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Township of Upper Chichester, PA
Delaware County
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Table of Contents
Table of Contents
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this chapter to have the meaning indicated herein. Words used in the present tense include the future. The singular shall include the plural, and the plural shall include the singular. The word "building" includes the word "structure." The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" or "occupied for." The word "person" includes an individual, corporation, partnership, incorporated association or any other similar entity. The words "includes" or "including" shall not limit the term to the specified examples but are intended to extend their meaning to all other instances of like kind and character. The words "shall" and "will" are mandatory and not discretionary, and the word "may" is permissive. Terms not defined herein shall have the meaning customarily assigned to them.
In this chapter, words, terms, and phrases shall have the following meanings:
ABANDONMENT
The cessation of the use of a property by the owner or lessee for a period of six consecutive months without the clear and verifiable intention of transferring rights to the property to another owner or resuming the use of the property.
ACCESSORY STRUCTURE
A structure detached from a principal building on the same lot and incidental and subordinate to the principal building or use.
ACCESSORY USE
A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
ADULT ENTERTAINMENT
Activities, publications, movies, videotapes and/or live or televised performances which have as their dominant theme or themes explicit sexual activities and/or the exhibition of human anatomy which is not normally seen in public or in other commercial or club-type operations and which may or may not exclude minors by virtue of age. Implicit in this definition are the following: bookstores, movie theaters, restaurants, bars and other operations which qualify inclusion by virtue of the above wording regardless of the type of other use or operations which may also be conducted on or in the property or properties involved.
ALTERATION
Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress and egress, or any enlargement to or diminution of a building or structure, or the moving of a building from one location to another.
ANTENNA
A device used to collect or transmit telecommunications or radio signals. Examples are: panels, microwave dishes, and single poles known as "whips."
ANTENNA HEIGHT
The vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.
ANTENNA SUPPORT STRUCTURE
Any pole, telescoping mast, monopole, tower, tripod, or any other structure which supports or has attached to it, an antenna or antennae.
AVERAGE GROSS RESIDENTIAL DENSITY
The total number of dwelling units in a planned residential development (PRD) divided by the gross acreage of the tract as reduced by any areas to be devoted to commercial use.
BASEMENT
An enclosed area partly or completely below grade. A basement shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average grade level around the building.
BILLBOARD
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a, location other than the premises on which the sign is located.
BREWERY
A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board. On-site consumption may occur in a taproom or in a permitted outdoor dining area.
[Added 5-6-2021 by Ord. No. 746]
BREWPUB
A full-service or fast-casual restaurant where the consumption of prepared food is accessory to sale and production of alcoholic beverages, and which possesses the appropriate license from the Pennsylvania Liquor Control Board. No drive-through service shall be permitted at a brewpub.
[Added 5-6-2021 by Ord. No. 746]
BUFFER AREA
A strip of land in which no parking areas, driveways or structures are permitted adjacent to the existing lot line to establish a separation between uses.
BUILDING
Any structure, temporary or permanent with a roof or other covering used or intended for supporting or sheltering any use, occupancy or property.
BUILDING COVERAGE
The ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located.
BUILDING HEIGHT
The vertical distance measured from the average level of the ground surrounding the structure to the highest point of the roof for flat roofs and to the ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical penthouses, tanks, antennas and similar projections of the building not intended for human occupancy shall not be included in calculating the height.
BUILDING LINE
A line parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the district in which the lot is located.
BUSINESS TRAILER
A trailer, semitrailer, travel trailer, office trailer, storage trailer or structure that was originally designed to be portable, that may be used as a temporary trailer if directly associated with an existing conforming use.
[Added 3-8-2018 by Ord. No. 721]
CHARITABLE OR NONPROFIT ORGANIZATION
A group organized for lawful purposes, other than generating a profit, such as a charitable, educational, political, social, trade, cultural, scientific, professional or similar organization.
COLLECTION FACILITY, SMALL
A facility for the collection of paper, glass, aluminum or other officially designated recyclable materials. Such facility shall have an area of not more than 500 square feet and shall be located either temporarily or permanently on the same lot with a principal or host use. No power-driven processing equipment is to be used on site. A permit from the Township shall be required prior to the establishment and operation of such facility.
COLLECTION FACILITY, STANDARD
A facility for the collection of paper, glass, aluminum or other officially designated recyclable materials. Such facility shall be larger than 500 square feet, located permanently on its own site, and have the capacity for aggregating and storing large amounts of material on site in preparation for shipping to the processing facility. Little or no power-driven processing equipment is to be used on site.
COMMERCIAL MOTOR VEHICLE
Any vehicle other than a personal or recreational vehicle (as defined herein) which is greater than 84 inches in height, whether or not engaged in a commercial enterprise, trade, profession or industry and which may or may not bear commercial aspects such as signs or an attached ladder or tool racks shall also be considered a commercial vehicle. Vehicles or trailers used to transport other vehicles, whether or not used in connection with a leisure-time or recreational pursuit, and which are not defined as recreational vehicles shall be considered for the purpose of this chapter as commercial vehicles.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a land development or a subdivision, designed and intended for the use or enjoyment of residents or occupants thereof, not including streets, off-street parking areas and areas set aside for public facilities.
COMMUNITY BUILDING
A building within a continuing care retirement community (CCRC) or a part thereof that houses common uses for CCRC residents such as common dining facilities, personal service shops, library, physical therapy facilities, and administration offices.
COMMUNITY RESIDENCE FACILITY, FAMILY-BASED
A residential facility licensed by the appropriate agency and used as living quarters by persons requiring special care and supervision by their adult supervisors. A family-based community residence facility is specifically designed to create a residential environment for up to five persons who are developmentally disabled, mentally ill, physically disabled, elderly, dependent children or similar types of individuals who are unable to live without supervision.
COMMUNITY RESIDENCE FACILITY, GROUP-BASED
An institutional facility intended and designed to accommodate persons recovering from alcohol, drugs or similar addictions by providing counseling, therapy and other rehabilitation programs designed to mainstream residents back into society enabling them to live independently.
COMPLETELY DRY SPACE
A space that will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.
CONDOMINIUM
A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.
CONSUMER FIREWORKS
Any combustible or explosive composition or any substance or any combination of substances, intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in Title 16 of the Code of Federal Regulations (CFR) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (ABA) Standard 87-1 or any successor standard thereto.[2]
[Added 6-12-2014 by Ord. No. 689]
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
A residential living environment and care facilities with a view toward creating provisions for sustenance, housing, physical, spiritual, cultural, social and medical needs; allowing for care of residents as well as for operation and maintenance of residential dwelling units; allowing for medical services for residents in the form of an infirmary for the temporary care of residents and the treatment of their medical problems and; allowing for independent living and assisted living, as well as skilled nursing facilities for both long-term and short-term care. The CCRC may include accessory uses primarily for the benefit of the CCRC residents such as gift shop; personal services such as a barber shop or beauty salon; common dining facilities; library; and administrative offices.
CONVENIENCE STORE
A one-story, retail store containing less than 5,500 square feet of gross floor area, being open 15 hours to 24 hours per day. It is designed to attract and depends upon a large volume of stop-and-go traffic. Examples of convenience stores are those operated by the "Wawa" and "7-11" chains.
CONVERSION
A change in the use of a building; for example, the change of a single-family dwelling to a multifamily dwelling or change of a retail use to office use. Such change may be accomplished without subdivision or the introduction of a new owner. Where the use and dimensional regulations of this chapter permit, such conversion may be accomplished by appropriate alteration upon the issuance of the necessary permits.
DAY-CARE CENTER, ADULT
A facility in which out-of-home care is provided to four or more elderly or disabled adults for not more than 16 hours in a twenty-four-hour period per day, excluding care provided by relatives.
DAY-CARE CENTER, GROUP
A facility providing care and supervision, and organized recreational and educational activities for 16 or more children under the age of 16. This facility may be located in a building or establishment designed or intended for day care or in a school or church or similar building as an accessory use. The hours of operation shall be less than a twenty-four-hour period per day. All such facilities are required to have approval or licensure as required by the Pennsylvania Department of Public Welfare.
DAY-CARE CENTER, INTERMEDIATE
A facility providing care and supervision for seven to 15 children under the age of 16. This facility may be located in a building or establishment designed or intended for day care with no live-in persons, or in a school or church or similar building as an accessory use. The hours of operation shall be less than a twenty-four-hour period per day. All such facilities are required to have approval or licensure as required by the Pennsylvania Department of Public Welfare.
DAY-CARE FACILITY, HOME-BASED
A home, other than the child's own home operated for profit or not for profit, in which child care is provided at any one time to four, five or six children unrelated to the operator. All required certifications and other requirements must be met before operation begins.
DENSITY, GROSS
The maximum number of dwelling units per acre. The term indicates all land within the boundaries of a particular area, including streets, rights-of-way and easements.
DENSITY, NET
This term refers to land within the boundaries of a particular area but excludes streets, rights-of-way, and easements in calculating net density.
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision, land development or any other development.
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; the subdivision of land and the storage of equipment and materials.
DWELLING
A building or unit designed and constructed for residential use.
DWELLING, ASSISTED-LIVING FACILITY
A dwelling that is licensed as a personal care home by the Commonwealth of Pennsylvania, as a type of multifamily dwelling.
DWELLING, GARDEN APARTMENT
A multiple-family dwelling of two stories in height designed for rental or condominium ownership of each housekeeping unit.
DWELLING, INDEPENDENT-LIVING FACILITY
A dwelling used exclusively for occupancy by one or more persons in a continuing care retirement community, typically in the form of an apartment for an age-qualified person, or in a separate building not attached to a CCRC building.
DWELLING, SINGLE-FAMILY ATTACHED (TOWNHOUSE)
A single-family dwelling within a building with not less than four or more than six attached dwellings. Each dwelling has at least one party wall in common with other dwellings in the same row; a townhouse.
DWELLING, SINGLE-FAMILY DETACHED
A building designed for and occupied exclusively as a residence for only one family with yards on all sides of the dwelling.
DWELLING, SINGLE-FAMILY SEMIDETACHED (TWIN)
Two dwelling units, each accommodating one family, which are attached side by side by means of a party wall, with each dwelling unit having only one side yard.
DWELLING, TWO-FAMILY DETACHED (DUPLEX)
Two dwelling units, each accommodating one family, which are located one over the other with the building having two side yards.
DWELLING UNIT
One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
EASEMENT
A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
EQUIPMENT FACILITY
Any structure or enclosure used to contain ancillary equipment as a component of a WCF, including a cabinet, shelter, a buildout of an existing structure, or a pedestal.
FAMILY
Any number of individuals living together as a single housekeeping unit when said individuals are related by blood, marriage or adoption, including foster children; or no more than five unrelated individuals living together as a single housekeeping unit with single kitchen facilities.
FLOODPLAIN DISTRICT
Those areas within Upper Chichester Township delineated in Article XVII, Floodplain Conservation Overlay District and subject to all such provisions of said article.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet. Gross floor area also includes but is not limited to the following:
A. 
Basement space, if it meets the requirements of a building story as defined herein.
B. 
Elevator shaft, stairwell and attic space providing headroom of six feet or more.
C. 
The floor areas of roofed terraces, exterior balconies, breezeways or porches where over 50% of the perimeter is enclosed.
D. 
Any floor space used for dwelling purposes no matter where located within a building.
FLOOR AREA, NET
The total of all floor areas of a building, excluding stairwells and elevator shafts, corridors, vestibules, toilet rooms, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for other than storage or mechanical purposes.
FREESTANDING BUILDING
Any building located within a development site which is separate from any group or cluster development on such site and which shall comply with the regulations of the district in which it is located.
GASOLINE 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.
GASOLINE STATION, SELF-SERVICE
A property and/or place of business where flammable or combustible liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles by a person other than the service station attendant.
HEALTH CLINIC
An office or clinic for medical or dental examination or treatment of persons primarily on an outpatient basis, including laboratories incidental thereto, provided that no overnight patients shall be kept on the premises.
HOME OCCUPATION, NO-IMPACT
Any lawful occupation or profession conducted in a dwelling, in which no persons other than the members of the resident family are engaged, which has no visible exterior evidence of the occupation, which does not create a need for off-street parking beyond the normal dwelling needs, and in which no equipment is used other than that normally used in household, domestic, or general office use.
HOME OFFICE, PROFESSIONAL
A home occupation conducted by a practitioner of a recognized profession together with the primary residential use. Examples of such professions include doctor, lawyer, accountant, architect, or member of a similar recognized profession. Insurance, real estate or similar offices are not included in the grouping and are more appropriately located in commercial districts.
HOMEOWNERS' ASSOCIATION
A nonprofit organization comprised of homeowners or property owners, planned and operated under approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned property and facilities.
IDENTIFIED FLOODPLAIN AREA
The floodplain areas specifically identified in this chapter in § 600-131.
IMPERVIOUS COVERAGE OR SURFACE
The coverage of the lot area or tract area by materials that prevent the percolation of water into the soil and generate stormwater runoff, such as buildings, streets, parking areas, driveways and any other similar surfaces.
INDUSTRIAL PARK
A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
LABORATORY
A building or group of buildings in which are located the facilities for scientific research, investigation, testing, and experimentation, but not including the manufacture of products for sale.
LAND DEVELOPMENT
A. 
The improvement of one lot, or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(1) 
One or a group of two or more buildings; or
(2) 
The division or allocation of land or space 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.
LANDSCAPED PLANTING AREA
An area landscaped with grass, ground cover, shrubs or similar plantings placed where required by this chapter and permanently maintained.
LAND SITE
A tract or parcel of land that contains the WCF, tower, antenna and/or telecommunications equipment building.
LOADING SPACE
A paved accommodation off the street for loading and unloading of trucks in the form of one or more truck berths located either within or outside a building on the same lot.
LOT
A parcel of land which is or may be occupied by a building and/or accessory structure or use, including open spaces and setbacks as are required within the district in which the lot is located.
LOT AREA
The total horizontal area within the lot lines of a lot.
LOT, CORNER
A lot bounded by streets on at least two sides. Both yards adjacent to streets shall be considered front yards.
LOT DEPTH
The distance along a straight line measured from the midpoint of the front lot line to the midpoint of the rear lot line.
LOT LINE
A line of public record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
LOT LINE, FRONT
The line separating the lot from the street right-of-way.
LOT LINE, REAR
Any lot line, except the front lot line, which is parallel to, or within 45° of being parallel to, and does not intersect any street line, except in the case of corner lots.
LOT LINE, SIDE
Any lot line which is not a front or rear lot line.
LOT, MINIMUM AREA OF
The smallest lot area established by this chapter on which use or structure may be located in a particular district.
LOT WIDTH
The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including the basement).
MAIL ORDER FACILITY
An establishment which specializes in the sale of mail order items, but does not involve a factory outlet store or other store for walk-in retail sales.
MANUFACTURED HOME
A. 
A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed for use with a permanent foundation.
B. 
The term "manufactured home" shall include park trailers, travel trailers and other similar vehicles placed on a site for more than 180 consecutive days, as defined in the National Flood Insurance Program.
MICROBREWERY
A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board and produces less than 15,000 barrels per year (a barrel is approximately 31 gallons). On-site consumption may occur in a taproom or in a permitted outdoor dining area. This term may include nanobreweries, microdistilleries, and wineries.
[Added 5-6-2021 by Ord. No. 746]
MICRO FACILITY
A wireless communications facility (WCF) consisting of an equipment facility capable of being mounted onto the attachment or support structure and antenna that is either:
A. 
No more than five feet in height with a face area of not more than 580 square inches; or
B. 
If tubular antenna, no more than four inches in diameter and no more than seven feet in length.
MINOR REPAIR
The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.
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 again of 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 with or without a permanent foundation. This definition is in accordance with the Pennsylvania Municipalities Planning Code[3] and manufactured under the Manufactured Home Construction and Safety Standards.
MOBILE HOME LOT
A parcel of land improved with the necessary utility connections and other appurtenances necessary for the placement thereon of a single mobile home.
MOBILE HOME PARK
A parcel or parcels of land, at least 10 acres, under single or separate ownership, which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.
MOTEL
A building or a group of two or more detached or semidetached buildings containing rental units having entrances provided directly or closely in connection to automobile parking serving such rooms, where such building(s) or groups of buildings are designed, intended or used principally for the provision of sleeping accommodations for automobile travelers, and are suitable for occupancy at all seasons of the year, including meeting and dining rooms as accessory uses.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which does not comply with the provisions of this chapter, as amended, where such building or structure lawfully existed prior to the effective date of this chapter or amendments thereafter.
NONCONFORMING LOT
Any lawful lot which does not conform to one or more of the applicable provisions of the district in which it is located either on the effective date of this chapter or amendments thereafter.
NONCONFORMING USE
A use, whether of land or of a structure, which does not comply with the applicable provisions of this chapter, where such use was lawfully in existence prior to the effective date of this chapter or amendments thereafter.
NURSERY
A place where plants are propagated and grown to usable size for transplanting, for use as stocks for budding and grafting, or for sale.
OPEN SPACE
(See "common open space.")
PARKING SPACE
A reasonably level space having a surface slope not exceeding 6%, unless approved as a variance by the Zoning Hearing Board. Such space shall have an area as listed in § 600-141 which area shall be exclusive of passageways, driveways, or other means of circulation or access.
PERFORMANCE STANDARDS
A set of criteria or limits relating to nuisance elements which a particular use or process may not exceed. These standards are listed in Article XXIII.
PERMIT
Written municipal permission issued by the appropriate local official empowering the holder thereof to do some act not forbidden by law, but not permitted without such authorization.
PERSONAL SERVICE SHOP
A business engaged in providing services involving the care or appearance of a person, his or her clothing, or similar personal needs. Included in this definition are barber, beautician, shoe repair, fitness club, laundry or cleaner or similar establishment but not including a tattoo parlor, massage parlor, or body piercing establishment.
PLANNED RESIDENTIAL DEVELOPMENT
A contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which must comply with the lot size, bulk or type of dwelling, density, lot coverage, required open space and other provisions of Article XIII of this chapter.
PLANTED BUFFER
A strip of evergreen plantings or a mix of both evergreen and deciduous plantings which, at the time of planting, are of the minimum height required by this chapter. Such plantings shall be spaced at not more than fifteen-foot intervals. The planted buffer is intended to provide visual beauty, reduce noise and dust and provide a partial visual screen. Such buffers shall be permanently maintained.
PLANTED VISUAL SCREEN
A strip of evergreen plantings adjacent to the boundary of a property which, at time of planting, are of the minimum height required by this chapter and which shall be of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist of dense evergreens which shall be planted not farther than eight feet from one another. Such screens shall be permanently maintained.
PRINCIPAL BUILDING OR USE
A building or use which is the primary building or use on a lot as distinguished from a building or buildings relating to an accessory, incidental or subordinate use. The primary purpose for which land, a building, or a structure or the use thereof is designed, arranged or intended.
PROCESSING FACILITY
A facility used for the collection and processing of officially designated recyclable materials. Processing is the preparation of material for efficient shipment or to the end-user's specifications. Such a facility shall have an area large enough to accommodate collection and processing machinery and storage area, along with ample loading and unloading areas.
PROVIDER
A person, not a public utility, who is licensed by the Federal Communications Commission to provide telecommunications service to the public.
PUBLIC PARK
A natural or landscaped area, buildings or structures, provided by a unit of government, to meet the recreational needs of people.
RECREATIONAL VEHICLE
A vehicular-type portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational and camping purposes. Recreational vehicles include, but are not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
RECREATION AREA
A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.
RECREATION AREA, ACTIVE
An open space site developed specifically for leisure activities, usually performed with others, often requiring equipment and taking place on prescribed fields or courts. The area can include indoor gymnasium facilities as well. The term "active recreation" refers to those recreational pursuits which require physical alteration to the area where they are performed. Such areas include, but are not limited to, baseball fields, basketball courts or play areas, soccer fields, swimming pools, golf courses, playgrounds, ball courts, and roller hockey rinks.
RECREATION AREA, PASSIVE
Activities that involve relatively inactive or less energetic activities such as walking, hiking, bird-watching, sitting and picnicking.
RECREATION, INDOOR COMMERCIAL
An indoor recreational facility operated as a business and open to the public for a fee. Examples of such facilities include bowling alleys, batting cages, etc.
RECREATION, OUTDOOR COMMERCIAL
An outdoor recreational facility operated as a business and open to the public for a fee. Examples of such facilities are public swimming pools, water parks/slides, golf courses and most miniature golf courses.
REGULATORY FLOOD ELEVATION
The one-hundred-year flood elevation plus a freeboard safety factor of 1 1/2 feet.
RESIDENTIAL LIVING
A building within a community care retirement community (CCRC) that houses the residents of the CCRC, including independent-living dwelling units, assisted-living facilities and skilled care nursing facilities.
RESTAURANT
Any establishment, however qualified in the subsequent defined terms of this use, at which a principal use is to prepare food/beverages within the principal building for sale to the general public for consumption on and off the premises.
[Added 5-6-2021 by Ord. No. 746]
RESTAURANT-CAFE
A building or part of a building used for the purpose of furnishing food and beverages to the public to be consumed on the premises and in an area on the sidewalk directly abutting and adjacent to and upon the same lot as a restaurant or any business licensed by the Pennsylvania Liquor Control Board pursuant to regulations of the Board to conduct business on the above-mentioned premises.
RESTAURANT, FAST-CASUAL
A restaurant where customers place their orders by telephone, online, or at a counter inside the facility, and either the customer takes the food/beverage to a table, booth, or counter or waitstaff serves the food/beverage at the customer's table, booth, or counter. Food is typically custom prepared and generally served m disposable wrappings or containers. A fast-casual restaurant may have take-out food service. Up to two parking spaces may be restricted for limited drive-in service when the parking spaces dedicated to this use are surplus to the number of parking spaces otherwise required for the site. Examples may include: coffee shops, cafes?, bakeries, delicatessen, or ice cream shops.
[Added 5-6-2021 by Ord. No. 746]
RESTAURANT, FAST-FOOD
A restaurant where customers may place their food/beverage orders by phone, online, at a counter inside the facility, or from the customer's vehicle outside the facility by use of drive-through or drive-in service. Food is often preprepared and is predominantly served in disposable wrappings or containers. A fast-food restaurant may have take-out food service.
[Added 5-6-2021 by Ord. No. 746]
RESTAURANT, FULL-SERVICE
A restaurant that provides full waitstaff service where food/beverages are ordered, served, and consumed by the customer normally while seated at a table, booth, or counter. Food is predominantly served with nondisposable dinnerware and flatware. A full-service restaurant may include a brewpub. A full-service restaurant may provide limited take-out food service. Up to four parking spaces may be restricted for limited drive-in service when the parking spaces dedicated to this use are surplus to the number of parking spaces otherwise required for the site.
[Added 5-6-2021 by Ord. No. 746]
RETAIL STORES
Establishments located entirely within an enclosed building which are primarily engaged in the business of selling consumer-oriented goods or merchandise to the general public for personal or household consumption, including, but not limited to, general merchandise stores, pharmacy, electronic, office supplies, magazine/bookstores, florists, clothing stores, gift shops, jewelry stores, music stores, pet and pet supply stores, shops offering wearing apparel and other accessories, etc., except for any type of business selling any type of retail merchandise which is specifically listed in this chapter, and, further, which shall not include any establishments which are engaged in the business of wholesaling, manufacturing or processing of the goods offered for sale.
[Added 8-14-2014 by Ord. No. 691]
RIGHT-OF-WAY LINE
The line that forms the boundaries of a right-of-way.
RIGHT-OF-WAY (ROW)
Land acquired by reservation, dedication, prescription, condemnation or other legal manner and occupied or intended to be occupied by a street, crosswalk, electric transmission line, oil or gas pipeline, waterline, watercourse or similar uses.
SATELLITE ANTENNA
An antenna together with all attachments and parts, the purpose of which is to receive communication from orbiting satellites.
SETBACK
The minimum distance from the street right-of-way line or any other lot line that establishes the area, commonly known as the "building envelope," within which the principal structure must be erected or placed.
SHOPPING CENTER
A group of commercial establishments planned, constructed and managed as a total entity, including both attached buildings and freestanding buildings with customer and employee parking provided on site.
SIGN
Any object, device, display or illustration 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, numbers, or symbols.
SIGN, ACCESSORY USE
Signs which identify home occupations.
SIGN, ADVERTISING CLOTH
A sign which has its letters or design applied to cloth, canvas or other flexible material which is durable and weather-resistant.
SIGN AREA
The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.
SIGN, AWNING
A sign that is mounted or painted on or attached to an awning.
SIGN, CURB OR SIDEWALK
A movable sign which is not secured or attached permanently to the ground.
SIGN, DIRECTIONAL
A sign limited to directional messages, principally for pedestrian or vehicular traffic, such as entry or exit, one-way, loading or service area, fire lanes, parking, or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.
SIGN FACE
The area or display surface used for the message.
SIGN, FREESTANDING
A detached sign which shall include any sign placed upon or in the ground, supported by a post, stake, etc., and not attached to any building.
SIGN, GROUND
A freestanding sign other than a sign supported by a post or pylon, placed upon or supported by the ground independent of any other structure.
SIGN, IDENTIFICATION
A sign giving the nature, logo, trademark or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
SIGN, ILLUMINATED
A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
SIGN, MARQUEE
A sign that is mounted or painted on any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a sidewalk or driveway.
SIGN, MENU
A sign which depicts the menu, food and/or drink for sale at an eating or drinking establishment.
SIGN, OUTDOOR ADVERTISING (BILLBOARD)
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon a premises other than the one where such sign is located. (See also "billboard.") Outdoor advertising signs include signs attached to bus stops or similar facilities.
SIGN, PORTABLE
Signs that can either be attached or mounted on a mobile stand or transported by a trailer.
SIGN, PROJECTING
A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
SIGN, ROOF
A sign erected on, above or projecting above the eave, roof or parapet of any building.
SIGN, TEMPORARY
A sign notifying or advertising a special event, which is displayed for no more than 30 days.
SIGN, TEMPORARY BANNER
A temporary sign made of advertising cloth, paper, plastic or other similar material that is hung or posted from a building, fence, light pole or other man-made supporting post or structure.
SIGN, WALL
A sign posted on, painted on, suspended from or otherwise affixed to a wall or vertical surface of a building and which does not project more than 12 inches from the wall or vertical surface to which it is attached.
SIGN, WINDOW
A sign attached or affixed to a window or door.
SLOPE
The deviation of a surface from the horizontal, usually expressed in percent or degrees.
SLOPE, STEEP
A slope characterized by a change in elevation from 1 1/2 to 2 1/2 feet over the vertical change in grade and contour interval specified in § 600-123 of this chapter.
SLOPE, VERY STEEP
Areas of very steep slope are characterized by a change in elevation greater than or equal to 2 1/2 feet over the vertical change in grade and contour interval specified in § 600-123 of this chapter.
SPECIAL EXCEPTION
Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XXV only in situations where such use is specifically permitted by the terms of this chapter.
STEALTH
Any wireless communication facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened and or landscaped antenna arrays and equipment facilities, and support structures designed to look other than like a support structure, such as a light pole, a power pole, a component of a building or a tree.
STREET
A public or private way used or intended to be used as a means of vehicular and pedestrian travel and access to abutting properties and space for public utilities and improved to the satisfaction of the Township.
STREET LINE (STREET RIGHT-OF-WAY LINE)
The line dividing the street and the abutting property. The street line shall be the same as the right-of-way line.
STRUCTURE
Any constructed, erected, or placed material or combination of materials in or upon the ground or water, including, but not limited to, buildings, sheds, fences, signs, storage bins, tents, and radio and other communications or utility towers. Retaining walls that only stabilize or restrain earthen loads unrelated to a specific building or other structure shall not be considered structures themselves.
SWIMMING POOL (PRIVATE)
Any body of water, tank or receptacle for water having a depth at any point greater than two feet used or intended to be used for swimming or bathing solely by the owner, his family and guests of the household, and constructed, installed, established or maintained outside any building in or above the ground upon any premises as an accessory use to the residence.
TAPROOM
A facility that is ancillary to the production of beer, wine, or other alcoholic beverages of a brewery, microbrewery, or brewpub, where the public can purchase and/or consume beer, wine, or other alcoholic beverages and which possesses the appropriate license from the Pennsylvania Liquor Control Board. A taproom may be located within a brewery, microbrewery, or brewpub.
[Added 5-6-2021 by Ord. No. 746]
TAVERN
An establishment primarily devoted to the serving of alcoholic beverages by the drink in which food service is incidental to consumption of such beverages. This shall include bar and barroom, but shall not include brewpubs or microbreweries.
[Added 5-6-2021 by Ord. No. 746]
TELECOMMUNICATIONS EQUIPMENT BUILDING
The building in which the electronic receiving and relay equipment for a WCF is housed.
TOWER
A structure that is intended to support equipment used to transmit and/or receive telecommunication signals.
TOWNHOUSE BUILDING
A building containing between four and six single-family attached dwellings (townhouse units) in which each townhouse unit is attached only by a party wall or walls to one or two other townhouse units.
TOWNHOUSE DEVELOPMENT
A contiguous area of land controlled by a landowner, to be developed as a single entity for a number of townhouse buildings, the development plan for which corresponds with the specific regulations of Article VI.
TRACT
An area, lot, parcel, site or property which is the subject of a subdivision and/or land development.
TRACT AREA
The total acreage of a subdivision or land development. Tract area shall be measured to the ultimate right-of-way line of public streets.
VARIANCE
Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XXV only in situations constituting a modification of, or deviation from, the exact provisions of this chapter as applied to a specific lot and/or land development.
WIRELESS COMMUNICATION FACILITY (WCF)
Any unstaffed facility for the transmission and/or reception of wireless communication services, usually consisting of an antenna array or micro facility, connection cables, an equipment building, and a support structure to achieve the necessary elevation.
WIRELESS COMMUNICATION SERVICE
Any personal wireless service as defined by the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.
YARD
The required open, unoccupied space on the same lot with a building or, where provided for in this chapter, such open space in connection with a group or complex of buildings on a lot, which open space is unoccupied and unobstructed by any portion of a principal structure from the ground upward, except for projections permitted.
YARD, FRONT
A yard extending the full width of the lot along the street line with a minimum depth as required in each district which is measured from the street line to the building line. In the case of a corner lot, there shall be a front yard on each street on which the lot abuts.
YARD, REAR
A yard extending the full width of the lot along the rear lot line with a minimum depth as required in each district which is measured from the rear lot line. In the case of a corner lot, the owner or developer may, after consulting with the Township Engineer at the time of the application for a permit, specify which yard shall be the rear yard, taking into consideration the prevailing lot pattern when established.
YARD, REQUIRED
The open space between a lot line and the buildable area or "building envelope" within which the principal structure must be erected or placed.
YARD, SIDE
A yard extending along the side lot line from the front yard to the rear yard with a minimum depth as required in each district which is measured from the side lot line. In the case of the corner lot, the owner or developer may, after consulting with the Township Engineer at the time of application for a permit, specify which yard shall be the side yard taking into consideration the prevailing lot pattern when established.
ZONING ORDINANCE
An ordinance that divides the Township into areas or zones that specify allowable uses for real property and size and location restrictions for buildings within these areas ("this chapter").
ZONING PERMIT
Written permission issued by the Zoning Officer or other appropriate municipal official empowering the holder thereof to erect or alter a building or structure, including signs and fences, change the use of a building or land, and change or extend a nonconforming use.
[1]
Editor's Note: See also Appendix A, Zoning Illustrations, Yards and Street Terminology, included as an attachment to this chapter.
[2]
Editor's Note: The definition of "continuing care facility," which immediately followed this definition, was repealed 12-8-2016 by Ord. No. 706.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.