[Amended 2-22-1979 by Ord. No. 127-G; 8-21-1980 by Ord. No. 127-I; 12-1-1980 by Ord. No. 127-I; 6-10-1982 by Ord. No. 127-L; 3-2-1992 by Ord. No. 127-P; 10-5-1992 by Ord. No. 127-R; 8-30-1993 by Ord. No. 127-S; 9-26-1996 by Ord. No. 199; 12-16-1996 by Ord. No. 202; 12-16-1996 by Ord. No. 203; 4-7-2003 by Ord. No. 239; 8-4-2003 by Ord. No. 244]
As used in this chapter, the following terms shall have the meanings indicated:
ADULT USESA. ADULT BOOKSTOREAn establishment which has, as a substantial or significant portion of its stock-in-trade, books, magazines or other periodicals which are sexually explicit and which excludes minors by virtue of age.
B. ADULT MOVIE HOUSEAn enclosed building with a capacity of 50 or more persons used for presenting motion pictures, films, movies, slides or similar photographic reproductions which are sexually explicit for observation by persons therein and which excludes minors by virtue of age.
C. ADULT MINI THEATERAn enclosed building with a capacity of less than 50 persons used for presenting motion pictures, films, movies, slides or similar photographic reproductions which are sexually explicit for observation by persons therein and which excludes minors by virtue of age.
D. 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 of 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, unless licensed as a practicing physician or chiropractor.
E. OTHER ADULT USESAny business, activity or use similar to or of the same general nature as the uses listed above. This definition 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.
AGE-RESTRICTED HOUSINGA planned development of land consisting of multiple structures constructed expressly for use and residency of persons who have achieved the minimum age requirement for residency of 55 years or older.
[Added 8-4-2014 by Ord. No. 310]
AGRICULTUREThe cultivating of the soil and the raising and harvesting of the products of the soil, including, but not by way of limitation, nursery, horticulture and forestry.
ALTERATIONAny change in exit facilities, structural parts or mechanical equipment which does not increase the cubic content of a building.
AMENITIESSatisfactions derived from ownership or occupancy, or both, of a property because of qualities of excellence which characterize the property and its surroundings. In appraising, the term is most frequently used in connection with considerations relating to properties which typically are strongly appealing to prospective buyers for owner occupancy.
ANTENNAA transmitting and/or receiving device used in telecommunications that radiates or captures radio signals.
ANTENNA SUPPORT STRUCTUREAny pole, telescoping mast, tower, tripod or any other structure which supports a device used in the transmitting or receiving of radio frequency energy.
APARTMENTA dwelling unit in a building containing three or more units having some common services or facilities, or both, and served by a common entrance hall.
APARTMENT HOUSEA building containing three or more units having some common services or facilities, or both, and served by a common entrance hall.
APPROVEDPassed upon as satisfactory by the authority by law to give approval to the matter in question.
ASSEMBLAGEA. The merging of adjacent properties into a single unit of ownership or use.
B. The property so merged, considered as a unit.
ASSISTED LIVING FACILITYAn establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment and that provides personal care services which include assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication; or the general supervision or oversight of a person’s physical and mental well-being.
[Added 8-4-2014 by Ord. No. 310]
BASEMENTA story partly underground but having less than half its clear height below grade. For floodplain management purposes, a basement shall mean any area of the building having its flood subgrade (below ground level) on all sides.
BASIC STRUCTURAL ALTERATIONAny enlargement of a building, whether by extending on any side or by increasing in height, any change in the use or classification of a main building or the moving of a building from one location to another.
BITUMINOUS ASPHALT PLANTA plant or operation which has as its primary function the mixing of rock materials with asphalt oils or other binders for road building or construction purposes.
BUILDABLE AREA, ACRE OR ACREAGEThe area remaining on a lot, determined after calculating the developable area, setbacks and all Township land use requirements, on which a structure can be built.
[Amended 12-3-2007 by Ord. No. 274]
BUILDINGAny structure having enclosing walls and roof, permanently located on the land.
BUILDING, ACCESSORYA building subordinate to the principal building on the same lot therewith and used for purposes customarily incidental to those of the principal building.
A. STORAGE SHEDA structure designed for storage of lawn and garden equipment and similarly related items, not to exceed 15 feet by 15 feet or 225 square feet in size.
BUILDING AREAThe aggregate of the maximum horizontal cross-section areas of all buildings on a lot, excluding cornices, eaves and gutters but including porches, breezeways and carports.
BUILDING COVERAGEThe ratio of the total ground floor area of the building or buildings to the area of the lot on which they are located.
[Amended 12-7-2009 by Ord. No. 292]
BUILDING LINEThe line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located, provided that, in the case of a lot where the side lines are not parallel, the building line shall be at that point where minimum lot width first coincides with the required lot width but in no case closer to the street line than the required front yard.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is situated.
CELL SITEA tract or parcel of land that contains the cellular communications antenna, its support structure, accessory building(s) and parking, and may include other uses associated with and ancillary to cellular communications transmission.
CELLULAR TELECOMMUNICATIONSA commercial low-power mobile radio service licensed by the Federal Communications Commission (FCC) to two providers in a specific geographical area, in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.
CESSPOOLA covered pit with open-jointed linings into which raw sewage is discharged, the liquid portion of which is disposed of by seepage or leaching into the surrounding porous soil, the solids or sludge being retained in the pit.
CIRCULATIONProvision made for traffic within or through buildings, outside areas and communities.
CLUSTER DEVELOPMENTA development pattern wherein structures are arranged in closely related groups, reducing lot sizes and preserving land for open space.
COMMON FACILITYAll 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.
COMMON OPEN SPACEA parcel or parcels of land or an area of water or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the development not including streets, off-street parking areas and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for the recreation of residents.
COMMUNITYA. A body of persons having common interests and privileges, living in the same locality.
COMPLETIONThe act of bringing to a condition of physical completeness and readiness for use and occupancy.
COMPREHENSIVE PLANThe Lower Pottsgrove Township Comprehensive Plan of 1964 and amendments thereto, including maps, charts and/or descriptive matter officially adopted by the Township Planning Commission and Township Commissioners indicating recommendations for the continuing development of the Township and including all elements required by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
CONDOMINIUMAn estate in real property consisting of an undivided interest in a portion of a parcel together with a separate interest in a space within a structure. This form of ownership may be applied in residential, professional office, limited industrial and commercial land uses.
CONSTRUCTIONThe materials and methods of fabricating the various elements of a structure or building.
CONVERSIONThe remodeling or alteration of a structure so as to accommodate the provision of more apartment units (or dwelling units) than were originally intended. Conversions would then include the alteration of a nonresidential structure into a dwelling unit for at least one family; the modification of a single-family structure so as to accommodate more units than originally intended.
COURTAn open, unoccupied space bounded on two or more sides by the exterior walls of a building or by exterior walls and lot lines.
A. INNER COURTA court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
B. OUTER COURTA court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable with one side or end open to a street, driveway, alley or yard.
COVERAGEThat percentage of the area of a site occupied by buildings.
CROSS BARA structure at or near the top of the low-power mobile radio service telecommunications facility which provides support and horizontal separation for the antenna(s).
CUL-DE-SACA minor street with entrance and exit at the same end.
DEEDA written instrument whereby an estate in real property is conveyed by a grantor to a grantee.
B. WARRANTY DEEDA deed in which, either expressly or by implication, the grantor guarantees that the title which he undertakes to transfer has not been previously conveyed by him and is free from defects and that the property is unencumbered except as stated and for himself and heirs agrees to defend and protect the grantee against any loss which may be suffered by reason of the existence of any other title or interest in the property existing at the time the deed was executed and not excepted therein.
DENSITYThe number of units (persons, families or dwellings) per acre or square mile.
DESIGNATED FLOODPLAIN CONSERVATION DISTRICTSThose floodplain conservation districts specifically designated by this chapter as being inundated primarily by the one-hundred-year flood. Included would be areas identified as Floodway District (FW), Floodway-Fringe (FF), Approximated Floodplain (FA) and alluvial soil.
DESIGNATED FLOODWAY DISTRICT OR AREAThe channel of a river or other watercourse and the adjacent land areas required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in this chapter.
DEVELOPABLE AREA, ACRE OR ACREAGE[Amended 12-3-2007 by Ord. No. 274]
A. The portion of a lot, site or parcel which shall be used for density calculations. The permissible developable area shall be calculated according to the following equation and shall be sufficiently substantiated using evidence in the form of plans and data to support the calculations:
| Gross site acreage less: |
| Acreage of existing road rights-of-way |
| Acreage of noncontiguous land |
| 100% of floodplain acreage |
| 100% of wetland acreage |
| 100% of pond or lake acreage |
| 50% of slopes from 15% to 25% (acres) |
| 85% of slopes over 25% (acres) |
| 50% of existing utility rights-of-way (acres) |
| Equals: Developable Area |
B. In the calculation of developable area, the following shall apply:
(1) Land separated by roads or railroads or land where the connecting link is less than 50 feet wide is considered noncontiguous land.
(2) The calculated one-hundred-year floodplain shall be used where available.
(3) Where two or more categories overlap, the overlapping acreage shall be counted only once, using the most restrictive classification to yield or permit the smallest developable area.
(4) Utility corridors owned in fee simple by the utility shall not be counted toward the applicant's land area.
C. The density of a lot (number of units or square footage of buildings) shall be determined by dividing the developable area by the minimum lot size allowed in a zoning district and rounding to the nearest whole number.
D. The term "developable area" may also be referred to in this chapter as "net density" or "site capacity," and all terms are to be determined in the manner set forth above.
DEVELOPERAny landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations, the subdivision of land and the storage of materials or equipment.
DEVELOPMENT PLANThe provisions for development of a planned residential development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" shall mean the written and graphic materials mentioned above.
DIRECTIONAL ANTENNAAn antenna or array of antennas designed to concentrate a radio signal in a particular area.
DRUGSTOREA store in the business of filling medical prescriptions and the sale of drugs, medical devices and supplies and nonprescription medicines as well as the sale of retail goods of a general nature and retail services such as photography developing and products, deliveries, etc., which may or may not include a drive-through for the purpose of dropping off and picking up prescriptions.
DWELLING or DWELLING UNITSA house, an apartment or other group of rooms or a single room is regarded as a dwelling when it is occupied or intended for occupancy as separate living quarters, that is, when the occupants do not live and eat with other persons in the structure and there is either: a) direct access from the outside or through a common hall; or b) a kitchen or cooking equipment for the exclusive use of the occupants of the unit.
DWELLING TYPESWhen described in the pertinent articles of this chapter, the various dwelling types are intended to have the following meanings:
B. (2) DUPLEX (or TWO-FAMILY DETACHED DWELLING)A building designed for and occupied by two families, one living above the other, having a common partition between them and having no party wall in common with an adjoining building.
C. MULTIFAMILY DWELLINGSA detached building occupied by three or more families, each living independently of the other.
(1) GARDEN APARTMENTA multifamily dwelling, as defined above, which is three stories or less in height.
EASEMENTA vested or acquired right to use land other than as a tenant for a specific purpose, such right being held by someone other than the owner who holds title to the land.
ELECTRIC SUBSTATIONAn assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in residential districts an electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities, housing of repair crews, offices or places of business.
EQUESTRIAN FACILITYAn establishment where horses or similar animals are boarded and cared for; where instruction in riding, jumping, showing and other related activities is offered; and/or where horses may be hired for riding.
[Added 12-3-2007 by Ord. No. 276]
ESTATE LOTA large, privately owned lot comprising all or part of an area of open land. The purpose of the estate lot is to provide surrounding residents with visual access to open land while keeping the land under private ownership and maintenance. Only a small portion of the estate lot may be developed; the remainder may be farmed or left in its natural state. Public access to estate lots is not required.
FAMILYA collective body of two or more persons living and cooking together who occupy a dwelling unit as a single housekeeping unit and are related by blood, marriage, adoption, as foster children or domestic bond, or as a community living arrangement (CLA), said CLA being a residential grouping of handicapped people which is designed to emulate a permanent family-like environment with twenty-four-hour supervision by people qualified by training and experience in the field for which the CLA is intended and as licensed under applicable federal, state and local programs.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream or watercourse which is subject to partial or complete inundation.
B. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
C. Alluvial soils as defined by the USDA Natural Resources Conservation Service, Montgomery County Soil Study (1967).
FLOODPROOFINGAny 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. Such measures are set forth in floodproofing regulations published by the Office of the Chief Engineers, U.S. Army, Publication No. EP 1165 2 314 (June 1972, and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structure shall satisfy the requirements of the completely dry spaces (W1) and essentially dry spaces (W2) classes referenced in these regulations. In said publication where reference is made to "below" (or "above") the "BFD" (base flood datum) it shall be interpreted as meaning below (or above) the base flood elevation.
FREESTANDING LOW-POWER MOBILE RADIO SERVICE FACILITYA low-power mobile radio service telecommunications facility that consists of a stand-alone support structure, antennas and associated equipment. The support structure may be a wooden pole, steel monopole, lattice tower, light standard or other vertical support. Whip antennas on a freestanding low-power mobile radio service facility may extend the maximum of 15 feet above the highest portion of a structure to which they are attached; panel antennas may extend a maximum of six feet above the highest portion of the structure to which they are attached.
FRONTAGEThe extent of a building or of land along a public road or public waterway.
GARAGEA. PRIVATEAn accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.
B. PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
C. STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.
GASOLINE FILLING STATIONAny 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.
GROSS LEASABLE AREA (GLA)The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
GROUP HOME (COMMUNITY LIVING ARRANGEMENTS)A building occupied as a dwelling by no more than five occupants (including house parents and/or supervisors) who receive twenty-four-hour resident supervision, licensed under an applicable state program. If the house parents and/or supervisors serve on a rotating basis, only that number at the dwelling at any one time shall be counted as occupants.
HEIGHT OF BUILDINGA building's vertical measurement from the main level of the ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in calculating the height.
HELISTOPAn area on a roof or on the ground to accommodate landing and takeoff of rotor-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo. Such area shall have sufficient space to accommodate all safety controls, but in no case shall service facilities be provided. A helistop shall comply with all applicable federal and state laws and regulations related to aviation.
[Added 7-1-2024 by Ord. No. 368]
HISTORICAL BUILDINGAny building listed in "Architectural Survey: Report of 1981-1982, Lower Pottsgrove Township, a project of the Historical Committee of the Cornerstone of the Arts, Inc." October 1984, or any addendum to the building list approved by the Board of Commissioners.
HOME-BASED BUSINESS, LOW-IMPACTAn activity carried out for financial gain by a resident and conducted as a customary, incidental and accessory use in the resident's dwelling which does not change the character thereof. Low-impact home occupations include: dressmaking, millinery, upholstery, furniture refurbishing (excluding paint stripping operations) or similar handicrafts; professional offices of an architect, physician, dentist, engineer, lawyer, musician, photographer, teacher, or practitioner of similar character; day-care of five children or less; or other low-impact home occupations of similar character and impact. Low-impact home occupations shall not include the following: a barber, beauty shop or hair stylist; tearoom; tourist or boardinghouse, bed-and-breakfast; kennel or equestrian facility.
[Added 12-3-2007 by Ord. No. 276]
HOME-BASED BUSINESS, NO-IMPACTA 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.
[Added 12-3-2007 by Ord. No. 276]
HOMEOWNERS' ASSOCIATION (HOA)A community association combining individual home ownership 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.
HOTELA building used for the purpose of furnishing for compensation more or less temporary lodging to the public, with or without meals, and having lodging accommodations for 10 or more persons.
IMPERVIOUS COVERAGEAny area or surface which prevents the infiltration of water into the ground. Impervious surfaces include but are not limited to any structure, roof, walkways, swimming pools, parking or driveway areas, areas covered by gravel, concrete, non-porous asphalt and/or similar material, and any other similar areas determined by the Township Engineer/Building Inspector to be impervious.
[Added 4-5-2021 by Ord. No. 353]
IMPROVEMENTA structure or public utility or an other installation or physical change made in a property with a view to increasing its value, utility or beauty.
INDEPENDENT SENIOR LIVING FACILITYA facility containing dwelling units, accessory uses and support services specifically designed for occupancy by persons 55 years of age or older. Such facilities may include accommodations for persons who are fully ambulatory or who require no medical or personal assistance or supervision, as well as accommodations for persons who require only limited or intermittent medical or personal assistance.
[Added 8-4-2014 by Ord. No. 310]
KENNEL, ANIMALAny structure or premises in which more than six dogs or domesticated small animals more than one year old are housed, groomed, bred, boarded, trained or sold.
[Added 12-3-2007 by Ord. No. 276]
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee having a remaining term of not less than 40 years, or other person having a proprietary interest in land, shall be deemed to be a landowner.
LANDSCAPEA part of the earth's surface or the view of a portion of land or land and water as seen from any given point.
LANDSCAPE CONSTRUCTIONThe alteration of existing ground conditions together with construction and development of ground features, including minor structures.
LATTICE TOWERA guyed or self-supporting three- or four-sided open, steel frame structure used to support telecommunications equipment.
LOADING, UNLOADINGA space accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
A. FRONT OF LOTThe edge of a lot which borders on the highway or street. In the case of a corner lot, the front may be designated by the proper authority or by election of the owner.
[Amended 12-7-2009 by Ord. No. 292]
B. LOT AREAThe 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.
C. LOT LINEA property boundary line of any lot held in single and separate ownership, except that, in the case of any lot abutting a street, the lot line for such portion of the lot as abuts the street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line even though such may be the property boundary line.
D. LOT WIDTHThe width of a lot measured at the building line.
E. REAR OF LOTThe edge of a lot opposite the front. In the case of triangular or gore lot, the rear is designated by the authority having jurisdiction.
LOW-POWER COMMERCIAL MOBILE RADIO SERVICEMobile service provided for various uses, including: a) for profit; b) interconnected to public switch network; c) available to the public for such classes of eligible users as to be effectively available to a substantial portion of the public, which service must propose to or have developed multiple network sites within the County of Montgomery and any surrounding counties bordering Lower Pottsgrove Township.
LOW-POWER MOBILE RADIO SERVICE TELECOMMUNICATIONS FACILITYA. A facility which consists of equipment for the reception, switching and transmission of low-power mobile radio service communications. Such facility may be elevated (either building-mounted or ground-mounted) transmitting and receiving antennas, low-power mobile radio service base station equipment and interconnection equipment. The categories of facility types include:
(1) Roof- and/or building-mount facilities.
(2) Freestanding low-power mobile radio service facilities.
(3) Microcell or repeater facilities.
B. For purposes of zoning district height limitations, the height of freestanding low-power mobile radio service telecommunications facilities shall be measured from the average elevation of the finished grade of the building or structure.
LOW-POWER TELECOMMUNICATIONS FACILITYAn unmanned facility consisting of equipment for the reception, switching and/or receiving of wireless telecommunications operating at 1,000 watts or less effective radiated power (ERP), including, but not limited to, the following:
A. Point-to-point microwave signals.
B. Signals through FM radio translators.
C. Signals through FM radio boosters under 10 watts effective radiated power (ERP).
D. Cellular, enhanced specialized mobile radio (ESMR) and personal communications networks (PCN).
E. Private low-power mobile radio service.
LOWEST FLOORThe 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 building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of the National Flood Insurance Program regulations.
MANAGED MEADOWA grass or low shrub field maintained so as not to become a forest.
MICROCELLA low-power mobile radio service telecommunications facility used to provide increase capacity in high cell demand areas or to improve coverage in areas of weak coverage. Microcells communicate with the primary low-power mobile radio service facility in a coverage area via fiber-optic cable or microwave. Coverage area for a microcell is typically a one-mile radius or less. Microcells shall not exceed the following maximum characteristics:
A. Pole height. Not to exceed the height limit of the underlying zoning district as measured from the average elevation of the finished grade of the building or structure; height is measured to the top of the antennas.
B. Permissible number of whip or panel antennas: four.
C. Permissible number of microwave antennas: one.
D. Size of antennas.
(1) Whip antennas: No greater than three-foot diameter and up to 24 inches long for each such antenna.
(2) Panel antennas: No greater than one square foot of surface area for each such antenna.
(3) Microwave antennas: As allowed by the applicable zoning district regulations.
E. Size of accessory building: No building permitted.
F. Setback requirements: The setback requirements as established for any accessory building or structure within the applicable zoning district shall apply.
MICROWAVE ANTENNAA dish-like antenna manufactured in many sizes and shapes used to link communications sites together by wireless transmission of voice or data.
MINIMIZEThe least environmental disturbance possible give the allowed development density. It shall not mean zero loss of vegetation or slope disturbance and it shall be incumbent upon the applicant to prove that vegetation loss and slope disturbance is minimized.
MOBILE HOMEA 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 does not include recreational vehicles or travel trailers. For floodplain management purposes, the term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.
MOBILE HOME LOTA parcel of land in a mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARKA parcel (or contiguous parcels) of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MONOPOLEA structure composed of a single spire used to support telecommunications equipment.
MOTOR COURT or MOTELA building or a group of two or more detached or semidetached buildings containing rooms or apartments having separate ground-floor entrances provided directly or closely in connection with automobile parking or storage space serving such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year.
NEIGHBORHOODIn a cluster subdivision, a development consisting of between five and 25 single-family detached dwellings surrounded by open land that comprises at least 50% of the tract area.
NEW CONSTRUCTIONStructures for which the start of construction commenced on or after December 1, 1980, and includes any subsequent improvements to such structures.
NONCONFORMING LOTA 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.
[Added 12-3-2007 by Ord. No. 276]
NONCONFORMING STRUCTUREA 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.
[Added 12-3-2007 by Ord. No. 276]
NONCONFORMING USEA 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.
[Added 12-3-2007 by Ord. No. 276]
NONCONTIGUOUS LANDLand separated by roads, railroads or land where the connecting link is less than 50 feet wide.
NURSING HOME/CONVALESCENT FACILITYA facility that provides lodging and skilled nursing care for elderly, disabled, chronically ill or convalescent patients.
[Added 8-4-2014 by Ord. No. 310]
OMNIDIRECTIONAL ANTENNAAn antenna that is equally effective in all directions, and whose size varies with the frequency and gain for which it is designed.
ONE-HUNDRED-YEAR FLOODA flood that, on the average, is likely to occur once every 100 years (i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year). This is more precisely defined/delineated in this chapter in §
250-38.
ONE-HUNDRED-YEAR FLOOD ELEVATIONThe elevation of the one-hundred-year flood as referenced in the Flood Insurance Study, prepared by the Federal Insurance Administration, Federal Emergency Management Agency. Within the Approximated Floodplain or other floodplain where the one-hundred-year flood elevation is not provided, this elevation shall be established as a point on the boundary of the approximated or other floodplain closest to the construction site in question.
OPEN LANDWithin a cluster subdivision, that portion of a tract (at least 60%) that is set aside for the protection of sensitive natural features, farmland, scenic views and other unique features. Open land may be accessible to the residents of the development and/or the municipality or it may contain areas of farmland or estate lots which are not accessible to the public.
PARKING SPACEA reasonably level space available for the parking of one motor vehicle not less than 10 feet wide and 18 feet deep, exclusive of passageways, driveways or other means of circulation or access.
[Amended 12-6-2021 by Ord. No. 355]
PARKING SPACE, ALL-WEATHERA parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a variety of dwelling types and incidental institutional or commercial uses if deemed desirable by the Board of Commissioners.
PRIVATE LOWER-POWER MOBILE RADIO SERVICEAll other forms of wireless telecommunications which have similar physical facilities as commercial low-power mobile radio service, but which do not meet the definition of "commercial mobile radio service."
PROFESSIONAL OFFICEAn office for a physician, lawyer, dentist, architect, professional engineer, planner or other such profession, but not including beauty shop or mortuary.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Board of Commissioners or planning agency intended to inform and obtain public comment prior to taking action in accordance with this chapter.
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC UTILITIES FACILITYA building or structure and its equipment used for the transmission and exchange of telephone, radio, television, gas, power, sewer and water facilities; provided, however, that in a residential district these shall not include public business facilities, storage of materials, trucks or repair facilities or housing of repair crews.
QUARRYAn excavation or other place from which stone, gravel, sand, slate or other minerals are removed by cutting, digging, blasting or other means and including, but not limited to, those related operations of crushing, sorting, sizing or stockpiling of quarried materials including overburden and topsoil as well as sediment basins and equipment maintenance and parking area.
QUARRYINGThe process of removing stone, gravel, sand, slate or other minerals by cutting, digging, blasting or other means and including, but not limited to, those related operations of crushing, sorting, sizing or stockpiling of quarried materials including overburden and topsoil as well as sediment basins and equipment maintenance and parking area.
READY-MIX CONCRETEA plant or operation which has as its primary function the mixing of materials to make concrete.
REPEATERA low-power mobile radio service telecommunications facility that extends coverage of a cell to areas not covered by the originating cell. Repeater facilities shall not exceed the following maximum characteristics.
A. Pole height: in all zoning districts, not to exceed the underlying zoning district height limit as measured from the average elevation of the finished grade of the building or structure; height is measured to the top of the antennas.
B. Permissible number of whip or panel antennas: four.
C. Permissible number of microwave antennas: one.
D. Size of antennas.
(1) Whip antennas: no greater than three-foot diameter and 12 feet long.
(2) Panel antennas: four feet square of surface area for each such antenna.
(3) Microwave antennas: as allowed by applicable zoning district regulations.
E. Size of accessory building: one accessory building up to 100 square feet gross floor area in size.
F. Setback requirements: The setback requirements as established for any accessory building or structure within the applicable zoning district shall apply.
RIGHT-OF-WAYAn area of land, whether or not paved or otherwise improved in any way, acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer or other similar public or private uses.
[Added 12-7-2009 by Ord. No. 292]
RIGHT-OF-WAY LINEThe legal lines that form the boundaries of a right-of-way.
[Added 12-7-2009 by Ord. No. 292]
RIGHT-OF-WAY, ULTIMATEThe minimum width for a street or other corridor, computed from the center line, as required by state or federal highway departments or as described in the Township Subdivision and Land Development Ordinance (Chapter
215), which is expected to be needed in the future to adequately and properly accommodate the anticipated vehicular and pedestrian traffic and related appurtenances, based on the function of the road in the circulation system, and is the line from which required setbacks are measured.
[Added 12-7-2009 by Ord. No. 292]
ROOF- AND/OR BUILDING-MOUNT FACILITYA low-power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof (including rooftop appurtenances) or building face. Roof- or building-mounted facilities may include microcell and/or repeater facilities. Such facilities must be screened, constructed or colored to match the existing structure to which they are attached. Roof- and/or building-mounted facilities shall not exceed the following maximum criteria:
A. The facility may include up to a maximum of four whip antennas, which may extend a maximum of 15 feet above the highest portion of the structure to which they are attached, including any rooftop appurtenances.
B. The facility may extend a maximum of six feet above the highest portion of the structure to which it is attached, including any rooftop appurtenances.
C. A single accessory building may be constructed, provided that the building does not exceed 500 square feet gross floor area (GFA).
D. Antennas on the rooftop or above a structure shall be screened, constructed and/or colored to match the structure to which they are attached. Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen. Microwave antennas exceeding 12 inches in diameter on a roof- or building-mounted facility shall not exceed the height of the structure to which they are attached, unless fully enclosed. If an accessory equipment shelter is present, it must blend with the surrounding building(s) in architectural character and color.
ROOMING HOUSE (BOARDINGHOUSE)Any dwelling or part thereof in which space is let by the owner or operator to more than five persons who are not members of the family.
SANITARY SEWER FACILITYA public sanitary sewer system or a comparable common or package sanitary sewer facility approved by the appropriate governmental health agency.
SINGLE AND SEPARATE OWNERSHIPThe ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.
SIGNIFICANT BUILDINGStructures such as homes, offices or retail buildings; but does not include sheds, garages or other outbuildings.
SITE CAPACITYSee definition of "developable area."
[Added 12-3-2007 by Ord. No. 274]
STORYThat part of a building comprised between any floor and the floor or roof next above.
STREET or ROADA public or privately owned right-of-way serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties.
STRUCTUREAny form or arrangement of building materials involving or providing proper support, bracing, tying, anchoring or other protection against the forces of the elements.
TELECOMMUNICATIONSThe science or technology of communications by electronic transmission of impulses as by telegraph, cable, telephone, radio, television, microwave, earth station broadcast/cable television communications and other similar technology not otherwise enumerated and as may evolve after enactment of this chapter.
TELEPHONE CENTRAL OFFICEA building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone or radio telephone messages between subscribers and other business of the telephone company.
TOURIST HOMEA dwelling in which sleeping accommodations for less than 10 persons are provided or offered primarily for automobile travelers for compensation.
TRACTA parcel or multiple adjacent assembled parcels, all of the same owner or equitable owner, intended for subdivision or land development, treated as one parcel for calculation purposes. A tract may be bisected by a road, right-of-way, railroad, property line or watercourse.
[Added 12-1-2014 by Ord. No. 316]
TRAILERA vehicle without motive power which may be towed on public highways by a passenger automobile without a special hauling permit, which is designed for human occupancy under transient circumstances such as camping, travel or other recreation, and having a body width not exceeding eight feet and a body length not exceeding 32 feet.
TRAILER CAMP, PARK OR COURTA parcel of land under single ownership which has been planned and improved for the placement of trailers for transient use.
[Amended 12-7-2009 by Ord. No. 292]
USESB. INDUSTRIAL USEUsed for manufacturing purposes often accompanied by warehouses, freight yards, docks, etc.
C. LAND USEThe process of extracting economic or social gain from the land, i.e., the process through which a use value is created.
D. RESIDENTIAL USEUsed for a purpose related to the residential character of the property.
VARIANCEA determination by the Zoning Hearing Board from the terms of this chapter (see Article
XXX, §
250-222).
VILLAGE CONVERSIONThe remodeling or alteration of a residential structure to accommodate more dwelling units than existing; and/or the transformation of a structure either from a residential use to a nonresidential use or from a nonresidential use to a residential use.
WALLSA. BEARING WALLA wall which supports any vertical load in addition to its own weight.
B. COMMON WALLA wall owned by one party but jointly used by two parties, one or both of whom is entitled to such use under the provisions of a lease.
C. DRY WALLA wall of stone or other durable material laid without mortar.
D. FIRE WALLA wall which subdivides a building to restrict the spread of fire. It starts at the foundation and extends continuously through all stories to and above the roof.
F. PARAPET WALLThat part of an exterior, party or fire wall extending above the roofline.
G. PARTY WALLA wall used jointly by two parties under easement agreement and erected at or upon a line separating two parcels of land that may be held under different ownership.
H. (1) Any wall subjected to lateral pressure other than wind pressure.
(2) A wall built to support a bank of earth.
WHIP ANTENNAAn antenna that is cylindrical in shape which can be directional or omnidirectional. Its size varies based upon the frequency and gain for which it is designed.
YARDAn open unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky.
A. YARD, FRONTA yard extending the full width of the lot along the front line and extending in depth from the front lot line to the nearest point of any structure on the lot.
B. YARD, REARA 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. YARD, SIDEA 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.
ZONINGDivision of all of the land of an entire political subdivision into districts having different regulations pertaining to use of land and height, area, bulk and use of buildings and yard requirements and, in some states, density of population. Zoning is effected by local ordinance under the police power of the state granted by specific legislation generally termed an "enabling act."
ZONING, THE FUNCTION OFZoning is a part of city or community planning designed to promote and protect the health, safety, morals, convenience, prosperity and general welfare of the inhabitants of the community. By a zoning ordinance, a municipality may be divided into districts in which the use of land; the use, height and bulk of buildings; the density of population; and the area of the lot upon which buildings may be placed are regulated. (From "The Preparation of Zoning Ordinances," 1931.)