Upper Providence Township
City Zoning Code
City Zoning Code
CHAPTER 1252
General Definitions
1252.01 Application and interpretation.
[Ord. No. 321, passed 12-10-1998]
A.
It is not intended that this glossary include only words used or referred to in this Ordinance. The words are included in order to facilitate the interpretation of this Ordinance for administrative purposes and to facilitate the carrying out of duties by appropriate officers and by the Zoning Hearing Board.
B.
Unless otherwise expressly stated, words and terms used herein shall, for the purpose of this Ordinance, be interpreted as follows:
1.
Words used in the present tense include the future tense.
2.
The singular includes the plural.
3.
The words "used" or "occupied," as applied to any land or building, include the words "intended, arranged or designed to be used or occupied."
4.
The word "person" includes an individual, firm, partnership, corporation, company, association, or government entity, including a trustee, a receiver, an assignee or a similar representative.
5.
The word "lot" includes "plot" or "parcel".
6.
The term "shall" is always mandatory.
7.
The word "Council" and the words "Township Council" always mean the Upper Providence Township Council.
8.
The word "Commission" and the words "Planning Commission" always mean the Upper Providence Township Planning Commission.
9.
The word "Board" and the words "Zoning Hearing Board" always mean the Upper Providence Township Zoning Hearing Board.
10.
The term "Zoning Officer" always means the Upper Providence Township Zoning Officer.
C.
If a word is not defined in this Ordinance but is defined in the Township Subdivision and Land Development Ordinance, as amended, the definition in that Ordinance shall apply. If a word is defined in both this Ordinance and another Township Ordinance, each definition shall apply to the provisions of each applicable Ordinance.
D.
Any word or term not defined in this Ordinance or the Township Subdivision and Land Development Ordinance, as amended, shall be used with the meaning of standard usage within the context of the section.
E.
This Township will consider any use that satisfies substantially most, but not all, of the minimum requirements of a particular use defined by this ordinance as such use, requiring the owner to meet the minimum requirements of that use. Additionally, noncompliance with the minimum requirements of a particular use shall not create a new use. failure to construct a structure or use in strict conformity with the definitions of this Title shall not relieve the owner of the responsibility to comply with the other regulations of this Title. Example: a dwelling unit which is missing an element of the definition of dwelling unit shall be required both to conform to the use regulations of this Part and to also provide the missing element should the use be permitted under these regulations.
[Added 10-13-2022 by Ord. No. 540]
1252.02 Terms defined.
[Ord. No. 321, passed 12-10-1998; Ord. No. 358, passed 9-12-2002; Ord. No. 388, passed 10-28-2004; Ord. No. 402, passed 10-11-2005; Ord. No. 406, passed 1-12-2006; Ord. No. 413, passed 7-13-2006; amended 10-12-2017 by Ord. No. 508; 10-11-2018 by Ord. No. 520; 12-19-2022 by Ord. No. 542; 4-27-2023 by Ord. No. 547; 6-8-2023 by Ord. No. 548; 8-27-2024 by Ord. No. 555]
For the purposes of this Ordinance, the following words, terms and phrases shall have the meanings herein indicated:
A structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building.
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
A device used to collect and/or transmit telecommunications or radio signals, including panels, microwave dishes, and single poles known as "whips."
See Use B6 "Multi-Household Dwelling/Apartment" under Chapter 1256, "Use Regulations and Standards."
See "building area," "FLOOR AREA," "LOT AREA."
That part of a building that is immediately below and wholly or partly within the roof framing, used primarily for storage and not for habitation. (See also, "story" and "story, half.")
A basement is a space having 1/2 or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6.5 feet. A basement shall be counted as a story for the purposes of height measurement or the determination of square footage or floor area. (See also, "cellar.")
A person, except family, occupying any room or group of rooms forming a single, habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes, and paying compensation for lodging or board and lodging by prearrangement for two weeks or more at a time to an owner or operator. Any person occupying such room or rooms and paying such compensation without prearrangement for less than two weeks at a time shall be classified for purposes of this Ordinance not as a roomer, boarder or lodger but as a guest of a commercial lodging establishment (motel, hotel, inn) or bed and breakfast establishment.
Landscaped areas, fences, walls, berms, or any combination thereof used to physically separate and/or screen one use or property from another so as to visually shield or block noise, lights, or other nuisances.
Any structure having a roof supported by walls and intended for the shelter, housing, or enclosure of persons, animals, or property of any kind.
The total of areas taken on a horizontal plane at the grade level of the principal building and all accessory buildings, including uncovered and covered porches, terraces, decks and patios.
The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations and minimum yard requirements.
A building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
That line that is the required minimum distance from any street right-of-way and/or lot line that establishes the area within which the principal structure must be erected or placed. The front building setback distance shall be measured from the street right-of-way line if one abuts the property; however. In the case of a flag lot, the front building setback line shall be at a distance measured from and parallel to a line indicating where lot width first coincides with the required minimum lot width for the zoning district.
A cellar is a space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6.5 feet. A cellar is not counted as a story for the purposes of height measurement or the determination of square footage or floor area unless the cellar is used for dwelling, office or business purposes. (See also, "basement.")
See Use H3 under Chapter 1256, "Use Regulations and Standards."
Activity involving the sale of goods or services carried out for profit.
A building in which electronic receiving, relay, or transmitting equipment for a Commercial Communications Facility is housed.
A structure that is intended to support equipment used to transmit and/or receive telecommunications or radio signals, including monopoles and lattice construction steel structures.
See Use B9 "Group Home" under Chapter 1256, "Use Regulations and Standards."
A form of ownership of real property, including an undivided interest in a portion of a parcel together with a separate interest in a space within a structure, and which is subject to the provisions of the Pennsylvania Uniform Condominium Act of 1980.
An extract or stimulant that is produced from a naturally occurring cannabinoid found in small traces in hemp and cannabis (marijuana) plants, and includes, but is not limited to, any food product, dietary supplement, or smoke or vape product containing such an extract or stimulant. Concentrated amounts of Delta-8 THC are typically manufactured from hemp-derived cannabidiol (CBD).
A measure of the number of dwelling units per unit of land, as expressed in dwelling units per acre and excluding any area within an existing or designated future street right-of-way, and in the case of a flag lot, the area of the access lane.
A private vehicular way providing access to a street or highway.
A structure or portion thereof that is used exclusively for nontransient human habitation.
See individual dwelling types under Chapter 1256, "Use Regulations and Standards."
One or more rooms, designed, occupied, or intended for occupancy as a separate living quarter, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a person or persons maintaining a household.
A grant of one or more property rights by a property owner to and/or for the use by the public, a corporation, and other person or entity.
An electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substance and the use or inhalation of which simulates smoking.
The term includes a device as described in Subsection A, notwithstanding whether the device is manufactured, distributed, marketed or sold as an e-cigarette, e-cigar and e-pipe or under any other product, name or description.
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.
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.
One person, or two or more persons related by blood, foster relationship, marriage or adoption, and in addition, any domestic servants; or a group of not more than three persons who need not be so related, and in addition, domestic servants who are living together in a single, non-profit dwelling unit and maintaining a common household with single cooking facilities. A group home for mentally and/or physically disabled individuals will be considered a family provided the residence meets all federal and state regulations for such facilities. A boarder, roomer or lodger shall not be considered a member of the family.
An unobstructed paved or improved surface area clearly defined by pavement markings and signs, at least 12 feet wide and designed to provide access for fire-fighting equipment.
See "LOT, FLAG."
See Chapter 1270 for definition of this and other related terms.
The sum of the gross horizontal areas of the several floors of a building from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet.
A quantitative unit of measure referring to the measurement of illumination incident at a single point. One footcandle is equal to one lumen uniformly distributed over an area of one square foot.
See Use B9 "Group Home" under Chapter 1256, "Use Regulations and Standards".
The vertical distance measured from the average elevation of the finished grade surrounding the structure to the highest point of the structure. (See Exceptions under Chapter 1258.)
That percentage of the lot area covered by impervious surface.
A surface that prevents the infiltration of water into the ground. Impervious surface includes but is not limited to, any roof, parking or driveway areas and any sidewalks. Any surface area designated to initially be gravel or crushed stone shall be considered to be impervious surface. Surfaces that are comprised of pervious pavers shall be considered as impervious surfaces.
A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, or government owned or operated building, structure, or land used for public purpose.
An extract or stimulant that is produced from the leaves of an evergreen tree (Mitragyna speciosa) native to Southeast Asia, which contains mitragynine and/or 7-hydroxvmitragynine, including, but not limited to, any food product or dietary supplement containing such an extract or stimulant.
Any of the following activities.
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;
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving: | |
(1) | A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or |
(2) | The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; |
A subdivision of land; or | |
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code. | |
See "BOARDER."
A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law and to be used, developed, or built upon as a unit having only one principal use.
A lot situated at the intersection of two streets, with the interior angle intersection not exceeding 135°. The yards extending along all streets are front yards.
A lot having a configuration such that its buildable portion is behind other lots fronting directly onto a public street and to which access is provided by a lane with a minimum width of 35 feet.
A lot other than a corner lot.
The area contained within the property lines of the individual parcels of land as shown on a subdivision plan, land development plan or building plan after deducting the following:
Feature | Percent of area deduction |
|---|---|
Easements for stormwater management | 100% |
Rights-of-way | 100% |
Surface water | 100% |
Wetlands | 100% |
Riparian buffers | 100% |
Wetland buffers | 50% |
Shallow ground water soils | 50% |
The average distance measured from the front lot line to its opposite rear lot line.
That portion of a lot abutting a street right-of-way line.
The distance measured between the side lot lines at the required building setback line. In no case shall the distance measured between the side lot lines be less than 35 feet at the street right-of-way line.
Any boundary line of a lot.
A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
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.
A parcel of land in a mobile/manufactured home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile/manufactured home which is leased by the mobile/manufactured home park owner to the owner or occupants of the mobile/manufactured home erected on the lot.
See Use B7 under Chapter 1256, "Use Regulations and Standards".
A 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. The business or commercial activity must satisfy the following requirements:
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
The business shall employ no employees other than family members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors of electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage discharge in volume or typed which is not normally associated with residential use in the neighborhood.
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
See "Nonconforming Lot,", "Nonconforming Structure," "Nonconforming Use" under Chapter 1278.
Any area of land or water principally used for open space purposes and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, and may include such complementary structures and improvements as are necessary and appropriate.
The map or plan for a subdivision or land development, whether preliminary or final.
A lot, parcel, tract, or plot of land together with any buildings and structures thereon.
A formal meeting held pursuant to public notice by the Township Council or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance.
A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
A strip of land occupied or intended to be occupied by a street, cross-walk, railroad, electric transmission line, telephone line, oil or gas pipeline, water main, sanitary or storm sewer main, including the surface and air space above the surface and the area below the surface.
Those areas along watercourses, ponds, and other water bodies so designated for the preservation or regeneration of natural vegetation for the protection of surface water resources. A riparian buffer is comprised of the area measured within 100 feet of the annual mean high water edge (top of bank) or to the limit of the 100-year floodplain, whichever distance is greater.
See "boarder."
See "building setback line."
Those soils in which the groundwater surface is 18 inches or less from the ground surface at certain times of the year as specified by the USDA, NRCS "Soil Survey" or as determined by field investigation. These soils include but may not be limited to the Chewacla Series (Ch), Conowingo Series (Co), Glenville Series (Gn,Gs), Wahadkee Series (We) and Worsham Services (Wo, Ws).
See Chapter 1276.
See "TRACT."
That portion of a building included between the surface of a floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it. (See also, "attic," "basement," "cellar," and "story, half.")
A space under a sloping roof in which the possible floor area with head room of five feet or less occupies at least 40% of the total floor area of the story directly beneath. (See also, "attic.")
A public (dedicated and accepted) or private (nonpublic) right-of-way intended or used as a means of vehicular and pedestrian circulation. The word "street" includes, but is not limited to, the word "road," "highway," "thoroughfare," and "way."
The legal boundary of a public or private right-of-way that contains a vehicular cartway and which may contain a pedestrian way or ways.
A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
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.
Any earth surface covered permanently or seasonally by standing or moving water, including waters of the Commonwealth, Waters of the US, streams, lakes and ponds.
Any substance containing tobacco leaf or accessory items used with or for tobacco consumption, including, but not limited to, cigarettes, cigars, pipe tobacco, shisha, snuff, chewing tobacco, dipping tobacco, other noncombustible tobacco products, matches, lighters, grinders, hookahs, pipes, cigarette rolling machines or papers, ashtrays, pipe tools, pipe supplies, and pipe accessories.
An area, parcel, site, piece of land, or property that is the subject of a development application.
Cannabinoids that are not specifically regulated or controlled under existing laws of the United States or Commonwealth of Pennsylvania, including, but not limited to Delta-8 THC, Delta-10 THC, and Delta-11 THC.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
The primary or predominant use of any lot or parcel.
Products containing nicotine and/or nicotine flavoring or other unregulated cannabinoid substances, including, but not limited to Delta-8 THC, that are inhaled from a device designed for such purpose and/or products used to assist with the inhalation of nicotine, including, but not limited to, any device designed or used to transform an e-liquid (that may contain nicotine) into an aerosol that the user inhales, e-liquids, e-cigarettes, vape or e-cigarette cartridges or refills, vaporizers, vape pens, vapor products, hookah pens, electronic cigarettes, electronic nicotine delivery systems (ENDS) or ENDS-related products and/or any materials that can be used in ENDS. Vape products shall also be deemed a noncombustible tobacco product.
Relief granted from the literal requirements of a zoning ordinance, pursuant to the provisions of Chapter 1282.
Those areas adjacent to wetlands so designated for the preservation or regeneration of natural vegetation for the protection of surface water and ground water resources. A wetland buffer is comprised of the area measured within 50 feet of the jurisdictionally determined wetlands line.
Wetlands are transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this classification wetlands must have one or more of the following three attributes:
An open area that lies between the principal building or buildings and the nearest lot or street right-of-way line. The minimum required yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in this Ordinance.
A yard between a building and a street right-of-way line and extending the entire width of the lot. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
A yard between a structure and a rear lot line and extending the entire length of the rear lot line. In the case of a corner lot, there shall be one rear yard; any additional yards shall be side yards.
A yard between a structure and a side lot line, extending from the front yard to the rear yard. Any yard that is not a front yard or a rear yard shall be considered a side yard. In the case of a corner lot, there shall be one rear yard; any additional yards shall be side yards.