Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ABUTTINGTo be joined at a border, property line, or zoning district boundary. Abutting properties include properties across a street or alley, or a railroad right-of-way.
ACCESSORY BUILDINGA subordinate, uninhabitable building, located on the same lot as the principal building and clearly incidental and subordinate to that principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building. Examples of accessory buildings include, but are not limited to, detached garages, sheds, greenhouses, gazebos, carports and covered decks, patios, or terraces.
ACCESSORY EQUIPMENTAny equipment servicing or being used in conjunction with a wireless communication services facility or wireless communication support structure. The term includes utility transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds.
ACCESSORY STRUCTUREA subordinate, uninhabitable structure, located on the same lot as the principal building and clearly incidental and subordinate to that principal building. Examples of accessory structures include, but are not limited to, swimming pools, pergolas, fences or walls, signs, walkways, driveways, parking areas and uncovered decks, patios, or terraces.
ACCESSORY USEA use subordinate to the principal use of land or of a building on a lot and customarily incidental thereto.
ADJACENTTo be joined at a property line. Adjacent properties do not include properties across a street or alley, or a railroad right-of-way.
ADULT USEAny business, club or other similar operation which permits patrons, clients, visitors, or members to hear, view, read, lease, purchase, trade or exchange, and/or participate in activities, publications, movies, videotapes and/or live or televised performances which have as their dominant theme or themes explicit sexual activities and/or the exhibition of portions of the human or animal anatomy which are not normally seen in public or in commercial or other club-type operations, including the genital areas, buttocks and female breasts, and which operations may or may not exclude minors by virtue of age. Included in the term "adult use" are bookstores, movie theaters, restaurants, bars and any other operation which qualifies for inclusion by virtue of the definition above, regardless of the type of other uses or operations which may also be conducted on or in the property or properties involved. See also "age-regulated use."
AGE-REGULATED USEAn age-regulated use shall include the following uses as defined by this chapter: adult use, bail bond agency, check cashing business, gun shop, hookah bar, pawnshop, payday lender, shooting range, and smoke shop. Any business that sells or offers products containing Delta-8 THC (tetrahydrocannabinol) or Kratom, and any business that permits or sanctions off-track betting or gambling on horse racing outside a racetrack shall also be considered an age-regulated use. These enumerated uses have statutory limitations that allow patronage only by individuals 18 years of age or older; however, a minor individual may accompany an adult under certain circumstances (e.g., an individual under 16 years of age may not use a shooting range unless accompanied by a person 18 years of age or older, pursuant to 58 Pa. Code § 135.181).
AGRICULTURAL OPERATIONAn enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development with the agricultural industry.
ALLEYLand over which there is a right-of-way, municipally or privately owned, on which no dwelling or stores may front, serving as a secondary means of access to two or more lots.
ALTERATIONAs applied to a building, any change or rearrangement in the structural parts, or any enlargement, whether by extending on any side or by increasing in height, or moving from one location or position to another.
ANTENNAAny system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
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, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or for the approval of a development plan.
AWNINGA cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.
BAIL BOND AGENCYA business that charges a fee or premium to effectuate the release of an accused defendant or detainee from jail, detention, or incarceration, sells or issues surety bail bonds, or otherwise requests financial security in the form of money or personal or real property to ensure the appearance of a criminal defendant before the courts. See also "age-regulated use."
BANNERAny cloth, bunting, plastic, paper or similar nonrigid material and attached to any structure, staff, pole, rope, wire, or framing and is anchored on two or more edges or at all four corners. Banners also include nonrigid signs anchored along one edge or two corners, with weights installed that reduce the reaction of the sign to wind. Banners may or may not include text, logos and/or graphic symbols. Banners are temporary in nature and do not include flags.
BASE FLOODA flood having a 1% chance of being equaled or exceeded in any given year. This is the regulatory standard also referred to as the "100-year flood."
BASE FLOOD ELEVATIONThe elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year. The BFE is shown on the Flood Insurance Rate Map (FIRM) for zones AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO, V1-V30 and VE.
BILLBOARDA sign that directs attention to a business, product, advertising matter, or service conducted, sold, or offered at a location other than the premises on which the sign is located.
BLOCKThe lots included in an area on both sides of a street between consecutive cross streets that includes only homes with a mailing address for that street.
BOARDINGHOUSEA dwelling unit or part thereof in which, for compensation, lodging and meals are provided to three or more persons unrelated to the owner and which does not constitute a single housekeeping unit. Cooking facilities shall not be permitted in individual rooms. No meals shall be provided to nonresident guests. A boardinghouse is not a hotel or motor court, but shall be classified as a multifamily development.
BUFFERAn area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, buffers may be included as part of the required setbacks and yard areas. Buffers are divided into three types:
(1) SCREEN BUFFERA buffer composed of natural and/or man-made material arranged in a certain specified depth, height and density to effectively block the view from one side to another to a minimum height of seven feet during all seasons of the year and to reduce the transmittal of noise and odors between the sides. See also §
184-26F(1).
(2) SOFTENING BUFFERA buffer composed of natural and/or man-made material arranged in a certain specified depth, height and density to ease and soften, but not essentially block, the view from one side to another and to reduce the transmittal of noise and odors between the sides. See also §
184-26F(2).
(3) OPEN BUFFERA buffer normally composed of grass, ground cover and/or possibly other landscaping material having a specified depth, but not necessarily having significant vertical components to achieve a certain height or density, the purpose of which is to achieve adequate spacing and attractive landscaping between two or more actively used areas. See also §
184-26F(3).
BUILD-TO LINEA build-to line is a line parallel to the street along which a front facade must be set. It is measured as a perpendicular distance from the curbline to the nearest point of the building facade. See also "setback, front."
BUILDINGA structure under a roof, used for the shelter or enclosure of persons, animals or property, and including covered or uncovered porches, steps and ramps, bay windows and chimneys. The word "building" shall include any part thereof.
BUILDING AREAThe horizontal cross-sectional area of a building on a lot above the ground level, measured at the greatest outside dimensions. This definition excludes: cornices, eaves, gutters, or chimneys projecting not more than two feet, bay windows not extending through more than one story and not projecting more than five feet, steps, and ramps.
BUILDING FRONTAGEThe maximum linear width of a building measured in a single straight line parallel with the adjacent public street or parking lot.
BUILDING HEIGHTThe vertical distance measured from the elevation of the proposed finished grade at the front of the building to the midpoint between the highest and lowest point of the roof. Chimneys, spires, towers, mechanical penthouses, tanks, communications antennas and similar structures shall not be included in calculating the building height.
BUILDING, PRINCIPALA building in which is conducted as the principal use of the lot on which it is situated.
CABARETA restaurant, cafe, tearoom, tavern or bar which also provides, at any time, dancing and/or live entertainment (including, but not limited to, disc jockeys), except that live background instrumental music, while dining, when such background music is performed by a single musician playing either a piano, organ, violin or accordion, shall not be considered live entertainment.
CANOPYA structure other than an awning made of fabric, metal, or other material with frames affixed to a building and carried by a frame that is supported by columns or posts affixed to the ground.
CHECK CASHING BUSINESSA business entity that engages in the cashing of checks for a fee. The Commonwealth Department of Banking and Securities requires all check cashing businesses to maintain a check casher license. See also "age-regulated use."
CLUBA voluntary, nonprofit incorporated or unincorporated association for the purposes of social, literary or political nature.
CO-LOCATION or COLLOCATIONThe mounting of one or more wireless communications facility, including antennas, on an existing tower-based wireless communications facility or utility pole or light pole.
COMMERCIAL TRAFFIC VISITAny visit or delivery, except regular mail delivery or express mail services, by a vehicle to a property on which a home occupation is conducted, such being made in connection with the home occupation.
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 a development, not including streets, off-street parking areas and areas set aside for public facilities.
COMMON PARKINGAny parking area used by three or more dwelling units and having space for six or more motor vehicles.
COMPREHENSIVE PLANMaps, charts, descriptive matter officially adopted by the Borough's Planning Commission and the Borough Council showing, among other things, recommendations for the most appropriate use of land; for the most desirable density of population; for a system of thoroughfares, parkways and recreation areas; for the general location and extent of facilities for water, sewer, light and power; and for the general location, character and extent of community facilities.
CONDITIONAL USEA form of permitted use, authorized by this chapter and by Section 603(c)(2) of the Municipalities Planning Code, under the jurisdiction of the Borough Council following recommendation by the Borough Planning Commission. The Borough Council is empowered to grant permission for conditional uses, consistent with the public interest, in compliance with the standards and procedures established in this chapter, following thorough examination of the proposal and hearing and under any reasonable safeguards necessary to implement the purposes and intent of this chapter and to protect the general welfare.
CONSTRUCTIONThe construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.
CONVERSIONThe remodeling or alterations of a structure so as to accommodate the provision of more housing units or dwellings.
COURTThat space which in a building or group of buildings is bounded on three sides by the exterior walls of two or more dwelling units, in the case of apartment dwellings; that space which in a semidetached dwelling or row house is bounded on two sides by dwelling walls and the third side by the party line, provided that the term "court," as referred to in this chapter, shall not apply to open spaces defined as above, the least depth of which is less than five feet or the width of which exceeds 20 feet.
CURBThe edge of the vehicular pavement that may be detailed as a raised concrete or stone element.
CURBLINEA line formed by the face of the existing curb or in its absence, the outer edge of the shoulder, along which a curb would be otherwise located.
DECKA structure, with or without a roof, either freestanding or attached to a principal building, that may or may not have railings or access to the ground and is used primarily for private recreational purposes. A deck may be constructed of any materials.
DEMOLITIONAny act or process that destroys or removes 51% or more of the exterior walls of a structure, improvement, or object.
DEMOLITION BY NEGLECTThe absence of routine maintenance and repair which can lead to a building's or structure's structural weakness, decay and deterioration resulting in its demolition.
DENSITYThe number of dwelling units per developable acre.
DEVELOPABLE ACREThe developable acreage shall equal the gross acreage minus the following: all land contained within the existing, legal rights-of-way of all roads abutting or running through the land proposed for subdivision or land development; all slopes of 15% or greater; and all wetlands, 100-year floodplain and alluvial soils as defined by the Soil Survey of Montgomery County of 1967.
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.
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.
DIGITAL DISPLAYA display of a sign message made up of internally illuminated components capable of changing the message periodically. Digital displays may include but are not limited to LCD, LED, or plasma displays.
DISTRIBUTED ANTENNA SYSTEMS (DAS) or DATA COLLECTION UNITS (DCU)A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. DAS antenna elevations are generally at or below the clutter level and node installations are compact.
DORMITORYA building used as group living quarters for unrelated individuals which does not function as a single housekeeping unit and typically does not include individual kitchen facilities or private bathrooms in individual dwelling units.
DRIVEWAY, ACCESSA private way for vehicular and pedestrian access between a public street and a parking area within a lot or property. Also referred to as a "driveway."
DRIVEWAY, RIBBONA driveway consisting of two parallel strips of concrete, mortar-set stone or brick, or solid or turf pavers with an open, unpaved space in between. Refer to §
208-61E(4)(a)[4] for design requirements specific to ribbon driveways. The total area of a ribbon driveway, as calculated using the perimeter on all sides, shall be included in the calculation of impervious coverage.
DWELLINGA house, an apartment, or other group of rooms, or a single room is regarded as a dwelling unit 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 direct access from the outside or through a common hall or a kitchen or cooking equipment for the exclusive use of the occupants of the unit, excluding hotels, rooming houses, tourist homes, institutional homes, residential clubs, motor courts and the like.
(1) SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE)A single-family attached dwelling, also known as a "townhouse" or "rowhouse," is a single-family attached or semidetached (in the case of end units) dwelling within a multi-dwelling building, consisting of at least three but no more than eight such dwelling units, with each unit occupying the total space from ground to roof, and joined to each other by not more than two vertical, common party walls, which also serve as the lot line dividing the properties.
(2) SINGLE-FAMILY DETACHED DWELLINGA dwelling unit designed and used exclusively as the residence for only one family unit, that is the only dwelling unit located on the parcel it is situated on, and that is not attached to any other structures or dwelling units, except accessory structures permitted in this chapter.
(3) SINGLE-FAMILY SEMIDETACHED DWELLING (TWIN)A dwelling unit in which one side wall is a party wall in common with a neighboring dwelling unit designed so that the vertical party wall separates two dwelling units, and acts as the lot line dividing the properties, but it is otherwise surrounded by required yard areas.
(4) TWO-FAMILY DETACHED DWELLING (DUPLEX)A building having two separate dwelling units, one over the other or side-by-side, so that each unit shares one and only one common partition. Both dwelling units are located on a single parcel and are under common ownership.
(5) MULTIFAMILY DEVELOPMENTA residential building containing at least three permanent dwelling units in a variety of combinations, including side-by-side, over-and-under, or back-to-back with another dwelling unit.
DWELLING UNITA building or portion thereof providing complete housekeeping facilities for one family for year-round use.
FAAThe Federal Aviation Administration.
FACADEThe exterior wall of a building that is set along a frontage line that faces a public or private street or pedestrianway.
FAMILYAny group of individuals living together permanently or long-term, as opposed to transiently or short-term, as the functional equivalent of a family where the residents may share living expenses, chores, eat meals together and are a close group with social, economic and psychological commitments to each other. A family includes, for example, the residents of residential care facilities and group homes for people with disabilities. A family does not include larger institutional group living situations such as student-housing, dormitories, fraternities, sororities, monasteries or nunneries.
FCCThe Federal Communications Commission.
FEMAFederal Emergency Management Agency (FEMA), an agency within the U.S. Department of Homeland Security. The federal agency under which the National Flood Insurance Program is administered. FEMA is charged with responding to Presidentially declared disasters.
FESTOON LIGHTINGA type of illumination composed of either a group of incandescent light bulbs hung or strung overhead or on a building or other structure(s), or light bulbs not shaded or hooded or otherwise screened to prevent direct rays of light from shining on adjacent properties or rights-of-way.
FLAGAny sign printed or painted on cloth, plastic, canvas, or other like material with distinctive colors, patterns or symbolic devices attached to a pole or staff and anchored along only one edge or supported or anchored at only two corners.
FLOOD(1) A general and temporary condition of partial or complete inundation of two or more acres of normally dry land area or of two or more properties (at least one of which is the policyholder's property) from:
(a) Overflow of inland or tidal waters; or
(b) Unusual and rapid accumulation or runoff of surface waters from any source; or
(c) Mudslides (i.e., mudflows) which are proximately caused by flooding and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current; or
(d) Collapse or subsidence of land along the shore of a lake or similar body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels that result in a flood as defined above.
(2) A flood inundates a floodplain. Most floods fall into three major categories: riverine flooding, coastal flooding, and shallow flooding.
FLOOD HAZARD BOUNDARY MAP (FHBM)Official map of a community issued by FEMA, where the boundaries of the flood, mudflow and related erosion areas having special hazards have been designated.
FLOOD INSURANCE RATE MAP (FIRM)Official map of a community on which FEMA has delineated the Special Flood Hazard Areas (SFHAs), the Base Flood Elevations (BFEs) and the risk premium zones applicable to the community.
FLOODPLAINAny land area susceptible to being inundated by floodwaters from any source.
FLOODPLAIN MANAGEMENT(1) The operation of an overall program of corrective and preventive measures for reducing flood damage, including, but not limited to, emergency preparedness plans, flood-control works and floodplain management regulations.
(2) Floodplain management is a decision-making process that aims to achieve the wise use of the nation's floodplains. "Wise use" means both reduced flood losses and protection of the natural resources and function of floodplains.
FLOODPROOFINGAny combination of structural and non-structural 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.
FLOODWAYThe channel of a river, stream, or other watercourse and the adjacent land area required to carry and discharge a flood of the 100-year magnitude.
FLOOR AREAThe horizontal floor area within the inside perimeter of the outside walls of the building, including, but not limited to, hallways, stairs, closets, thickness of walls, columns and other features.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes which does not involve any land development.
FUNCTIONAL FAMILY EQUIVALENTPersons living and cooking together as a single, nonprofit and nontransient housekeeping unit and having facilities to do their cooking on the premises.
FUNCTIONALLY EQUIVALENT SERVICESCellular radio, personal communication service (PCS), enhanced specialized mobile radio, specialized mobile radio and paging, commercial land mobile radio and additional emerging technologies.
GARAGE(1) PRIVATE GARAGEAn accessory building or a part of a principal building designed primarily for the storage of not more than two passenger cars (as defined in the Pennsylvania Motor Vehicle Code) owned and used by the owner or tenant of the premises. A detached garage designed primarily for the storage of not more than two passenger cars may be constructed on a premises even though the principal building contains an attached garage as part of the structure.
(2) PUBLIC GARAGEA 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.
(3) STORAGE GARAGEA 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 sale, service or repair thereof, nor for the sale of fuel, accessories or supplies.
GLAREThe effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
GUN SHOPA retail store that is engaged in the selling, leasing, purchasing, or lending of any firearms or ammunition. The Pennsylvania State Police requires all gun shops to maintain a license to sell firearms. See also "age-regulated use."
GUYED TOWERA tower which is supported or braced through the use of cables (guy wires) which are permanently anchored.
HEIGHTWhen referring to a tower, the vertical distance measured from the lowest finished grade at the base of the tower to the highest point on the tower, even if said highest point is an antenna.
HELISTOPAn area on a roof or on the ground to accommodate touchdown, liftoff and parking of rotor-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo with no service facilities.
HOLIDAY AND SEASONAL DECORATIONSSigns or displays, including lighting, which are a nonpermanent installation celebrating national, state, and local holidays, religious or cultural holidays, or other holiday seasons.
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.
HOOKAH BARAny establishment that is devoted to, marketed as, or designed for, whether as its primary use or as an accessory use, the on-premises use of smoking through a water pipe with a smoke chamber, a bowl, a pipe and a hose, commonly referred to as a "hookah," and also known as narghile, argileh, shisha, hubble-bubble and goza, or any similar device used for on-premises smoking. The term "hookah bar" includes, but is not limited to, establishments variously known as hookah parlors, hookah cafes, and hookah lounges. See also "age-regulated use."
HOUSE TRAILER and TENTAny vehicle, camper or cloth structure used for living or sleeping purposes. If a house trailer or a tent is used for living or sleeping purposes within the Borough for an aggregate of more than 30 days in any year, it shall be considered as if it were a single-family detached dwelling for all purposes of this chapter.
HOUSEHOLD PETA pet is a privately owned companion animal that is kept in the home for pleasure rather than for commercial purposes (not intended for research or resale). A household pet includes the following animal groups only: dogs, cats, birds, ferrets, fish, hedgehogs, rabbits, rodents, reptiles and amphibians. Nothing herein shall prohibit the keeping of an emotional support animal, seeing eye dog, service animal, or medically supportive animal.
ILLUMINATIONA source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source, so shielded that no direct illumination from it is visible elsewhere than on and in the immediate vicinity of the sign/object/lot.
(1) EXTERNAL ILLUMINATION (OF SIGN)Artificial light, located away from the sign, that lights the sign, but which is itself not visible to persons viewing the sign from any street, sidewalk, or adjacent property.
(2) INTERNAL ILLUMINATION (OF SIGN)A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this chapter.
(3) HALO ILLUMINATION (OF SIGN)A sign using a three-dimensional message, logo, etc., which is lit in such a way as to produce a halo effect. (Also known as "backlit illumination.")
IMMEDIATE FAMILY MEMBERAny spouse, parents, stepparents, foster parents, father-in-law, mother-in-law, children, stepchildren, foster children, sons-in-law, daughters-in-law, grandparents, grandchildren, brothers, sisters, brothers-in-law, sisters-in-law, aunts, uncles, nieces, nephews, or first cousin (that is, a child of an aunt or uncle).
IMPERVIOUS SURFACEA surface that prevents the infiltration of water into the ground. Impervious surfaces (or areas) shall include, but not be limited to, roofs, additional indoor living spaces, patios, garages, storage sheds and similar structures, swimming pools, and any new streets or sidewalks. Decks, parking areas, and driveway areas are not counted as impervious areas only when they do not prevent infiltration of water into the ground directly beneath them.
INFLATABLE DEVICEA sign that is a cold-air-inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or structure and equipped with a portable blower motor that provides a constant flow of air into the device.
LAND DEVELOPMENTAny of the following activities:
(1) The improvement of one or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(b) 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.
(3) Developments in accordance with Section 503(1.1) of the Municipalities Planning Code, as amended.
LANDOWNERThe legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option to 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.
LATTICE TOWERA type of mount that is self-supporting with multiple legs and cross bracing of structural steel.
LIGHT TRESPASSLight emitted by a light source which extends beyond the boundaries of the property on which the light source is located.
LOADINGAn area in which goods and products are moved on and off a vehicle, including the stall or berth and the apron or maneuvering room incidental thereto.
LODGINGTemporary residential accommodation for tourism and business purposes which typically includes a furnished room that includes temporary sleeping arrangements, sanitary facilities, and may include limited kitchen facilities.
LOTA designated parcel, tract or area of land held by a landowner and/or intended for use, development, lease, or transfer of ownership and for which a deed description is recorded or is intended to be recorded at the Office of the Recorder of Deeds for Montgomery County.
LOT AREA, GROSSThe area of land contained with the property lines of a parcel, tract or lot as described in the deed or as shown on an approved subdivision plan.
LOT AREA, NETThe gross lot area, excluding the following areas:
(1) Any area within the street ultimate right-of-way; or within any other ultimate right-of-way, whether public or private, that provides, or is intended to provide, access to more than one lot by way of vehicular and/or pedestrian circulation.
(2) Any area, easement or right-of-way to be used for emergency access, drives or fire lanes. The net lot area shall be used to determine the area, bulk, coverage, dimensional, and density requirements.
LOT LINEA property boundary line of any lot held in single or joint ownership, except that in the case of any lot abutting a street, the "lot line" for such portion of the lot as abuts the street shall be deemed to be the same as the ultimate right-of-way line and shall not be the center line of the street or any other line within the street side line even though such may be the property boundary line.
LOT WIDTHThe lot width shall be the width of the lot from side lot line to side lot line and the minimum lot width permitted shall be maintained for the entire depth of the lot.
LOT, CORNERA lot having contiguous frontage on two or more intersecting roads. The setback at each road frontage shall be the front setback for the district in which the lot is located. One of the other two sides shall have a rear yard setback and the other shall be the side yard.
LOT, FLAG (REAR LOT)A lot that does not provide at least 50% of the required lot width as frontage along a public street or does not provide the required lot width at a point equal to the required front yard established for the district in which located.
(1) Such lots shall be connected to a public street by an access strip having a width of not less than 25 feet which shall be held in fee-simple ownership as a part of the flag (or rear) lot.
(2) The area of the access strip, up to a point where the minimum required lot width is achieved, shall not be included in calculating the minimum lot area required for the zoning district in which located.
(3) The minimum lot area for any flag lot shall be twice the size of the minimum lot area required for the district.
LOT, LANDLOCKED or INTERIORA designated parcel, tract, or area of land lawfully assigned a separate tax parcel identification number by the Montgomery County Board of Assessment office that does not have frontage on a street or alley.
MARQUEEA permanent structure, other than a roof, attached to, supported by, and projecting from a building and providing protection from the elements.
MEDICAL MARIJUANAMarijuana for certified medical use as set forth in the Medical Marijuana Act. (See next defined term.)
MEDICAL MARIJUANA DISPENSARYA person, including a natural person, corporation, partnership, association, trust, or other entity or any combination thereof which holds a permit issued by the Pennsylvania Department of Health to dispense medical marijuana. The term includes the facility from which medical marijuana is dispensed. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
MEDICAL MARIJUANA GROWER/PROCESSORA person, including a natural person, corporation, partnership, association, trust, or other entity or any combination thereof which holds a permit from the Department of Health to grow and process medical marijuana. The term includes the facilities in which medical marijuana is grown and processed. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.
MOBILE BILLBOARDA sign affixed to a vehicle or pulled by a vehicle, the primary purpose of which is for advertising while the vehicle is moving or in traffic.
MOBILE HOMEA single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards of the United States Department of Housing and Urban Development, as indicated by the Structural Engineering Bulletin(s) provided to the Borough Council by the applicant. It shall be contained in one unit (called a "single-wide") or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing (called a "double-wide"), 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, including any roofed addition such as extra rooms, covered patios, porches, etc.
MOBILE HOME LOTA parcel of land in a mobile home park, provided with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of a single mobile home and the exclusive use of its occupants.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more lots, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of mobile homes.
MONOPOLEThe type of tower that is self-supporting with a single shaft of wood, steel or concrete and a platform (or racks) for panel antennas arrayed at the top.
MOTOR VEHICLEAny vehicle, as more specifically defined in the Vehicle Code of Pennsylvania, as now in force or as hereafter amended, enacted or reenacted, except in those instances where the context clearly indicates a different meaning, which is self-propelled, except tractors, power shovels, road rollers, agricultural machinery and vehicles which move upon or are guided by a track or travel through the air.
MOUNTThe structure or surface upon which antennas are mounted, including the following three types of mounts:
MULTIFAMILY DEVELOPMENTA multifamily residential development is a detached, residential building containing at least three permanent dwelling units in a variety of combinations, including side-by-side, over and under, or back-to-back with another dwelling unit.
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.
MURAL or MURAL SIGNAn image which is painted, constructed or affixed directly onto a vertical building wall, which may or may not contain text, logos, and/or symbols. A mural is considered a wall sign regardless of the content and the area of any mural shall be calculated as part of permissible sign area.
NATIONAL FLOOD INSURANCE PROGRAM (NFIP)The program of flood insurance coverage and floodplain management administered under the Act and applicable federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning chapter, 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 SIGNA sign that was legally erected and maintained at the effective date of this chapter, or amendment thereto, that does not currently comply with sign regulations of the district in which it is located.
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 chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. 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 chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment, or prior to the application of such chapter or amendment to its location by reason of annexation.
NUISANCE(1) Any use considered to be inconsistent with the public comfort, convenience, health, safety, and general welfare, including, but not limited to, the following: fire and explosion hazards; electrical and radioactive disturbances; noise and vibration; dust, dirt, and fly ash; glare; smoke and odors; and other forms of air pollution.
(2) Any use operated or conducted in a manner which directly or indirectly endangers the public health, safety and/or welfare, including, but not limited to, having a detrimental effect on an adjoining property or use of property and/or the community.
(3) A property in a continuing state of disrepair that is not fit for human habitation and/or occupancy with the potential to attract vermin and/or deemed to be a fire hazard to adjoining properties.
(4) A property that contains trash, junk and/or one or more inoperable vehicles.
OBSTRUCTIONAny wall, dam, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure or matter in, along, across or projecting into any channel, watercourse or designated floodplain district which may impede, retard or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or is placed where the flow of the water might carry the same downstream to damage property or threaten lives.
OWNERAny person vested with ownership, legal or equitable, sole or partial, of any property located in this Borough.
PARKING LOTAny area privately owned which is used for the storage of motor vehicles or other vehicles, not in excess of 24 hours continuous storage.
PARKING SPACEAn open or covered area with a dust-free, all-weather surface for the storage of one automobile, accessible via a driveway. A parking space shall be constructed of macadam, asphalt, concrete, or permeable paving and has an area as specified otherwise required in this chapter.
PATIOAn unenclosed area at ground level, with or without a roof and is used primarily for private recreational purposes.
PAVING, PERMEABLEAn all-weather paving material which allows for significant reduction in surface water runoff due to its absorptive or porosity characteristics. The paving materials may include porous bituminous concrete mixtures, permeable interlocking concrete paving blocks, concrete grid pavers, perforated brick pavers, permeable flexible paving, and similar materials when reviewed by the Borough Engineer; gravel or cinders shall not qualify. The material and its construction details shall be reviewed and approved by the Borough Engineer prior to installation.
PAWNSHOPA pawnshop is an individual or business that loans money to individuals who use their personal property as collateral, or who purchases personal property with an understanding to sell it back at a later time at a specified price. The Commonwealth Department of Banking and Securities requires all such individuals or businesses to maintain a pawnbroker's license. Furthermore, a pawnshop includes any individual or business involved in the direct purchasing and resale of an individual's personal property and the purchasing of precious metals by or on behalf of a "cash for gold" or similar operation. See also "age-regulated use."
PAYDAY LENDERA business where a lender will extend, or will negotiate, arrange, aid or assist a consumer in procuring a "payday loan," "cash advance loan," "check advance loan," or otherwise offer or assist with a short-term credit or a cash advance secured or facilitated by a consumer's personal check that is held for future deposit or by electronic access to the consumer's bank account. The term includes any form of such lending, notwithstanding the presence of some other element introduced to disguise the true nature of the transaction, such as the sale or provision of a good, service or commodity incidental to the advance of funds and notwithstanding the fact that the transaction is conducted in person, by mail, Internet or telephone, or through any other means. The term shall not include loans made by the customer's employer or an agent of such employer or by a federally or Commonwealth-charted bank, thrift or credit union. See also "age-regulated use."
PENNANTA triangular or irregular piece of fabric or other material, commonly attached in strings or strands, or supported on small poles intended to flap in the wind.
PLATThe map or plan of a subdivision or land development, whether preliminary or final.
PORCHAn extension to the main building, with or without a roof, is one story in height, and has access to the ground.
PREEXISTING TOWERS and PREEXISTING ANTENNASAny tower or antenna which has been lawfully erected prior to the effective date of this chapter, including permitted towers or antennas that have been approved but have not yet been constructed so long as such approval is current and not expired.
PRESERVATION or PROTECTIONWhen used in connection with natural and historic resources, shall include means to conserve and safeguard these resources from wasteful or destructive use, but shall not be interpreted to authorize the unreasonable restriction of forestry, mining or other lawful uses of natural resources.
PRIMARY FRONT FACADEAll aboveground exterior walls of a building oriented parallel to a street frontage. In the event there is more than one street frontage, the primary front facade shall be oriented toward the street of higher classification. Primary facades shall contain a main entrance connected to the sidewalk by a walkway, or shall front directly on a sidewalk.
PRIME AGRICULTURAL LANDLand use for agricultural purposes that contains soils of the first, second or third class as defined by the United States Department of Agriculture Natural Resource and Conservation Services County Soil Survey.
PROPERTY LINEA demarcation of property ownership. Also referred to as a "lot line."
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 NOTICENotice 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.
PUBLIC UTILITIES FACILITIESA building or aboveground structure or equipment owned by a governmental entity, a nonprofit organization, corporation or any entity defined as a public utility by the Pennsylvania Public Utilities Commission used for the production, generation, transmission, delivery, collection or storage of water, sewage, electricity, telephone, gas, oil or communication signals. Excepted are utility transmission lines and supporting structures; provided, however, that telecommunication or transmission towers shall not be included within this definition and shall be considered a distinct separate use. In a residential district (R-1, R-2 and R-3), this use shall not include public business facilities, storage of materials, trucks or repair facilities.
RADIO FREQUENCY RADIATION (RFR)The emissions from personal wireless service facilities or any electromagnetic energy within the frequency range from 0.003 MHz to 300,000 MHz.
RECREATIONAL VEHICLEA trailer or motor vehicle designed or adapted for recreation purposes, which may include living, sleeping, eating and sanitary facilities but which is designed for transient or vacation occupancy.
SETBACKThe distance from a lot line or, in the case of front setbacks, a curbline to the point on a lot where a building or structure may be constructed. A setback area must be maintained clear of buildings and structures, with the exception of encroachments as may be permitted by this chapter.
SETBACK, FRONTA setback extending along the full width of the lot along the street line and which extends from the curbline towards the interior of a lot. The required depth of a front setback shall be established by the applicable zoning district. See also "build-to line."
SETBACK, REAR (or REAR YARD SETBACK)A setback extending along the full width of the lot along the rear lot line that extends towards the interior of the lot. The required depth of a rear setback shall be established by the applicable zoning district.
SETBACK, SIDE (or SIDE YARD SETBACK)A setback extending along a side lot line, those being the lot lines connecting the front lot line to the rear lot line, measured from a side lot line towards the interior of the lot. The required depth of a side setback shall be established by the applicable zoning district.
SHOOTING RANGEA place that is designed or intended for the safe discharge, on a regular and structured basis, of firearms for the purpose of target practice or target shooting competitions. A shooting range must comply with 58 Pa. Code § 135.181, Rifle and Handgun Ranges. See also "age-regulated use."
SIGHT DISTANCE, STOPPINGThe distance of unobstructed view along the center line of a street from the driver's eye-height of 3 1/2 feet above the pavement surface to the furthest visible point, or as otherwise defined in the most current edition of PennDOT Publication No. 13M: Design Manual, Part 2: Highway Design.
SIGHT TRIANGLEA triangular-shaped portion of land established at street intersections in which nothing is erected, placed, planted, or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGNAny device, structure, fixture, painting, emblem, or visual image using words, graphics, symbols, numbers, or letters designed and used for the purpose of communicating a message or attracting attention.
(1) ABANDONED SIGNA sign which has not identified or advertised an existing business, service, owner, product, or activity for a period of at least 365 days, and/or for which no legal owner can be found.
(2) ANIMATED SIGNA sign depicting action, motion, light, or color changes through electrical or mechanical means. Although technologically similar to flashing signs, the animated sign emphasizes graphics and artistic display.
(3) CHANGEABLE-COPY SIGNA sign or portion thereof on which the copy or symbols change either automatically through electrical or electronic means, or manually through placement of letters or symbols on a panel mounted in or on a track system. Four primary types of changeable-copy signs are manual changeable copy signs, message center signs, digital displays, and trivision boards.
(4) DIRECTIONAL SIGNSigns designed to provide direction to pedestrian and vehicular traffic within a site.
(5) DOUBLE-FACED SIGNA freestanding sign with two identical faces of the same size which are back-to-back, and not more than 45° apart. (Also known as a "multisided sign.")
(6) FREESTANDING SIGNA sign supported by structures or supports that are placed on, or anchored in, the ground, and that are independent from any building or structure. The following are subtypes of freestanding signs:
(a) GROUND SIGNA sign permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building. (Also known as a "monument sign.")
(b) POLE SIGNA freestanding sign that is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or a base structure.
(7) GOVERNMENTAL/REGULATORY SIGNAny sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs and signs of public service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties.
(8) ILLUMINATED SIGNA sign with electrical equipment installed for illumination, either internally illuminated through its sign face by a light source contained inside the sign or externally illuminated by reflection of a light source aimed at its surface.
(9) INCIDENTAL SIGNA sign of a public service nature, such as signs identifying parking lots, telephones, restrooms, loading docks, religious institutions, and similar services. These signs shall not contain any commercial advertising.
(10) INCIDENTAL WINDOW SIGNSigns displayed in the window indicating information such as the business's hours of operation, credit institutions accepted, commercial and civic affiliations, and similar information. These signs shall be informational only and shall not contain any commercial advertising.
(11) INTERACTIVE SIGNAn electronic or animated sign that reacts to the behavior or electronic signals of drivers.
(12) MANUAL CHANGEABLE COPY SIGNA sign or portion thereof on which the copy or symbols are changed manually through placement or drawing of letters or symbols on a sign panel.
(13) MECHANICAL MOVEMENT SIGNA sign having parts that physically move rather than merely appear to move as might be found in a digital display. The physical movement may be activated electronically or from another power source, but shall not include wind-activated movement such as used for banners or flags. Mechanical movement signs do not include digital signs that have changeable, programmable displays.
(14) MESSAGE CENTER SIGNA type of illuminated, changeable copy sign that consists of electronically changing alphanumeric text often used for gas price display signs and athletic scoreboards. A message center sign must be integrated into a freestanding (pole or ground) sign.
(15) OFF-PREMISES SIGNAn outdoor sign whose message directs attention to a specific business, product, service, event or activity, or other commercial or noncommercial activity, or contains a noncommercial message about something that is not sold, produced, manufactured, furnished, or conducted on the premises upon which the sign is located. (Also known as a "third-party sign," a "billboard," or "outdoor advertising.")
(16) ON-PREMISES SIGNA sign whose message and design relates to an individual business, profession, product, service, event, point of view, or other commercial or noncommercial activity sold, offered, or conducted on the same property where the sign is located.
(17) PERMANENT SIGNA sign attached to a building, window, or structure, or to the ground in a manner that enables the sign to resist environmental loads, such as wind, and that precludes ready removal or movement of the sign and whose intended use appears to be indefinite.
(19) SANDWICH BOARD OR A-FRAME SIGNA type of freestanding, portable, temporary sign consisting of two faces and taken down at the end of each day. Sandwich board and A-frame signs are typically used to advertise dining, entertainment, or sales. Such a sign must be located on the premises of the business it advertises.
(20) VEHICULAR SIGNA sign affixed to a vehicle in such a manner that the sign is used primarily as a stationary advertisement for the business on which the vehicle sites or is otherwise not incidental to the vehicle's primary purpose.
(21) PROJECTING SIGNA building-mounted sign with the faces generally perpendicular to the building fascia, not to include signs located on a canopy, awning, or marquee. (Also known as a "blade sign.")
(22) SECURITY SIGNAn on-premises sign regulating the use of the premises, such as a "no trespassing," "no hunting," or "no soliciting" sign. (Also known as a "warning sign.")
(23) SNIPE SIGNA temporary or permanent sign tacked, nailed, posted, pasted, glued, or otherwise attached to trees, poles, stakes, fences, public benches, streetlights, or other objects, or placed on any public property or in the public right-of-way. (Also known as a "bandit sign.")
(24) TEMPORARY SIGNAny sign which is not permanently affixed to land or to any surface or improvement.
(25) WALL SIGNA building-mounted sign which is either attached to, displayed on, or painted on an exterior wall in a manner parallel with the wall surface. A sign installed on a false or mansard roof is also considered a wall sign. (Also known as "fascia sign," "parallel wall sign," or "band sign.")
(26) WINDOW SIGNAny sign that is applied, painted, or affixed to a window, or placed inside a window within three feet of the glass, facing the outside of the building, and easily seen from the outside. Customary displays of merchandise or objects and material without lettering behind a store window are not considered signs.
SIGN AREAThe total dimensions of a sign surface used to display information, messages, advertising, logos, or symbols.
SIGN COPYThe words and/or message displayed on a sign.
SIGN FACEThe part of the sign that is or can be used for the sign area. The sign area could be smaller than the sign face.
SMOKE SHOPA retail sales or wholesale establishment primarily engaged or marketed as selling tobacco, tobacco products/accessories, and/or vaping products and accessories. A retail business that maintains 25% or more of its total merchandise as tobacco, tobacco products/accessories, and/or vaping products or accessories shall be considered a smoke shop for the purposes of this chapter. For the purposes of this chapter, a retail or wholesale establishment that holds itself out as, or otherwise promotes or markets itself as, a "tobacco store," a "smoke shop," a "vape shop," a "cigar shop" or a similar establishment, shall also be considered a smoke shop for the purposes of this chapter. Examples of vaping products and accessories referred to in this chapter include, without limitation, e-cigarette or vape cartridges or refills, vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes, e-cigarettes, e-cigs, e-pipes, and any other electronic nicotine delivery system ("ends"). Ends shall be deemed noncombustible tobacco products. Tobacco products and accessories as referred to in this chapter shall include, without limitation, any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco or dipping tobacco, matches, lighters, grinders, hookahs, pipes, chewing tobacco, cigarette rolling machines or papers, ashtrays, pipe tools, pipe supplies and pipe accessories. See also "age-regulated use."
SOLAR ENERGY EQUIPMENTElectrical material, hardware, inverters, conduit, energy storage devices, or other electrical and photovoltaic equipment associated with the production and storage of electricity.
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA solar energy system which is secured to the ground via a pole, ballast system, or other mounting system; is detached from any other structure; and which generates electricity for on-site or off-site consumption.
SOLAR ENERGY SYSTEM, ROOF-MOUNTEDA solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.
SOLAR PANELA photovoltaic device capable of collecting and converting solar energy into electricity.
SPECIAL EXCEPTIONA use which may be granted or denied pursuant to express standards or criteria by the Zoning Hearing Board in accordance with Article
XXI hereof where provisions therefore are made by the terms of this chapter. In granting a special exception, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter.
SPECIAL FLOOD HAZARD AREA (SFHA)An area having special flood, mudflow or flood-related erosion hazards and shown on a Flood Hazard Boundary Map (FHBM) or a Flood Insurance Rate Map (FIRM) Zone A, AO, A1-A30, AE, A99, AH, AR, AR/A, AR/AE, AR/AH, AR/AO, AR/A1-A30, V1-V30, VE or V. The SFHA is the area where the National Flood Insurance Program's (NFIP's) floodplain management regulations must be enforced and the area where the mandatory purchase of flood insurance applies. For the purpose of determining Community Rating System (CRS) premium discounts, all AR and A99 zones are treated as non-SFHAs.
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, flagpoles and light poles.
STORYThat part of any building comprised between any floor and the floor or roof next above. The "first story" of a wall is the lowest story which is 75% or more above the average level of the ground adjacent to said wall.
STREAMERSA display made of lightweight, flexible materials, consisting of long, narrow, wavy strips hung individually or in a series, with or without a logo or advertising message printed or painted on them and typically designed to move in the wind.
STREETIncludes streets, avenues, boulevards, roads, highways, freeways, parkways, lanes, alleys, viaducts and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.
STREET FRONTAGEThe linear edge of a lot adjacent to the lot line abutting a street or public right-of-way. (Also known as "lot frontage.")
STREET LINEThe dividing line between a lot and the outside boundary or legal right-of-way, road or highway legally opened or officially approved, or between a lot and a privately owned street, road or way over which the owners or tenants of two or more lots each held in single and separate ownership have the right-of-way.
STREET RIGHT-OF-WAYLand opened for use as a street, municipally or privately owned, serving as a means of vehicular and pedestrian travel, with space for sewers, public utilities and sidewalks. As a minimum, the legal right-of-way on each side of a street or highway shall be a parallel line not less than 25 feet from the center of a street or highway.
STREET ULTIMATE RIGHT-OF-WAYThe expected future street right-of-way width computed from the center line of an established street right-of-way, as identified in the Borough Land Development and Subdivision Regulations, but in no event less than the minimum width established by the street right-of-way.
STRUCTUREAny form or arrangement of building materials, excluding fences, involving the necessity of providing proper support, bracing, tying, anchoring or other protection against the forces of the elements, whether or not affixed to the land.
SUBDIVISIONThe division or redivision of a single lot, tract, or parcel of lands by any means into two or more lots, tracts, or parcels of land, including changes in street lines or lot lines for any purpose, whether immediate or future, including, but not limited to, the transfer of ownership or building or lot development; provided, however, that divisions by lease of land for agricultural parcels of more than 10 acres, not involving any new streets or easements of access or any residential dwelling, shall be exempted.
SUBSTANTIALLY CHANGED(1) Any increase in the height of a wireless support structure by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed wireless communications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas; or
(2) Any further increase in the height of a wireless support structure which has already been extended by more than 10% of its originally approved height or by the height of one additional antenna array.
SUBSTANTIALLY IMPROVED BUILDINGAny repair reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the 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. The term does not, however, include either: 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 ensure safe living conditions; or any alteration of a structure listed on the National Register of Historic Places or the Pennsylvania Inventory of Historic Places.
SWIMMING POOLAny permanent or temporary structure used for swimming or bathing which has a depth in any part of 18 inches or more. A residential swimming pool is any swimming pool which is constructed on the same lot with and used in conjunction with a dwelling and which is available only to the occupants of the dwelling and their private guests.
TATTOO PARLOR/BODY PIERCING STUDIOAn establishment whose business includes the practice of one or more of the following:
(1) Placement of designs, letters, figures, symbols or colors upon or under the skin of a person, using ink or other substances that result in the permanent coloration of the skin by the use of instruments designed to contact or puncture the skin;
(2) Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
TELECOMMUNICATION FACILITYA facility designed and used for the purpose of transmitting, receiving, and relaying voice and data signals from various wireless communications devices, including transmission towers, antennas and ancillary facilities. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio broadcasts are not telecommunications facilities.
TELECOMMUNICATIONS OR TRANSMISSION TOWERThe monopole or lattice framework designed to support transmitting and receiving antennas. For purposes of this section, amateur radio transmission facilities and facilities used exclusively for the transmission of television and radio signals are not transmission towers.
TENUREThe form of occupancy of a unit, i.e., fee simple sale, rental, condominium, cooperative, etc.
TOTAL FLOOR AREAThe maximum horizontal floor area of all floors within a building using outside dimensions of each floor, excepting therefrom cornices, chimneys, bay windows not extending more than five feet, one-story open porches, steps, balconies and floor openings above the first floor to the roof such as an atrium or open court.
TRAVEL TRAILERA recreational vehicle requiring a separate power source for pulling it, which may include living, sleeping and sanitary facilities, but which is designed for vacation travel and not for long-term permanent occupancy.
TREATMENT CENTERA facility providing health services to primarily inpatients, including services for health maintenance, diagnosis, treatment of or rehabilitation from human diseases, injury, or physical condition. Includes the use of residential treatment facility.
TRUCKAny motor vehicle designed or used for commercial purposes, including, but not limited to, freight, goods or merchandise.
USEThe use of land or a building or structure on a lot. Uses are classified, defined, and regulated by Article
IV, Use Regulations.
USE, ACCESSORYA use subordinate to the principal use of land or a building or other structure on a lot and customarily incidental thereto.
USE, PRINCIPALThe primary use of a building or structure permitted and intended for a given lot, parcel, or premises.
UTILITY POLEAn existing or replacement pole or similar structure that is used in whole or in part to carry or to provide lateral support to electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting or support for traffic control devices. Such term shall not include structures supporting only wireless facilities.
VARIANCERelief which may be granted or denied by the Zoning Hearing Board in accordance with Article
XXI hereof constituting a modification of, or deviation from, the exact provisions of this chapter as applied to a specific piece of property where it is alleged that the provisions of this Zoning Chapter inflict unnecessary hardship upon the applicant. In granting a variance, the Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Zoning Chapter.
WIRELESSTransmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS COMMUNICATION SERVICES (WTS)The provision of wireless communication services, including those more commonly referred to as "cellular phones" which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(c), or as amended.
WIRELESS COMMUNICATIONS FACILITYThe antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS COMMUNICATIONS FACILITY APPLICANTAny person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way or other Borough-owned land or property.
WIRELESS COMMUNICATIONS FACILITY, NON-TOWERAll non-tower wireless communications facilities, including, but not limited to, antennas and related equipment, and those involving replacement of existing Borough or third-party utility structures, provided that the original function of the utility structure continues to be served following replacement. Non-tower wireless communications facilities shall not include support structures for antennas and related equipment.
WIRELESS COMMUNICATIONS FACILITY, TOWER-BASEDAny structure that is initially constructed for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and utility poles and light poles. DAS hub facilities are considered to be tower-based wireless communications facilities
WIRELESS FACILITY, SMALLA wireless communications facility that meets each of the following conditions:
(1) The structure on which antenna facilities are mounted:
(a) Is 50 feet or less in height; or
(b) Is no more than 10% taller than other adjacent structures; or
(c) Is not extended to a height of more than 10% above its preexisting height as a result of the co-location of new antenna facilities; and
(d) Each antenna (excluding associated antenna equipment) is cumulatively no more than three cubic feet in volume; and
(2) All antenna equipment associated with the facility (excluding antennas) is cumulatively no more than 28 cubic feet in volume; and
(3) The facility does not require antenna structure registration under 47 CFR Part 17; and
(4) The facility is not located on tribal lands, as defined under 36 CFR 800.16(x); and
(5) The facility does not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Borough.
YARDThe required open, unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky except for cornices, eaves, gutters or chimneys projecting not more than two feet, uncovered steps and ramps, fences and walls, and accessory buildings or structures as may be otherwise permitted.