Township of Lower Providence, PA Article I Title; Effective Date; Purpose; Definitions

§ 143-1 Title; effective date.

[Amended 1-16-2020 by Ord. No. 662]

A. This chapter shall be known and may be cited as the "Lower Providence Township Zoning Ordinance" and the map hereto attached as the "Township Zoning Map."

B. The effective date of this chapter is May 8, 1955.

§ 143-2 Severability

[Amended 1-16-2020 by Ord. No. 662]

It is hereby declared to be the intent of the Board of Supervisors that:

A. If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective and all other provisions of this chapter shall continue to be separately and fully effective.

B. If a court of competent jurisdiction finds that the application of any provision or provisions of this chapter to any lot, building, or other structure or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy and the application of any such provision to other persons, property, or situations shall not be affected.

§ 143-3 Purpose.

This chapter is enacted for the purpose of promoting the health, safety and general welfare of the Township, is in accordance with a Comprehensive Plan and is designed to lessen congestion in the streets, roads and highways and to secure safety from fire, panic and other dangerous concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements and to encourage the most appropriate use of land throughout the Township.

§ 143-4 Community development objectives.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety, morals and general welfare of the Township. The community development objectives which shall be encompassed in the Lower Providence Township Comprehensive Plan when it is enacted shall be stated therein and have been formulated to implement the purposes set forth in § 143-3 hereinabove, with a view toward the following objectives:

A. Guiding and encouraging the future development of the Township in accordance with comprehensive planning of land use and population density that represents most beneficial and convenient relationships among the residential, commercial, industrial and recreational areas within the Township, having regard to their suitability for the various uses, as indicated by topography and soil conditions, and the trends in population in the direction and manner of the use of land in building development and in economic activity, considering such conditions and trends both within the Township and with respect to the relation of the Township to surrounding areas.

B. Protecting the character and social and economic stability of each of such areas and encouraging their orderly and beneficial growth.

C. Protecting and conserving the value of land and buildings throughout the Township appropriate to the various zoning districts established herein.

D. Bringing about through proper timing the gradual conformity of land use to the Comprehensive Plan aforesaid and minimizing conflicts among the uses of land and buildings.

E. Aiding in bringing about the most beneficial relation between land use and the circulation of traffic throughout the Township. Having particular regard to and from the expressways and to avoidance of congestion in the streets and the provisions of safe and convenient access appropriate to the various land uses.

F. Aiding in providing a guide for public safety and action in the efficient provision of public facilities and services, in the provision of safe and proper sanitary sewage disposal and for private enterprise in building, development, investment and other economic activity relating to land use; insofar as such objectives are consistent with the purpose set forth in § 143-3 and with the aforesaid minimum requirements interpreted, administered and applied in such a manner as will facilitate attainment of said objectives.

§ 143-5 Interpretation.

[Amended 1-16-2020 by Ord. No. 662]

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

A. Whenever any regulations made under authority of this chapter require a greater width or size of yards, courts, or other open spaces; or require a lower height of buildings or smaller number of stories; or require a greater percentage of a lot to be left unoccupied; or impose other more restrictive standards than are required in or under any other statute or ordinance, the regulations made under authority of this chapter shall govern.

B. Whenever the provisions of any other statute or ordinance require a greater width or size of yards, courts, or other open spaces; or require a lower height of buildings or smaller number of stories; or require a greater percentage of a lot to be left unoccupied; or impose other more restrictive standards than are required by any regulations made under authority of this chapter, the provisions of such other statute or ordinance shall govern.

C. Whenever any regulations pertaining to a specific use or activity under authority of this chapter impose a different requirement concerning the width or size of yards, courts, or other open space; the height or stories of buildings; the percentage of a lot to be left unoccupied; or other zoning standards than are required for the zoning district or generally required under this chapter, the greater or more restrictive standards shall govern.

D. This chapter does not repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances (except those specifically or impliedly repealed by this chapter) nor with any private restrictions placed upon property by covenant, deed, or other private agreement.

E. Those provisions in Chapter 123, Subdivision and Development of Land, of the Code of the Township of Lower Providence concerned with varying design standards shall not be considered to be in conflict with the provisions of this chapter.

§ 143-6 Definitions.

[Amended 2-15-2001 by Ord. No. 453; 9-19-2002 by Ord. No. 472; 4-3-2003 by Ord. No. 478; 4-7-2005 by Ord. No. 524; 1-16-2020 by Ord. No. 662]

A. Interpretation. For the purposes of this chapter, words and terms used herein shall be interpreted as follows:

(1) Words used in the present tense include the future.

(2) The singular number includes the plural, and the plural includes the singular.

(3) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(4) The word "person" includes an individual, corporation, partnership, incorporated association and/or any other similar entity.

(5) The words "include" or "including" shall not limit the term to the specified examples but are intended to extend the meaning to all other instances of like kind and character.

(6) The word "building" shall always be construed as if followed by the words "or part thereof."

(7) The word "may" is permissive, and the words "shall" and "will" are always mandatory.

(8) Words used in the present tense include the future.

(9) The word "building" shall always be construed as if followed by the words "or part thereof."

(10) The word "used" or "occupied" as applied to any land or building include the words "intended, arranged, or designed to be used or occupied."

(11) The word "should" means that it is strongly encouraged but is not mandatory.

(12) The word "lot" includes plot or parcel.

(13) The words "street," "highway" and "road" have the same meaning and are used interchangeably.

(14) The word "sale" shall also include "rental."

(15) The masculine gender shall include the feminine and neuter.

(16) If a word is not defined in this chapter, but is defined in the Township Subdivision and Land Development Ordinance,[1] or Township Floodplain Ordinance; as amended, the definition in that ordinance shall apply.

[1] Editor's Note: See Ch. 123, Subdivision and Land Development.

(17) Any word or term not defined in this chapter or the Township Subdivision and Land Development Ordinance, as amended, the word or term shall be used with the meaning of standard usage within the context of the section in question. The standard Webster's Dictionary definition shall be used as a reference. Section 123-7A also applies to this section.

(18) The words "such as," "includes," "including" and "specifically" shall provide examples, but shall not by themselves limit a provision only to items specifically mentioned, if other items would otherwise comply with the provision.

(19) If a word is defined in both this chapter and another Township ordinance, each definition shall apply to the provisions of each applicable ordinance.

B. Unless otherwise expressly stated, the following words shall, for the purpose of this chapter, have the meanings herein indicated:

[Amended 9-21-2006 by Ord. No. 556; 4-16-2009 by Ord. No. 577; 4-7-2012 by Ord. No. 600; 10-20-2011 by Ord. No. 602; 4-7-2016 by Ord. No. 637; 7-21-2016 by Ord. No. 641; 3-15-2018 by Ord. No. 654; 1-16-2020 by Ord. No. 662]

ABUT

Areas of contiguous lots that share a common lot line, excluding lots entirely separated by a street or a nonintermittent waterway.

ACCEPTED ENGINEERING PRACTICE

That which conforms to accepted principles, tests or standards of nationally recognized technical, scientific and/or engineering authorities.

ACCESS DRIVE or ACCESSWAY

A privately-owned, constructed and maintained vehicular access roadway accessing more than one dwelling unit or more than one commercial, institutional or industrial principal use. See also "driveway."

ACCESS POINT

One combined entrance/exit point, or one clearly defined entrance point separated from another clearly defined exit point. This term shall not include accessways or driveways that are strictly and clearly limited to use by only emergency vehicles; such accesses are permitted by right as needed.

ACCESS STRIP

A piece of land which provides physical access to and legal road frontage for a lot but which does not comply with the minimum lot width regulations of this Part 1. Access strips provide access to rear or interior lots.

ACRE

Forty three thousand five hundred sixty square feet.

ACT 247

The Pennsylvania Municipalities Planning Code, originally enacted as Act 247 of 1968, which establishes the basic authority for the exercise of municipal land use controls in Pennsylvania. All subsequent amendments are included.

AGRICULTURAL BUILDING

A structure utilized to store farm implements, hay, feed, grain or other agricultural or horticultural products or to house poultry, livestock or other farm animals. The term shall not include habitable space or spaces in which agricultural products are processed, treated or packaged and shall not be construed to mean a place of occupancy by the general public.

AGRICULTURE DISTRICT

The Zoning District known as R-1.

ALLEY

A public or privately owned right-of-way on which no new dwellings, stores or other principal buildings are intended to front, serving as the secondary means of access to two or more properties.

ALTERNATIVES

Alternative methods to the proposed use or project which fully examine a range of all possible approaches, including total abandonment, and must rigorously explore and objectively evaluate all alternatives to the project or use.

ANCHORING

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

ANSI

The American National Standards Institute or its successor bodies.

APCA

Air Pollution Control Act.[2]

APPLICANT

Any person who has filed an application for approval of subdivision or land development plans, including his/her heirs, successors, agents and assigns. This term also includes the landowner, developer, builder and/or other persons responsible for the plans and construction of buildings and/or other improvements on any parcel of land.

APPLICATION

A written form supplied by the Township for a Township approval, decision or permit, including any accompanying site plan and additional information and materials that the Township requires the applicant to submit.

APPLICATION FOR SUBDIVISION OR DEVELOPMENT

Every application for subdivision or land development, tentative, preliminary or final, required to be filed and approved prior to start of construction or development, including application for all permits.

BASEMENT

An enclosed floor area partly or wholly underground. A basement shall be considered a "story" if more than 50% of the perimeter walls at the basement ceiling height are five feet or higher above the adjacent finished grade.

BERM

A mound or ridge of landscaped earth designed to act as a screen or buffer.

BLAST or BLASTING

The explosion of dynamite, black powder, fuse, blasting cap, detonators, electric squibs or other explosives.

BLOCK

An area bounded by streets or streets and natural or man-made features.

BOARD OF SUPERVISORS

The elected governing body of Lower Providence Township; also referred to as the "Supervisors."

BUFFER

An area designed to separate the uses of land which abut it and which functions to ease the transition between them. Unless otherwise specified, buffers may be included as part of the required setbacks and yard areas. Buffers may be comprised of natural and/or man-made materials, depending upon the purpose they are intended to serve.

BUFFER AREA

A strip of land which is planted and maintained in shrubs, bushes, trees, grass or other ground cover material and within which no structure or building is permitted except a wall or fence which meets Township requirements.

BUILDING

Any structure, whether built conventionally or in a manner generally referred to as "mobile," "modular" or "manufactured," having enclosed walls and a roof and permanently located on the land, the ordinary use of which requires people to enter the structure.

BUILDING CODE OFFICIAL (BCO)

A construction code official who manages, supervises and administers building enforcement activities. Duties include but are not limited to: management of building code enforcement activities; supervision of building inspectors or plan examiners; issuance of building permits, violation notices and orders to vacate; and the initiation of prosecutions. These duties may include the duties of a Township Zoning Officer who is certified to act as a BCO.

BUILDING COVERAGE

The maximum horizontal area covered by buildings at or above grade.

BUILDING INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM

A BIPV system forms part of the structure to which it is affixed. Typically integrated into a roofing system (e.g., solar shingles), BIPV systems can provide architectural interest and/or an unobtrusive solar energy system installation.

BUILDING LINE

The line which serves as the rear boundary of the minimum front yard. For the purposes of measuring lot width at the building line, the following apply:

(1) For wedge-shaped lots which are narrower at the street than at the rear property line, the building line may be moved back from the minimum front yard depth to a point where the lot width equals the minimum required for the district, provided that the lot complies with all other dimensional requirements of the district.

(2) Where rear lots are permitted, the building line shall be oriented as parallel or concentric to the street from which access is provided as is feasible and set back from the intervening property line at least the minimum front yard depth.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is situated.

CARTWAY

The portion of a street, alley or driveway intended for vehicular use.

CENTER LINE OF STREET

A line equidistant from and parallel to the existing rights-of-way lines on each side of the street.

CERTIFIED HISTORIC STRUCTURE

A building or structure which is either:

(1) Listed in the National Register of Historic Places;

(2) Located within a registered historic district and certified by the Secretary of the United States Department of the Interior as being of historic significance to the district;

(3) Listed in "A Bicentennial History of Lower Providence Township, 1976;" or

(4) Listed in the most recently completed and accepted historic inventory conducted by Montgomery County.

CHAIRPERSON

Includes chairman, chairwoman, chair and acting chairperson (when applicable).

CLEAN WOOD

Natural wood that has no paint, stains, or other types of coatings, and natural wood that has not been treated with preservatives or chemicals, including, but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.

CLEAR-CUTTING

A logging method that removes over 50% of all trees from a tract of land or a portion thereof.

COMMERCIAL

Intended to be for profit.

COMMERCIAL DISTRICT

Includes the PBO, MU, VC, GC, HC and BO Zoning Districts.

COMMERCIAL VEHICLE

Any motor vehicle or trailer that is primarily used for business purposes, including but not limited to making service calls, transporting equipment used in a business or in accomplishing physical work as part of a business (such as hauling material). This term shall not include any of the following: emergency medical vehicles, fire trucks, school buses, recreational vehicles for personal use, U.S. Postal Service vehicles, municipally-owned vehicles, vehicles clearly primarily intended for agricultural uses, or vehicles actively engaged in the construction or repair of streets, curbs, sidewalks or utilities in the immediate area.

COMMISSION

The Planning Commission of the Township of Lower Providence.

COMMON FACILITIES

All the real property and improvement set aside for the common use and enjoyment of residents of a development, including but not limited to buildings, open space, private roads, parking areas, walkways, recreation areas, landscaped areas, drainage easements and any utilities that service more than one unit, such as sewer and water facilities.

COMMON OPEN SPACE

A parcel or parcels of land or a combination of land and water within a development site designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas and areas set aside for public facilities; also referred to as "open space."

COMMUNICATIONS ANTENNA

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas, owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such devices. This definition shall not include private residence mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.

COMMUNICATIONS EQUIPMENT BUILDING

An unmanned building or building addition containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.

COMMUNICATIONS TOWER

A structure other than a building, such as a monopole, a self-supporting tower, or a guyed tower, designed and used to support communications antennas.

COMPOSTING

The controlled processing of vegetative material to allow it to biologically decompose under controlled anaerobic or aerobic conditions to yield a humus-like product.

COMPREHENSIVE PLAN

The current, officially adopted Lower Providence Township Comprehensive Plan, consisting of maps, charts and written and graphic materials, as well as any revisions or amendments thereto.

CONDOMINIUM

Real estate, portions of which are designated for separate ownership and the remainder of which are designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.

CONSERVATION EASEMENT

A legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property owners, lessees and all other users of the land in a manner approved by the Township Solicitor and Board of Supervisors and shall run in perpetuity. Such easement shall be recorded in the Montgomery County Recorder of Deeds Office. At a minimum, any conservation easement established to meet a requirement of a Township ordinance shall restrict uses of the land in a manner closely similar to all of the following:

(1) The vast majority of the land shall be preserved in a near-natural or landscaped state or for agricultural uses;

(2) No new principal buildings may be constructed on the lot, other than for noncommercial recreation or as necessary to support on-site agricultural activities;

(3) The land shall not be used for any mineral extraction, commercial or industrial activities, other than agriculture or the growing of trees and plants for replanting or for Christmas tree sales or a lawful home occupation;

(4) The lot shall not be further subdivided;

(5) Currently forested areas shall be maintained as forests, with only carefully selective cutting of trees in such as a way as to preserve the character of such lands as forested lands, without any clear-cutting;

(6) The land shall not be used for stormwater management facilities; and

(7) A maintenance escrow or other arrangement guaranteeing maintenance of the easement area in a form acceptable to the Township Solicitor and Board of Supervisors shall be provided by the property owner when deemed applicable by the Board of Supervisors.

CONSTRUCTION

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

CONVERSION

To change from one use to another use, or to increase the number of dwelling units within a building, unless otherwise stated. This definition shall include an in-law apartment.

CORNER LOT

A lot having continuous frontage on two or more intersecting roads.

CORPORATION

Any licensed corporation organized under the laws of Pennsylvania or any other state of the United States. This shall include limited partnerships, business trusts, limited liability partnerships and limited liability corporations.

COUNTY

Montgomery County, Pennsylvania.

COUNTY PLANNING COMMISSION

The Montgomery County Planning Commission.

CUL-DE-SAC

A road with access at one end and terminated at the other by a paved vehicular turnaround.

CULVERT

Any enclosed structure which has the purpose of carrying stormwater and intermittent or constant surface drainage water flow.

CURBLINE

The outermost edge of a cartway.

CUT

An excavation; the difference between a point on the original ground and a designated point of lower elevation on the final grade; also, the material removed in an excavation.

DAYS

Calendar days.

DAYTIME HOURS

7:00 a.m. to 8:00 p.m., local time.

dB(A)

The abbreviation for the sound level in decibels determined by the A-weighting network of a sound level meter or by calculation from octave band or one-third octave band data.

DECIBEL (db)

A unit of measure, on a logarithmic scale, or the ratio of a particular sound pressure squared to a standard reference pressure squared. For the purpose of this chapter, 20 micropascals shall be the standard reference pressure.

DE MINIMIS IMPROVEMENT

An improvement to an existing developed lot, tract or parcel of land which is otherwise consistent with the provisions of this Part 1 and other applicable Township ordinances and which does not increase the impervious surface on said lot by 10% of that existing prior to the new improvement, or 2,000 square feet, whichever is less.

D.E.P. (or "DEP")

The Pennsylvania Department of Environmental Protection, and its relevant bureaus. Any reference to DER or the Department of Environmental Resources shall be interpreted to mean DEP.

DEVELOPABLE ACRE

For the purpose of calculating density per developable acre, the developable acreage shall equal the gross land area of the proposal, minus the following acreage:

(1) All land contained within the existing ultimate rights-of-way of all roads abutting or running through the land proposed for subdivision or land development.

(2) All floodplain and soils with slopes of 15% or greater as defined by the Soil Survey of Montgomery County, 1967.

DEVELOPMENT

Any man-made change to improved 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.

DEVELOPMENT PLAN

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

DISTRICT or ZONING DISTRICT

A land area within the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DRAINAGE

The natural or man-made features of the land that are specifically designed to store or carry surface water runoff.

DRAINAGE FACILITIES

The natural or man-made features of the land that are specifically designed to store or carry surface water runoff.

DRIVEWAY

A private cartway providing vehicular access between a public street and a lot, property or development and/or providing vehicular circulation within a lot, property or development.

DWELLING

A building or part of a building constructed for or intended for occupancy as a permanent residence, containing one or more dwelling units. Travel trailers shall not be considered buildings or dwellings. Housing facilities for rental to transient guests or which are part of a medical, instructional, or religious institution, such as hotels and motels, rooming houses, tourist homes, institutional homes, group homes, hospitals, residential clubs, dormitories, automobile courts, tourist homes, and training centers, are not considered "dwellings."

DWELLING UNIT

That part of a dwelling design for use by one family only and containing one or more rooms and facilities for living, including cooking, sleeping, storage of possessions and sanitary needs. Units designed for transient occupancy, such as hotels, motels and tourist homes, or for sleeping and sanitary needs only, such as club, rooming house, fraternity or institutional home, are not considered as dwelling units for purposes of this chapter.

EARTHMOVING AND/OR GRADING

For the purposes of this chapter, "earthmoving" as defined in applicable DEP regulations (Chapter 102, Erosion and Sediment Control of 25 PA Code of Regulations), and also shall include any one or more of the following activities:

(1) Cutting down of trees or clearing of brush, other than clearing of grass and weeds;

(2) Excavation of the ground, filling of the ground or mineral extraction;

(3) Grading, re-grading, any change in the ground surface elevation greater than one foot, disturbance of topsoil or vegetative cover of the land;

(4) For the purposes of this definition, the term "earthmoving" shall apply to any soil, clay, overburden, sediment, dredge spoils or similar material;

(5) Removal of tree stumps or brush with earthmoving equipment.

EASEMENT

A permanent right, including a right-of-way, granted by a property owner for the limited use of his/her private land for public, quasi-public or private purposes. It can be a utility, drainage or public access easement or for other purposes. The owner of the property shall have the right to make any other use of the land which is not inconsistent with the rights of the grantee.

EMERGENCY

Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage which demands immediate action.

EMPLOYEES

The highest number of workers (including both part-time and full-time, both compensated and volunteer and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

ENCLOSURE

Any type of structure used to surround a patio, pool or deck at any height.

ENGINEER

A professional engineer licensed as such in the Commonwealth of Pennsylvania.

EPA

United States Environmental Protection Agency.

EROSION

The removal of surface materials by the action of natural elements.

ESSENTIAL SERVICES

Uses that are necessary for the preservation of the public health and safety, and that are routine, customary and appropriate to the character of the area in which they are to be located. See utilities in the Pennsylvania Municipalities Planning Code. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, communications and cellular towers, a power-generating station, switching stations, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.

EXCAVATION

Any act by which natural materials are dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed, as well as the conditions resulting therefrom.

FACADE

A building elevation that faces a public right-of-way, private street, or an internal access driveway that functions as a street.

FAMILY

One person living alone in a single dwelling unit, or more than one person living together and functioning as a common household in a single dwelling unit. A family shall not include more than four persons who are not related to each other by blood, foster relationship, marriage or adoption. A family may also include up to five persons living in a dwelling (including any staff present during any one shift) in a group home but shall not include a criminal treatment center. For a use involving greater numbers of unrelated persons, see boardinghouse or institutional group home.

FEEDING AREAS

All areas which encompass and surround the indoor area. These areas do not include pastures if the pastures are rotated, are fenced in at least 15 feet from all residential property lines and the use does not meet the definition of livestock raising.

FENCE

A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal or aluminum and/or plastic inserts. Man-made barriers constructed principally of brick, concrete, cinder block or similar materials shall be considered walls. The term "wall" does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include barriers of trees or shrubs. Fences shall not contain materials such as barbed wire or have potentially dangerous features such as spikes.

FILL

Any act by which natural materials are placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface, as well as the conditions resulting therefrom.

FLOODPLAIN-RELATED TERMS

(1) BASE FLOOD The flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared. For the purposes of this and other ordinances, it shall be the one-hundred-year flood as referenced in the current Flood Insurance Study and delineated on the Flood Insurance Rate Map of the Federal Insurance Administration — 

(2) BASE FLOOD ELEVATION The one-hundred-year-flood elevation as referenced in the Flood Insurance Study. Within the approximated floodplain, alluvial soils floodplain or other similarly documented areas, the one-hundred-year-flood elevation shall be established nearest to the construction site in question.

(3) FEMA AND FIA The Federal Emergency Management Agency and the Federal Insurance Administration, who have jurisdiction over the National Flood Insurance Program and its related studies and regulations. FEMA is the parent agency of the FIA.

(4) FLOOD A temporary condition of partial or complete inundation of normally dry land areas.

(5) FLOOD INSURANCE RATE MAP The official FIA map which shows special hazard zones and risk areas for insurance rating purposes. For the purposes of this Part 1, it also delineates floodplain areas.

(6) FLOOD INSURANCE STUDY The examination and determination of flood hazards by the FIA. The flood elevations contained in this study are used for floodplain management purposes as related to this Part 1 and other ordinances.

(7) FLOODPLAIN That area defined in Chapter 143, Zoning, as the Floodplain Conservation District; the floodplain definition contained therein is made a part of this Part 1 by reference.

(8) FLOODPLAIN MANAGEMENT The application of a program or activities which may consist of both corrective and preventive measures for reducing flood damages.

(9) FLOODPROOFING Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improve real property, water and sanitary facilities, structures and their contents. Such measures are set forth in Floodproofing Regulations, published by the Office of the Chief Engineers, United States Army, publication number EP 1165 2 314 (June 1972 and as subsequently amended). Floodproofing measures for all new construction and substantial improvements of structures shall satisfy the requirements of the Completely Dry Spaces (W1) and Essentially Dry Spaces (W2) classes referenced in these regulations. In said publication where reference is made to below or above the BFD (base flood datum), it shall be interpreted as meaning below or above the base flood elevation.

(10) 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.

(11) REGULATORY FLOOD ELEVATION The one-hundred-year-flood elevation, plus a freeboard safety factor of 1 1/2 feet.

(12) SUBSTANTIAL IMPROVEMENT Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:

(a) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or

(b) Any alteration of a structure listed on a National Register of Historic Places or a state inventory of historic places.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of the exterior walls, or from the center line of a wall separating two buildings, but not including interior vehicular parking or loading or any space where the floor-to-ceiling height is less than six feet.

FLOOR AREA, NET

The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking and loading and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. The area excluded as unusable may not exceed 15%.

FLOOR AREA RATIO

A ratio derived by dividing the total (gross) floor area of all buildings on a lot by the net buildable area of the lot.

FOOTPRINT

The perimeter of a building or structure.

FRONTAGE

The length of the lot line abutting a street ultimate right-of-way.

GRADE

The slope of a street, parcel of land, utility lines, drainageways, etc., specified in percent and shown on plans as required herein.

GROSS ACREAGE

The total acreage of a property, tract, lot or parcel proposed for subdivision or land development, including lands within existing street rights-of-way, floodplains and steep slopes.

GROUND COVER

Low-growing plant materials planted in a manner to provide continuous plant cover of the ground surface; lawn, ivy and other low plant materials are included. Nonplant ground cover may also include bark or wood chips, gravel and stone, provided that they are maintained as a continuous pervious cover.

HAZARDOUS WASTE

Those wastes where significant potential exists for causing adverse public health or environmental impacts if the waste is handled, stored, transported, treated, or disposed of in a manner customarily accepted for ordinary solid wastes. This also includes wastes subject to special state or federal licensing or regulation, including but not limited through the Pennsylvania Solid Waste Management Act.

HEIGHT OF BUILDING

The vertical distance measured from the average elevation of the existing grade at the location of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical penthouses, tanks and similar building architectural projections of the building not intended for human occupancy shall not be included in calculating the height. If there are two or more separate roofs on a single building, the height of such shall be calculated from the highest roof.

HISTORIC SITE

Any area, building or natural feature which has been designated by statute, ordinance or departmental or executive declaration of any governmental body as possessing historic significance.

HITCH

A device which is part of the frame or attaches to the frame of a mobile home and connects it to a power source for the purpose of transporting the unit.

HOMEOWNERS' ASSOCIATION (HOA)

A community association combining individual home ownership with shared use or ownership of common property and facilities. The homeowner owns the lot, including the interior and exterior of the individual home, while the association owns and maintains the common facilities.

IMPERVIOUS COVERAGE

That percentage of the total lot area which is covered by impervious surfaces, including buildings as well as all paved areas.

IMPERVIOUS SURFACES

Those surfaces which do not absorb water. All buildings, parking areas, driveways, roads, sidewalks and any areas in concrete and asphalt shall be considered impervious surfaces within this definition. Porous paving materials used in parking lots, driveways or other applications may be excluded from this definition following review and approval by the Board of Supervisors.

IMPROVEMENT

The physical additions, installations and changes required to render land suitable for the use proposed, including streets, curbs, sidewalks, utilities and drainage facilities.

INDUSTRIAL DISTRICTS

Includes the IND, LI and IP Zoning Districts.

INSTITUTIONAL DISTRICT

Includes the INO Zoning District.

INTERIOR LOT

(1) A lot:

(a) With insufficient frontage on a public street;

(b) Located where one or more lots sit between the public street and the portion of such lot which would meet the front yard, the side yard and the area requirements of this chapter; and

(c) Which cannot by reason of bona fide separate ownership of adjacent lots be made to conform to the required width at the street line.

(2) The term "interior lot" as used in this chapter is also referred to as a "rear lot."

JUNK

Any discarded, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicles, aircraft, glass, industrial waste, machinery, equipment, containers, structures and other used building materials. Junk shall not include organic solid waste, grass clippings, leaves, tree limbs or household items intended to be recycled. Outdoor storage and outdoor processing of junk shall only be permitted within an approved junkyard or solid waste disposal area. Junk shall not include solid waste customarily stored in a completely enclosed and sanitary container that is routinely awaiting collection.

JUNK VEHICLE

A motor vehicle that meets any of the following conditions:

(1) Does not display a license plate with a current state registration sticker, except for new or used vehicles located on commercial sales or trailer lots;

(2) Does not have a valid state safety inspection sticker where that would be required for it to travel on a public street, except for new or used vehicles on commercial vehicle sales or trailer lots;

(3) Cannot be immediately moved under its own power, in regards to a vehicle designed to move under its own power, other than a vehicle clearly needing minor repairs;

(4) Cannot be immediately towed, in regards to a vehicle designed to be towed;

(5) Has been demolished beyond repair;

(6) Has been separated from its axles, engine, body or chassis; includes only the axle, engine or body parts and/or chassis, separated from the remainder of the vehicle.

LAND DEVELOPMENT

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

(a) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure;

(b) 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, buildings or building groups or other features;

(c) The construction or erection of a communications tower, communications antennas or communications equipment building.

(2) A subdivision of land. "Land development" as defined herein shall not include the addition of an accessory building subordinate to an existing principal building on a lot or lots.

LANDOWNER

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

LOADING SPACE

A 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 necessary buildings or other structures or uses, customarily incidental to such principal building or other structure or use, and such open spaces as are arranged or designed to be used in connection with such principal building or other structure or use, such as open spaces, and the area and dimensions of such lot being not less than the minimum required by this chapter. The term "lot" as used in this chapter is used for purposes of describing zoning requirements and, as such, is not limited to being a tax lot or deeded lot. The term "lot" or "building lot" means the same when used in describing regulations based upon buildings.

LOT AREA

The total horizontal area of the lot lying within the lot lines, provided that, for the area of any lot abutting a road, the area shall be measured to the ultimate right-of-way line. Lot area shall exclude any public right-of-way but shall include the area within any easement. Lots shall be measured in square feet in lots up to three acres in size and, for lots over three acres, it shall be measured in acres.

LOT, FLAG

An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag shape of the lot is normally intended to provide for access to an otherwise landlocked interior lot or parcel.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINE

(1) Any property boundary line of a lot, further defined as follows:

(a) Front lot line: the line identical with the ultimate right-of-way line. Also known as "street line."

(b) Rear lot line: the line or lines most nearly parallel or concentric to the front lot line.

(c) Side lot lines: the lines most nearly perpendicular or radial to the front lot line. On a corner lot, the side lot line shall be the line or lines most nearly perpendicular or radial to the higher classification of street, where applicable, as described in the Township Comprehensive Plan. The remaining line shall be considered the rear lot line.

(2) A lot which fronts on more than one street shall have a front lot line on each street frontage.

(3) 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

The lot abuts two approximately parallel streets but only has access onto one street, usually the less heavily traveled street.

LOT, THROUGH

A lot that abuts two approximately parallel streets.

LOT WIDTH

The horizontal distance between side lot lines, measured at the building line, parallel or concentric to the ultimate right-of-way line. For a corner lot, lot width shall be measured parallel or concentric to the ultimate right-of-way line of the higher classification of street, where applicable.

MAINTENANCE GUARANTY

Any security which may be required of a developer of the Township after the final acceptance by the Township of improvements installed by the developer. Such security may include, but is not limited to, maintenance bonds, surety agreements or other collateral in accordance with the laws of the Commonwealth of Pennsylvania.

MANUFACTURED HOME

A manufactured home constructed in accordance with the provisions of Federal Manufactured Housing Construction and Safety Standards of 1976, as amended. A manufactured home does not represent a mobile home since it is not designed to be towed or transported and is intended for installation on a permanent foundation.

MASONRY MAILBOX STRUCTURE

Any brick, stone or block fabrication having the singular purpose of supporting a rural mailbox that conforms to U.S. Postal Service standards.

MINERALS

Any aggregate or mass of mineral matter, whether or not coherent. The term includes, but is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat and crude oil and natural gas.

MIXED USE BUILDING

A building containing multiple types of nonresidential and/or residential uses.

MOBILE HOME

A transportable, single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards set by the United States Department of Housing and Urban Development, contained in one unit or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. A "mobile home" may include any roofed addition, such as extra rooms, covered patios, porches, etc. The following shall apply to all mobile home dwellings:

(1) No more than one mobile home shall be placed on a single parcel, and such mobile home shall be occupied by not more than a single family.

(2) The area between the ground level and the perimeter of the mobile home shall be enclosed by means of a suitable skirting.

(3) Each mobile home shall be placed on a permanent foundation of at least eight poured concrete or masonry pillars set on a concrete base at least eight inches thick. The pillars shall be spaced no spaced no more than 10 feet apart with the end piers being no farther than five feet from the ends of the unit. The pillars shall be at least one foot by two feet in size and at least 36 inches below grade. Each pillar shall have installed a tie-down ring to which the mobile home shall be secured.

MOBILE HOME LOT

A parcel of land in a mobile home park provided with the necessary utility connections, patio and other appurtenances necessary for the erection thereon of a single mobile home and the exclusive use of its occupants.

MOBILE HOME PARK

A parcel of land under single ownership which is planned and constructed for the placement of more than one mobile home in compliance with the applicable requirements set forth elsewhere in this chapter concerning such a development.

MOBILE HOME SEWER CONNECTION

All pipes, fittings and appurtenances from the drain outlet of the mobile home to the inlet of corresponding sewer riser pipe.

MOBILE HOME SEWER RISER PIPE

That portion of the sewer lateral which extends vertically to the ground elevation and terminates at each mobile home space.

MOBILE HOME STAND

That part of an individual lot which has been reserved and prepared for the placement of the mobile home.

MODULAR HOME

Any structure designed as a single-family or multifamily dwelling which is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for erection, installation, and/or assembly on the building site in such a manner that all concealed parts or processes of manufacture cannot be inspected at the site without disassembly, damage, or destruction. The completed unit shall be erected/placed upon a permanent foundation and shall meet the applicable Township Building Codes. A "modular home" is different from a mobile home, in that it is not designed to be towed or transported and is intended for installation on a permanent foundation.

MOST ENVIRONMENTALLY SOUND ALTERNATIVE

The alternative to the proposed use or project that has the least impact on the natural environment and communities within the Township of the range of alternatives examined and proposed to the proposed use or project.

MOTOR HOME

A travel trailer which combines the living section and the power source into a single unit.

MUNICIPALITIES PLANNING CODE or PA MUNICIPALITIES PLANNING CODE (MPC)

The Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[3]

NEW CONSTRUCTION

Structures for which the start of construction as herein defined commenced on or after the effective date of Part 1. This term does not apply to any work on a structure existing before the effective date of Part 1.[4]

NIGHTTIME HOURS

8:00 p.m. of one day through 7:00 a.m. of the next day.

NOISE

The intensity, frequency, duration and character of sound, including sound and vibration of sub-audible frequencies.

NOISE POLLUTION

The presence of noise of sufficient loudness and character, from a single source or from multiple sources, which is, or may be predicted with reasonable certainty to be, injurious to health, safety and comfort or which unreasonably interferes with the peaceful enjoyment of property or with any lawful business or activity. Noise/sound pressure levels exceeding those permitted in residential districts constitute noise pollution.

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 LOT

Any lawful lot which does not conform to one or more of the applicable dimensional regulations of the zoning district in which it is located either on the effective date of Part 1[5] or as a result of a subsequent amendment thereto.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable lot area, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or amendment. Such nonconforming structures include, but are not limited to, signs.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment.

OFFICIAL HIGHWAY MAP

A map depicting the routes of vehicular travel within the Township, which is part of the Township of Lower Providence Comprehensive Plan, which depiction of such routes only is hereby incorporated by reference in Part 1[6] and shall be as much a part of Part 1 as if fully described herein; provided, however, that said depiction may be amended from time to time. The depiction of said routes is available for inspection by the public at the Lower Providence Township Building.

OPEN SPACE

That portion of a tract that is set aside for the use and enjoyment of residents and the protection of sensitive natural features, farmland, scenic views and other unique features. Open space may be accessible to the residents of the development and/or Township or it may contain areas of farmland which are not accessible to the public.

(1) In the R-3 District, that portion of gross site area not required or assigned as area for:

(a) Buffer area.

(b) Building coverage, excluding structures necessary to the open space purpose, such as but not limited to recreational buildings and shelters, swimming pools, etc.

(c) Site service facilities and systems, such as streets, parking areas, service buildings and the like, where recreation activities are prohibited, but excluding those facilities necessary to the open space purposes.

(d) Outdoor living adjacent to building and dwelling units, including but not limited to yards.

(2) Further, "open space" is defined as the area to be utilized for the practice of natural preservation or passive and/or active recreation or a combination of these uses.

(3) Additionally, open space may be classified by the limitations to site resident uses because the open space is used for:

(a) Reservation open space where, by physical features, plan design or regulations, the use of the open space is limited for reasons of health, safety, land and water preservation, sign amenity or site utility, or accessibility.

(b) Private open space where, by design or regulation, the open space is limited by assignment, membership or service fee (golf course, boating, tennis courts, etc.).

(c) Common open space where open space is not limited to site resident use except by the limitations placed on use by the nature of the activity to be performed within the space. By way of illustration, a tennis court is part of open space as long as it is not private open space, even though some residents cannot or may not want to use the facility.

OUTDOOR LIVING SPACE

The area or portion of an area adjacent to a building or dwelling unit as set by yard, setback or other area requirements and which is assigned for private or common use of the dwelling residents of the building.

PARKING SPACE

A reasonably level space, available for the parking of one motor vehicle, exclusive of passageways, driveways or other means of circulation or access.

PARKING SPACE, ALL-WEATHER

A parking space surfaced to whatever extent necessary to permit reasonable use under all conditions of weather.

PERFORMANCE GUARANTIES

Any security which may be required of a developer by the Township in lieu of a requirement that certain improvements be made before the Township approves the developer's subdivision plan or land development plan. Such security may include, but is not limited to, performance bonds, escrow agreements, surety agreements, irrevocable letter of credit or other types of security approved by the Township and consistent with Act 247.

PERMIT

A document issued by the proper Township authority authorizing the applicant to undertake certain activities.

PERMITTED BY RIGHT USE

Uses that do not have to be approved as uses by the Zoning Hearing Board or the Board of Supervisors. (A site plan review by the Planning Commission and the Board of Supervisors is required for certain permitted by right uses to ensure that the use would comply with all Township ordinances.) A nonconforming use shall not be considered to be a permitted use.

PERSON

Any individual, group of individuals, lessee, lessor, guest, licensee, firm, partnership, voluntary association or corporation responsible for the use of property.

PLAN

A graphic representation of a proposal for subdivision and/or land development, including necessary written notes. Plans are further defined as follows:

(1) PLAN, FINAL A plan consisting of two parts, a record plan and an improvement construction plan, as described below:

(a) Record plan: a plan prepared for recording, showing all ultimate rights-of-way, easements, lot lines and all other items and certifications required under § 123-20; a required part of the final plan.

(b) Improvement construction plan: a plan prepared by a registered engineer, showing the construction details described in § 123-20B, including the details for streets, drains, sewers, bridges, culverts and other improvements; a required part of the final plan when the application includes any of the improvements described in § 123-20B.

(2) PLAN, MINOR LAND DEVELOPMENT A plan showing the provision for development of a tract that meets the criteria of § 123-8C(1) for consideration as a minor land development.

(3) PLAN, MINOR SUBDIVISION A plan for the division of a single tract of land, with lot lines prepared by a registered surveyor. A plan meeting the criteria of § 123-8B(1) or Part 1[7] for consideration as a minor subdivision.

(4) PLAN, PRELIMINARY A plan for the division of a single tract or showing the provision for development of a tract, including the proposed street and lot layout, easements and all the other information required in § 123-18. A preliminary plan shall be submitted for any proposed subdivision or land development in Lower Providence that does not qualify for submission as a minor subdivision or minor land development.

(5) PLAN, RECORD A plan prepared for recording, showing all ultimate rights-of-way, easements, lot lines and all other items and certifications required under § 123-20.

(6) PLAN, TENTATIVE SKETCH A draft showing proposed streets, lots, buildings and topography that is used by the applicant to obtain advice and guidance from the Township prior to the preparation of preliminary plans.

PLANTING AREA

Any area designated for landscaping purposes.

PLANNING COMMISSION

The Planning Commission for the Township of Lower Providence.

PORTABLE SWIMMING POOL

A swimming pool of less than 24 inches in height. Portable swimming pools are not regulated by this chapter. Other swimming pools are subject to the regulations of this chapter and the Township Building Code.[8]

PRIMARILY

The types of uses, structures, or buildings which are specifically permitted and allowed on a property.

PRINCIPAL USE

The dominant use(s) or single main use on a lot, as opposed to an accessory use.

PROPERTY LINE

Has the same meaning as "lot line."

PUBLIC FLOOR AREA

That portion of a building designed for use by customers, clients, guests, members or the general public expressed in square feet and measured from center lines of partitions and outside wall faces, not including stairwells, rest rooms and corridors, but including lobbies, waiting rooms, cafeterias or snack bars and similar enclosed public spaces.

PUBLIC UTILITY TRANSMISSION TOWER

A structure, owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines; excluding thereout and therefrom, street poles and service poles designed and installed to provide local distribution systems with drop lines or other service connection to structures in the Township.

REAR LOT

Also known as an "interior or flag lot." A lot which conforms in all respects to the dimensional requirements of the district in which it is located, except that road frontage and access is limited to an access strip which has limited frontage along the abutting street.

RECREATIONAL VEHICLE

A vehicle which is designed primarily to transport a person for primarily recreational instead of transportation purposes, or a vehicle that serves as a mobile, temporary dwelling. This may include a vehicle that is self-propelled, towed or carried by another vehicle, but shall not include camper cabs that fit over pickup trucks. This term shall also include the following: watercraft with a hull longer than 12 feet, motor homes, travel trailers, all-terrain vehicles and snowmobiles.

RECREATIONAL VEHICLE STORAGE AREA

An outdoor area used for the storage of two or more recreational vehicles. Retail sales or major repair work shall only be allowed if those uses are permitted in that district.

RELATED or RELATIVE

Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. This term specifically shall not include relationships such as second, third or more distant cousins. See definition of "dwelling unit."

RESIDENTIAL DISTRICT

Includes the R-1, R-2, R-3, R-4, R-5, PFO, and MHP Zoning Districts.

RESIDENTIAL LOT LINES

The lot line of a lot containing an existing dwelling or the lot line of undeveloped land zoned as a residential district.

RIPARIAN BUFFER AREAS

Land immediately adjoining and upgradient from any type of natural watercourse, wetland, fen, river or stream that is vegetated with a combination of trees, shrubs and other herbaceous plants. Riparian buffer areas can include floodplain and wetland areas.

SCREENING

A year-round vegetative material of substantial height and density designed to buffer some use from adjacent properties or uses.

SETBACK

See "yard" and "building line."

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more person, partnership or corporation, which ownership is separate and distinct from that of any abutting or adjoining lot.

SITE

A land area having metes and bounds description and distinguished by the fact that development of the area is existing or intended to exist, and the land development of the area is existing or intended to exist, and the land development has or shall be undertaken comprehensively as a whole. A site contains one or more buildings and/or building lots, a circulation system and supporting facilities.

SITE AREA

The area of a site is termed:

(1) "Gross site area" when describing the total land and water surface area contained in a site.

(2) "Net site area" when describing the part of the site surface area upon which structures, circulation system and supporting facilities are existing or intended to exist as a part of the development. Net site area shall be calculated by deducting from the gross site area all area necessary to meet:

(a) The buffer requirements of this chapter.

(b) The floodplain requirements, common open space requirements or otherwise unbuildable land uses as set out in this chapter or other prevailing ordinance or law.

SKIRTS

Panels specifically designed for the purpose of screening the underside of a mobile home by forming an extension of the vertical exterior walls of the mobile home and covering the entire distance between the bottom of the exterior walls and the ground elevation below.

SLASH

In regards to commercial timber (tree) harvesting, "slash" shall mean all debris resulting from timber harvesting operations, including stems, limbs, tops, stumps and parts thereof of a tree.

SOIL SURVEY

A report entitled "Soil Survey of Montgomery County, Pennsylvania," published April 1967 by the Soil Conservation Service, United States Department of Agriculture, which is available through the Extension Service, Agricultural Agent, the Pennsylvania State University.

SOLAR ENERGY

Radiant energy (direct, diffuse and reflected) received from the sun.

SOLAR ENERGY SYSTEM

An energy system which converts solar energy to usable energy to meet all or any part of a structure's energy requirements.

SOLAR HOT WATER SYSTEM

Uses solar energy to heat water. The most common types of solar water heaters are evacuated tube collectors and glazed flat plate collectors generally used for domestic hot water; and unglazed plastic collectors used mainly to heat swimming pools.

SOLAR PANELS

A device, material, or structure which is designed and used to convert solar energy into usable electrical energy by the way of a solar energy system.

SOLID WASTE

(1) Any garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, public, household, commercial or mining activities.

(2) For the purposes of this chapter, the following materials shall not be considered to be solid waste: 1) portions of trees or shrubs, leaves, mulch and rocks; 2) substances legally disposed of into the air or water through a federal or state pollution discharge permit; 3) customary residual wastes from a permitted mineral extraction use; or 4) materials of a character such as paper, plastic, aluminum and metal that have been separated from the waste stream for recycling.

SOUND LEVEL

In decibels, the weighted sound-pressure level measured by the use of a sound-level meter satisfying the requirements of ANSI SI.4, 1971, Specifications for Sound-Level Meters. "Sound level" and "noise level" are synonymous.

SOUND-LEVEL METER

An instrument meeting ANSI SI.4, Specifications for Sound-Level Meters, comprising a microphone, an amplifier, an output and frequency weighting network or networks that is used for the measurement of sound-pressure levels in a specified manner.

SOUND PRESSURE

Minute fluctuations in atmospheric pressure which accompany the passage of a sound wave.

SOUND-PRESSURE LEVEL

In decibels, 20 times the logarithm to the base 10 of the ratio of a sound pressure to the reference sound pressure of 20 micropascals (20 micronewtons per square meter). In the absence of any modification, the level is to be that of a root-mean-square pressure.

SOURCE

Any person or property, real or personal, contributing to noise pollution.

STACK

Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from an outdoor wood-fired boiler, especially that part of a structure extending above a roof.

STAFF DEVELOPMENT REVIEW COMMITTEE

The Committee composed of Township administrative staff, including the Township Manager, Code Enforcement Officer, Township Engineer, Director of Parks and Recreation, Director of Public Works, Chief of Police and Director of Planning and Economic Development, which shall review subdivision plans and which shall make recommendations to the Board of Supervisors concurrently with other boards and commissions for the plan's conformance to standards as determined by the Township, their planning documents and studies and by other regulatory agencies for the health, welfare and safety of the public.

START OF CONSTRUCTION

The first placement of permanent construction of a structure, other than a mobile home, on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation. Permanent construction work does not include land preservation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include the excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure other than a mobile home without a basement or poured footings, the start of construction includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes subdivision, "start of construction" is the date on which the construction of facilities for serving the site on which the mobile home is to be affixed, including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities, is completed.

STATE

The Commonwealth of Pennsylvania and its agencies.

STEALTH DESIGN

Design criteria for communications antennas and related facilities to enhance compatibility with adjacent land uses, including but not limited to architecturally screened and/or landscaped communications antenna and the related facilities and communications towers which are designed to look other than like communications towers, such as a light pole, a component of a building or a tree.

STEEP SLOPE

A grade of 15% or greater as determined by the soil survey or accurate contour mapping.

STORY (AND HALF-STORY)

A floor level of a building having an average vertical distance of not less than six feet between the surface of any floor and the ceiling next above it shall be considered a full story. Any such portion of a building having a maximum vertical distance of less than six feet shall be considered a half-story, except as provided in the definition of "basement."

STREET

(1) A public or privately owned right-of-way serving as a means of vehicular and pedestrian travel and furnishing access to abutting properties.

(2) Streets in R-3, R-4 and R-5 Districts will be classified as "through roads" and "site internal service roads" and shall be governed as follows:

(a) "Through roads" shall be those which are used as connecting and through roads to serve residential streets to collector roads and community facilities.

(b) "Site internal service roads" shall be those which are used strictly to service residential areas and do not serve as through roads in a development.

STREET LINE

A line identical with the front lot line and ultimate right-of-way line.

STREET RIGHTS-OF-WAY

Rights-of-way for street purposes are defined as follows:

(1) Legal right-of-way: the street right-of-way legally in the public domain at the time a plan is submitted.

(2) Ultimate right-of-way: the street right-of-way projected as necessary for adequate handling of anticipated maximum traffic volumes. The ultimate right-of-way is the legal right-of-way where it has been offered for dedication and accepted by the Township. Front yard setbacks are measured from the ultimate right-of-way

(3) Equivalent right-of-way: a street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with the street classifications contained in the Township's Subdivision and Land Development Ordinance.

STRUCTURE

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

SUBDIVISION

Division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in the existing lot lines, for the purpose, whether immediate or future, of lease, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new roads or easements of access or residential dwellings shall be exempt.

SUBSTANTIALLY COMPLETED

Where, in the judgment of the Township Engineer, at least 90% of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.

SUPERVISORS

The duly elected governing body of Lower Providence Township, also known as the "Board of Supervisors."

SWALE

A low-lying stretch of land which gathers or carries surface water runoff.

TOPSOIL

Surface soils and subsurface soils which presumably are fertile soils and soil material, ordinarily rich in organic matter or humus debris. Topsoil is usually found in the uppermost soil layer called the "A-Horizon."

TOWNSHIP

The Township of Lower Providence.

TRACT

A parcel of land capable of being subdivided into two or more lots. Following subdivision, the term may still be applied to residential developments, shopping centers, or office or industrial parks which contain a number of smaller lots but which share common property management and/or private services.

TRACT AREA

The total acreage within the lot lines, excluding that area continuously covered by water and rights-of-way of existing public roads.

TRACT BOUNDARY LINE

Any property line of a tract of land. The term does not apply to the existing or proposed lot lines of individual lots within the tract. If the tract is not proposed for subdivision into two or more lots, the tract boundary line is identical to and functions as a lot line.

TRAILER, HOUSE

Any vehicle used for living or sleeping purposes.

TRAVEL TRAILER

A recreational vehicle requiring a separate power source for pulling it, which may include living, sleeping, eating and sanitary facilities, but which is designed for vacation travel and not for long-term or permanent occupancy.

ULTIMATE RIGHT-OF-WAY LINE

The line parallel to the center line of any public or existing private road which defines the boundary of the ultimate right-of-way.

UNREGISTERED VEHICLE

Any motor vehicle or trailer that does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker. This term shall not apply to vehicles (such as licensed antique cars) for which state regulations do not require an inspection sticker. The term also shall not include motor vehicles displaying a license and inspection stickers that have each expired less than 90 days previously.

USE

The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: recreational vehicle storage or parking of commercial vehicles on a lot. As used in this chapter, "use" includes "building" or "structure."

VIBRATION

Vibration is an oscillatory motion of solid bodies described by displacement, velocity or acceleration with reference to a given point reference point.

VISUAL SCREEN

A barrier whose purpose is to obscure a view; generally comprised of plant materials suitable for the purpose.

WALL

See "fence."

WATERCOURSE

Any natural or artificial swale, stream, channel, drain or culvert in which waters flow continuously or intermittently.

WETLANDS

An area of land and/or water meeting one or more definitions of a "wetland" under Federal and/or Pennsylvania law and/or regulations.

(NOTE: The following was the official federal definition of wetlands: "Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas." Wetlands are technically defined on the basis of types of vegetation and soils and the level of the water table below the surface. The regulations are enforced by the U. S. Army Corps of Engineers, the U. S. Fish and Wildlife Service and the Pennsylvania Department of Environmental Protection.)

YARD

An open, unoccupied space on the same lot with a building or other structure or use, open and unobstructed from the ground to the sky.

YARD, FRONT

A yard extending the full width of the lot along the front lot line and extending in depth from the front lot line to the nearest point of any structure on the lot.

YARD, REAR

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.

YARD, SIDE

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.

ZONING DISTRICT

The land use category defined according to the Zoning Ordinance of Lower Providence Township.

ZONING MAP

The Official Zoning Map of Lower Providence Township, Pennsylvania.

ZONING OFFICER or DIRECTOR OF ZONING

The administrative officer charged with the duty of enforcing the provisions of the Zoning Ordinance, or his or her officially designated assistant(s). This position may also include the duties of a building code official, if certified by the State of Pennsylvania under the Pennsylvania Uniform Construction Act, Act 45, as amended.

ZONING ORDINANCE

The Lower Mount Providence Township Zoning Ordinance, as amended.

[2] Editor's Note: See 35 P.S. § 4001 et seq.

[3] Editor's Note: See 53 P.S. § 10101 et seq.

[4] Editor's Note: See Ch. 123, Subdivision and Land Development, Part 1.

[5] Editor's Note: See Ch. 123, Subdivision and Land Development, Part 1.

[6] Editor's Note: See Ch. 123, Subdivision and Land Development, Part 1.

[7] Editor's Note: See Ch. 123, Subdivision and Land Development, Part 1.

[8] Editor's Note: See Ch. 67, Building Construction.

§ 143-6.1 Applicability of use definitions.

[Added 1-16-2020 by Ord. No. 662]

A. Applicability of regulations. Unless otherwise provided by law or in this chapter, no building or structure shall be constructed, erected, or extended and no structure or land shall be used or occupied except for the purposes permitted in this chapter.

B. Uses subject to other regulations. Uses permitted by right, by special exception, or by conditional use shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area and height, impervious surface, off-street parking and loading, etc., as are specified in other articles of this chapter. All subdivisions and land developments shall comply with all zoning district regulations within which the site is located whether or not the applicant intends to build presently or in the future.

§ 143-6.2 Use definitions and regulations.

[Added 1-16-2020 by Ord. No. 662]

Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings and regulations herein indicated:

ACCESSORY USE

A use which is subordinate, accessory, incidental, and customarily associated with the principal use permitted in the applicable zoning district. The following are specific types of accessory uses:

A. ACCESSORY BUILDING/STRUCTURE, NONRESIDENTIAL A building/structure that is clearly subordinate, accessory, and incidental to, and customarily associated with, the principal nonresidential building on the same lot and used for purposes of a permitted accessory use. All nonresidential accessory buildings/structures shall meet all of the setback requirements and other regulations applicable to the principal building on the same lot.

B. ACCESSORY BUILDING/STRUCTURE, RESIDENTIAL A building/structure that is clearly subordinate, accessory, and incidental to, and customarily associated with, the principal dwelling on the same lot and used for purposes of a permitted accessory use, including the following structures and structures that are very similar in nature: tennis court, basketball backboard and/or court, volleyball court, gazebo, greenhouse, and children's playhouse or play equipment with less than 150 square feet in ground coverage, but not including accessory buildings/structures/uses specifically named in this chapter, such as: bus shelter, carport, household garage, household storage shed, household swimming pool, and solar system. No business shall be conducted in a residential accessory building/structure. Such buildings/structures shall be subject to the following:

(1) No residential accessory building/structure shall be located within the required front yard setback. Ground-mounted solar (GMSES), swimming pools, sport courts, sheds, greenhouses, children's playhouses/play equipment, and other similar structures shall not be located anywhere in the front yard.

(2) Except as otherwise specifically permitted in this chapter, all residential accessory buildings/structures shall meet all of the setback requirements applicable to the principal building on the same lot.

C. ACCESSORY USES, NONRESIDENTIAL Nonresidential uses clearly subordinate, accessory, and incidental to, and customarily associated with, the principal nonresidential use on the lot and subject to specific limitations on said uses as may be established in this chapter.

D. ACCESSORY USES, RESIDENTIAL Residential uses clearly subordinate, accessory, and incidental to, and customarily associated with, the principal residential use on the lot and subject to specific limitations on said uses as may be established in this chapter. The following are specific types of residential accessory uses:

(1) Accessory building/structure, residential.

(2) Backup generator.

(3) Bus shelter.

(4) Carport.

(5) Garage, household.

(6) Garage/yard sales.

(7) Home occupations.

(8) In-law suite.

(9) Keeping of pets.

(10) Sale of agricultural products.

(11) Shed, household storage.

(12) Short-term rental.

(13) Solar system.

(14) Swimming pool, household.

E. BACKUP GENERATOR Permanent backup generators, used only on a temporary emergency basis, are allowed in all zoning districts as an accessory use.

(1) In the R1, R2, and R3 Zoning Districts, generators shall be installed no closer than seven feet to a rear or side property line and shall not be installed in front yards outside of the required building envelope.

(2) In all other zoning districts, generators shall only be installed within the required building envelope and meet all setback requirements of the principal use.

(3) No modification may be made to a generator's manufacturer-installed noise reduction mechanisms.

F. BUS SHELTER A structure consisting of at least two transparent walls, covered by a roof, erected pursuant to an agreement with Lower Providence Township for the purpose of providing shelter to persons awaiting public transportation. All such shelters shall be open to the public and shall be erected along public highways and rights-of-way or upon private property.

(1) A bus shelter may be located within a public right-of-way, provided:

(a) The provider of the bus shelter has secured all rights/permission necessary for said use from any governmental entity responsible for the particular right-of-way to be used.

(b) The bus shelter provider and the Township shall enter into an agreement satisfactory to the Township for, but not limited to, the construction, location, maintenance, signage, advertising, revenue, permits, fees, renewal, and removal of said bus shelter.

(2) Bus shelters may be located on private property, provided:

(a) The use of the bus shelter on said private property shall continue to be open to the public.

(b) The private property owner requests and/or agrees, in writing, that the bus shelter shall be located on its private property and that the private property will remain open to the public for use of the bus shelter.

(c) The private property owner and the bus shelter provider enter into an agreement with the Township for, but not limited to, construction, location, maintenance, signage, advertising, revenue, permits, fees, renewal, and removal of said bus shelter.

(3) All bus shelters provided in accordance with the provisions herein shall:

(a) Have any zoning setback requirements applicable to the specific location of a bus shelter permitted hereunder suspended for the duration of the time the bus shelter remains in said location.

(b) Said setback suspension shall be specific to the bus shelter and shall not be applicable or extend to any other structure or use on said property.

(c) Said setback suspension shall expire upon the violation of the terms and conditions of the agreement with the Township and/or the removal of the bus shelter.

G. CARPORT A building intended for the storage of one or more motor vehicles, but which is not enclosed on all sides. If any portion of a carport is attached to a principal or an accessory building, it shall be considered to be part of that building.

H. CONCESSIONS Concession operations located upon and accessory to parkland, fairgrounds, commercial and private recreation, camp grounds, golf courses, racetracks, auditoriums, and cultural centers. Such operations may include the following: refreshment stands, boat and bicycle rentals, stables for boarding or renting horses, retail stands, and similar activities whenever Township regulations are not preempted by another jurisdiction.

I. DRIVE-THROUGH SERVICE An establishment where all or a portion of the patrons are served in their motor vehicles. "Drive-through service" shall be used only in conjunction with a restaurant, pharmacy, or financial institution principal use.

J. FAMILY DAY CARE A family day-care use is a facility, operated as a home occupation, in which care is provided for one or more children, but no more than six at any one time, who are not relatives of the caregiver, and where the child care areas are being used as a family residence.

(1) Licensing, approval and permit procedures. Prior to the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, as amended, of the Department of Public Welfare's Social Services Manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code, as amended.

(2) This use shall be conducted in a building designed for residential occupancy and for the safety and well-being of the occupants.

(3) A minimum outdoor play area of 200 square feet of contiguous area shall be provided for each child as a recreational area for the children. This area shall not include any impervious surface or parking areas.

(4) Family day-care uses are only permitted in a single-family detached dwelling.

(5) If a family day-care use is located adjacent to a nonresidential use, a parking lot, or on a street classification higher than a residential access street, the outdoor play area must be enclosed by a four-foot-high fence which is deemed appropriate by the Township. The outdoor play area shall be located to the side or rear of the property.

(6) No more than one person, other than members of the immediate family residing within the principal dwelling, may be employed in conjunction with this use.

(7) This use shall be located on a public street.

(8) Parking standards. In addition to the off-street parking required for a single-family dwelling, at least one additional off-street parking space is required for a nonresident employee and at least one additional off-street parking space is required for up to every three children being cared for by this use.

K. GARAGE, HOUSEHOLD An accessory building located upon a residential property or a part of a principal residential building used for the storage of motor vehicles of the type and nature permitted in the zoning district and/or for the storage of personal items, sports equipment, tools, and lawn and garden equipment and materials. All of the items stored within a household garage must be owned and used by the owner or tenant of the principal residential use on the same lot.

L. GARAGE, STORAGE A nonresidential building, not a household or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories, or supplies.

M. GARAGE/YARD SALE The accessory use of any lot for the occasional sale of only common household goods, household furniture, and items of a closely similar character. See Chapter 90, Garage Sales.

N. HOME CRAFTS Home crafts are business activities, operated as a home occupation, whereby the commodity for sale is completely manufactured by hand and may be sold on the site by the resident craftsman. Home craft uses may include, but are not limited to, the following: artists, sculptors, dressmakers, tailors, and woodworkers; and may include such activities as model making, rug weaving, lapidary work, and furniture making.

(1) Home crafts involving non-handheld power tools (such as table saws, drill presses, lathes, etc.) are permitted only in conjunction with a single-family detached dwelling.

(2) No more than one person, other than members of the immediate family residing within the principal dwelling, may be employed in conjunction with this use.

(3) The outdoor display of the home craft is limited to one finished product.

(4) In addition to the off-street parking spaces required in this chapter for the principal residential use on the lot, a home craft use requires at least one additional off-street parking space, as well as at least one additional off-street parking space for any nonresident employee.

O. HOME OCCUPATION Any lawful occupation for gain customarily conducted in a dwelling as an accessory use, clearly subordinate to the existing residential use of the property, and subject to specific requirements placed on said uses as may be established in this chapter. All home occupations shall comply with the following:

(1) A home occupation must be conducted within a dwelling which is the bona fide residence of the principal practitioner of the occupation or in an accessory building located on the same lot as such a dwelling. The home occupation shall be carried on wholly indoors.

(2) No more than one home occupation is allowed per dwelling unit.

(3) In no way shall the appearance of the residential structure be altered or the occupation within the residence be conducted in a manner which would cause a premises to differ from its residential character by the use of colors, materials, construction, lighting, show windows, or advertising visible outside the premises to attract customers or clients, other than those signs permitted by this chapter.

(4) All commercial vehicles shall be parked on-lot. Off-street parking spaces are not permitted in the front yards. A ten-foot driveway providing access to parking areas in the side or rear of the property may be located in the front yard. All off-street parking areas must be located at least 10 feet from any property line. Off-street parking lots with three or more spaces shall be buffered from abutting residences. The buffer shall include either an evergreen hedge or a solid six-foot-high wooden or vinyl fence, placed around the perimeter of the parking area.

(5) No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, odors, dust, or electrical interference detectable to the normal senses off the lot. No equipment or process shall be used which creates visible or audible interferences in any radio or television receivers off of the premises.

(6) There shall be no exterior storage of materials or refuse resulting from the operation of the home occupation.

(7) A zoning permit shall be required for all home occupations.

(8) A home occupation shall not include the following: animal hospital, commercial stable or kennel, clinic, hospital, funeral parlor or undertaking establishment, antique shop, tearoom, restaurant, tourist home, rooming/boarding/lodging house, or any other similar use.

(9) High-impact general standards. The following shall apply to all home occupations except for a no-impact home-based business:

(a) The maximum amount of floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal structure or 400 square feet, whichever is less. At least 850 square feet of the total floor area must remain a residential use.

(b) Unless otherwise stated, only members of the immediate family residing within the principal dwelling shall be employed by the home occupation, and no more than three persons, including the resident members of the immediate family, may be employed in conjunction with a home occupation.

(10) The following are specific types of home occupations:

(a) Family day care.

(b) Home crafts.

(c) Instructional services.

(d) No-impact home-based business.

(e) Personal services.

(f) Professional in-home office.

(g) Repair services.

(h) Trades business.

P. IN-LAW SUITE A single, additional, separate dwelling unit, located on the same lot as a single-family detached dwelling unit, and located only within the principal building or a detached household garage on that same lot. The intent of these provisions is to allow for related family members to reside on the same lot in separate dwelling units, but to prohibit the creation of for-profit apartments in districts where multifamily housing is not otherwise permitted. An in-law suite must meet the following requirements:

(1) An in-law suite shall not be larger than 50% of the total floor area of the primary living area (the living room, dining room, kitchen, one bathroom, and the largest bedroom) of the principal residence on the lot. In no event shall the in-law suite exceed a total floor area of 800 square feet.

(2) An in-law suite may contain separate cooking, sleeping, living, and bathroom facilities.

(3) Only one in-law suite shall be permitted on a lot. There shall be no changes to the exterior of the residence or garage containing the in-law suite which suggests that this building is anything other than a single-family detached dwelling or a garage, respectively.

(4) The owner of the property to contain the in-law suite shall execute a written agreement with the Township, which shall be recorded against this property, at the office of the Recorder of Deeds, Montgomery County, that lists all of the zoning requirements contained within this use definition and shall:

(a) Describe the dimensions and location of the in-law suite.

(b) Identify the occupant or occupants of the in-law suite.

(5) The property owner shall secure a separate zoning permit from Lower Providence Township authorizing the creation/occupancy of the in-law suite.

(6) The in-law suite shall be limited to, and used by no more than, two members of the same family that occupies the principal single-family dwelling on the same lot.

(7) The property owner shall submit a statement by January 15 of each calendar year certifying whether the person(s) identified as the persons for whom the living quarters were initially approved continues to occupy the in-law suite.

(8) The property owner shall immediately remove all of the separate cooking facilities from the in-law suite at such time as the in-law suite is no longer occupied full time by the person(s) identified as the person(s) for whom the facilities were installed.

(9) The property owner shall notify the Township within 30 days from the date when the person(s) for whom the facilities were installed discontinues full-time use of the in-law suite.

(10) The property owner shall surrender the zoning permit issued by the Township at the time of the owner's notification to the Township that the in-law suite is no longer occupied by the person(s) for whom the suit was installed.

(11) Upon expiration of the zoning permit, the in-law suite shall revert back to its original status as a single-family dwelling unit or garage without the additional living quarters for family members.

(12) The property owner shall pay all Township permit fees and Recorder of Deeds recording fees at the time of issuance of the zoning permit for the in-law suite.

(13) The property owner shall be responsible to pay any and all expenses incurred by Lower Providence Township, including reasonable attorney's fees, costs, and expenses incurred for the enforcement of any of the provisions of this use definition and/or the agreement executed hereunder.

(14) One off-street parking space shall be provided for this accessory use in addition to the required number of residential parking spaces for the single-family detached dwelling upon the lot.

Q. INSTRUCTIONAL SERVICES An instructional service is a home occupation in which the practitioner provides the client with special instruction in a specific area of study. The establishment of this home occupation shall not require a room or series of rooms specifically designed for that purpose and shall only take place within the principal dwelling as an accessory use.

(1) Instructional services involving musical instruments are only permitted in single-family detached dwellings or residential accessory buildings on the same lot.

(2) No persons shall be employed in conjunction with this use other than members of the immediate family residing within the principal dwelling.

(3) No more than six students, including the instructor's family members, shall be taught at any one time.

(4) In addition to the off-street parking spaces required in this chapter for the principal residential use on the lot, an instructional service use requires one off-street parking space per two students being instructed at any one time. A maximum of three off-street parking spaces are permitted on the lot exclusive of the parking required for the principal residential use.

R. KEEPING OF PETS Domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include the keeping dogs, cats, small birds, racing pigeons, gerbils, rabbits, honey bees, and other nonpoisonous animals commonly sold in retail pet shops for noncommercial purposes. This use shall also include the keeping of up to two horses or ponies, so long as the property is three acres or larger.

S. NO-IMPACT HOME-BASED BUSINESS A business or commercial activity administered or conducted as an accessory use within a residential dwelling which is clearly secondary to the residential dwelling use, and which involves no customer, client, or patient traffic (vehicular or pedestrian) in excess of that normally associated with a residential use, and shall not involve any pickup, delivery, or removal activities, to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

(1) The business activity shall be compatible with the principal residential use of the property and surrounding residential uses.

(2) The business shall employ no employees other than members of the immediate family residing within the principal dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.

(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6) The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(7) The business activity shall be conducted only within the principal dwelling and may not occupy more than 25% of the habitable floor area.

T. OUTDOOR WOOD-FIRED BOILER

(1) Also known as "outdoor wood-fired furnaces," "outdoor wood-burning appliance," or "outdoor hydronic heaters, water stoves," etc. A fuel-burning device that meets the following requirements:

(a) Designed to burn or that is capable of burning clean wood or wood pellets made from clean wood or other approved solid fuels;

(b) That the manufacturer designs or specifies for outdoor installation or for installation in structures not normally intended for habitation by humans or domestic animals, including structures such as garages and sheds; and

(c) Which heats building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.

(2) This definition does not apply to devices or appliances involved in: grilling or cooking using charcoal, wood, propane, or natural gas; cooking or heating within a building used for human or animal habitation such as a stove, furnace, or fireplace; the use of propane, acetylene, natural gas, gasoline, or kerosene to provide heating for construction activities.

(3) It has been determined that air pollution from outdoor wood-fired boilers may be detrimental to the health, comfort, living conditions, welfare, and safety of the citizens of the Township, and it is hereby declared to be the policy of the Township to regulate and restrict the use of outdoor wood-fired boilers in order to safeguard the citizens of the Township from air pollution. Therefore, outdoor wood-fired boilers that do not meet the Phase 2 requirements are prohibited in all districts, whether as a primary use or an accessory use.

U. OUTDOOR WOOD-FIRED BOILER, PHASE 2 An outdoor wood-fired boiler that has been certified or qualified by the EPA as meeting a particulate matter emission limit of 0.32 pound per million British Thermal Units output or lower and is labeled accordingly and which has a rated thermal output of less than 350,000 BTU per hour. Phase 2 outdoor wood-fired boiler models will be identified with a white hang tag. Where Phase 2 outdoor wood-fired boilers are permitted as conditional uses, the applicant shall prove compliance with all of the following standards and requirements:

(1) The Phase 2 outdoor wood-fired boiler shall be set back at least 150 feet from all property lines, including, without limitation, 150 feet from the street line. The Phase 2 outdoor wood-fired boiler shall have a permanent attached stack with a minimum stack height of 10 feet above the ground that also extends at least two feet above the highest peak or highest point of the roof of any occupied building located less than 150 feet from the outdoor wood-fired boiler.

(2) The fuel used for the Phase 2 outdoor wood-fired boiler shall be limited to the following, and no other fuel shall be used: clean wood or wood pellets made from clean wood. The following fuel is also permitted when used as a starter fuel or supplemental fuel for a dual-fired boiler: home heating oil, natural gas, or propane.

(3) The Phase 2 outdoor wood-fired boiler shall not be used or operated between the dates of May 1 and September 30 of any year.

(4) The Phase 2 outdoor wood-fired boiler shall be used or operated in compliance with all applicable state, local, and federal regulations.

V. PERSONAL SERVICES A service business established as a home occupation, including, but not limited to, salons, barbershops, and photography studios, which must be conducted in accordance with the following:

(1) This use shall only be established in a single-family detached dwelling or an accessory residential building on the same lot.

(2) Salons and barbershops may be permitted provided no more than two customer chairs are proposed.

(3) No more than one person, other than members of the immediate family residing within the principal dwelling on the lot, may be employed in conjunction with this use.

(4) The minimum lot area shall be 25,000 square feet.

(5) In addition to the off-street parking spaces required in this chapter for the principal residential use on the lot, a personal services use requires one off-street parking space for each non-resident employee, plus one additional space for each 200 square feet of floor space used for this use. A maximum of six off-street parking spaces are permitted on the lot, inclusive of the required residential parking.

W. PROFESSIONAL IN-HOME OFFICE A professional office is a service-oriented business use conducted within an enclosed area specifically designed for the functional needs of professional services, such as, and similar to, a doctor, dentist, psychiatrist, attorney, accountant, architect, engineer, land surveyor, broker, insurance agent, real estate agent, salesperson, manufacturer's representative, minister, rabbi, or priest. A professional office is a permitted home occupation provided that it complies with the following conditions:

(1) A professional office shall only be established in a single-family detached dwelling in which the professional resides and restricted to the first floor of the residence.

(2) No goods or products shall be displayed or sold in conjunction with this use.

(3) No more than two persons, other than members of the immediate family residing within the principal dwelling on the lot, may be employed in conjunction with this use.

(4) The minimum lot area shall be one acre.

(5) In addition to the off-street parking spaces required in this chapter for the principal residential use on the lot, a professional office use requires one off-street parking space for each nonresident employee, plus one additional space for each 200 square feet of floor space occupied by this use. A maximum of six off-street parking spaces are permitted on the lot, inclusive of the required residential parking.

X. REPAIR SERVICE A repair shop for appliances, lawn mowers, watches, guns, bicycles, locks, small business machines, and other goods, but not including vehicle, automobile, truck, motorcycle, and boat repairs. This use must be conducted as a home occupation and in accordance with the following:

(1) Repair service use is only permitted in single-family detached dwellings or in an accessory residential building on the same lot.

(2) No additional people other than members of the immediate family residing within the principal dwelling on the lot may be employed in conjunction with this use.

(3) In addition to the off-street parking spaces required in this chapter for the principal residential use on the lot, this accessory use requires one off-street space per 300 square feet of floor space occupied by this home occupation.

Y. SALE OF AGRICULTURAL PRODUCTS The retail sales of agricultural products at roadside stands or other structures to the general public when conducted in accordance with the following:

(1) Sale of agricultural products is an accessory use which shall be clearly subordinate to a primary residential or agricultural use.

(2) All products sold must be grown, produced or raised on the property, unless the lot size exceeds 10 acres, in which case at least 50% of the products sold shall be grown on the property.

(3) The maximum floor area shall be limited to 2,000 square feet.

(4) The sale area of agricultural products, or if such sale area is located within a structure, that structure, shall meet the yard and setback requirements for the related primary agricultural use.

(5) This use shall only be established in conjunction with an agriculture and/or single-family detached dwelling principal use.

(6) Parking: one off-street parking space for each 200 square feet of sales area.

Z. SHED, HOUSEHOLD STORAGE A structure or building which is less than 250 square feet and is used only for the storage of lawn equipment and personal items accessory to a residential use. Any other type of use other than storage shall not be allowed within the shed.

AA. SHORT-TERM RENTAL The renting out of one or more rooms in a single-family detached dwelling on a short-term basis, usually through websites such as Airbnb or VRBO. This short-term rental use is allowed subject to the requirements for a single-family detached dwelling and the provisions listed below.

(1) Accessory use. This short-term rental use shall be accessory only to a single-family detached dwelling and shall be allowed only where:

(a) The dwelling is the principal building on the property and used by its owner(s) as his/her/their primary residence.

(b) The room(s) offered for rent shall be within the principal building and shall not be in an accessory building.

(c) The owner of the dwelling must be present overnight in the dwelling during the course of the short-term rental.

(d) The rental period for a specific occupant(s) shall be less than 15 consecutive nights.

(e) The total rental period shall be no more than 20 separate rentals a year.

(f) The entire principal dwelling shall not be rented out.

(2) The owner shall rent out no more than two bedrooms of the dwelling.

(3) The owner shall be responsible for any zoning or other ordinance violation(s) committed by any short-term tenant, in addition to the tenant's liability.

(4) Application and permit. The following shall be complied with concerning the application for and issuance of a zoning permit for this accessory use:

(a) Contact information for the owner in case of emergencies or violations shall be provided with the application.

(b) Along with the permit application, owner/applicant shall provide proof of the applicant's ownership of, and permanent residence of, the property that is the subject of the application. Acceptable proof of permanent residence includes: applicant's driver's license or voter registration or U.S. passport showing the address of the property or other document(s) which the zoning officer determines provides equivalent proof of permanent residence.

(c) A zoning permit for this use shall only last one year. The owner/applicant is responsible for renewing this permit in a timely fashion.

(d) A zoning permit for this use may be revoked by the Township for any of the reasons listed below. An owner/applicant whose short-term rental zoning permit has been revoked pursuant to this subsection shall not be eligible to receive a new zoning permit for this use for one year:

[1] The owner is cited for three or more zoning violations by the Township within any twelve-month period.

[2] The owner is cited by the Township for any single violation of any specific regulation of this accessory use.

BB. SOLAR SYSTEM An accessory structure meeting the definition of a building integrated photovoltaic (BIPV) system, a solar energy system, or a solar hot water system. The solar system shall be accessory to the principal use on the same lot; and shall be authorized in all zoning districts. A solar system shall be sized and designed to only generate enough power for the principle use it is accessory to. Any solar system shall be subject to any applicable regulation set forth elsewhere in this chapter; and shall comply with the following:

(1) Solar energy systems accessory to residential uses shall conform to the following regulations.

(a) Ground-mounted solar energy systems (GMSES).

[1] No GMSES shall be permitted in a front yard.

[2] All GMSESs shall meet the following setbacks from the property lines:

[a] The side yard setback shall meet the principal use side yard setback requirement for the zoning district the GMSES is located within.

[b] The rear yard setback shall be equal to the sum of the horizon length of the GMSES measured between the two furthest points along the system's longest side, which are equidistant from the existing grade and the vertical distance of the GMSES measured from the average elevation of the existing grade around the system to the highest point of the GMSES, or the principal use rear yard setback requirement for the zoning district the GMSES is located within, whichever is greater.

[3] No GMSES shall exceed 20 feet in height, as measured from the average elevation of the existing grade around the system to the highest point of the GMSES.

[4] No more than 20% of a lot may be covered with a GMSES.

[5] GMSESs shall be located and/or arranged so that any reflection and/or glare is directed away or buffered from neighboring properties, sidewalks, and roadways.

(b) Roof-mounted solar energy systems (RMSES), including, but not limited to, solar hot water systems.

[1] RMSES may include integrated solar panels as the surface layer of the roof structure of a structure on the parcel with no additional apparent change in relief or projection (i.e., BIPV systems), or other types of solar panels, including, but not limited to, separate flush-mounted panels attached to the roof surface.

[2] Peaked roof. RMSESs and related equipment/materials installed on the highest roof on the structure shall not project vertically above the peak of the peaked roof to which they are attached.

[3] Flat roof. RMSESs and related equipment/materials installed on the highest roof on the structure shall not project vertically more than five feet above the flat roof to which they are attached.

[4] Lower roof. RMSESs and related equipment/materials installed on a roof or area of the roof that is lower than the highest roof on the structure shall not project vertically above this highest roof.

[5] RMSESs shall be located and/or arranged so that any reflection and/or glare is directed away or buffered from neighboring properties, sidewalks, and roadways.

(c) Design and installation.

[1] To the extent applicable, a solar system shall comply with the Pennsylvania Construction Code (Act 45 of 1999), 35 P.S. § 7210.101 et seq., as amended, and the applicable regulations adopted by the Pennsylvania Department of Labor and Industry (34 Pa. Code § 401 et seq.), as amended.

[2] The applicant shall certify that the solar system, including its design, meets all applicable industry standards and all applicable electric utility regulations needed for interconnection.

[3] RMSESs and related equipment/materials shall be set back a minimum of three feet from the edge of any roof they are installed on.

(d) Discontinued use of solar systems.

[1] Any solar system which has not been active and/or in service for a period of one year or more shall be completely removed by the property owner from the property and properly disposed of, including any and all related equipment/materials.

[2] The former site of the solar system shall be restored by the property owner to its prior natural condition within six months of the date of removal of the system from the property.

(2) Solar systems accessory to nonresidential uses shall meet all of the setback requirements and other regulations applicable to the principal nonresidential building on the same lot as the system. These solar systems shall also meet all of the other regulations set forth above applicable to solar systems accessory to residential uses.

CC. SWIMMING POOL, HOUSEHOLD A man-made area with walls of man-made materials constructed or intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests, subject to the following:

(1) A zoning permit shall be required to locate or construct a household swimming pool. Permit plans shall be submitted to the Township that satisfactorily indicate the location, specific dimensions, area, depth, method of fencing and latching, and method and manner of the emptying of the pool. The issued permit shall indicate the approved method of drainage and fencing. Before any swimming pool is filled with water, the Township shall make a final inspection and issue a compliance certificate.

(2) The pool shall be illuminated by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed or reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.

(3) A fence shall be provided in conformance with the Township's Building Code. At a minimum, every swimming pool shall be entirely surrounded by a permanent wire mesh fence or its equivalent; not less than four feet in height; equipped with an automatically closing gate and operating lock that automatically latches. This fence shall be located no closer than five feet from the edge of the pool. An aboveground pool equipped with a deck or platform, however, may have the fence installed on the edge of the deck or platform, so long as it completely surrounds the pool.

(4) There shall be no cross-connection with a public sewerage system.

(5) The permanent inlet shall be above the overflow level of the pool.

(6) Special setbacks:

(a) No pool or associated decking/equipment shall be located less than 15 feet from any property or street line.

(b) No pool or associated decking shall be located under any electric power lines (including service lines), and the pool/decking must be located at least 10 feet (measured horizontally) from such power lines.

(c) No in-ground pool shall be located less than 15 feet from any cesspool or subsurface sanitary sewer system.

(7) These regulations apply to all pools, spas, hot tubs, etc., and their appurtenant facilities.

DD. TEMPORARY USE OR STRUCTURE A use or structure which is not to be used for more than 30 continuous days.

EE. TRADES BUSINESS A trades business is a home occupation which uses a residence as the base of operation for a craftsperson or tradesperson, but not including the conducting of any phase of the craft or trade on the property, other than administrative activities. Applicable crafts and trades include but are not limited to: electrician, plumber, carpenter, mason, painter, roofer, and similar occupations.

(1) This use shall only be established in conjunction with a single-family detached dwelling. The minimum lot area shall be three acres.

(2) A maximum of three business vehicles may be parked on the property. These vehicles shall be parked to the side or rear of the dwelling unit.

(3) The area of the office and for the storage of materials and equipment (excluding vehicles) shall not exceed the floor space limitations for home occupations in general.

(4) No assembling, manufacturing, processing, or sales shall be conducted on the property.

(5) In addition to the off-street parking spaces required in this chapter for the principal residential use on the lot, a trades business use requires one off-street space for each business vehicle. A maximum of six off-street parking spaces are permitted on the lot inclusive of the required residential parking.

AGRICULTURAL USE

A use involving the cultivating of soil, the raising of livestock, and the harvesting of the products of the soil, including, but not by way of limitation, crop farming, animal husbandry, nursery stock, horticulture, silviculture, aquaculture, and forestry. The following are specific types of agricultural uses:

A. ANIMAL HUSBANDRY The raising and keeping of livestock, poultry, or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "keeping of pets" accessory use and beyond what is allowed within the definition of "crop farming." "Animal husbandry" shall not include a CAFO, a slaughterhouse, nor a stockyard used for the housing of animals awaiting slaughter.

B. COMMERCIAL FORESTRY The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development. This term shall not apply to Christmas tree farms.

C. CROP FARMING The cultivating, raising, and harvesting of products of the soil and the storage of these products produced on the premises. The definition of crop farming shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, non-household stables, concentrated animal feedlot operations, riding academies, or kennels.

D. KENNEL The keeping of more than four dogs or more than six cats, that are older than six months, or the breeding of any number of dogs or cats for compensation or commercial uses. A nonprofit animal shelter is a type of kennel.

E. STABLE, NON-HOUSEHOLD Any housing of three or more horses. This may include a commercial or private riding club. The housing of up to two horses shall be considered an accessory use under the "keeping of pets" on properties of three acres or more.

COMMERCIAL USE

Includes retail sales, offices, professional services, personal services, auto sales, auto repair garages, and other uses of a similar commercial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a retail store commercial use. The following are specific types of commercial uses:

A. AUTO, BOAT, AND/OR MOBILE/MANUFACTURED HOME SALES A building or area, other than a street, used for the outdoor or indoor display, sale, or rental of one or more of the following: motor vehicles, recreation vehicles, boat trailers, farm equipment, motorcycles, trucks, utility trailers, construction vehicles, or boats in an operable condition, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use to a principal auto or boat sales use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park or a junkyard.

B. AUTO REPAIR GARAGE A building and/or land where repairs and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service center." An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding, or rebuilding of transmissions. This use may also include any use described in the definition of "auto service center." The following performance standards shall be met:

(1) All activities shall be performed within an enclosed building.

(2) The storage of vehicles, boats, parts, or accessories shall be within an enclosed building or behind an eight-foot high, opaque fence. All stored items shall be fully shielded from view from any adjacent property or roadway.

(3) The applicant shall provide documentation that any emissions or exhaust levels are acceptable for a residential area.

C. AUTO SERVICE CENTER A building and/or land where repairs and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is less intense in character than work permitted under the definition of "auto repair garage." This use includes major mechanical work and emissions testing centers, but specifically excludes body work, welding, and painting. This use may also include the accessory sale of gasoline in compliance with the requirements of a gasoline filling station. The following performance standards shall be met:

(1) All activities shall be performed within an enclosed building.

(2) The storage of vehicles, boats, parts, or accessories shall be within an enclosed building or behind an eight-foot high, opaque fence located behind the front facade of the principal building upon the property. All stored items shall be fully shielded from view from any adjacent property or roadway.

(3) The applicant shall provide documentation that any emissions or exhaust levels are acceptable for a residential area.

D. BAKED GOODS STORE A retail store that only sells baked goods. A baked goods store that contains seating for food consumption shall be considered a restaurant use.

E. BED-AND-BREAKFAST A residential use consisting of one dwelling unit together with more than two rooms that are rented to overnight or weekly guests and where meals are prepared for the guests by the proprietors. The rented rooms do not contain kitchen facilities and do not constitute separate dwelling units. This does not include a short-term rental.

F. BETTING USE A use where lawful gambling activities are conducted, including but not limited to off-track pari-mutuel betting, horse or dog tracks, bingo parlors, and riverboat gambling. This term shall not include betting under the state lottery programs or betting under the "small games of chance" provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property (such as a membership club).

G. BOARDINGHOUSE A residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation and that does not meet the definition of a hotel, dormitory, motel, life-care center, personal care center, bed-and-breakfast, group home, nursing home, or short-term rental. A boardinghouse may involve the provision of meals to residents.

H. BOOKSTORE A retail store that sells new and used books. An adult bookstore shall not be considered a bookstore.

I. CAMERA AND PHOTOGRAPHIC SUPPLY STORE The retail selling of cameras, video devices, and photographic supplies with limited photographic development only.

J. CAR WASH Automated or self-serve commercial facility for washing, cleaning, and/or detailing of automobiles and light trucks.

K. CHILDREN'S AND INFANTS' CLOTHING STORE The retail selling of clothing for children and infants, including coverings for the trunk and limbs as well as coverings for hands (gloves), feet (shoes, sandals, boots), and head (hats, caps).

L. CLOTHING ACCESSORIES STORE The retail selling of clothing including coverings for the trunk and limbs as well as coverings for hands (gloves), feet (shoes, sandals, boots), and head (hats, caps). Articles carried rather than worn (like purses and umbrellas) normally count as accessories rather than clothing.

M. CONVENIENCE STORE A retail store with limited inventory, that primarily sells routine household goods, groceries, and prepared ready-to-eat foods to the general public. This use may also include the accessory sale of gasoline in compliance with the requirements of a gasoline filling station. A convenience store shall not contain a drive-through accessory use.

N. FINANCIAL INSTITUTION An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public and that may include automatic teller machines (ATM). This use may have a drive-through accessory use.

O. FLEA MARKET Businesses with short-term or daily rental of stalls, booths, or selling spaces to individual persons for selling used and new consumer merchandise, antiques, art and craft items, and collectibles at retail. Resale of merchandise is allowable, but not as a branch or outlet of a business with another location elsewhere outside the flea market. Uses such as garage/yard sales, junk sales, used car sales, thrift shops, and consignment shops are excluded from this definition.

P. FUNERAL ESTABLISHMENT An establishment for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation, including a funeral home, mortuary, auditorium, retail sales of funeral-related equipment and goods, laboratory, and temporary storage facilities, but not including cemeteries, columbaria, crematoriums, mausoleums, or any other permanent storage facility for remains.

Q. GARAGE, PUBLIC A building, other than a household or storage garage, one or more stories in height and used solely for the commercial storage of motor vehicles and boats.

R. GASOLINE FILLING STATION Any area of land, together with structures thereon, used for the retail sales of motor fuel and may include ancillary/accessory services, such as a car wash; the sale, installation, or minor repair/replacement of lubricants, tires, batteries or other automobile accessories; and the routine servicing and minor mechanical repair of motor vehicles, excluding painting, major body, upholstery, and restoration work. In addition, any such use shall meet the following standards:

(1) All activities, except those performed at fuel or air pumps, shall be performed within an enclosed building;

(2) Fuel pumps shall be set back at least 25 feet from any ultimate right-of-way; and

(3) All auto parts and other storage shall be within an enclosed building.

S. HOTEL A building which provides temporary lodging accommodations, with entry to individual lodging units being made from the interior of the building and with no direct entrance to individual lodging units from the exterior of the building, and which may provide eating facilities, meeting rooms, recreational facilities, and restaurants located within and forming a part of the hotel building.

T. LUMBER YARD/BUILDING SUPPLY The wholesale/retail sale of construction and building materials, supplies, and accessories. May include the sale of nursey stock, residential outdoor furniture and appliances, and/or residential lawn and garden equipment as an accessory use.

U. MOTOR COURT OR MOTEL A building 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, and used for providing overnight or temporary sleeping accommodations for travelers and is suitable for occupancy at all seasons of the year.

V. MEAT AND SEAFOOD MARKET AND BUTCHER SHOP A retail establishment in which meat, poultry, and fish are sold. The killing of animals or fish onsite shall be considered a slaughterhouse, and thus such activities are not allowed in conjunction with this retail use. All waste material must be disposed promptly and temporarily stored correctly as required by the Township.

W. MEDICAL MARIJUANA DISPENSARY A shop or store holding a permit issued by the Pennsylvania Department of Health to dispense medical marijuana and that sells medical marijuana to the ultimate consumer. Other retail sales, other activities, accessory/ancillary uses, and outside storage/display are not allowed as a part of this use nor are they allowed in/on the same structure/property as this use. In addition, the establishment and operation of a dispensary shall fully comply with the Pennsylvania Medical Marijuana Act (35 P.S. § 10231.101 et seq.) and the regulations promulgated thereunder, including, but not limited to, Chapters 1141, 1151, and 1161 of Title 28 of the Pennsylvania Code (28 Pa. Code Chapters 1141, 1151, and 1161).

X. NEWS DEALERS AND NEWSSTANDS A place (such as an outdoor stall) where newspapers, magazines, and periodicals are sold. Any material displayed or being sold containing seminude or totally nude pictures or drawings shall be considered an adult bookstore, and thus such activities are not allowed in conjunction with this retail use.

Y. PERSONAL SERVICES Shops, including but not limited to a barber/beauty shop, hair/nail salon, electrolysis services, tailor, dressmaking, shoe repair, photographer, travel agency, or similar service uses, excluding repair service, dry-cleaning, tattoo, and massage establishments.

Z. PHARMACY The art, practice, or profession of preparing, preserving, compounding, and dispensing medical drugs or cosmetic material. The sale of liquor, wine, and/or beer shall not be allowed in conjunction with this retail use. A pharmacy which displays more than 40% of the gross floor area of the pharmacy in food products normally sold in grocery stores shall be considered a retail store use and not a pharmacy. Excludes a medical marijuana dispensary.

AA. PLANT NURSERY or LANDSCAPING BUSINESS The indoor and/or outdoor raising of trees, plants, shrubs, or flowers for sale and storage of landscaping equipment, but not primarily including commercial forestry for lumber. A plant nursery may include the growth of trees for sale for interior decoration of homes, such as a Christmas tree farm. A plant nursery or landscaping business with more than three employees shall be considered a retail store use.

BB. PRODUCE SHOP The retail sale of fresh agricultural products from permanent enclosed structures. Meat, fish, and/or dairy products are not permitted. Outdoor sales area may not exceed 10% of the enclosed retail sales area.

CC. REPAIR SERVICE Shops for the repair of small engines, appliances, watches, jewelry, firearms, bicycles, and other similar household items.

DD. RESTAURANT A commercial establishment for the sale and consumption of food and beverages. Drive-in and fast food restaurants are considered separate and distinct uses from a restaurant, in general. The sale of alcoholic beverages must be incidental to the sale and consumption of food.

EE. RESTAURANT, FAST-FOOD Any restaurant which is characterized by one or more of the following features:

(1) Orders are placed and received at a central counter.

(2) Orders are frequently packaged for takeout.

(3) Orders may be consumed at tables or booths within the facility which must be cleared by the customers.

(4) Tableside service is not provided.

(5) Disposable containers and utensils are used rather than reusable dishes.

(6) Contains a drive-through as an accessory use.

(7) Customers place and receive their orders without leaving their cars or other motor vehicles.

FF. RETAIL STORE A use in which merchandise is sold or rented to the general public but does not include the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store, restaurant, or other separately defined uses.

GG. SATELLITE USE A commercial establishment in a shopping center, located independent of other buildings and frequently near the road frontage of the center. These uses are often ancillary to large stores in the center.

HH. SELF-STORAGE FACILITY A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property. This use may also include an accessory recreational vehicle storage use.

II. SHOPPING CENTER A use combining three or more satellite uses, retail stores, specialized retail, supermarkets, baked goods stores, bookstores, camera and photographic supply stores, children's and infants' clothing stores, clothing accessories stores, financial institutions, meat and seafood market and butcher shops, pharmacies, produce shops, personal services, repair services, offices, and/or restaurants.

JJ. SPECIALIZED RETAIL Retail shops and stores selling gifts, novelties, flowers, books, periodicals, jewelry, apparel, tobacco, toys and crafts and stationery; a hobby shop; excluding antique stores. Stores in excess of 7,500 square feet in a single structure are not included in this use. Adult bookstores are not included in this use.

KK. SUPERMARKET A retail store with more than 10,000 square feet of retail space where food for humans is the primary item being sold.

LL. SWIMMING POOL, PUBLIC A man-made area with walls of man-made materials constructed or intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the general public.

(1) A zoning permit shall be required to locate or construct a public swimming pool. Permit plans shall be submitted to the Township that satisfactorily indicate the location, specific dimensions, area, depth, method of fencing and latching, and method and manner of the emptying of the pool. The issued permit shall indicate the approved method of drainage and fencing. Before any swimming pool is filled with water, the Township shall make a final inspection and issue a compliance certificate.

(2) The pool shall be illuminated by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed or reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.

(3) A fence shall be provided in conformance with the Township's Building Code. At a minimum, every swimming pool or pool complex shall be entirely surrounded by a permanent wire mesh fence or its equivalent; not less than six feet in height; equipped with automatically closing gates and operating locks that automatically latch. This fence shall be located no closer than 10 feet from the edge of any pool.

(4) There shall be no cross-connection with a public sewerage system.

(5) The permanent inlet shall be above the overflow level of the pool.

(6) Special setbacks:

(a) No pool or associated decking/equipment shall be located less than 20 feet from any property or street line.

(b) No pool or associated decking shall be located under any electric power lines (including service lines), and the pool/decking must be located at least 20 feet (measured horizontally) from such power lines.

(c) No in-ground pool shall be located less than 30 feet from any cesspool or subsurface sanitary sewer system.

(7) These regulations apply to all pools, spas, hot tubs, etc., and their appurtenant facilities.

MM. SWIMMING POOL, SEMIPUBLIC A man-made area with walls of man-made materials constructed or intended to enclose water at least 24 inches deep for bathing or swimming and that does not meet the definition of a household or public swimming pool. This includes a pool that serves only residents of a development or members of a club, and their occasional guests.

(1) A zoning permit shall be required to locate or construct a semipublic swimming pool. Permit plans shall be submitted to the Township that satisfactorily indicate the location, specific dimensions, area, depth, method of fencing and latching, and method and manner of the emptying of the pool. The issued permit shall indicate the approved method of drainage and fencing. Before any swimming pool is filled with water, the Township shall make a final inspection and issue a compliance certificate.

(2) The pool shall be illuminated by underwater or exterior lights, or both, provided all exterior lights are located so that the light is neither directed or reflected upon adjacent properties in such a manner as to be a nuisance or an annoyance to neighboring properties. Underwater lighting shall be in compliance with the applicable National Electrical Code.

(3) A fence shall be provided in conformance with the Township's Building Code. At a minimum, every swimming pool or pool complex shall be entirely surrounded by a permanent wire mesh fence or its equivalent; not less than six feet in height; equipped with automatically closing gates and operating locks that automatically latch. This fence shall be located no closer than 10 feet from the edge of any pool.

(4) There shall be no cross-connection with a public sewerage system.

(5) The permanent inlet shall be above the overflow level of the pool.

(6) Special setbacks:

(a) No pool or associated decking/equipment shall be located less than 20 feet from any property or street line.

(b) No pool or associated decking shall be located under any electric power lines (including service lines), and the pool/decking must be located at least 20 feet (measured horizontally) from such power lines.

(c) No in-ground pool shall be located less than 30 feet from any cesspool or subsurface sanitary sewer system.

(7) These regulations apply to all pools, spas, hot tubs, etc., and their appurtenant facilities.

NN. TAVERN A place where alcoholic beverages are served as at least 50% of the total sales, The sale of food and production of beverages may also occur.

OO. THEATER A building or part of a building devoted to the showing of moving pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.

PP. TOURIST HOME A dwelling in which sleeping accommodations for fewer than 10 persons are provided or offered primarily for automobile travelers for compensation.

QQ. TRADES A contractor's storage yard and offices for building trades, such as but not limited to: landscaping, plumbing, electrical work, building construction, building remodeling, woodworking, and roofing.

RR. TRUCK STOP A commercial use that primarily involves providing fuel and other services to tractor-trailer trucks. This use may also involve providing repair services, sale of gifts and various household items, a restaurant, showers, and a motel.

SS. VETERINARIAN OFFICE OR ANIMAL HOSPITAL A building routinely used for the treatment of animals and related accessory housing or boarding of sick animals. Treatment of large animals includes all types of animals including horses, cows and pigs. Housing of primarily healthy animals shall be considered a kennel and shall meet the requirements of that use.

INDUSTRIAL USE

Includes manufacturing, distribution, warehousing, and other operations of an industrial nature, and not primarily of a commercial, institutional, or residential nature. The following are specific types of industrial uses:

A. CONCENTRATED ANIMAL FEEDLOT OPERATION (CAFO) A lot or facility where at least 50 livestock or poultry animals have been, are, or will be housed, stabled, or confined and fed or maintained for a total of at least 45 days in any twelve-month period, and the animal confinement area does not sustain crops, vegetation, forage growth, or post-harvest residues in the normal growing season. A facility housing more than 50 animals shall be considered an industrial use and not an agricultural use. It is not necessary that the same animals are fed or maintained on the lot for the forty-five-day period, nor do the 45 days need to be consecutive. For the requirements of having a Pennsylvania Nutrient Management Plan, a CAFO is also defined as where the animal density exceeds two AEUs per acre on an annualized basis. (An AEU being defined as 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit). A CAFO shall only be located within the Industrial District as a conditional use on a tract of land with at least 10 acres. All building(s) where slaughtering takes place shall be located at least 250 feet away from all exterior lot lines and at least 1,000 feet away from any existing dwelling or any boundary of a residential zoning district. This use must meet the buffer requirements for an industrial use.

B. JUNKYARD Any land or area used for: the storage of paper, rags, scrap metal, or other junk/debris/waste material; the storage of automobiles, vehicles, equipment, appliances, and other types of machinery not in running condition; and/or the dismantling of such items.

C. DISTRIBUTION The processing of materials so as to sort out which finished goods are to be transported to different locations, and the loading and unloading of such goods. This use usually involves inventory control, material handling, order administration, and packaging. Specifically, a use that primarily involves either loading materials from tractor-trailers onto smaller trucks or loading materials from smaller trucks onto tractor-trailers shall be considered a distribution use. This use shall not include a trucking company terminal.

D. MANUFACTURE The making, with substantial use of machinery, of some product for sale, and/or associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, recycling, distribution, and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility, or truck terminal.

E. MEDICAL MARIJUANA GROWER/PROCESSOR An industrial facility holding a permit issued by the Pennsylvania Department of Health to grow and process medical marijuana and that sells medical marijuana to medical marijuana dispensaries for sale to the ultimate consumer. Retail sales, other activities, accessory/ancillary uses, and outside storage/display are not allowed as a part of this use nor are they allowed in/on the same structure/property as this use. In addition, the establishment and operation of a grower/processor shall fully comply with the Pennsylvania Medical Marijuana Act (35 P.S. § 10231.101 et seq.) and the regulations promulgated thereunder, including, but not limited to, Chapters 1141 and 1151 of Title 28 of the Pennsylvania Code (28 Pa. Code Chapters 1141 and 1151).

F. MINERAL EXTRACTION The removal of bulk mineral resources from the surface or beneath the surface of the land using significant machinery. Mineral extraction includes, but is not limited to, the extraction of sand, gravel, topsoil, limestone, sandstone, coal, clay, shale, and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.

G. PRINTING Shall include printing, publishing, lithographing, photocopying, bookbinding, and similar uses.

H. RECYCLING COLLECTION CENTER A use for collection and temporary storage of more than 500 pounds of common household materials for recycling but that does not involve processing or recycling, other than routine sorting, baling, and weighing of materials.

I. SLAUGHTERHOUSE A use involving the killing of animals for the production of food or some other commercial product. Also includes the processing of meat or fish in such a manner as to change its properties with a view to preserving it, improving its quality, or making it functionally more useful. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughterhouse. This shall not include a custom "butcher shop" that does not involve killing of animals (which is a retail sales use).

J. SOLID WASTE DISPOSAL FACILITY

(1) Land or structures where solid waste is processed, incinerated or disposed of. This shall only include the following facilities, each of which shall be required to have all permits required by the state in place prior to initiation of the use: sanitary landfill, solid waste transfer facility, or solid waste-to-energy facility.

(2) The following uses for the purposes of this chapter shall not be considered to be a solid waste disposal facility: junkyard, recycling collection center, leaf composting, clean fill, or septage or sludge application.

K. SOLID WASTE-TO-ENERGY FACILITY A type of solid waste disposal facility that utilizes waste (such as trash, sludge, or any other nonhazardous commercial, residential, or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs.

L. SOLID WASTE TRANSFER FACILITY A type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste.

M. TIRE STORAGE, BULK The storage of more than five tires on a lot, except for manufacture or wholesale or retail sales of new tires. All retail or wholesale bulk tire storage sales must be completely conducted indoors to be not considered bulk tire storage.

N. TRUCK TERMINAL A use involving either a single or a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from and reloaded onto tractor-trailer trucks. This definition shall include large warehouse uses with over 50 truck docks.

(1) A use that primarily involves loading materials from tractor-trailers onto smaller trucks or smaller trucks onto tractor-trailers shall be considered a distribution use.

(2) A truck terminal may include the following as clearly accessory uses, if they are closely related to the principal use: repair, washing, refueling, and maintenance facilities for trucks using the terminal; administrative uses for the terminal; and rest facilities for drivers of trucks using the terminal.

(3) Storage or parking of two or more empty trailers on a single lot that are not associated with any type of specific warehouse or distribution structure on that lot shall also be defined as operating a trucking terminal.

O. WAREHOUSE A building or group of buildings containing fewer than 50 loading/unloading docks/areas and used for the indoor storage, transfer, and redistribution of products and materials, including materials owned by third parties that are transported to the site to be unloaded, stored, and subsequently reloaded onto trucks and/or tractor-trailers for delivery to other locations. A related retail use occupying a space constituting less than 5% of the total warehouse space may be included within each warehouse.

P. WHOLESALE Sales that primarily involve transactions with other businesses and their agents and not to the general public.

INSTITUTIONAL USE

An organization having an educational, social, philanthropic, or religious purpose, such as a hospital, hospice, care facilities for the aged, nursing home, life-care center, assisted living care, church, reformatory, school, college, and university. The following are specific types of institutional uses:

A. ANIMAL CEMETERY Land or buildings used for the internment or burial of the remains of three or more animals. Burial of up to two animals on a lot shall be a permitted-by-right accessory use in all districts.

B. AUDITORIUM, COMMERCIAL A commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances, or sports events, but not a use that meets the definition of a movie theater, adult cabaret, restaurant, drive-in restaurant, or fast-food restaurant.

C. CARE FACILITIES FOR THE AGED Institutional facilities that provide support services to the elderly, including personal care facilities, intermediate care facilities, skilled nursing care facilities, nursing homes, and life-care facilities.

D. CEMETERY Land or buildings used for the burial only of deceased humans and/or for the cremated remains only of humans.

E. CHILD DAY-CARE FACILITY Any of the following, as defined by Pennsylvania Code Title 55, Part V, Subpart D, Article I, Chapters 3270, 3280, and 3290: child day-care center, group child day-care home, or family day-care home.

F. COMMUNITY CENTER A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public, residents of a specific development and their occasional guests, or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income persons. This shall not include residential uses.

G. CRIMINAL TREATMENT CENTER A use, other than a prison, providing living accommodations and treatment facilities for persons needing such treatment because of offenses that are criminal in nature. This shall include, but not be limited to, drug rehabilitation centers, halfway houses for persons recently released from prison, and treatment centers for drunk drivers and juvenile delinquents.

H. CULTURAL CENTER A building and/or land open to the public which contains exhibits of clearly artistic or cultural interest, such as a museum, art gallery or indoor nature study area. This shall not include uses that are primarily commercial.

I. DORMITORY A principal or accessory building that includes residential areas occupied exclusively by faculty/staff and/or students/patients of an accredited college or university, state-licensed hospital, or accredited public or private primary or secondary school.

J. EDUCATIONAL USE Includes any or all of the following institutions of learning:

(1) Schools. Public (including charter schools) and private (including religious, sectarian, nonsectarian, and denominational schools) schools providing primary, elementary, junior high, or high school level education and instruction to both day and boarding students. Does not include child day-care facilities.

(2) Institutions of higher learning. Accredited institutions, including junior colleges, community colleges, four-year colleges, and universities that offer courses of general or specialized study leading to a post-secondary or graduate degree.

(3) Trade/vocational schools. An entity providing instruction in a trade or vocation, such as information technology, carpentry, plumbing, electronics, automobile repair, cosmetology, culinary arts, and other similar activities, leading to a degree or certificate.

K. FRATERNITY OR SORORITY HOUSE A type of dormitory, regulated as such, which is occupied by organized groups of students currently attending an institution of higher learning, and which is officially recognized as a fraternity or sorority by such institution.

L. HOBBY SCHOOL OR STUDIO A facility that is primarily intended for teaching, instruction, and practice of a skill, craft, or hobby (i.e., dancing, gymnastics, martial arts, photography, ceramics, music, art, etc.) and does not include viewing or fitness as primary activities.

M. HOSPICE A facility that provides support services for terminally ill persons, but that does not primarily involve highly skilled medical care. Such use may occur within a hospital, care facilities for the aged, personal care center, or group home. However, if the use involves care of persons with illnesses that can be contagious through the air or casual conduct, the use shall be limited to within a hospital or nursing home.

N. HOSPITAL A use that involves the diagnosis, treatment, or other medical care of humans that includes care requiring stays overnight and that may also include outpatient care. A medical care use that does not involve stays overnight shall be considered a "medical office or clinic." A hospital may involve care and rehabilitation for medical, dental, or mental health, but shall not include housing of the criminally insane nor primarily involve housing or treatment of persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health-care professions.

O. INSTITUTIONAL GROUP LIVING QUARTERS Residential living quarters where the residents do not live together as a single housekeeping unit. To be considered a single housekeeping unit, all residents must have common use of and access to all living areas, eating areas, bathrooms, and food preparation and serving areas. Dormitories, barracks, prisons, nursing homes, personal-care homes, life-care facilities for the aged, long-term care areas of hospitals, shelters, wards, juvenile institutions, group homes that meet the above definition, monasteries, convents, and any other similar living quarters that meet the above definition shall be considered an institutional group living quarter.

P. INTERMEDIATE CARE FACILITY A facility that provides nursing care and related medication or other personal health services on a regular basis to individuals who do not require a degree of care or treatment which a hospital or skilled nursing care facility is designed to provide, but who, because of their mental or physical disability, require hospital or skilled nursing services within the context of a planned program of care and administrative management, supervised on a continuous twenty-four-hour basis in an institutional setting. Must comply with all state regulations and licensing requirements.

Q. LIFE-CARE FACILITY An age-restricted continuing care development that provides a continuum of accommodations and care, from independent living units to personal care to intermediate care to skilled nursing care to hospice and nursing homes, and enters into contracts to provide lifelong care in exchange for the payment of periodic fees and an entrance fee. Independent living units are dwelling units located within a life-care facility. Must comply with all state regulations and licensing requirements.

R. NURSING HOME A facility licensed by the state for the housing and intermediate or fully skilled nursing care of four or more persons. Must comply with all state regulations and licensing requirements.

S. PERSONAL-CARE FACILITY A premises in which food, shelter, and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator and who do not require the services of a skilled nursing or intermediate care facility, but who do require assistance or supervision in matters such as dressing, bathing, diet, or medication prescribed for self-administration. Sometimes known as an "assisted living facility." Must comply with all state regulations and licensing requirements.

T. PLACES OF WORSHIP Buildings, such as synagogues, churches, religious retreats, monasteries, seminaries, temples, meetinghouses, and shrines, used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes.

U. PRISON A correctional or penal institution which persons are required to inhabit by criminal court actions or as the result of a criminal conviction.

V. SKILLED NURSING CARE FACILITY A premises in which nursing care and related medical or other health services are provided for a period exceeding 24 hours for two or more individuals who are not relatives of the operator, who are not acutely ill or in need of hospitalization but who, because of age, illness, disease, injury, convalescence, or physical or mental infirmity, need such care, including, but not limited to, Alzheimer units and memory care services. Must comply with all state regulations and licensing requirements.

OFFICE USE

The following are specific types of office uses:

A. MEDICAL OFFICE OR CLINIC A use involving the treatment and examination of patients by state-licensed physicians or dentists, provided that no patients shall be kept overnight on the premises. This use may involve the testing of tissue, blood, or other human materials for medical or dental purposes.

B. OFFICE A use that involves administrative, clerical, real estate, financial, governmental, or professional operations and operations of a similar character. This use shall not include commercial uses, industrial uses, medical or dental offices, veterinarian offices/animal hospitals, clinics or laboratories, photographic studios, or television or radio broadcasting studios.

RECREATIONAL USE

The following are specific types of recreational uses:

A. CAMPGROUND A commercial use that is primarily recreational in nature that involves the use of tents, portable toilets, and/or sites leased for recreational vehicles for transient and seasonal occupancy by persons recreating or by travelers using automobiles, recreational vehicles, bicycles, canoes, rafts, or boats. Also includes the use of tents or cabins for seasonal occupancy or temporary use by organized groups of persons or by private rental purposes. Rental of properties along the Schuylkill River for any type of boat, canoe, or rafting launch or landing shall be considered operating a commercial campground.

B. COMMERCIAL INDOOR RECREATION A type of commercial recreation use that: a) does not meet the definition of commercial outdoor recreation; and b) is used principally for active or passive recreation, such as a bowling alley, roller skating, ice skating, commercial batting practice use, rock climbing, and similar uses. This term shall not include any use listed separately as a distinct use by in this chapter, such as a theater.

C. COMMERCIAL OUTDOOR RECREATION A type of commercial recreation use that: a) has a total building coverage of less than 15%; and b) is used principally for active or passive recreation, such as a golf driving range, miniature golf course, amusement park, outdoor ice skating, and similar uses. This term shall not include any use listed separately as a distinct use by this chapter, such as a target range.

D. FAIRGROUNDS A use that offers primarily outdoor amusements and activities such as agriculturally and/or horticulturally-related exhibitions and shows, trade shows, boat shows, recreational vehicle shows, temporary tent sales, hobby shows, camping shows, fishing and hunting shows, and firework displays with accessory facilities such as concessions, amusement park rides, commercial games, and musical concerts. Also includes routine and customary accessory activities on the property of a Township-recognized fire company, such as small games of chance, fundraising breakfasts, and concessions to serve attendees at such events.

E. GOLF COURSE An outdoor area used for the game of golf, with a minimum of nine holes each requiring a player to hit a ball at least 100 feet. This use may also include a clubhouse (which may include a restaurant, banquet facilities, and/or snack bar), swimming pools, tennis courts, indoor gyms, golf equipment sales, maintenance structures, and similar facilities as accessory uses.

F. PARKLAND Municipal, county, state and federal parks, including, but not limited to: Audubon Wildlife Sanctuary, Evansburg State Park, and Valley Forge National Historical Park, as well as public lands held for conservation and open space preservation, including open space dedicated to Lower Providence Township or Montgomery County. All parkland is limited to uses of a primarily passive, nonintensive, and nonmotorized nature, including, but not limited to, picnicking, walking, running, hiking, bicycling, horseback riding, fishing, ice skating, boating, birdwatching, overnight camping, tennis, basketball, roller hockey, wildlife sanctuary, playground, forest preserve, watershed protection area, and playing fields.

G. RACETRACK A use primarily involving driving of any type of motor vehicle other than upon driving on a public street, and involving speeds routinely exceeding 40 miles per hour, that involves some element of timekeeping or other competition. Also covers facilities for the racing of horses or dogs and accessory uses such as restaurants and bars.

H. PRIVATE RECREATION Indoor and outdoor leisure-time activities that are only open to specific members, guests, or groups connected to the use.

I. TARGET RANGE An area used for firearm and/or archery shooting practice or competitions.

J. TRAILER CAMP OR PARK Any land used or designated to be used as parking space for more than one recreational vehicle.

K. WILDLIFE SANCTUARY A noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education and/or study center and customary maintenance buildings.

RESIDENTIAL USE

An existing or proposed dwelling or dwelling unit on a lot. The following are specific types of residential uses:

A. DUPLEX Two dwelling units on one lot, in a single building, having one wall or floor in common, with yard area on all sides of the building containing the two dwelling units.

B. GARDEN APARTMENT A type of multifamily dwelling which is not more than 35 feet in height from the main finished grade level and has direct entrances from the outside to each dwelling unit.

C. GROUP HOME A use that meets all of the following criteria:

(1) Involves the care of between two and 20 persons who are not related to each other by blood, marriage, adoption, or formal foster relationship;

(2) Involves the care of persons who need nonroutine support services and oversight in order to reasonably function, because of physical illness or infirmity, old age, physical disability, mental illness, mental disability, or emotional disability, but that is not a criminal treatment center;

(3) Involves persons residing in a family-like residential environment; and

(4) Operates under an applicable license or certification from an appropriate state or county agency.

D. MOBILE HOME PARK A track of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.

E. MULTIFAMILY DWELLING (APARTMENT BUILDING) A freestanding residential building of three or more dwelling units, with common walls and floors, constructed on one lot. The dwelling units shall be solely accessed from interior hallways or lobbies, except for balconies or patios shall be allowed as secondary accesses. The dwellings shall have a minimum size of 750 square feet. The yard area or open space upon the lot shall be available for the common use of all the dwelling units.

F. MULTIPLEX Three or more dwelling units on one lot, attached side by side, back to back, top to bottom, or side to back, so that at least two intersecting exterior walls of each unit remain unattached. Each dwelling unit shall have one or more common walls with at least one other dwelling unit. There shall be yard areas or private open space on at least two intersecting exterior sides of each dwelling unit and on all sides of the building containing all of the dwelling units.

G. OSR OPEN SPACE RESIDENTIAL DEVELOPMENT

(1) Intent. The primary purpose of this use is to provide alternative zoning standards that will allow and encourage preservation of significant amounts and types of open space and historic resources in the more rural areas of the Township while permitting residential development in the form of small, compact neighborhoods of single-family detached homes in an open space setting. Specific objectives are as follows:

(a) Preserve and protect open space and historic resources, including areas containing attractive and/or environmentally significant natural features, such as woodlands, steep slopes, streams, floodplains, and wetlands, by setting them aside from development.

(b) Locate and design residential neighborhoods to preserve scenic views and elements of rural character, allow direct access to open space, provide privacy and neighborhood identity, and reduce the perceived intensity of development by minimizing views of new development from existing roads.

(c) Provide greater design flexibility and efficiency in the siting of services and infrastructure by reducing the length of roads, utility runs, and the amount of paving required for residential development.

(d) Create new woodlands through natural succession and reforestation where appropriate; encourage the preservation and improvement of habitat for various forms of wildlife; and reduce erosion and sedimentation by retaining existing vegetation and minimizing development on steep slopes.

(e) Implement the objectives of the Township's Comprehensive Plan and Park and Recreation Plan by providing open space for active or passive recreation for use by residents of these developments.

(2) Eligibility criteria. Subdivisions may be developed under the OSR Use in the R-1 and R-2 Districts only, when authorized by the Board of Supervisors as a conditional use. Land within these districts must meet the following eligibility requirements, as well as the conditional use application procedures outlined in this chapter.

(a) Minimum net tract area: 10 acres.

(b) Minimum required open space: 50% of the site shall be suitable for open space and shall be permanently set aside as open space.

(c) Sewer and water. Public sanitary sewers and public water shall serve the site or other centralized facilities, acceptable to the Board of Supervisors, shall be used, subject to the approval of the DEP and the Montgomery County Health Department.

(d) Ownership. The site to be developed shall be in single ownership or shall be the subject of an application filed jointly by all owners of all tracts, who shall stipulate that all tracts will be developed in accordance with a unified, approved plan.

(e) Dwelling type. Single-family detached houses only.

(3) Site plan requirements. The initial application shall include a site plan meeting the requirements of Chapter 123, Subdivision and Development of Land, for preliminary plans. The required site plan shall also demonstrate compliance with the provisions and intent of this use, other applicable standards of this chapter, as well as with the open space residential design standards in Chapter 123, Subdivision and Development of Land. The site plan shall also include the following:

(a) Developable area plan. A developable area plan shall identify those parts of the site that are developable and those that are not and it shall be used as the basis for determining the maximum numbers of lots or dwelling units permitted in compliance with the standards set forth within this use definition. Once the developable area is determined, a yield plan must be drawn under the standards found in Subsection G(4) below. The developable area plan shall delineate and identify the following features of the site which shall not be included in the developable area, drawn to preliminary plan accuracy, and shall also label the acreage of each identified feature.

[1] Floodplains and floodplain boundaries (per elevation survey or otherwise in accordance with the floodplain regulations set forth in this chapter).

[2] Jurisdictional wetlands and wetland boundaries (determined by a qualified expert).

[3] Water bodies.

[4] Steep slopes, which are to be regulated in accordance with Steep Slope Conservation District of this chapter.

[5] Legal rights-of-way of streets within or bordering the site.

[6] Portions of the site that are or were used for other purposes that render those areas not developable (e.g., quarries, existing development that will remain on the property).

(b) Identification of scenic views onto the tract from surrounding roads and public areas, as well as views of scenic features from within the tract. Scenic views and roads are identified in the 1995 Lower Providence Open Space Preservation Plan.

(c) Brief descriptions of the historic character of buildings and structures, if applicable.

(d) All residential lots shall be grouped and designed according to the open space residential design provisions of Chapter 123, Subdivision and Development of Land, of the Township Code.

(4) Site capacity and bonus provision for OSR development. The number of lots permitted under the OSR Development Use shall be equal the number of residential lots permitted under the yield plan, as well as any possible use of bonus provisions.

(a) A yield plan, showing the maximum number of lots that could be developed in accordance with the underlying zoning district(s), shall be prepared for the site proposed for subdivision. This yield plan shall be drawn on a copy of the developable area plan and shall be equivalent to a preliminary plan submitted under Chapter 123, Subdivision and Development of Land, of the Township Code for regular subdivision approval; shall meet all requirements of the underlying zoning district(s), the net lot area calculation, and all other applicable standards of Chapter 123, Subdivision and Development of Land, and this chapter; and must be deemed acceptable to the Lower Providence Township Board of Supervisors, in consultation with the Township Engineer.

[1] The number of residential lots permitted under the yield plan shall be multiplied by 1.2 and rounded up to the next whole number for all sites between 10 acres and 19.99 acres in order to determine the number of lots permitted under this use.

[2] If the site size is 20 acres or over, the number of residential lots permitted under the yield plan shall be multiplied by 1.1 and rounded up to the next whole number in order to determine the number of lots permitted under this use.

[3] The original number of residential lots permitted under the yield plan may be multiplied by 1.2 and rounded up to the next whole number if an applicant should provide significant assistance to Lower Providence Township for regional transportation improvements listed in the Act 209 Transportation Study of Lower Providence Township. Such assistance will be above and beyond that which is currently required by the Township Transportation Impact Fee Ordinance.

[4] When a site has both the R-1 and R-2 Districts as underlying zoning designations according to the Zoning Map of the Township, the yield plan must be designed to the requirements of the underlying zoning for each zone. The yield shall be the cumulative total yield as determined for each of the underlying districts.

[5] Compliance with the standards of these cluster subdivision provisions does not guarantee that the maximum number of dwelling units will be achievable in all cases. The applicant's ability to develop the maximum number may be reduced as a result of the applicant's choices of dwelling styles, building and/or lot sizes, natural constraints of the development site, or other factors.

(5) OSR dimensional standards. Dimensional standards for single-family detached dwellings shall be as follows:

	R-1 District	R-2 District
Minimum tract size (gross acres)	10 acres	10 acres
Minimum common open space	50%	50%
Minimum net lot size	15,000 square feet	10,000 square feet
Minimum lot width	90 feet	75 feet
Minimum front yard	25 feet	25 feet
Minimum side yard - each side	15 feet	15 feet
Minimum rear yard	40 feet	40 feet
Maximum building coverage (percent of lot area)	20%	25%
Maximum impervious surface coverage (percent of lot area)	35%	40%
Maximum building height	35 feet	35 feet

(6) Open space residential design standards. All residential lots shall be grouped and designed according to the open space residential design provisions of Chapter 123, Subdivision and Development of Land, of the Township Code.

(7) Estate lots. An "estate lot" is a large, privately owned lot containing all or part of the open space required as a part of the OSR Use and an existing dwelling unit or structure of historic significance. The purpose of the estate lot is to provide surrounding residents with visual access to open space while keeping the land under private ownership and maintenance. Only a small portion of the estate lot may be developed; the remainder may be farmed or left in its natural state. Public access to estate lots is not required. Any proposed estate lot within an OSR development must adhere to the following standards:

(a) The proposed estate lot within the OSR site must contain a principal historic structure identified or determined as such by one or more of the following: the Township's Comprehensive Plan, the Township Board of Supervisors as a structure of local or regional significance and/or character, a listing on the National Register of Historic Places, or being built before 1940.

(b) Each estate lot shall be have a minimum lot size of two acres. Only a maximum of one acre of the estate lot may be developed. Such development shall only consist of a new dwelling unit, if one does not already exist upon the lot and/or accessory uses for the dwelling unit on the lot. The remainder of the estate lot must remain undeveloped in accordance with the open space standards set forth in Subsection G(8) below and may be used to meet the open space requirement of this use. This developable area must contain the historic structure.

(c) The historic structure on the estate lot must be preserved.

(d) If the historic structure on the estate lot is not a dwelling, the one-acre developable area of the estate lot that may be developed with a new single-family detached dwelling unit under the cluster standards for one additional lot and all related accessory buildings and structures, paved areas, lawns, and gardens, etc.

(e) A declaration of covenants, easements, conditions, and restrictions shall be place upon each estate lot requiring the preservation and future maintenance of the historic structure and open space areas and prohibiting the further subdivision of this lot.

(f) Any dwellings on estate lots shall not be counted toward the maximum density permitted on a site.

(g) New dwellings on estate lots shall be sited in accordance with the open space standards set forth in Subsection G(8) below. Specifically, dwellings shall not encroach on environmentally sensitive areas and should not infringe upon scenic views from exterior roads or from other housing units.

(h) Every estate lot must abut other open space within the development, if any.

(8) Open space standards. The portion of the site that is required to be set aside as open space shall meet the following standards:

(a) Permitted uses. The following uses are permitted in the open space areas:

[1] Conservation of open land in its natural state (including woodland, fallow field, or managed meadow).

[2] Passive recreation, including but not limited to trails, picnic areas, community gardens, and lawn areas.

[3] Active recreation, as may be approved by the Board of Supervisors.

[4] Municipal water and sewer facilities, if placed underground.

[5] New easements for drainage, access, utilities, and other public purposes.

[6] Stormwater management facilities for the proposed development or for a larger area in compliance with a watershed stormwater management plan (adopted in accordance with Act 167); provided, however, that such stormwater management facilities, in total, shall not occupy more than 1/3 of the required open space and are either underground or naturalized.

(b) Prohibited activities. The following activities are prohibited in open space areas:

[1] The use of motor vehicles, except within approved driveways and parking areas. Maintenance, law enforcement, and emergency vehicles are permitted, as needed.

[2] The cutting of healthy trees; regrading; topsoil removal; or altering, diverting, or modifying water courses or bodies, except in compliance with a land management plan that conforms with the customary standards of forestry, erosion control, and engineering, as determined by the Board of Supervisors.

(c) Location and design. Open space areas shall be located and designed in accordance with the following standards:

[1] Open space buffer. All open space areas shall meet the following additional setback requirements:

[a] From the ultimate rights-of-way of feeder or higher classification external roads: 100 feet.

[b] From all tract boundaries: 50 feet.

[c] From active recreation areas such as courts or playing fields: 50 feet. (Buffer only applies if active recreation facilities are dedicated to the Township as a public park.)

[2] Open space siting and design. All open space areas shall meet the following requirements:

[a] All open space areas along roads shall be landscaped according to the OSR standards of Chapter 123, Subdivision and Development of Land, in order to preserve scenic views and integrate the neighborhood into the surrounding landscape unless, existing vegetation is present and deemed to be suitable by the Board of Supervisors.

[b] Comply conceptually with the recommendations of the Lower Providence Township Recreation Plan, where specified.

[c] Maximize common boundaries with open space areas on adjacent tracts.

[d] Provide safe and efficient pedestrian and maintenance access. If individual lots do not have direct access to common open space, then at least one centrally located access point per neighborhood shall be provided with a minimum width of 25 feet.

(d) Ownership and maintenance. Open space and appurtenant facilities shall be owned and maintained according to the following provisions:

[1] The open space and appurtenant facilities shall be owned by one or more of the following organizations, as approved by the Board of Supervisors:

[a] Fee-simple dedication to the Township, although the Township need not accept the offer of dedication.

[b] A condominium association.

[c] A homeowners' association.

[d] A private conservation organization.

[e] Private ownership with the recordation of restrictive covenants and easements to the benefit of the Township and/or the County.

[2] Unless otherwise agreed to by the Township, the cost and responsibility of maintaining open space and appurtenant facilities shall be borne by the owner of this property and/or facilities. If the facilities are not properly maintained by the owner, the Township may assume responsibility of maintenance and charge the owner a fee which covers maintenance costs, administrative costs, and penalties.

H. SINGLE-FAMILY, ATTACHED A freestanding residential building containing more than one dwelling unit which may or may not have common walls or floors and is constructed on one lot or adjacent lots; with each dwelling unit having direct entrance from the outside and having yard or private open space assigned for the exclusive use of the occupants of the dwelling unit located immediately adjacent to the unit. Duplexes, multiplexes, townhouses, and twins are all types of single-family attached uses.

I. SINGLE-FAMILY, DETACHED A freestanding residential building containing only one dwelling unit constructed on one lot and having yard area on all sides of the dwelling unit. Mobile, manufactured, and modular homes can be constructed/erected/installed on a lot as a single-family detached dwelling so long as all of the applicable regulations for such a dwelling are met.

J. TOWNHOUSE Three or more dwelling units on one lot or adjacent lots, attached side by side so that each unit has one or two common walls and at least two exterior walls, and with yard area or private open space on at least two sides of each dwelling unit and on three sides of the end units of each building. Each unit shall have its own, separate outside entrance. No side yard setback is required from the common property boundary between individual dwelling units within the same building.

K. TWIN Two dwelling units on two adjacent lots, attached side by side, having one common wall, with yard area on at least three sides of each dwelling unit and on all sides of the building containing the two dwelling units. No side yard setback is required from the common property boundary between individual dwelling units within the same building.

UTILITY AND GOVERNMENTAL USE

The following are specific types of utility and governmental uses:

A. AIRPORT An area of land or water which is designated, used or intended to be used for the landing and takeoff of motorized aircraft weighing more than 250 pounds each, and any related aircraft support facilities such as for maintenance, refueling, and parking. This use is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pick up seriously injured or ill persons. There are two types of airports:

(1) PRIVATE AIRPORT An airport limited to a maximum total of 15 flights and/or take-offs in any seven-day period and that is not available for use by the general public.

(2) PUBLIC AIRPORT An airport that does not meet the definition of a "private airport."

B. BUS PASSENGER STATION A location providing public access for the boarding or deboarding of passengers on an interstate multipassenger bus or similar vehicle. Also includes ticketing, fueling, maintenance, and parking facilities; and accessory restaurant and bar uses.

C. ELECTRIC GENERATION The production of electricity for distribution within a plant which has received all required state approvals.

D. ELECTRIC SUBSTATION An assemblage of equipment for transforming electric power rather than for its generation or utilization.

E. EMERGENCY SERVICES STATION A building for the housing of fire, emergency medical, and/or police equipment and for related activities. A private recreation use may be included as an accessory use, if it is a permitted use in that zoning district. This use may include temporary housing for emergency personnel while on-call.

F. GOVERNMENTAL OFFICE Offices housing municipal, state, or federal governmental entities, or the office of an elected governmental official.

G. HELIPORT An area of land or water or a surface of a building which is specifically designated, used, or intended to be used for the landing and takeoff of helicopters, and any related aircraft support facilities such as for maintenance, refueling, and parking. This use is not intended to regulate the nonroutine emergency landing and takeoff of aircraft to pick up seriously injured or ill persons. There are two types of heliports:

(1) PRIVATE HELIPORT A heliport limited to a maximum total of 10 flights or takeoffs in any seven-day period and that is not available for use by the general public.

(2) PUBLIC HELIPORT A heliport that does not meet the definition of a "private heliport."

H. MUNICIPAL USE Municipal uses and buildings owned and/or operated by Lower Providence Township, including, but not limited to, administration buildings, police stations, recreational uses and buildings, libraries, water supply facilities, municipal communications facilities, wastewater facilities, road maintenance and equipment facilities, temporary and permanent municipal uses, community centers, community events, and other municipal structures.

I. PUBLIC UTILITY A company regulated by the Pennsylvania Public Utility Commission. Cellular communications companies and other companies not defined as a public utility by the Pennsylvania Public Utility Commission shall not be considered a public utility.

J. RAILWAY PASSENGER STATION A location providing public access for the boarding or deboarding of passengers on a commuter or interstate passenger train or similar vehicle that operates upon rails. Also includes ticketing facilities and accessory restaurant and bar uses.