Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated. The present tense includes the future; the singular number
includes the plural, and the plural the singular; the word "building"
includes the word "structure"; and the word "occupied" includes the
words "designed and intended to be occupied"; the word "used" includes
the words "arranged, designed or intended to be used"; the word "shall"
is always mandatory.
A nonconforming use shall be presumed abandoned when it has
been discontinued, with a clear intention of not being resumed, for
a period of at least one year. It shall be presumed that a nonconforming
use has not been abandoned if it can be demonstrated that the use
has been consistently in use or that a genuine effort had been made
to sell, lease, remodel or otherwise maintain the use.
Any structure which is next to, contiguous or neighboring to the subject property. For the purposes of Article IV, TR Traditional Residential Infill Overlay District, "adjacent" includes dwellings on either side, across the street, and to the rear of the subject property.
This term shall include any of the following uses: adult
bookstore, adult movie theater, massage parlor or adult live entertainment
facility/use.
Any change in the existing facilities, structural parts or
mechanical equipment which does not increase the cubic content of
a building.
Any structure, construction mechanism or thing attached to
a building, such as a chimney, smokestack, antenna, satellite dish,
flagpole, weather vane and/or meteorological equipment.
Buildings containing three or more dwelling units which are
rented from a common owner.
An above-grade platform enclosed by a railing or balustrade
that projects from the wall of a building and is used primarily for
private recreational purposes and/or for access to above-grade dwelling
units in multifamily dwellings, hotels or the like. When a balcony
is fully enclosed by a roof and walls, it is considered part of the
unit it serves.
A story (floor) of a building which is at least partly underground,
having less than half its clear height above grade on at least one
side.
The duly elected Borough Council of the Borough of Jenkintown,
County of Montgomery, Commonwealth of Pennsylvania.
A structure with a roof.
ACCESSORY BUILDINGA building subordinate to the main building on a lot and used for purposes customarily incidental to those of the primary building.
PRIMARY BUILDINGA building, of which there may be more than one on a single lot, in which is conducted the predominant use or purpose of the lot on which the building is located.
The aggregate of the lot area which is covered by all of
the buildings on a lot, measured at the greatest outside dimensions,
including all attached structures.
Building coverage shall be computed by determining the first
floor area of any and all structures intended to be used or occupied
on a permanent or temporary basis, and shall include but not be limited
to buildings, sheds, pool houses and garages.
A line extending through the lot, is generally parallel to
the front property line, and denotes the location of the building
front. It is also the rear line of the minimum front yard as herein
designated for each district.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses
but may include business offices, real estate sales, travel agencies,
insurance sales, photographic studios and/or television or radio broadcasting
studios.
A community historic structure can be one of the three following
types of structures. A list of community historic structures is maintained
as the local historic resource inventory or study at the Jenkintown
Borough Hall and may be updated from time to time.
LANDMARK BUILDINGA building or structure of significant character or special aesthetic quality, historical interest or cultural value to Jenkintown.
HISTORIC BUILDINGA building that contributes to the historic character of Jenkintown by virtue of scale, rhythm and state of preservation of original details.
CONTRIBUTING BUILDINGA building that contributes to the small-town atmosphere by virtue of scale, but may be lacking in qualities to elevate it to a higher category.
Buildings in which individual dwellings are independently
owned and share ownership and maintenance of certain common elements.
Outside or home care provided for children 16 years of age
and younger, excluding care provided by relatives, for only a part
of a twenty-four-hour day.
DAY-CARE CENTERA facility which is licensed by the Commonwealth of Pennsylvania to provide day care and in which day care is provided for seven or more children, 16 years old or younger, in a person's primary residence, or in which day care is provided in a location which is not the primary residence of the provider.
HOME DAY CAREA facility which is licensed by the Commonwealth of Pennsylvania for the provision of day-care services in a person's primary place of residence, for compensation, for not more than six children, 16 years old or younger.
An open structure, above ground level, at ground level or
elevated, and used primarily for private recreational purposes, which
is located in the front yard, side yard, rear yard or courtyard of
a property used for residential purposes, which is not part of the
occupied area of the residential structure but which meets all side,
rear, front and setback limitations imposed herein and which may not
be enclosed by walls and/or a roof above the usable surface of the
deck nor enclosed below by walls below the usable surface; provided,
however, that decks may be enclosed by a fence/railing no more than
42 inches in height.
A building designed for and occupied exclusively for residence
purposes.
ATTACHED DWELLING/TOWNHOMEA building designed for and occupied exclusively as a residence for only one family which is part of a structure of three or more units joined horizontally to each other at one or more sides by a party wall or walls.
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
SINGLE-FAMILY SEMIDETACHED DWELLING/TWINA building designed for and occupied exclusively as a residence for only one family and having one party wall in common with an adjacent building.
TWO-FAMILY DETACHED DWELLING/DUPLEXA building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having no party wall in common with an adjacent building.
One or more rooms, designed, occupied or intended to be occupied
as living quarters, with cooking, sleeping, and sanitary facilities
provided within the dwelling unit.
[Added 3-18-2013 by Ord. No. 2013-3]
A group home devoted to the care of senior citizens.
[Amended 9-24-2012 by Ord. No. 2012-6]
Any number of individuals living together on a nontransient
basis as a single housekeeping unit and doing their cooking on the
premises, when said individuals are related by blood, marriage or
adoption, including any number of foster children; or no more than
five unrelated individuals living together as a single housekeeping
unit and doing their cooking on the premises, except when an application
for a special exception to enable a greater number of unrelated individuals
to occupy a dwelling unit is reviewed and approved by the Zoning Hearing
Board, as provided in this chapter. The definition of "family" shall
not apply to the occupants of a club, fraternity house, lodge or residential
club.
Notwithstanding the definition in Subsection A of this definition, a family shall also be deemed to include any number of mentally or physically handicapped persons occupying a dwelling unit as a single, nonprofit housekeeping unit, if such occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988.
A structure that is an artificially constructed barrier of
any material (man-made and/or vegetative) or combination of materials
erected to enclose, screen or decorate areas of land. Fences shall
not have any building walls, floors or roofs.
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.
PRIVACY FENCEA fence located in a residential zoning district or lot which is intended to block from view portions of a lot for outdoor living areas.
PROTECTIVE FENCEA fence for the enclosure of nonresidential properties and uses, for preventing entry into a commercial swimming pool, for providing a safety barrier from dangerous commercial or manufacturing activities, for security from theft or vandalism or for enclosing an attractive nuisance.
RESIDENTIAL SWIMMING POOL FENCEA fence which encloses a residential swimming pool in accordance with this chapter.[1]
TEMPORARY FENCEA fence for the enclosure of construction activities or abandoned or condemned properties.
WALLA fence that is constructed of masonry or stone.
LIVING FENCEA barrier or enclosure which is made or comprised of living biologic material, such as hedges, shrubs or bushes or any similar vegetation or growth which is sufficiently dense to prohibit or restrict the passage of light.
The sum of the gross horizontal areas of each floor of a
building, measured from the exterior walls or from the center line
of party walls. The term does not include any area used exclusively
for the parking of motor vehicles (surface or structured parking).
The ratio of gross building floor area of all structures
on a lot to the total land area of the lot on which it sits. FAR is
used to regulate building volume (see illustration below). For example,
if a ten-thousand-square-foot lot has a FAR of 2.0, then a developer
can only construct a building that has a total floor area of 20,000
square feet.
 |
That portion of a lot covered by a building at the ground
level, measured on a horizontal plane. This includes porches, decks
and balconies but not trellises and patios.
PRIVATE GARAGEA building used exclusively for the storage of one or more automobiles, to include cars, minivans, vans or small pickup trucks, owned and used primarily as private transportation and not vehicles generally used for commercial purposes by the owner or tenant of the lot on which said garage is erected as and for an accessory use of the lot and/or for the storage of not more than one additional automobile owned or used by others if they are stored in the same room in which the automobile or automobiles of the owner or tenant of the lot are stored.
PUBLIC GARAGEA building, other than a private garage, used for the storage, sale, service or repair of automobiles or other vehicles.
Any area of land, including structures thereon or any building
or part thereof, that is used for the retail 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. This
shall also include any facility which, in addition to the sale of
gasoline, also has mini market convenience market facilities for the
sale of food and other household products.
A residential facility used as living quarters by any number
of unrelated persons requiring special care, and their attendant adult
supervisors, specifically designed to create a residential setting
for the mentally and physically handicapped (as a special exception).
The individuals may be either transient or permanent residents. Any
number of handicapped persons, as defined in Title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing Amendments Act
of 1988, have the right to occupy a dwelling unit in the same manner
and to the same extent as any family unit.
[Amended 9-24-2012 by Ord. No. 2012-6]
An ancillary structure's (including, but not limited
to, antennas, satellite dishes or similar structures) height shall
be measured from the highest point above the ground of such structure
and/or its support(s) and/or superstructure and the lowest point of
the building or structure to which it is ancillary.
A building's vertical measurement from the mean level
of the ground abutting the building to a point midway between the
highest and lowest point of the roof. Chimneys, spires, towers, elevator
penthouses, tanks, satellite dishes and similar vertical projections
(including typical residential television antenna) shall not be included
in calculating the height.
Impervious coverage shall include all of the square footage
under the definition of building coverage, plus driveways, decks that
do not allow rain water to be directly absorbed by the ground, patios,
sidewalks, walkways, decking surrounding swimming pools, tennis courts,
basketball courts or other similar facilities constructed with an
impervious surface.
A parcel of land consisting of a horizontal plane bounded
by vertical planes which comprise its front, side and rear lot lines
and which is intended or designed to be used, developed, built upon
or occupied.
FRONT OF LOTThe edge of a lot which borders on a street or highway. In the case of a corner lot, the front shall be designated by the Borough Zoning Officer.
REAR OF LOTThe edge of a lot opposite the front. In the case of a triangular lot, the rear shall be designated by the Borough Zoning Officer.
SIDE OF LOTThe edge(s) of a lot running from the front of the lot to the rear of the lot.
The total horizontal area of the lot lying within the lot
lines, provided that no area of land lying within any street or right-of-way
shall be deemed a portion of any lot area. The area of any lot abutting
a street shall be measured to the street line only.
A property boundary line of any lot held in single and separate
ownership, except that, in the case of any lot abutting a street,
the "lot line" for such portion of the lot as abuts the street shall
be deemed to be the same as the street 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 property boundary line.
The width of a lot measured at the setback line.
Any lawful occupation constituting, either entirely or partly,
the livelihood of a person, which is conducted in the practitioner's
principal residence as an incidental use. A low-impact home occupation
may not involve more than one commercial visit per hour and a maximum
of four commercial visits to the premises per day, with all visits
falling between the hours of 9:00 a.m. and 9:00 p.m. Commercial visits
include customer visits and service or package deliveries.
Act 16 of 2016, 35 P.S. § 10231.101 et seq.
[Added 4-24-2017 by Ord.
No. 2017-1]
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 4-24-2017 by Ord.
No. 2017-1]
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises in excess of those normally associated with
residential use.
A structure or part of a structure which presently does not
comply with the applicable provisions of this chapter or amendments
thereto, where such structure lawfully existed prior to the enactment
of this chapter or its amendment.
A lot, the area and/or dimension of which presently does not
comply with the applicable provisions of this chapter or amendments
thereto, where such structure lawfully existed prior to the enactment
of this chapter or its amendment.
A use of land or a structure which does not comply with the
applicable provisions of this chapter or amendment thereto, where
such use was lawful prior to the enactment of this chapter or its
amendment.
An outdoor area or space for the parking of motor vehicles,
including spaces, aisles and driveways, provided that spaces shall
not be provided in any setback area, side yard or front yard required
herein.
A portion of a parking lot to be utilized for the parking
of a motor vehicle and having dimensions of at least nine feet by
18 feet (162 square feet).
An open area at ground level, used primarily for private
recreational purposes, which is located in the front yard, side yard,
rear yard or courtyard of a property used for residential purposes,
but not necessarily attached to the dwelling, and which shall not
be enclosed by walls or a roof. A patio is not part of the occupied
area of the residential structure, is not factored into the calculation
of footprint, but meets all side, rear, front and setback limitations
imposed herein.
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barbershops and beauty shops, photography studios, shoe repair shops,
household appliance repair shops, and other similar establishments,
but shall not include any "adult uses," as herein defined.
An open structure attached to a dwelling, which has a roof
and may be screened/open.
An office for a physician, lawyer, dentist, architect, professional
engineer, planner or other such profession, provided that no goods,
equipment, merchandise or material associated with such practice may
be displayed, stored or sold on the lot on which the structure is
located.
A capital rail station facility that improves the efficiency
of and encourages the use of public transportation.
Used to determine the required yard setbacks if using Option
2 of the Traditional Residential Infill Overlay District.[2] It is to be specified by the maximum and minimum values
of the reference dwellings' setbacks. Any number that is between
these two values is within the range and shall include the minimum
and maximum values. (Example: reference dwelling 1 has a front yard
setback of 20 feet; reference dwelling 2 has a front yard setback
of 15 feet. The front yard setback for the new dwelling may be any
number of feet from 15 to 20 feet.)
Recreational vehicles, campers, trailers or similar mobile
homes or camping equipment, either self-propelled or intended to be
loaded upon, carried or pulled or otherwise transported by a motorized
vehicle.
Structures adjacent to the subject property.
A use in which merchandise is sold or rented to the general
public, but excluding adult movie theaters, adult bookstores, drive-through
facilities.
The total width of any land reserved or dedicated as a street,
alley or crosswalk or for any other public purpose.
A public, private or parochial institution dedicated to the
education and training of children and/or adults, which is approved
and accredited for the educational purposes which it is intended to
perform by the Commonwealth of Pennsylvania.
The rear line of the minimum front yard, as herein designated
for each district.
Please refer to Article XXI, Signs, for all applicable definitions.
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board
is empowered to grant permission for special exceptions, consistent
with the public interest, in compliance with the standards and procedures
established by this chapter.
That part of a building between any floor and the floor or
roof next above it.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally opened
and officially plotted, or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots,
each held in single and separate ownership, have the right-of-way;
also known as the "ultimate right-of-way."
Any form or arrangement of building materials built, constructed
or erected which requires location on the land or attachment to something
located on the land, including but not limited to buildings.
Any constructed pool used for swimming or bathing which has
a depth in any part of 24 inches or more, including any decks, ladders
or other structure attached to or otherwise an integral part of the
swimming pool.
The future or planned width of a highway in the public domain,
as shown on the official Ultimate Right-of-Way Map on file at the
Borough office.
The purpose or purposes for which either land or structures
thereon are occupied, arranged, designed or intended or for which
either land or structure is or may have been acquired or occupied.
ACCESSORY USEA use subordinate to the primary use of land or of a structure on a lot and customarily incidental and complementary thereto.
PRIMARY USEThe dominant use of a lot and the structures contained thereon, which use is likely or customarily to be the use for which the lot would be purchased.
Written approval of the Zoning Hearing Board authorizing
relief from the literal interpretation and enforcement of the provisions
of this chapter, which are expected to be granted in only the most
exceptional of circumstances where the literal interpretation and
enforcement of this chapter would cause extreme practical difficulty
and undue hardship.
The required open, unoccupied space on a lot which is open
and unobstructed by buildings from the ground to the sky.
FRONT YARDA yard, the width of which is measured from one side line of the lot to another side line of the lot, located between the street line and the front of any building, not less in depth for its entire width than the minimum distance required between the street line and the build-to line in each district. If in reference to a corner lot, the Borough Zoning Officer shall have the authority to designate the yard to be considered the front yard.
SIDE YARDA yard between any building and the side line of the lot or the nearest side line of a street, driveway or alley, extending from the front yard to the rear yard and not less in width for its entire depth than the required side yard minimum width in each district.
REAR YARDA yard, the width of which is measured from one side line of the lot to another side line of the lot, located between the extreme rear line of any building and the extreme rear line of the lot, or the nearest side line of a street, driveway or alley, not less in depth for its entire width than the required rear yard minimum depth in each district. In the case of a triangular lot, the Borough Zoning Officer shall designate which yard shall be considered the rear yard.
