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Township of Lower Salford, PA
Montgomery County
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[Amended 8-4-1982 by Ord. No. 82-8]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article. The present tense includes the future, the singular number includes the plural and the plural the singular; the word "building" includes the word "structure" and shall be construed as if followed by the words "or part thereof"; the word "occupy" includes the words "designed or intended to be occupied"; the word "use" includes the words "arranged, designed or intended to be used"; and the word "shall" is always mandatory.
ACCESSORY BUILDING
A building subordinate to the principal building on the lot and used for purposes customarily incidental to those of the principal building.
ACCESSORY USE
A use subordinate to the principal use of land or a building or other structure on a lot and customarily incidental thereto. See § 164-15 for accessory use standards.
[Amended 8-21-1997 by Ord. No. 97-5]
ACCESS STRIP
A piece of land which provides physical access to and from legal road frontage for a lot, but which does not comply with the minimum lot width regulations of this chapter. Access strips provide access to flag, rear, or interior lots. Access strips have a minimum width of 25 feet, and may be wider, depending on the situation.
[Added 11-4-2020 by Ord. No. 2020-03]
AGRICULTURE
The cultivating of the soil and the raising and harvesting of the products of the soil on tracts of 10 acres and greater, including, but not by way of limitation, wholesale nursery growers, horticulture and forestry.
[Amended 8-21-1997 by Ord. No. 97-5]
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. This definition shall not include private-residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
[Added 2-7-2018 by Ord. No. 2018-01]
APPLICANT
As used in Article XXIII of this chapter, any person that applies for a WCF or wireless support building permit, zoning approval for the construction, installation or designation of a wireless support and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.
[Added 2-7-2018 by Ord. No. 2018-01]
ASSEMBLY AND LIGHT MANUFACTURING
A light industrial use involving the processing, fabricating, assembly, or packaging of previously prepared materials, where all activities take place wholly within an enclosed building.
[Added 10-5-2022 by Ord. No. 2022-03]
BABYSITTING
The temporary or occasional care of any number of children not related to the caregiver which takes place at the home of the caregiver; the temporary or occasional care of any number of children at a dwelling unit customarily and regularly occupied by the children as their residence; or the regular care of one, two or three children not related to the caregiver which takes place at the home of the caregiver.
[Added 8-21-1997 by Ord. No. 97-5]
BASE STATION
A station at a specified site authorized to communicate with mobile stations, generally consisting of transceivers, antennas, coaxial cables, power supplies and other associated electronics. Base stations also include any non-tower wireless support.
[Added 2-7-2018 by Ord. No. 2018-01]
BUFFER
An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, buffers may be included as part of the required setbacks and yard areas. Buffers are divided into three types:
[Added 3-15-1989 by Ord. No. 89-2]
A. 
SCREEN BUFFER—A buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to effectively block the view from one side to another during all seasons of the year and to reduce the transmittal of noise and odors between the sides.
B. 
SOFTENING BUFFER—A buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to ease and soften, but not essentially block, the view from one side to another; and to reduce the transmittal of noise and odors between the sides.
C. 
OPEN BUFFER—A buffer normally comprised of grass, ground cover and/or possibly other landscaping material having a specified depth, but not necessarily having significant vertical components to achieve a certain height or density, the purpose of which is to achieve adequate spacing and attractive landscaping between two or more actively used areas.
BUILDING
Any structure having enclosing walls and a roof, permanently located on the land.
BUILDING AREA
The aggregate of the maximum horizontal cross-section areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and projecting not more than five feet, one-story open porches projecting not more than 10 feet, steps and balconies.
BUILDING FOOTPRINT
The maximum horizontal area of a single building measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and projecting not more than five feet, one-story open porches projecting not more than 10 feet, steps and balconies.
[Added 9-17-1992 by Ord. No. 92-6]
BUILDING LINE
The line which establishes the minimum depth of front yard for the particular district as measured from the street line.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is situated.
BULK BUILDING OR LAND LANDSCAPING MATERIALS
Bulk materials used to construct buildings or to landscape properties, such as bricks, sand, gravel, mulch, lumber and stones, which are typically stored outdoors or in shed-like buildings.
[Added 12-18-1997 by Ord. No. 97-10]
BULK MATERIALS
Materials, such as petroleum products, chemicals, grain, mulch, sand, etc., that are stored in large quantities, typically outdoors, in specialized structures or in shed-like buildings.
[Added 12-18-1997 by Ord. No. 97-10]
CHILD DAY-CARE FACILITY
Any dwelling, building or portion thereof in which child day-care services are provided, including any on-site outdoor play area. Child day-care facilities shall be further differentiated by the following three classifications:
[Added 8-21-1997 by Ord. No. 97-5]
A. 
FAMILY DAY-CARE HOME—Any premises or dwelling unit other than the child's own home where the child-care areas are being used as a family residence, operated for profit or not for profit, in which child day care is provided at any one time on a regular basis to four, five or six children who are not relatives of the caregiver. Day-care service for children in this type of facility is different from babysitting.
B. 
GROUP DAY-CARE HOME—A facility in which care is provided for more than six but less than twelve children, at any one time, where the child-care areas are being used as a family residence.
C. 
DAY-CARE CENTERA facility which is licensed to provide care for seven or more children at any one time, where the child-care areas are not being used as a family residence.
CO-LOCATION
The installation of one or more wireless communication facilities, including antennas, on a previously approved and constructed wireless support. The term includes the placement, replacement or modification of previously approved accessory equipment.
[Added 2-7-2018 by Ord. No. 2018-01]
COMMON DRIVEWAY
A driveway serving two or more dwelling units or lots.
[Added 8-21-1997 by Ord. No. 97-5]
COMMON OPEN SPACE
Any area of land and/or water designed for joint use and recreational enjoyment of tenants and/or owners occupying a development, excluding common parking areas, roadways, storage buildings and similar facilities not primarily intended for recreational benefit. The common open space shall be essentially free of buildings.[1]
[Added 3-15-1989 by Ord. No. 89-2]
CORPORATE OFFICE
An office building with a building footprint of at least 6,000 square feet that may contain ancillary uses within the building which primarily serve the single tenant(s) such as a self-contained coffee shop, newsstand and employee day-care. The ancillary uses may not comprise more than 30% of the total building floor area.
[Added 7-6-2005 by Ord. No. 2005-8; amended 9-14-2005 by Ord. No. 2005-12]
DENSITY
The number of dwelling units per gross acre.
[Added 3-15-1989 by Ord. No. 89-2]
DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana. The term does not include a health-care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
[Added 2-2-2022 by Ord. No. 2022-01]
DISPENSARY FACILITY
A building or structure and other appurtenances or improvements where a dispensary dispenses medical marijuana.
[Added 2-2-2022 by Ord. No. 2022-01]
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 2-7-2018 by Ord. No. 2018-01]
DWELLING UNIT
A self-contained room or group of rooms and enclosed spaces, designed for and occupied exclusively by one family, intended for living purposes, containing one exclusive cooking facility and containing exclusive sanitary facilities. All dwelling units must be located in one of the following types of residential buildings:
[Amended 8-21-1997 by Ord. No. 97-5]
A. 
SINGLE-FAMILY DETACHEDA residential building which contains a single dwelling unit which is not attached to any other structure. The following are specialized types of single-family detached dwelling units:
(1) 
LOT LINE HOMEA single-family detached home which has one side of the home either resting on the side lot line or offset five feet from the side lot line and which has limited window openings in the wall that abuts the lot line.
(2) 
MOBILE HOMESee "mobile home" definition.
(3) 
VILLAGE HOMEA single-family detached home with a front porch and other design features intended to create a pedestrian-friendly village character.
B. 
SINGLE-FAMILY ATTACHEDA residential building which contains at least three single dwelling units in the same structure. The following are the specialized types of single-family attached buildings:
[Amended 4-1-2015 by Ord. No. 2015-01; 9-2-2015 by Ord. No. 2015-04]
(1) 
TRIPLEX BUILDINGA residential building containing three dwelling units. The dwelling units may be arranged in a variety of configurations. Generally, each dwelling unit will have its own outside access.
(2) 
QUADRUPLEX BUILDINGA residential building containing four dwelling units in which each dwelling unit extends vertically from the ground or basement level to the roof of the building. The dwelling units may be arranged in a variety of configurations. Each dwelling unit must have independent outside access.
(3) 
TOWNHOUSE BUILDINGA residential building containing five or more dwelling units in which each dwelling unit extends vertically from the ground or basement level to the roof of the building and is attached to similar dwellings. Townhouses are dwelling units in a townhouse building. Each unit must have independent outside access.
(4) 
AGE-TARGETED BUILDINGA building containing three or more dwelling units in which each dwelling unit extends vertically from the ground or basement level to the roof of the building and is attached to similar dwellings. The dwelling units may be arranged in a variety of configurations. Each dwelling unit must be provided with at least one bedroom located on the first floor, each unit must be provided with a garage, and each dwelling must have independent outside access.
C. 
TWO-FAMILY BUILDINGA residential building, not attached to any other structure, which contains two dwelling units. Included under this classification are those structures commonly referred to as "single-family semidetached (twins)" and "two-family detached (duplexes)."
[Amended 9-2-2015 by Ord. No. 2015-04]
D. 
APARTMENT BUILDINGA building containing four or more dwelling units which may share a common entrance or have individual entrances. Apartments are dwelling units within an apartment building or a mixed use building.
[Amended 9-2-2015 by Ord. No. 2015-04]
EMERGENCY
A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
[Added 2-7-2018 by Ord. No. 2018-01]
ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania.
[Added 12-26-1990 by Ord. No. 90-11]
FACING WALLS
The exterior walls of two structures are considered to be facing walls when a straight line drawn perpendicular to and extending outward from any point on an exterior wall of one structure intersects an exterior wall of another structure.
[Added 8-21-1997 by Ord. No. 97-5]
FAMILY
Any number of individuals living together as a single nonprofit housekeeping unit and doing their cooking on the premises, excluding, however, occupants of a club, fraternity house, lodge, residential club or rooming house.
FCC
Federal Communications Commission.
[Added 2-7-2018 by Ord. No. 2018-01]
FLOOR AREA, GROSS
The sum of the total horizontal areas of all floors of a building, measured from the exterior walls or from the center line of a wall separating two buildings. The term "gross floor area" shall include space with headroom of six feet six inches or more, including attics, interior balconies and mezzanines. In the Village Commercial District, the term shall not include interior parking spaces and loading space for motor vehicles.
[Added 12-26-1990 by Ord. No. 90-13; amended 10-22-1998 by Ord. No. 98-12]
FLOOR AREA, NET
The sum of the total horizontal areas of all floors of a building devoted to active use, measured from the exterior walls or from the center line of a wall separating two buildings. The net floor area shall include elevator shafts, stairwells and outdoor stairs at each story, but does not need to include nonused basements or attics.
[Added 8-21-1997 by Ord. No. 97-5]
GARAGE
A. 
GARAGE, PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, 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. Not more than two commercial vehicles or trucks may be stored in a private garage.
B. 
GARAGE, PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
C. 
GARAGE, STORAGEA 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 sale, service or repair thereof and not for the sale of fuel, accessories or supplies.
GARAGE/YARD SALE
The temporary sale from a residential property of tangible personal property belonging to the owners or occupants of the residence.
[Added 8-21-1997 by Ord. No. 97-5]
GASOLINE SERVICE STATION
Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs, nor the display or offering of motor vehicles for sale.
GREEN SPACE
See definition of "landscaped area."
[Added 12-4-1996 by Ord. No. 96-8]
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Pennsylvania Department of Health to grow and process medical marijuana. The term does not include a health-care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
[Added 2-2-2022 by Ord. No. 2022-01]
GROWER/PROCESSOR FACILITY
A building or structure and other appurtenances or improvements where a grower/processor grows and processes medical marijuana.
[Added 2-2-2022 by Ord. No. 2022-01]
GYMNASTICS FACILITY
A building containing spring floors, uneven bars, balance beams, parallel bars, high bars, trampolines, tumble tracts and strips, vaults and vault runways, springboards, pommel horses, ropes, rings, dance bars, mirrors and mats to be used for any or all of the following uses and not others: novice, intermediate and advanced gymnastics classes; parent-tot gymnastics classes; preschool gymnastics classes; competitive team gymnastics; gymnastics for special needs children; adult gymnastics classes; private gymnastics lessons; home school gymnastics classes; tumbling classes for cheerleaders; cheerleading classes; exhibition cheerleading squad composed of athletes with special needs; gymnastics birthday parties; gymnastics and music classes; and playgroup gymnastics for children in an obstacle course format.
[Added 7-6-2005 by Ord. No. 2005-10]
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.
HEIGHT OF A WIRELESS SUPPORT
The vertical distance measured from the ground level, including any base pad, to the highest point on a wireless support, but not including antennas mounted on the tower and any other WCFs. If the wireless support is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the wireless support height.
[Added 2-7-2018 by Ord. No. 2018-01]
HOME OCCUPATION
Any lawful occupation or business activity, permitted by this chapter, performed for financial gain which is conducted in whole or in part by a resident from his/her primary residence as an accessory use. See § 164-16 for home occupation standards.
[Amended 8-4-1982 by Ord. No. 82-8; 8-21-1997 by Ord. No. 97-5]
HOTEL
A building used for the purpose of furnishing for compensation more or less temporary lodging to the public, with or without meals, and having lodging accommodations for 10 or more persons.
IMPERVIOUS COVERAGE
The total percentage of impervious surfaces, measured by calculating the area of all impervious surfaces located within the gross lot area then dividing it by the gross lot area.
[Added 11-4-2020 by Ord. No. 2020-03; amended 11-1-2023 by Ord. No. 2023-04]
IMPERVIOUS SURFACE
A surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, buildings, streets, sidewalks, patios, pavements, roof areas, driveway areas, compacted stone and other areas determined by the Township Engineer to be impervious within the meaning of this definition.
[Added 11-4-2020 by Ord. No. 2020-03; amended 11-1-2023 by Ord. No. 2023-04]
INDUSTRY, HEAVY
A use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in the extraction of raw materials from the land, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.
[Added 12-4-1996 by Ord. No. 96-8]
INDUSTRY, LIGHT
A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage and distribution of such products, but excluding basic industrial processes and manufacturing that potentially involves hazardous or commonly recognized offensive conditions.
[Added 12-4-1996 by Ord. No. 96-8]
INSTITUTIONAL GROUP LIVING QUARTERS
Residential living quarters where the residents do not live together as a single housekeeping unit. To be considered a single housekeeping unit, all residents must have common use of and access to all living areas, eating areas, bathrooms and food preparation and serving areas. Dormitories, barracks, prisons, nursing homes, personal-care homes, life-care facilities, long-term care areas of hospitals, shelters, wards, juvenile institutions, group homes that meet the above definition, monasteries, convents and any other such living quarters that meets the above definition shall be considered an institutional group living quarter.
[Added 8-21-1997 by Ord. No. 97-5]
LANDSCAPED AREA
All landscaped areas of a lot, including planters, planted islands, landscaped buffers and screens, lawns, woods and any area that is not covered by buildings or paving.
[Added 7-22-1993 by Ord. No. 93-8]
LIFE SCIENCES
The sciences concerned with the study of living organisms (including biology, botany, zoology, microbiology, physiology, biochemistry), medical research and products, technology, and related subjects. Such use includes research and development, engineering, and/or testing laboratories for medical, life, and technical sciences, including light manufacturing and assembly, with accessory uses such as warehouse and distribution.
[Added 10-5-2022 by Ord. No. 2022-03]
LIFE-CARE FACILITY
An age-restricted continuing care development that provides a continuum of accommodations and care, from independent living units to personal care and nursing homes, and enters into contracts to provide lifelong care in exchange for the payment of periodic fees and an entrance fee. Independent living units are dwelling units located within a life-care facility.
[Added 8-21-1997 by Ord. No. 97-5]
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 or other structure or use, together with any accessory buildings or structures or uses customarily incidental to such principal building or other structure or use, and any such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such open spaces and the area and dimensions of such lot being not less than the minimum required by this chapter.
LOT AREA
The horizontal land area of a lot, further defined as follows:
[Amended 3-15-1989 by Ord. No. 89-2]
A. 
GROSS LOT AREAThe total horizontal land area lying within the lot or tract boundaries minus:
(1) 
The area lying between the street center line and the legal right-of-way line.
B. 
NET LOT AREAGross lot area minus:
(1) 
The area lying between the street legal right-of-way line and the ultimate right-of-way or equivalent right-of-way line.
(2) 
The land area of the access strip to rear, flag or interior lots.
(3) 
The right-of-way areas of overhead and underground utility lines.
LOT, EQUIVALENT
A hypothetical lot which demonstrates that proposed construction would comply with all standards required for a fee-simple lot within the same zoning district. Equivalent lots shall meet all lot area, density, lot width, building setback, building coverage, impervious coverage, green space, parking setback, required parking amount, other setback and other regulations that would be required for a fee-simple lot with the same use, building, construction and/or development on it.
[Added 6-22-2000 by Ord. No. 2000-5]
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 the street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line even though such may be the property boundary line.
LOT WIDTH
The horizontal distance between side lot lines, measured at the building line, parallel or concentric to the ultimate right-of-way line. For a corner lot, lot width shall be measured parallel or concentric to the ultimate right-of-way line of the higher classification of street, where applicable.
[Added 11-4-2020 by Ord. No. 2020-03]
MEAT PROCESSING FACILITY
A building or buildings used for the grinding, blending, tempering, slicing, freezing and packaging of fresh and/or frozen beef, chicken and pork for retail and wholesale distribution. A meat processing facility does not include any butchering, deboning, trimming of fat or processing of animal byproducts.
[Added 5-4-2016 by Ord. No. 2016-02]
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in the Medical Marijuana Act.
[Added 2-2-2022 by Ord. No. 2022-01]
MEDICAL MARIJUANA ACT
Act 16 of 2016, 35 P.S. § 10231.101 et seq., as amended from time to time.
[Added 2-2-2022 by Ord. No. 2022-01]
MICROBREWERY
Facility used for the production of beer or other fermented beverages, which based on industry standards produce less than 15,000 barrels of beer per year. Such facility includes the manufacturing of malt, with accessory uses such as tap room with food service, tasting room, retail sales, warehouse, and distribution.
[Added 10-5-2022 by Ord. No. 2022-03]
MOBILE HOME
A factory-built single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but bears a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards, under the authority of 42 U.S.C. § 5401. It shall be contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation.
[Added 3-15-1989 by Ord. No. 89-2]
MOBILE HOME LOT
A parcel of land in a mobile home park provided with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of a single mobile home, and the exclusive use of its occupants, though it may instead be designed, developed and used for a conventional single-family detached home rather than a mobile home.
[Added 3-15-1989 by Ord. No. 89-2]
MOBILE HOME PARK
A development of a tract of land which has been planned and improved in compliance with the requirements of the Mobile Home Park District for the placement of mobile homes or conventional single-family detached homes, or combinations thereof, for nontransient use; consisting of two or more mobile home lots and 15 acres or greater in size.
[Added 3-15-1989 by Ord. No. 89-2]
MODIFICATION
As used in Article XXIII of this chapter, the improvement, upgrade, expansion or replacement of existing wireless communication facilities or accessory equipment on an existing wireless support, including, but not limited to, any co-location, replacement or removal of WCFs.
[Added 2-7-2018 by Ord. No. 2018-01]
MODULAR HOME
A dwelling unit for permanent occupancy, made by assembling one or more factory-produced three-dimensional sections into one integral building, not capable of easily being separated for towing, whose construction materials must conform to those of conventionally-built units, as required by Lower Salford's building code.[2] Modular homes are considered conventional dwellings.
[Added 3-15-1989 by Ord. No. 89-2]
MONOPOLE
A wireless support 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. A monopole is a freestanding structure which does not use the support of guy wires.
[Added 2-7-2018 by Ord. No. 2018-01]
MOTOR COURT or MOTEL
A building or a group of two or more detached or semidetached buildings containing rooms or apartments having separate ground floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.
MOTOR HOME
A self-powered recreation vehicle used to provide temporary transient living facilities.
[Added 3-15-1989 by Ord. No. 89-2]
NEIGHBORHOOD DEVELOPMENT
A residential development in accordance with § 164-70.6 of this chapter.
[Added 9-2-2015 by Ord. No. 2015-04]
NONCOMMERCIAL RECREATIONAL USE
A recreational use conducted by a nonprofit association or a nonprofit corporation.
NONCONFORMING
A building or other structure, use or lot which, by reason of design, size or use, does not conform with the requirements of the district or districts in which it is located.
NO-IMPACT HOME-BASED BUSINESS
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the requirements of Article V (General Provisions), § 164-16.1 for no-impact home-based business standards.
[Added 1-6-2003 by Ord. No. 2003-1]
NON-TOWER WIRELESS SUPPORT
Any wireless support not included within the definition of "tower-based wireless support," including, without limitation, water towers, utility poles, light poles, public utility transmission towers, chimneys, smokestacks and existing buildings.
[Added 2-7-2018 by Ord. No. 2018-01]
NURSING HOME
Any licensed premises in which nursing care and related medical or other health services are provided, for a period exceeding twenty-four hours, for two or more individuals who are not relatives of the operator, who are not acutely ill and are not in need of hospitalization but who, because of age, illness, disease, injury, convalescence or physical or mental infirmity, need such care.
[Added 8-21-1997 by Ord. No. 97-5]
OFF-STREET LOADING AREA
An area located next to a building designed for the loading and unloading of materials from or into that building. Such area shall include loading spaces, backup areas and driveways for the exclusive purpose of providing safe and efficient access to the loading area.
[Added 12-4-1996 by Ord. No. 96-8]
OUTDOOR LIVING AREA
Any improved outdoor area extending from or attached to a dwelling unit and designed for the exclusive use of residents of that dwelling unit, including balconies, decks, patios, porches or similar areas, but not to include areas such as porticoes, which simply provide sheltered access to a dwelling unit.
[Added 8-21-1997 by Ord. No. 97-5]
PARKING SPACE
A reasonably level open or covered area with a dust-free all-weather surface for the storage of one automobile or other similar vehicle, accessible via a driveway.
[Amended 7-22-1993 by Ord. No. 93-8]
PARKING SPACE, ALL-WEATHER
A parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.
PARKING STRUCTURE
An accessory building to a permitted corporate office use, other than a private, public or storage garage, limited to two levels of parking, used solely for parking of motor vehicles (other than trucks), but not for the sale, service or repair of motor vehicles, and which design features mimic or match the permitted corporate office use so that the appearance of the structure is similar in architectural appearance and consistency with the permitted use.
[Added 7-6-2005 by Ord. No. 2005-8; amended 9-14-2005 by Ord. No. 2005-12]
PERSONAL CARE HOME
Any licensed or age-restricted (no less than 62 years of age) premises in which food, shelter, personal assistance, supervision or other supportive services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator and who do not require services in or from a licensed long-term care facility, but who do or may require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration or other supportive services and, in the case of an age-restricted premises, where the development was financed to the extent of at least 40% of the total project cost in whole or in part by low-interest rate (not greater than 1%) loans or subsidies provided by the Commonwealth of Pennsylvania and/or Montgomery County, Pennsylvania, and further provided that a parcel used for such age-restricted premises is no less than 9.0 gross acres nor more than 11.0 gross acres.
[Added 12-26-1990 by Ord. No. 90-16; amended 12-2-1998 by Ord. No. 98-16]
PERSONS
Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include, or apply to, the Township or to any department or agency of the Township.
[Added 2-7-2018 by Ord. No. 2018-01]
PERVIOUS PAVING MATERIAL
An all-weather paving material which allows for significant reduction in surface water runoff due to its absorptive or porosity characteristics. Such material and its construction details shall be approved by the Township Engineer. The pavement materials may include porous bituminous concrete mixtures, permeable interlocking concrete paving blocks, concrete grid pavers and perforated brick payers. Gravel or cinders shall not qualify.
[Added 6-22-2000 by Ord. No. 2000-5]
PUBLIC UTILITY
A company regulated by the Pennsylvania Public Utility Commission. Cellular communications companies and other companies not defined as a public utility by the Pennsylvania Public Utility Commission shall not be considered a public utility.
[Added 8-4-1999 by Ord. No. 99-10[3]]
PUBLIC UTILITY TRANSMISSION TOWER
A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
[Added 8-4-1999 by Ord. No. 99-10]
RECREATION VEHICLE
Recreation vehicles shall include tent trailers, travel trailers, motor homes, mini motor homes and any similar self-propelled or trailered vehicle used mainly to provide easily transportable, temporary living accommodations. Also included are snowmobiles, all-terrain vehicles and four-wheel drive vehicles meant for rugged, off-the-road use.
[Added 3-15-1989 by Ord. No. 89-2]
RELATED EQUIPMENT
Any piece of equipment related to, incident to, or necessary for, the operation of a wireless support or WCF. By way of illustration, not limitation, "related equipment" includes generators and ground cabinets.
[Added 2-7-2018 by Ord. No. 2018-01]
RETAIL SALES
Selling of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
[Added 12-18-1997 by Ord. No. 97-10]
RIGHT-OF-WAY or ROW
The surface of and space above and below any real property in the Township in which the Township 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, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township and also excluding pedestrian trails, footpaths and equestrian trails under the control of the Township. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way. For the purpose of Article XXIII, ROW shall include streets and roads owned by Montgomery County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.
[Added 2-7-2018 by Ord. No. 2018-01]
ROOMING HOUSE (see "tourist home")
A dwelling, not a single-family or two-family dwelling, apartment house or hotel, providing lodging, with or without meals, and having lodging accommodations for less than 10 guests.
SATELLITE USE
A commercial establishment in a shopping center located in a freestanding building independent of other buildings and frequently near the road frontage of the center. In shopping centers, all freestanding buildings with less than 10,000 gross square feet shall be considered satellite uses.
[Added 7-22-1993 by Ord. No. 93-8]
SHOPPING CENTER
A group of commercial establishments, planned and developed as an integrated architectural and functional unit, providing controlled, common vehicular access and parking. All commercial developments in the C Commercial District with 40,000 or more gross square feet of building area and more than one establishment shall be considered shopping centers and subject to shopping center standards.
[Added 7-22-1993 by Ord. No. 93-8]
SIGN
A structure, building wall or other outdoor surface or any device used for visual communication which is used for the purpose of bringing the subject thereof to the attention of the public or to display, identity and publicize the name and product or service of any person.
SKILLED NURSING FACILITY
Any licensed premises in which nursing care and related medical or other health services are provided, for a period exceeding 24 hours, for four or more individuals who need care because of age, illness, disease, injury, convalescence or physical or mental infirmity.
[Added 12-26-1990 by Ord. No. 90-16]
SPECIAL EXCEPTION
Permission or approval granted by the Zoning Hearing Board in accordance with § 164-133B hereof, in situations where provision therefor is made by the terms of this chapter.
SPORTS TRAINING FACILITY
A building that may contain spring floors, uneven bars, balance beams, parallel bars, high bars and similar gymnastic equipment, along with areas containing multi-sports floors, training facilities, and flexible space for the purpose of sports training and practice, performance and enhancement, including, but not limited to, skills for the following: gymnastics, martial-arts tricking, parkour, basketball, football, baseball, softball, soccer, volleyball, wrestling, field hockey, lacrosse, track and field, rugby, acro-dunking, dryland diving, dryland skiing, and dryland snowboarding. The flexible space may also be used for instructional classes, including, but not limited to, music and dance classes with an emphasis on gymnastic-related skills, sports practices, youth birthday parties, youth summer camps and indoor boot camp with an emphasis on gymnastic skills. All sports practices, birthday parties and summer camps shall have an instructional base and shall be related to the permitted activities of gymnastics, sports training, performance and enhancement. Any special events (such as competitions, tournaments and invitationals) which exceed 80 participants at any one time in the building shall be required to obtain the prior written permission of the Township Zoning Officer. Notice of the competition and/or special event shall be provided to the Zoning Officer at least 30 days in advance and shall include the date, number of participants and a parking plan for the event. Notwithstanding anything in the use description above to the contrary, in no event may a sports training facility include fitness club memberships, and all fitness equipment shall be accessory to sports training, performance and enhancement.
[Added 2-1-2017 by Ord. No. 2017-01]
STEALTH DESIGN
Design criteria for communications antennas and related facilities to enhance compatibility with adjacent land uses, including, but not limited to, an architecturally screened and/or landscaped communications antenna and the related facilities and communications towers which are designed to look other than like a communications tower, such as a light pole, a component of a building or a tree.
[Added 8-4-1999 by Ord. No. 99-10]
STEALTH TECHNOLOGY
Camouflaging methods applied to wireless supports, WCFs, base stations, related equipment, 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 or building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, and light poles.
[Added 2-7-2018 by Ord. No. 2018-01]
STREET
A right-of-way municipally or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and space for sewers and public utilities.
STREET LINE
The dividing line between a lot and the outside boundary or right-of-way line of a public street, road or highway legally opened or officially plotted, or between a lot and a privately owned street, road or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
STRUCTURAL ALTERATION
Any change in or addition to the supporting or structural members of a building, such as the bearing walls, partitions, columns, beams or girders, or any change which would convert an existing building into a different structure, including the enclosing of a porch, or would adapt it to a different use or which, in the case of a nonconforming use, would prolong the life of such use.
STRUCTURE
Any form or arrangement of building materials involving the necessity of providing support, bracing, typing, anchoring or other protection against the forces of the elements.
SUBSTANTIAL CHANGE
Any modification of a wireless support, including the placement of any WCFs thereon, that results in the following:
[Added 2-7-2018 by Ord. No. 2018-01]
A. 
For all wireless supports:
(1) 
Any increase in the number of equipment cabinets beyond the industry standard for the technology involved, and in any case an increase in the total number of existing and new equipment cabinets to greater than four;
(2) 
Any modification that requires the excavation or deployment outside of the current site of the wireless support;
(3) 
Any modification that defeats the existing concealment and stealth technology efforts of the wireless support;
(4) 
Any modification that does not comply with the conditions associated with the initial or subsequent approval of the construction or modification of the wireless support.
B. 
For tower-based wireless supports outside of rights-of-way:
(1) 
Any increase in the height of a tower-based wireless support by more than 10% of its existing height, or by the height of one additional antenna array with separation from the nearest existing antenna by more than 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
(2) 
Any increase in the horizontal width of a tower-based wireless support by more than 20 feet, or by an amount equal to the existing width of the tower-based wireless support, whichever is greater.
C. 
For tower-based wireless supports in rights-of-way and all non-tower wireless supports:
(1) 
Any increase in the height of a wireless support by more than 10% of its existing height, or by more than 10 feet, whichever is greater; or
(2) 
Any increase in the horizontal width of a wireless support by more than six feet.
TECHNOLOGY AND ENGINEERING
Work directed toward the innovation, introduction, and improvement of products and processes, including research, engineering, laboratory, testing, training, product development, high technology, production, and assembly of light goods. Such use also includes offices, display areas, sales areas for design, and accessory uses such as warehouse and distribution.
[Added 10-5-2022 by Ord. No. 2022-03]
TENURE
The form of occupancy of a unit, i.e., fee simple sale, rental, condominium, cooperative, etc.
[Added 3-15-1989 by Ord. No. 89-2]
TOPSOIL
The original upper layer of soil material that is usually darker and richer than the subsoil.
[Added 8-21-1997 by Ord. No. 97-5]
TOURIST HOME
A dwelling in which sleeping accommodations for fewer than 10 persons are provided for compensation.
TOWER-BASED WIRELESS SUPPORT
Any tower, monopole, or other structure which has a primary purpose of supporting wireless communication facilities thereto, which has received approval from the Township, as required in this chapter, to be designated as a wireless support. This definition shall include, but not be limited to, DAS hub facilities, self-supporting lattice towers, guy towers and monopoles.
[Added 2-7-2018 by Ord. No. 2018-01]
TOWNSHIP
Lower Salford Township, Montgomery County, Pennsylvania.
[Added 2-7-2018 by Ord. No. 2018-01]
TRACT
A lot that is the subject of a land development or subdivision application, a lot that has been the subject of a land development or a lot that existed prior to a subdivision.
[Added 8-21-1997 by Ord. No. 97-5]
TRAILER CAMP
Any land used or designated to be used as parking space for more than one house trailer.
TRAILER, HOUSE
Any vehicle used for living or sleeping purposes.
TRAVEL TRAILER
A recreational vehicle requiring a separate power source for pulling it, which may include living, sleeping, eating and sanitary facilities, but which is designed for vacation travel and not for long-term or permanent occupancy.
[Added 3-15-1989 by Ord. No. 89-2]
VARIANCE
Permission or approval granted by the Zoning Hearing Board in accordance with § 164-133C hereof, constituting a modification of or deviation from the exact provisions of this chapter as applied to a specific piece of property.
[Amended 8-4-1982 by Ord. No. 82-8]
WATER SURVEY
An inventory of the source, quantity, yield and use of groundwater and surface water resources for the whole Township or a portion of the Township.
[Added 12-26-1990 by Ord. No. 90-11]
WBCA
Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.), as amended.
[Added 2-7-2018 by Ord. No. 2018-01]
WHOLESALE SALES
Selling of merchandise to retailers; to industrial, commercial, institutional or professional business users; or to other wholesalers.
[Added 12-18-1997 by Ord. No. 97-10]
WINDOW OR OTHER TRANSPARENT SURFACE
All transparent windows, doors and other surfaces on a wall, except clerestory windows. Translucent materials or windows, such as glass block or frosted glass, shall not be considered windows or other transparent surfaces.
[Added 8-21-1997 by Ord. No. 97-5]
WIRELESS
Transmissions through the airwaves including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
[Added 2-7-2018 by Ord. No. 2018-01]
WIRELESS COMMUNICATIONS FACILITY (WCF)
The set of equipment and network components, including antennas, nodes, control boxes, conduits, ducts, pedestals, electronics and other equipment, used for the purpose of transmitting, receiving, distributing, or providing wireless communications services. The term does not include any wireless support.
[Added 2-7-2018 by Ord. No. 2018-01]
WIRELESS SUPPORT
Any support structure that supports wireless communications facilities, regardless of its primary purpose, including but not limited to towers, monopoles, buildings, water towers, utility poles and light poles that could support the placement or installation of WCFs, if approved by the Township. This term does not include the wireless communications facility attached thereto.
[Added 2-7-2018 by Ord. No. 2018-01]
YARD
Except as provided in Article V, § 164-15B(1), an open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky.
[Amended 9-4-1974 by Ord. No. 74-5]
A. 
FRONT YARDA yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any structure on the lot.
B. 
REAR YARDA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the nearest point of any structure on the lot.
C. 
SIDE YARDA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of any structure on the lot.
YIELD PLAN
A plan of theoretical subdivision based on the location of existing natural features that lays out the site with streets and lots for the purpose of calculating the yield of residential lots which the site may support. All lots laid out on a yield plan shall comply with all requirements of the zoning district in which the subdivision or land development is proposed and shall be laid out in strict compliance with the dimensional, lot area, floodplain and public improvements required by this chapter and Ch. 142, Subdivision and Land Development.
[Added 10-6-1999 by Ord. No. 99-12]
[1]
Editor’s Note: The definitions of “communications antenna,” “communications equipment building,” and “communications tower,” all added 8-4-1999 by Ord. No. 99-10, and which immediately followed, were repealed 2-7-2018 by Ord. No. 2018-01.
[2]
Editor's Note: See Ch. 58, Building Construction.
[3]
Editor's Note: This ordinance also provided for the repeal of the former definition of "public utilities facilities."