Township of Montgomery, PA Definitions

An exhibition of any adult-oriented motion pictures, meaning those distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ADULT MINI MOTION-PICTURE THEATER

A live performance, display or dance of any type which has as a significant or substantial portion of the performance any actual or simulated performance of specified sexual activities or exhibition and viewing of specified anatomical areas, removal of articles of clothing or appearing unclothed, pantomiming, modeling or any other personal services offered to customers.

An enclosed building with a capacity of less than 50 persons which has a principal business purpose of exhibiting, presenting or selling material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

[Added 5-10-1999 by Ord. No. 99-107Z]

ADULT MOTION-PICTURE THEATER

An enclosed building with a capacity of 50 or more persons which has a principal business purpose of exhibiting, presenting or selling material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.

[Added 5-10-1999 by Ord. No. 99-107Z]

ADULT USES

Adults uses shall include, and shall be limited to, the following defined terms: “adult bookstore,” “adult entertainment,” “adult mini motion-picture theater” and “adult motion-picture theater” as defined herein.

[Added 1-28-2002 by Ord. No. 01-140Z]

AGRICULTURE I

Uses limited to the growing of nursery stock, the cultivating and tilling of the soil, and the raising and harvesting of products of the soil.

[Amended 12-17-2007 by Ord. No. 07-226Z]

AGRICULTURE II

Agriculture I uses and normal agricultural operations which shall include the activities, practices, equipment and procedures that farmers adopt, use or engage in the production and preparation for market of poultry, livestock and their products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities and is:

[Added 12-17-2007 by Ord. No. 07-226Z]

Not less than 10 contiguous acres in area; or

AMBULATORY HEALTH CARE CENTER

Less than 10 contiguous acres in area but has an anticipated yearly gross income of at least $10,000.

A facility for examining and treating patients on an outpatient basis. Overnight (hospital) accommodations and twenty-four-hour emergency services shall not be permitted as part of this use. These facilities may include, but are not limited to, outpatient surgery, imaging, medical laboratory, physical therapy, cancer and chemotherapy, narcotic and substance abuse, cardiology, gastrointestinal, primary care, urgent care, dermatology, neurology, women's health, orthopedics and similar type treatment centers.

[Added 9-12-2022 by Ord. No. 22-331Z]

ANIMAL HOSPITAL (VETERINARY HOSPITAL)

A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use. Facilities that breed and/or board animals (i.e., kennels) are not permitted.

[Added 1-28-2002 by Ord. No. 01-140Z]

AUTOMOBILE COURT

A building or a group of two or more detached or semidetached buildings containing rooms or apartments having separate entrances provided directly or closely in connection with automobile parking or storage space servicing such rooms or apartments, which building or group of buildings is designed, intended or used principally for the providing of sleeping accommodations for automobile travelers and other transients and is suitable for occupancy at all seasons of the year; a motel.

BUFFER AREA

A strip of land around the periphery of a site area measured inwardly from the property line of abutting properties or the street line or lines and used for the purpose of insulating the site area and adjacent land area one from the other. The buffer area is to be planted and maintained in shrubs, bushes, trees, grass or other natural ground cover material and contains no parking areas, buildings or structures except a wall or fence which meets Township requirements.

BUILDING

Any structure which has enclosing walls, floor and roof, is permanently affixed to the land, including mobile homes which are properly secured to the ground, and has one or more floors or stories. A "building" shall not include such structures as billboards, signs, fences or structures with interior surfaces not normally accessible to human use, such as gas tanks or similar structure. Notwithstanding the above, for the purposes of Article IV, FP Floodplain Conservation District, of this chapter, a "building" shall be defined to include a gas or liquid storage tank. Buildings are further classified by type of use for which they are constructed, such as an agricultural, commercial, industrial, public, institutional or residential building, or as a combined use building when a mix of the foregoing uses is contained in the same building or as an accessory building.

[Amended 4-23-1984 by Ord. No. 17-021]

BUILDING, ACCESSORY

A building subordinated to the principal building on a lot and used for purposes customarily incidental to those of the principal building.

BUILDING COVERAGE

The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches, breezeways, except that windows, awnings and balconies projecting not more than two feet and steps shall not be included, and the relation of said area on a lot to the total area of the lot on which all buildings are located. For purposes of this chapter, parking structures and garages, and outside areas used for display and retailing purposes, shall be included in the calculation and limitations which govern building coverage and building location.

[Amended 1-28-2002 by Ord. No. 01-140Z; 7-23-2007 by Ord. No. 07-219Z]

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is situated.

BUILDING SETBACK LINE

A line within a lot, so designated on a subdivision or land development plan, between which line and the ultimate right-of-way line of the street on which the lot abuts a building may not be erected.

[Amended 9-13-1982 by Ord. No. 17-018]

BUSINESS SERVICES

Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.

[Added 1-28-2002 by Ord. No. 01-140Z]

CONDITIONAL USE

A form of permitted use, authorized by this chapter, under the jurisdiction of the Board of Supervisors. The Board of Supervisors is empowered to grant permission for conditional uses, consistent with the public interest, in compliance with the standards and procedures established in this chapter in accordance with Article XXI, § 230-156.2, herein, following thorough examination of the proposal and under any reasonable safeguards necessary to implement the purposes and intent of this chapter and to protect the general welfare.

[Added 4-19-1993 by Ord. No. 93-11Z]

CONGREGATE CARE/INDEPENDENT SENIOR LIVING

A long-term housing community (which may include both attached and detached cottages) constructed on a lot of at least four acres, exclusively for persons 62 years of age or older, or persons under 62 years of age (but at least 55 years of age or older) who have needs for congregate care and assistance with living similar to a person 62 years of age or older, which facility may include, without limitation, private suites (each to be occupied by not more than two persons), cottages, common dining facilities, recreational features, special safety and convenience features designed for the needs of the elderly, and services for residents which may include the following: transportation, housekeeping, linen/laundry, and organized social and recreational activities. Such communities may have up to two manager dwelling units which may contain full kitchen facilities.

[Added 3-28-2016 by Ord. No. 15-293Z]

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.

[Added 4-23-1984 by Ord. No. 17-021]

CONVENIENCE COMMERCIAL CENTER

A minor commercial facility generally containing no more than five units and occupying no more than three acres, designed to serve everyday needs of residents in its immediate vicinity and whose commercial goods and hours of operation encourage short stops for specific items rather than extensive shopping trips. Its primary component is a drugstore or a small food and household goods store, but not a supermarket, and the center may contain a few other establishments as well, such as a beauty shop, laundry and dry cleaning establishment or similar facilities.

DAY-CARE FACILITY

Any dwelling or building which provides child-care services. Day-care facilities shall be further differentiated by the following three classifications:

[Added 7-1-1991 by Ord. No. 17-063]

FAMILY DAY-CARE HOMEAny residence other than the child's own home, operated for profit or not-for-profit, in which child day care is provided at any one time to four, five or six children who are not relatives of the resident caregiver.

GROUP DAY-CARE HOMEA facility in which care is provided by a resident caregiver for more than six but fewer than 12 children at any one time, where the child-care areas are being used as a family residence.

DAY-CARE CENTERA facility in which care is provided for seven or more children at any one time, where the child-care areas are not being used as a family residence.

DEVELOPMENT

Any 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.

[Added 4-23-1984 by Ord. No. 17-021]

DISPENSARY

A 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 does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

[Added 9-12-2022 by Ord. No. 22-329Z]

DISPENSARY FACILITY

A building or structure and other appurtenances or improvements where a dispensary dispenses medical marijuana.

[Added 9-12-2022 by Ord. No. 22-329Z]

DWELLING

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, residential clubs, automobile courts or tourist homes and training centers, are excluded from the definition of "dwelling." For purposes of this chapter, dwelling types include the following, not considering ownership or leasing arrangements:

SINGLE-FAMILY DWELLINGA freestanding residential building of one or more dwelling units, which may or may not have common walls or floors; constructed on one lot or adjacent lots; each dwelling unit having direct entrance from the outside and having yard or private open space assigned for the exclusive use of the occupants of the dwelling unit located immediately adjacent to the unit. Single-family dwellings, for purposes of this chapter, are further defined as follows:

SINGLE-FAMILY DETACHEDA building of one dwelling unit constructed on one lot and having yard area on all sides of the dwelling unit.

SINGLE-FAMILY ATTACHEDA building of more than one dwelling unit constructed to be a:

[1]

TOWNHOUSEThree or more dwelling units on one lot or adjacent lots, attached side by side or side to back so that each unit has one or two common walls and at least two exterior walls, with yard area or private open space on at least two sides of each dwelling unit and on three sides of the end units of each building.

[2]

DUPLEXTwo dwelling units on one lot, attached ceiling to floor, with yard area on all sides of the dwelling.

[3]

TWINTwo dwelling units, each dwelling unit on separate adjacent lots, the dwelling units being attached side by side, having one unpierced wall in common and with yard area on at least three sides of the dwelling unit.

PATIO HOMEA single-family detached dwelling unit on a separate lot, which may have no side yard setback on one boundary or, alternatively, no side yard setback on portions of two boundaries and shall have outdoor living space (patios and courts) integrated into the building design.

[Added 4-18-1988 by Ord. No. 17-041]

MULTIFAMILY DWELLINGA freestanding residential building of three or more dwelling units, with common walls and floors; constructed on one lot or adjacent lots; it may or may not have direct entrance from the outside to each dwelling unit; and yard area or open space may be assigned to each dwelling unit for exclusive use or common use. Multiple-family dwellings are further distinguished as:

DWELLING UNITS PER GROSS ACRE (also "density of development")

GARDEN APARTMENTA multifamily dwelling no more than two stories in height from ground level.

DWELLING UNIT

That part of a dwelling designed for use by one family only and containing one or more rooms and facilities for living, including cooking, sleeping, storage of possessions and sanitary needs. Units designed for transient occupancy, such as hotels, motels or tourist homes, or for sleeping and sanitary needs only, such as a club, rooming house, fraternity or institutional home, are not considered as dwelling units for the purpose of this chapter.

The total number of dwelling units which may be constructed per acre of land measured prior to designation of areas for streets, open space or other lands not to be included in building lots, provided that in the case of a lot or tract abutting one or more existing streets, no area of said lot or tract lying within any street line shall be deemed a part of the gross area of the same.

EFFECTIVE DATE OF THIS CHAPTER

The effective date of this chapter is five days after its adoption, except that with respect to the subject matter of any amendment, the effective date of this chapter shall mean the date upon which the particular amendment became or becomes effective (passed November 2, 1959; law November 7, 1959).

ELECTRIC SUBSTATION

Buildings or structures and equipment erected and used for the purpose of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews, such buildings or structures being appropriately planted or screened to blend the installation with the surrounding landscape.

ELECTRONIC SMOKING DEVICE/VAPE STORE

Any retail store that offers for sale or display a product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling smoke, vapor, or aerosol from the product. The term includes, but is not limited to, any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or any other product name or descriptor.

[Added 9-12-2022 by Ord. No. 22-329Z]

FAMILY

Any 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.

[Amended 4-19-1993 by Ord. No. 93-10Z; 9-9-2013 by Ord. No. 13-275Z]

FARM BUILDING

Any structure, other than a dwelling, used for the housing of poultry or livestock or for the storage of equipment, implements or products directly related to agriculture, not to include chicken coops as defined in § 230-149D.

[Amended 6-13-2022 by Ord. No. 22-328Z]

FENCE

A structure that is an artificially constructed barrier of any material or combination of materials erected to enclose, screen, or decorate areas of land. Fences shall not have any building walls, floors or roofs.

[Added 9-21-1992 by Ord. No. 92-3Z]

BOUNDARY FENCEA fence lying parallel to a property line for the purpose of enclosing a parcel of ownership.

DECORATIVE FENCEA fence located in any yard of a parcel which is designed to be aesthetically attractive.

GROWER/PROCESSOR FACILITY

PRIVACY FENCEA fence located within the building envelope of a residentially zoned parcel which is intended to block from view portions of a lot for outdoor living areas.

(4)

PROTECTIVE FENCEA fence for the enclosure of nonresidential premises and uses, for preventing entry to commercial swimming pools, for providing a safety barrier from dangerous commercial or manufacturing activities or for enclosing an attractive nuisance.

(5)

RESIDENTIAL SWIMMING POOL FENCEA fence which encloses a residential swimming pool in accordance with § 230-153 of this chapter.

(6)

TEMPORARY FENCEA fence for the enclosure of construction activities or abandoned or condemned properties.

(7)

WALLA fence that is constructed of masonry or stone.

FLOOD

A temporary condition of partial or complete inundation of normally dry land areas.

[Added 4-23-1984 by Ord. No. 17-021]

FLOOD, BASE

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter and other ordinances have been prepared; for purposes of this chapter, the one-hundred-year flood, as referenced in the current Flood Insurance Study, Township of Montgomery, prepared by the Federal Insurance Administration, Federal Emergency Management Agency.

[Added 4-23-1984 by Ord. No. 17-021]

FLOOD BASE ELEVATION

The one-hundred-year-flood elevation, as referenced in the Flood Insurance Study, Montgomery Township, prepared by the Federal Insurance Administration, Federal Emergency Management Agency. Within the approximated floodplain, alluvial soils, floodplain or areas to be determined as floodplain as documented by the Township Engineer, the one-hundred-year-flood elevation shall be established as a point on the boundary of the approximated floodplain nearest to the construction site in question.

[Added 4-23-1984 by Ord. No. 17-021]

FLOOD, ONE-HUNDRED-YEAR

A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any given year. For the purposes of this chapter, the one-hundred-year flood (base flood) as defined by the Federal Insurance Administration, Federal Emergency Management Agency, in the Flood Insurance Study, Montgomery Township.

[Added 4-23-1984 by Ord. No. 17-021]

FLOODPLAIN

That area defined in this chapter as the Floodplain Conservation District; the "floodplain" definition (see § 230-12) contained therein shall be considered the definition for "floodplain" for all purposes and uses of this chapter.

[Added 4-23-1984 by Ord. No. 17-021]

FLOODPROOFING

Any combination of structural and nonstructural 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. Such measures are set forth in floodproofing regulations published by the Office of the Chief Engineer, United States Army, Publication No. EP 1165 2 314 (June 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2) classes referenced in these regulations. In said publication, where reference is made to below or above the BFD (base flood datum), it shall be interpreted as meaning below or above the base flood elevation. Said regulations are contained in the Building Code of Montgomery Township, as amended.[1]

[Added 4-23-1984 by Ord. No. 17-021]

FLOOR AREA

The sum of the areas of all the floors of the building or structure, including areas used for human occupancy or required for the conduct at the business or use, and basements, attics, unenclosed porches, and penthouses, as measured from the exterior faces of the walls. It does not include attics not over six feet in height in nonresidential uses, attics not used for human occupancy, nor any floor space in an accessory or main building intended or designed for the parking of motor vehicles in order to meet the parking requirements of this chapter, nor any such floor space intended and designed for accessory heating, ventilating and air-conditioning equipment, or parking structures.

[Added 1-28-2002 by Ord. No. 01-140Z]

GARAGE, PRIVATE

An accessory building or part of a principal building used for the storage 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.

GARAGE, PUBLIC

A 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.

GARAGE, STORAGE

A building, not a private or public garage, used solely for the storage of motor vehicles (other than trucks) but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.

GARDEN APARTMENTS

A group of garden apartment buildings up to two stories in height designed for rental or condominium ownership of the individual housekeeping units and having common open spaces.

GASOLINE FILLING STATION

Any area of land, including structures thereon, or any building or part thereof that is used for the sale of gasoline or other motor vehicle fuel or accessories and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs nor the sale of vehicles.

GOLF COURSE

A golf course shall consist of 18 holes, par 70 or greater, and a minimum length of not less than 6,000 yards measured from the deepest tee position to the center of green. Landing areas and isolation distances shall comply with the design standards published by the U.S. Golf Association.

[Added 1-24-2005 by Ord. No. 04-191Z]

GREEN AREA

The land area composed of previous surfaces set aside for the growing of vegetation, including lawn area, trees, shrubs, grasses, plants and flowers and also including lakes, ponds, streams and other natural features.

[Added 6-2-1986 by Ord. No. 17-029]

GROWER/PROCESSOR

A 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 grow and process medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.

[Added 9-12-2022 by Ord. No. 22-329Z]

A building or structure and other appurtenances or improvements where a grower/processor grows and processes medical marijuana.

[Added 9-12-2022 by Ord. No. 22-329Z]

HEIGHT OF BUILDING

A building's vertical measurement from the mean level of the ground surrounding 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 shall not be included in calculating the height.

HOME OCCUPATION

Any lawful occupation or business activity which is conducted in whole or in part by a resident from his/her primary residence.

[Amended 4-12-1993 by Ord. No. 93-8Z]

HOSPITAL/MEDICAL CENTER

An institution specializing in providing patient health-care services. Such institutions may include but are not limited to allied and adjunct medical facilities such as medical schools, nursing schools, student residences, laboratories, research facilities and medical offices which may be in the same or separate buildings.

[Added 2-11-2002 by Ord. No. 01-152Z]

HOTEL

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.

[Amended 1-28-2002 by Ord. No. 01-140Z]

HOUSE, ROOMING

A dwelling in which sleeping accommodations are provided for rent to less than 10 persons, whether or not the serving of meals is included.

IMPERVIOUS MATERIALS

Any materials that do not permit the natural absorption and permeation by soils of rain or other surface water, to include but not be limited to all concrete, asphalt, and similar paving products, earthen materials (brick, stone), chemical treatment of soils or artificial ground covers as may be used in the construction of roads, walks, driveways, parking areas, patios and recreation facilities.

[Amended 6-2-1986 by Ord. No. 17-029; 7-23-2007 by Ord. No. 07-219Z]

IMPERVIOUS SURFACE RATIO

Shall be calculated by dividing the total area of building coverage and impervious materials by the lot area, which includes the area within the lot lines, excluding the street rights-of-way. For the purposes of this chapter, the area of water within a swimming pool shall not be classified as impervious. The term "impervious lot coverage" and "impervious material coverage" shall mean the same as impervious surface ratio.

[Added 7-23-2007 by Ord. No. 07-219Z]

KENNEL

Any structure used as an establishment to confine two or more domesticated animals, i.e., dogs, cats, etc., commonly kept for the use or pleasure of man. It is intended that such use shall not be for any wild creature whether or not native to the locale of this Township. The use contemplated is for the purpose of breeding, boarding, sale or show. The structures shall be such that the creatures cannot voluntarily stray therefrom and shall be constructed of materials that shall produce sound attenuation at the property line.

[Added 1-28-2002 by Ord. No. 01-140Z]

LABORATORY

A building or group of buildings in which are located the facilities for scientific research, investigation, testing and experimentation, but whose primary activity is not the manufacture of products for sale.

LAND DEVELOPMENT

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 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

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 53 P.S. § 10503(1.1).

LIFESTYLE APARTMENTS

A multifamily dwelling offering communal amenities to its residents, such as, but not limited to, an outdoor pool, a fitness center, a business center, a recreation area, a dog washing station and/or a dog run area.

[Added 7-26-2021 by Ord. No. 21-321Z]

LOADING SPACE

A space, accessible from a street or way, in a building or on a lot for the temporary use of vehicles while loading or unloading merchandise or materials.

LOT

A parcel of land which is occupied or is to be occupied by one principal building or other structure or use or, where authorized in this chapter, a group of buildings, together with any necessary buildings or other structures or uses customarily incidental to such principal building or other structure or use, and such open spaces are arranged or designed to be used in connection with such principal building or other structure or use, such open spaces and the area and dimensions of such lot being not less than the minimum required by this chapter.

LOT, FLAG (also known as REAR LOT)

In R-3 and R-6 Districts, the term "lot," as used in this Zoning Ordinance, describes a land area for purposes of describing zoning requirements and as such is not limited to being a tax lot or deeded lot. The terms "lot" or "building lot" mean the same when used in describing regulations based upon buildings.

[Amended 4-18-1988 by Ord. No. 17-041]

LOT AREA

The total horizontal area of the lot lying within the lot lines, provided that no area of land lying within any street line shall be deemed a portion of any lot area; the area of any lot abutting a street shall be measured to the ultimate right-of-way line.

[Amended 8-22-88 by Ord. No. 17-048]

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets or at the point of abrupt change in direction of a single street, the interior angle of which is not greater than 135º.

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. Such lots shall be connected to a public street by an access strip which shall be held in fee-simple ownership as a part of the flag (or rear) lot. 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.

[Added 11-28-2005 by Ord. No. 05-203Z]

LOT INTERIOR

Any lot other than a corner lot.

LOT LINE

A property boundary line of any lot, except that in the case of any lot abutting a street, the lot line for such portion of the lot as abuts such 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 line even though such may be the legal description of property boundary line.

[Amended 8-22-1988 by Ord. No. 17-048]

LOT LINE, FRONT

The lot line abutting a street and coinciding with the ultimate right-of-way line and, in the case of a corner lot, whichever street-abutting lot line is elected by the owner or person applying for a building permit. For purposes of determining front yard setback, see definition of "yard, front."

[Amended 8-22-1988 by Ord. No. 17-048]

LOT LINE, REAR

A lot line opposite and most distance from the front lot line; if the rear lot line is less than 10 feet in length or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from the front lot line.

LOT LINE, SIDE

Any lot line not a front or rear lot line.

LOWEST FLOOR

The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter.

[Added 6-22-1992 by Ord. No. 92-1]

MANUFACTURED HOME

Within this chapter, the term "manufactured home" is interchangeable with the term "mobile home" and is defined exactly the same as the term "mobile home."

[Added 6-22-1992 by Ord. No. 92-1]

MEDICAL, DENTAL CLINIC

A building which contains professionals who dispense health services and provide testing where patients are admitted for examination and treatment on an outpatient basis by two or more medical disciplines or other medical personnel.

[Added 1-28-2002 by Ord. No. 01-140Z]

MEDICAL MARIJUANA

Marijuana for certified medical use as set forth in the Medical Marijuana Act.

[Added 9-12-2022 by Ord. No. 22-329Z]

MEDICAL MARIJUANA ACT

Act 16 of 2016, 35 P.S. § 1023.101 et seq., as amended from time to time.

[Added 9-12-2022 by Ord. No. 22-329Z]

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit or in two 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. This term includes but is not limited to the definition of a mobile home, as set forth in regulations governing Mobile Home Safety and Construction Standards Program (23 CFR 3282.7a).

[Amended 4-23-1984 by Ord. No. 17-021]

MOBILE HOME LOT

A 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, which is leased by the park owner to the occupants of the mobile home installed and/or erected on the lot for the exclusive use of its occupants, though it may instead be designed, developed and used for a modular or conventionally built single-family detached home rather than a mobile home.

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved in compliance with the requirements of the Mobile Home Park District for the placement of mobile homes, conventionally built or modular single-family detached homes, or combinations thereof, for nontransient use; consisting of two or more mobile home lots and 15 acres or greater in size.

MOBILE HOME STAND

The part of an individual lot which has been reserved and prepared for the placement of the mobile home.

MODULAR HOME

A single-family or multifamily dwelling intended for permanent occupancy, made by assembling one or more factory-produced three-dimensional sections into an integral living unit, whose construction materials and specifications conform to those of conventionally built units.

MOTOR HOME

A travel trailer which combines the living section and the power source into a single unit.

[Amended 6-22-1992 by Ord. No. 92-1[2]]

NO-IMPACT HOME-BASED BUSINESSES

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.

[Added 3-10-2003 by Ord. No. 03-166Z]

NONCONFORMING BUILDING, LOT OR STRUCTURE

A building, lot or structure the size, dimension or location of which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

[Added 6-22-1992 by Ord. No. 92-1]

NONCONFORMING USE

A land use which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

[Added 6-22-1992 by Ord. No. 92-1]

OPEN SPACE

In R-3 and R-6 Districts, that portion of gross site area not required or assigned as area for:

Buffer area.

Building coverage, excluding structures necessary to the open space purpose such as but not limited to recreational buildings and shelters, swimming pools, etc.

Site service facilities and systems such as streets, parking areas, service buildings and the like where recreation activities are prohibited, but excluding those facilities necessary to the open space purpose.

(d)

Outdoor living adjacent to building and dwelling units, including but not limited to yards.

Further, "open space" is defined as the area to be utilized for the practice of natural preservation or passive and/or active recreation or a combination of these uses.

Additionally, "open space" may be classified by the limitations to site resident use because the open space is used for:

Reservation open space, where, by physical features, plan design or regulation, the use of the space is limited for reason of health, safety, land and water preservation, sight amenity or site utility or accessibility.

Private open space, where, by design or regulation, the open space is limited by assignment, membership or service fee (golf course, boating, tennis courts, etc.).

PARKING SPACE, ALL-WEATHER

Common open space, where open space is not limited to site resident use except by the limitations placed on use by the nature of the activity to be performed within the space. By way of illustration, a tennis court is part of open space as long as it is not private open space, even though some residents cannot or may not want to use the facility.

OUTDOOR LIVING SPACE

The area or portion of an area adjacent to a building or dwelling unit as set by yard, setback or other area requirements and which is assigned for private or in common use of the dwelling residents of the building.

PARKING SPACE

A reasonably level space available for the parking of one motor vehicle, the size of which shall be measured exclusive of passageway, driveways or other means of circulation or access (see § 230-138). For residential uses, a garage or garage area shall not be counted toward the requirements of a parking space except where provided as part of the parking plan for garden apartments and townhouses; provided, however, that in the R-3A District, each garage shall be counted as one parking space and each driveway shall be counted as one space regardless of length. (Examples of parking arrangements which are acceptable under the terms of the off-street parking and loading space requirements in residential districts are found later in this chapter.)

[Amended 1-28-2002 by Ord. No. 01-140Z]

A parking space having adequate base stone and paved with cement, asphalt or other material with like qualities.

PARKING STRUCTURES

An accessory structure of more than one level designed for the temporary storage of vehicles and which may contain access ramps. "Parking structure" shall include the term "parking garage."

[Added 1-28-2002 by Ord. No. 01-140Z]

PAVED AREA

All areas, excluding buildings, surfaced with concrete, paving brick, bituminous or other materials to create a nonpervious surface, including parking areas, drives, roadways and sidewalks.

PERSONAL SERVICES

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel.

[Added 1-28-2002 by Ord. No. 01-140Z]

PUBLIC UTILITY

A company regulated by the Pennsylvania Public Utility Commission. Cellular communications companies and uses and other companies not regulated by the Pennsylvania Public Utility Commission shall not be considered a public utility.

[Added 1-11-1999 by Ord. No. 98-97Z]

RESTAURANT, OUTDOOR CUSTOMER DINING AREA

An area with seats and/or tables located outdoors of a restaurant, coffee shop, or other food service establishment located in a strip mall; also includes any outdoor area where beverages are consumed with or without the provision of dining facilities.

[Added 3-10-2003 by Ord. No. 03-167Z; amended 9-13-2021 by Ord. No. 21-322Z]

RETAIL

Selling of goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

[Added 5-17-1993 by Ord. No. 93-15Z]

SINGLE AND SEPARATE OWNERSHIP

The ownership of property by any person, which ownership is separate and distinct from that of any adjoining property.

SINGLE-FAMILY

A building designed and used exclusively as a residence for one family.

SITE AREA

A land area having a legal description and distinguished by the fact that it is or is intended to be comprehensively developed as a whole area containing all, if any, buildings, building lots, the circulation system and parking, open space and other improvements. "Site area" is further defined as follows:

SITE AREA, GROSSThe total land and water surface area contained in a site.

NET SITE AREAThe part of the site surface area upon which structures and supporting facilities are existing or intended to exist as a part of the development. Net site area shall be calculated by deducting from gross site area:

All area necessary to meet the buffer requirements of this chapter;

All area necessary to meet the floodplain requirements or otherwise unbuildable land areas as set out in this chapter or other prevailing ordinance or law; and

SPECIFIED ANATOMICAL AREAS

All areas lying within street or other legal right-of-way or permanent drainage easements.

SKY EXPOSURE PLANE

The theoretical plane created by the technique of stepping higher elevations of a building back from the edge of yards required for lower building heights. The actual degree is created by ordinance setback requirements, such as one foot horizontal for each one foot in height which would result in a plane of 45º. (See figure attached to Ord. No. 01-152Z.)[3]

[Added 2-11-2002 by Ord. No. 01-152Z]

SMOKING LOUNGE

An eating and drinking establishment where the smoking or sales of tobacco products, electronic cigarettes, or other substances is permitted. Examples of smoking lounges include, but are not limited to, cigar lounges, hookah lounges, vape lounges, tobacco clubs, tobacco bars, etc.

[Added 9-12-2022 by Ord. No. 22-329Z]

SPECIAL EVENT

A temporary event held indoors or outdoors on private or public property that may significantly impact the property, normal vehicular and pedestrian traffic, and/or the safety of citizens and visitors, extends beyond the normal use(s) or standards allowed by Chapter 230, Zoning.

[Added 11-12-2007 by Ord. No. 07-220Z]

SPECIAL EXCEPTION

Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XXIII, § 230-185, herein, in situations where express provision therefor is made by the terms of this chapter.

[Amended 6-22-1992 by Ord. No. 92-1]

[Added 5-10-1999 by Ord. No. 99-107Z]

Less than completely and opaquely covered:

Human genitals or pubic region;

Buttocks; or

Female breasts (shall include breasts of transvestites and female impersonators) below a point immediately above the top of the areola.

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernible turgid state, even if completely opaquely covered.

[Added 5-10-1999 by Ord. No. 99-107Z]

The term includes any of the following:

Human genitals in a state of sexual stimulation or arousal.

Acts of human masturbation, sexual intercourse or sodomy.