Douglass Township City Zoning Code
ARTICLE II
Terminology
§ 265-34 Word usage.
For the purpose of this chapter, certain words shall have the meaning assigned to them, as follows:
A.
Words used in the present tense include the future. The singular number includes the plural and the plural the singular.
B.
The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for," or "occupied for."
C.
The word "person" includes an individual, corporation, partnership, incorporated association or any other similar entity.
D.
The word "includes" or "including" shall not limit the term to the specified example, but is intended to extend its meaning to all other instances of like kind and character.
§ 265-35 Definitions.
The following words and phrases shall have the meaning given in this section as follows:
A piece of land which provides physical access to, and legal road frontage for a lot, but which does not comply with the minimum lot width regulations of this chapter. Access strips provide access to "rear" and "interior" lots. The area of an access strip shall not be included in the minimum lot area required under the provisions of this chapter.
A detached building subordinate to the principal building on the lot and used for purposes customarily incidental to those of the principal building. There shall be no distinction between a permanent or non-permanent accessory building.
A dwelling unit that is accessory to a single-family dwelling that is located on the same lot.
An alternative energy system that consists of one or more ground mounted or free-standing solar or wind collection devices and solar or wind energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar or energy to a different form of energy and is an accessory use to a residential, industrial, institutional, agricultural, or commercial use.
An alternative energy system that consists of one or more building mounted or integrated solar collection devices and solar energy related equipment and other associated infrastructure with the primary intention of generating electricity or otherwise converting solar energy to a different form of energy and is an accessory use to a residential, industrial, institutional, agricultural, or commercial use.
A use subordinate to the principal use of land or a building or other structure on a lot and customarily incidental thereto.
The Pennsylvania Municipalities Planning Code, originally enacted as Act 247 of 1968, which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania. All subsequent amendments are included.
A planned residential community with usable open space and recreation facilities. On-site services like a medical office or cafe that serve only the residents of the community are permitted. Each residential unit will only be permanently occupied by persons aged 55 or above with the following exceptions:
A spouse under 55 years if married to a resident over that age.
Up to two children, or one child and one child-in-law, over 18 years of age, residing with at least one parent over 55 years of age whose presence is required to care for that parent.
A spouse under 55 years of age who is the surviving member of a previously qualified household.
A live-in nurse or similar caretaker whose presence is required to care for an occupant over 55 years of age.
Any adult child with special needs that must reside with at least one qualified parent.
A facility in which adult daily living services are provided for four or more adults not related to the operator.
A building or portion thereof that includes an adult bookstore, adult dancing establishment, adult motion picture theater, or similar use where specified sexual activities are performed or where specified anatomical areas are viewed by persons other than the artist and one other person with the consent of the client.
ADULT BOOKSTOREAn establishment which has as a substantial or significant portion of its stock-in-trade, books, magazines or other periodicals and which excludes minor by virtue of age.
ADULT MOVIE HOUSESAn enclosed building with a capacity of 50 or more persons used for presenting motion pictures, films, movies, slides or similar photographic reproductions for observation by persons therein and which excludes minors by virtue of age.
ADULT MINI THEATERAn enclosed building with the capacity for less than 50 persons used for presenting motion pictures, films, movies, slides or other similar photographic reproductions for observation by persons therein, and which excludes minors by virtue of age.
MASSAGE PARLORSAny place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such items, by a member of the opposite sex.
OTHER ADULT USESAny business, activity or use similar to or of the same general nature as the uses listed above. This sections shall include, but shall not be limited to, rap centers, nude wrestling studios, sensitivity centers and escort bureaus, all of which exclude minors by virtue of age as patrons thereof.
A building or structure on a parcel that is primarily used for cultivation of agricultural crop production for sale to the public.
The division of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access, which, according to Act 247, the Pennsylvania Municipalities Planning Code, is exempted from zoning and subdivision requirements. Land divided for agricultural purposes must be used in compliance with the definition of "agricultural use," herein, or the division shall be considered null and void.
The active use of land for growing and harvesting of crops, as food for humans or animals, and also including nursery, greenhouse production, horticulture, and forestry uses; and/or the raising, consumption and/or selling of livestock as a source of meat, poultry, dairy products, hides or other animal products. At least 50% of a parcel, lot or tract must be actively used as described in this definition to qualify as an agricultural use. Agricultural use and agricultural purpose shall be interchangeable terms.
Activities conducted on and accessory to a working farm and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in the farm operation. These activities must be directly related to agricultural or natural resources. Typical agritourism enterprises include but are not limited to: U-pick operations, Christmas tree farm/cut your own, wineries and winery tours/tastings, corn mazes, farm-related interpretive facilities and exhibits, agriculturally related educational and learning experiences, events/fairs/festivals, on-site farm/garden/nursery tours, horseback riding, event space, recreation-related operations(outfitters/fishing and hunting facilities/bird-watching/cross-country skiing).
A minor vehicular right-of-way, public or private, on which no principal structures front, which serves as a secondary means of access to two or more properties which otherwise front on a public street.
A subordinate use that is controlled by a larger permitted use. An example is a public garage (tires, batteries and accessories) or garden shop controlled by a department store.
A facility specializing in the care of dogs, cats, or other common household pets. Such use may include veterinary care and the grooming, training, and the like for household pets.
The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
A tract or parcel of land that contains the communication antenna, its support structure, accessory building(s) and parking.
Any pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
The person, persons or legal business organization of any type responsible for submission of a proposal for subdivision, land development, zoning amendment, building permit, variance, special exception or conditional use. For the purposes of this chapter, "applicant" and "owner" may be used interchangeably.
A facility specializing in the manufacture and production of goods created on-site by a craftsperson using hand tools and/or small-scale, light mechanical equipment. Examples of such work include pottery, fiber crafts, sculpture, leathercraft, jewelry, soaps, metalwork, cabinetry, stained glass, textile production, candle-making, hand-made food products, and fabrication of crafts of similar scale and intensity. Artisan manufacturing may also include demonstration/instruction in the production processes, offices and the display or retail sale of goods produced on-site.
A dwelling unit within a continuing care retirement community providing a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living.
The general repair of automobiles, trucks, and the like, and the sale of auto parts and supplies. Service may include but is not limited to car washing and detailing, painting, body repairs, maintenance, and general repairs
A commercial use for the sale, rental, and repair of motor vehicles, including new and used cars, trucks, recreational vehicles, and/or farm equipment, having both indoor and outdoor display areas, and providing maintenance and repair services for vehicle owners.
A building or portion thereof where the primary use is the processing of credit or monetary transactions, including a savings and loan association, credit union, and other financial establishment.
A single-family dwelling that provides a maximum of three guest rooms for six guests on an overnight basis for periods not to exceed 14 days.
Any structure located on or under the land.
The ratio obtained by dividing the maximum horizontal cross-section of all principal buildings on a lot by the net lot area of the lot upon which the buildings are located.
That area of a lot, circumscribed by the yard lines, within which a building(s) may be built.
For calculating maximum total sign area, building frontage is defined as the maximum horizontal dimension measured along the wall of the building which serves as the principal approach to the building, excluding eaves, overhangs, buttresses and other non-occupiable building extensions. The principal approach to a building shall be that side which contains the main entrance doors. For corner lots the additional sign area shall be calculated along the side of the building which faces the second street.
The line which serves as the rear boundary of the minimum front yard. For the purpose of measuring lot width at the building line the following apply:
For wedge-shaped lots which are narrower at the street than at the rear property line, the building line may be moved back from the minimum front yard depth to a point where the lot width equals the minimum required for the district, provided that at least 50 feet of street frontage are provided and the lot complies with all other dimensional requirements of the district; and
Where "rear" or interior" lots are permitted, the building line shall be oriented as parallel or concentric to the street from which access is provided as is feasible, and set back from the intervening property line at least the minimum front yard depth.
A building or portion thereof consisting of workspaces for the conducting of business by employees and which may involve public access or appointment-only customer/client interaction.
A commercial facility and/or structures used for the purpose of cleaning the exterior and/or interior surfaces of motor vehicles, whether self-service or operated by attendants or employees.
Land used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with the cemetery and within its boundaries.
A sewage disposal network and facilities, or water supply network serving a group or series of property owners in common; may be publicly or privately owned.
A building or portion thereof that houses the headquarters or meeting place of members of a non-profit organization where educational, social, or recreational activities take place.
An alternative development method where in structures are arranged in closely related groups, reducing lot sizes, preserving land for open space and permitted more imaginative site design than may be possible under standard development.
All the real property and improvements set aside for the common use and enjoyment of the residents, including, but not limited to, buildings, open land, private roads, parking areas, walkways, recreation areas, landscaped areas, drainage easements, and any utilities that service more than one unit, such as sewer and water facilities.
That portion of a tract that is set aside for the protection of sensitive natural features, farmland, scenic views, and other unique features. Open land may include recreational uses and be accessible to the residents of the development and/or the Township.
Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by or permitted by the Federal Communications Commission (FCC) to operate such device.
Land managed and maintained by public/nonprofit organization or group of individuals to grow and harvest food crops and/or ornamental plants for use or donation.
The Douglass Township Comprehensive Plan, as updated in 1988.
A form of permitted use, authorized by this chapter, under the jurisdiction of the Board of Supervisors. The Board of Supervisors is empowered to grant permission for conditional uses, consistent with the public interest, in compliance with the standards and procedures established in this chapter, following thorough examination of the proposal, and under any reasonable safeguards necessary to implement the purposes and intent of this chapter and to protect the general welfare.
The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
A community providing independent, assisted, and nursing home living arrangements for person(s) 55 years of age and older as part of a planned community.
Offices and supply/fabrication shops for services rendered in the building trades.
A small-scale shopping center located in an area of the Township which is not conveniently served by commercial development in the Gilbertsville core area, and which is designed to satisfy the routine, daily needs of nearby residents for goods and services.
A mini food market where retail trade intended for quick sale and carry-out is the principal use. Such use shall not specialize in a particular product, but offer an array of different items.
The remodeling or alteration of a structure so as to accommodate more leasable or salable units or a different use than what had originally been intended for the structure. Conversions include the alteration of a nonresidential structure into a dwelling unit(s) for at least one family, the modification of a single-family structure to accommodate more units than originally intended, the alteration of existing dwellings into commercial uses, and the alteration of an existing dwelling into a mixed commercial and residential use.
A lot having contiguous frontage on two or more intersecting roads.
Single-family detached homes on lots of at least four acres in the R-1 District and two acres in the R-A District. Country residences with no open space is an option for development on tracts greater than 20 acres in the R-1 and R-A Districts as a conditional use in the Residential Cluster Development Overlay.
A facility used primarily for the storage, management, processing, and transmission of digital data, which houses computer and/or network equipment, systems, servers, appliances, and other associated components related to digital data operations. Such facility may also include air handlers, power generators, water cooling and storage facilities, utility substations, and other associated utility infrastructure to support sustained operations.
Any dwelling or building which provides child or adult care services. Child day-care facilities shall be further differentiated by the following three classifications:
ADULT/CHILD DAY-CARE CENTERA facility in which care is provided for seven or more children at any one time, where the child care areas are not being used as a family residence and/or a facility in which adult daily living services are provided for four or more adults not related to the operator.
FAMILY DAY-CARE HOMEAny family residence other than the child's own home, in which child day care is provided at any one time to up to six people, who are not relatives of the resident caregiver.
GROUP DAY-CARE HOMEA facility in which care is provided by a resident caregiver for more than six but less than 12 children at any one time, where the child care areas are being used as a family residence.
The number of dwelling units per developable acre.
For the purpose of calculating density per developable acre, the developable acreage should equal the gross land area of the proposal, minus the following acreage:
All land within existing and/or proposed rights-of-way for all public and/or private roads.
All overhead and underground utility easements and/or rights-of-way.
Soils with slopes of 15% or greater as defined by the Soil Survey of Montgomery County, 1967.
All alluvial soil floodplain or the extent of the 100-year floodplain delineated in the Flood Insurance Study for Douglass Township, Montgomery County, Pennsylvania, dated November 15, 1983, as prepared by the Federal Emergency Management Agency, Federal Insurance and Mitigation Administration.
Any man-made change to improve or unimproved real estate including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations.
Any building, design, facility, or structure, or portion thereof, from which a business, product, or service is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during the transaction.
A private cartway providing vehicular access between a public street and a lot, property or development, and/or providing vehicular circulation within a lot, property or development.
For the purposes of this chapter, the following are the definitions of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLING UNITA building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units.
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes.
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side, with each occupying the total space from ground to roof, and joined to each other by a vertical, common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall.
DUPLEX (TWO-FAMILY DETACHED)A two-family building with two separate dwelling units, one over the other, so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot.
SINGLE-FAMILY ATTACHED DWELLING UNITA single-family attached or semi-detached (in the case of end units) dwelling within a multi-dwelling building, consisting of at least three but no more than five such dwelling units, with each unit occupying the total space from ground to roof, and joined to each other by not more than two vertical, common party walls, which also serve as the lot line dividing the properties. Townhouses may be 1, 2, or 3-level dwelling units, provided they do not exceed the district height limitation.
MULTIFAMILY DEVELOPMENTA detached residential building containing three or more dwelling units with units arranged in a variety of combinations including side-by-side, over and under, or back-to-back with another dwelling unit.
MULTIFAMILY CONVERSIONThe remodeling or alteration of a single-family home to a multifamily use.
MANUFACTURED HOMEA mobile home or a transportable, single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, 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. The term includes park trailers, travel trailers and other similar vehicles which are placed on a site for more than 180 consecutive days.
MODULAR HOMEA 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 conventionally-built units, as required by the Township's Building Code, and must be placed on a permanent foundation. A copy of the Structural Engineering Bulletin(s) must be provided to the Board of Supervisors, indicating approval of the dwelling or its components by the U.S. Department of Housing and Urban Development.
INDEPENDENT LIVING UNITA single-family detached, single-family semi-detached, or single-family attached dwelling unit within a Continuing Care Retirement Community.
ASSISTED LIVING UNITA dwelling unit within a Continuing Care Retirement Community providing a special combination of housing, supportive services, personalized assistance, and health care designed to respond to the individual needs of those who need help with activities of daily living.
NURSING HOME UNITA living arrangement within a Continuing Care Retirement Community that provides nursing care and related medical services on a twenty-four-hour basis to two or more individuals because of illness, disease, or physical or mental infirmity, and including specifically designed memory care units. Provides care for those persons not in need of hospital care.
One or more rooms with cooking and sanitary facilities provided solely for the living purposes of one family.
A facility, building, lot, parcel, use, or group of facilities, buildings, and uses that provides a broad educational curriculum to individuals enrolled therein, and is licensed by the State Department of Education, including private and public kindergartens, elementary, junior and senior high schools, colleges, universities, and theological schools.
Such use shall include ambulance, fire, police, rescue, and other emergency services of a municipal or volunteer nature.
A lot created to promote the conservation of agricultural and natural lands. An estate lot shall contain a minimum of five acres and a maximum of 20 acres. All but 2.5 acres of an estate lot may be used to meet minimum open space requirements. All such open space shall meet the standards of § 265-73 of this chapter, as amended. The portion of the lot not used for open space must include all existing and proposed buildings, structures, and paved areas. Estate lots may include one dwelling unit, which shall not be counted toward maximum density requirements. To ensure compatibility with neighboring residential lots, estate lots shall be deed restricted with respect to location, types and intensity of agricultural uses on the estate lot. Estate lots shall also be deed restricted against further subdivision and development. The content of such deed restrictions shall be submitted to the Board of Supervisors for their review and approval. Documents evidencing the deed restriction shall be recorded concurrently with the final subdivision plans.
A location, building, site or structure that is not a restaurant which is rented as a place for the purpose of accommodating a group of diners, guests, or other attendees for functions such as banquets, wedding receptions, parties, entertainment, meetings, conferences, performances, and/or similar gatherings.
The exterior walls of any two buildings 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 building intersects an exterior wall of another building.
A single housekeeping unit functioning as a family within that household, with the composition of the group sufficient stable and permanent so as not to be fairly characterized as transient and such unit being a single, nonprofit housekeeping unit and functioning as a family within the household.
A market held in an open area in a structure where groups of individual sellers offer for sale to the public such items as agricultural produce, seasonal fruits, fresh flowers, and items customarily sold or dispensed at farmers' markets from booths, tables, or vehicles located on site.
For the regulatory purposes of the National Flood Insurance Program and the Pennsylvania Floodplain Management Act additional definitions are found in Chapter 230, Subdivision and Land Development, and the Township's Building Code, as amended, and are hereby made a part of the definitions of this chapter, by reference.
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
The face of a building that is closest to a street and contains the front door or other features identifying it as the primary face of the building.
An area of land, together with any structure thereon, used for:
The retail sale of motor fuel and lubricants and ancillary services, such as lubrication and washing of motor vehicles; and
The sale, installation or minor repair or tires, batteries or other automobile accessories;
Routine servicing and mechanical repair of motor vehicles, excluding major body, upholstery and restoration work.
A building or portions thereof used for human funeral services. Such facilities may contain provisions for chapel, embalming, viewing, and other services used in preparation of the dead, including the storage of caskets, supplies, and funeral vehicles.
PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned or used by the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial parking, service or repair of motor vehicles.
STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles and for the service or repair of only the vehicles kept therein, and not for the sale of fuel, accessories or supplies.
The total acreage of a property, tract, lot or parcel proposed for subdivision or land development, including lands within existing street rights-of-way, floodplains and steep slopes.
The total floor area designed for owner or tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet and measured from the center line of partitions and from outside wall faces; not including public or common areas, such as public toilets, corridors, stairwells, elevator lobbies or enclosed mall spaces. Also known as "gross floor area."
A facility, building, lot, parcel, use, or group of facilities, buildings, and uses engaged in the manufacturing, fabrication, assembly, processing, and packaging of natural and man-made materials, chemicals, synthetics, and other organic and inorganic products.
The vertical distance measured from the average elevation of the existing grade at the location of the building to the highest point of the roof for flat roofs; to the deckline of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs; provided that chimneys, spires, towers, mechanical penthouses, tanks and similar projections of the building not intended for human occupancy, shall not be included in calculating the height. If there are two or more separate roofs on a single building, the height of such building shall be calculated from the highest roof.
The vertical distance measured from ground level to the highest point on the sign, or its supporting structure.
PERSONAL USE HELIPORTA helicopter landing area (sometimes known as a "helistop") licensed by the Pennsylvania Department of Transportation for the purpose of picking up and discharging passengers or cargo. No fueling, helicopter repair or storage area(s) are permitted in conjunction with the operation of a personal use heliport.
COMMERCIAL HELIPORTA landing area for helicopter which includes facilities for fueling, repair and storage of helicopters and which is licensed by the Pennsylvania Department of Transportation.
The point at which vehicular traffic enters or exits a public right-of-way from an abutting land use.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.
Certified or preliminarily determine by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Any lawful occupation or business activity performed for financial gain which is conducted in whole or in part by the resident(s) from his/her primary residence, where the occupation is secondary to the use of the dwelling for living purposes and the residential character of the dwelling is maintained.
A community association combining individual homeownership with shared use or ownership of common property and facilities. The homeowner owns the lot, including the interior and exterior of the individual home, while the association owns and maintains the common facilities.
A building or portion thereof providing health-care services that offers therapeutic, clinical, temporary, or emergency medical, dental, or surgical care procedures to the sick and injured, and licensed by the Commonwealth to provide such facilities and services.
A building which provides six or more rental rooms with private sleeping facilities for transient guests and which has the following characteristics:
The percentage of the total lot area covered by buildings and paved surfaces which do not permit water to penetrate into the soil. This includes buildings (both principal and accessory), parking, driveways, walks, courts, pools (swimming and ornamental) and patios, unless constructed of pervious or porous materials that allow for water to infiltrate into the soil, as determined by the Township.
A single-family detached, single-family semidetached, or single-family attached dwelling unit within a continuing care retirement community.
An indoor facility designed to accommodate sports such as bowling, ice-skating, roller skating/blading, skateboarding, and the like, as well as arcade games and indoor sport courts. This use shall also include fitness studios, yoga studios, and gyms.
An area of land, with or without buildings, used for storage of used and discarded materials, including but not limited to wastepaper, rags, metal, building material, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard.
An establishment licensed by the commonwealth to operate and house cats, dogs, or other permitted household pets, and where breeding, boarding, training, or selling of animals is conducted.
A business or use that provides washing, cleaning, and drying machines for hire or rent, to be used by customers on the premises.
A facility building, lot, parcel, use, or group of facilities, buildings, and uses that is open to the general public or a subset thereof (i.e. senior citizens) for educational, social, or recreational programs and other community uses, and owned and operated by a civic, educational, municipal, philanthropic, religious, or tax-exempt entity.
A facility, building, lot, parcel, use, or group of facilities, buildings, and uses engagement in the light manufacturing of beverages, confections/baked goods, food products(exclusive of meats and fish packing, and the rendering or refining of fats and oils), cosmetics, pharmaceuticals, ceramics, clothing, plastics, electrical goods, furniture, hardware, tools, dies, patterns, professional and scientific instruments, jewelry, time pieces, optical goods, musical instruments and toys, electronic, small parts assembly and/or manufacture, printing, publishing, lithographing, and other similar processes. The processing, fabrication, assembly, treatment packaging, incidental storage, and distribution of such products is included under this use.
A contiguous tract, parcel or unit of land intended for use, development, leasehold or transfer or ownership, and for which a deed description is recorded or is intended to be recorded at the office of the Recorder of Deeds for Montgomery County, and/or Berks County if the lot overlaps the county boundary.
The horizontal land area of a lot, further defined as follows:
GROSS LOT AREAThe total horizontal land area lying within the lot or tract boundaries.
NET LOT AREAGross lot area minus:
The area lying between the street center line and the ultimate right-of-way line or equivalent right-of-way line.
The land area of the access strip to rear, flag or interior lots.
One-half of all land area within slopes of 15% or greater, as defined by the soil survey or by accurate contour mapping.
The entire surface area of all lakes or ponds.
Any property boundary line of a lot, further defined as follows:
Front lot line is the line identical with the ultimate right-of-way line or equivalent right-of-way line. (Also known as "street line.")
Rear lot line is the line or lines most nearly parallel or concentric to the front lot line.
Side lot lines are the lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable, as described in the Township Comprehensive Plan and as determined by the Township. The remaining line shall be considered the rear lot line.
A lot which fronts on more than one street shall have a front lot line on each street frontage.
A development alternative, permitted only in specified districts, which allows a building to be constructed contiguous with one lot line, thereby increasing the yard area on the opposite side of the building for useful purposes.
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.
Also known as rear or flag lot. A lot which conforms in all respects to the dimensional requirements of the district in which it is located, except that road frontage and access is limited to an access strip, as defined herein. This definition does not include the commonly-used, wedge-shaped lots located on a cul-de-sac turnaround.
Refer to "dwelling types."
A 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 includes the facility from which medical marijuana is dispensed.
A building or group of buildings for the office of more than one dentist and/or physician or for multiple offices by a group of dentists and physicians whose practices are not related, and are used for the diagnosis, examination, surgery, or other treatment of persons as outpatients and for laboratories incidental thereto.
A facility specializing in the production, packaging, sampling, sale, and on- or off-premises consumption of beer, wine, cider, malt beverages and/or distilled liquors. Production of beer, wine, cider, malt beverages and/or distilled liquors shall not exceed a combined total of 100,000 gallons annually.
A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customer's goods and wares.
A building which contains both residential dwelling unit(s) and at least one nonresidential use.
A self-contained food service operation, located in a readily movable motorized, wheeled, or towed vehicle, used to store, prepare, display, or serve food intended for individual portion service.
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more lots, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of manufactured homes.
Refer to "dwelling types."
A building or group of buildings which provides rental rooms with private sleeping and bathroom facilities for transient guests, and which generally has the following characteristics:
A self-powered recreation vehicle used to provide transient living facilities.
A commercial use for the sale and repair of motor vehicles, including new and used cars, trucks and/or farm equipment; having both indoor and outdoor display areas, and providing maintenance and repair services for vehicle owners.
A plant native to Pennsylvania, as identified in the most recent edition of the Vascular Flora of Pennsylvania, Annotated Checklist and Atlas.
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
A lot or site which does not comply with the applicable dimensional regulations, including those related to site area, lot area and lot width, in this chapter or amendments hereafter enacted where such lot was lawfully in existence prior to enactment of this chapter or amendments.
Any sign legally existing at the time of the passage of this chapter that does not conform in use, location, height or size to the regulations of Article XXIV, Sign Regulations.
A structure which does not comply with the applicable dimensional regulations, including those relating to density, impervious surfaces, building coverage, building height and setbacks in this chapter or amendments hereafter enacted where such structure was lawfully in existence prior to enactment of this chapter. Such structures including, but are not limited to, buildings, fences and swimming pools.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendments hereafter enacted where such use was lawfully in existence prior to the enactment of this chapter or amendments, or prior to the application of such chapter or amendment to its location by reason of annexation.
A building or structure erected for uses customarily incidental to a legally established nonresidential use.
A living arrangement within a continuing care retirement community that provides nursing care and related medical services on a twenty-four-hour basis to two or more individuals because of illness, disease, or physical or mental infirmity, and including specially designed memory care units. Provides care for those persons not in need of hospital care.
Any improved outdoor area extending from or attached to a dwelling unit and designed for the exclusive use of the residents of that dwelling unit; including balconies, patios, porches or similar areas, but not including structures such as porticos, which simply provide shelter access to a dwelling unit.
Land or facilities providing regularly scheduled recreation-oriented activities in an outdoor setting. Examples of such facilities include, but are not limited to: miniature golf courses, swimming pools, sport courts, athletic fields, parks/playgrounds, trails, and similar uses which are not enclosed in buildings and are operated on a commercial or membership basis, primarily for the use of patrons who do not reside on the same lot or premises. Outdoor recreation shall include any accessory use, such as snack bars, pro shops, clubhouses, country clubs, or similar uses which are designed and intended primarily for the use of patrons of the principal recreational use. Outdoor recreation shall not include amusement parks or overnight camping.
The outdoor keeping of inventory, stock, material, merchandise, or any goods in an unroofed or open area for more than 24 hours for sale or storage purposes.
Overnight lodging includes hotels, motels, inns, bed-and-breakfasts, and similar uses where guests may rent a room on a nightly basis for a fee.
An open or covered area with a dust-free all-weather surface for the storage of one automobile, accessible via a driveway.
A building or structure designed and used for the parking of motor vehicles open to customers, patrons, or tenants of a business or residence, all or parts of which may be above or below ground.
Public lands held for conservation and open space preservation, including open space dedicated to Douglass Township or Montgomery County. All parkland is limited to uses of a primarily passive, non-intensive, and non-motorized nature, including, but not limited to, picnicking, walking, running, hiking, bicycling, horseback riding, fishing, ice skating, boating, birdwatching, tennis, basketball, roller hockey, wildlife sanctuary, playground, forest preserve, watershed protection area, and playing fields.
A building or portion thereof engaged in providing service involving the care of a person or personal items. A personal care business requires direct physical contact with the customer in the performance of a physical service. Examples include barbers, beauticians, nail manicurists, estheticians, tattoo parlors, tanning salons, massage parlors, tailors, and dry cleaners.
A church, synagogue, temple, mosque, or other place of religious worship, including any accessory use or structure, such as administrative facilities and adjunct residential uses.
A common area with a subdivision or land development for neighborhood residents to use for informal, active recreation purposes such as "sand-lot" ball games and other activities requiring a large lawn area, away from homes or other buildings, for their proper conduct. Playfields are not included for formalized programs such as little league baseball or midget football, which should be conducted on more appropriate facilities. Standards for the playfield shall be:
Includes:
Any business activity regulated by a governmental agency in which the business is required by law to:
Any body or board authorized to enact ordinances or adopt resolutions for Douglass Township (Montgomery County) pursuant to the provisions of the Municipalities Authorities Act, as amended (53 Pa.C.S.A. § 5601 et seq.) [formerly the Municipalities Authorities Act of 1945 (53 P.S. § 301 et seq.)].
Any business or other activity carried on by a public utility.
A commercial use for the sale and repair, and/or rental of new and/or used recreation vehicles, having both indoor and outdoor display areas, and providing maintenance and repair services.
An enclosed piece of equipment dually used as both a vehicle, a temporary travel home or a full time home. RV's shall include the following: truck camper, folding trailer, travel trailer, teardrop trailer, hybrid trailer, fifth wheel trailer, park model, toterhome, toy hauler, campervan, motor coach, motor home, or any similar vehicle.
The process of creating woodlands with three distinct layers of vegetation: canopy trees, understory shrubs or trees, and herbaceous ground cover plants.
A repair service shall include any business where the primary function is the repair of appliances, small business or electronic machines and similar products.
A use, building, structure, or group of buildings and structures in which are located facilities for scientific research, training, investigation, experimentation, or testing, but not facilities for the manufacture, production, or sale of products, except as incidental to the primary purpose or on a limited pilot scale.
A building or structure erected for the private use of the owner or occupant of a single-family dwelling unit (attached or detached), which is situated on the same lot as the residence, and used for common household purposes, storage, or vehicular parking. This includes but is not limited to a detached garage, storage shed, gazebo, deck, private greenhouse, private stables, barn, carport, children's playhouse, home gardens or shelter for pets. Residential swing sets shall not be considered structures.
A building or portion thereof where food and beverages are sold for direct consumption on the premises to persons seated within the building or within an outdoor dining area. Customers are normally served by a restaurant employee while seated at a table or counter. A dine-in restaurant may include carry-out services, but shall not include establishments where food service is subordinate or incidental to the consumption of alcoholic beverages, entertainment, or the sale of merchandise or non-food-related services.
A building or portion thereof where food and beverages are sold primarily in disposable containers for take-out and where food/beverages are primarily consumed off-site. Customers generally pay for their food/beverage prior to consumption either at a counter or by paying ahead of time. Limited sit-down to occupy not more than 20% of the gross leasable floor area of the use. Retail bakeries may be included in this use.
A building or portion thereof involved in the sale, lease, or rental of new or used products, not including vehicle or machinery sales/rental.
A stable for the commercial housing of horses or for a private riding club.
A strip of land, over which are provided access rights for various purposes, including vehicular travel, storm drainage and utility lines. Rights-of-way are further defined as follows:
LEGAL RIGHT-OF-WAYThe road or street right-of-way legally in the public domain. Generally, an old, legal right-of-way will be substandard by comparison with current requirements, may overlap the lot as described by deed description and shall be superseded by the ultimate right-of-way.
ULTIMATE RIGHT-OF-WAYThe road or street right-of-way projected as necessary for adequate handling of current or future traffic volumes, as defined in the Township's Comprehensive Plan. Upon approval of a plan in compliance with this chapter and Chapter 230, Subdivision and Land Development, of the Douglass Township Code, the ultimate right-of-way shall become the legal right-of-way.
EQUIVALENT RIGHT-OF-WAYA road or street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with Chapter 230, Subdivision and Land Development, of the Douglass Township Code.
Land adjacent to a stream, lake, pond, or other water body. Riparian areas form the transition between the aquatic and the terrestrial environment.
A single-family detached dwelling which is used, in addition, to provide rental rooms for not more than six nontransient persons.
Any site used to dump, bury or deposit, store or treat any waste materials constituting "solid waste" as defined in the Solid Waste Management Act (Act of July 7, 1980, P.L. 380, 35 P.S. § 6018.101 et seq.) enacted by the Commonwealth of Pennsylvania, as amended to the date of this chapter, and any regulations promulgated pursuant thereto.
A commercial establishment in the shopping center, located independent of other buildings, and frequently near the road frontage of the center. These uses are often ancillary to large stores in the center, but may also include highway-oriented or other commercial uses such as gasoline stations and fast-food restaurants.
A method of removing small groups of trees scattered throughout a woodland in order to retain the biodiversity of the woodland while allowing limited harvesting of trees.
This use may include nursing homes and retirement communities.
A sewage disposal system in compliance with all state and local regulations, approved by the Pennsylvania Department of Environmental Protection and applicable sewer authority, and providing service to multiple customers. Public sewer systems are included in this definition. Such use shall include a sanitary sewage equalization or holding tank, a sanitary treatment plant, a package sewage treatment plant and other similar sanitary sewage detention or treatment facilities
A group of commercial establishments, planned and developed as an integrated architectural and functional unit, providing convenient on-site parking and controlled, common vehicular and pedestrian access.
Any use of a dwelling or dwelling unit rented or exchanged as a short-term transient lodging or vacation rental for up to 30 consecutive days, regardless of whether there is concurrent, partial, or full occupancy by the owner or another when not in use as a short-term transient lodging or vacation rental.
The distance required by a driver traveling at a given speed to stop the vehicle after an object on the roadway becomes visible to the driver (Pennsylvania Code, Title 67, Chapter 441, "Access to and Occupancy of Highways by Driveways and Local Roads," as amended).
The ownership of a contiguous land area as one or more lots by one owner, whether a person, partnership, corporation or other legal entity, irrespective of the fact that parts of the land may have been acquired at different times or that the area may be divided into parts on any plan or plat.
The Montgomery County Soil Survey of 1967, prepared by the Natural Resources Conservation Service of the United States Department of Agriculture.
An alternative energy facility that consists of one or more ground-mounted, free-standing, or building-integrated solar collection devices, solar-energy-related equipment and other associated infrastructure with the principal use intention of generating electricity or otherwise converting solar energy to a different form of energy primarily for off-site use.
A sanitary landfill, solid waste transfer station, solid waste incinerator or other facility for treating, including recycling, storing or disposition of "solid waste" as defined in the Solid Waste Management Act (Act of July 7, 1980, P.L. 380, 35 P.S. § 6018.101 et seq.) enacted by the Commonwealth of Pennsylvania, as amended to the date of this chapter, and any regulations promulgated pursuant thereto.
A form of permitted use, authorized by this chapter, under the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board is empowered to grant permission for special exceptions, consistent with the public interest, in compliance with standards and procedures established in this chapter.
A telecommunications facility that is designed or located in such a way that the facility is not readily recognizable as telecommunications equipment. 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.
A grade of 15% or greater as determined by the soil survey or accurate contour mapping.
Includes all rivers, creeks, brooks, tributaries and other flowing surface waters within a natural channel. More specifically, a perennial or intermittent water body having a defined channel (excluding man-made ditches) which contains flow from surface and/or ground water sources during at least a portion of an average rainfall year.
A method of repairing eroded stream banks employing required grading, stone, fabric, soil, or other natural materials.
Streams mapped on the adopted "Douglass Township Riparian Corridor Conservation District Map," (Attachment A, as amended) including any adjacent wetlands, and/or water bodies draining into the identified stream.
Any perennial stream (waterway that has continuous flow in parts of its bed all year round), located on a site survey prepared by a design professional licensed in the Commonwealth of Pennsylvania, including any adjacent wetlands and/or water bodies draining into the identified stream.
A line identical with the front lot line and ultimate right-of-way line.
A public or private right-of-way serving primarily as a means of vehicular and pedestrian travel, furnishing access to abutting properties, and which may also be used for utilities, shade trees and stormwater control.
The workshop and/or gallery of an artist, sculptor, photographer, or performance artist (musician, actor, dancer, etc.). Such use may be open to the public and offer educational events, private lessons, and may include the retail sale of artist work.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damage condition would equal or exceed 50% of the market value of the structure before the damage occurred.
A retail store selling a variety of foods and household items.
The duly elected governing body of Douglass Township. Also known as the "Board of Supervisors."
A body of water or receptacle for water having a depth at any point of 18 inches or greater which is primarily used or intended to be used for swimming or bathing, and which otherwise meets one of the following definitions:
SWIMMING POOL, ABOVE-GROUNDA pool constructed at ground level, regardless of its dimensions.
SWIMMING POOL, IN GROUNDA pool constructed below ground level, regardless of its dimensions.
SWIMMING POOL, PORTABLEAn above-ground swimming pool that is installed and designed to be removed and stored and is not intended to be fixed in one place.
Any building or portion thereof wherein alcoholic beverages are served or sold at retail for consumption on the premises, of which the principal business is the sale of such beverages, and where the sale of such beverages comprises at least 75% or more of gross receipts. Such facilities shall be licensed by the Pennsylvania Liquor Control Board.
A building, trailer or sign that is not expected to remain in place longer than one year is considered temporary. If the building or trailer is intended to be retained after one year, the building or trailer must be made permanent; or application made, in writing, to the Board of Supervisors to extend the length of the time allowed for the building or trailer to remain temporary.
Any building or portion thereof that is used primarily for the screening of films or for the viewing of live performances such as dance, dramatic, oratorical, musical, or similar performance art purposes. Such use may include associated offices, ticket windows, and limited food/beverage service when licensed with the appropriate agency.
A confined, developed neighborhood play area primarily for use by preschool children. Low maintenance play equipment and structures shall be used and confined by a gated fence, a minimum of three feet high. Sitting areas shall be provided for parents' convenience while supervising children. Shade trees shall be provided for sitting and play areas. When a tot lot is placed abutting a playfield, practical measures, such as fencing and orientation of facilities, shall be used to reduce conflicts, especially from flying objects such as balls and frisbees. Tot lot dimensions shall be:
Minimum area: 2,500 square feet.
Minimum horizontal dimension: 50 feet.
Location: at convenient, centralized intervals.
A tot lot shall consist of two separate areas. One area shall be intended for children ages two to five, and the other for children ages six through 12. Each area will consist of one bank of three swings and one multilevel deck play structure with posts warranted for 99 years. Each deck play structure shall have ADA-compliant access and contain, at a minimum, three slides, three climbing structures, and two activities that can be accomplished from a wheel chair. At a minimum the equipment shall be ADA compliant, IPEMA certified, and be installed to meet current Consumer Safety Performance Specification for Playground Equipment for Public Use. Each area will include safety surfacing and a timber or other suitable border to contain the surfacing material. Each area shall also have access and pathways that are ADA compliant. It is estimated that the contracted cost for installation of each area of the tot lot will be $35,000 in 2002 dollars. Thus, the total contracted cost for installation of both required areas of a tot lot shall be $70,000, in 2002 dollars. Said cost can be expected to increase in future years as a result of inflation, and the figures set forth herein shall be adjusted accordingly.
A single-family detached dwelling which is used, in addition, to provide sleeping accommodations for not more than 10 transient persons, for compensation.
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer or assistant engineer for Douglass Township.
The dividing line between a lot and the outside limit of the ultimate right-of-way of a public street. Identical with front lot line and street line.
A commercial use for the sale and/or rental of used cars, trucks and/or recreation vehicles, which has only outside display areas, a small building for office purposes and generally not providing repair or maintenance services for vehicle purchasers beyond preparation for sale.
The land area devoted to vegetative coverage, including, but not limited to lawns, trees, shrubs, flowers and gardens.
A building, structure, lot, parcel, or use engaged in the storage, wholesale, and distribution of manufactured equipment, goods, materials, products, or supplies, but excluding bulk storage of chemicals and materials that are explosive, inflammable, or hazardous to adjoining properties.
An intermittent or perennial stream, pond, or lake that is either natural or man-made provided that the bed is composed primarily of substrates associated with flowing water, ponds, or lakes.
An inventory of the source, quantity, yield and use of groundwater and surface water resources with Douglass Township.
Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. More specifically, an area meeting the official wetland definition of the U.S. Army Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1; or the Pennsylvania Department of Environmental Protection Wetlands Identification and Delineation, Chapter 105 Dam Safety and Waterways Management Rules and Regulations; or the U.S. Environmental Protection Agency Wetlands Identification Delineation Manual, Volume I, Rational, Wetland Parameters, and Overview of Jurisdictional Approach, Volume II, Field Methodology or the most recently amended reports, will be considered a wetland for the purposes of this chapter. In the event the definition of a wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the Pennsylvania Department of Environmental Protection, or Environmental Protection Agency, the more restrictive definition shall apply.
The area(s) of the lot which must remain free of buildings or other structures, and may be used as lawn or planted area, parking or driveway space, in compliance with the provisions of this chapter. Yard is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum with of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
A line which locates and delineates the minimum yard setback requirements, measured from the front, rear and side lot lines.