Lower Gwynedd Township
City Zoning Code
City Zoning Code
CHAPTER 1250
Short Title; Statement of Community Intent; Interpretation; Conflict of Laws; Definitions
§ 1250.01 Short title.
[Ord. 223. Passed 12-10-1985]
This Title Six of Part Twelve of these Codified Ordinances shall be known and may be cited as the "Lower Gwynedd Township Zoning Ordinance" or just the "Zoning Code."
§ 1250.02 Statement of community intent.
[Ord. 223. Passed 12-10-1985]
This Zoning Code shall implement the goals and objectives set forth in the Comprehensive Plan for Lower Gwynedd Township of January, 1961, as revised in January, 1974, and March, 1987. The Board of Supervisors hereby expressly adopts the conclusions and recommendations of the Comprehensive Plan under the headings of Background/Planning Process, Existing Conditions, Problems and Needs, the Development Plan, Implementation Strategy and Relationship of Comprehensive Plan to Contiguous Municipalities.
§ 1250.03 Interpretation; conflict of laws.
[Ord. 223. Passed 12-10-1985]
In the interpretation and application of this Zoning Code, the provisions hereof shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare. Where the provisions of this Zoning Code impose greater restrictions than those of any statute or other ordinance or regulation of the Township, the provisions of this Zoning Code shall control. Where the provisions of any statute or other ordinance or regulation impose greater restrictions than this Zoning Code, the provisions of such statute, ordinance or regulation shall control.
§ 1250.04 Definitions.
[Ord. 223. Passed 12-10-1985; Ord. 233A. Passed 6-18-1987; Ord. 246. Passed 12-22-1987; Ord. 251. Passed 2-16-1988; Ord. 252. Passed 2-16-1988; Ord. 257. Passed 6-21-1988; Ord. 296. Passed 7-20-1992; Ord. 314. Passed 2-21-1995; Ord. 328. Passed 7-22-1996; Ord. 332. Passed 10-21-1996; Ord. 334. Passed 12-16-1996; Ord. 357. Passed 2-22-1999; Ord. 364. Passed 7-26-1999; Ord. 409. Passed 7-22-2003; Ord. No. 422. Passed 5-18-2004; amended 1-27-2009 by Ord. No. 462; 4-10-2012 by Ord. No. 484; 8-25-2015 by Ord. No. 500; 2-23-2016 by Ord. No. 504; 8-22-2017 by Ord. No. 513; 5-28-2019 by Ord. No. 523; 4-25-2023 by Ord. No. 538; 2-27-2024 by Ord. No. 543; 8-27-2024 by Ord. No. 547; 12-9-2025 by Ord. No. 552]
(a)
As used in this Zoning Code the following words and terms shall have the following definitions. Any word or term not defined herein shall have the meaning found in the Subdivision Regulations or in the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended) or shall have the meaning of common or standard usage.
(1)
Accessory building. "Accessory building" means a building subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building. The total size of all accessory use buildings as compared to the principal use buildings shall be in a ratio of <1 to 4. Ratios in excess of the above must be approved as a special exception by the Zoning Hearing Board.
(2)
Accessory use. "Accessory use" means a use customarily incidental and subordinate to the principal use of the land or a building or other structure on a lot or a portion thereof located on the same lot with such principal use. The portion of the property dedicated to accessory use as compared to principal use shall be in a ratio of <1 to 4. Ratios in excess of the above must be approved as a special exception by the Zoning Hearing Board.
(3)
Apartment house. See Paragraphs (25)D and E hereof.
(4)
Automobile sales agency. "Automobile sales agency" means a commercial establishment for the sale, leasing, display and storage of new motor vehicles by a duly franchised motor vehicle dealership, of used motor vehicles or of boats. The sale of gasoline or other motor vehicle fuel shall not be permitted as an accessory use to an automobile sales agency.
(5)
Base flood. "Base flood" means a flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent-annual-chance flood").
(6)
Base flood elevation (BFE). "Base flood elevation" means the elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent-or-greater chance of being equaled or exceeded in any given year. The BFE is also shown on the FIS profile, and can be determined for Zone A floodplains.
(7)
Basement. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides.
(8)
Board of Supervisors. "Board of Supervisors" means the Board of Supervisors of the Township.
(9)
Buffer. "Buffer" means an area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them.
(10)
Buffer screen. "Buffer screen" means a buffer comprised of natural and/or artificial material arranged at 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 transmission of noise between such sides.
(11)
Building. "Building" means any structure having enclosing walls and a roof, intended for supporting or sheltering a use or occupancy and attached to the land. "Building" includes "structure" and shall be construed as if followed by the words "or parts thereof." Included shall be all manufactured homes and trailers to be used for human habitation.
(12)
Building area. "Building area" means the aggregate of the maximum horizontal cross-section areas of the main and accessory structures taken at their greatest outside dimensions on the ground floor, including all attached structures except steps, chimneys and uncovered porches not exceeding 10 feet.
(13)
Building coverage. "Building coverage" means the ratio of the building area on a lot to the developable area of the lot.
(14)
Building floor area, gross. "Gross building floor area" means the sum of the building floor area measured at every level of the building.
(15)
Building line. "Building line" means an established line within a property, defining the minimum front yard and required distance between any structure to be erected and the ultimate adjacent right-of-way or street line.
(16)
Building height. "Building height" means the vertical distance of a building or a structure measured from the average elevation of the finished grade surrounding the building or structure to the highest point of the building or structure. Chimneys, stair towers, elevator penthouses, mechanical penthouses and solar energy or signal apparatuses only may project above the highest point on the roof of a building a maximum of 10 feet, zero inches. In an instance where the finished grade is above the entry floor level or main floor level of a building, the height shall be measured from the lower of the entry or main floor level of the building.
For a religious or educational use, the height limitation of the district may be increased for flag poles, steeples or bell towers consistent with the limitations set forth in this paragraph. The increased height limitation for these structures shall be two inches of height for each one foot of distance the structure is located from a property line to a maximum height of 65 feet. Residences with walk-out basements shall have their building height computed from grade level at the front entry provided that the walk-out basement is oriented to the rear of the lot only. |
(17)
Building, principal. "Principal building" means a building in which is conducted the principal use of the lot on which it is situated.
(17.1)
Collocation or collocate. To install, mount, maintain, modify or replace small wireless facilities on an existing utility pole or other wireless support structure.
(18)
Commission. "Commission" means the Planning Commission of the Township.
(19)
Conditional use. "Conditional use" means a use allowed by the Board of Supervisors when found to be in accordance with the standards and criteria set forth in this Zoning Code.
(19.1)
Conference center. "Conference center" means a building or portion thereof, operated in conjunction with a hotel, used primarily as a professional meeting and training facility, including banquet and food service facilities in support of the operation of the facility.
(20)
Density. "Density" means the number of dwelling units per developable acre.
(21)
Detention basin. "Detention basin" means an area of land designed and constructed as a part of the stormwater management system which shall catch stormwater and delay its discharge for a period of time. The limits of the detention basin shall be measured from the highest elevation of the structure.
(22)
Developable acre. "Developable acre" means all land within the lot lines, except that located within the ultimate right-of-way of existing public or private roads, floodplains, land continuously covered by water, watercourses, waters of the Commonwealth, wetlands, wetlands buffers as defined in Section 1298.15 and easements for aboveground utility lines.
(23)
Development. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or the storage of equipment or materials.
(24)
Dwelling. "Dwelling" means a building consisting of one or more dwelling units that is designed and occupied principally for residential purposes. A dwelling shall be constructed in accordance with the Building and Housing Code and other ordinances of the Township.
(25)
Dwelling types and dwelling unit types. Included within this definition are all dwelling and dwelling unit types without regard to tenure. Specifically:
A.
"Single-family detached dwelling" means a building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
B.
"Multifamily dwelling" means a building consisting of two or more dwelling units, with each unit used, intended to be used or capable of being used exclusively as a residence for one family.
C.
"Mobile dwelling" means a mobile home, mobile trailer or a modular home which is capable of being transported, intended for permanent residence and contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for moving, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and which is constructed so that it may be used with or without a permanent foundation. "Mobile dwelling" includes any addition or accessory structures thereof such as porches, sheds, decks or additional rooms.
D.
"Apartment" means a dwelling unit within a multifamily dwelling or within a building containing some other principal use.
E.
"Apartment house" or "garden apartment" means a building containing two or more apartments which are customarily, but not necessarily, arranged in a stacking fashion. A basement in an apartment house or garden apartment shall not contain habitable rooms.
F.
"Townhouse" or "rowhouse" means a dwelling unit within a multifamily dwelling attached to one or more other similar dwelling units, with all units being separated from each other by party walls and constructed in accordance with the Building and Housing Code and other ordinances of the Township.
G.
"Elderly housing" means a complex providing dwelling units designed for and used by occupants 60 years of age or older.
H.
"Personal care facility" means a form of elderly housing providing common facilities and minimal private space of not more than 350 square feet per unit and licensed by the Commonwealth of Pennsylvania to provide assistance with or supervision of activities of daily living, including but not limited to eating, bathing, dressing and administering medication for a period exceeding 24 hours for four or more persons who do not require hospitalization or care in a skilled nursing facility.
I.
"Carriage home." "Carriage home" means a townhouse, as defined herein, limited, however, to three dwelling units in a single building and designed (unless the Board of Supervisors agrees otherwise) so that the garage doors for only one of the units in the building faces the public or private road from which the building takes its access.
J.
"Residential nursing care facility" means a facility operated in conjunction with elderly housing licensed by the Commonwealth of Pennsylvania to provide daily skilled care services on an in-patient basis, such care requiring the skills of and being provided under the direction of a physician or other licensed medical professionals.
(26)
Dwelling unit. "Dwelling unit" means a room or group of rooms within a building used, intended to be used or capable of being used as a complete housekeeping facility for one family, providing living, sleeping, cooking, dining and sanitary facilities. The unit shall be constructed in accordance with the Building and Housing Code and other ordinances of the Township.
(26.1)
Existing manufactured home park or subdivision. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.
(26.2)
Expansion to an existing manufactured home park or subdivision. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufacturing homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
(27)
Family. "Family" means any number of individuals living together as a single, nonprofit housekeeping unit and doing their cooking together and on the premises, provided that not more than one of such number are unrelated to all others by blood, marriage or legal adoption. As a special exception, the Zoning Hearing Board may interpret the term "family" to include:
A.
A group of individuals, not exceeding five (if more than one of the individuals is unrelated to all the others by blood, marriage or adoption) domiciled together in a single-family dwelling unit and whose relationship is of a continuing, nontransient, domestic character and who are cooking and living together as a single, housekeeping unit. This definition shall specifically not include occupants of a club, fraternity house, lodge, rooming house, hotel, motor court, bed-and-breakfast, hospital, assisted-living facility, life-care facility or the like. In addition to all the other special exception criteria provided for in this chapter, a special exception applicant under this subparagraph shall demonstrate that a similar special exception has not been granted for any other property located within 500 feet of the property of the special exception applicant.
B.
Any number of individuals living together, when all individuals are related by blood, marriage or legal adoption, as two nonprofit housekeeping units and doing separate cooking on the premises, provided that one of the housekeeping units shall contain only one person, and that person shall either be no less than 60 years of age or physically handicapped to an extent where independent living is made possible by the proximity of the family members in the other housekeeping unit; and further provided that the owner of the property executes an agreement with the Township which shall be recorded with the County Recorder of Deeds, which agreement provides for the immediate removal of separate cooking facilities at such time as they are no longer being utilized by the person for whom they were originally installed. All provisions of the Building and Housing Code, specifically as they pertain to multifamily dwellings, must be met.
(28)
Farming. "Farming" means the cultivating of the soil and the raising and harvesting of products thereof, including nursery, horticulture, forestry and animal husbandry.
(28.0)
Flag lot. A lot of particular shape such that it possesses less frontage along a public street than otherwise required by this chapter, and where access to the widest portion of said lot is by way of an access strip which forms a portion of the lot and abuts a public street.
(28.01)
FCC. Federal Communications Commission or any agency successor thereto.
(28.1)
Flood. "Flood" means a temporary inundation of normally dry land areas.
(28.2)
Flood Insurance Rate Map (FIRM). "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the Township.
(28.3)
Flood Insurance Study (FIS). "Flood Insurance Study (FIS)" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.
(29.1)
Floodplain area. "Floodplain area" means a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.
(29.2)
Floodproofing. "Floodproofing" means 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.
(29.3)
Floodway. "Floodway" means 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 one foot.
(30)
Garage, private. "Private garage" means a building used for the storage of one or more automobiles or trucks owned and used by the owner, tenant or employee of the owner of the lot on which it is erected for a purpose accessory to the use of the lot.
(31)
Garage, public. "Public garage" means a building, other than a private garage one or more stories in height, used for storage and/or repair of automobiles, trucks or other commercial vehicles.
(32)
Gasoline service station. "Gasoline service station" means 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, the sale of new or used motor vehicles, or the sale of food or convenience items.
(32.1)
Highest adjacent grade. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
(33)
Historic Structure. A structure which meets the definition of "historic structure" set forth in § 1250.04(a)( 3) of the Zoning Code.
A.
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;
B.
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
C.
Individually listed on a State Inventory of Historic Places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(34)
Home occupation. "Home occupation" means an accessory use permitted only in single-family residential districts and limited to the professional office or studio of a physician, dentist, teacher, engineer, musician, architect, lawyer, outside sales person or similar professional practitioner, or rooms utilized for occupations such as dressmaking, millinery or similar handicrafts, and specifically excludes any business, clinic, animal hospital, barber or beauty shop, personal service shop or tea room. Home occupations shall be governed by the standards set forth in Section 1298.11.
(34.1)
Hotel. "Hotel" means a building and associated parking and other uses customarily accessory to hotels in the five-county Philadelphia Metropolitan Area (and specifically including restaurants and meeting rooms) providing transient lodging accommodations to the general public for compensation.
(35)
Impervious coverage. "Impervious coverage" means the ratio of the area of all portions of a lot covered in any way so as not to allow the ground beneath to absorb water at a natural rate (which area shall specifically include all portions of a lot covered by pervious paving materials), to the developable area of the lot.
(36)
Land development. "Land development" means any of the following activities:
A.
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
1.
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
2.
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B.
A subdivision of land.
C.
Development in accordance with Section 503 (1-1) of the Municipalities Planning Code.
(37)
Lighting, security. "Security lighting" means exterior illumination required and designed for the protection of persons or property. Security lighting shall not be considered task lighting for the purposes of this Zoning Code.
(38)
Lighting, site. "Site lighting" means exterior illumination of a general area required and designed for the purpose of facilitating vehicular or pedestrian circulation and identification. Illumination of signs, banners, goods, wares or other items for the purpose of display or advertising shall not be considered site lighting.
(39)
Lighting, task. "Task lighting" means exterior illumination required and designed for the purpose of facilitating the performance of any operation related to the business regularly conducted on a premises.
(40)
Loading space. "Loading space" means a space accessible from a street or other way in a building or on a lot for the temporary use of vehicles while loading or unloading merchandise or materials.
(41)
Lot. "Lot" means a parcel of land which may be used only in accordance with this Zoning Code. "Lot" includes the words "plot" or "parcel."
(42)
Lot area. "Lot area" means the total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street line shall be deemed a portion of any lot area. The area of any lot abutting a street shall be measured to the street line only.
(43)
Lot area, calculation of. In calculating the minimum lot area required in all zoning districts, the area located within an access strip to a rear lot shall be excluded. The access strip is that area of a lot, the sole purpose of which is to provide frontage on a road.
(44)
Lot line. "Lot line" means a property boundary line of any lot held in single or joint ownership, except that in the case of any lot abutting a street, the lot line for such portion of the lot that 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.
(45)
Lowest floor. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a buildings lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter.
(45.1)
Manufactured home. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
(45.2)
Manufactured home park or subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
(46)
May. "May" is permissive.
(46.1)
Modification or modify. The improvement, upgrade or replacement of a small wireless facility or an existing utility pole that does not substantially change, as defined in 47 CFR 1.6100(b)(7) (relating to wireless facility modifications), the physical dimension of the small wireless facility or utility pole.
(47)
Motor court or motel. "Motor court" or "motel" means a building and/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 on a short-term basis and is suitable for occupancy during all seasons of the year.
(48)
Municipal use. "Municipal use" means any use by the Township for the public health, safety and welfare, which shall include administration, police, fire, recreation and public work uses.
(48.1)
New manufactured home park or subdivision. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.
(49)
Nonconforming.
A.
"Nonconforming lot" means a lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
B.
"Nonconforming use" means a use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
C.
"Nonconforming structure" means a structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
(49.1)
One Call. The Pennsylvania One Call Act, the Act of December 10, 1974, P.L. 852, as amended, 73 P.S. § 176 et seq., and all regulations adopted to implement such statute.
(50)
One-hundred-year flood. "One-hundred-year flood" means a flood that has one chance in 100 (or a one-percent chance) of being equal or exceeded in one year. For purposes of this Zoning Code, the one-hundred-year flood (base flood) is as defined by the Federal Emergency Management Agency in the Flood Insurance Study for the Township.
(51)
Open space, common. "Common open space" means a parcel of land, an area of water or a combination of land and water within a developed site, not including streets, off-street parking areas or areas set aside for public facilities, designed and intended for the use and/or enjoyment of the residents of such development and/or other Township residents. The space must be substantially free of structures but may contain such improvements, appropriate for residents' recreation, as are in the applicable subdivision or land development plan as finally approved.
(52)
Open space, permanent. "Permanent open space" means a parcel of land, an area of water or a combination of land and water within a developed site, not including streets, off-street parking areas or areas set aside for public facilities, designed and intended for the use and/or enjoyment of residents of the development. The space must be substantially free of structures, but may contain such improvements, appropriate for residents' recreation, as are in the applicable subdivision plan as finally approved.
(53)
Parking space. "Parking space" means a reasonably level space available for the parking of one motor vehicle, which space shall be not less than nine feet wide and not less than 19 feet in length, exclusive of passageways or other means of circulation or access.
(54)
Parking space, all-weather. "All-weather parking space" means a parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.
(54.1)
Parking structure. “Parking structure,” as used and regulated in Section 1298.20, shall mean a structure specifically used for the sole purpose of containing the temporary parking of automobiles in a nonresidential district.
(55)
Person(s). Any individual, corporation, partnership, joint venture, association, limited-liability company, joint-stock company, trust, unincorporated organization, or any agent or subsidiary thereof, or government, or any agency or political subdivision thereof.
(55.1)
Post-FIRM structure. "Post-FIRM structure" means a structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the Township's initial FIRM dated October 14, 1977, whichever is later, and, as such, would be required to be compliant with the regulations of the NFIP.
(55.2)
Pre-FIRM structure. "Pre-FIRM structure" means a structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the Township's initial FIRM dated October 14, 1977, and, as such, would not be required to be compliant with the regulations of the NFIP.
(55.3)
Recreational vehicle. "Recreational vehicle" means a vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; or designed to be self-propelled or permanently towable by a light-duty truck, not designed for use as a permanent dwelling but rather as temporary living quarters for recreational, camping, travel, or seasonal use.
(55.4)
Regulatory flood elevation. "Regulatory flood elevation" is the elevation to which development is regulated for purposes of elevation and/or dry floodproofing. It is equal to the base flood elevation (BFE) plus a freeboard of 1 1/2 feet.
(55.5)
Right-of-way. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public way, public alley, public sidewalk, and any other land dedicated or otherwise designated for the same now or hereafter held by the Township or other governmental entity.
(56)
Rooming house or tourist home. "Rooming house" or "tourist home" means a dwelling that is not a single-family or multifamily dwelling but that provides lodging, with or without meals, and having accommodations for more than two guests. "Rooming house" or "tourist home" includes fraternity houses, lodges, residential clubs and boarding houses.
(57)
Satellite earth station. "Satellite earth station," commonly referred to as a "dish antenna" means a combination of:
A.
An antenna or dish, the purpose of which is to receive communication or other signals from orbiting satellites or other extraterrestrial sources;
B.
A low-noise amplifier which is situated at the focal point of the antenna, the purpose of which is to magnify and transfer signals; and
C.
A coaxial cable, the purpose of which is to carry signals into the interior of the building.
(58)
Satellite earth station height. "Satellite earth station height" means the height of the antenna or dish measured vertically from the highest point of the antenna or dish, when positioned for operation, to the bottom of the base which supports the antenna or dish.
(58.1)
Self-storage facility. "Self-storage facility" means a building consisting of individual, compartmentalized, self-contained units that are leased or owned for the storage of business and household goods or contractor's supplies. Agreements to use the facility shall include language that prohibits the storage or use of any hazardous or toxic materials or any inherently dangerous or flammable substances.
(59)
Shall. "Shall" is mandatory.
(60)
Sign. "Sign" means a structure, other outdoor surface or any device used for visual communication, which is used to bring the subject thereof to the attention of the public or to display, identify and publicize the name and product or service of an individual, business organization or institution. "Sign" includes any object, device, display or structure or part thereof situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images. Specifically:
A.
"Business sign" means a sign which directs attention to a business, to a commodity for sale or to a profession, service or entertainment rendered or offered upon the premises where such sign is located.
B.
"Off-premises advertising sign or billboard" means a sign which directs attention to a business, commodity, service, entertainment or facility not located, conducted, sold or offered upon the premises where such sign is located.
C.
"Flashing sign" means any illuminated sign on which the artificial light is not maintained stationary and constant in intensity or color at all times when such sign is in use. "Flashing sign" includes moving, rotating, flashing, oscillating, shuttered or similar signs.
D.
"Directional sign" means a sign, either temporary or permanent, containing no advertising other than a name which serves as a convenience to the public to show direction to a place or activity.
E.
(Reserved)
F.
"Temporary sign" means a type of non-permanent sign that is located on private property. Portable signs or any sign not permanently embedded in the ground, or not permanently affixed to a building or sign structure that is permanently embedded in the ground, are considered temporary signs A temporary sign shall comply with the provisions of the Zoning Code for permanent signs regarding location, construction, and public safety.
G.
"Illuminated sign" means any sign which is designed to be seen at night by virtue of artificial light from within, behind or upon such sign, not including reflector-type signs unless the source of light is made a part of or is related to such sign.
H.
"Sign area" means the gross area within a single continuous perimeter enclosing the extreme limits of a sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display, unless such structural elements are purposely illuminated to form a part of the display. In the case of an open sign made up of individual letters, figures or designs, the space between such letters, figures or designs shall be included in such calculation. In computing the area of a double-faced sign, only one side shall be considered, provided that both sides are identical, and a V-type sign, the interior angle of which is less than 45°, shall be considered a double-faced sign. A V-type sign, the interior angle of which is greater than 45°, shall not be deemed to be a double-faced sign, and both sides shall be computed as sign area.
I.
"Wall sign" means a sign attached to or painted on a wall.
(60.1)
Small wireless act. The Small Wireless Facilities Deployment Act, the Act of June 30, 2021, P.L. 232, No. 50, 53 P.S. § 11704.1 et seq., and as may be amended in the future.
(60.2)
Small wireless applicant. A wireless provider that submits an application for a small wireless facility.
(60.3)
Small wireless application. A written application for the installation of a small wireless facility, in the form and including content and information prescribed by the Township.
(60.4)
Small wireless facility. The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications: (1) Each antenna associated with the deployment is no more than three cubic feet in volume; (2) The volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this definition.
(61)
Special exception. "Special exception" means permission or approval granted by the Zoning Hearing Board in accordance with Chapter 1252 in situations where provision therefor is made by this Zoning Code.
(61.1)
Special Flood Hazard Area (SFHA). "Special Flood Hazard Area (SFHA)" means an area in the floodplain subject to a one-percent-or-greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
(62)
Street. "Street" means 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.
(63)
Street line or setback. "Street line" or "setback" means the dividing line between a lot and the outside boundary or ultimate 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.
(64)
Structural alteration. "Structural alteration" means 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 or adopt it to a different use, or which, in the case of a nonconforming use, would prolong the life of such use.
(65)
Structure. "Structure" means any man-made object having an ascertainable stationary location on or in land or water, whether or not such object is affixed to the land.
(66)
Substantial damage. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
(67)
Substantial improvement. "Substantial improvement" means any repair, reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, as defined herein, regardless of the actual repair work performed. The term does not, however, include either:
A.
Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
B.
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
(68)
Tenure. "Tenure" means the legal basis of occupancy of a unit, including fee simple, tenancy, condominium and cooperative forms of ownership.
(68.1)
Township. Lower Gwynedd Township.
(68.2)
UCC. The Pennsylvania Uniform Construction Code, as adopted and administered by the Township.
(69)
Ultimate right-of-way. "Ultimate right-of-way" means the future or planned width of a highway in the public domain as shown on the Official Ultimate Right-of-Way Map on file at the office of the Township Secretary.
(69.1)
Underground Utility District. An area designated by the Township within which poles, overhead wires and associated overhead structures are prohibited.
(70)
Used. "Used" or "occupied," as applied to any land or building, shall also include the words "intended, arranged or designed to be used or occupied."
(71)
Variance. "Variance" means permission or approval granted by the Zoning Hearing Board in accordance with Chapter 1252, which constitutes a modification of or deviation from this Zoning Code as applied to a specific real property or portion thereof.
(72)
Watercourse. "Watercourse" means a natural drainageway subject to concentrated stormwater runoff from a drainage area of at least 5.0 acres. Watercourses shall include intermittent streams which do not maintain a constant base flow throughout the year. The area of a watercourse shall be the floodplain associated with such watercourse as defined in Section 1290 of this Code or 50 feet from the center of such watercourse in the absence of a flood study to define the area of inundation during a one-hundred-year flood event associated with such watercourse.
(73)
Water survey. "Water survey" means an inventory of the source, quantity, yield and use of groundwater and surface water resources.
(73.1)
Wireless provider. A person who provides wireless infrastructure or a wireless communications service provider using small wireless facilities who/which has been granted a permit pursuant to this chapter.
(74)
Yard. "Yard" means an open, unoccupied space on the same lot with a building or other structure or use, which space is open and unobstructed from the ground to the sky, except for public utility lines or facilities, landscaping and parking as restricted by the applicable zoning district. Specifically:
A.
"Front yard" means a yard extending the full width of the lot along the street line and extending in depth from the street line to the nearest point of any structure on the lot.
B.
"Rear yard" means a 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 yard" means a 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.
(75)
Zoning Code. "Zoning Code" means Ordinance 223, passed December 10, 1985, as amended, codified herein as Title Six of Part Twelve - the Planning and Zoning Code.
(76)
Zoning Hearing Board. "Zoning Hearing Board" means the Zoning Hearing Board of the Township.
(77)
Zoning Map. "Zoning Map" means the Zoning Map of the Township.
(78)
Zoning officer. The person designated by the Board of Supervisors to administer the Zoning Code.