A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building, including, without limitation, minor garages, private garages, sheds, toolsheds, greenhouses, gazebos and pool houses.

A dwelling unit in an apartment house.

A building containing a number of separate residential units, having a common entranceway for all of the occupants and having in common conveniences such as heat, utilities, elevators and/or stairways.

A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.

Premises where secondhand automobiles or other motor vehicles are dismantled or junked or where such junked automobiles or parts thereof are stored in the open.

Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.

The Board of Township Commissioners of Nether Providence Township.

Any structure which is built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.

The aggregate of the maximum horizontal cross-section area of the building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches, bay windows not extending through more than one story and not projecting more than five feet, steps, one-story open porches and balconies.

The premises in which care is provided at any one time for seven or more children unrelated to the operator pursuant to a certificate of compliance issued by the Department of Public Welfare of the Commonwealth of Pennsylvania (Department).

The Nether Providence Township Planning Commission.

A 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 a development, not including streets, off-street parking areas and areas set aside for public facilities.

A use permitted in a particular zoning district pursuant to the provisions of this Zoning Ordinance.

A community that provides a continuum of accommodations and care for senior persons, including a combination of independent living units and either personal care-assisted living units or a skilled nursing facility, or both, and accessory uses.

The Planning Commission of the County of Delaware.

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All "decisions" shall be appealable to the Court of Common Pleas of Delaware County and the judicial district wherein the municipality lies.

An exterior floor supported on at least two opposing sides by an adjacent structure, posts, piers or other independent supports, with railings and being 15 1/2 inches or more above grade; a deck, whether contiguous or not to a building, is a building for purposes of setback limits. Any deck adjacent to a swimming pool shall not be constructed any closer than 10 feet from any property line, measured from the edge of lip of actual pool.

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

Any 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.

The 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.

A building designed for and occupied exclusively as a residence for three or more families living independently of one another.

A building designed for and occupied exclusively as a residence for one family only and having no party wall in common with an adjacent building.

A building designed for and occupied exclusively as a residence for one family only and having a party wall in common with an adjacent building.

A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having no party wall in common with an adjacent building.

A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having a party wall in common with an adjacent building.

Any liquid that contains vegetable glycerin, propylene glycol, nicotine, water, and possibly flavoring that can be used in ENDS devices. E-liquids can also be referred to as "vape" or "vape juice."

Any device designed or used to transform an e-liquid (that may contain nicotine) into an aerosol that the user inhales. ENDS can also be referred to as "vapes," "vaporizers," "vape pens," "hookah pens," "electronic cigarettes," "e-cigarettes," "e-cigs," and "e-pipes."

Includes any driveway, roadway, area, parcel and strip of land, whether or not the same is depicted or shown on any plan, map or drawing, and which is not a duly dedicated and established public street of and in the Township of Nether Providence, which provides vehicular access from any public street in the Township of Nether Providence to any building or buildings designated or appropriate to occupancy by three or more families.

The total area of the floor of an individual apartment for one family, exclusive of areas of joint use with other occupants.

The side or sides of a lot abutting a street or a right-of-way.

A building, not a private garage, used solely for the storage of motor vehicles.

A building used for the storage of one or more motor vehicles owned and used by the owner or tenant of the lot on which it is erected, for a purpose accessory to the use of the lot, or for the storage of not more than two additional motor vehicles (not trucks) owned or used by others for a similar purpose, provided that a "private garage" shall not accommodate more than one motor vehicle for each 2,000 square feet contained in the lot on which it is erected.

A building, not a private or minor garage, used for the storage and repair of motor vehicles.

A standard eighteen-hole golf course and clubhouse facility for the exclusive use of members and their guests, excluding driving ranges and miniature golf courses. The term shall include as an accessory use recreational uses customarily incidental to the golf course/clubhouse use, including tennis, swimming, racquetball and health club facilities.

A solar energy system with solar panels that are secured to a rack or other structure that is not mounted on a principal or accessory building.

The premises in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another age level who are unrelated to the operator, including a facility located in a residence or another premises, pursuant to a certificate of compliance issued by the Department of Public Welfare of the Commonwealth of Pennsylvania (Department).

The lowest floor of an apartment building having half or less of the area of the floor above for human habitation.

An administrative proceeding conducted by a board pursuant to Section 909.1 of the Pennsylvania Municipalities Planning Code.[2]

The height of a building shall be the vertical distance measured from the average level of the ground surrounding the entire perimeter of the building to the highest point of the roof for flat roofs and the highest ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical penthouses, elevator penthouses, tanks and antennas and similar projections from the building roof not intended for human occupancy, shall not be included in calculating the building height, provided such projections shall not be more than eight feet higher than the highest point of the roof for flat roofs or the highest ridge for gable, hip and gambrel roofs. Where chimneys, spires, towers, mechanical penthouses, elevator penthouses, tanks, antennas and similar projections from the building roof are more than eight feet higher than the highest point of the roof for flat roofs or the highest ridge for gable, hip and gambrel roofs, the top of the roof shall be the highest point of any such projection. The level of ground at any given point along the perimeter of the structure shall be the lowest point of any area within six feet away from the structure at that point. The average level of the ground shall be calculated by measuring the level of ground every one foot along the entire perimeter of the structure, adding all such measurements and dividing by the total length of the perimeter in feet. (For example, 50 linear feet at elevation two feet (100) plus 150 linear feet at elevation six feet (900), for total measurements of 1,000, divided by total linear feet of 200, equals an average level of the ground of five.)

Any motor vehicle used for temporary or transient living or sleeping purposes.

A surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavements, driveways areas, and roofs. Any surface areas designed to be gravel or crushed stone shall be regarded as impervious surfaces.

Any of the following activities:

The 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.

A structure or hall for fraternal or social organizations, with meeting room facilities.

A 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.

The area enclosed by the property lines of a lot, as herein defined, exclusive of rights-of-way of dedicated streets, fire lanes, rights-of-way or easements proposed for dedication or public utility easements other than those directly servicing the lot.

Act 16 of 2016, 35 P.S. § 10231.101 et seq.

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

A 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.

A 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.

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality or planning agency.

A lot, the area or dimensions 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 reason of such adoption or amendment.

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.

A use, whether of land or of a 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.

All land, with buildings, structures and recreational facilities located thereon, designated in this Chapter 300 of the Code of the Township of Nether Providence as open space preservation.

All space on a lot that is not occupied by buildings, parking areas, driveways, streets, water channels or slopes greater than 30%.

An open space or a garage used for parking motor vehicles, with an area of not less than 200 square feet and to which there is access from a street or alley.

An exterior floor supported on at least two opposing sides by an adjacent structure, posts, piers or other independent supports, without railings and being less than 15 1/2 inches above adjacent grade at any point; a patio is not a building for purposes of setback limits.

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district, created from time to time under the provisions of this Zoning Ordinance.

Includes:

A 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.

A forum held pursuant to notice under the Act of July 3, 1986, P.L. 388, No. 84, known as the "Sunshine Act."[4]

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. 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.

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such "report" in the rendering of any decision or determination. All "reports" shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any "report" used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at the cost of reproduction.

A solar system that has solar panels mounted on the roof of a principal or accessory building.

Any tobacco retailer that either devotes 20% or more of floor area or display area to, or derives 75% or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia at the subject location, including, without limitation, smoke shops and hookah lounges.

A building or group of buildings designed and used for educational or recreational activities for members of the community.

A grouping of multiple solar panels with the purpose of harvesting solar energy.

That part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and cooling, and/or for electricity.

A use permitted in a particular zoning district pursuant to the provisions of this Zoning Ordinance.

Includes "streets," avenues, boulevards, roads, highways, freeways, parkways, land, alleys, viaducts and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

The line marking the extreme limit of the plotted highway as the same may appear on the Official Township Plan at the time when an application for a building permit is duly made; except that, for the purposes of determining the "street line," every highway shall be regarded as being of a minimum width of 40 feet.

A street privately owned and maintained which is used as the principal means of access to abutting lot or lots or to more than two dwellings on a lot on which a private way is exclusively located.

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

The 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 devisees, 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.

A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone messages between subscribers, and other business of the telephone company, provided that in a residential district, a "telephone central office" shall not include public business facilities, storage of materials, trucks or repair facilities or housing of repair crews.

An exterior floor made of flagstone or slate laid directly on the ground without mortar or concrete; a terrace is not a building for purposes of setback limits.

A building for showing motion pictures (not including a drive-in theater) or dramatic performances.

One of a series of two- or three-story attached dwellings.

Any premises used or designed to be used as a parking space for one or more house trailers.

Any establishment whose principal product line for retail sale is ENDS devices, parts, components, or e-liquids. "Principal" means that the ENDS-related products constitute at least 25% of the establishment's aggregate retail sales.

Relief granted pursuant to the provisions of Articles VI and XI of the Pennsylvania Municipalities Planning Code[5] and this Zoning Ordinance.

Includes a channel, creek, ditch, drain, dry run, spring and stream in which water is present from time to time.

The required open space extending along the street line of any street on which the lot abuts.

An open space substantially enclosed on all sides by the exterior walls of one or more buildings.

An open space enclosed on three sides by the exterior walls of one or more buildings.

The required open space extending along the rear lot line (not a street line), throughout the whole width of the lot.

The required open space extending along the side lot line, throughout the whole depth of the lot.