A.
Unless otherwise expressly stated or the context clearly indicates
to the contrary, the present tense includes the future; the singular
number includes the plural; the masculine gender includes the feminine
and neuter; the word "person" includes any individual or group of
individuals, partnership, firm, association, corporation or organization;
the word "occupied" includes the words "designed or intended to be
occupied"; and the word "shall" is always mandatory. The word "Borough"
means the Borough of Malvern, Chester County, Pennsylvania; the term
"Borough Council" means the Borough Council of said Borough; the term
"Zoning Hearing Board" means the Zoning Hearing Board of said Borough.
B.
The word "structure" shall include the word "building." The terms
"such as," "including," and the like are indended to introduce matters
which are illustrative of the meaning of the sentence, clause or phrase
in which such terms appear without limiting or derogating from the
general application of the sentence, clause or phrase in which such
terms appear.
C.
When terms, phrases or words are not hereafter defined, they shall
have the first mentioned relevant definition given in the most recent
edition of Webster's Unabridged Dictionary. If not found in the aforementioned
dictionary, their meaning shall have the ordinarily accepted meaning
or such as the context may apply.
The following words and phrases shall be construed throughout
this chapter to have the meanings indicated in this article unless
expressly stated otherwise or the context clearly indicates to the
contrary.
A structure subordinate to and used for purposes customarily
incidental to those of the principal permitted structure on the same
lot.
A use subordinate and customarily incidental to the principal
use on the same lot.
A strip of land that provides public or private vehicular
or pedestrian access, such as a street, alley, driveway, trail, path
or access easement.
[Amended 3-21-2006 by Ord. No. 2006-5]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended (53. P.S. § 10101 et seq.).
The development of a new use for an older building or for
a building originally designed for a special or specific purpose,
different from that of the proposed adaptation.
A residential complex design and primarily operated for mature
adults of 55 years and over, that may include one or any combination
of life care facility, nursing home, or retirement community as follows
(such facilities are subject to the Fair Housing Act, the Pennsylvania
Human Relations Act,[1] and the regulations promulgated thereunder):
LIFE CARE FACILITYA form of residential use designed and operated primarily for mature adults, of 55 years of age or over, containing certain support facilities including a combination of a senior center, independent living, personal care, and/or acute care.
RETIREMENT COMMUNITYMay provide a combination of individual dwelling units in any combination of single-family, two-family, townhouse or multifamily buildings and may include a community center consisting of one or more buildings in which accessory uses may be permitted.
NURSING HOMEA facility providing bed care or chronic or convalescent care for persons who, by reasons of illness, physical infirmity or age, are unable to properly care for themselves.
The cultivating of the soil, and the raising and harvesting
of the products of the soil, including but not limited to nursery,
nursery sales lots, horticulture and forestry, and animal husbandry.
A service roadway providing a secondary means of vehicular
access to the side or rear of two or more properties.
[Amended 3-21-2006 by Ord. No. 2006-5]
[Amended 3-21-2006 by Ord. No. 2006-5]
As applied to land, any change in topography as a result of
the moving of soil and rock from one location or position to another;
also the changing of surface conditions by causing the surface to
be more or less impervious; or any change which would alter the type
or method of wastewater disposal system; any land disturbance.
As applied to buildings or other structures, any change or rearrangement
in the supporting members, such as bearing walls, columns, beams,
or girders, as well as any change in exterior doors or windows, or
any extension to or diminution of a building or structure, whether
horizontally or vertically, or moving of a building or structure from
one location to another, or any change which, in the case of a nonconforming
building or structure, would prolong the life of such building or
structure.
A business within a building or structure providing automatic
amusement and video games, including pool or billiard tables or similar
facilities.
The vertical distance measured at grade from the basepad
of the antennae to the highest point of the support structure or antennae,
whichever is higher. If the support structure is on sloped grade,
the lowest grade shall be used in the calculation of the height.
A communication tower as herein defined, building, smoke
stack, water tower, utility pole or other similar structure that can
support a/an (antennae) device used in receiving or transmitting communication
signals and frequencies.
A parabolic earth-based reflector, together with its pedestal
and any other attachments and parts thereof, commonly referred to
as a "dish antennae," used or intended to receive and/or transmit
microwaves, radio waves, or electromagnetic waves from an overhead
satellite.
A parabolic earth-based reflector, together with its pedestal
and any other attachments and parts thereof, commonly referred to
as a "dish antennae," used or intended to receive microwaves, radio
waves, or electromagnetic waves from an overhead satellite.
A device, primarily an arrangement of wire or metal rods,
freestanding, attached to a building or attached to a support structure,
used for receiving frequency signals, including television and radio
antennae, and not used for commercial broadcasting or communication
purposes. Such devices shall include amateur radio service band radio
antennae used by Federal Communications Commission (FCC) licensed
amateur radio service operators.
A structure that includes a transmitting, receiving, or relay
tower/antenna support structure, communications equipment including
antennas, and accessory related buildings or structures that is licensed
by the Federal Communications Commission (FCC) for the specified purpose
of transmitting or receiving signals or frequencies for television,
radio, or telephone communications or other communications beyond
that which would be used for normal personal or residential use. Such
uses shall include a cellular, television, radio, or microwave tower,
and other wireless communications facilities, monopoles, distributed
antenna system facilities, and data collections unit facilities.
[Amended 5-19-2015 by Ord. No. 2015-2]
A landowner or developer (including that person's heirs,
successors and assigns), as herein defined, who has filed an application
with the Borough for subdivision and/or land development; or for a
special exception, conditional use, or variance; or for any other
required approval.
See "sign, banner."
A zoning district, the boundaries of which are delineated
on the Zoning Map along road centerlines or parcel boundaries, which
is a geographically definable area possessing a significant linkage
or continuity of lots, buildings, or structures. All land in the Borough
is divided into separate and distinct base zones which set limits
and requirements for land use in each.
Any area of the building having its floor below ground level
on all sides.
[Added 9-5-2006 by Ord.
No. 2006-10]
A residential structure occupied by a resident innkeeper
that operates a commercial use for the temporary lodging of guests
for compensation and providing those guests such lodging services
as maid service and accessory limited eating facilities for the serving
of breakfast and/or afternoon tea.
See "sign, billboard."
[Added 2-7-2012 by Ord.
No. 2012-1]
A building the primary or partial use of which is the housing
of roomers, boarders, or lodgers including dormitories, hostels, or
other like uses.
The Borough Council of Malvern Borough, Chester County, Pennsylvania;
the governing body of the Borough of Malvern.
[Amended 3-21-2006 by Ord. No. 2006-5]
An area on which is placed and maintained year-round shrubbery,
hedges, evergreens or other suitable plantings of sufficient height
and density to screen the principal use from view of abutting properties
and/or districts. A buffer area may include an earthen berm, a wall
or fence, or a solid wall or fence, provided that such wall or fence
shall be screened or constructed in such a manner that it will not
conflict with the character of the abutting district.
A line which dictates the placement of a building or structure
from the street right-of-way on which the building or structure is
located. On a corner lot, there shall be a build-to line on each side
of a lot abutting a street. In the case of an interior lot, the build-to
shall be measured as defined for interior lots under building setback
line.
Any structure affixed to the ground having a roof supported
by columns or similar supports or enclosed walls designed, intended,
or arranged for the housing, shelter, or enclosure of persons, animals
or property.
The sum of the maximum horizontal cross-section areas of
all buildings on a lot, including sun parlors, foyers, roofed porches,
breezeways, carports, bay windows, steps and balconies, but excluding
cornices, eaves, gutters, or signs. Building area shall be measured
from outside wall to outside wall.
The ratio of the total building area of all buildings to
the lot area, as calculated in accordance with § 220-202
of this article.
[Amended 12-4-2018 by Ord. No. 2018-11]
A building's vertical measurement from the mean level of
the ground surrounding the building to a point midway between the
highest and the lowest points of the roof, provided that chimneys,
spires and similar projections on structures shall not be included
in calculating the height; where the roof is of mansard-type construction,
the lowest point of the roof shall be measured at the ceiling of the
top floor. Chimneys, spires, and similar projections shall not rise
more than 10 feet from the highest point of the roof.
A line parallel from the street line a distance equal to
the front yard setback for the zoning district in which the lot is
located. In the case of an existing interior lot that does not front
a street for its entire width, the building line shall be a line parallel
to the street right-of-way measured from the front lot line nearest
the street, defining the minimum distance in which no building may
be constructed. (See "yard, front yard.")
The area within which the principal structure must be erected
or placed as established by the front, side, and rear yard setbacks.
(See "yard.")
A point of origin and distribution for the pickup and discharge
of passengers from a large motor driven vehicle, not to include the
storage or long-term parking of buses.
Diameter of a tree six inches above ground.
The portion of a street or alley right-of-way, paved or unpaved,
intended for vehicular use, including travel lanes, but not including
shoulders, curbing and drainage facilities.
Land used or intended to be used for burial of the deceased,
including columbariums, mausoleums, and mortuaries, when operated
in conjunction with the cemetery and within the boundaries thereof.
See "street, centerline."
A building being utilized as a club or social organization
offering restaurant or bar services for members.
[Amended 4-19-2016 by Ord. No. 2016-7]
A development design which allows the minimum lot area and
yard requirements to be reduced so that buildings and lots can be
grouped together in a more efficient and environmentally sensitive
configuration, provided that the remaining area is set aside and preserved
as common open space.
An activity involving the sale of goods or services for profit.
Antennas, radios, receivers, and transmitters, batteries
and other power sources, cables, generators, and other equipment,
and appurtenances necessary for the installation and operation of
a facility for transmitting and/or receiving communication signals
or frequencies, licensed for operation by the Federal Communications
Commission (FCC), but not included within the definition of "antennae
support structure."
A lattice tower or monopole designed solely for the purpose
of supporting antennas and cables for transmitting and/or receiving
of communication signals or frequencies.
The Comprehensive Plan officially adopted by the Malvern
Borough Council.
A use which is generally not appropriate or allowed by right
in a particular zoning district as a whole, but which may be suitable
in certain localities within the district only when specific conditions
and factors prescribed for such cases within this chapter are present.
Conditional uses are allowed or denied by Borough Council after public
hearing(s) and review and recommendation by the Planning Commission.
A form of ownership where individual units are designated
for separate ownership and the remainder of which is designated for
common ownership and maintenance in accordance with the Pennsylvania
Uniform Condominium Act of 1980, as amended.
Individual residential lots that encompass the entire tract
of land for development without retaining common open space associated
with cluster development.
A stone, concrete or other improved boundary marking the
edge of the roadway or paved area.
[Amended 4-19-2016 by Ord. No. 2016-7]
Any system intended to collect data usage information from
any wireless communication facility.
[Added 5-19-2015 by Ord.
No. 2015-2]
Commercial facilities where daytime supervision is provided
for the care of children or adults, not related to the caregiver or
operator, and where the child or adult care area is not part of a
family residence. Day-care centers must be licensed or approved to
provide services as required by the Commonwealth of Pennsylvania.
A major home occupation in which a private residence is used
for the care and supervision of between three and six children or
adults, not related to the caregiver.
The total number of dwelling units divided by the total number
of acres in the tract, including any streets, vehicular accessways,
parking areas and any land to be set aside as common open space.
A term used in the formula for determining the maximum allowed
dwelling unit density when utilizing the cluster development option.
The ratio takes the form of a percentage to increase the base district
density.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to construction or expansion of buildings
or other structures, the placement of mobile homes, streets and other
paving, utilities, filling, grading, excavation, extraction of minerals,
forestry, dredging, or drilling operations.
The diameter of a tree trunk measured at a point 4.5 feet
above the ground level.
The cessation of the use of property.
Network of spatially separated antenna sites, with or without
central poles and control boxes, connected to a common source by fiber
optic cable, in order to provide wireless service.
[Added 5-19-2015 by Ord.
No. 2015-2]
A building operated as part of an institutional use and occupied
by and maintained exclusively for faculty, students or other such
persons affiliated with a school, church, recreational or educational
facility or other recognized institution.
An establishment that, by design, physical facilities, services,
or by packaging procedures, encourages or permits customers to receive
services or obtain goods while remaining in their vehicles. Such use
shall include any establishment for the sale and consumption of food
and beverages, any establishment providing banking services or other
services in which there is a drive-through window.
A private access, graded and typically paved, intended primarily
for use as a means of vehicular access from a street to a parking
space, parking lot, individual dwelling or other structure.
[Amended 3-21-2006 by Ord. No. 2006-5]
A commercial enterprise where patrons drop off and pick up
items of clothing, but the dry cleaning service is not performed on-site.
A facility where the procedure of dry cleaning is performed.
A space which will remain totally dry during flooding; the
structure is designed and constructed to prevent the passage of water
and water vapor.
[Added 9-5-2006 by Ord.
No. 2006-10]
A space which will remain dry during flooding, except for
the passage of some water vapor or minor seepage; the structure is
substantially impermeable to the passage of water.
[Added 9-5-2006 by Ord.
No. 2006-10]
A building designed for or occupied exclusively for residential
purposes, containing one or more dwelling units, having complete independent
housekeeping (kitchen, bathroom, bedroom) facilities, and separate
access to the outside or to a common hallway or porch or balcony that
connects to the outside, excluding hotel, rooming house, tourist home,
institutional home, residential club, motor court and the like, but
including the following:
SINGLE-FAMILY DETACHED DWELLINGA building designed for or occupied exclusively as a residence for one family having one dwelling unit from ground to roof; no common party wall with any other dwelling; independent outside access; and the ability for yards on all sides.
TWO-FAMILY DWELLINGAs follows:
TWO-FAMILY SEMIDETACHED DWELLING (TWIN)A building designed for and occupied exclusively as a dwelling for two families, having two dwelling units from ground to roof with not more than one wall in common with the adjoining dwelling; each with independent outside access and the ability for yards on three sides.
TWO-FAMILY DUPLEX DWELLINGA building designed for and occupied exclusively as a dwelling for two families having two dwelling units from ground to roof arranged one over the other and separated from each other by a horizontal common party wall; each with independent outside access; and the ability for yards on all sides.
MULTIFAMILY DWELLINGA building containing three or more dwelling units, each with independent kitchen, bathroom and bedroom facilities, which may have independent outside access, including, but not limited to, triplex (three units in one building); four-plex or quadraplex (four units in one building, two parallel party walls in common with an adjacent unit, and yards on two nonparallel sides); townhouse or single-family attached (containing at least three dwelling units in one building with each one dwelling unit from ground to roof and not more than two vertical party walls in common with an adjoining dwelling unit, each dwelling unit having independent outside access, and each having yards on two sides except for an end unit with yards on three sides); and apartments (a building containing three or more dwelling units separated by common party walls which may have more than one dwelling unit from ground to roof and common outside access). It is the intention to include within this definition of "multifamily dwelling" all recognized buildings or structures accommodating three or more dwelling units within the same building, whether for lease or sale.
A room or group of rooms for one family located within a
residential building and forming a single habitable unit with a private
access and complete independent housekeeping (kitchen, bathroom, bedroom)
and living facilities. Multiuse developments may provide for upper
floor dwelling units in buildings with nonresidential components,
subject to § 220-2425 of this chapter.
[Amended 4-21-2009 by Ord. No. 2009-3]
A mound of earth which serves the purpose of supporting planted
material, a fence, or wall, to aid in screening.
An interest in land, owned by a party other than the owner
of the fee interest in the land, that entitles the holder to a specific
use, purpose, or enjoyment of the land, or to enforcement of restriction(s)
on the use of the land or structures thereon.
[Amended 3-21-2006 by Ord. No. 2006-5]
A use of land and/or buildings, including preschool, elementary
and secondary schools, colleges, vocational and/or technical schools.
A wall, fence, plantings, earth works, or combinations thereof,
which are arranged or placed so as to divert attention from or obstruct
at least 50% of an otherwise clear view of a use or activity during
all seasons of the year, as outlined by this chapter.
An addition to the floor area of an existing building, an
increase in the size of a structure or an increase in that portion
of a tract or lot occupied by an existing use.
Any or all work necessary for the erection or construction
of any building or structure from a combination of materials which
form safe and stable structures.
The front or facing of a building.
Occupants of an individual dwelling unit are either:
A single person; or
Any number of persons related by blood, marriage or adoption,
including foster children, and including not more than two other persons,
for example, boarders, lodgers or domestic help; or
Unrelated persons living together as a single cooperative household
unit; however, excluding occupants of a rooming/boarding house or
dormitory; or
A group of individuals with disabilities living together as
the functional equivalent of a family and entitled to a reasonable
accommodation to allow them adequate housing choices pursuant to the
Federal Fair Housing Act or the Pennsylvania Human Relations Act.[2] The Zoning Officer shall have the authority to determine
whether a group of individuals is living together as the functional
equivalent of a family for purposes of this section.
See "livestock."
A barrier consisting of natural and/or man-made materials
designed to enclose an outdoor activity or serve as a screen.
Material, exclusive of structures, placed or deposited so
as to form an embankment or to raise the surface elevation of the
land.
A general and temporary inundation of normally dry land by
water.
The one-hundred-year flood elevation plus a freeboard safety
factor of 1 1/2 feet.
[Added 9-5-2006 by Ord.
No. 2006-10]
A flood of a high magnitude that is likely to occur an average
of once every 100 years, as delineated by the Federal Flood Insurance
Rate Maps (FIRM) developed in the National Flood Insurance Program
administered by the Federal Emergency Management Agency (FEMA). The
probability of its occurrence is one-percent chance each year; however,
a one-hundred-year flood may occur in any year.
A relatively flat or low area of land adjacent to the channel
of a watercourse which is subject to either partially or complete
inundation from an adjoining or nearby stream, river, or watercourse,
an area subject to the unusual and rapid accumulation of runoff or
surface waters from any source. For the purposes of this chapter,
the floodplain shall be capable of accommodating a flood magnitude
of a one-hundred-year flood, and shall include the area within the
Floodplain Overlay District as defined in § 220-2101 of
this chapter.
The floodplain area specifically identified in this chapter
as being inundated by the one-hundred-year flood.
[Added 9-5-2006 by Ord.
No. 2006-10]
That map prepared by the Federal Emergency Management Agency
(FEMA) for Malvern Borough, delineating the floodplain.
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.
[Added 9-5-2006 by Ord.
No. 2006-10]
The designated area of a floodplain required to carry and
discharge floodwaters of a given magnitude. For the purposes of this
chapter, the floodway shall be capable of accommodating a flood of
the one-hundred-year magnitude.
[Added 9-5-2006 by Ord.
No. 2006-10]
The sum of the gross horizontal areas of all floors in a
building measured from the exterior face of exterior walls, or from
the centerline of the wall separating two buildings, including basements,
enclosed porches, mezzanines and upper floors, but excluding interior
parking and loading spaces, overhangs, elevator shafts, unenclosed
porches, patios, or any interior space where the floor-to-ceiling
height is less than six feet.
The management of forests and timberlands when practiced
in accordance with the accepted silvicultural principles, through
developing, cultivating, harvesting, transporting and selling trees
for commercial purposes, which does not involve any land development.
A building used for the preparation of the deceased for burial
and the display of the deceased and rituals connected therewith before
burial or cremation.
GARAGE, PRIVATE ACCESSORYA building or structure accessory to or an integral part of a dwelling for the storage of motor vehicles owned and used by the owner, or tenant, or member of their households, but not for the sale, service or repair of motor vehicles.
GARAGE, SERVICEA building, other than a parking garage, used for the storage, service or repair of motor vehicles.
GARAGE, PARKINGSee "parking lot."
GARAGE, STORAGEA building, a private garage, used solely for the storage of motor vehicles, but not for the sale, service or repair of motor vehicles.
The accessory use for the temporary display and sale of common
household goods and craft items on a residentially used property.
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, convenience
food or supplies, but which shall not include painting or body and
fender parts.
The sensation of brightness within the visual field that
causes an annoyance, discomfort, or loss in visual performance, visibility,
and/or the ability to focus the eye.
(n.) The elevation of the ground level which adjoins a building
or structure.
[Amended 3-21-2006 by Ord. No. 2006-5]
(v.) To finish the surface of a roadbed, top of embankment
or bottom of excavation.
[Amended 3-21-2006 by Ord. No. 2006-5]
An open space area established to link parks, natural reserves,
cultural features, or historic sites with each other or with populated
areas, which may also contain facilities for pedestrian and bicycle
passage.
The total floor area of all floors within a building, suitable
for habitation, or commercial or industrial use.
A linear plant community dominated by trees and/or shrubs.
Hedgerows often occur along roads, fence lines, property lines, or
between fields, and may occur naturally or be specially planted (e.g.,
as a windbreak). For the purposes of this chapter and § 181-525
of the Subdivision and Land Development chapter, hedgerows are considered
woodlands and regulated as such.
[Added 3-21-2006 by Ord.
No. 2006-5]
A parcel, building, structure, object, monument, landscape, or site that has been designated by the Historical Commission or Malvern Borough Council for its historical, architectural, or archeological importance as provided in the criteria for designation as described in Article XXIII, § 220-2301.
[Added 11-17-2015 by Ord.
No. 2015-5]
The Historical Commission of Malvern Borough, Chester County,
Pennsylvania, as established by Malvern Borough Ordinance No. 83-12
and whose authorities and powers may be amended herein from time to
time.
[Added 11-17-2015 by Ord.
No. 2015-5]
A business or commercial activity administered or conducted
as an accessory use, which is clearly secondary to the use as a residential
dwelling. The activity must further satisfy specified requirements.
There shall be two categories of home occupations/home-based businesses:
major and minor/no-impact. For the purposes of this chapter, the terms
"minor home occupation" and "no-impact home-based business" shall
be synonymous, and likewise the terms "major home occupation" and
"major home-based business" shall be synonymous. Such uses shall be
permitted when in accordance with the following standards:
Minor home occupation/no-impact home-based business. Minor no-impact
home-based businesses shall meet all of the following:
The business activity shall be compatible with the residential
use of the property and surrounding uses.
The use is carried on entirely by the inhabitants of the dwelling,
and shall employ no employees other than family members residing in
the dwelling.
The use does not involve any customer, client, or patient visits,
whether vehicular or pedestrian, to the dwelling.
Such use involves no pickup, delivery, or removal functions
to or from the premises in excess of those normally associated with
the residential use.
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 or 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 type, which is not normally associated with
residential use in the neighborhood.
The business activity shall only be conducted within the dwelling
and shall not exceed 25% of the total floor area of the principal
residential structure.
Such business use shall not involve any illegal activity.
Major home occupation/major home-based business. A home occupation/home-based business that does not meet one or more of the criteria listed under Subsection A above shall be defined as a major home occupation/home-based business, which requires additional regulations because of its greater potential impact on the area in which it is located. Major home occupations/home-based businesses shall be permitted only by special exception in those zoning districts where major home occupations are permitted and when other applicable criteria of this section and Ordinance can be met.
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations (such as the Uniform Condominium Act of 1980, as amended,
and the Pennsylvania Uniform Planned Community Act[3]), for the purpose of administering the needs of residents
through the maintenance of community-owned property and improvements.
A building used for the purpose of providing for compensation
temporary lodging to the public, with or without meals, and having
lodging accommodations in which access to guest rooms is from an interior
lobby, corridor, or hallway accessed through a common entrance.
Poorly drained soils that are saturated, flooded, or ponded
long enough during the growing season to develop anaerobic conditions
that favor the growth and regeneration of wetlands vegetation. Wetlands
vegetation includes those plant species that have adapted to saturated
soils and periodic inundations occurring in wetlands. Hydric soils
or soils containing portions of hydric soils include, but are not
limited to, the following, as classified by the United States Department
of Agriculture, Soil Conservation Service, for Delaware and Chester
Counties: Croton silt loam (CR), Readington silt loam (Rm), and Worsham
silt loam (Wo).
Any surface or material which is impenetrable or unable to
absorb water, including but not limited to buildings, structures,
roof overhangs, permanent (fixed) awnings, and paved areas including
parking areas, driveways, roads, sidewalks, and other such areas in
concrete or asphalt, patios, swimming pools, paver areas, tennis or
other paved courts; or athletic playfields comprised of synthetic
turf materials except for such synthetic athletic playfields which
are designed as a system with adequate stormwater controls to the
satisfaction of the Borough's Engineer. In addition, other areas determined
by the Borough Engineer to be impervious within the meaning of this
definition shall also be considered as contributing to total impervious
cover. For purposes of determining compliance with the maximum coverage
limitations on any lot or tract, impervious cover shall be measured
as a percentage of lot area or net tract area, as applicable. A percentage
of any areas comprised of semi-impervious cover, such as porous paving,
may be excluded from calculation of lot or tract coverage to an extent
reasonably related to the degree to which stormwater passes through
the paving materials and does not contribute to stormwater runoff
over the expected lifetime of such semi-impervious cover, as determined
by the Borough Code Enforcement Officer and/or Borough Engineer.
[Added 4-19-2016 by Ord.
No. 2016-6]
See "impervious cover."
[Amended 4-19-2016 by Ord. No. 2016-6]
A facility such as a studio for dance, martial arts, yoga
or other exercise; a facility for fitness training or exercise. Billiards
rooms, bowling alleys and firing ranges are excluded from this definition.
Notwithstanding the above, principal uses otherwise permitted may
utilize pool tables.
[Added 4-21-2009 by Ord.
No. 2009-3]
The redevelopment of or construction of a new building on
vacant parcels without a habitable or usable principal building in
a developed area.
A dwelling providing nontransient special care lodging for
a minimum of seven and a maximum of 15 persons, and not more than
four resident supervisors, in which some or all of the occupants are
unrelated.
A lawful nonprofit or public establishment involving building
and grounds, including, but not limited to, schools, museums, places
of worship, convents, retreats, and nursing homes.
An area of land, with or without buildings, used for outside
storage of used and/or discarded materials, including but not limited
to wastepaper, rags, metal, building materials, house furnishings,
machinery, vehicles or parts thereof with or without the dismantling
processing, salvage, sale or other use or disposition of same. The
deposit or storage on a lot of two or more unlicensed, wrecked or
disabled vehicles, or the major part thereof, shall constitute a junkyard,
excluding lawful automotive repair facilities.
Any establishment wherein dogs and other domesticated pets
are kept for the purpose of breeding, boarding, sale or show purposes,
and which is so constructed that the animals cannot stray therefrom.
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.
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, buildings, or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of Act 247,
as amended, is specifically included in the definition of land development,
except that the addition of an accessory structure (such as a small
shed) or appliance (such as a generator) on a lot, subordinate to
an existing principal building or use, is excluded from the definition,
provided that the area of earth disturbance does not exceed 400 square
feet and the addition of the structure or appliance will not result
in any change in parking requirements, stormwater runoff, impervious
surface, intensity of use or other impacts upon nearby properties
or the public generally. The Zoning Officer shall determine whether
the proposed structure is accessory to the existing building or use.
This exclusion does not affect the applicability of § 220-2905
of this chapter, regarding zoning permits.
[Amended 3-21-2006 by Ord. No. 2006-5; 5-17-2011 by Ord. No. 2011-2]
A commercial premises equipped with individual clothes washing
and/or drying machines for the use of customers.
Laundry facilities provided as an accessory use in apartment
complexes or residential uses.
See "adult housing/care facility."
Animals customarily housed in a structure separate from the
dwelling of the owner and/or customarily kept for agricultural or
sporting purposes, including horses, pigs, goats, sheep, poultry,
racing pigeons and cattle, regardless of the size or age of the animal.
Livestock or any type of farm animals are not "pets" for purposes
of this chapter, even if they are small or of a miniature breed or
variety.
A defined space, accessible from a street or alley, in a
building or on a lot, for the temporary use of vehicles, while loading
or unloading merchandise or materials, but not to be used for storage.
A parcel of land which is occupied or to be occupied by one
principal building or other structure or use, together with any accessory
buildings or other structures or uses customarily incidental to such
principal buildings or other structure or use, and such open spaces
as 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 or such a lot being not less than the minimum required
by this chapter.
The area contained within the property lines of a lot, as
defined in the deed or as shown on an approved subdivision plan. For
purposes of calculating the minimum lot area (net lot area) necessary
to comply with the area and bulk requirements of this chapter, the
following areas shall be excluded from such calculations:
[Amended 3-15-2005 by Ord. No. 2005-2]
All areas within the existing or proposed public or private
streets, rights-of-way or easements, recorded or otherwise, including
public sewer, water, public utility, storm drainage retention and/or
detention;
All areas occupied by courses and/or bodies of water, wetlands
and floodplains;
Fifty percent of any area of the lot which has wet or alluvial
soils;
Fifty percent of the area of the lot with slopes of 15% to 20%
and changes in grade of four feet or more;
Seventy-five percent of the area of the lot with slopes of more
than 20% and changes in grade of four feet or more.
See "cluster residential development."
The ratio of the area of a lot which is covered by any and
all impervious cover to the lot area, as calculated in accordance
with § 220-202 of this article.
[Amended 4-19-2016 by Ord. No. 2016-6; 12-4-2018 by Ord. No. 2018-11]
Any line separating a lot from neighboring parcels or a public
or private street right-of-way.
[Amended 4-19-2016 by Ord. No. 2016-6]
FRONTThe line separating the lot from a public or private street right-of-way. For interior lots, it is the line generally parallel to the street right-of-way at the nearest point to the right-of-way where the lot attains the minimum required lot width.
REARThe lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
SIDEAny lot line other than a front or rear lot line.
See "lot area."
The horizontal distance between side lot lines measured parallel
to the street line at the building line. Where a street is curved
or angled, the lot width shall be measured as a straight line between
the point of the intersection of the required side yards and the front
yard setback. Each lot in any district shall have a width at the street
line of not less than 65% of the required lot width at the building
setback line.
A lot abutting two or more streets, or upon two parts of
the same street or shared driveway where said streets, street or driveway
forms an interior angle of less than 135°. All yards abutting
streets shall be considered front yards. The yard opposite the front
lot line having the official designated property address shall be
considered the rear yard, and the remaining yard shall be considered
the side yard.
A lot, the principal portion of which does not adjoin a street
but is connected thereto by an access strip of required minimum width.
Minimum lot area and lot depth and other dimensional requirements
of the applicable zoning district shall be met on that portion of
the lot exclusive of the access strip.
[Added 4-19-2016 by Ord.
No. 2016-6]
The lowest floor of the lowest fully enclosed area (including
basement). An unfinished, flood-resistant partially enclosed area,
used solely for parking of vehicles, building access, and incidental
storage, in an area other than a basement area is not considered the
lowest floor of a building, provided that such space is not designed
and built so that the structure is in violation of the applicable
nonelevation design requirements of this chapter.
[Added 9-5-2006 by Ord.
No. 2006-10]
See "mobile home."
[Added 9-5-2006 by Ord.
No. 2006-10]
See "mobile home park."
[Added 9-5-2006 by Ord.
No. 2006-10]
A plan or plans accompanied by written materials where such
are necessary to describe, in graphic form and narrative form, the
information required in a master development plan conditional use
application. Such plan shall be a conceptual plan which visually and
verbally defines and describes a comprehensively planned mixed-use
development under § 220-2425 of this chapter.
[Added 4-21-2009 by Ord.
No. 2009-3]
A building and lot for the practice of medical or dental
arts or similar examination and treatment of persons as outpatients
by three or more physicians or licensed medical specialists practicing
medicine as a group during normal office hours. Medical practices
with two or fewer physicians are considered offices. Clinics providing
twenty-four-hour emergency services or overnight lodging of patients
shall be considered hospitals.
A tract of land designated primarily for the preservation
of a historic site and used by the public for limited passive recreation.
Microwave dish antennas are parabolic earth-based reflectors,
together with a pedestal and any other attachment and parts thereof,
commonly referred to as a dish antenna, used or intended to receive
microwaves, radio or electromagnetic waves from an overhead satellite.
A structure containing separate storage spaces at varying
sizes leased or rented on an individual basis.
That area of a lot that has no development restrictions.
The minimum buildable area shall not include the area of any required
setbacks (except driveways and parking areas which cross yards), buffer
yards, and natural resources.
The replacement of existing work with equivalent materials
for the purpose of its routine maintenance and upkeep, but not including
the cutting away of any wall, partition or portion thereof, the removal
or cutting of any structural beam or bearing support, or the removal
or change of any required means of egress, or rearrangement of parts
of a structure affecting the exitway requirements; nor shall minor
repairs include addition to, alteration of, replacement or relocation
of any standpipe, water supply, sewer, drainage, drain leader, gas,
oil, waste, vent, or similar piping, electric wiring or mechanical
or other work affecting public health or general safety.
[Added 9-5-2006 by Ord.
No. 2006-10]
A use that includes one or more commercial, service, office,
or residential use in combination on one lot or in one building.
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two or more units designed
to be joined into a single 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 connections to utilities, and constructed so that it
may be used without a permanent foundation, including any addition,
such as porches or additional rooms.
A parcel of land or contiguous parcels under a single and
separate ownership which has been planned and improved for the placement
of mobile homes for nontransient uses, consisting of two or more mobile
home lots.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances required by
this chapter for the placement of a single mobile home.
A wireless communications facility that consists of a single
pole structure, either freestanding or attached to another structure,
designed and erected for the purpose of either supporting antennas
or facilitating wireless communications.
[Added 5-19-2015 by Ord.
No. 2015-2]
A building or group of two or more detached or semidetached
buildings used for the purpose of providing for compensation, temporary
lodging to the public, with or without meals, and having lodging accommodations
in which access to each room or unit is through an exterior door.
Any land or structure used or occupied for the buying, leasing
and/or the storing of three or more motor vehicles prior to sale or
lease.
A shopping center containing two or more retail uses located
in one building or on a single lot and preplanned and designed as
a complex of related structures and circulation patterns.
A lot or building or combination of lots or buildings on
one or more unified development tracts, erected, altered, used and/or
occupied for any combination of the uses permitted by § 220-2425,
Multiuse development.
[Added 4-21-2009 by Ord.
No. 2009-3]
A use conducted by the Borough or a Borough municipal authority.
See "sign."
[Added 4-16-2013 by Ord.
No. 2013-1]
Structures for which the start of construction commenced
on or after January 16, 1981, and includes any subsequent improvements
thereto.
[Added 9-5-2006 by Ord.
No. 2006-10]
A building or structure or part thereof which does not comply
with the applicable dimensional regulations, including those relating
to density, impervious surfaces, building coverage, building height,
and setbacks in this chapter or amendments hereafter enacted where
such building or structure was lawfully in existence prior to the
effective date of this chapter.
A lot or site in single or separate ownership which does
not comply with the applicable dimensional regulations, including
those related to site area, lot area, and lot width, in this chapter
or amendments hereafter enacted where such lot was lawfully in existence
prior to the effective date of this chapter.
Any sign legally existing at the effective date of this chapter that does not conform in use, location, height or size to the regulations of Article XXVI, Signs.
A use, whether of land or structure, which does not comply
with the applicable use provisions in this chapter or amendments hereafter
enacted where such use was lawfully in existence prior to the effective
date of this chapter or amendments.
See "adult housing/care facility."
Off-street parking spaces or areas that are not located on the same lot as the use for which they are required, in conformance with Article XXV.
A parking space or facility for motor vehicles located outside any street right-of-way, required by and in conformance with Article XXV.
An ordinance in map form adopted by the governing body that
conclusively shows the location of proposed streets, public facilities,
public areas, and rights-of-way.
A sign erected by the state, county, township or other legally
constituted governmental body.
Off-street parking spaces or areas located on the same lot as the use for which they are required under Article XXV.
Parking spaces located within the street right-of-way where
permitted by the Borough.
See "flood, one-hundred-year."
[Added 9-5-2006 by Ord.
No. 2006-10]
A parcel or parcels of land or an area of water, or a combination
of both, within a development site designed and intended for the use
and enjoyment of residents of a development and possibly the general
public or other open space use dependant on the terms of agreement
and ownership of the open space, not including streets, off-street
parking areas, areas set aside for public facilities, and private
yards.
An outdoor area, such as a patio, deck, porch, or similar
structure, of an associated restaurant, tavern, bakery, ice cream
shop or other similar food service establishment used for furnishing
food and beverages to be consumed on the premises in an identified
dining area outside of the principal building. All outdoor cafes are
subject to the provisions of § 220-2418.
[Amended 11-16-2021 by Ord. No. 2021-9]
The display and sale of products and services outside of
a building or structure, including vehicles, garden supplies, gas,
tires, motor oil, food and beverages, furniture, arts, and crafts.
[Amended 4-19-2016 by Ord. No. 2016-7]
The placement of any man-made materials outdoors and unprotected
by any building or structure, inclusive of materials covered by tarps,
tents, or any other nonpermanent structure.
A district established by ordinance to prescribe special
regulation to be applied to a site in addition to the underlying zoning
district regulations. Where the standards of the overlay and base
zoning district differ, the more restrictive standards shall apply.
All areas designed and/or used for the parking of vehicles,
including aisles (passageways) adjacent to parking spaces, but not
including parking area accessways (driveways) or loading and unloading
areas.
An off-street, multilevel, paved area designed solely for
the parking of motor vehicles, including parking spaces, accessways,
passageways, and maneuvering space.
An off-street, paved area designed solely for the parking
of motor vehicles, including parking spaces, accessways, passageways,
and maneuvering space.
A space, available for the parking of one motor vehicle,
exclusive of passageways, driveways or other means of circulation
or access. A parking space shall include either covered garage spaces
or uncovered parking lot space located outside of the street right-of-way.
[Amended 3-21-2006 by Ord. No. 2006-5]
Areas, excluding buildings, surfaced with concrete paving,
brick, bituminous or other such materials, to create a dustless, all-weather
surface.
See "traditional Olde Town development."
Any system of providing for pedestrian transportation within
or outside the public right-of-way, and through public or private
property including walkways, buildings, public space within developments,
designated to be used by the public, secured by easement or other
agreement, with the purpose of connecting natural features, recreational
uses, public uses, or public areas.
An individual, partnership, public or private association
or corporation, firm, trust, estate, municipality, governmental unit,
public utility or any other legal entity whatsoever, which is recognized
by law as the subject of rights and duties.
[Added 9-5-2006 by Ord.
No. 2006-10]
A building or portion of a building in which the services
of a person permitted to practice a specific profession are offered
to the general public. Examples of such uses include agents, barbers,
beauticians, optometrists, photographers, tailors, and similar uses.
A surface that presents an opportunity for precipitation
to infiltrate into the ground, such as cobblestones, spaced pavers,
grass tiling, and other methods of permeable paving.
Small domestic animals, including, but not limited to, dogs
and cats, that reside in the dwelling of the owner. Livestock/farm
animals, such as horses, pigs, goats, sheep, cattle and poultry (chickens,
turkeys, ducks, geese, ostriches, emus or any other type of bird that
does not reside in the dwelling of the owner) are not "pets" for purposes
of this chapter even if they are small or of a miniature breed or
variety and regardless of whether they reside in the dwelling of the
owner.
Development involving a grouping of two or more buildings
for education or religious use which are developed according to a
unified plan including the layout of lots, buildings, access streets,
landscaping, and other improvements in a campus-like setting.
[Amended 4-19-2016 by Ord. No. 2016-7]
Development involving a grouping of two or more office buildings
which are developed according to a unified plan including the layout
of lots, buildings, access streets, landscaping and other improvements
in a campus-like setting.
[Amended 4-19-2016 by Ord. No. 2016-7]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.[4]
The Planning Commission of Malvern Borough, Chester County,
Pennsylvania.
An approved list of plant materials to utilized in applicable
projects, including, but not limited to, various species of deciduous
and evergreen trees and shrubs, referred to as "Appendix A" in the
Zoning Ordinance, which may be revised by resolution of Borough Council
from time to time based on appropriate horticultural practices as
recommended by the Malvern Borough Shade Tree Commission.
[Added 8-17-2021 by Ord. No. 2021-5]
A projection from the main wall of a building that may or
may not use columns for structural purposes.
A roofed structure attached to the main building that is
enclosed by railings, walls, permanent or detachable glass, wire screening,
or a frost wall.
A roofed structure attached to the main building, which may
have railings.
The building in which is conducted the principal use of the
lot on which it is located.
The single dominant or primary use of a lot.
A business facility housing the practice of those professionals
who provide a service requiring academic training, including, but
not limited to, physicians, lawyers, engineers, architects and planners.
Any municipally or privately owned sewer system in which
sewage is collected from buildings and piped to an approved sewage
disposal plant or central septic tank disposal system and approved
by the Department of Environmental Protection, Commonwealth of Pennsylvania.
Any municipally or privately owned water system in a single
location established for the distribution of water, in accordance
with the laws of the Department of Environmental Protection, Commonwealth
of Pennsylvania.
A meeting of the Borough Council to make a decision by resolution
on a particular matter. Such meeting must be preceded by public notice
and shall proceed by applicable regulations for the matter at hand,
including the Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended.
A meeting preceded by public notice, or a regularly scheduled
meeting, for the discussion of a particular matter or required purpose,
such as a public information meeting for a Comprehensive Plan or zoning
ordinance to provide public input. Such meetings shall proceed by
the applicable regulations for the matter at hand, including the Pennsylvania
Municipalities Planning Code, Act 247 of 1968, as amended.
[Amended 3-21-2006 by Ord. No. 2006-5]
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time, place, and particular nature of the matter to
be considered. The first publication shall not be more than 30 days
and the second publication shall not be less than seven days from
the date of the hearing. Public notice shall be given as to all applicable
regulations, including the Pennsylvania Municipalities Planning Code,
Act 247 of 1968, as amended.
A private or municipal corporation organized and existing
for the distribution and sale of water, electricity, gas, telephone,
TV signal, or the collection and disposal of sanitary waste or sewage,
in accordance with the Public Utility Code to the extent that it is
providing sewer and water service.
A building or structure and its equipment used for the transmission
and exchange of telephone, radio, television, gas, power, sewer and
water facilities by a public utility; provided, however, that in a
residential district these shall not include public business facilities,
storage of materials, trucks, or repair facilities or housing of repair
crew.
A device used for receiving frequency signals, including
television and radio antennae, not used for commercial broadcasting
or communication purposes. Such devices shall include ham and citizen
band radio antennae used by amateur radio operators.
Recreation areas or areas within open space designated for
more intensive uses that generally involve groups of people and are
strenuous in nature such as exercise, field sports, sports practices,
and child's play. These areas are typically designed and maintained
for active recreation through the mowing of grass or placement of
structures and specialized equipment.
Recreation areas or areas within open space that are designated
for nonintensive, low-impact uses such as walking, hiking, fishing,
picnicking, or sitting, that are generally quieter, less athletic
activities. These areas are typically natural in nature or located
in scenic landscapes that contain a significant feature such as a
stream or woodland.
Includes boats and boat trailers, travel trailers, pick-up
campers or coaches (designed to be mounted on automobile vehicles),
motorized dwellings, tent trailers, snowmobiles, four-wheelers or
quads, and the like, and cases or boxes and apparatus used for transporting
recreational equipment, whether occupied by such equipment or currently
being used for that purpose or not.
A vehicle which is (i) built on a single chassis; (ii) not
more than 400 square feet, measured at the largest horizontal projections;
(iii) designed to be self-propelled or permanently towable by a light-duty
truck; (iv) not designed for use as a permanent dwelling but as temporary
living quarters for recreational, camping, travel, or seasonal use.
See also "recreational equipment."
[Added 9-5-2006 by Ord.
No. 2006-10]
A form of institutional use involving use of land or buildings
for religious activities conducted by religious organizations which
are not for profit, classified as tax exempt by the Internal Revenue
Service, and recognized and duly registered by the Commonwealth of
Pennsylvania.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
Flood-related damages sustained by a structure on two separate
occasions during a ten-year period for which the cost of repairs at
the time of each such flood event, on average, equals or exceeds 25%
of the market value of the structure before the damage occurred.
[Added 9-5-2006 by Ord.
No. 2006-10]
The dividing of a single-family detached dwelling into two
or more dwelling units, with the resulting units each having independent
kitchen, bath, and sleeping facilities. The intent is to provide an
alternative use for structurally sound, larger, older homes which
may no longer be able to function economically viably as a single
unit and which provide an excess amount of living space for today's
decreasing family size.
A building used for the purpose of furnishing to the public
meals to be consumed on the premises or for consumption elsewhere
facilitated by drive-through windows for service to customers in motor
vehicles.
A commercial establishment whose principal use is providing
food and/or beverages, with tables or take-out service, not including
drive-through service.
A commercial establishment having its primary function to
provide goods and merchandise to the general public where such goods
and merchandise are available for immediate purchase and removal of
the product from the premises by the customer.
See "adult housing/care facility."
An area of land, whether or not paved or otherwise improved
in any way, acquired by reservation, dedication, prescription or condemnation
and intended to be occupied by a street, crosswalk, railroad, electric
transmission lines, oil or gas pipeline, sanitary, storm sewer or
other similar public or private uses.
[Amended 4-19-2016 by Ord. No. 2016-6]
RIGHT-OF-WAY, ULTIMATEThe minimum width for a street or other corridor as required by state or federal regulations or as described in the Borough Subdivision and Land Development Ordinance,[5] which is expected to be needed in the future to adequately
and properly accommodate the anticipated vehicular and pedestrian
traffic and related appurtenances, based on the function of the street
in the circulation system, and is the line from which required setbacks
are measured.
The use of plant or landscaping materials, fencing, walls
and/or earthen berms to aid in the concealment of such features as
parking areas and vehicles within them, and to provide privacy between
land uses which abut one another.
The felling of certain, but not all, trees in an area for
the purpose of removing dead, diseased, damaged, mature, or marketable
timber or for improving the quality of a tree stand.
[Added 3-21-2006 by Ord.
No. 2006-5]
See "gasoline/service station."
See definition for "yard."
An improved pedestrian surface typically located adjacent
to a public roadway.
Any permanent or temporary structure or part thereof, or
any device attached, directly or indirectly, on a structure or other
surface, or anything painted or represented on any structure or other
surface, which structure, device, painting or representation displays
or includes any letter, artwork, insignia, flag or representation
which is in the nature of an advertisement, announcement, visual communication,
direction, identification of a structure, land use, place, business
or occupant or is designed to attract the eye or bring the subject
to the attention of the public for the purpose of visual communication,
including but not limited to a name plate, emblem, painting, banner,
flag, pennant, placard, billboard, poster and/or panel display. Flags
of any governmental unit and official street and traffic control signs
are excluded.
The area of a sign includes all lettering, wording and accompanying
designs and symbols, together with the background, whether open or
enclosed, on which they are displayed, but not including any supporting
frame or bracing which does not communicate any message or information
and is not part of the display itself, but only serves a structural
function. Where the sign consists of an individual letter or letters
or symbols attached to a surface, building, wall or window, the area
shall be considered to be that of the smallest rectangle which can
encompass the sign background and all the letters, symbols and graphics.
A sign identifying the street number and/or post office box
for the premises on which it is located.
A temporary sign which has its letter, symbol, or design
applied to cloth, canvas or other flexible material which is durable
and weather-resistant.
A structure utilized for advertising an establishment, an
activity, a product, or a service or entertainment which is sold,
produced, manufactured, available or furnished at a place other than
on the property on which the sign is located.
[Added 2-7-2012 by Ord.
No. 2012-1]
A sign whose message is exclusively limited to guiding the
circulation of motorists or pedestrians.
A sign constructed to display its message on either side
of the outer surface or on two opposite parallel planes no further
than 12 inches apart.
A sign, the illumination of which is designed not to be of
constant intensity at all times when in use and/or exhibits sudden
or marked changes in lighting effects. Illuminated signs which indicate
time, temperature or date information shall not be considered a flashing
sign unless other information on the sign would be a flashing sign
if displayed alone.
A sign supported by or suspended from a freestanding column
or other support(s) located in or upon the ground and not part of
or connected to a building or other structure.
A sign erected and maintained by a borough or county or the
state, including, but not limited to, official street signs and traffic
control devices.
A sign constructed directly on the ground surface or on a
pedestal, posts, or similar structure that is located on the ground
surface and is independent of any other structure. The lower edge
of any ground sign must not be more than 36 inches above the average
ground level at the base of the structure the sign is attached to.
A sign designed to radiate artificial light directly, or
through transparent or translucent material, from a source of light
within the sign, including but not limited to a neon sign, or a sign
illuminated by an external artificial source intended to illuminate
the sign.
A sign which directs attention to or communicates about a
business, commodity, service, entertainment or other use or activity,
done, to be done, conducted, sold or offered at a location other than
the premises on which the sign is located.
A sign attached directly to the wall of a building or other
structure, which sign or any part of its support structure extends,
at any point, more than 15 inches from the surface of such wall.
A temporary sign communicating information pertaining to
the sale or lease of the premises on which the sign is located.
A sign required by a municipal corporation with jurisdiction,
the state and/or any applicable statute, ordinance, governmental rule
or regulation, to be erected and maintained on a certain property.
A sign located upon or over the roof of any building or structure
and/or a sign with its primary support on the roof of a structure.
For purposes of this definition, "roof" shall include any pent roof,
parapet or structure designed to provide roof-like architectural details
for buildings.
Any sign or advertising display which is not permitted to
be permanent and/or which may be displayed for only a limited time.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms that background surface of, the sign and that does not
project more than 12 inches from such building or structure.
A sign which is visible to persons in vehicles or pedestrians,
on adjoining property or public sidewalks, and is located on the outside
or inside of a window in a building or structure, to direct attention
to a use conducted in or product sold in the building, including,
but not limited to, a sign affixed to or painted upon the interior
or exterior surface of a window or otherwise displayed through or
upon a window. For purposes of this definition, "window" means any
translucent and/or transparent surface in a building or structure.
The outline of a building from the side which it is being
viewed.
An individual, agent, association, firm, corporation, or
partnership having sufficient legal or equitable interest in any tract,
parcel, lot, premises, dwelling, or dwelling unit to seek development
of land.
The percentage of the change in vertical distance (rise)
over the horizontal distance (run), as measured between consecutive
contour lines expressed as a percentage. Slopes are delineated into
two categories:
MODERATE SLOPESPrecautionary slopes of 15% to 20% vertical to horizontal on the United States Geological Survey Topographic Maps.
STEEP SLOPESProhibitive slopes of greater than 20% vertical to horizontal on the United States Geological Survey Topographic Maps.
See "traditional Olde Town development."
Alluvial soils are soils delineated as such on the Soil Survey
of Chester, Delaware Counties, prepared by the United States Soil
Conservation Service.
Wet soils are soils delineated as such on the Soil Survey
of Chester, Delaware Counties, prepared by the United States Soil
Conservation Service.
A use which may be authorized by the Zoning Hearing Board, in accordance with Article XXVIII, when the applicant establishes that this chapter allows the proposed use by special exception and that the use complies with all the applicable standards and criteria.
An establishment which sells particular goods and services
in small quantities directly to the general public. Specialty stores
include a gift, art, craft, or antique shop; deli; florist; ice cream
parlor; clothing store; video store; bookstore; shoe repair service;
laundry; tailor; vegetable or fruit stand, and other such uses.
[Added 3-21-2006 by Ord. No. 2006-5]
Any tree greater than 30 inches DBH shall be considered "specimen
vegetation" for purpose of this chapter, regardless of species, except
that any tree of the species specified below shall be considered a
"specimen vegetation" where greater than 24 inches DBH.
|
Tree, Botanical Name
|
Common Name
| |
|---|---|---|
|
Aesculus hippocastanum
|
Common horsechestnut
| |
|
Betula pendula
|
White birch
| |
|
Carya cordiformis
|
Bitternut hickory
| |
|
Carya glabra
|
Pignut hickory
| |
|
Carya ovata
|
Shagbark hickory
| |
|
Carya tomentosa
|
Mockernut hickory
| |
|
Juglans cinerea
|
Butternut walnut
| |
|
Liquidambar styraciflua
|
Sweetgum
| |
|
Quercus montana
|
Chestnut oak
| |
|
Quercus prinoides
|
Chinquapin oak
|
In the context of a subdivision or land development review or
in consideration of any application for approval of special exception
variance, or conditional use, and upon the recommendation of a qualified
forester or equivalent professional, the Borough may designate as
additional specimen vegetation any tree or other plant selected as
uniquely representative of a class or group in terms of size, shape,
form, age, historical importance, scenic qualities, visual prominence
or other characteristics. Trees or other plants determined to be dead
or diseased or in any manner constituting a safety hazard shall not
be considered specimen vegetation.
The deposit of goods, materials, vehicles or products intended
for future disposition.
That part of a structure included between any floor and the
floor or roof next above. When applied to the permissible height of
buildings, the term "story" shall not include a basement if the floor
thereof is more than five feet below the average ground level around
the structure.
Any public or private right-of-way that is intended for vehicular
or pedestrian circulation to provide access to one or more lots and
also used to provide space for installation of improvements such as
sewers, other utilities, street trees and sidewalks. The term "street"
includes road, avenue, drive, lane, court, or similar terms.
[Amended 3-21-2006 by Ord. No. 2006-5]
The right-of-way line between a lot and a public or private
street.
[Amended 4-19-2016 by Ord. No. 2016-6]
A line along the center of a street which is equidistant
from and parallel to the street lines.
A private access that is constructed upon private property
and is to be used by and maintained by the owner or owners thereof.
[Amended 4-19-2016 by Ord. No. 2016-6]
Any dedicated vehicular right-of-way that is a federal, state
or municipal roadway, shown upon a plat approved pursuant to law or
approved by other official action.
Any change in or addition to the supporting of structural
members of a building, such as the bearing walls, partitions, columns,
beams, girders or enclosing porches or any change which would convert
an existing building into a different use, or which, in the case of
a nonconforming use, would prolong the life of such.
Anything constructed and built of materials in a matter that
would be expected to remain useful for an extended period of time,
including buildings, garages, sheds, fences, decks, and porches.
[Amended 4-19-2016 by Ord. No. 2016-7]
The working place of a painter, sculptor or photographer,
or a place for the study of art, including dancing, singing, acting
and music.
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 division by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street, easement of access or residential dwellings
shall not be included.
[Amended 3-21-2006 by Ord. No. 2006-5]
The Subdivision and Land Development Ordinance of Malvern
Borough, Chester County, Pennsylvania.[6]
Damage from any cause sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% or more of the market value of the structure before
the damage occurred.
[Added 9-5-2006 by Ord.
No. 2006-10]
Any reconstruction, rehabilitation, addition, or other improvement
of a structure, the cost of which equals or exceeds 50% of the market
value of the structure before the start of construction of the improvement.
This term includes structures which have incurred substantial damage
or repetitive loss regardless of the actual repair work performed.
The term does not, however, include any project for improvement of
a structure to correct existing violations of state or local health,
sanitary, or safety code specifications which have been identified
by the local code enforcement official and which are the minimum necessary
to assure safe living conditions.
[Added 9-5-2006 by Ord.
No. 2006-10]
This accessory use allows a smaller secondary dwelling unit
within an existing single-family detached dwelling or accessory building
on the same lot as the principal dwelling without substantial exterior
modification to the existing building. The purpose is to protect and
allow efficient use of the existing housing stock, and to provide
opportunity to allow housing to meet the specific housing needs of
Borough families and allow the owners to remain residents of that
dwelling and the Borough.
A club, a dominant feature of which includes a structure
or group of structures for swimming and other recreational purposes,
for the exclusive use of club members and their guests.
A structure designed, used, and maintained for swimming with
sides more than 18 inches in depth below the immediately surrounding
grade, or an aboveground pool with sides greater than 30 inches, and
the apparatus and equipment pertaining to the swimming pool.
An establishment serving alcoholic beverages in which the
principal business is the sale of such beverages at retail for consumption
on the premises and where sandwiches and snacks may be available for
consumption on the premises.
A temporary activity could include, but is not limited to,
special events, flea markets, public exhibitions, municipal activities,
nonprofit events, street fairs, festivals, fundraisers, and similar
organizational activities.
A temporary structure or use established for a finite period
of time with the intent to discontinue such use upon the expiration
of such time period. Temporary structures or uses may include, but
are not limited to: offices for contractors, bookmobile, mobile unit
for medical screening, political campaign headquarters, temporary
structures for business operations.
One or more contiguous lots within the Borough, assembled
for the purpose of unified development, including a multiuse development,
planned residential development, multifamily development, planned
shopping center, planned office park, industrial park, cluster development
or lot averaging development, or a mobile home park.
[Amended 4-21-2009 by Ord. No. 2009-3]
The total area of land contained within the legal limits
of the property lines of a tract or lot, exclusive of any land area
within a street right-of-way and before any required reductions.
A neighborhood development pattern or style, manifested by
an interconnected grid system of streets, alleys, and sidewalks; buildings
and dwellings placed on a shallow build-to line; front porches; shade
trees; and typically with parking in private detached garages accessible
from an alley.
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses.
The future or planned width of a public street, as shown
on the Official Map on file at the office of the Borough Secretary,
or as required by ordinance, whichever is greater.
The statewide building code adopted by the Pennsylvania General
Assembly in 1999 applicable to new construction in all municipalities
whether administered by the municipality, a third party or the Department
of Labor and Industry. Applicable to residential and commercial buildings,
the Code adopted the International Residential Code (IRC) and the
International Building Code (IBC), by reference, as the construction
standard applicable with the commonwealth floodplain construction.
For coordination purposes, references to the above are made specifically
to various sections of the IRC and the IBC.
[Added 9-5-2006 by Ord.
No. 2006-10]
A lot without a habitable or usable principal building or
existing use.
A room or rooms connected together within a building constituting
a separate, living area containing independent cooking and sleeping
facilities for one family and a separate entrance, physically separated
from any other dwelling units and located on the second floor or higher
above either a separate residential or commercial use located in the
same structure.
An activity or the specific purpose for which land or a building
is designed, arranged, intended or improved or for which it is or
may be occupied or used. Unless otherwise stated therein to the contrary,
where a use would fall within a generic use permitted by right, specially
or conditionally, in one or more districts but is specifically permitted
by right, specially or conditionally, in the same district on a more
restricted basis, the generic use shall not be construed to include
the use specifically permitted. For example and not by way of limitation,
a retail use would not be construed to include within its definition
a commercial kennel.
The primary use to which any lot or premises is devoted.
Any land used for the business of buying or selling two or
more secondhand motor vehicles owned by the property on which the
vehicles are being sold, or storing said motor vehicles prior to sale.
Permission or approval granted by the Zoning Hearing Board, in accordance with Article XXVIII herein, which allows a modification of, or deviation from, the exact provisions of this chapter, as applied to a specific piece of property.
A commercial use that involves the repair or service or maintenance
of automobiles, motorcycles, trucks, or similar vehicles, including
but not limited to body or fender work; muffler installation or repair;
oil change; lubrication; painting; tire service and repair; installation
of CB radios, car alarms, stereo equipment or cellular phones.
A medical facility specializing in the treatment of injury
and disease afflicting animals, especially domestic animals and household
pets.
Areas that are inundated or saturated by surface or groundwater
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation typically
adapted for life in saturate soil conditions, including swamps, marshes,
bogs and similar areas. For the purposes of this chapter, wetlands
are inclusive of areas with a slope of 1% or less comprised of hydric
soils.
The transitional area extending from the outer limit of the
wetland. For the purposes of this chapter, the wetlands margin shall
extend 100 feet from the wetland boundary or to the limit of the hydric
soils, whichever is less.
Any structure or set of equipment and network components,
including, but not limited to, antennas, transmitters, receivers,
base stations, underground cable, monopoles, distributed antenna systems,
data collection units, and accessory structures, the purpose of which
is to provide wireless data and telecommunications services. This
definition specifically excludes any such equipment for which the
sole purpose is to provide a facility for public emergency telecommunications.
[Added 5-19-2015 by Ord.
No. 2015-2]
A tree mass comprising a grove of 10 or more trees of at
least six inches DBH or 10 or more woodland canopy trees or any plant
community covering an area of 1/4 acre or more, in which tree species
are dominant or codominant and the branches of the trees form a complete,
or nearly complete aerial canopy. The extent of any woodland plant
community or any part thereof shall be measured from the outermost
drip line of all the trees in such plant community. "Woodland" shall
include any area where timber has been harvested within the previous
three years and/or woodland disturbance has occurred within the previous
three years which would have met the definition of woodland prior
to timbering or disturbance.
[Amended 3-21-2006 by Ord. No. 2006-5]
The aerial cover formed by the crowns of trees greater than
50 feet in height.
[Added 3-21-2006 by Ord.
No. 2006-5]
The individual trees greater than 50 feet in height, which
collectively form the forest canopy.
[Added 3-21-2006 by Ord.
No. 2006-5]
[Added 3-21-2006 by Ord. No. 2006-5]
Any activity which alters the existing structure of a woodland
or hedgerow. Alterations include the cutting or removal of canopy
trees, subcanopy trees, understory shrubs and vines, woody and herbaceous
woodland floor species as well as the removal of humus or duff from
the ground.
Any activity which constitutes a land disturbance (exposes soils,
alters topography) within a woodland or hedgerow.
Woodland disturbance does not include the following:
Removal of vegetation which constitutes hazardous condition(s);
nor
Selective cutting or removal of invasive alien trees, shrubs,
vines or herbaceous species including; Rosa multiflora (Multiflora
rose), Eleagnus umbellata (Autumn olive), Lonicera japonica (Japanese
honeysuckle), Celastrus orbiculatus (Oriental bittersweet), Acer platanoides
(Norway maple), Pueriria lobata (Kudzu) and Polygonum perfoliatum
(mile-a-minute weed).
A space which is open and unobstructed on a lot from the
ground to the sky, except for vegetation or authorized accessory structures,
along the lot lines and curbline and extending inward to a building.
FRONT YARDA yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the building setback, exclusive of overhanging eaves, gutters, cornices, steps or other such similar protrusion, not including porches, and parallel to the streetline.
REAR YARDA yard extending the full width of the lot along the rear lot line and extending in depth from the rear lot line to the building setback, exclusive of overhanging eaves, gutters, cornices, steps or other such similar protrusion, and parallel to the rear lot line.
SIDE YARDA yard extending the full depth of the lot along a side lot line and extending in width from such side lot line to the nearest point of the building setback, exclusive of overhanging eaves, gutters, cornices, steps or other such protrusion, and parallel to the side lot line.
The Zoning Hearing Board of Malvern Borough, Chester County,
Pennsylvania.
The official Zoning Map of Malvern Borough, Chester County,
Pennsylvania.
The officer or other designated authority or agent charged
with the enforcement of the Borough Zoning Ordinance.
The Zoning Ordinance of Malvern Borough, Chester County,
Pennsylvania.
[1]
Editor's Note: See 42 U.S.C. § 3601 et seq. and
43 P.S. § 951 et seq., respectively.
[2]
Editor's Note: See 42 U.S.C. § 3601 et seq. and
43 P.S. § 951 et seq., respectively.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq. and
68 Pa.C.S.A. § 5101 et seq., respectively.
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
[Added 12-4-2018 by Ord.
No. 2018-11]
For the purposes of calculating building coverage and lot coverage
under this chapter, such calculations shall completely exclude any
areas in:
A.
Any existing or proposed public streets or public street rights-of-way
and railroad rights-of-way; and
B.
Any easement, right-of-way, or other similar interest which satisfies
all of the following criteria:
(1)
The easement or right-of-way runs with the land, is not personal
to the grantee, and is not terminable upon the occurrence of any event
beyond the control of the grantee; and
(2)
The easement or right-of-way is described in a recorded instrument,
a decision or order of the Courts, or otherwise a matter of public
record; and
(3)
The extents and dimensions of the lands encumbered by the easement
are specifically described and are not conterminous with the encumbered
parcel; and
(4)
The easement or right-of-way is intended to either:
