TEMPORARY
The habitation of a building involving construction pending
completion at a future date.
OFFICE
The buildings, structures, or parts thereof used to conduct
the business of administrative, professional or clerical operations,
including but not limited to administrative governmental functions,
mortgage companies, and aviation or flight simulation facilities,
but not including any office for an escort bureau or outcall entertainment
referral service. Incidental uses, such as medical or dental testing
or diagnostic services, are permitted in conjunction with medical
and dental offices.
[Added 9-26-2007 by Ord. No. 1901]
ONE-HUNDRED-YEAR FLOOD
A flood that, on the average is likely to occur once every
100 years (i.e., that has a one-percent chance of occurring each year,
although the flood may occur in any year).
ON-SITE PARKING
Parking provided for a specific use located on the same lot.
All other parking is off site.
[Added 9-26-2007 by Ord. No. 1901]
OPEN SPACE and RECREATIONAL OPEN SPACE[Added 9-26-2007 by Ord. No. 1901]
A.
OPEN SPACELand areas which are not and may not be occupied by any surface designed or intended for vehicular traffic, parking, buildings, or structures but allow water features and decorative objects, such as art work, decorative fences, atriums and unenclosed patios.
B.
RECREATIONAL OPEN SPACEIncludes areas for the purpose of recreation, including landscaped areas with special lighting and seating (passive recreation areas such as gardens, town greens, and promenades), walks, paths, trails (such as jogging paths, para-course paths, and exercise trails with activity stations), recreational buildings, game courts and fields, enclosed child play areas, clubhouses, workout areas, picnic areas, swimming pools, or other similar uses accessible to each lot or dwelling unit within a development through a system of public or private walkways.
OUTDOOR
Not enclosed by walls and a ceiling.
[Added 9-26-2007 by Ord. No. 1901]
OUTDOOR DINING, DRINKING AND COOKING
The seating, eating/drinking and/or preparation of food only
for patrons outside the area enclosed within a dining establishment.
[Added 9-26-2007 by Ord. No. 1901]
OUTSIDE DISPLAY
The showing of goods, material and/or merchandise for sale
not within an enclosed building.
[Added 9-26-2007 by Ord. No. 1901]
OUTSIDE STORAGE
The keeping of any goods, material, merchandise, or equipment
not within an enclosed building, including incidental maintenance
and repair of the material which is being stored.
[Added 9-26-2007 by Ord. No. 1901]
OVERLAY DISTRICT
A zoning district that imposes additional requirements, limitations
or restrictions beyond those of the underlying zoning district.
[Added 9-26-2007 by Ord. No. 1901]
PAD SITE
See "commercial pad site."
[Added 9-26-2007 by Ord. No. 1901]
PASSENGER TERMINAL
An area and building(s) where a facility for the staging
and transportation of passengers is conducted, including bus and rail
depots, and air terminals.
[Added 9-26-2007 by Ord. No. 1901]
PEDESTRIAN ARCADE
An area that is contiguous to, and whose floor if level with,
a street or plaza, open and unobstructed to a minimum height of 12
feet, and accessible to the public at all times.
[Added 9-26-2007 by Ord. No. 1901]
PEDESTRIAN CONNECTION
A continuous, unobstructed, direct route between two points
intended for pedestrian use that may include, but is not limited to,
sidewalks, walkways, stairways, pedestrian bridges, and trails.
[Added 9-26-2007 by Ord. No. 1901]
PEDESTRIAN ORIENTATION
Site design and building scale that is designed with a primary
emphasis on streetscape functionality and pedestrian access to a site
(rather than vehicular access and parking concerns which are limited).
Pedestrian-oriented buildings are typically constructed close to the
street with windows and display features facing the street and main
entrances designed to accommodate access from the street sidewalk.
[Added 9-26-2007 by Ord. No. 1901]
PEDESTRIAN SCALE
Site and building design components that are proportionally
smaller than those intended to accommodate vehicular traffic and large-scale
buffering concerns. Pedestrian scale considerations may include, but
are not limited to, reduced height for ornamental lighting, use of
bricks, pavers, or other enhanced paving materials, variety of landscape
materials, awnings that reduce perceived wall heights, and signage
designed for short-distance viewing.
[Added 9-26-2007 by Ord. No. 1901]
PERSONAL USE
For the purpose of regulating the storage of hazardous materials
and chemicals, the use by employees or other persons at public or
private facilities of foods, drugs, cosmetics, or other personal items
containing toxic chemicals, including supplies of such products within
the facilities (for example, a facility-operated cafeteria, store,
or infirmary), and also including home use of such products. Examples
of personal use items also include chemical product items used for
facility and motor vehicle maintenance, janitorial cleaning supplies,
fertilizers, and pesticides that are similar in type, quantity, and
concentration to consumer products.
[Added 9-26-2007 by Ord. No. 1901]
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, or combination
of residential and nonresidential uses, the development plan for which
does not correspond in lot size, bulk, type of dwelling, or use, density,
or intensity, lot coverage and required open space to the regulations
established in any one district created, from time to time, under
provisions of this chapter.
PLAT
The map or plan of a subdivision or land development whether
preliminary or final.
PROFESSIONAL OFFICE
For the purpose of regulating accessory dwelling uses, the
office of a member of a recognized profession, as hereinafter indicated,
when conducted on a residential property shall be conducted by a member
or members of the residential family entirely within a residential
building and shall include only the offices of doctors, ministers,
architects, professional engineers, lawyers and similar professional
occupations which may be so designated by the Zoning Hearing Board,
upon findings by such Board that such occupation is truly professional
in character by virtue of the need for similar training and experience
as a condition for the practice thereof and that the practice of such
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone in which it is located to
a greater extent than for professional activities listed herein. The
issuance of a state or local license or regulation of any gainful
occupation need not be deemed indicative of profession standing.
[Amended 9-26-2007 by Ord. No. 1902]
PUBLIC FACILITY
Any infrastructure facility, building, structure, service,
or combination thereof intended for use by the general public or land
approved for such use that is owned, leased, operated and/or controlled
by a local, state, or federal government entity performing government
functions. Public facilities may be community serving for local neighborhood
communities, including facilities such as reservoirs, flood control
basins, trail systems, fire and police stations, public schools and
libraries, neighborhood parks, playgrounds, swimming pools, and athletic
fields; or they may be regionally serving for extended geographic
regions, including facilities such as airports, bus barns, marinas,
golf courses, convention centers, and universities.
[Added 9-26-2007 by Ord. No. 1901]
PUBLIC GROUNDS
See "public facility."
[Amended 9-26-2007 by Ord. No. 1902]
PUBLIC HEARING
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with this chapter.
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 338, No. 84), known as the "Sunshine Act."
PUBLIC NOTICE
Notice published once each week for two successive weeks
in any newspaper of general circulation in the municipality. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
RACETRACK
A course designed for contests of speed, including car, motorcycle,
bicycle, dog, horse, or similar races.
[Added 9-26-2007 by Ord. No. 1901]
RADIO TOWER
See "communication tower."
[Added 9-26-2007 by Ord. No. 1901]
RECORDING STUDIO
A facility used to electronically copy sound to any electronic
device, (including dubbing) including, but not limited to, record,
tape, and/or compact disc, when acoustically designed to prevent the
emanation of noise from the interior of the facility.
[Added 9-26-2007 by Ord. No. 1901]
RECREATIONAL RAMPS
Any structure or improvement which is used for the purpose
of riding or propelling wheeled vehicles, including but not limited
to skateboards, bicycles, roller skates or other similar vehicles
or devices. Small skateboard units commonly known as "quarter pipes"
or other similar structures that are easily portable by an individual
under his or her own power are excluded from this definition.
[Added 2-25-2004 by Ord. No. 1852]
RECREATIONAL VEHICLE
A vehicle which is:
[Amended 11-30-1993 by Ord. No. 1712]
A.
Built on a single chassis;
B.
Four hundred square feet or less when measured
at the largest horizontal projection;
C.
Designed to be self-propelled or permanently
towable by a light duty truck; and
D.
Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
RECREATION FACILITY
A facility or area used for sport, entertainment, games of
skill, or recreation by the general public for a fee, or when not
in conjunction with a principal use. Examples include, but are not
limited to, amphitheaters, amusement systems, arenas, bowling alleys,
roller and ice skating rinks, game courts, swimming pools, amusement/theme
parks (located at a specific location for generally more than a year),
golf courses, ranges, private convention and reception facilities,
and go-cart tracks, but does not include adult uses, movie theaters,
health clubs, or arcades. (Also see "amusement system.")
[Added 9-26-2007 by Ord. No. 1901]
RENEWABLE ENERGY SOURCE
Any method, process or substance whose supply as rejuvenated
through natural processes and, subject to those natural processes,
remains relatively constant, including, but not limited to, biomass
conversion, geothermal energy, solar and wind energy and hydroelectric
energy and excluding those sources of energy used in the fission and
fusion processes.
REPORT
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer or
agency, nor shall any appeal lie therefrom. Any report used, received
or considered by the body, board, officer or agency rendering a determination
or decision shall be made available for inspection to the applicant
and all other parties to any proceeding upon request, and copies thereof
shall be provided at cost of reproduction.
RESORT CONDOMINIUM
A commercial hotel condominium development that can be subdivided
into individual rooms or suites for separate ownership or time-share,
and that may include cooking facilities. A resort condominium may
be used for continuous, unlimited residency by a single individual,
group or family and may also be offered to the general public on a
day-to-day basis, as required and enforced by the covenants, conditions
and restrictions of the commercial condominium development.
[Added 9-26-2007 by Ord. No. 1901]
RESORT HOTEL
See "hotel, resort."
[Added 9-26-2007 by Ord. No. 1901]
RESTAURANT
Any premises used for the sale of food, refreshments and/or
beverages. All restaurants shall be classified as one of the following:
[Added 3-11-1997 by Ord. No. 1758]
A.
RESTAURANT, SIT-DOWNA restaurant where the customer is served by a restaurant employee at the table, booth or counter at which said items are consumed.
B.
RESTAURANT, COUNTER SERVICEA restaurant in which the customer is served at a counter and the food or beverages are consumed either on or off premises. This definition does not encompass drive-through or fast food restaurants.
C.
RESTAURANT, FAST FOODAny premises used for the sale of food, refreshments or nonalcoholic beverages, whose design or method of operation includes the serving of food or beverages in disposable containers and in which food or beverages are not normally delivered to the customer's table by an employee of the restaurant. Such restaurant shall also include the delivery of food and beverages in a drive-through service manner. (See also "drive-through service places.")
D.
OUTDOOR CAFEThose exterior facilities adjacent to and part of establishments selling food and/or drink, entirely located on private property, open to the elements except for a roof or awning and a wall, railing or fence not exceeding 48 inches, such as commercial decks and patios.
[Added 4-23-2003 by Ord. No. 1839; amended 2-25-2004 by Ord. No.
1853]
RETAINING WALL
See "walls, perimeter".
[Added 9-26-2007 by Ord. No. 1901]
RIDLEY TOWNSHIP ZONING MAP
The official map adopted by this chapter which delivers the
boundaries of the zoning districts, which accompanies and which, with
all explanatory matter thereon, is part of this chapter.
RIGHT-OF-WAY
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, right-of-way shall mean
the existing street right-of-way line.
[Amended 8-25-2004 by Ord. No. 1869]
A.
RIGHT-OF-WAY, EXISTING OR LEGALThe line separating a lot from the established official street right-of-way that either the Township or the commonwealth will own after the completion of any proposed subdivision, land development or development of a use under this chapter.
B.
RIGHT-OF-WAY, FUTURELand that is dedicated or is required to be defined or reserved for future dedication for use as a street and for related public improvements. The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" shall have the same meaning. When not required that a "future right-of-way" be defined, then "future right-of-way" shall have the same meaning as "existing right-of-way."
ROCKSCAPING
Landscaping with no live-planted material.
[Added 9-26-2007 by Ord. No. 1901]
ROOMER
A person occupying any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes, and paying compensation for
lodging or board and lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than a week at a time shall be classified, for the purposes of
this chapter, not as a roomer, boarder, or lodger but as a guest of
a commercial lodging establishment (motel, hotel, tourist home).
ROOMING HOUSE
An accessory use to a single-family dwelling and designed
to accommodate less than five roomers.
ROOT SHIELD
A product that provides an effective root control barrier
between plant materials and hardscape structures, such as sidewalks,
curbing, pavement, concrete, and building foundations, to prevent
structural damage caused by vegetative root penetration or encroachment.
[Added 9-26-2007 by Ord. No. 1901]
SANITARY LANDFILL
The method of refuse disposal by which sand, soil or other
inert material is applied over alternate layers of refuse.
SATELLITE DISH ANTENNA
A structure, either self-standing but permanently fixed to
the ground or attached to a building or roof of a building, which
enables the owner to receive television and or radio transmissions
from certain satellites in orbit around the earth.
SECURITY WALL
See "walls, perimeter."
[Added 9-26-2007 by Ord. No. 1901]
SERVICE BAR
The incidental retail sale and service of alcoholic beverages
by the drink at dining tables or booths within a restaurant, only
in conjunction with meals.
[Added 9-26-2007 by Ord. No. 1901]
SETBACK LINE[Added 8-25-2004 by Ord. No.
1869]
A.
The line within a lot defining the required
minimum distance between any structure to be erected or use to be
developed and the adjacent existing or future street right-of-way
or exterior lot line (when the property is not abutted by a right-of-way).
Such line shall be measured at right angles from and parallel to the
front lot line.
B.
Any building setbacks shall be measured from
the foundation, exterior wall or other component of a structure that
is closest to the right-of-way line or lot line from which the setback
is being measured, exclusive of any exceptions stated within this
chapter.
C.
Unless otherwise stated, setback distances are
for both accessory and principal structures.
D.
Private streets. For a building setback measured
from a private street, the setback shall be measured from the existing
right-of-way of such a street or the defined access easement lines,
if a right-of-way or easement exists. If a private street does not
have a right-of-way or access easement, then setback shall be measured
from the edge of the cartway.
SEWAGE FACILITY
Any sewer, sewage system, sewage treatment works or parts
thereof designed, intended or constructed for the collection, treatment
or disposal of liquid waste (including industrial waste).
A.
OFF-LOT SEWAGE FACILITYAny approved system or part thereof in which sanitary sewage is collected from buildings and piped by means of a sewerage system to a sanitary sewage treatment plant.
B.
ON-LOT SEWAGE FACILITYAny approved system or part thereof designed to serve a single dwelling or building in which sanitary sewage is collected in a septic tank, holding tank or similar container located on the same lot, is untreated except for bacterial action occurring within such tank and is disposed of either by leaching from drain lines connected to the tank or by hauling to a sewage treatment facility.
SHOPPING CENTER
A group of stores and/or shops forming a central retail market
within a given area.
[Added 3-11-1997 by Ord. No. 1758]
SPA/RETREAT
A facility used primarily for relaxation, rejuvenation or
spiritual healing where sleeping accommodations for patrons may be
provided. Physical activities sessions may be part of the overall
program for stay that may include hiking, biking, swimming, ball field
activities, meditation and yoga, and other similar uses. Accessory
commercial uses may be provided in conjunction with the establishment,
including, but not limited to, shops, snack bars, lounges and restaurants,
incidental retailing, personal services (massage, manicures, mud baths)
and centralized dining facilities, however no cooking facilities may
be provided in sleeping units.
[Added 9-26-2007 by Ord. No. 1901]
SPECIAL EXCEPTION
A use to be granted or denied a zoning permit by the Zoning Hearing Board on the basis of the specific standards and criteria specified in Article
XVI for the use in question and on the general standards included in Article
XVI. Special exceptions may not be granted for uses other than those expressly stated in this chapter.
STACKING LANE
An area for temporary queuing of motor vehicles that serves
a particular business or development.
[Added 9-26-2007 by Ord. No. 1901]
STORAGE
See "outside storage."
[Added 9-26-2007 by Ord. No. 1901]
STREET
A strip of land, including the entire right-of-way, whether
public or private, intended primarily as a means of vehicular and
pedestrian travel. The term "street" includes street, avenue, boulevard,
road, highway, freeway, parkway, lane, alley, viaduct and any other
ways used or intended to be used by vehicular traffic or pedestrians.
Streets are further classified as follows:
A.
ARTERIAL STREETStreets serving large numbers of high speed traffic and connecting population and employment centers and which are so designated in the Comprehensive Plan.
B.
COLLECTOR STREETStreets which, in addition to giving access to abutting properties, intercept local streets and provide routes to community facilities and arterial streets and which are so designated in the Comprehensive Plan.
C.
LOCAL STREETSStreets primarily used for access to abutting properties and generally serving internally developed areas.
D.
MARGINAL ACCESS STREETA local street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and control of intersections with the collector or arterial streets.
E.
STREET LINEThe dividing line between the street and the lot; the limit of a right-of-way.
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
[Amended 11-30-1993 by Ord. No. 1712]
STORY, ABOVE GRADE
Any story having its finished floor surface entirely above
grade except that a basement shall be considered as a story above
grade where the finished surface of the floor above the basement is:
[Amended 11-30-1993 by Ord. No. 1712]
A.
More than six feet above grade plane;
B.
More than six feet above the finished ground
level for more than 50% of the total building perimeter; or
C.
More than 12 feet above the finished ground
level at any point.
STRUCTURE
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land, including
but not limited to buildings, sheds, signs, fences, mobile homes,
commercial decks or patios, and other similar items.
[Amended 4-23-2003 by Ord. No. 1839]
A.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.
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 of devisees, transfer of ownership or building or lot development.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
[Amended 11-30-1993 by Ord. No. 1712]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50% of the market value of the
structure either before the improvement or repair is started or, if
the structure has been damaged and is being restored, before the damage
occurred.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Municipal Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Pennsylvania Municipalities
Planning Code) of those improvements required as a condition for final
approval have been completed in accordance with the approved plan,
so that the project will be able to be used, occupied or operated
for its intended use.
SUPPER CLUB
A restaurant with a tavern/bar where the restaurant operations
is a principal business and food sales is no less than 55% gross revenue
of the total sales of food and alcoholic liquor.
[Added 9-26-2007 by Ord. No. 1901]
SWIMMING POOL
A body of water in an artificial or semiartificial receptacle
or other container having a depth of water at any point of more than
two feet or a surface area of more than 100 square feet, used or intended
to be used for public, semipublic or private swimming by adults or
children.
TAVERN/BAR/LOUNGE
A place where the sale and service of alcoholic beverages
are sold by the drink, where meals are not required.
[Added 9-26-2007 by Ord. No. 1901]
THEME PARK
See "amusement/theme park."
[Added 9-26-2007 by Ord. No. 1901]
TRANSFERABLE DEVELOPMENT RIGHTS
The attaching of development rights to specified lands which
are desired by the Township of Ridley to be kept undeveloped, but
permitting those rights to be transferred from those lands so that
the development potential which they represent may occur on other
lands within the Township where more intensive development is deemed
by the Township to be appropriate.
TRANSPORTATION SERVICE
A business for the delivery of passengers or goods, such
as taxis, limousines, couriers, or other similar uses, excluding freight
or passenger terminals, but may include tour guide services.
[Added 9-26-2007 by Ord. No. 1901]
TRASH ENCLOSURE
A screen around a trash container or recyclables container
to block views and to contain trash for pickup. Trash containers may
be screened by walls, fences or buildings.
[Added 9-26-2007 by Ord. No. 1901]
TRUCK TERMINAL
See "freight terminal."
[Added 9-26-2007 by Ord. No. 1901]
TURF
Any grassy area maintained by frequent mowing and fertilization
and/or watering, commonly used for lawns and playing fields. The following
describes types of turf:
[Added 9-26-2007 by Ord. No. 1901]
B.
NONFUNCTIONAL TURFTurf within medians, streetscapes, and parking lots; turf for required perimeter landscaping; and turf designed and suitable only for aesthetic purposes.
USE
Any activity carried on or intended to be carried on in a
building or other structure or on a lot.
A.
ACCESSORY USEA subordinate use authorized for each zoning district, normally located on the same lot with a principal use.
B.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
C.
PRINCIPAL USEThe primary purpose of purposes for which a lot is occupied as listed in the use regulations for each zoning district. If more than two principal uses occupy a single lot, each such use must be positioned so that the lot on which such uses are located could subsequently be subdivided, separating each use yet meeting all applicable district dimensional requirements.
UTILITY
Any utility coming under the jurisdiction of the Public Utility
Commission of Pennsylvania.
VARIANCE
A modification of the regulations of this chapter granted
by the Zoning Hearing Board on grounds of practical difficulties or
unnecessary hardship, not self-imposed, pursuant to appropriate provisions
of this chapter and Section 910.2 of the Pennsylvania Municipalities
Planning Code.
VEHICLE IMPOUNDMENT AND STORAGE YARDS
A use of property for the temporary (60 days or less) storage
of motor vehicles only which have been damaged, repossessed or abandoned.
[Added 9-22-1993 by Ord. No. 1706]
WALLS, PERIMETER
An opaque structure constructed with masonry, brick, concrete,
stucco, or other similar material, that is greater than 36 inches
in height, and constructed within a required setback for the purpose
of providing security and/or buffering for the property owner. Walls
constructed within the buildable area and which are not affixed to
the principal building shall be considered accessory structures (See
"fence"). The following describes types of perimeter walls:
[Added 9-26-2007 by Ord. No. 1901]
A.
BLOCK WALLA perimeter wall enclosing property which need not be a decorative wall and may also be in the form of rock features, waterfalls and decorative forms, providing the wall complies with height restrictions.
B.
BUFFER WALLA wall that mitigates the potential negative impact between uses.
C.
DECORATIVE WALLA wall having an appearance enhanced by either texture or design finished with stucco, plasters, tile, or brick, split-faced block, block containing a pattern or design or a combination of any of the above. A decorative wall shall not include the standard, solid gray concrete masonry unit or concrete walls with a flat finish nor include wood or chain link fences, either with or without slats. Wherever possible, decorative walls shall have a harmonious relationship with existing adjoining walls.
D.
NOISE ATTENUATING WALLA wall constructed between adjacent uses designed to mitigate the impact of noise generated by one use on an adjacent use.
E.
RETAINING WALLA wall where the grade on one side of the wall is greater than the grade on the opposite side, if engineered so that the wall is designed to support the weight of the soil on the high side of the wall. Paving or a similar treatment of a slope to prevent erosion is not a retaining wall.
F.
SECURITY WALLA wall that meets the requirements of a security fence (see "security fence".)
WATER-DEPENDENT USE
A use that requires direct access to or location adjacent
to the Delaware River, Darby Creek, Ridley Creek or Crum Creek and
which, therefore, is not customarily located in inland areas. Water-dependent
uses include, but are not limited to, marinas, recreational and commercial
fishing and boating facilities, waterfront dock and port facilities,
and commercial and industrial uses dependent on waterborne transportation.
[Added 9-26-2007 by Ord. No. 1901]
WATER FACILITY
Any water works, water supply works, water distribution system
or part thereof designed, intended or constructed to provide or distribute
potable water.
A.
OFF-LOT WATER DISTRIBUTION FACILITYAny approved system in which potable water is supplied from a central water source to a dwelling or other building located off the lot on which such dwelling or building is located.
B.
ON-LOT WATER DISTRIBUTION FACILITYAny approved system in which potable water is supplied from an individual well to a dwelling or other building located on the same lot as the well.
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater
and surface-water resources within a municipality.
XERISCAPING
Landscaping with slow-growing, drought-tolerant plants to
conserve water and reduce yard trimmings.
[Added 9-26-2007 by Ord. No. 1901]
YARD
An area not covered by buildings and that is on the same
lot as the subject structure or use. Regulations of specific districts
prohibit principal and accessory structures within specified required
minimum yards.
[Amended 8-25-2004 by Ord. No. 1869]
YARD, FRONT
An area required to be open to the sky and not covered by
buildings between the front lot line and a line drawn parallel to
such front lot line at a distance specified by the applicable section
of this chapter. A front yard shall extend the entire length of the
front lot line. No accessory or principal structure shall extend into
the required front yard, except as provided in this chapter.
[Amended 8-25-2004 by Ord. No. 1869]
YARD, REAR
An area required to be open to the sky and not covered by
buildings between the rear lot line and a line drawn parallel to such
rear lot line at a distance specified by the applicable section of
this chapter. A rear yard shall extend the full width of the lot from
a side lot line to a side lot line or, in the case of a lot with more
than one front yard, a rear yard shall extend the full width of the
lot from a front yard to a side lot line. A principal building shall
not extend into the required rear yard for a principal building, and
an accessory structure shall not extend into the required yard for
an accessory structure, except as provided in this chapter.
[Amended 8-25-2004 by Ord. No. 1869]
YARD, SIDE
An area required to be open to the sky and not covered by
buildings between a side lot line and a line drawn parallel to such
side lot line at a distance specified by the applicable section of
this chapter. A side yard shall extend the entire length of the lot
from a front yard to a rear yard. A principal building shall not extend
into the required side yard for a principal building, and an accessory
structure shall not extend into the required yard for an accessory
structure, except as provided in this chapter.
[Amended 8-25-2004 by Ord. No. 1869]
ZERO LOT LINE
The location of a building on a lot in such a manner that
one or more of the building's sides rests directly on a lot line.
[Added 3-10-1992 by Ord. No. 1686]
ZONING HEARING BOARD
A body, named the Ridley Township Zoning Hearing Board, granted
jurisdiction under this chapter or under the Municipalities Planning
Code to render final adjudications.
ZONING OFFICER
The duly appointed municipal official designated by the Township
Commissioners as the administering and enforcing officer for this
chapter.
ZONING PERMIT
A building permit or occupancy permit, or both, whichever
is required in a special circumstance.