West Norriton Township
City Zoning Code
City Zoning Code
PART 20
DEFINITIONS, REMEDIES, PENALTIES
§ 27-2001 Definition of Terms.
[Ord. 524, 12/31/1991; as amended by Ord. 545, 4/8/1996, § 1; by Ord. 547, 5/13/1996, § XVI; by Ord. 549, 9/9/1996, § 1; by Ord. 584, 9/7/1999, § 2; by Ord. 07-613, 3/13/2007, § 2; by Ord. 07-617, 9/11/2007; by Ord. 09-640, 5/12/2009; by Ord. No. 2015-691, 3/10/2015; by Ord. 2015-696, 10/13/2015; by Ord. No. 2018-723, 10/9/2018; by Ord. 2018-725, 10/9/2018; by Ord. No. 2023-763, 4/11/2023; by Ord. No. 2023-765, 12/12/2023]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this Chapter 27 to have the meanings herein indicated. The word "used" shall include the words "arranged," "designed," or "intended to be used." The word "building" shall include the word "structure."
Having boundaries or lot lines in common.
A building subordinate to the main building on a lot and used for purposes customarily incidental to those of the main building.
A use subordinate to the main use of land or of a building on a lot and customarily incidental thereto.
An establishment, having as a substantial or significant portion of its stock-in-trade (for sale or rental), books, magazine and other materials which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," as defined herein.
Any adult bookstore, adult cabaret or adult mini-motion-picture theater, as defined herein, and which, under the State Obscenity Act, 18 Pa. C.S.A. § 5903 must exclude minors or may not knowingly disseminate to minors.
A cabaret, tavern, theater or club which features strippers, male or female impersonators or similar entertainers who exhibit, display or engage in nudity, sexual conduct or sadomasochistic abuse, as defined by the State Obscenity Act, 18 Pa. C.S.A. § 5903.
An enclosed building offering video presentations distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons within private viewing booths and/or by use of token or coin-operated projectors or other video machines.
Any business, indoor or outdoor, which exhibits a motion picture show or other presentation which, in whole or in part, depicts nudity, sexual conduct, or sadomasochistic abuse as defined in the State Obscenity Act, 18 Pa. C.S.A. § 5903.
Telecommunications equipment that transmits and receives electromagnetic radio signals used in the provision of all types of wireless telecommunications services.
Two or more rooms of which one shall be an adequately equipped private bathroom excepting in the case of a housekeeping apartment, which shall consist of three or more rooms of which one shall be an adequately equipped private bathroom and another an adequately equipped private kitchen, the rooms being designed for and occupied exclusively as a residence for only one family.
A single building designed for and occupied exclusively as a residence for three or more families, living independently of one another. A basement in an apartment house shall not contain habitable rooms except janitor's living quarters.
A landowner or developer, as hereinafter defined, who has filed an application for development, including his heirs, successors and assigns.
A station at a specified site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies, and other associated electronics.
Any body granted jurisdiction under a land use ordinance or under this chapter to render final adjudications.
A hotel, as defined herein, with a maximum of 40 guest rooms.
The aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves, and gutters, of all buildings on a lot.
The line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.
The placement or installation of new wireless telecommunications facilities on previously approved and constructed wireless support structures, including self-supporting or guyed monopoles and towers, electrical transmission towers, water towers, or any other structure not classified as a wireless support structure that can support the placement or installation of wireless telecommunications facilities if approved by the Township. The term includes the placement, replacement, or modification of accessory equipment within a previously approved equipment compound.
Any area of land and/or water designed for joint use providing conservation of natural features and recreational enjoyment of tenants and/or owners occupying a development and/or residents of the Township, excluding common parking areas, roadways, storage buildings and similar facilities not primarily intended for recreational benefit. The "common open space" shall be essentially free of buildings.
A use permitted in a particular zoning district subject to specific standards which may be approved or denied by the Board of Commissioners following recommendations by the Township Planning Commission.
Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR (relating to consumer practices) or any successor regulation and which complies with the provisions for consumer fireworks, as defined in the American Pyrotechnics Association (APA) Standard 87-1, including but not limited to Sections *3.1 and *3.5, or any successor standard. The term does not include devices such as ground and handheld sparkling devices, as defined in APA Standard 87-1, Section *3.1.1, novelties, as defined in APA Standard 87-1, Section *3.2, or toy caps, as defined in APA Standard 87-1, Section *3.3.
An open space substantially enclosed on all sides by the walls of a building.
An open space partly enclosed by the walls of a building.
Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the court of common pleas of the county and judicial district wherein the Township lies.
Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
The Board of Commissioners;
The Zoning Hearing Board; or
The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the subdivision and land development or planned residential development ordinances. Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or land development.
Defined as more fully set forth in 27 CFR 555.11 (Meaning of terms), which is incorporated herein by reference, which meet the types of display fireworks devices set forth in the APA Standard 87-1, Section *4.1, which comply with requirements for display fireworks set forth in APA Standard 87-1.
A network of spatially separated antenna nodes connected to a common source via transport medium that provides wireless service within a geographic area or structure.
A building or part of a building constructed for or intended for occupancy as a permanent residence, containing one or more dwelling units. Housing facilities for rental to transient guests or which are part of a medical, instructional or religious institution, such as hotels and motels, rooming houses, tourist homes, institutional homes, hospitals or residential clubs, are excluded from the definition of "dwelling." For purposes of this chapter, dwelling types include the following, not considering ownership or leasing arrangements:
SINGLE-FAMILYA building on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building, on a lot, designed and occupied exclusively as a residence for two families, with one family living wholly or partly over the other.
MULTIPLEA building, on a lot, designed and occupied exclusively as a residence for three or more families.
An assemblage of equipment for purposes other than generation or utilization, through which electric or gas energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric or gas substation shall not include rotating equipment, storage of materials, trucks or repair facilities, or housing of repair crews.
Any use or facility for which primary reliance is placed upon computers, broadcasting or other advances in electronic technology in order to communicate the written or spoken word.
A condition that:
An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.
Any number of individuals living in a single, nonprofit housekeeping unit and doing their cooking on the premises, when said individuals are related by blood, marriage or adoption; or no more than four unrelated individuals living together as a single nonprofit housekeeping unit and doing their cooking on the premises. A "group home," or a "sober living home," as these terms are defined herein, shall be considered a "family." This term specifically excludes individuals and groups occupying: a boardinghouse or rooming house; a lodging house; a club; a group home, except as defined herein; a fraternity; a hotel; or a similar living environment.
Any building used for storing agricultural equipment or farm produce, housing livestock or poultry, and processing dairy products. The term "farm building" shall not include dwellings.
Federal Communications Commission.
Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth in the 2003 International Fire Code, including, but not limited to, those compositions or devices as defined in APA Standard 87-1.
A residential facility used as living quarters by four or more unrelated individuals, each of whom is handicapped within the meaning of the Fair Housing Act, 42 U.S.C. § 3601 et seq., living together, long-term, as a single, nontransient housekeeping unit, with such nonresident staff as may be needed to assist the residents with their daily life activities. To be considered a single, nontransient housekeeping unit, all residents must have common use of and access to all living areas, eating areas, bathrooms and food preparation and serving areas. A "group home" constitutes a "family," as defined herein. The maximum number of residents for a "group home," as defined herein, shall not exceed the maximum number of occupants as set forth by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building. This definition shall not include a "sober living home," as separately defined herein.
A building's vertical measurement from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof; provided that chimneys, spires, towers, elevator penthouses, tanks, and similar projections of the building shall not be included in calculating the height. Communication towers and antennae extending more that 15 feet above the highest point of the roof shall be prohibited.
Any 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. On-premises cigar smoking is not included in this term.
A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, and recreation facilities. This use shall include extended-stay or suites-only operation, provided that the maximum stay for guests shall not exceed four consecutive weeks during a period of six months.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
A group or 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
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.
Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
The horizontal distance between the front lot line and rear lot line, measured within the lot boundaries.
A building, use, or structure, other than a shopping center or lifestyle center, composed of a mixture of uses, such that uses from at least two of the three following categories: 1) retail, including restaurants; 2) office; or 3) residential, including hotels are provided.
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which have been so designated and improved that they contain two or more mobile home lots for the plat thereon of mobile homes.
The improvement, upgrade, or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure, or the improvement, upgrade, or expansion of the wireless telecommunications facilities located within an existing equipment compound, if the improvement, upgrade, expansion, or replacement does not substantially change the physical dimensions of the wireless support structure.
A steel flanged or tapered steel pole structure erected on the ground or on top of a structure, to support communications antennas.
An establishment providing transient accommodations with at least 25% of all rooms having direct access to the outside without the necessity of passing through a main lobby of the building.
A body politic and corporate created pursuant to the Act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority Act of 1945."
The National Fire Protection Association Standard 1124, Code for the Manufacture, Transportation, and Storage of Fireworks and Pyrotechnic Articles, 2006 edition, or any subsequent edition.
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.
A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed to comply with the use or extent of use provisions of this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or amendment or prior to the application of this chapter or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment, or prior to the application of this chapter or amendment to its location by reason of annexation.
Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in American Pyrotechnics Association (APA) Standard 87-1, Section *3.2.
A facility, or portion thereof, designed and used for the full time skilled or intermediate nursing care of patients residing on the premises.
An oriel window is a form of bay window which protrudes from the main wall of a building but does not reach to the ground. Supported by corbels, brackets, or similar cantilevers, an oriel window is most commonly found projecting from an upper floor but is also sometimes used on the ground floor.
A dwelling unit with residents requiring supervision and assistance in such matters as dressing, bathing, diet and medication and housekeeping but not requiring hospitalization or skilled nursing care.
An accessory building or part of a main building used for the storage of any number of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. No more than one commercial vehicle or truck may be stored in a private garage.
An original model after which other similar things are patterned.
A building, not a private garage, used for the storage, repair or servicing of motor vehicles of any type or ownership.
Public or private outdoor space where the public is directly or indirectly invited to visit or permitted to congregate. This includes a plaza/square/courtyard or a pocket park.
Includes:
A formal meeting held pursuant to public notice by the Board of Commissioners or Planning Commission, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 Pa.C.S.A. § 701 et seq.
Notice published once each week for two successive weeks in a newspaper of general circulation in the Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.
A dwelling unit containing not more than two persons on a permanent basis not necessarily related by blood or marriage who maintain independent living, including a kitchen, and have available to them protective care and security provided in a residential environment.
The surface of and space above and below any real property in the Township in which the Township has regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skywalks, or any other public place, area, or property under the control of the Township, and any unrestricted public or utility easements established, dedicated, platted, improved, or devoted for utility purposes, but excluding lands other than streets that are owned by the Township. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
Any name, nameplate, banner, billboard, streamer, poster panel, display, illustration, structure or device used for visual communication which is affixed, painted or represented directly or indirectly upon a building or other outdoor surface for the purpose of either identifying or advertising a business, profession, commodity, product or service or for any other purpose; and regardless of what material constructed.
The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is separate and distance from that of any adjoining lot.
A residential facility used by four or more individuals residing together voluntarily or by court requirement to recover from drug, alcohol, and/or substance abuse and that does not include the current illegal use of or addition to a controlled substance as defined in 21 U.S.C. § 802. Such facility must also serve as a transitional environment between rehabilitation facilities and reintegration into such individuals' future lives. This definition shall include sober houses, recovery houses, or sober living environments. This term specifically excludes individuals and groups occupying: a boardinghouse or rooming house; a lodging house; a club; a group home; a fraternity; a hotel; or a similar living environment. The maximum number of residents for a "sober living home," as defined herein, shall not exceed the maximum number of occupants as set forth by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building.
A use permitted in a particular zoning district pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10601 et seq., 10901 et seq.
Camouflaging methods applied to wireless telecommunications 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 antenna painted to match the existing structure, and facilities constructed to resemble trees, shrubs, and light poles.
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct or any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
The dividing line between a lot and the outside boundary of a public street, road, or highway legally open or officially plotted by the Township, or between a lot and a private street, road or way over which the owners or tenants of two or more lots held in single and separate ownership have the right-of-way.
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
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 telecommunications facility may exceed the size limits set forth herein if necessary to avoid interference with existing antennas.
A building and its equipment erected and used for the purposes of facilitating transmission and exchange of telephone or radio-telephone messages between subscribers, and other business of the telephone company; but in residence districts not to include public business facilities, storage of materials, trucking or repair facilities, or housing of repair crews.
A structure, other than a permanent facility with fixed utility connections, which is in use or in place for a period of 20 consecutive calendar days or less and is dedicated to the storage and sale of consumer fireworks and related items. The term includes temporary retail sales stands, tents, canopies, and membrane structures meeting the specifications of NFPA 1124. The term shall not include a facility that is not licensed to sell consumer fireworks under this chapter.
The total acreage within the lot lines, excluding that area continuously covered with water and rights-of-way of existing public roads and rights-of-way or easements of overhead utility lines.
An area zoned as a TC Trailer District for use by trailers of all descriptions.
The percentage of a building facade that is occupied by the transparent glass surface of windows and doors that allows visual permeability into and out of the building.
That floor area which is allocated to a particular tenant's personal use and does not include common corridors, power rooms, elevators, basements and equipment rooms. The usable area is computed by measuring the finished surface of the tenant's side of the common corridor and other permanent walls, to the center of the partitions that separate the adjoining usable areas, and to the inside finished surface of the dominant portion of the permanent outer building walls.
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
A strip separating a sidewalk from the curb consisting of grass, landscaping, street furniture, or decorative paving.
Transmission through the airwaves, including but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.
A freestanding structure, such as a guyed or self-supporting monopole or tower, electrical transmission tower, water tower or other structure not classified as a wireless support structure that could support the placement or installation of wireless telecommunications facilities if approved by the Township.
The set of equipment and network components, including antennas, transmitters, receivers, base stations, cabling, generators, and accessory equipment, used to provide wireless data and telecommunications services. The term shall not include the wireless support structure.
FRONTThe required open space, extending along the street line throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
SIDEThe required open space, extending along the side line of the lot throughout the full depth of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
REARThe required open space, extending along the rear line of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
§ 27-2002 Enforcement Notice.
[Ord. 524, 12/31/1991]
1.
If it appears to the Township that a violation of this chapter has occurred, the Township shall initiate enforcement proceedings by sending an enforcement notice as provided in this section.
2.
The enforcement notice shall be sent to the owner of record of the parcel on which the violation has occurred, to any person who has filed a written request to receive enforcement notices regarding that parcel, and to any other person requested in writing by the owner of record.
3.
An enforcement notice shall state at least the following:
A.
The name of the owner of record and any other person against whom the Township intends to take action.
B.
The location of the property in violation.
C.
The specific violation with a description of the requirements which have not been met, citing in each instance the applicable provisions of this chapter.
D.
The date before which the steps for compliance must be commenced and the date before which the steps must be completed.
E.
That the recipient of the notice has the right to appeal to the Zoning Hearing Board within a period of 10 days.
F.
That failure to comply with the notice within the time specified, unless extended by appeal to the Zoning Hearing Board, constitutes a violation, with possible sanctions clearly described.
§ 27-2003 Causes of Action.
[Ord. 524, 12/31/1991]
In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Commissioners or, with the approval of the Board of Commissioners, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Commissioners. No such action may be maintained until such notice has been given.
§ 27-2004 Enforcement Remedies.
[Ord. 524, 12/31/1991]
1.
Any person, partnership or corporation who or which has violated or permitted the violation of the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.
2.
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
3.
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
4.
District Justices shall have initial jurisdiction over proceedings brought under this section.