STATUTORY REFERENCES
Power to adopt and enforce zoning ordinances — See
53 P.S. § 66517.
General provisions and definitions — See
53 P.S. § 10101 et seq.
[Ord. 223. Passed 12-10-1985]
This Title Six of Part Twelve of these Codified
Ordinances shall be known and may be cited as the "Lower Gwynedd Township
Zoning Ordinance" or just the "Zoning Code."
[Ord. 223. Passed 12-10-1985]
This Zoning Code shall implement the goals and
objectives set forth in the Comprehensive Plan for Lower Gwynedd Township
of January, 1961, as revised in January, 1974, and March, 1987. The
Board of Supervisors hereby expressly adopts the conclusions and recommendations
of the Comprehensive Plan under the headings of Background/Planning
Process, Existing Conditions, Problems and Needs, the Development
Plan, Implementation Strategy and Relationship of Comprehensive Plan
to Contiguous Municipalities.
[Ord. 223. Passed 12-10-1985]
In the interpretation and application of this
Zoning Code, the provisions hereof shall be held to be the minimum
requirements for the promotion of the public health, safety and general
welfare. Where the provisions of this Zoning Code impose greater restrictions
than those of any statute or other ordinance or regulation of the
Township, the provisions of this Zoning Code shall control. Where
the provisions of any statute or other ordinance or regulation impose
greater restrictions than this Zoning Code, the provisions of such
statute, ordinance or regulation shall control.
[Ord. 223. Passed 12-10-1985; Ord. 233A. Passed 6-18-1987; Ord. 246.
Passed 12-22-1987; Ord. 251. Passed 2-16-1988; Ord. 252. Passed 2-16-1988; Ord. 257. Passed 6-21-1988; Ord. 296. Passed 7-20-1992; Ord. 314. Passed 2-21-1995; Ord. 328. Passed 7-22-1996; Ord. 332. Passed 10-21-1996; Ord. 334. Passed 12-16-1996; Ord. 357. Passed 2-22-1999; Ord. 364. Passed 7-26-1999; Ord. 409. Passed 7-22-2003; Ord. No. 422. Passed 5-18-2004]
(a)
As used in this Zoning Code the following words and
terms shall have the following definitions. Any word or term not defined
herein shall have the meaning found in the Subdivision Regulations
or in the Pennsylvania Municipalities Planning Code (Act 247 of 1968,
as amended) or shall have the meaning of common or standard usage.
(1)
Accessory building. "Accessory building" means
a building subordinate to the principal building on a lot and used
for purposes customarily incidental to those of the principal building.
The total size of all accessory use buildings as compared to the principal
use buildings shall be in a ratio of <1 to 4. Ratios in excess
of the above must be approved as a special exception by the Zoning
Hearing Board.
(2)
Accessory use. "Accessory use" means a use customarily
incidental and subordinate to the principal use of the land or a building
or other structure on a lot or a portion thereof located on the same
lot with such principal use. The portion of the property dedicated
to accessory use as compared to principal use shall be in a ratio
of <1 to 4. Ratios in excess of the above must be approved as a
special exception by the Zoning Hearing Board.
(3)
Apartment house. See Paragraphs (25)D and E
hereof.
(4)
Automobile sales agency. "Automobile sales agency"
means a commercial establishment for the sale, leasing, display and
storage of new motor vehicles by a duly franchised motor vehicle dealership,
of used motor vehicles or of boats. The sale of gasoline or other
motor vehicle fuel shall not be permitted as an accessory use to an
automobile sales agency.
(5)
Base flood. "Base flood" means a flood which has a one-percent
chance of being equaled or exceeded in any given year (also called
the "one-hundred-year flood" or "one-percent-annual-chance flood").
[Amended 2-23-2016 by Ord. No. 504]
(6)
Base flood elevation (BFE). "Base flood elevation" means the
elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE,
AH, A1-30 that indicates the water surface elevation resulting from
a flood that has a one-percent-or-greater chance of being equaled
or exceeded in any given year. The BFE is also shown on the FIS profile,
and can be determined for Zone A floodplains.
[Amended 2-23-2016 by Ord. No. 504]
(7)
Basement. "Basement" means any area of the building
having its floor subgrade (below ground level) on all sides.
(8)
Board of Supervisors. "Board of Supervisors"
means the Board of Supervisors of the Township.
(9)
Buffer. "Buffer" means an area designed and
functioning to separate the elements and uses of land which abut it
and to ease the transition between them.
(10)
Buffer screen. "Buffer screen" means a buffer
comprised of natural and/or artificial material arranged at a certain
specified depth, height and density to effectively block the view
from one side to another during all seasons of the year and to reduce
the transmission of noise between such sides.
(11)
Building. "Building" means any structure having enclosing walls
and a roof, intended for supporting or sheltering a use or occupancy
and attached to the land. "Building" includes "structure" and shall
be construed as if followed by the words "or parts thereof." Included
shall be all manufactured homes and trailers to be used for human
habitation.
[Amended 2-23-2016 by Ord. No. 504]
(12)
Building area. "Building area" means the aggregate
of the maximum horizontal cross-section areas of the main and accessory
structures taken at their greatest outside dimensions on the ground
floor, including all attached structures except steps, chimneys and
uncovered porches not exceeding 10 feet.
(13)
Building coverage. "Building coverage" means
the ratio of the building area on a lot to the developable area of
the lot.
(14)
Building floor area, gross. "Gross building
floor area" means the sum of the building floor area measured at every
level of the building.
(15)
Building line. "Building line" means an established
line within a property, defining the minimum front yard and required
distance between any structure to be erected and the ultimate adjacent
right-of-way or street line.
(16)
Building height. "Building height" means the
vertical distance of a building or a structure measured from the average
elevation of the finished grade surrounding the building or structure
to the highest point of the building or structure. Chimneys, stair
towers, elevator penthouses, mechanical penthouses and solar energy
or signal apparatuses only may project above the highest point on
the roof of a building a maximum of 10 feet, zero inches. In an instance
where the finished grade is above the entry floor level or main floor
level of a building, the height shall be measured from the lower of
the entry or main floor level of the building.
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For a religious or educational use, the height
limitation of the district may be increased for flag poles, steeples
or bell towers consistent with the limitations set forth in this paragraph.
The increased height limitation for these structures shall be two
inches of height for each one foot of distance the structure is located
from a property line to a maximum height of 65 feet. Residences with
walk-out basements shall have their building height computed from
grade level at the front entry provided that the walk-out basement
is oriented to the rear of the lot only.
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(17)
Building, principal. "Principal building" means
a building in which is conducted the principal use of the lot on which
it is situated.
(18)
Commission. "Commission" means the Planning
Commission of the Township.
(19)
Conditional use. "Conditional use" means a use
allowed by the Board of Supervisors when found to be in accordance
with the standards and criteria set forth in this Zoning Code.
(19.1)
Conference center. "Conference center" means a building
or portion thereof, operated in conjunction with a hotel, used primarily
as a professional meeting and training facility, including banquet
and food service facilities in support of the operation of the facility.
[Added 5-28-2019 by Ord. No. 523]
(20)
Density. "Density" means the number of dwelling
units per developable acre.
(21)
Detention basin. "Detention basin" means an
area of land designed and constructed as a part of the stormwater
management system which shall catch stormwater and delay its discharge
for a period of time. The limits of the detention basin shall be measured
from the highest elevation of the structure.
(22)
Developable acre. "Developable acre" means all land within the lot lines, except that located within the ultimate right-of-way of existing public or private roads, floodplains, land continuously covered by water, watercourses, waters of the Commonwealth, wetlands, wetlands buffers as defined in Section 1298.15 and easements for aboveground utility lines.
(23)
Development. "Development" means any man-made
change to improved or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging, filling, grading,
paving, excavation or drilling operations or the storage of equipment
or materials.
(24)
Dwelling. "Dwelling" means a building consisting
of one or more dwelling units that is designed and occupied principally
for residential purposes. A dwelling shall be constructed in accordance
with the Building and Housing Code and other ordinances of the Township.
(25)
Dwelling types and dwelling unit types. Included
within this definition are all dwelling and dwelling unit types without
regard to tenure. Specifically:
A.
"Single-family detached dwelling" means a building
designed for and occupied exclusively as a residence for only one
family and having no party wall in common with an adjacent building.
B.
"Multifamily dwelling" means a building consisting
of two or more dwelling units, with each unit used, intended to be
used or capable of being used exclusively as a residence for one family.
C.
"Mobile dwelling" means a mobile home, mobile
trailer or a modular home which is capable of being transported, intended
for permanent residence and contained in one unit, or in two units
designed to be joined into one integral unit capable of again being
separated for moving, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and which is constructed so that it may be used with or without a
permanent foundation. "Mobile dwelling" includes any addition or accessory
structures thereof such as porches, sheds, decks or additional rooms.
D.
"Apartment" means a dwelling unit within a multifamily
dwelling or within a building containing some other principal use.
E.
"Apartment house" or "garden apartment" means
a building containing two or more apartments which are customarily,
but not necessarily, arranged in a stacking fashion. A basement in
an apartment house or garden apartment shall not contain habitable
rooms.
F.
"Townhouse" or "rowhouse" means a dwelling unit
within a multifamily dwelling attached to one or more other similar
dwelling units, with all units being separated from each other by
party walls and constructed in accordance with the Building and Housing
Code and other ordinances of the Township.
G.
"Elderly housing" means a complex providing
dwelling units designed for and used by occupants 60 years of age
or older.
H.
"Personal care facility" means a form of elderly
housing providing common facilities and minimal private space of not
more than 350 square feet per unit and licensed by the Commonwealth
of Pennsylvania to provide assistance with or supervision of activities
of daily living, including but not limited to eating, bathing, dressing
and administering medication for a period exceeding 24 hours for four
or more persons who do not require hospitalization or care in a skilled
nursing facility.
I.
"Carriage home." "Carriage home" means a townhouse,
as defined herein, limited, however, to three dwelling units in a
single building and designed (unless the Board of Supervisors agrees
otherwise) so that the garage doors for only one of the units in the
building faces the public or private road from which the building
takes its access.
J.
"Residential nursing care facility" means a
facility operated in conjunction with elderly housing licensed by
the Commonwealth of Pennsylvania to provide daily skilled care services
on an in-patient basis, such care requiring the skills of and being
provided under the direction of a physician or other licensed medical
professionals.
(26)
Dwelling unit. "Dwelling unit" means a room
or group of rooms within a building used, intended to be used or capable
of being used as a complete housekeeping facility for one family,
providing living, sleeping, cooking, dining and sanitary facilities.
The unit shall be constructed in accordance with the Building and
Housing Code and other ordinances of the Township.
(26.1)
Existing manufactured home park or
subdivision. "Existing manufactured home park or subdivision" means
a manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
[Added 2-23-2016 by Ord.
No. 504]
(26.2)
Expansion to an existing manufactured
home park or subdivision. "Expansion to an existing manufactured home
park or subdivision" means the preparation of additional sites by
the construction of facilities for servicing the lots on which the
manufacturing homes are to be affixed (including the installation
of utilities, the construction of streets, and either final site grading
or the pouring of concrete pads).
[Added 2-23-2016 by Ord.
No. 504]
(27)
Family. "Family" means any number of individuals
living together as a single, nonprofit housekeeping unit and doing
their cooking together and on the premises, provided that not more
than one of such number are unrelated to all others by blood, marriage
or legal adoption. As a special exception, the Zoning Hearing Board
may interpret the term "family" to include:
A.
A group of individuals, not exceeding five (if
more than one of the individuals is unrelated to all the others by
blood, marriage or adoption) domiciled together in a single-family
dwelling unit and whose relationship is of a continuing, nontransient,
domestic character and who are cooking and living together as a single,
housekeeping unit. This definition shall specifically not include
occupants of a club, fraternity house, lodge, rooming house, hotel,
motor court, bed-and-breakfast, hospital, assisted-living facility,
life-care facility or the like. In addition to all the other special
exception criteria provided for in this chapter, a special exception
applicant under this subparagraph shall demonstrate that a similar
special exception has not been granted for any other property located
within 500 feet of the property of the special exception applicant.
B.
Any number of individuals living together, when
all individuals are related by blood, marriage or legal adoption,
as two nonprofit housekeeping units and doing separate cooking on
the premises, provided that one of the housekeeping units shall contain
only one person, and that person shall either be no less than 60 years
of age or physically handicapped to an extent where independent living
is made possible by the proximity of the family members in the other
housekeeping unit; and further provided that the owner of the property
executes an agreement with the Township which shall be recorded with
the County Recorder of Deeds, which agreement provides for the immediate
removal of separate cooking facilities at such time as they are no
longer being utilized by the person for whom they were originally
installed. All provisions of the Building and Housing Code, specifically
as they pertain to multifamily dwellings, must be met.
(28)
Farming. "Farming" means the cultivating of
the soil and the raising and harvesting of products thereof, including
nursery, horticulture, forestry and animal husbandry.
(28.0)
Flag lot. A lot of particular shape such that it
possesses less frontage along a public street than otherwise required
by this chapter, and where access to the widest portion of said lot
is by way of an access strip which forms a portion of the lot and
abuts a public street.
[Added 8-22-2017 by Ord.
No. 513]
(28.1)
Flood. "Flood" means a temporary
inundation of normally dry land areas.
[Added 2-23-2016 by Ord.
No. 504]
(28.2)
Flood Insurance Rate Map (FIRM).
"Flood Insurance Rate Map (FIRM)" means the official map on which
the Federal Emergency Management Agency or Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the Township.
[Added 2-23-2016 by Ord.
No. 504]
(28.3)
Flood Insurance Study (FIS). "Flood
Insurance Study (FIS)" means the official report provided by the Federal
Insurance Administration that includes flood profiles, the Flood Insurance
Rate Map, the Flood Boundary and Floodway Map, and the water surface
elevation of the base flood.
[Added 2-23-2016 by Ord.
No. 504]
(29.1)
Floodplain area. "Floodplain area"
means a relatively flat or low land area which is subject to partial
or complete inundation from an adjoining or nearby stream, river or
watercourse; and/or any area subject to the unusual and rapid accumulation
of surface waters from any source.
[Added 2-23-2016 by Ord.
No. 504]
(29.2)
Floodproofing. "Floodproofing" means
any combination of structural and nonstructural additions, changes,
or adjustments to structures which reduce or eliminate flood damage
to real estate or improved real property, water and sanitary facilities,
structures and their contents.
[Added 2-23-2016 by Ord.
No. 504]
(29.3)
Floodway. "Floodway" means the channel
of a river or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without cumulatively
increasing the water surface elevation more than one foot.
[Added 2-23-2016 by Ord.
No. 504]
(30)
Garage, private. "Private garage" means a building
used for the storage of one or more automobiles or trucks owned and
used by the owner, tenant or employee of the owner of the lot on which
it is erected for a purpose accessory to the use of the lot.
(31)
Garage, public. "Public garage" means a building,
other than a private garage one or more stories in height, used for
storage and/or repair of automobiles, trucks or other commercial vehicles.
(32)
Gasoline service station. "Gasoline service
station" means any area of land, including structures thereon, or
any building or part thereof, that is used for the sale of gasoline
or other motor vehicle fuel or accessories, and which may or may not
include facilities for lubricating, washing or otherwise servicing
motor vehicles, but which shall not include painting or body and fender
repairs, the sale of new or used motor vehicles, or the sale of food
or convenience items.
(32.1)
Highest adjacent grade. "Highest
adjacent grade" means the highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
[Added 2-23-2016 by Ord.
No. 504]
(33)
Historic Structure. "Historic Structure" means
any structure that is:
A.
Listed individually in the National Register
of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
B.
Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance
of a registered historic district or a district preliminarily determined
by the Secretary to qualify as a registered historic district;
C.
Individually listed on a State Inventory of
Historic Places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
D.
Individually listed on a local inventory of
historic places in communities with historic preservation programs
that have been certified either:
(34)
Home occupation. "Home occupation" means an accessory use permitted only in single-family residential districts and limited to the professional office or studio of a physician, dentist, teacher, engineer, musician, architect, lawyer, outside sales person or similar professional practitioner, or rooms utilized for occupations such as dressmaking, millinery or similar handicrafts, and specifically excludes any business, clinic, animal hospital, barber or beauty shop, personal service shop or tea room. Home occupations shall be governed by the standards set forth in Section 1298.11.
(34.1)
Hotel. "Hotel" means a building and associated parking
and other uses customarily accessory to hotels in the five-county
Philadelphia Metropolitan Area (and specifically including restaurants
and meeting rooms) providing transient lodging accommodations to the
general public for compensation.
[Added 5-28-2019 by Ord. No. 523]
(35)
Impervious coverage. "Impervious coverage" means the ratio of
the area of all portions of a lot covered in any way so as not to
allow the ground beneath to absorb water at a natural rate (which
area shall specifically include all portions of a lot covered by pervious
paving materials), to the developable area of the lot.
[Amended 8-25-2015 by Ord. No. 500]
(36)
Land development. "Land development" means any
of the following activities:
A.
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
1.
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
2.
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.
B.
A subdivision of land.
C.
Development in accordance with Section 503 (1-1)
of the Municipalities Planning Code.
(37)
Lighting, security. "Security lighting" means
exterior illumination required and designed for the protection of
persons or property. Security lighting shall not be considered task
lighting for the purposes of this Zoning Code.
(38)
Lighting, site. "Site lighting" means exterior
illumination of a general area required and designed for the purpose
of facilitating vehicular or pedestrian circulation and identification.
Illumination of signs, banners, goods, wares or other items for the
purpose of display or advertising shall not be considered site lighting.
(39)
Lighting, task. "Task lighting" means exterior
illumination required and designed for the purpose of facilitating
the performance of any operation related to the business regularly
conducted on a premises.
(40)
Loading space. "Loading space" means a space
accessible from a street or other way in a building or on a lot for
the temporary use of vehicles while loading or unloading merchandise
or materials.
(41)
Lot. "Lot" means a parcel of land which may
be used only in accordance with this Zoning Code. "Lot" includes the
words "plot" or "parcel."
(42)
Lot area. "Lot area" means the total horizontal
area of the lot lying within the lot lines, provided that no area
of land lying within any street line shall be deemed a portion of
any lot area. The area of any lot abutting a street shall be measured
to the street line only.
(43)
Lot area, calculation of. In calculating the
minimum lot area required in all zoning districts, the area located
within an access strip to a rear lot shall be excluded. The access
strip is that area of a lot, the sole purpose of which is to provide
frontage on a road.
(44)
Lot line. "Lot line" means a property boundary
line of any lot held in single or joint ownership, except that in
the case of any lot abutting a street, the lot line for such portion
of the lot that 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.
(45)
Lowest floor. "Lowest floor" means the lowest
floor of the lowest enclosed area (including basement). An unfinished
or flood-resistant enclosure, usable solely for parking of vehicles,
building access or storage in an area other than a basement area,
is not considered a buildings lowest floor; provided that such enclosure
is not built so as to render the structure in violation of the applicable
non-elevation design requirements of this chapter.
(45.1)
Manufactured home. "Manufactured
home" means a structure, transportable in one or more sections, which
is built on a permanent chassis, and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term includes park trailers, travel trailers, recreational and other
similar vehicles which are placed on a site for more than 180 consecutive
days.
[Added 2-23-2016 by Ord.
No. 504]
(45.2)
Manufactured home park or subdivision.
"Manufactured home park or subdivision" means a parcel (or contiguous
parcels) of land divided into two or more manufactured home lots for
rent or sale.
[Added 2-23-2016 by Ord.
No. 504]
(46)
May. "May" is permissive.
(47)
Motor court or motel. "Motor court" or "motel"
means a building and/or a group of two or more detached or semidetached
buildings containing rooms or apartments having separate ground floor
entrances provided directly or closely in connection with automobile
parking or storage space serving such rooms or apartments, which building
or group of buildings is designed, intended or used principally for
the providing of sleeping accommodations for automobile travelers
on a short-term basis and is suitable for occupancy during all seasons
of the year.
(48)
Municipal use. "Municipal use" means any use
by the Township for the public health, safety and welfare, which shall
include administration, police, fire, recreation and public work uses.
(48.1)
New manufactured home park or subdivision.
"New manufactured home park or subdivision" means a manufactured home
park or subdivision for which the construction of facilities for servicing
the lots on which the manufactured homes are to be affixed (including
at a minimum, the installation of utilities, the construction of streets,
and either final site grading or the pouring of concrete pads) is
completed on or after the effective date of floodplain management
regulations adopted by a community.
[Added 2-23-2016 by Ord.
No. 504]
(49)
Nonconforming.
A.
"Nonconforming lot" means a lot the area or
dimension 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 reasons of such adoption
or amendment.
B.
"Nonconforming use" means a use, whether of
land or of 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.
C.
"Nonconforming structure" means 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.
(50)
One-hundred-year flood. "One-hundred-year flood"
means a flood that has one chance in 100 (or a one-percent chance)
of being equal or exceeded in one year. For purposes of this Zoning
Code, the one-hundred-year flood (base flood) is as defined by the
Federal Emergency Management Agency in the Flood Insurance Study for
the Township.
(51)
Open space, common. "Common open space" means
a parcel of land, an area of water or a combination of land and water
within a developed site, not including streets, off-street parking
areas or areas set aside for public facilities, designed and intended
for the use and/or enjoyment of the residents of such development
and/or other Township residents. The space must be substantially free
of structures but may contain such improvements, appropriate for residents'
recreation, as are in the applicable subdivision or land development
plan as finally approved.
(52)
Open space, permanent. "Permanent open space"
means a parcel of land, an area of water or a combination of land
and water within a developed site, not including streets, off-street
parking areas or areas set aside for public facilities, designed and
intended for the use and/or enjoyment of residents of the development.
The space must be substantially free of structures, but may contain
such improvements, appropriate for residents' recreation, as are in
the applicable subdivision plan as finally approved.
(53)
Parking space. "Parking space" means a reasonably
level space available for the parking of one motor vehicle, which
space shall be not less than nine feet wide and not less than 19 feet
in length, exclusive of passageways or other means of circulation
or access.
(54)
Parking space, all-weather. "All-weather parking
space" means a parking space surfaced to whatever extent necessary
to permit reasonable use under all conditions of weather.
(54.1)
Parking structure. “Parking structure,” as used and regulated in Section 1298.20, shall mean a structure specifically used for the sole purpose of containing the temporary parking of automobiles in a nonresidential district.
[Added 1-27-2009 by Ord. No. 462]
(55)
Person. "Person" means a corporation, partnership,
unincorporated association or any other legally recognized entity,
as well as an individual.
(55.1)
Post-FIRM structure. "Post-FIRM structure"
means a structure for which construction or substantial improvement
occurred after December 31, 1974, or on or after the Township's initial
FIRM dated October 14, 1977, whichever is later, and, as such, would
be required to be compliant with the regulations of the NFIP.
[Added 2-23-2016 by Ord.
No. 504]
(55.2)
Pre-FIRM structure. "Pre-FIRM structure"
means a structure for which construction or substantial improvement
occurred on or before December 31, 1974, or before the Township's
initial FIRM dated October 14, 1977, and, as such, would not be required
to be compliant with the regulations of the NFIP.
[Added 2-23-2016 by Ord.
No. 504]
(55.3)
Recreational vehicle. "Recreational
vehicle" means a vehicle which is built on a single chassis; not more
than 400 square feet, measured at the largest horizontal projections;
or designed to be self-propelled or permanently towable by a light-duty
truck, not designed for use as a permanent dwelling but rather as
temporary living quarters for recreational, camping, travel, or seasonal
use.
[Added 2-23-2016 by Ord.
No. 504]
(55.4)
Regulatory flood elevation. "Regulatory
flood elevation" is the elevation to which development is regulated
for purposes of elevation and/or dry floodproofing. It is equal to
the base flood elevation (BFE) plus a freeboard of 1 1/2 feet.
[Added 2-23-2016 by Ord.
No. 504]
(56)
Rooming house or tourist home. "Rooming house"
or "tourist home" means a dwelling that is not a single-family or
multifamily dwelling but that provides lodging, with or without meals,
and having accommodations for more than two guests. "Rooming house"
or "tourist home" includes fraternity houses, lodges, residential
clubs and boarding houses.
(57)
Satellite earth station. "Satellite earth station,"
commonly referred to as a "dish antenna" means a combination of:
A.
An antenna or dish, the purpose of which is
to receive communication or other signals from orbiting satellites
or other extraterrestrial sources;
B.
A low-noise amplifier which is situated at the
focal point of the antenna, the purpose of which is to magnify and
transfer signals; and
C.
A coaxial cable, the purpose of which is to
carry signals into the interior of the building.
(58)
Satellite earth station height. "Satellite earth
station height" means the height of the antenna or dish measured vertically
from the highest point of the antenna or dish, when positioned for
operation, to the bottom of the base which supports the antenna or
dish.
(59)
Shall. "Shall" is mandatory.
(60)
Sign. "Sign" means a structure, other outdoor
surface or any device used for visual communication, which is used
to bring the subject thereof to the attention of the public or to
display, identify and publicize the name and product or service of
an individual, business organization or institution. "Sign" includes
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, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, designs, symbols, fixtures, colors, illumination
or projected images. Specifically:
A.
"Business sign" means a sign which directs attention
to a business, to a commodity for sale or to a profession, service
or entertainment rendered or offered upon the premises where such
sign is located.
B.
"Off-premises advertising sign or billboard"
means a sign which directs attention to a business, commodity, service,
entertainment or facility not located, conducted, sold or offered
upon the premises where such sign is located.
[Amended 4-10-2012 by Ord. No. 484]
C.
"Flashing sign" means any illuminated sign on
which the artificial light is not maintained stationary and constant
in intensity or color at all times when such sign is in use. "Flashing
sign" includes moving, rotating, flashing, oscillating, shuttered
or similar signs.
D.
"Directional sign" means a sign, either temporary
or permanent, containing no advertising other than a name which serves
as a convenience to the public to show direction to a place or activity.
F.
"Temporary sign" means a sign intended to be
erected for a relative short period of time, which time shall be terminated
by the occurrence of the work or event or the sale of the premises
or product to which such sign refers. A temporary sign shall comply
with the provisions of this Zoning Code for permanent signs regarding
location, construction and public safety.
G.
"Illuminated sign" means any sign which is designed
to be seen at night by virtue of artificial light from within, behind
or upon such sign, not including reflector-type signs unless the source
of light is made a part of or is related to such sign.
H.
"Sign area" means the gross area within a single
continuous perimeter enclosing the extreme limits of a sign. However,
such perimeter shall not include any structural elements lying outside
the limits of such sign and not forming an integral part of the display,
unless such structural elements are purposely illuminated to form
a part of the display. In the case of an open sign made up of individual
letters, figures or designs, the space between such letters, figures
or designs shall be included in such calculation. In computing the
area of a double-faced sign, only one side shall be considered, provided
that both sides are identical, and a V-type sign, the interior angle
of which is less than 45°, shall be considered a double-faced
sign. A V-type sign, the interior angle of which is greater than 45°,
shall not be deemed to be a double-faced sign, and both sides shall
be computed as sign area.
I.
"Wall sign" means a sign attached to or painted
on a wall.
(61)
Special exception. "Special exception" means permission or approval granted by the Zoning Hearing Board in accordance with Chapter 1252 in situations where provision therefor is made by this Zoning Code.
(61.1)
Special Flood Hazard Area (SFHA).
"Special Flood Hazard Area (SFHA)" means an area in the floodplain
subject to a one-percent-or-greater chance of flooding in any given
year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.
[Added 2-23-2016 by Ord.
No. 504]
(62)
Street. "Street" means a right-of-way, municipally
or privately owned, serving as a means of vehicular and pedestrian
travel, furnishing access to abutting properties and space for sewers
and public utilities.
(63)
Street line or setback. "Street line" or "setback"
means the dividing line between a lot and the outside boundary or
ultimate right-of-way line of a public street, road or highway legally
opened or 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.
(64)
Structural alteration. "Structural alteration"
means any change in or addition to the supporting or structural members
of a building, such as the bearing walls, partitions, columns, beams
or girders, or any change which would convert an existing building
into a different structure or adopt it to a different use, or which,
in the case of a nonconforming use, would prolong the life of such
use.
(65)
Structure. "Structure" means any man-made object
having an ascertainable stationary location on or in land or water,
whether or not such object is affixed to the land.
(66)
Substantial damage. "Substantial damage" means
damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before-damaged condition would equal
or exceed 50% of the market value of the structure before the damage
occurred.
(67)
Substantial improvement. "Substantial improvement"
means any repair, reconstruction, rehabilitation, addition or other
improvement of a structure, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, as defined herein, regardless of the actual repair
work performed. The term does not, however, include either:
A.
Any project for improvement of a structure to
correct existing violations of state or local health, sanitary or
safety code specifications which have been identified by the local
code enforcement official and which are the minimum necessary to assure
safe living conditions; or
B.
Any alteration of an historic structure, provided
that the alteration will not preclude the structure's continued designation
as an historic structure.
(68)
Tenure. "Tenure" means the legal basis of occupancy
of a unit, including fee simple, tenancy, condominium and cooperative
forms of ownership.
(69)
Ultimate right-of-way. "Ultimate right-of-way"
means 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
office of the Township Secretary.
(70)
Used. "Used" or "occupied," as applied to any
land or building, shall also include the words "intended, arranged
or designed to be used or occupied."
(71)
Variance. "Variance" means permission or approval granted by the Zoning Hearing Board in accordance with Chapter 1252, which constitutes a modification of or deviation from this Zoning Code as applied to a specific real property or portion thereof.
(72)
Watercourse. "Watercourse" means a natural drainageway
subject to concentrated stormwater runoff from a drainage area of
at least 5.0 acres. Watercourses shall include intermittent streams
which do not maintain a constant base flow throughout the year. The
area of a watercourse shall be the floodplain associated with such
watercourse as defined in Section 1290 of this Code or 50 feet from
the center of such watercourse in the absence of a flood study to
define the area of inundation during a one-hundred-year flood event
associated with such watercourse.
(73)
Water survey. "Water survey" means an inventory
of the source, quantity, yield and use of groundwater and surface
water resources.
(74)
Yard. "Yard" means an open, unoccupied space
on the same lot with a building or other structure or use, which space
is open and unobstructed from the ground to the sky, except for public
utility lines or facilities, landscaping and parking as restricted
by the applicable zoning district. Specifically:
A.
"Front yard" means a yard extending the full
width of the lot along the street line and extending in depth from
the street line to the nearest point of any structure on the lot.
B.
"Rear yard" means a yard extending the full
width of the lot along the rear lot line and extending in depth from
the rear lot line to the nearest point of any structure on the lot.
C.
"Side yard" means a yard extending the full
depth of the lot along a side lot line and extending in width from
such side lot line to the nearest point of any structure on the lot.
(75)
Zoning Code. "Zoning Code" means Ordinance 223,
passed December 10, 1985, as amended, codified herein as Title Six
of Part Twelve - the Planning and Zoning Code.
(76)
Zoning Hearing Board. "Zoning Hearing Board"
means the Zoning Hearing Board of the Township.
(77)
Zoning Map. "Zoning Map" means the Zoning Map
of the Township.
