Township of Upper Gwynedd, PA Article II Word Usage; Definitions

§ 195-3 Word usage; definitions.

A. Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meanings indicated in this article. The present tense includes the future; the singular number includes the plural and the plural the singular; the word "building" includes the word "structure" and shall be construed as if followed by the words "or part thereof"; the word "occupy" includes the words "designed or intended to be occupied"; the word "use" includes the words "arranged, designed or intended to be used"; and the word "shall" is always mandatory.

B. As used in this chapter, the following terms shall have the meanings indicated:

ACCESSORY BUILDING

A detached subordinate building, the use of which is customarily incidental and subordinate to that of the principal building and which is located on the same lot as that occupied by the principal building.

ACCESSORY USE

A use subordinate to the principal use of land or a building or other structure on a lot and customarily incidental thereto. See § 195-9F for uses included in this definition as accessory to agricultural, dwelling and noncommercial recreational use.

ADULT BOOKSTORE

An establishment having more than 5% of its stock-in-trade in books, magazines, video tapes, video disks, video displays, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.

[Added 7-23-2012 by Ord. No. 2012-04]

ADULT ENTERTAINMENT CABARET

A public or private establishment, which is licensed to serve food and/or alcoholic beverages, that features topless dancers, strippers, male or female impersonators or similar entertainers.

[Added 7-23-2012 by Ord. No. 2012-04]

ADULT MOTION-PICTURE THEATER

An enclosed building used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

[Added 7-23-2012 by Ord. No. 2012-04]

AGRICULTURE

The cultivating of the soil and the raising and harvesting of the products of the soil, including, but not by way of limitation, nursery, horticulture and forestry; agricultural land used or intended to be used for the cultivating of the soil or land used or intended to be used for agricultural purposes or adaptable for agricultural purposes, whether actually used as such or not.

ALTERATION, STRUCTURAL

Any change in or addition to the supporting or structural members of a building, such as the bearing walls, columns, beams or girders, or any change which would convert an existing building into a different structure, including the enclosing of a porch, or adapt it to a different use or which, in the case of a nonconforming use, would prolong the life of such use.

ANCHOR

The fastening of the mobile home to its mobile home stand in order to prevent upset or damage due to wind, erosion or other natural forces.

ANTENNA

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

[Added 4-28-2014 by Ord. No. 2014-08; amended 10-28-2019 by Ord. No. 2019-12]

BABYSITTING

Provision of care for not more than a total of three children under 16 years of age unrelated to the caregiver.

[Added 1-22-1990 by Ord. No. 90-4]

BASE FLOOD

The flood which has been selected to serve as the basis upon which the floodplain management provisions of this chapter have been prepared; for purposes of this chapter, the one-hundred-year flood, as delineated in the Flood Insurance Study, Upper Gwynedd Township, prepared by the Federal Insurance Administration, Federal Emergency Management Agency.

[Amended 12-18-1996 by Ord. No. 96-12]

BASE FLOOD ELEVATION

The one-hundred-year flood elevation, as referenced in the Flood Insurance Study, Upper Gwynedd Township, prepared by the Federal Insurance Administration, Federal Emergency Management Agency. Within the approximated floodplain, the base flood elevation shall be established as a point on the boundary of the approximated floodplain closest to the construction site in question.

[Amended 12-18-1996 by Ord. No. 96-12]

BATHROOM

A room containing sink, toilet, shower and/or bathtub.

BOARDINGHOUSE

A dwelling unit or part thereof in which rooms and meals are provided for compensation. Includes the use of rooming house and halfway house.

[Added 10-28-2002 by Ord. No. 2002-20]

BUFFER

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, buffers may be included as part of the required setbacks and yard areas. Buffers are divided into three types:

(1) SCREEN BUFFER A buffer comprised of natural and/or man-made material arranged in 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 transmittal of noise and odors between the sides. The screen buffer shall be 25 feet in width unless other dimensions are required elsewhere in this chapter.

(2) SOFTENING BUFFER A buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to ease and soften, but not essentially block, the view from one side to another and to reduce the transmittal of noise and odors between the sides.

(3) OPEN BUFFER A buffer normally comprised of grass, ground cover and/or possibly other landscaping material having a specified depth, but not necessarily having significant vertical components to achieve a certain height of density, the purpose of which is to achieve adequate spacing and attractive landscaping between two or more actively used areas.

BUILDING

Any structure having a roof supported by columns, piers or walls located on the land. "Building" is used to include a shed, garage, carport, stable, greenhouse, tent, canopy, structures on wheels not used or registered as motor vehicles or other accessory buildings, and other structures having other supports or any unroofed platform, deck, terrace or porch.

BUILDING AREA

The aggregate of the maximum horizontal cross-sectional areas of all buildings on a lot above the ground level, measured at the greatest outside dimensions, excluding cornices, eaves, gutters or chimneys projecting not more than 18 inches; bay windows not extending through more than one story and not projecting more than five feet; steps; balconies.

BUILDING COVERAGE

The total percentage of lot area occupied by buildings' area.

BUILDING LINE

The line which establishes the minimum depth of front yard for the particular district as measured from the street line.

BUILDING, PRINCIPAL

A structure enclosed within exterior walls or fire walls; built, erected and framed of component structural parts; designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind; or the main structure on a lot.

CO-LOCATION

The mounting of one or more WCFs, including antennae, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

[Added 4-28-2014 by Ord. No. 2014-08; amended 10-28-2019 by Ord. No. 2019-12]

COMMON DRIVEWAY

A driveway giving access to the street to single-family townhouse units or serving more than one dwelling unit and which must be set forth as an easement in each deed to said single-family townhouses or the dwelling units it serves.

COMMON OPEN AREA

Any area of land and/or water designed for joint use and recreational enjoyment of tenants and/or owners occupying a development, including common parking areas, roadways, storage buildings and similar facilities not primarily intended for recreational benefit.

COMPREHENSIVE PLAN

The Upper Gwynedd Township Comprehensive Plan of 1970, as amended.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of mobile homes.

CONSUMER FIREWORKS

Any combustible or explosive composition or any substance or combination of substances which is intended to produce visual or audible effects by combustion, is suitable for use by the public, complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Product Safety Commission in 16 CFR (relating to commercial practices) or any successor regulation and complies with the provisions for "consumer fireworks" as defined by the American Pyrotechnics Association Standard 87-1 or any successor standard. Consumer fireworks do not include devices such as ground and handheld sparkling devices, novelties or toy caps as defined in the American Pyrotechnics Association Standard 87-1 or any successor standard.

[Added 9-24-2018 by Ord. No. 2018-011]

DAY CARE

Provision of care for children unrelated to the caregiver without overnight provisions, limited to the hours of 7:00 a.m. to 8:00 p.m.

[Added 1-22-1990 by Ord. No. 90-4]

DAY-CARE CENTER

Any premises in which child day care is provided for a group of 12 or more children simultaneously, who are not related to the operator, including nursery schools, and is licensed by the Commonwealth of Pennsylvania.

[Added 1-22-1990 by Ord. No. 90-4]

DENSITY

The number of dwelling units per developable acre.

DEVELOPABLE ACRE

All land within the lot lines, except that located within existing rights-of-way of public roads and overhead utility lines, 50% of the one-hundred-year floodplain and land continuously covered with water.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets and other paving, utilities, mining, dredging, filling, grading, excavation or drilling operations or the storage of materials or equipment.

[Amended 12-18-1996 by Ord. No. 96-12]

DISPLAY FIREWORKS

Large fireworks to be used solely by professional pyrotechnicians and designed primarily to produce visual or audible effects by combustion, deflagration or detonation and shall include all fireworks that exceed the limits of explosive materials for classification as consumer fireworks.

[Added 9-24-2018 by Ord. No. 2018-011]

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 4-28-2014 by Ord. No. 2014-08]

DORMITORY

A building used as group living quarters for a student body or religious order such as may be associated with educational or institutional uses.

[Added 10-28-2002 by Ord. No. 2002-20]

DRIVEWAY

A means of passage for vehicles upon a lot, which must be of concrete or bituminous material.

DUPLEX

A detached building having two separate living units, one over the other.

DUPLEX DWELLING UNIT

One of the living units in a duplex.

DWELLING

A building designed for and occupied exclusively for residential purposes, excluding hotel, rooming house, tourist home, institutional home, residential club, motel and the like, but including the following:

(1) SINGLE-FAMILY DETACHED DWELLING A building designed for and occupied exclusively as a dwelling for one family, having no party or common wall and being completely surrounded by its own yard.

(2) TWO-FAMILY DWELLING A building designed for and occupied exclusively by two dwelling units, including:

(a) SINGLE-FAMILY SEMIDETACHED DWELLING (TWIN) A dwelling unit in which one side wall is a party wall in common with a neighboring dwelling unit designed so that the vertical party wall separates two families.

(b) TWO-FAMILY DETACHED DWELLING (DUPLEX) A building having two separate dwelling units, one over the other.

(3) SINGLE-FAMILY TOWNHOUSE DWELLING A dwelling unit within a building designed and occupied for one family, having individual outside access and at least two independent outside yards, and attached to but separated from adjoining dwelling units by not more than two vertical party walls from ground to roof and sharing no internal facilities. Not a two-family dwelling. Each group shall contain not less than three nor more than six dwelling units attached in a single building.

(4) MULTIPLE-FAMILY DWELLING A building designed for and occupied exclusively by three or more dwelling units, each known as an apartment or "flat," being vertically arranged, sharing outside access and having one or more walls, as well as a ceiling and/or floor, in common with another dwelling unit.

(5) QUADRAPLEX A detached building with four living units, each unit of which touches two other living units by means of common wall or walls which are not parallel and are party walls.

(6) TRIPLEX A detached building with three living units, each unit of which touches at least one other of the units by a common wall and the third at a common junction point. The common walls shall not be parallel and shall be party walls.

(7) TWIN DUPLEX A detached building containing two pairs of living units separated by a party wall, each pair consisting of separate living units, one over the other.

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family, including living, sleeping, cooking, eating and sanitary facilities. Units designed for or occupied for transient occupancy, such as hotels, motels, or tourist homes, short-term rentals, or for sleeping and sanitary needs only, such as a club, rooming house, fraternity, sorority or institutional home, are not considered dwelling units for the purpose of this chapter.

[Amended 9-25-2017 by Ord. No. 2017-08; 8-26-2019 by Ord. No. 2019-11]

EMERGENCY

A condition that:

[Added 4-28-2014 by Ord. No. 2014-08]

(1) Constitutes a clear and immediate danger to the health, welfare or safety of the public; or

(2) Has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

FAMILY

Any number of persons living and cooking together as a single, nonprofit and nontransient housekeeping unit. A nontransient housekeeping unit shall not include short-term rentals. A family does not include larger group living situations such as student housing, dormitories, fraternities, sororities, monasteries, nunneries and the like.

[Amended 10-28-2002 by Ord. No. 2002-20; 9-26-2005 by Ord. No. 2005-11; 9-25-2017 by Ord. No. 2017-08; 9-25-2017 by Ord. No. 2017-08; 8-26-2019 by Ord. No. 2019-11]

FAMILY DAY-CARE HOME

Any premises other than the child's own home, in which child day care is provided at any one time for not less than four nor more than six children, who are not relatives of the caregiver.

[Added 1-22-1990 by Ord. No. 90-4]

FARM

Property which is used for the cultivating of soil and/or the raising of animals and/or fowl and harvesting the products of the soil and the raising and breeding of animals for market or dairy products and the raising and breeding of fowl for market or eggs.

FCC

Federal Communications Commission.

[Added 4-28-2014 by Ord. No. 2014-08]

GARAGE

(1) GARAGE, PRIVATE An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and members of his immediate family residing on the premises and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. Not more than one commercial vehicle or truck may be stored in a private garage.

(2) GARAGE, PUBLIC A building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.

(3) GARAGE, STORAGE A building, not a private or public garage, used solely for the storage of motor vehicles but not for the sale, service or repair thereof nor for the sale of fuel, accessories or supplies.

GROUP DAY-CARE HOME

A facility in which care is provided for more than six but less than 12 children in residence at any one time, where the child-care areas are being used as a family residence. A facility in which care is provided for more than six but less than 12 children in residence at any one time may be licensed/approved as a day-care center if care is provided in a facility where the child-care areas are not being used as a family residence and the provider meets the requirements of a day-care center as specified in § 8A of the Day Care Service for Children Regulations of the Commonwealth of Pennsylvania.

[Added 1-22-1990 by Ord. No. 90-4]

GROUP QUARTERS

Includes nursing homes, prisons, college dormitories and military quarters.

[Added 10-28-2002 by Ord. No. 2002-20]

HEIGHT OF A TOWER-BASED WCF

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

[Added 4-28-2014 by Ord. No. 2014-08]

HEIGHT OF BUILDING

A building's vertical measurement from the mean level of the ground surrounding the building to the highest point in the roofline, in the case of a roof sloping less than 15° from the horizontal, or to a point midway between the peak and the eaves, in the case of a roof sloping 15° or more from the horizontal.

HISTORICAL STRUCTURE

Any structure that is:

[Added 12-18-1996 by Ord. No. 96-12]

(1) Listed individually on the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(2) 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;

(3) 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

(4) Individually listed on a Local Inventory of Historic Places in communities with historic preservation programs that have been certified either by an approved state program as determined by Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

HOME OCCUPATION

An occupation for gain or support conducted entirely within the principal or accessory building as further defined in § 195-9F(1)(e) of this chapter.

LOADING SPACE

An off-street space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.

LOT

A parcel of land which is occupied or is to be occupied by one principal building or other structure or use, together with any accessory building or other structures or uses customarily incidental to such principal building or other structure or use, and any such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such open spaces and the area and dimensions of such lot being not less than the minimum required by this chapter.

LOT AREA

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. In calculating the minimum lot area required in all zoning districts, the area located within the access strip to a flag (or rear) lot up to a point where the minimum lot width is achieved shall be excluded.

LOT, FLAG (REAR LOT)

A lot which is connected to a public street, by way of an access strip. The access strip shall be not less than 25 feet in width and shall be held in fee simple ownership as a part of the flag lot. The area of the access strip (up to a point where the minimum lot width is achieved) shall not be included in calculating the minimum lot area required for the Zoning District in which it is located. The front yard of any such lot shall be either that facing the access driveway or that facing the access street.

[Amended 12-19-2016 by Ord. No. 2016-19]

LOT FRONTAGE

In residential districts, the minimum lot width at the right-of-way line along the turnaround radius of a cul-de-sac shall be not less than 50 feet or the required lot width established at the building setback line, whichever is less.

LOT LINE

A property boundary line of any lot held in single and separate ownership, except that in the case of any lot abutting a street, the lot line for such portion of the lot as abuts the street shall be deemed to be the same as the street line and shall not be the center line of the street or any other line within the street line even though such may be the property boundary line.

LOT, REVERSE FRONTAGE

A lot extending between and having frontage on two generally parallel streets, with vehicular access from only one street, which shall be the street of lower traffic volume.

MOBILE HOME

A single-family dwelling intended for permanent occupancy which meets the requirements of applicable state and/or federal regulations and is certified by them, contained in one unit, or in multiple units designed to be joined into one integral unit capable of again being separated for towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and is constructed so that it may be used with or without a permanent foundation, including any roofed addition such as covered patios and porches.

MOBILE HOME STAND

That part of a lot which has been prepared for the placement of a mobile home.

MOBILE HOME, WIDTH OF

(1) SINGLE-WIDTH MOBILE HOME Constructed and designed to be a complete unit by itself.

(2) DOUBLE-WIDTH MOBILE HOME A combination of two or more separately constructed units designed to be attached to form one unit which is two times the width of a single mobile home.

MODULAR HOME

A transportable, single-family detached dwelling intended for permanent occupancy, office or place of assembly, contained in one unit or in two 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 and constructed so that it may be used with or without a permanent foundation.

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

[Added 4-28-2014 by Ord. No. 2014-08]

MOTEL

A building or a group of two or more detached or semidetached buildings containing rooms having separate entrances provided directly or closely in connection with automobile parking or storage space serving such rooms, which building or group of buildings is designed, intended or used principally for the provision of sleeping accommodations for automobile travelers and is suitable for occupancy at all seasons of the year. Units which contain kitchen facilities of any kind shall not be considered motel units.

NEW STRUCTURE

Structures for which the start of construction commenced on or after February 27, 1978, and includes any subsequent improvements to such structures.

[Added 12-18-1996 by Ord. No. 96-12]

NO-IMPACT HOME-BASED BUSINESSES

A business or commercial activity administered or conducted as an accessory use, which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use.

[Added 10-28-2002 by Ord. No. 2002-21]

NONCONFORMING

A building or other structure, use or lot which, by reason of design, size or use, does not conform to the requirements of the district or districts in which it is located.

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.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

All non-tower wireless communications facilities, including but not limited to antennas and related equipment. Non-tower WCF shall not include support structures for antennas or any related equipment that is mounted to the ground or at ground level.

[Added 4-28-2014 by Ord. No. 2014-08]

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year; for the purposes of this chapter, the one-hundred-year flood (base flood) as defined by the Federal Insurance Administration, Federal Emergency Management Agency, in the Flood Insurance Study, Upper Gwynedd Township.

[Amended 12-18-1996 by Ord. No. 96-12]

PARKING SPACE

A space constructed of concrete or bituminous material available for the parking of one motor vehicle, having a width, length and an area of not less than required for the specific use, exclusive of driveways and other means of circulation or access.

[Amended 3-25-1991 by Ord. No. 91-3]

PERSONS

Individuals, corporations, companies, associations, joint-stock companies, firms, partnerships, limited liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township or to any department or agency of the Township.

[Added 4-28-2014 by Ord. No. 2014-08]

PLANTING STRIP

A "softening buffer," as defined above.

RELATED EQUIPMENT

Any piece of equipment related to, incident to, or necessary for the operation of a tower-based WCF or non-tower WCF. By way of illustration, not limitation, "related equipment" includes generators and base stations.

[Added 4-28-2014 by Ord. No. 2014-08]

RENTAL, SHORT-TERM

A transient vacation rental or use in which overnight accommodations are provided in dwelling units to guests for compensation, for periods of less than 30 days.

[Added 8-26-2019 by Ord. No. 2019-11]

RIGHT-OF-WAY or ROW

The surface of and space above and below any real property in the Township in which the Township has a regulatory interest or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Township, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Township. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way. For the purpose of this chapter, ROW shall include streets and roads owned by Montgomery County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.

[Amended 4-28-2014 by Ord. No. 2014-08]

ROOMING HOUSE

A dwelling, not a single-family or two-family dwelling, apartment house or hotel, providing lodging, with or without meals, and having lodging accommodations for less than 10 guests.

SELF-SERVICE STORAGE FACILITY

Real property designed and used for the purpose of renting or leasing individual storage spaces to residential and small business customers, including living quarters for the manager.

[Added 7-28-2003 by Ord. No. 2003-11]

SERVICE STATION

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 nor the display or offering of motor vehicles for sale.

SEWER RISER PIPE

That portion of the sewer connection which extends vertically to the ground elevation at each mobile home lot.

SIGN

Any letter, number, symbol, figure, character, mark, plane, design, picture, stroke, stripe, trademark or combination of these which is constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever; which is used to the attraction of the public to any place, subject, person, firm, corporation, public performance, article or merchandise; and which is displayed in any manner whatsoever so that it can be seen from the exterior of a building, the property line of a lot or the right-of-way of a public street or highway, including permanent window signs placed inside windows to attract the attention of those outside in the public right-of-way.

SMALL WIRELESS COMMUNICATIONS FACILITY

A wireless communications facility that meets the following criteria:

[Added 10-28-2019 by Ord. No. 2019-12]

(1) The structure on which antenna facilities are mounted:

(a) Is 50 feet or less in height; or

(b) Is no more than 10% taller than other adjacent structures; or

(c) Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities.

(2) Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volumes.

(3) All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.

(4) The facilities do not require antenna structure registration under 47 CFR Part 17.

(5) The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x).

(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SPECIAL EXCEPTION

Permission or approval granted by the Zoning Hearing Board in accordance with Article X hereof, in situations where provision thereof is made by the terms of this chapter.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs and light poles.

[Added 4-28-2014 by Ord. No. 2014-08]

STORY

That part of any building comprised between any floor and the floor or roof next above. The first story of a wall is the lowest story which is 75% or more above the average level of the ground adjacent to said wall.

STREET LINE

The right-of-way line.

STREET or ROAD

A strip of land, including the entire right-of-way (i.e., not limited to the cartway), intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes street, avenue, boulevard, road, highway, freeway, parkway, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STRUCTURE

Any form or arrangement of building materials involving the necessity of providing support, bracing, tying, anchoring or other protection against the forces of the elements.

SUBSTANTIAL DAMAGE

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.

[Added 12-18-1996 by Ord. No. 96-12]

SUBSTANTIAL IMPROVEMENT

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:

[Added 12-18-1996 by Ord. No. 96-12]

(1) 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

(2) Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

[Added 4-28-2014 by Ord. No. 2014-08; amended 10-28-2019 by Ord. No. 2019-12]

(1) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater;

(a) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

(2) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

(3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

(4) It entails any excavation or deployment outside the current site;

(5) It would defeat the concealment elements of the eligible support structure; or

(6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in § 1.40001(b)(7)(i) through (iv).

SWIMMING POOL

Any permanent or temporary structure used for swimming or bathing which has a depth in any part of 24 inches or more. A "residential swimming pool" is any swimming pool which is constructed on the same lot with and used in conjunction with a dwelling and which is available only to the occupants of the dwelling and their private guests.

TAVERN

A commercial establishment at which alcoholic beverages are served to the public, said term to include a brew pub that manufactures alcoholic beverages on site for on-site and off-site sale.[1]

[Added 7-23-2012 by Ord. No. 2012-04]

TOWER-BASED WIRELESS COMMUNICATIONS FACILITY (TOWER-BASED WCF)

Any structure that is used for the purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, utility poles and light poles. DAS hub facilities are considered to be tower-based WCFs.

[Added 4-28-2014 by Ord. No. 2014-08]

TOWNHOUSE APARTMENT

A dwelling unit of more than one level in a building which is part of a Garden Apartments District.

TOWNSHIP

Upper Gwynedd Township, Montgomery County, Pennsylvania.

[Added 4-28-2014 by Ord. No. 2014-08]

TRACT

A lot or group of lots assembled for a single application or proposal.

[Added 8-22-2023 by Ord. No. 2023-02]

TRACT AREA

All land within the lot lines of a tract except that located within existing rights-of-way of a public street or road, overhead utility lines, and floodplains as regulated by the 100-year FEMA floodplain.

[Added 8-22-2023 by Ord. No. 2023-02]

TRAILER (HOUSE, TRAVEL OR RECREATION VEHICLES)

Any vehicle designed, intended, arranged or used as a temporary place for living, eating, sleeping or business, equipped for use as a conveyance on streets or highways, the dimensions of which are within the maximum size limitations for use without a special permit by the Pennsylvania Motor Vehicle Code; for the purposes of this chapter, not a dwelling unit, mobile home or modular home.

TRAILER CAMP

A lot or premises used for occupancy by two or more trailers for any length of time.

TREATMENT CENTER

A facility providing health services to primarily inpatients, including services for health maintenance, diagnosis, treatment of or rehabilitation from human diseases, injury or physical condition. Includes the use of residential treatment facility.

[Added 10-28-2002 by Ord. No. 2002-20]

USUAL PROJECTION

Any projection beyond the line of the walls of a building, such as cornices, eaves, gutters, chimneys, buttresses, one-story bay windows, covered or uncovered steps, balconies and similar projections.

UTILITY FACILITY

A facility providing for the treatment, conveyance, distribution and transmission of stormwater or wastewater, including, but not limited to, treatment facilities, pump stations, retention and detention basins and all pipes, interceptors and transmission lines and other facilities related thereto.

[Added 4-24-2016 by Ord. No. 2017-03]

VARIANCE

Permission or approval granted by the Zoning Hearing Board, in accordance with Article X hereof, constituting a modification of or deviation from the exact provisions of this chapter as applied to a special piece of property.

WBCA

Pennsylvania Wireless Broadband Collocation Act (53 P.S. § 11702.1 et seq.).

[Added 4-28-2014 by Ord. No. 2014-08]

WIRELESS

Transmissions through the airwaves, including, but not limited to, infrared line of sight, cellular, PCS, microwave, satellite, or radio signals.

[Added 4-28-2014 by Ord. No. 2014-08]

WIRELESS COMMUNICATIONS FACILITY APPLICANT (WCF APPLICANT)

Any person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way (ROW) or other Township-owned land or property.

[Added 4-28-2014 by Ord. No. 2014-08]

WIRELESS COMMUNICATIONS FACILITY (WCF)

The antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.

[Added 4-28-2014 by Ord. No. 2014-08]

WIRELESS SUPPORT STRUCTURE

A freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless communications facility if approved by the Township.

[Added 4-28-2014 by Ord. No. 2014-08]

YARD

The required open, unoccupied space on the same lot with a building or structure, open and unobstructed from the ground to the sky except for cornices, eaves, gutters, chimneys projecting not more than 16 inches, fences, uncovered steps and accessory buildings or accessory structures herein otherwise permitted.

(1) FRONT YARD A yard extending the full width of the lot along the street right-of-way line and not less in depth, measured from the street right-of-way line, than the minimum required in each district. In the case of a corner lot, the yards extending along all streets are "front yards" and the remaining yards shall include a rear yard, opposite the street to which the principal building is generally faced, and a side yard, opposite the other street. In the case of a reverse-frontage lot, the yard extending along the street to which access is provided is the front yard.

(2) REAR YARD A yard extending the full width of the lot along the rear lot line and extending from the rear lot line to the nearest point of any principal structure on the lot. In the case of irregular lots, a lot which has more than four sides or triangular lots, the rear lot line shall be measured from a line at least 20 feet in length within the lot which shall be parallel to and at the maximum distance from the front yard opposite the street to which the principal building is faced.

(3) SIDE YARD A yard extending the full depth of the lot along a side lot line and extending in width from such lot line to the nearest point of any principal structure on the lot.

[1] Editor's Note: The former definition of "tower, communications," which immediately followed this definition, was repealed 4-28-2014 by Ord. No. 2014-08.