Township of Nether Providence, PA Terminology

INDEPENDENT LIVING UNITA dwelling unit in a building of multiple dwelling units, or standing alone, used exclusively for occupancy by one or more senior persons in a continuing care retirement community.

PERSONAL CAREASSISTED LIVING FACILITY — A facility licensed by the Commonwealth of Pennsylvania in which food, shelter and personal assistance or supervision are provided for four or more persons who do not require the services in, or of, a skilled nursing facility, but who do, because of their advanced age, require assistance or supervision in matters such as dressing, bathing, diet, evacuation of a residence in the event of any emergency or assistance with medication.

COUNTY PLANNING COMMISSION

SKILLED NURSING FACILITYA facility which provides for personal health care in a continuing care retirement community and is licensed to provide skilled nursing care by the Commonwealth of Pennsylvania.

The Planning Commission of the County of Delaware.

[Added 5-14-1970 by Ord. No. 434]

DECISION

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All "decisions" shall be appealable to the Court of Common Pleas of Delaware County and the judicial district wherein the municipality lies.

[Added 12-10-1992 by Ord. No. 581]

DECK

An exterior floor supported on at least two opposing sides by an adjacent structure, posts, piers or other independent supports, with railings and being 15 1/2 inches or more above grade; a deck, whether contiguous or not to a building, is a building for purposes of setback limits. Any deck adjacent to a swimming pool shall not be constructed any closer than 10 feet from any property line, measured from the edge of lip of actual pool.

[Added 10-10-1998 by Ord. No. 628]

DETERMINATION

Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

[Added 12-10-1992 by Ord. No. 581]

The governing body.

The Zoning Hearing Board.

DWELLING, SINGLE-FAMILY DETACHED

The Planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance[1] or planned residential development provisions. "Determinations" shall be appealable only to the boards designated as having jurisdiction for such appeal.

DEVELOPER

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.

[Added 10-13-1994 by Ord. No. 588]

DEVELOPMENT PLAN

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan" when used in this chapter shall mean the written and graphic materials referred to in this definition.

[Added 10-13-1994 by Ord. No. 588]

DWELLING, MULTIPLE

A building designed for and occupied exclusively as a residence for three or more families living independently of one another.

[Amended 9-11-1980 by Ord. No. 504]

A building designed for and occupied exclusively as a residence for one family only and having no party wall in common with an adjacent building.

[Amended 9-11-1980 by Ord. No. 504]

DWELLING, SINGLE-FAMILY SEMIDETACHED

A building designed for and occupied exclusively as a residence for one family only and having a party wall in common with an adjacent building.

[Amended 9-11-1980 by Ord. No. 504]

DWELLING, TWO-FAMILY DETACHED

A 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.

[Amended 9-11-1980 by Ord. No. 504]

DWELLING, TWO-FAMILY SEMIDETACHED

A building designed for and occupied exclusively as a residence for two families, with one family living wholly or partly over the other, and having a party wall in common with an adjacent building.

[Amended 9-11-1980 by Ord. No. 504]

E-LIQUID

Any liquid that contains vegetable glycerin, propylene glycol, nicotine, water, and possibly flavoring that can be used in ENDS devices. E-liquids can also be referred to as "vape" or "vape juice."

[Added 1-13-2022 by Ord. No. 836]

ELECTRONIC CIGARETTE

[Added 1-13-2022 by Ord. No. 836]

An electronic oral device, such as one composed of a heating element and battery or electronic circuit, or both, which provides a vapor of nicotine or any other substance and the use or inhalation of which simulates smoking.

ELECTRONIC NICOTINE DELIVERY SYSTEMS (ENDS)

The term includes a device as described in Subsection A, notwithstanding whether the device is manufactured, distributed, marketed or sold as an e-cigarette, e-cigar and e-pipe or under any other product, name or description.

Any device designed or used to transform an e-liquid (that may contain nicotine) into an aerosol that the user inhales. ENDS can also be referred to as "vapes," "vaporizers," "vape pens," "hookah pens," "electronic cigarettes," "e-cigarettes," "e-cigs," and "e-pipes."

[Added 1-13-2022 by Ord. No. 836]

FIRE LANE

Includes any driveway, roadway, area, parcel and strip of land, whether or not the same is depicted or shown on any plan, map or drawing, and which is not a duly dedicated and established public street of and in the Township of Nether Providence, which provides vehicular access from any public street in the Township of Nether Providence to any building or buildings designated or appropriate to occupancy by three or more families.

[Added 5-14-1970 by Ord. No. 434; amended 9-8-1977 by Ord. No. 481; 9-11-1980 by Ord. No. 504]

FLOOR AREA, NET USABLE

The total area of the floor of an individual apartment for one family, exclusive of areas of joint use with other occupants.

[Added 9-8-1977 by Ord. No. 481; amended 9-11-1980 by Ord. No. 504]

FRONTAGE

The side or sides of a lot abutting a street or a right-of-way.

[Added 7-10-1997 by Ord. No. 621]

GARAGE, MINOR

A building, not a private garage, used solely for the storage of motor vehicles.

[Amended 9-11-1980 by Ord. No. 504]

GARAGE, PRIVATE

A building used for the storage of one or more motor vehicles owned and used by the owner or tenant of the lot on which it is erected, for a purpose accessory to the use of the lot, or for the storage of not more than two additional motor vehicles (not trucks) owned or used by others for a similar purpose, provided that a "private garage" shall not accommodate more than one motor vehicle for each 2,000 square feet contained in the lot on which it is erected.

[Amended 9-11-1980 by Ord. No. 504]

GARAGE, PUBLIC

A building, not a private or minor garage, used for the storage and repair of motor vehicles.

[Amended 9-11-1980 by Ord. No. 504]

GOLF COURSE and COUNTRY CLUB

A standard eighteen-hole golf course and clubhouse facility for the exclusive use of members and their guests, excluding driving ranges and miniature golf courses. The term shall include as an accessory use recreational uses customarily incidental to the golf course/clubhouse use, including tennis, swimming, racquetball and health club facilities.

[Amended 9-11-1980 by Ord. No. 504]

GROUP CHILD DAY-CARE HOME

The premises in which care is provided at one time for more than six but fewer than 16 older school-age-level children or more than six but fewer than 13 children of another age level who are unrelated to the operator, including a facility located in a residence or another premises, pursuant to a certificate of compliance issued by the Department of Public Welfare of the Commonwealth of Pennsylvania (Department).

[Added 4-14-1994 by Ord. No. 585]

HALF-STORY

The lowest floor of an apartment building having half or less of the area of the floor above for human habitation.

[Added 9-8-1977 by Ord. No. 481; amended 9-11-1980 by Ord. No. 504]

HEARING

An administrative proceeding conducted by a board pursuant to Section 909.1 of the Pennsylvania Municipalities Planning Code.[2]

[Added 12-10-1992 by Ord. No. 581]

HEIGHT

The height of a building shall be the vertical distance measured from the average level of the ground surrounding the entire perimeter of the building to the highest point of the roof for flat roofs and the highest ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical penthouses, elevator penthouses, tanks and antennas and similar projections from the building roof not intended for human occupancy, shall not be included in calculating the building height, provided such projections shall not be more than eight feet higher than the highest point of the roof for flat roofs or the highest ridge for gable, hip and gambrel roofs. Where chimneys, spires, towers, mechanical penthouses, elevator penthouses, tanks, antennas and similar projections from the building roof are more than eight feet higher than the highest point of the roof for flat roofs or the highest ridge for gable, hip and gambrel roofs, the top of the roof shall be the highest point of any such projection. The level of ground at any given point along the perimeter of the structure shall be the lowest point of any area within six feet away from the structure at that point. The average level of the ground shall be calculated by measuring the level of ground every one foot along the entire perimeter of the structure, adding all such measurements and dividing by the total length of the perimeter in feet. (For example, 50 linear feet at elevation two feet (100) plus 150 linear feet at elevation six feet (900), for total measurements of 1,000, divided by total linear feet of 200, equals an average level of the ground of five.)

[Amended 9-11-1980 by Ord. No. 504; 8-10-2006 by Ord. No. 711]

HOUSE TRAILER

Any motor vehicle used for temporary or transient living or sleeping purposes.

[Added 9-8-1977 by Ord. No. 481; amended 9-11-1980 by Ord. No. 504]

IMPERVIOUS SURFACE

A surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavements, driveways areas, and roofs. Any surface areas designed to be gravel or crushed stone shall be regarded as impervious surfaces.

[Added 3-8-2007 by Ord. No. 718]

LAND DEVELOPMENT

Any of the following activities:

[Added 12-10-1992 by Ord. No. 581]

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a)

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 tenants; or

(b)

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.

MEDICAL MARIJUANA DISPENSARY

Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code.[3]

LANDOWNER

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.

[Added 10-13-1994 by Ord. No. 588]

LODGE/CLUB

A structure or hall for fraternal or social organizations, with meeting room facilities.

[Added 9-11-1980 by Ord. No. 504]

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

[Amended 12-10-1992 by Ord. No. 581]

LOT AREA

The area enclosed by the property lines of a lot, as herein defined, exclusive of rights-of-way of dedicated streets, fire lanes, rights-of-way or easements proposed for dedication or public utility easements other than those directly servicing the lot.

[Added 5-14-1970 by Ord. No. 434; amended 9-11-1980 by Ord. No. 504]

MEDICAL MARIJUANA ACT

Act 16 of 2016, 35 P.S. § 10231.101 et seq.

[Added 1-13-2022 by Ord. No. 836]

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.

[Added 1-13-2022 by Ord. No. 836]

MEDICAL MARIJUANA GROWER/PROCESSOR

A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered with and permitted by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to grow and process medical marijuana. The term does not include a Health Care Medical Marijuana Organization under Chapter 19 of the Medical Marijuana Act.

[Added 1-13-2022 by Ord. No. 836]

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

[Added 12-10-1992 by Ord. No. 581]

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

[Added 12-10-1992 by Ord. No. 581]

MOBILE HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

[Added 12-10-1992 by Ord. No. 581]

MUNICIPAL ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the engineer for a municipality or planning agency.

[Added 12-10-1992 by Ord. No. 581]

NONCONFORMING LOT

A lot, the area or dimensions of which was lawful prior to the adoption or amendment of a 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.

[Added 12-10-1992 by Ord. No. 581]

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed 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 but are not limited to nonconforming signs.

[Added 12-10-1992 by Ord. No. 581]

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in a 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.

[Added 12-10-1992 by Ord. No. 581]

OPEN SPACE

All land, with buildings, structures and recreational facilities located thereon, designated in this Chapter 300 of the Code of the Township of Nether Providence as open space preservation.

[Added 3-11-1993 by Ord. No. 582]

OPEN SPACE, USABLE

All space on a lot that is not occupied by buildings, parking areas, driveways, streets, water channels or slopes greater than 30%.

[Added 5-14-1970 by Ord. No. 434; amended 9-11-1980 by Ord. No. 504]

PARKING SPACE

An open space or a garage used for parking motor vehicles, with an area of not less than 200 square feet and to which there is access from a street or alley.

[Amended 9-11-1980 by Ord. No. 504]

PATIO

An exterior floor supported on at least two opposing sides by an adjacent structure, posts, piers or other independent supports, without railings and being less than 15 1/2 inches above adjacent grade at any point; a patio is not a building for purposes of setback limits.

[Added 10-10-1998 by Ord. No. 628]

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling or use, density or intensity, lot coverage and required open space to the regulations established in any one district, created from time to time under the provisions of this Zoning Ordinance.

[Added 12-10-1992 by Ord. No. 581]

PUBLIC GROUND

Includes:

[Added 12-10-1992 by Ord. No. 581]

Parks, playgrounds, trails, paths and other recreational areas and other public areas.

Sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

SIGNIFICANT TOBACCO RETAILERS

Publicly owned or operated scenic and historic sites.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

[Added 12-10-1992 by Ord. No. 581]

PUBLIC MEETING

A forum held pursuant to notice under the Act of July 3, 1986, P.L. 388, No. 84, known as the "Sunshine Act."[4]

[Added 12-10-1992 by Ord. No. 581]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.

[Added 12-10-1992 by Ord. No. 581]

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such "report" in the rendering of any decision or determination. All "reports" shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any "report" used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at the cost of reproduction.

[Added 12-10-1992 by Ord. No. 581]

Any tobacco retailer that either devotes 20% or more of floor area or display area to, or derives 75% or more of gross sales receipts from, the sale or exchange of tobacco products and/or tobacco paraphernalia at the subject location, including, without limitation, smoke shops and hookah lounges.

[Added 1-13-2022 by Ord. No. 836]

SOCIAL OR COMMUNITY CENTER

A building or group of buildings designed and used for educational or recreational activities for members of the community.

[Added 9-11-1980 by Ord. No. 504]

SPECIAL EXCEPTION

A use permitted in a particular zoning district pursuant to the provisions of this Zoning Ordinance.

[Amended 9-11-1980 by Ord. No. 504; 12-10-1992 by Ord. No. 581]

STREET

Includes "streets," avenues, boulevards, roads, highways, freeways, parkways, land, alleys, viaducts and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

[Amended 7-13-1972 by Ord. No. 446; 12-10-1992 by Ord. No. 581]

STREET LINE

The line marking the extreme limit of the plotted highway as the same may appear on the Official Township Plan at the time when an application for a building permit is duly made; except that, for the purposes of determining the "street line," every highway shall be regarded as being of a minimum width of 40 feet.

[Amended 9-11-1980 by Ord. No. 504]

STREET, PRIVATE

A street privately owned and maintained which is used as the principal means of access to abutting lot or lots or to more than two dwellings on a lot on which a private way is exclusively located.

[Amended 7-8-1977 by Ord. No. 481; 9-11-1980 by Ord. No. 504]

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.

[Added 12-10-1992 by Ord. No. 581]

SUBDIVISION

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.

[Added 12-10-1992 by Ord. No. 581]

TELEPHONE CENTRAL OFFICE

A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone messages between subscribers, and other business of the telephone company, provided that in a residential district, a "telephone central office" shall not include public business facilities, storage of materials, trucks or repair facilities or housing of repair crews.

[Amended 9-11-1980 by Ord. No. 504]

TERRACE

An exterior floor made of flagstone or slate laid directly on the ground without mortar or concrete; a terrace is not a building for purposes of setback limits.

[Added 10-10-1998 by Ord. No. 628]

THEATER

A building for showing motion pictures (not including a drive-in theater) or dramatic performances.

[Added 9-11-1980 by Ord. No. 504]

TOWNHOUSE

One of a series of two- or three-story attached dwellings.

[Amended 9-11-1980 by Ord. No. 504; 12-10-1992 as Ord. No. 581]

TRAILER CAMP/TRAILER PARK

Any premises used or designed to be used as a parking space for one or more house trailers.

[Amended 9-11-1980 by Ord. No. 504; 12-10-1992 as Ord. No. 581]

VAPE SHOP

Any establishment whose principal product line for retail sale is ENDS devices, parts, components, or e-liquids. "Principal" means that the ENDS-related products constitute at least 25% of the establishment's aggregate retail sales.

[Added 1-13-2022 by Ord. No. 836]

VARIANCE

Relief granted pursuant to the provisions of Articles VI and XI of the Pennsylvania Municipalities Planning Code[5] and this Zoning Ordinance.

[Amended 12-10-1992 as Ord. No. 581]

WATERCOURSE

Includes a channel, creek, ditch, drain, dry run, spring and stream in which water is present from time to time.

[Amended 5-14-1970 by Ord. No. 434]

YARD, FRONT

The required open space extending along the street line of any street on which the lot abuts.

[Amended 9-11-1980 by Ord. No. 504; 12-10-1992 as Ord. No. 581]

YARD, INNER COURT

An open space substantially enclosed on all sides by the exterior walls of one or more buildings.

[Added 9-8-1977 by Ord. No. 481; amended 9-11-1980 by Ord. No. 504]

YARD, OUTER COURT

An open space enclosed on three sides by the exterior walls of one or more buildings.

[Amended 9-8-1977 by Ord. No. 481; 9-11-1980 by Ord. No. 504]

YARD, REAR

The required open space extending along the rear lot line (not a street line), throughout the whole width of the lot.

[Amended 9-11-1980 by Ord. No. 504]

YARD, SIDE

The required open space extending along the side lot line, throughout the whole depth of the lot.

[Amended 9-11-1980 by Ord. No. 504]

[1]

Editor's Note: See Ch. 289, Subdivision and Land Development.

[2]

Editor's Note: See 53 P.S. § 10909.1.

[3]

Editor's Note: See 53 P.S. 10503(1.1).

[4]

Editor's Note: See 65 P.S. § 271 et seq.

[5]

Editor's Note: See 53 P.S. § 10601 et seq. and 53 P.S. § 10901 et seq., respectively.

Word usage.

[Amended 5-14-1970 by Ord. No. 434]

Words used in the present tense include the future.

The singular includes the plural.