For purposes of this chapter, certain words
shall be interpreted as follows:
A.Â
Words used in present tense include the future.
B.Â
The singular number includes the plural and the plural
includes the singular.
C.Â
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," and "occupied for."
D.Â
The word "person" includes an individual, corporation,
partnership, incorporated association, and/or any other similar entity.
E.Â
The words "include" or "including" shall not limit
the term to the specified examples, but are intended to extend the
meaning to other instances of like kind and character.
F.Â
The word "building" shall always be construed as if
followed by the words "or part thereof."
G.Â
The word "may" is permissive, and the words "shall"
and "will" are always mandatory.
Words and terms used in this chapter shall have
the meanings given in this article. Unless expressly stated otherwise,
any pertinent word or term not a part of this listing, but vital to
the interpretation of this chapter, shall be construed to have its
legal definition, or, in absence of a legal definition, its meaning
as commonly accepted by practitioners, including civil engineers,
surveyors, architects, landscape architects, and planners.
A privately owned, constructed, and maintained vehicular
access from a public or private right-of-way to off-street parking
or loading spaces.
For accessory structures with 750 square feet or more of
area, the definition of "building height" is the same as for primary
structures. For accessory structures with less than 750 square feet
of area, the building height is determined as the vertical distance
for the maximum elevation of the existing grade at the location of
the building to the highest point of a flat or multilevel roof; for
gable, hip or gambrel roofs, measured to the average height between
the eaves and ridge. Residential chimneys, mechanical penthouses,
and similar projections not intended for human occupancy shall be
excluded.
[Amended 6-2-2015 by Ord.
No. 15-04]
A use on the same lot and customarily incidental and subordinate
to the principal use.
A piece of land which does not comply with the minimum lot
width regulations of this chapter, but which provides physical access
to, and legal road frontage for, a lot in compliance with this chapter's
requirement for access to a public street. Access strips provide access
to flag lots, also known as "rear" or "interior" lots. The area of
an access strip shall not be included in the minimum lot area required
under the provisions of this chapter.
An extension or increase in floor area or height of a building
or structure.
ADULT ARCADEAny place to which the public is permitted or invited wherein coin operated or slug operated, or electronically, electrically or mechanically controlled, still or motion-producing devices are maintained to show images to five or fewer persons per machine at any one time, or where the image is so displayed or distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.
ADULT CABARET, DANCE HALL, PRIVATE CLUB, BAR, GENTLEMEN'S BAR, TAVERN, NIGHTCLUB, RESTAURANT OR SIMILAR COMMERCIAL ESTABLISHMENTAny type of establishment offering adult entertainment which entertainment is used for the presenting of material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by patrons therein whether or not liquor is sold on the premises. Such presentation or material may be live or through films, motion pictures, video cassettes, slides, or other photographic reproduction depicting or describing specified sexual activities or specified anatomical areas.
ADULT ENTERTAINMENTLive or non-live entertainment containing specified sexual activities or displaying or presenting specified anatomical areas. This definition is a broad overall definition, which includes the activities adult cabaret, dance hall, private club, bar, gentlemen's bar, tavern, nightclub, restaurant or similar commercial establishment, adult materials sales, adult motion-picture theater, adult mini motion-picture theater, peep show, adult motel, and sexual encounter center as part of its definition for adult entertainment.
ADULT MINI MOTION-PICTURE THEATERAny structure which houses a commercial establishment with the capacity for fewer than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by patrons therein.
ADULT MOTELA hotel, motel, or similar commercial establishment which offers accommodation to the public for any form of consideration, provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAny structure which houses a commercial establishment with the capacity for 50 persons or more, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by patrons therein.
APPLICANTA person who applies by filling out an application for a permit for an adult entertainment use.
The opening or commencement of any adult entertainment
as a new business.
The conversion of an existing business, whether
or not an adult entertainment business, to an adult entertainment
business.
The addition of any adult entertainment business
to any other existing business.
The relocation of any adult entertainment business.
NUDITY or STATE OF NUDITYThe appearance of the specified anatomical areas without any coverings on the body area.
PEEP SHOWAny structure which houses a commercial establishment with the capacity for one or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting or describing specified sexual activities or specified anatomical areas, for observation by parties therein.
SEMINUDE or SEMINUDITYState of dress in which clothing partially or opaquely covers specified anatomical areas.
SEXUAL ENCOUNTER CENTERA business or commercial enterprise that as one of its primary business purposes offers for any form of consideration:
SPECIFIED ANATOMICAL AREASHuman genitals, pubic region, anus, buttocks, female breast(s) below a point immediately above the top of the areola and/or female breast(s) partially or completely covering the areola, or human male genitals in a discernibly turgid state, even if completely or opaquely covered.
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry, and the necessary accessory uses
for packing, treating, and storing the produce; provided, however,
that the operation of any such accessory uses shall be secondary to
that of the normal agricultural activities.
A minor, vehicular right-of-way, public or private, on which
no principal structures front, which serves as the secondary means
of access to two or more properties which otherwise front on a public
street.
As applied to building or structure, a change or rearrangement
in the structural parts or mechanical equipment, or any enlargement
or diminution of a building or structure, whether horizontally or
vertically, or the moving of a building or structure from one location
to another.
A place where animals or pets are given medical or surgical
treatment and the boarding of animals is limited to short-term care
incidental to the hospital use.
The raising and keeping of livestock, fish, fur-bearing animals,
honey bees, or poultry for any commercial purpose. The keeping of
livestock, fish, fur-bearing animals, honey bees, or poultry as farm
pets or for domestic purposes shall not be construed as animal husbandry.
An apparatus, external to or attached to the exterior of
a building, together with any supporting structure, for sending or
receiving electromagnetic waves.
The area which lies between the satellite dish antenna and
an orbiting satellite.
A person who has filed an application for approval of subdivision
or land development plans, including his/her heirs, successors, agents,
and assigns. The term also includes landowner, developer, builder,
and/or other persons responsible for the plans and construction of
buildings or other improvements on any parcel of land.
An underground bed or stratum of earth, gravel, or porous
stone that contains water.
The exposed ground level portion of an aquifer.
A building containing a stage and seating for meetings and/or
performances.
Any premises used for supplying gasoline and oil, tires,
accessories and services for motor vehicles at retail direct to the
motorist consumer.
Includes savings and loan, finance companies, credit unions
and other similar financial or fiduciary institutions.
The minimum value with which to calculate both tract density
and lot area. If none of the items which are excluded from lot area
determination are located on the tract, the base density is the minimum
acreage required for an acceptable lot.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6Â 1/2 feet. A space which does not meet
the above criteria is a cellar.
A use accessory to a single-family detached dwelling that provides overnight guest accommodations including daily breakfast or brunch, as regulated by § 170-26, Bed-and-breakfast accommodations, of this chapter.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways, or any
other barrier to development.
A commercial use consisting of a single dwelling unit and
no more than five rooms or suites, accommodating no more than 10 lodgers,
where lodging is provided with or without meals to tenants for periods
generally longer than 30 days, for compensation.
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, "buffer" may be included as part
of the required setbacks and yard areas.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind or nature.
(See "accessory building" and "principal building.")
The Building Inspector or other person officially appointed
by the Township Board of Supervisors to administer and enforce the
Township building code.[1]
The ratio obtained by dividing the maximum horizontal cross-section
of all principal and accessory buildings on a lot (including balconies
and decks, covered porches, carports and breezeways, but excluding
patios) by the net lot area of the lot upon which the buildings are
located. Building coverage is expressed as a percent.
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot not
found in the yard areas and rights-of-way.
See "Building Code Official."
The line which serves as the rear boundary of the minimum
front yard. (See also "yard line.") For the purposes of measuring
lot width at the building line the following apply:
For wedge-shaped lots which are narrower at
the street than at the rear property line, the building line may be
moved back from the minimum front yard depth to a point where the
lot width equals the minimum required for the district, provided that
at least 50 feet of street frontage is provided and the lot complies
with all other dimensional requirements of the district.
Where "rear" or "interior" lots are permitted,
the building line shall be oriented as parallel or concentric to the
street from which access is provided as is feasible, and set back
from the intervening property line at least the minimum front yard
depth.
Tree diameter measured 2Â 1/2 feet from the ground.
The person responsible for the direct care, protection, supervision,
and guidance of children in a day-care setting.
A building open on two or more sides and used in conjunction
with a dwelling for the storage of private motor vehicles.
The portion of a street or highway right-of-way designed
for vehicular traffic, typically paved.
The portion of a building which is partly or completely below
grade, and having more than 1/2 of its height below grade. (See "basement.")
Land used or intended to be used for the burial of the deceased,
including columbariums, crematories, mausoleums, and mortuaries when
operated in conjunction with the cemetery and within its boundaries.
A sewage disposal network and facilities, or water supply
network serving a group or series of property owners in common; may
be publicly or privately owned.
A person under 16 years of age.
See "day-care facilities."
One or more buildings or structures which by design and construction
are primarily intended for the conducting of organized religious services
and accessory uses associated therewith.
A group of people organized for a common purpose to pursue
common goals, interests, or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and/or bylaws.
An alternative development method wherein structures are
arranged in closely related groups, reducing lot sizes, preserving
land for open space, and permitting more imaginative site design than
may be possible under standard development.
The Lower Frederick Township Comprehensive Plan and amendments
thereto, including maps, charts, and/or descriptive matter officially
adopted by the Township Planning Commission and Township Supervisors,
intended to express the policies that guide future development of
the Township, including all elements required by the Pennsylvania
Municipalities Planning Code.[2]
A form of permitted use, authorized by this chapter, under
the jurisdiction of the Board of Supervisors. The Board of Supervisors
is empowered to grant permission for conditional uses, consistent
with the public interest, in compliance with the standards and procedures
established in this chapter, following thorough examination of the
proposal, and under any reasonable safeguards necessary to implement
the purposes and intent of this chapter and to protect the general
welfare.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under either the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act.[3]
The construction, conversion, reconstruction, renovation,
repair, extension, expansion, alteration or relocation of a building
or structure, including the placement of mobile or manufactured homes.
Sharing a boundary. For the purposes of this chapter, properties
on opposite sides of a public right-of-way shall not be considered
contiguous.
The remodeling or alteration of a structure so as to accommodate
more leasable or saleable units or a different use than what had originally
been intended for the structure. Includes the alteration of a nonresidential
structure into a dwelling unit(s) for at least one family, the modification
of a single-family structure to accommodate more units than originally
intended, the alteration of existing dwellings into a commercial use,
and the alteration of an existing dwelling into a mixed commercial
and residential use.
A lot having contiguous frontage on two or more intersecting
roads.
The County of Montgomery, Commonwealth of Pennsylvania.
A drain, ditch, or conduit not incorporated in a closed system,
that carries drainage water under a driveway, roadway, or paved area.
An amendment, submitted either by a citizen or by the Township,
to be considered by the Board of Supervisors as a potential cure for
a successful challenge to the substantive validity of a land use ordinance.
A substantive challenge to the validity of the land use ordinance
and/or map, brought before the Zoning Hearing Board for consideration.
The following types of day-care facilities are regulated
by this chapter:
CHILD DAY-CARE CENTERA facility in which care is provided for seven or more children, at any one time, where the child care areas are not being used as a family residence.
GROUP DAY-CARE HOMEA facility in which care is provided for more than six but less than 12 children, at any one time, where the child care areas are being used as a family residence.
FAMILY DAY-CARE HOMEAny premises other than the child's own home, operated for profit or not for profit, in which child day care is provided at any one time to four, five, or six children, who are not relatives of the care giver.
A unit which describes the sound pressure level or intensity
of sound. A sound level meter is calibrated in decibels.
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
A restriction upon the use of a property placed in a deed.
The distance between the ground surface and the solid rock
underlaying the looser material of the earth's surface. Shallow depth
to bedrock is an area in which bedrock is located at or near the ground
surface.
A facility for the temporary storage of stormwater runoff.
A rapid build-up of a destructive pressure wave caused by
chemical reaction and/or the sudden release of energy.
Any man-made change to improved or unimproved real estate
including buildings or other structures, streets and other paving,
utilities, mining, dredging, filling, grading, excavation, or drilling
operations.
The provisions for guiding development, including a plan
of subdivision, all covenants relating to use, location and bulk of
buildings and other structures, intensity of use or density of development,
streets, parking facilities, ways, common open space, and public facilities.
A basic igneous rock, locally called ironstone. It is composed
essentially of plagioclase feldspar and augite and of small quantities
of magnetite and spatite. Known for its hardness, compactness, and
resistance to fracturing and faulting, it has a very low porosity
and permeability rate.
The natural or man-made features of land that are specifically
designed to store or carry surface water runoff.
An establishment which by design, physical facilities, service,
or by packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
motor vehicles.
A private cartway providing vehicular access between a public
street and a lot, property, or development.
For the purposes of this chapter, the following are the definitions
of the various types of dwelling units:
SINGLE-FAMILY DETACHED DWELLING UNITA building designed for and occupied exclusively as a residence for only one family and not attached to any other building or dwelling units. Single-family detached dwelling units include the following alternative types only in those districts that list them as permitted dwelling types:
[Amended 7-25-2006 by Ord. No. 06-09]
LOT LINE HOUSEA single-family detached dwelling unit on an individual lot, with the building set on or near one side lot line so that the lot has only one usable side yard. Lot line houses typically have the following characteristics:
VILLAGE HOUSEA single-family detached dwelling unit of two or more stories on an individual lot, with architectural features and placement intended to replicate the character of older homes in historical village settings. Village houses shall have the following characteristics:
A roofed, unenclosed front porch, at least seven
feet deep, running across at least three-quarters of the housefront.
A shallow front yard setback with the front
yard defined by an ornamental fence or hedge planting, and/or raised
above sidewalk grade by at least 18 inches with a retaining wall.
Garage located to the rear of the house, generally
with access from an alley.
PATIO HOUSEA single-family detached dwelling unit on an individual lot, with side and rear yard areas enclosed for privacy by walls at least seven feet high located on the side and rear lot lines.
TWO-FAMILY BUILDINGA residential building containing two dwelling units and which is not attached to any other building. A two-family building counts as two dwelling units for density purposes.
TWIN (SINGLE-FAMILY SEMIDETACHED)A two-family building with dwelling units placed side-by-side, and joined to each other by a vertical common party wall, but otherwise surrounded by yard areas. When lotted, each dwelling unit may be on a separate lot, with the common boundary between the two lots running along the common party wall. Separate ingress and egress is provided to each unit.
DUPLEX (TWO-FAMILY DETACHED)A two-family building with one dwelling unit placed above the other so that they share a common horizontal partition. When lotted, a duplex shall be entirely on one lot. Separate ingress and egress is provided to each unit.
TWO-FAMILY SEMIDETACHED BUILDINGA residential building containing four dwelling units, configured the same as a twin, but with two dwelling units in each half of the building, arranged the same as dwelling units in a duplex. A two-family semidetached building counts as four dwelling units for density purposes. When lotted, two dwelling units are on each lot.
[Added 7-25-2006 by Ord. No. 06-09]
SINGLE-FAMILY ATTACHED DWELLING UNITA dwelling unit having its own independent outside access, with no other dwelling units located directly and totally above or below it, and having party walls in common with at least one but not more than three adjacent similar dwelling units, and located in a building comprised of at least three dwelling units. This dwelling type shall include, but not be limited to, dwelling units commonly known as townhouses, rowhouses, triplexes, quadruplexes, and multiplexes.
[Amended 7-25-2006 by Ord. No. 06-09]
TOWNHOUSE (ROWHOME)A single-family attached dwelling in a row of at least three units, with each dwelling unit occupying the area from ground to root, with individual outside access.
MULTIPLEXAn attached dwelling arranged in a group of no more than six units, in a variety of configurations: side-by-side, back-to-back, or vertically. Because of the variety of configurations, a multiplex can be designed to look like a large, single-family detached house, a feature which is encouraged by this chapter.
ATRIUM HOUSEA single-family attached dwelling with the following characteristics:
An atrium created by building walls and freestanding
walls as a private outdoor area for each dwelling unit, with minimum
dimensions of 20 feet in width and 500 square feet in area.
All essential living areas contained on one
story, with windows and/or doors providing access to the atrium. Walls
of adjoining dwelling units shall not have window or doorway access
to the neighboring atrium.
MULTIFAMILY BUILDINGA detached residential building containing three or more dwelling units. Units may not be arranged entirely in horizontal rows (like townhouses), and are generally located entirely above or below one another. Units may share outside access and/or internal hallways, lobbies, and similar facilities. The dwelling units cannot be individually lotted, but instead share the lot or tract on which the building containing them is located. The development is usually under one operating unit, as rental or condominium development. This dwelling type includes garden apartments, flats, and multifamily conversions.
APARTMENTA single dwelling unit in a multifamily building; a single dwelling unit in a duplex may also be referred to as an apartment.
MANUFACTURED HOMEA structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length, or when erected on site is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a single-family detached dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. Manufactured homes shall comply with "The Manufactured Home Construction and Safety Standards" as promulgated by the United States Department of Housing and Urban Development (HUD). For zoning purposes, manufactured homes are regulated under Article III, § 170-38.1, Installation of manufactured homes, and a mobile home shall be considered a manufactured home. This definition specifically excludes motor homes, travel trailers, and recreational vehicles.
[Added 7-25-2006 by Ord. No. 06-09]
One or more rooms, designed, occupied or intended to be occupied,
whether permanently or seasonally, as separate living quarters, with
cooking, sleeping, and sanitary facilities provided within the dwelling
unit for the exclusive use of a single-family maintaining a household.
A vested or acquired right to use land other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
A material which produces flammable or explosive gases or
vapors under ordinary temperature conditions, and includes liquids
which have a closed cup flash point of less an 105° F.
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; 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 herein.
Notwithstanding the definition in the preceding
paragraph, 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 Act of 1988." Such unrelated individuals
shall have the right to occupy a dwelling unit in the same manner
and to the same extent as any family unit as defined in the first
paragraph of this definition.
See "day-care facilities."
A structure that is an artificially constructed barrier of
any material or combination of materials erected to enclose, screen
or decorate areas of land. "Fences" shall not have any building walls,
floors, or roofs.
BOUNDARY FENCEA fence lying parallel to a property line for the purpose of enclosing a parcel of ownership.
DECORATIVE FENCEA fence which is located in any yard of a parcel, and designed to be aesthetically attractive.
PRIVACY FENCEA fence which is located in a residential zoning district or lot, and 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 Lower Frederick Township ordinance.
TEMPORARY FENCEA fence for the enclosure of construction activities, or abandoned or condemned properties.
WALLA fence that is constructed of masonry or stone.
Subject to easy ignition and rapid flaming combustion.
BASE FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this chapter, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration.
BASE FLOOD ELEVATIONThe one-hundred-year-flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain, or other similarly documented areas, the one-hundred-year-flood elevation shall be established as a point on the boundary of the floodplain nearest to the construction site in question.
COMPLETELY DRY SPACESpace which will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
ESSENTIALLY DRY SPACESpace 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.
FEMA and FIAThe Federal Emergency Management Agency and the Federal Insurance Administration who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.
FLOODA temporary condition of partial or complete inundation of normally dry land areas.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. Such measures are set forth in Flood Proofing Regulations published by the Office of the Chief Engineers, U.S. Army, publication number EP 1165 2 314 (June 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2) classes referenced in these regulations. In said publication where reference is made to "below" (or above) the "BFD" (base flood datum) it shall be interpreted as meaning below (or above) the base flood elevation.
FLOOD INSURANCE RATE MAPThe official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this chapter, it also delineates floodplain areas.
FLOOD INSURANCE STUDYThe examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this and other ordinances.
FLOODPLAINA relatively flat or low land area adjoining a stream, river, or watercourse, which is subject to partial or complete inundation during a one-hundred-year flood, or any area subject to the unusual and rapid accumulation of surface water from any source; also referred to as flood-prone area.
FLOODPLAIN MANAGEMENTThe application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.
FLOODWAYThe channel of a river or other watercourse and the adjacent land area required to carry and discharge a flood of the one-hundred-year magnitude as specifically defined in this chapter.
ONE-HUNDRED-YEAR FLOODA flood that has one chance in 100, or a 1% chance, of being equaled or exceeded in any one year. For the purposes of this chapter, the one-hundred-year flood (base flood) is as defined by the Federal Insurance Administration in the Flood Insurance Study.
REGULATORY FLOOD ELEVATIONThe one-hundred-year-flood elevation plus a freeboard safety factor of 1Â 1/2 feet.
Any repair, reconstruction, or improvement of
a structure, the cost of which equals or exceeds 50% of the market
value of the structure either before the improvement or repair is
started, or, if the structure has been damaged and is being restored,
before the damage occurred.
For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the building commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
Any project for improvement of a structure to
comply with existing state or local health, sanitary, or safety code
specifications which are solely necessary to assure safe living conditions;
or
Any alteration of a structure listed on a National
Register of Historic Places or a State Inventory of Historic Places.
The sum of the gross horizontal areas of the several floors
of a building measured from the exterior face of the exterior walls,
or from the center line of a wall separating two buildings, but not
including interior vehicular parking or loading, or any space where
the floor-to-ceiling height is less than six feet.
The gross floor area of all buildings on a lot divided by
the gross lot area.
The length of the lot line abutting a street right-of-way.
See "day-care facilities."
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 following types of individuals: juvenile delinquents, the
mentally and physically impaired, and other similar uses as a special
exception. The individuals may be either transient or permanent residents.
See "bed-and-breakfast," "hotel," "motel."
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity or physical condition,
including a general hospital, public health center, diagnostic center,
treatment center, rehabilitation center, extended care facility, skilled
nursing home, nursing home, intermediate care facility, chronic disease
hospital, maternity hospital, dispensary, home health care agency,
personal care boarding home.
Establishment primarily engaged in furnishing medical, surgical,
or other services to individuals, including the offices of physicians,
dentists, and other health practitioners, medical and dental laboratories,
outpatient care facilities, blood banks, and oxygen and miscellaneous
types of medical supplies and services.
For primary structures and accessory structures meeting the
primary structure setbacks: the vertical distance measured from the
average elevation of the existing grade at the location of the building
to the highest point of a flat or multilevel roof; for gable, hip
or gambrel roofs, measured to the average height between the eaves
and ridge. Residential chimneys, mechanical penthouses, and similar
projections not intended for human occupancy shall be excluded.
[Amended 6-2-2015 by Ord.
No. 15-04]
A landing area for helicopters which includes facilities
for fueling, repair, and storage of helicopters and which is licensed
by the PADOT.
A helicopter landing area (sometimes known as a helistop)
licensed by the Pennsylvania Department of Transportation (PADOT)
for the purpose of picking up or discharging passengers or cargo.
No fueling, helicopter repair or storage area(s) are permitted in
conjunction with the operation of a personal use heliport.
The accessory use of a residence involving the conduct of an art or profession, the offering of a service, the conduct of a business, or the production of handicrafts on a residential site, pursuant to the provisions of § 170-25 of this chapter. The use is incidental and secondary to the use of the dwelling for residential purposes, a and shall not change the character of the residential use or adversely affect the uses permitted in the residential district of which it is a part.
An establishment providing transient accommodations, containing
five or more rental rooms or suites, where access to rooms is provided
through a lobby and internal hallways and the building height is more
than two stories. Meeting rooms, banquet facilities and ancillary
commercial shops are often provided within the building, with internal
hallway access.
A nonpermanent structure intended for recreational bathing,
in which all controls, water-heating and water-circulating equipment
are an integral part of the product. Portable hot tubs/spas include
structures manufactured and purchased for this purpose and shall be
designed and constructed in conformance with ANSI/NSPI-6 Standard
for Portable Spas, as most recently amended, or other standard deemed
appropriate by the Township.
[Added 6-2-2015 by Ord.
No. 15-04]
Coverage of the site by materials which cannot be penetrated
by water and which therefore results in a stormwater runoff of 100%.
Included are all buildings and all forms of paving used for roads,
driveways, parking and loading areas, walks, courts, patios, etc.
The physical additions, installations and changes required
to render land suitable for the use proposed, including streets, curbs,
sidewalks, utilities, and drainage facilities.
Those fields of economic activity including forestry, fishing,
hunting and trapping, mining, construction, manufacturing, transportation,
communication, utility services, and wholesale trade.
An existing lot that has no public road frontage and has
setbacks all around. Setbacks for an interior lot should be the side
yard setback of lots in the zoning district that the lot is in.
[Added 6-2-2015 by Ord.
No. 15-04]
A facility that provides nursing care and related medication
or other personal health services on a regular basis to individuals
who do not require a degree of care or treatment which a hospital
or skilled nursing care facility is designed to provide, but who,
because of their mental or physical disability, require hospital or
skilled nursing services within the context of a planned program of
care and administrative management, supervised on a continuous twenty-four-hour
basis in an institutional setting. (See "skilled nursing care facility"
and "personal care facility.")
Any structure or premises in which more than six dogs or
other domesticated small animals more than one year old are housed,
groomed, bred, boarded, trained or sold.
Includes refuse, rubbish, scrap, and debris, whether recyclable
or not, and made from any or all material other than solid waste as
defined herein. It shall not include refuse or garbage kept in proper
containers for the purposes of prompt disposal.
Any outdoor establishment or place of business which is maintained,
used, or operated for storing, keeping, buying, or selling junk, including
junked motor vehicles and their parts.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of, or for the purpose of, streets,
common areas, leaseholds, condominiums, building groups, or other
features.
A subdivision of land.
The following activities shall not be considered
land development:
The conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium.
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he/she
is authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A space, accessible from a street, in a building or on a
lot, for the temporary use of vehicles while loading or unloading
materials or merchandise.
A designed parcel, tract, or area of land established by
a plat or otherwise permitted by law and to be used, developed or
built upon as a unit.
The gross lot area excluding areas of public and private rights-of-way, access easements, access strips, and natural features as determined using the method in § 170-41 of this chapter.
Calculated land area contained within the deeded boundaries
of a lot.
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to an access strip. This definition
does not include the commonly used wedge-shaped lots located on a
cul-de-sac turnaround. Also known as a rear or interior lot.
Any property boundary line of a lot, further defined as follows:
FRONT LOT LINE The line identical with the legal right-of-way line.
REAR LOT LINEThe line or lines most nearly parallel or concentric to the front lot line.
SIDE LOT LINESThe lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable. The remaining line shall be considered the rear lot line.
A lot which fronts on more than one street shall
have a front lot line on each street frontage.
The horizontal distance between side lot lines, measured
at the building line, parallel or concentric to the ultimate right-of-way
line. For a corner lot, lot width shall be measured parallel or concentric
to the ultimate right-of-way line of the higher classification of
street, where applicable.
The process or operation of making wares or products from
raw materials by hand or by the use of machine(s).[4]
A single-family dwelling unit for permanent occupancy, made
by assembling one or more factory-produced, three-dimensional sections
into one integral building, not capable of easily being separated
for repeated towing, whose construction materials must conform to
those of conventionally-built units, as required by the Township's
building code,[5] and must be placed on a permanent foundation. A copy of
the Structural Engineering Bulletin(s) must be provided to the Board
of Supervisors, indicating approval of the dwelling or its components
by the U.S. Department of Housing and Urban Development.
An establishment providing transient accommodations, containing
more than five rental rooms or suites, where access to rooms is from
directly outside the building. Building height is typically only one
or two stories, and the facility is generally served by a central
office rather than a lobby.
All vehicles propelled or drawn by power other than muscular
power and intended for use on public highways or in agricultural activities.
A commercial use for the sale and repair of motor vehicles,
including new and used cars, trucks, recreational vehicles, and/or
farm equipment; having both indoor and outdoor display areas, and
providing maintenance and repair services for vehicle owners.
A facility using land for disposing of municipal waste as described and permitted under 25 Pa. Code, Article VIII, Municipal Waste. The facility includes land affected during the lifetime of operations including, but not limited to, areas where disposal or processing activities actually occur, support facilities, borrow areas, offices, equipment sheds, air and water pollution control and treatment systems, access roads, associated on-site and contiguous collection, transportation and storage facilities, closure and postclosure care and maintenance activities and other activities in which the natural land surface has been disturbed as a result of or incidental to operation of the facility. The term does not include a construction/demolition waste landfill or a facility for the land application of sewage sludge.
[Added 7-5-2005 by Ord. No. 05-08]
A component of a landscape existing or maintained as part
of the natural environment and having ecological value in contributing
beneficially to, among other things, air quality, erosion control,
groundwater recharge, noise abatement, visual amenities, growth of
wildlife, human recreation, reduction of climatic stress and energy
costs.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of the zoning ordinance, but which fails
to conform to the requirements of the zoning district in which it
is located by reason of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in the
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure was lawfully in existence prior to the enactment of
such ordinance or amendment, or prior to the application of such ordinance
or amendment to its location by reason of annexation. Such nonconforming
structures include nonconforming signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in the zoning ordinance
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment,
or prior to the application of such ordinance or amendment to its
location by reason of annexation.
See "skilled nursing care facility."
A means of dividing the range of sound frequencies into octaves
in order to classify sound according to pitch.
Public or private lands designated for the use and enjoyment
of Township residents and/or the general public, incorporating natural
features such as woodland, stream, or meadows, and including Township
parks, trails, and other recreational facilities. Also includes common
open space as defined below, and other private lands which are available
for the use of Township residents (i.e., through access easements).
A parcel or parcels of land within a development site designed
and intended for the use or enjoyment of the residents of the development,
not including streets, off-street parking areas, and areas set aside
for public facilities. Common open space shall be substantially free
of structures but may contain such recreational facilities for residents
as are shown in the approved development plan.
Any area which is predominately open space, is used principally
for active or passive recreation, and is not used for a profit-making
purpose.
Outdoor areas or specially designed buildings or garages
used for the storage of vehicles.
An open or covered area with a dust-free, all-weather surface
for the storage of one automobile, accessible via a driveway.
Material other than water which is suspended in or discharged
into the atmosphere in a finely divided form, as a liquid or solid.
The Municipalities Planning Code, originally enacted as Act
247 of 1968,[6] which establishes the basic authority for the exercise
of municipal land use controls in Pennsylvania. All subsequent amendments
are included. Abbreviated as "MPC" or "Act 247."
A document issued by the proper authority authorizing the applicant to undertake specified activities. See Article XXI of this chapter for specific requirements regarding the following permits:
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with construction provisions of the building code[7] and which authorizes an applicant to commence with said
construction, alteration, or reconstruction.
USE AND OCCUPANCY PERMITGenerally, a permit issued upon completion of the construction of any structure, indicating that the premises comply with the provisions of this chapter; or issued in approval of reoccupancy, a new use, or a change in use of buildings or land, indicating compliance with the this chapter. Informally known as a "zoning permit."
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A premises in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 hours, for four
or more adults who are not relatives of the operator, and who do not
require the services of a skilled nursing or intermediate care facility,
but who do require assistance or supervision in matters such as dressing,
bathing, diet or medication prescribed for self-administration. Sometimes
known as "assisted living." (See "skilled nursing care facility" and
"intermediate care facility.")
A business which provides a service oriented to personal
needs, and not primarily involving retail sales of goods or professional
advisory services. Includes barber, beauty salon, bakery, tailor,
dressmaker, shoe repair, photographer, travel agent, jewelry and watch
repair, or similar service uses.
A graphic representation of a proposal for subdivision and/or
land development, including necessary written notes.
The Lower Frederick Township Planning Commission.
A building in which is conducted the principal use of the
lot on which it is located.
The single dominant use or single main use on a lot.
A building in which services are performed by a member of
a profession, including an accountant, architect, author, community
planner, dentist, engineer, insurance agent, landscape architect,
lawyer, minister, notary, optometrist, physician, realtor, or undertaker.
A recorded boundary of a lot. Any property line which abuts
a street or other public way shall be measured from the right-of-way.
A formal meeting held pursuant to public notice by the Board
of Supervisors, Planning Commission or other Township agency, intended
to inform and obtain public comment, prior to taking action in accordance
with the Pennsylvania Municipalities Planning Code, as amended.[8]
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act"[9] ("...any prearranged gathering of an agency which is attended
or participated in by a quorum of the members of an agency, held for
the purpose of deliberating agency business or taking official action").
Notice published once a week for two successive weeks in
a newspaper of general circulation in the Township. Such notice shall
state the time and place of the hearing and particular nature of the
matter to be considered at the hearing. The first publication shall
not be more than 30 days and the second publication shall not be less
than seven days from the date of the hearing.
A parent, child, stepparent, stepchild, grandparent, grandchild,
brother, sister, half-brother, half-sister, stepbrother, stepsister,
first cousin, aunt, uncle, niece, or nephew.
See "waste."
A centralized sanitary sewer system or a comparable common
or package sanitary sewer facility approved by the appropriate governmental
health agency.
A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrially and/or
orbitally based uses. This definition is meant to include but not
be limited to what are commonly referred to as satellite earth stations,
TVRO's (television reception only) and microwave antennas.
A commercial establishment in a shopping center, located
in a freestanding building independent of other buildings, and frequently
near the road frontage of the center. Satellite uses are generally
characterized by a need for nearby parking, rapid customer turnover,
and vehicular service bays or drive-through services.
The part of the soil or underlying rock material that is
wholly saturated with water at the highest average depth during the
wettest season of the year.
A sewage disposal system in compliance with all state and
local regulations, approved by the Pennsylvania Department of Environmental
Protection and applicable sewer authority, and providing service to
multiple customers. Includes public sewer facilities and common sewage
facilities.
A sewage disposal system independent of the public sewer
system, serving more than one residence or business through a community
treatment plant, land application system, or similar "satellite" system.
The central sewage system operated by a municipal authority.
A group of commercial establishments, planned and developed
as an integrated architectural and functional unit, providing convenient
on-site parking and controlled, common vehicular and pedestrian access.
Any object, device, display or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination or projected images. Sign types and sign-related terms are further defined in Article XVIII of this chapter.
The ownership of a contiguous land area as one or more lots
by one owner, whether a person, partnership, corporation, or other
legal entity, irrespective of the fact that parts of the land may
have been acquired at different times or that the area may have been
divided into parts on any plan or plat.
A premises in which nursing care and related medical or other
health services are provided, for a period exceeding 24 hours, for
two or more individuals, who are not relatives of the operator, who
are not acutely ill or in need of hospitalization, but who, because
of age, illness, disease, injury, convalescence or physical or mental
infirmity need such care. (See "intermediate care facility" and "personal
care facility.")
The Montgomery County Soil Survey of 1967, prepared by the
Soil Conservation Service of the United States Department of Agriculture.
See § 170-37 of this chapter.
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 standards and procedures
established in this chapter.
A grade of 15% or greater as determined by the soil survey
or accurate contour mapping.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and ceiling
next above it and including those basements used for the principal
use.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
A line identical with the ultimate right-of-way line.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe street right-of-way legally in the public domain at the time a plan is submitted.
ULTIMATE RIGHT-OF-WAYThe street right-of-way projected to be necessary for adequate handling of anticipated maximum traffic volumes, as defined by Chapter 145, Subdivision and Land Development.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in Chapter 145, Subdivision and Land Development.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the ground.
The division or redivision of a lot, tract, or parcel of
land by any means into two or more lots, tracts, parcels, or other
divisions of land, including changes in existing lot lines, for the
purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership, or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
Construction on an approved project is recognized as having
begun when foundation footings are poured or other structural supports
are installed and such footings or supports have passed any required
inspection.
The duly elected governing body of Lower Frederick Township.
Also known as the Board of Supervisors.
A body of water or receptacle for water having a depth at
any point greater than 30 inches which is primarily used or intended
to be used for swimming or bathing.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for Lower Frederick
Township by the Board of Supervisors.
See § 170-36 of this chapter.
The dividing line between a lot and the outside limit of
the ultimate right-of-way of a public street. Identical with "street
line." (See "street rights-of-way.")
Aboveground structure or facility (other than buildings,
unless such buildings are used for storage incidental to the operation
of such structures or facilities) owned by a governmental entity,
a nonprofit organization, corporation, or any entity defined as a
public utility for any purpose by the Pennsylvania Public Utilities
Commission and used in connection with the production, generation,
transmission, delivery, collection, or storage of water, sewage, electricity,
gas, oil, or communication signals. Excepted are utility transmission
lines and supporting structures.
The granting of permission by the Zoning Hearing Board to
use or alter land or structures which requires a variation from the
strict application of a requirement of this chapter. Variances are
granted only if specific requirements are met, in accordance with
the provisions of this chapter.
The land area devoted to vegetative coverage, including lawns,
trees, shrubs, flowers, and gardens.
An open area, other than a street or parking area, used for
display, sale, or rental of new or used motor vehicles, recreational
vehicles, or boats in operable condition, and where no major repairs
are done.
A barrier whose purpose is to obscure a view; generally comprised
of plant materials suitable for the purpose.
A building or group of buildings primarily used for the commercial
storage, transfer, and distribution of products and materials.
A building or group of buildings situated in a controlled-access
compound which are divided into individual separate access units which
are rented or leased for the storage of tangible personal property.
A natural or man-made area containing and retaining water
year round, such as a pond or lake.
A place intended or used for the directed surface flow of
water, including permanent and intermittent streams, brooks, creeks,
channels, ditches, swales, and rivers.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the local authorities. Includes public water facilities and common
water facilities.
Those areas that are inundated and 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 saturated soil conditions; includes
swamps, marshes, bogs, and similar areas. Development in wetlands
is regulated by the U.S. Army Corps of Engineers and the Pennsylvania
Department of Environmental Protection. Identification of wetlands
should be based upon the "Federal Manual for Identifying and Delineating
Wetlands," an interagency publication of the Corps of Engineers, Environmental
Protection Agency, Fish and Wildlife Service, and Soil Conservation
Service, dated January 1989.
Places of business primarily engaged in selling merchandise
to retailers, to industrial, commercial, institutional or professional
business users, or to other wholesalers, or acting as agents or brokers
and buying merchandise for, or selling merchandise to, such individuals
or companies.
Areas, groves or stands of mature or largely mature trees
(i.e., larger than six inches in caliper) covering an area of 1/4
of an acre or more, or groves of mature trees (greater than 12 inches
in caliper) consisting of more than 10 individual specimens.
The area(s) of a lot which must remain free of buildings
or other structures, and may be used as lawn or planted area, parking
or driveway space, in compliance with the provisions of this chapter.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. Architectural elements such as cornices,
entrance hoods, overhangs, or eaves may extend no more than three
feet into the required yard area. "Yard" is further defined as follows:
FRONT YARDA yard which extends across the full width of a lot, for a depth equal to the minimum front yard setback distance required by the specific regulations of this chapter, measured from the ultimate right-of-way line.
REAR YARDA yard which extends across the full width of a lot, for a depth equal to the minimum rear yard setback distance required by the specific regulations of this chapter, measured from the rear lot line.
SIDE YARDA yard which extends along a side lot line from the required front yard to the required rear yard, the minimum width of which shall be the minimum specified by the regulations of this chapter, measured from the side lot line.
A line which locates and delineates the minimum yard setback
requirements, measured from the front, rear, and side lot lines.
The administrative officer charged by the Board of Supervisors
with the duty of enforcing the provisions of this chapter.
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
[3]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[4]
Editor's Note: The original definitions of
"mobile home," "mobile home lot" and "mobile home park," which immediately
followed this definition, were repealed 7-5-2005 by Ord. No. 05-08.
[6]
Editor's Note: See 53 P.S. § 10101
et seq.
[8]
Editor's Note: See 53 P.S. § 10101
et seq.
[9]
Editor's Note: Said Act was repealed 10-15-1998
by P.L. 729, No. 93. See now 65 Pa.C.S.A. § 701 et seq.
