As used in this chapter, the following terms shall have the meanings indicated:
ABANDONEDThe visible or otherwise apparent discontinuance of a nonconforming use of a building or premises, or the removal of the characteristic equipment or furnishing used in the performance of a nonconforming use without its replacement by similar equipment or furnishings, or the replacement of the nonconforming use or structure.
ACCESSORY USE OR STRUCTUREA use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
ADULT BOOK STOREAny commercial establishment from which minors are excluded, and in which the retail sales of books, magazines, newspapers, movie films, devices, slides, or other photographic or written reproductions depicting nudity or sexual conduct is the primary or a major purpose of the establishment.
AGRICULTUREThe tilling of the soil, the raising of crops, horticulture, and gardening.
ALLEYA public thoroughfare other than a street which affords only a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONSAs applied to a building or structure, any change or rearrangement in the total floor area, or an enlargement, whether by extending on a side or by increasing in height or the moving from one location or position to another.
AMENDMENTA change in use in a district which includes revisions to the zoning text and/or the Official Zoning Map, the authority for which lies solely with the Borough Council.
AMUSEMENT USESActivities operated as a business for profit, open to the public, for the purpose of providing entertainment, including, but not limited to, bowling alleys, roller skating rinks, motion-picture theaters, health clubs and similar types of establishments, but excluding adult entertainment facilities.
APARTMENT, CONVERSIONThe conversion of any building in a district where permitted to a dwelling for one or more families, without substantially altering the exterior of the building.
APPLICANTA landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENTEvery application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development.
AUTOMOBILE AND/OR MOBILE HOME SALES LOTA lot designed and used primarily for the display or sale of new and used cars and mobile homes where incidental repairs may be conducted as an accessory use.
AUTOMOBILE BODY SHOPA building on a lot that is used for the repair or painting of bodies, chassis, wheels, fenders, bumpers, and/or accessories of automobiles and other vehicles for convenience.
AUTOMOBILE GARAGE, MAJORA building on a lot designed and/or used primarily for mechanical and/or body repairs, storage, rental, servicing, or supplying of gasoline or oil to automobiles, trucks, or similar motor vehicles.
AUTOMOBILE GARAGE, MINORAn accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises, provided that no business, occupation, or service is conducted for profit therein and no space therein for more than one automobile is leased to a nonoccupant of the premises.
AUTOMOBILE WASHING (CAR WASH)A building on a lot used primarily for the washing and polishing of automobiles and which may provide accessory services.
BED-AND-BREAKFAST/GUESTHOUSEA residence used to provide sleeping accommodations and breakfast for not more than eight overnight guests.
[Amended 7-13-2004 by Ord. No. 2004-4]
BOARDER or LODGERA person, except family, occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging for a week or more at a time. Any person occupying such room or rooms and paying such compensation for less than a week at a time shall be classified for purposes of this chapter not as a boarder, or lodger, but as a guest of a commercial lodging establishment (motel, hotel, lodge, inn, guesthouse.)
BOARDINGHOUSEA building where, for compensation, provisions are made for lodging and meals for not more than 15 persons.
BUILDINGAny structure having a roof supported by columns or walls which is used for the housing or sheltering of persons, animals or property.
BUILDING AREAThe total area taken on a horizontal plane at the level of the ground surrounding the main building and all accessory buildings, exclusive of uncovered porches, terraces, and steps.
BUILDING COVERAGEThat percentage of the plot of land area covered by the principal and accessory buildings (including covered porches, carports, and breezeways, but excluding open patios, parking or loading areas).
BUILDING, HEIGHTThe vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, towers, spires, elevator penthouses, tanks and similar projections.
BUILDING, MAINA building in which is conducted the principal use of the lot on which it is located.
BUILDING SETBACK LINEA line parallel to the street line located at a distance which is equal to the front yard requirement for the district in which the lot is located, i.e., front yard setback.
CAMPGROUNDA tract or tracts of ground, or portion thereof, used for the purpose of providing space for trailers or tents for camping purposes, with or without a fee charged for renting or occupying such space.
CARPORTAn accessory building open on at least three sides which is freestanding or attached to the main building and used for parking automobiles.
CELLARA story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
COMMERCIAL DAY-CARE CENTERA private facility enrolling more than six young children between the ages two and six years of age and where tuition, fees, or other forms of compensation for the care of the children is charged and which is licensed and approved to operate as a child day-care center by the PA Department of Human Services.
CONDITIONAL USEA use permitted in certain districts which may only be authorized by the Borough Council as set forth in Article
XVII of this chapter.
CONDOMINIUMReal estate, portions of which are designed for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. A condominium is a unit with all of the following characters:
A. The unit may be any permitted land use. A condominium is an ownership arrangement not a land use.
B. All or a portion of the exterior open space and any community interior spaces are owned and maintained in accordance with the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq., and in accordance with the provisions for open space, roads or other development features in this chapter and Chapter
410, Subdivision and Land Development, of the Code of Montgomery Borough.
CONTRACTINGContractor offices and shops, such as building, cement, electrical, heating, masonry, painting, and roofing.
CRAFTSCarpentry shop, cabinet making, furniture making and similar crafts.
CROP FARMINGThe raising, keeping and sale of field, truck, and tree crops, including necessary farm structures within the prescribed limits and the storage of equipment customarily incidental to the primary use.
DENSITYDensity is a measure of the dwelling units per unit of area. Density shall be expressed in dwelling units per acre.
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, mining, dredging, filling, grading, paving, excavation or drilling operations.
DEVELOPMENT PLANThe provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DRIVEWAYA surface, other than street, which provides vehicular access from a street or private road to a lot.
DUMPA lot or part thereof used primarily for the disposal by abandonment, dumping, burial, burning, or any other means and for whatever purposes of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles, or parts thereof, or waste material of any kind.
DWELLINGA building or structure designed for living quarters for one or more families.
DWELLING, MULTIFAMILYA single structure designed for and constructed to contain at least three but no more than 12 dwelling units.
DWELLING, TOWNHOUSEA building constructed so that there are three or more dwelling units attached to one another.
DWELLING, TWO-FAMILY ATTACHEDAn attached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar, i.e., duplex.
DWELLING, TWO-FAMILY (DUPLEX)A building designed to accommodate two families living independently of each other regardless of number of stories or arrangement of quarters.
DWELLING UNITA single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
DWELLING UNITOne or more rooms containing a kitchen or kitchenette and sanitary facilities in a dwelling structure, designed as a unit for occupancy by not more than one family for living and sleeping purposes. Travel trailers, recreation vehicles, facilities for transient lodging, etc., shall not be considered as dwelling units for the purposes of this chapter.
EASEMENTA grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation or another person or entity.
EATING PLACEAn establishment for the sale and consumption of food and beverages without drive-in service. The sale and service of alcoholic beverages must be incidental to the sale and consumption of food. Includes take-out food and beverage service.
EATING PLACE, DRIVE-INAn establishment for the sale and consumption of food and beverage with drive-in or drive-through service.
ECHO HOUSINGA temporary housing arrangement in which an elderly, handicapped or disabled person, related to the owner, may reside temporarily under a hardship circumstance in a dwelling erected in the same parcel as the principal dwelling.
ENTERTAINMENT, INDOOREntertainment and recreation facilities operated as a gainful business within the confines of a building.
ENTERTAINMENT, OUTDOOROutdoor entertainment and recreation facilities operated as a gainful business not including an outdoor motion-picture establishment.
FAMILYAn individual or married couple and the children thereof with not more than two other persons unrelated directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated (excluding servants) persons living together as a single housekeeping unit in a dwelling unit.
FAMILY DAY-CARE HOMEA family residence where care is provided for five or fewer young children by an occupant of the home and which is registered by the PA Department of Human Services to provide such care.
FENCEAny combination of materials creating an enclosure or barrier.
FIREPROOF PARTY WALLA common wall shared by two tenants or property owners that is designed and constructed of material which is capable of withstanding fire or preventing damage caused by fire.
FLOODA temporary inundation of normally dry land areas.
FLOOD FRINGEThat portion of the one-hundred-year floodplain outside the floodway, excluding areas shown as approximated one-hundred-year flood zones on Montgomery Borough's Flood Boundary and Floodway Maps.
FLOOD INSURANCE MAPAn official map of a community on which the FEMA has delineated both the special areas and the risk premium zones applicable to the community.
FLOOD, ONE-HUNDRED-YEARA 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).
FLOODPLAINA. A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation. Such flooding has a one-percent chance of occurring each year (i.e., is likely to occur once every 100 years).
B. An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes or adjustments to structures which reduces or eliminates flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOODWAYThe designated area of a floodplain as shown on the Borough's Flood Boundary and Floodway Maps that is required to carry and discharge the floodwaters of a one-hundred-year flood without cumulatively raising the flood elevation more than one foot at any point.
FLOOR AREA, HABITABLESpace in a structure for living, sleeping, eating, or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable floor area.
FLOOR AREA OF A BUILDINGThe sum of the gross horizontal areas of the several floors of a building, including the area of roofed porches or terraces. All dimensions shall be measured between exterior faces of walls or of party walls when applicable.
FLOOR AREA RATIOThe ratio of floor area of a building to its lot area. When a floor area ratio of 0.4 is specified, the floor area of a building constructed on a lot of 10,000 square feet is limited to a maximum of 4,000 square feet. The number of stories being optional, the building area may be 4,000 square feet for one story; 2,000 square feet for two stories, etc.
GARAGE, PORCH OR YARD SALESAll general sales, open to the public, conducted from or on a residential property for the purpose of disposing of personal property (property which is owned, utilized, and maintained by an individual or member of his or her residence and acquired in the normal course of living in or maintaining a residence). Items purchased for resale or obtained on consignment are not considered to be personal property for the purposes of this chapter.
[Amended 1-14-2003 by Ord. No. 2003-1]
GARAGE, PRIVATE RESIDENTIALAn accessory building designed or used for the parking or storage of not more than four vehicles owned and used by the occupants of the building to which it is accessory and which is not a separate commercial enterprise available to the general public.
GARDENINGThe cultivation of herbs, fruits, flowers or vegetables not for a profit, and associated with a residential use, excluding the keeping of livestock.
GRADE, FINISHEDThe completed surfaces of lawns, walks, and roads brought to grades as shown on official plans or designs relating thereto.
GREENHOUSEThe indoor raising of plants, shrubs, and trees for sale and transplantation.
GROUP CARE FACILITYA facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household, including, but not limited to, half-way houses, recovery homes, homes for orphans, foster children, the elderly, battered children and women, and specialized treatment facilities providing less than primary health care.
HEAVY MANUFACTURINGA manufacturing or industrial operation that produces a substantial amount of noise, smoke, odor, dust, vibration, or glare, or combination thereof as a result of the operation of the activity.
HOME OCCUPATIONA customary home occupation for gain supported and conducted by members of the family residing on the premises, conducted entirely within the dwelling. Such an occupation shall not alter the residential nature of the structure or the neighborhood nor cause any interference with neighboring properties via odor, noise, electrical or visually. No more than two nonresidents may be employed on the premises.
HOSPITALA place for the diagnosis, treatment, or other care of humans and having facilities for in-patient care, including such establishments as a sanatorium and prevetorium.
HUD CODEManufactured Home Construction and Safety Standards enacted by the United States Department of Housing and Urban Development in 1976. A uniform construction code which classifies mobile homes as manufactured homes. The HUD Code preempts state and local building regulations.
IMPERVIOUS SURFACEImpervious surfaces are those surfaces which do not absorb water. All structures, buildings, parking areas, driveways, roads, sidewalks and any area in concrete, asphalt and packed stone shall be considered impervious surfaces within this definition. In addition, other areas determined by the Borough Engineer to be impervious within the meaning of this definition will also be classified as impervious surfaces.
INDUSTRIAL PARKA tract of land laid out in accordance with an overall plan for a group of industries with separate building sites designed and arranged on streets with utility services, setbacks, side yards, landscaped yards, and covenants controlling the architecture and uses.
JUNKAny used or discarded material, including, but not limited to, wastepaper, rags, metal, glass, building materials, house furnishings, machinery, vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same.
JUNKYARDAn area of land, with or without buildings, used for storage (outside of a completely enclosed building), collection, and/or sale of used or discarded materials, including junk as defined above, with or without dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage of two or more junked or abandoned motor vehicles, or the major parts thereof, for a period exceeding 120 days, shall be deemed to make the lot a junkyard and as such, must be separately licensed by the Borough.
KENNELAny lot on which five or more animals more than six months old are kept, boarded, or trained whether or not they are kept in special buildings or runways.
LAND DEVELOPMENTAny 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;
(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.
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 if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
LIGHT MANUFACTURINGA manufacturing or industrial operation that produces a negligible amount of noise, smoke, odor, dust, vibration, or glare as a result of operation of the activity.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law to be used, developed or built upon as a unit.
A. LOT AREAThe computed area contained within the lot lines, excluding any street right-of-way.
B. LOT LINEA lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
C. LOT DEPTHThe distance measured from the front lot line to the rear lot line.
D. LOT FRONTAGEThe length of the front lot line measured at the street right-of-way.
E. LOT LINESThe property lines bounding the lot.
(3) LOT LINE, SIDEAny lot line other than a front or rear lot line, a side lot line separating a lot from a street is called a side street lot line.
F. LOT WIDTHThe distance between the two side lot lines measured at the required setback line.
LOT OF RECORDAny lot which individually or as part of a subdivision has been recorded in the office of the Lycoming County Recorder of Deeds.
MAJOR THOROUGHFARESA street or highway designated as an existing or planned major thoroughfare in the Borough's Comprehensive Plan.
MANUFACTURED HOMEA factory-built residential dwelling unit certified as built in compliance with the HUD Code. It is transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length; or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a year-round dwelling.
MARKET VALUEThe fair market price of a property as determined by an appraiser or insurance adjuster; the price at which both buyer and seller are willing to do business.
MILLMill where grain and similar produces are processed.
MINERAL EXTRACTION OR SURFACE MINING OPERATIONSThe extraction of minerals from the earth or waste or stock piles, or from pits or banks, including, but not limited to: strip, drift, auger and open pit mining, dredging, quarrying, leaching, mountaintop removal, box cutting, and activities related thereto.
MINOR LAND DEVELOPMENTDevelopment involving no new streets and no extension of public water or sewer and which consists of either a single nonresidential building of less than 2,000 square feet or the placement of two single-family dwellings on a single lot.
MINOR SUBDIVISIONA subdivision of land of three or fewer new lots involving no new street and no extension of sewer and water facilities.
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.
MOTOR VEHICLE SALESThe sale and/or rental of motor vehicles, including new automobiles by a duly franchised new car dealership, used car sales, trucks, trailers, cycles, boats and recreation vehicles, including repair work conducted as an accessory use.
MUNICIPAL ENGINEERA professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality, planning agency or joint planning commission.
NEW CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration, location, or relocation of a building (including mobile homes), structure, and/or improvements (such as street utilities, etc.)
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.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use provisions of this chapter or where such structure lawfully existed prior to the enactment of the ordinance or any amendment. Such nonconforming structures include, but are not limited to, nonconforming signs.
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.
NURSERY (HORTICULTURE)Any lot or parcel of land used to cultivate, propagate, and grow trees, shrubs, vines and other plants for sale and transplantation, including the buildings, structures, and equipment customarily incidental and accessory to the primary use.
NURSING OR CONVALESCENT HOMEA building designed and used for the full-time care of human beings and which may include housing or lodging, meals, and nursing. The home shall not provide for the confinement or care of the insane, incorrigible children, criminals, those confined by court order, or those being treated for or recovering from alcohol or drug dependence, or other correctional types or any similar use.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure or other matter in, along, across or projecting into any channel, watercourse, or regulatory flood hazard area which may impede, retard or change the direction of water, either in itself or by catching or collecting debris carried downstream to the damage of life or property.
OFFICE, MEDICALOffices or clinics for medical or dental treatment of persons as outpatients, including laboratories incidental thereto.
OPEN SPACEAny parcel or designated land area in its natural state or essentially unencumbered by either principal or accessory uses, buildings, structures, or impervious surfaces.
PARKING SPACEThe space within a building, or on a lot, for the parking of one automobile.
PLANNED RESIDENTIAL DEVELOPMENT (PRD)An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which does not correspond in lot size, bulk or type of dwelling, density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of a municipal zoning ordinance.
PLATA map, plan, or layout, whether preliminary or final, showing the subdivision of land and indicating the location and boundaries of individual properties.
PONDA body of water contained by earthen banks used for fire protection or aesthetic value and having a depth at any point of more than two feet or more than 250 square feet in surface area.
PREMISESAny lot, parcel, or tracts of land and any building constructed thereon.
PRINCIPAL USEThe primary purpose(s) for which a lot is occupied. (See Article
III.)
PRIVATE ROADA right-of-way which provides vehicular access to a lot.
PUBLICOwned, operated or controlled by a government agency, federal, state, or local, including a corporation created by law for the performance of certain specialized governmental functions, and the Board of Public Education.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
PUBLIC MEETINGA forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICENotice published once each week for two consecutive weeks in a newspaper of general circulation in the municipality. Such notice shall state the date, time, and place of the hearing and the particular nature of the matter to be considered. The first publication shall be not more than 30 days nor less than 14 days before the date of the hearing and the second publication shall be not less than seven days prior to the hearing date.
PUBLIC SEWAGE SYSTEMA system designed to treat the sewage wastes of more than one dwelling unit and which discharges the resultant outflow into a stream or other body of water. Such a system must be designed in accordance with DEP standards and be permitted by the Bureau of Water Quality of the Department of Environmental Protection. These systems shall include municipal treatment facilities as well as package treatment plants installed by private developers.
PUBLIC WATERMunicipal water provided by the Montgomery Municipal Authority.
RECREATION FACILITY (PRIVATE)A facility or park area intended to be used for recreation purposes, owned or operated by other than a governmental agency.
RECREATION FACILITY (PUBLIC)A facility or park area intended to be used for recreation purposes, owned or operated by the Borough or other governmental agency.
RECREATIONAL VEHICLEA vehicle less than 40 feet in length, used for temporary living or sleeping purposes, which stands on wheels. Included in this definition are travel trailers, truck campers and motor homes. Such vehicles are permitted to be used only in campground areas of the municipality or on private individual parcels.
REPAIR SHOPA shop for the repair of items, such as appliances, lawn mowers, watches, guns, bicycles, locks and small business machines, but not including automobiles, motorcycles, trucks, trailers and other heavy equipment.
RESEARCHResearch, testing or experimental laboratories.
RESTRICTIVE COVENANTA contract between two or more parties usually specifying limitations or obligations relating to the use of property.
RETAIL STOREA shop which sells goods to the ultimate consumer.
RIGHT-OF-WAYLand set aside for use as a street, alley or other means of egress and ingress.
SCHOOLAny place offering instruction in any branch of knowledge under the supervision of the Commonwealth of Pennsylvania or a lawfully constituted governing body, person, partnership or corporation meeting the requirements of the Commonwealth of Pennsylvania.
SCHOOL (COMMERCIAL)A trade or professional school intending for training in a particular field.
SCHOOL (NURSERY)Any place designed and operated to provide regular instruction and daytime care for three or more children under the age of elementary school.
SCHOOL (PRIVATE)Religious, sectarian, and nonsectarian, denominational private school or public school which offers instruction under the supervision of the state or an organization, corporation, partnership or person meeting the requirements of the state.
SCHOOL (PUBLIC)Educational facilities associated directly with the Montgomery Borough School District.
SCREEN PLANTINGA vegetative material designed to restrict from the view of property owners in adjoining districts the structures and uses on the premises on which the screen planting is located.
SHOPPING CENTERA group of retail and other commercial and consumer/service establishments planned and designed to function as a unit and held in a single ownership with off-street parking provided as an integral part of the unit.
SIGNAny object, surface, display, device or structure bearing lettering, pictorial or sculptured matter, designed for visual communication and used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of a government.
SIGN AREAThe entire face of a sign, including the advertising surface and any framing, trim, or molding, but not including the supporting structure.
SIGN, BILLBOARD or ADVERTISING SIGN BOARDA sign which advertises or directs attention to a commodity, business, industry, or activity which is sold, offered or conducted at a location other than on the lot upon which such sign is located. For the purposes of this chapter, billboards shall be freestanding structures, not including wall signs.
SIGN BUSINESS IDENTIFICATIONA sign which directs attention to a business, commodity, service, industry or other activity which is sold, offered or conducted on the premises upon which such sign is located and may be affixed to either the ground or a wall of the business.
SIGN, GROUNDA freestanding sign supported vertically by one or more up-rights placed in or on the ground which may be designed to be moveable. Such signs may advertise products or items offered for sale or that are directly related to the premises on which they are located (e.g., business identification signs) or may advertise products or events located elsewhere (e.g., billboards).
SIGN WALLA sign attached to a wall or a part of a wall of a building or structure, not including billboards, which advertise products sold or directly related to the premises on which they are located (e.g., business identification signs).
SLOPED LOTAny parcel containing slopes greater than 15%.
STABLE, PRIVATEAn accessory building in which no more than three horses are kept for private use and not for hire, exhibition, or sale.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between any floor and the ceiling immediately above it.
STREETIncludes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STREET GRADEThe officially established grade of the street upon which a lot fronts or in its absence the established grade of other streets upon which the lot abuts, at the midway of the frontage of the lot thereon. If there is no officially established grade, the existing grade of the street at such midpoint shall be taken as the street grade.
STREET LINEThe dividing line between the street and lot, also known as "right-of-way line."
STRUCTUREAny combination of materials, other than a building which forms a construction that is safe and stable, including, but not limited to, flagpole, stadiums, platforms, towers, sheds, storage bins, fences exceeding four feet in height, signs, sign posts, lights and light standards for other than residential use but excepting patios, driveways, walks, and parking areas at yard grade.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devises, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBSTANTIAL IMPROVEMENTA. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either:
(1) Before the improvement or repair is started; or
(2) If the structure has been damaged and is being restored, before the damage occurred.
B. For purposes of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
C. The term does not include either:
(1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or
(2) Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places.
SUBSTANTIALLY COMPLETEDWhere in the judgment of the Borough Engineer, at least 90% of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
SUBSURFACE DRAINAGEThe piping, grading, and other construction associated with the removal of groundwater from under roadway or runway surfaces designed to maintain firm, stable subgrades and structure foundations; reduce saturation of backfill behind retaining walls, etc.
SWIMMING POOLA body of water in an artificial container, whether located in or above ground, having a depth at any point of more than two feet or a surface area of more than 250 square feet, used or intended to be used for swimming.
TAVERNAny establishment licensed by the Pennsylvania Liquor Control Board to serve alcoholic beverages for on-premises consumption.
TRUCK TERMINAL or FREIGHT STATIONA structure or group of structures owned and/or operated by a trucking firm(s) intended to be used for loading, unloading, storage and/or transfer of truck-transported goods, including truck maintenance, and fueling facilities.
USE, CONDITIONALA use to be allowed or denied by the Borough Council after recommendations by the Planning Commission, pursuant to express standards and criteria set forth in this chapter.
USE, PERMITTEDThe specific purpose for which land or a building may be designed, arranged, intended, or for which it is or may be occupied, or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
UTILITIES (PUBLIC)Those services customarily rendered by public utility corporations, municipalities or municipal authorities, in the nature of electricity, gas, telephone, water and sewage, including the appurtenances used in connection with the supplying of such services (building, wires, pipes, poles and the like).
VARIANCEA modification of the literal provisions of this chapter which the Zoning Hearing Board is permitted to grant when strict enforcement would cause undue hardship owing to circumstances unique to the individual property on which the variance is sought.
VEGETATIVE MATERIALConsists of trees, shrubs, flower grass, ground covers, or similar decorative substitute such as bark, stone, etc.
WAREHOUSE, WHOLESALE, STORAGEStructures or establishments intended for the wholesale sale and/or storage or warehousing of products with no retail sales.
WETLANDSLand that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does or would support, a prevalence of vegetation typically adapted for life in saturated soil conditions. The term includes, but is not limited to, swamps, bogs, marshes, and marine meadows.
YARDAn open space which lies between the principal building or group of buildings and the nearest lot line as specified in Article
III of this chapter. Such space shall be unoccupied and unobstructed from the ground upward except as may herein be permitted.
A. YARD, FRONTAn open space which lies between the principal building or group of buildings and the front lot lines, unoccupied and unobstructed from the ground upward.
B. YARD, REARAn open space extending the full width of the lot between a principal building and the rear lot line, unoccupied and unobstructed from the ground upward.
C. YARD, SIDEAn open space extending from the front yard to the rear yard between a principal building and the nearest side lot line, unoccupied and unobstructed from the ground upward.
ZONING MAPThe Official Zoning Map of Montgomery Borough, together with all notations, references and amendments which may subsequently be adopted.
ZONING PERMITA permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the district in which it is located.