Township of Upper Providence

ACCESSORY BUILDING

A subordinate building, the use of which is customarily incidental to that of the principal building and is used for an accessory use and is located on the same lot.

ACCESSORY EQUIPMENT

Any equipment serving or being used in conjunction with a wireless communications facility or wireless support structure. The term "accessory equipment" includes but is not limited to utility or transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures.

ACCESSORY USE or ACCESSORY

A use clearly incidental to and customarily found in connection with a particular principal use and conducted on the same lot as a principal use to which it is related and located, either within the same structure or in an accessory structure or as an accessory use of land, except that off-street parking need not be located on the same lot.

ACTUAL START OF CONSTRUCTION

Means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on the premises by the use of motion-picture devices or any other coin-operated means and other periodicals, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material or similar establishment to which access is limited to persons 18 years of age or older.

ADULT ENTERTAINMENT CABARET

A public or private establishment which is licensed to serve food and/or alcoholic beverages and which features topless dancers, strippers, male or female impersonators or similar entertainers or a similar establishment to which access is limited to persons 18 years of age or older.

ADULT MOTION-PICTURE THEATER

An enclosed building used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein or a similar establishment to which access is limited to persons 18 years of age or older.

ADULT USE

A use composed of an adult bookstore, adult motion-picture theater or adult entertainment cabaret.

ADVERTISING SIGN

See "sign and billboard."
SIGN
Any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national, state or local governmental flags.
A. A structure erected on supports or suspended or projecting from a building, including a banner or flag.
B. The fastening of a board or other prepainted material having prepainted or printed thereon letters, words or insignia.
C. The erecting or superimposing of separate cutout letters on the walls of a building or the placing of said letters on a plane surface which projects from the wall of the building.

SIGN, ADVERTISING
A sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located. The words "advertising sign" include the word "billboard." Neither directional, warning nor other signs posted by public officials in the course of their public duties shall be construed as "advertising signs."

BILLBOARD
A sign other than one indicating a business conducted on the premises and upon which advertising matter of any character is printed, posted or lettered by any means and which is designed for such purposes.

AGE-TARGETED DEVELOPMENT

Dwelling units designed to maximize the unit's attractiveness to older adults, through the unit floor plan, unit amenities, location of the master bedroom on the first living level, the number of bedrooms proposed in the units, the type of common open space provided, and the common area maintenance program proposed. Further, the site plan shall be designed to encourage active adult living, through the provision of walking trails and other amenities suitable for such households.

AGRICULTURAL OPERATION

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

AGRICULTURE

The cultivation of the soil and the raising and harvesting of the products of the soil, including nursery, horticulture and forestry.

ALLEY

A minor way which may or may not be legally dedicated and is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

ALTERATIONS

Include but are not limited to the following:

A. All incidental changes or replacements in the nonstructural parts of a building or other structures.
B. Minor changes or replacements in the structural parts of a building or other structure, limited to the following examples and others of similar character or extent:
(1) Alteration of interior partitions to improve livability in nonconforming residential buildings, provided that no additional dwelling units are created thereby.
(2) Alteration of interior partitions in all other types of buildings or other structures.
(3) Making windows or doors in exterior walls.
(4) Strengthening the load-bearing capacity in not more than 10% of the total floor area to permit the accommodation of a specialized unit of machinery or equipment.

ANTENNA

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

APARTMENT

See "dwelling, multiple."
MULTIFAMILY DWELLING
A detached building occupied by three or more families, each living independently of the other. "Multifamily dwelling" includes, but is not limited to, a garden apartment, which is a multifamily dwelling 35 feet or less in height. Any reference throughout this chapter to "garden apartment" shall be construed to mean "multifamily dwelling."

AREA OF BUILDING

See "lot coverage."
LOT COVERAGE (BUILDING COVERAGE)
The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches and breezeways, but excluding projecting eaves, gutters, awnings, steps and unenclosed patios.

ASSISTED LIVING RESIDENCE

A facility licensed by the Commonwealth of Pennsylvania, in which some or all of the following activities of daily living are provided, such as food, shelter and personal assistance or supervision, and care for the persons who require assistance or supervision in matters such as dressing, bathing, diet, or medication prescribed for self-administration, but do not require hospitalization or care in a skilled nursing facility.

AUTOMOBILE LAUNDRY or CAR-WASHING FACILITY

A structure used for the purposes of cleaning or reconditioning the exterior and interior surfaces of automotive vehicles, but not including an incidental one-bay washing facility in a gasoline service station where washing facilities are purely incidental to the operation of said service station. A self-operated vehicular laundering facility not requiring attendants or employees, regardless of capacity, is also considered to be an "automobile laundry."

AUTOMOTIVE AND/OR TRAILER SALES AREA

An open area, other than a public or private street or way, used for the display or sale of new and used automobiles, trailers, trucks or farm equipment and where no repair work is done except that which is minor and incidental, not including body and fender work.

AUTOMOTIVE GARAGE

Any premises used principally for the commercial repair of vehicles, but not including automotive wrecking.

AUTOMOTIVE SALES BUILDING

A building used for the sale of, hire of or remuneration from automotive equipment. This shall be interpreted to include auto accessory sales rooms but not the sale of junked automotive equipment.

BASE FLOOD

A flood which has a one-percent chance of being equaled or exceeded in any given year (also called the "one-hundred-year flood" or "one-percent annual chance flood").

BASE FLOOD DISCHARGE

The volume of water resulting from a base flood as it passes a given location within a given time, usually expressed in cubic feet per second (cfs).

BASE FLOOD ELEVATION (BFE)

The elevation shown on the Flood Insurance Rate Map (FIRM) for Zones AE, AH, A1-30 that indicates the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

BASEMENT

That portion of a building that is partly or completely below the grade plane. A basement shall be considered as a story above the grade plane where the finished surface of the floor above the basement is:

A. More than six feet above the grade plane;
B. More than six feet above the finished ground level for more than 50% of the total building perimeter; or
C. More than 12 feet above the finished ground level at any point.

BED-AND-BREAKFAST

A single-family residential building occupied by a resident innkeeper, containing up to eight rooms for the temporary lodging of guests for compensation and providing such lodging services to the guests as maid service and serving meals only, to guests during their stay.

BERM

A linear mound or bank of earth, used especially as a barrier or to provide insulation.

BILLBOARD

A sign other than one indicating a business conducted on the premises and upon which advertising matter of any character is printed, posted or lettered by any means and which is designed for such purposes.

BLOCK

A tract of land bounded by:

A. Streets.
B. A public park.
C. A railroad right-of-way, excluding siding and spurs.
D. Township boundary lines.

BUFFER

An area designed and functioning to separate the elements and uses of land which abut it and to ease the transition between them. Unless otherwise specified, "buffers" may be included as part of the required setbacks and yard areas. "Buffers" are divided into three types:
A. BUFFER SCREEN
A buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to effectively block the view from one side to another during all seasons of the year and to reduce the transmittal of noise and odors between the sides.
B. BUFFER SOFTENING
A buffer comprised of natural and/or man-made material arranged in a certain specified depth, height and density to ease and soften, but not essentially block, the view from one side to another and to reduce the transmittal of noise and odors between the sides.
C. BUFFER, OPEN
A buffer normally comprised of grass, ground cover and/or possibly other landscaping material having a specified depth, but not necessarily having significant vertical components to achieve a certain height or density, the purpose of which is to achieve adequate spacing and attractive landscaping between two or more actively used areas.

BUILDING

A structure or appendage to a structure which is permanently affixed to the land, has one or more floors or stories and is bounded by either lot lines or yards. A "building" shall not include such structures as billboards, fences or other structures with interior surfaces not normally accessible to human use such as gas tanks, grain elevators, coal bunkers or similar structures. A "building" may accommodate more than one family and have more than one dwelling unit and may be used for residential, commercial, industrial, public or semipublic purposes.

BUILDING COVERAGE

The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches and breezeways, but excluding projecting eaves, gutters, awnings, steps, unenclosed porches and structured parking garages.

BUILDING FRONTAGE

For the purposes of calculating the allowable total sign area, the building frontage is defined as follows:

A. The linear footage of a building face which serves as the principal approach to a building and which building face or wall front upon a public street, a shopping center driveway, parking area or pedestrian mall or walkway. Building face shall include all wall faces that are approximately parallel to each other and that face a public street, shopping center driveway, parking area, pedestrian mall or walkway.
B. For corner lots, or buildings contained within a shopping center, such footage may be calculated separately for the principal approach and one adjacent face if such face also fronts on a public street or a shopping center driveway, public parking area, pedestrian mall or public walkway. The sign area calculated for each frontage shall be erected on that frontage only and shall not be increased by the sign area calculated for another frontage.

BUILDING SETBACK LINE

A line within a property defining the required distance between the face of any structure to be erected and the adjacent street (ultimate right-of-way) line. This line as measured to the major portion of the structure includes sun parlors, foyers, bay windows, porches, projecting eaves, dormers, gutters, steps and any other solid entrances.

CAPPED SEWERS

Sewage facilities which are in all respects consistent with the requirements for public sewer mains and laterals, but which are not connected to sewage treatment facilities.

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with the "cemetery" and within the boundaries.

CHURCH

A building used for public worship by a congregation, excluding buildings used exclusively for residential, education, burial, recreational or other uses not normally associated with worship.

CLINIC

Ambulatory health care facility, generally including a number of medical, dental, and/or mental health specialties, in which examinations, diagnostic and preventive health services, and treatment are provided for patients on an outpatient basis, generally on a walk-in or first-come, first-served basis; a clinic is characterized by centralized facilities and services, including patient records storage/management, waiting areas, and laboratory and other diagnostic and testing facilities. It is typically managed by a single institution or corporation and is distinguished from a medical office building wherein individual offices or suites are leased or sold to a health care provider or group of same and wherein the health care provider(s) in one office or suite does not necessarily have any corporate, managerial or similar relationship to the health care provider(s) occupying other offices or suites in the building.

CLUSTER DEVELOPMENT

A development pattern wherein structures are arranged in closely related groups, reducing lot sizes and preserving land for open space.

COLLOCATION

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

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination of land and water within a development site intended and designed for the use or enjoyment of residents of the development, not including streets, off-street parking areas and areas set aside for public facilities. Common open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for the recreation of residents.

COMMON PARKING

Any parking area used by three or more dwelling units and having space for six or more motor vehicles.

COMMUNITY RESIDENTIAL PROGRAM

An establishment, sometimes referred to as a "community living arrangement" or a "group home," licensed by the Commonwealth of Pennsylvania, that provides a home for not more than six handicapped individuals, excluding staff who do not reside on the property, who live and cook together as a single housekeeping unit. This definition shall not include a facility housing persons released from or under the jurisdiction of a government bureau of corrections or similar institution. "Handicapped" means, with respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities; a record of having such an impairment; or being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802).

COMMUNITY SHOPPING CENTER

A shopping center providing for the sale of a variety of goods and service and general merchandise for several neighborhoods.

CONDOMINIUM

An estate in real property consisting of an undivided interest in a portion of a parcel, together with a separate interest in a space within a structure. This form of ownership may be applied in residential, professional office, industrial and commercial land uses.

CONSTRUCTION

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

CONVENIENCE COMMERCIAL CENTER

A minor commercial facility generally containing no more than five units and occupying no more than three acres, designed to serve everyday needs of residents in its immediate vicinity and whose commercial goods and hours of operation encourage short stops for specific items rather than extensive shopping trips. Its primary component is a drugstore or a small food and household goods store but not a supermarket, and the center may contain a few other establishments as well, such as a beauty shop, laundry and dry-cleaning establishment or similar facilities.

CONVERSION

The remodeling or alteration of a structure so as to accommodate the provision of more dwelling units than were originally intended. "Conversions" include the alteration of a nonresidential structure into a dwelling unit for at least one family, the modification of a single-family structure so as to accommodate two or more dwelling units and the alteration of a multifamily structure so as to accommodate more units than originally intended.

COVERAGE

See "lot coverage."
LOT COVERAGE (BUILDING COVERAGE)
The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches and breezeways, but excluding projecting eaves, gutters, awnings, steps and unenclosed patios.

DAY-CARE CENTER

Any facility that provides care for individuals on a less than sixteen-hour-per-day basis. All day-care centers shall meet all applicable design, site, and area standards as set forth by the Pennsylvania Department of Welfare or Department of Aging, whichever agency is applicable to the proposed use. The definition includes child day care and adult day care. Child day care is further defined as for seven or more children under the age of six years of age, excluding care from relatives and care provided by places of worship during religious services; provided, however, that before-and after-school care may be provided for children up to the age of 16. Adult day care is further defined as those facilities in which care is provided for a senior citizen through a structured, community-based program which provides health, social, and other related support services.

DENSITY

The number of units (persons, families or dwellings) per acre or square mile.

DETACHED DWELLING

A dwelling which has yard areas on all four sides.

DEVELOPABLE ACREAGE

That portion of a tract excluding land within existing rights-of-way of public roads and utility lines, all floodplain as defined herein and all naturally-occurring steep slopes in excess of 15% as defined in Article XVIII: SS Steep Slope Conservation District of this chapter. This definition shall be used in calculating the maximum number of dwelling units permitted in certain residential districts where so specified.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

DEVELOPMENT RIGHTS

The rights of the owner of a parcel of land, under applicable zoning regulations, to configure that parcel and the structures thereon to a particular intensity of use.

DRIVEWAY

A private drive providing for vehicular and pedestrian access between a public street and a parking area, or which is located entirely within a single lot, or within the boundaries of multiple lots that are developed under single direction with multifamily and/or nonresidential uses.

DUPLEX (or TWO-FAMILY DETACHED DWELLING)

A building designed for and occupied by two families, one living above the other, having a common partition between them and having no party wall in common with an adjoining building.

DWELLING TYPES

When described in the pertinent Articles herein, the various dwelling types are intended to have the following meanings:
A. Single-family.

(1) SINGLE-FAMILY DETACHED DWELLING (or SINGLE-FAMILY DWELLING)
A building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjoining building.
(2) SINGLE-FAMILY ATTACHED DWELLING
A building designed for and occupied exclusively as the residence for one family, attached to another similar unit(s) by means of one or more vertical party walls. Examples of "single-family attached dwellings" include, but are not limited to, townhouse and quadraplex units. Any reference to "townhouse" throughout this chapter shall be construed to mean "single-family attached dwelling."

B. Two-family.

(1) DUPLEX (or TWO-FAMILY DETACHED DWELLING)
A building designed for and occupied by two families, one living above the other, having a common partition between them and having no party wall in common with an adjoining building.
(2) SEMIDETACHED HOUSE (TWIN)
A house surrounded on three sides by yard area and to be constructed so that one wall is on a side lot line and abuts the neighboring house.

C. Multifamily.

(1) MULTIFAMILY DWELLING
A detached building occupied by three or more families, each living independently of the other. "Multifamily dwelling" includes, but is not limited to, a garden apartment, which is a multifamily dwelling 35 feet or less in height. Any reference throughout this chapter to "garden apartment" shall be construed to mean "multifamily dwelling."

DWELLING UNIT

One or more rooms for living purposes, together with separate cooking and sanitary facilities, accessible from the outdoors either directly or through an entrance hall shared with other dwelling units and used for or intended to be used by one or more persons living together and maintaining a common household.

EASEMENT

The legal right or privilege of a person, persons or entity to use the land of another person, persons or entity for a special purpose consistent with the rights of the underlying property owner.

EASEMENT, PUBLIC

An easement inuring to the benefit of Upper Providence Township, the Upper Providence Township Municipal Authority, the County of Montgomery, the Commonwealth of Pennsylvania, the United States of America, any departments, agencies, instrumentalities and authorities created thereby, and public utilities such as, but not limited to, sanitary sewer, public water, cable, gas, electric, telephone.

EMERGENCY

A condition that (1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or (2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

ENLARGEMENT

An addition to the floor area of an existing building, an increase in size of another structure or an increase in that portion of a tract of land occupied by an existing use.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of an underground or overhead gas, electrical, steam or water transmission or distribution system or a collection, communication, supply or disposal system.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

FAMILY

A single person occupying a dwelling unit and maintaining a household or two or more persons related by blood or marriage or adoption occupying a dwelling unit, living together and maintaining a common household, including not more than three unrelated persons occupying a common household. The term "family" shall include a community residential program for not more than three unrelated individuals.

FARM

A tract or piece of land containing not less than five contiguous acres upon which are maintained, grown and produced for sale or use domestic livestock, dairy products, poultry, eggs, fruit and vegetables and such.

FCC

Federal Communications Commission

FLOOD

A temporary inundation of normally dry land areas.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

FLOODPLAIN

Refer to Article III: Floodplain Conservation District.

FLOODPLAIN AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface waters from any source.

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

FLOOR AREA

The sum of the gross livable area of the several floors of a building or buildings measured from the face of exterior walls or from center lines of walls separating two buildings. In particular, "floor area" includes but is not limited to the following:
A. Basement space, if it meets the requirements of a building story.
B. Elevator shafts, stairwells and attic space, whether or not a floor has been laid, providing structural headroom of eight feet or more.
C. Roofed terraces, exterior balconies, breezeways or porches, provided that over 50% of the perimeter of these is enclosed.
D. Any other floor space used for dwelling purposes, no matter where located within a building.
E. Accessory buildings, excluding space used for accessory off-street parking or used for loading berths.
F. Any other floor space not specifically excluded, excluding space used for air-conditioning machinery or cooling towers and similar mechanical equipment serving the building and cellar space.

FREEBOARD

A factor of safety of three feet above flood level for purposes of floodplain management.

GARAGE

A. PRIVATE

An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. No more than one commercial vehicles or truck may be stored in a private garage.
B. PUBLIC
A building other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
C. STORAGE
A building, not a private 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.

GASOLINE SERVICE STATION

An area of land, together with any structure thereon, used for:
A. The retail sale of motor fuel and lubricants and incidental services, such as lubrication and handwashing of motor vehicles; and
B. The sale, installation or minor repair of tires, batteries or other automobile accessories.

GRADE PLANE

A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line, or where the lot line is more than six feet from the building, between the building and a point six feet from the building.

GROSS LEASABLE AREA

The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, expressed in square feet and measured from the center line of partitions and from outside wall faces; not including public or common areas, such as public toilets, corridors, stairwells, elevator, lobbies or enclosed mall spaces.

HANDICAPPED

With respect to a person, a physical or mental impairment which substantially limits one or more of such person's major life activities; a record of having such an impairment; or being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. § 802).

HEIGHT OF BUILDING

The vertical distance measured from the grade plane to the average height of the roof surface, provided that chimneys, spires, towers, mechanical penthouses, tanks, water towers and radio antenna and similar structures not intended for human occupancy, whether attached to a building or freestanding, shall not be included in calculating the height. If there are two or more separate roofs on a single building, the height of such building shall be calculated based upon the highest roof. For the purpose of calculating height of building, the average height of a roof is the mid-height between the roof eaves and the roof ridge. Parapet walls are not considered in measuring the height of building. In the case where a basement would contribute to the building height based upon its relationship to the grade plane, and it is used primarily for off-street parking, or a first floor used similarly, in either case with no space intended for human occupancy, the building height shall be measured from the finished floor elevation of the story immediately above said basement or first floor; provided, however, that this provision is not applicable to any form of single-family or two-family dwelling types as defined in this chapter. In calculating the height of a building, the minimum building elevation required to satisfy § 182-28.3 of the floodplain ordinance, regarding elevation to the regulatory flood elevation (base flood elevation plus freeboard), shall be excluded from the calculation.

HEIGHT OF SIGN

The vertical distance measured from ground level to the highest point on the sign or its supporting structure.

HELIPORT

An area to accommodate all phases of operation of rotor-wing aircraft (helicopters), with suitable space to allow the development of service facilities as desired.

HELISTOP

An area on a roof or on the ground to accommodate touchdown and liftoff of rotor-wing aircraft (helicopters) for the purpose of picking up and discharging passengers or cargo, with no service facilities. The heliport-helistop relationship is comparable to a bus terminal-bus stop relationship with respect to the extent of services provided or expected.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

HIGHWAY ACCESS POINT

The point at which vehicular ground level to the highest point on the sign, or its supporting structure.

HISTORIC STRUCTURE

Any structure that is:
A. Listed individually in the National Register of Historic Places or preliminarily determined by the Pennsylvania Historical and Museum Commission (PHMC) as meeting the criteria for individual listing on the National Register;
B. Certified or preliminarily determined by the Pennsylvania Historical and Museum Commission (PHMC) as contributing to the historic significance of a National Register historic district or a district preliminarily determined by the PHMC to be eligible for listing in the National Register; or
C. Designated as historic by a municipal ordinance either individually or as part of a local historic district.

HOME BASED BUSINESSES

Two types of businesses accessory to a residential use are recognized in this chapter and are defined as follows:
A. HOME OCCUPATION

A use which:

(1) Is clearly incidental or secondary to the residential use of the dwelling unit; or
(2) Is customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling units, except that in conjunction with the practice of a profession, one person not residing in such dwelling unit may be employed; and
(3) Occupies not more than 25% of the total floor area of such dwelling unit or 500 square feet, whichever is less.
(4) Does not include the following operations:

(a) Selling articles produced elsewhere than on the premises.
(b) Having exterior displays of goods visible from the outside.
(c) Storing materials or products outside a principal or accessory building or other structure.
(d) Making external alterations which are not customary in residential buildings.

(5) Does not constitute a no-impact home-based business as defined herein.

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

HOME OCCUPATION

A use which:

(1) Is clearly incidental or secondary to the residential use of the dwelling unit; or
(2) Is customarily carried on within a dwelling unit or accessory building by one or more occupants of such dwelling units, except that in conjunction with the practice of a profession, one person not residing in such dwelling unit may be employed; and
(3) Occupies not more than 25% of the total floor area of such dwelling unit or 500 square feet, whichever is less.
(4) Does not include the following operations:

(a) Selling articles produced elsewhere than on the premises.
(b) Having exterior displays of goods visible from the outside.
(c) Storing materials or products outside a principal or accessory building or other structure.
(d) Making external alterations which are not customary in residential buildings.

(5) Does not constitute a no-impact home-based business as defined herein.

HOTEL

A building having six or more rental rooms or suites for transient guests, which rooms are entered exclusively from an interior lobby or corridor from a common entrance.

HOUSE TRAILER

See "manufactured home
MANUFACTURED HOME
A single-family detached dwelling unit intended for permanent occupancy which meets 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, including any roofed additions such as extra rooms, covered patios, porches, etc. The term includes park trailers, travel trailers, recreational and similar vehicles which are placed on a site for more than 180 days. Any reference throughout this chapter to "mobile home" shall be construed to mean "manufactured home."

IDENTIFIED FLOODPLAIN AREA

An umbrella term that includes all of the areas within which the community has selected to enforce floodplain regulations. It will always include the area identified as the special flood hazard area on the Flood Insurance Rate Maps and Flood Insurance Study, but may include additional areas identified by the community.

IMPERVIOUS COVERAGE

The aggregate of the maximum horizontal cross-section areas of all impervious surfaces on a lot.

IMPERVIOUS SURFACE

A surface that prevents the infiltration of water into the ground. Impervious surface includes, but is not limited to, any roof, parking or driveway areas and any new streets and sidewalks. Any surface areas designed to initially be gravel or crushed stone shall be assumed to be impervious surfaces.

JUNKYARD

An area of land with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials including, but not limited to wastepaper, rags, metal, building materials, house furnishings, machinery or vehicles or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked or disabled vehicles or the major part thereof shall be deemed to constitute a "junkyard."

LABORATORY

A building or group of buildings in which are located the facilities for research, investigation, testing or experimentation.

LARGE LOTS

Shall be defined as those meeting the following dimensional criteria:

(a) Minimum lot width at the building line: 200 feet.
(b) Minimum front yard setback: 100 feet.

(c) Minimum lot area: 1.5 acres.

LOT

A tract or parcel of land held in single or separate ownership or leasehold, condominium or any other form of interest in land which is or may be occupied by a building, including the open spaces required under this chapter. Nonconforming lots of record, including those which are contiguous to each other, are regulated in § 182-177: Nonconforming lots of record of this chapter.

LOT AREA

The area contained within the property lines of the individual parcels of land, excluding any area within any ultimate right-of-way and any area within driveway entrance strips leading to rear lots, but including the area of any easement.

LOT AVERAGING

A development pattern wherein structures are arranged on a variety of larger and smaller lots, provided that they do not yield a greater number of lots than permitted under the normal zoning district requirements, and which may or may not lead to the preservation of land for open space.

LOT COVERAGE (BUILDING COVERAGE)

The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches and breezeways, but excluding projecting eaves, gutters, awnings, steps, unenclosed porches and structured parking garages.

LOT LINE, FRONT

The line identical with the street line (ultimate right-of-way line).

LOT LINE, REAR

Any lot line, except a front lot line, which is parallel to or within 45° of being parallel to and does not intersect any street line. In the case of a corner lot, the owner or developer may make a different designation. See the definition of "lot, corner" for requirements.
LOT, CORNER
A lot bounded on at least two sides by streets, whenever the lines of such streets, extended, form an interior angle of 135° or less.

LOT LINE, SIDE

Any lot line which is not a front lot line or a rear lot line. In the case of a corner lot, the owner or developer may make a different designation. See the definition of "lot, corner" for requirements.
LOT, CORNER
A lot bounded on at least two sides by streets, whenever the lines of such streets, extended, form an interior angle of 135° or less.

LOT WIDTH

The horizontal distance between side lot lines, measured at right angles to the lot depth.

LOT, CORNER

A lot bounded on at least two sides by streets, whenever the lines of such streets, extended, form an interior angle of 135° or less.

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement).

LOWEST FLOOR

The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant, partially enclosed area, used solely for the parking of vehicles, building access, and incidental storage, in an area other than a basement area is not considered the lowest floor of a building, provided that such storage space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

MANUFACTURED HOME

A single-family detached dwelling unit intended for permanent occupancy which meets 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, including any roofed additions such as extra rooms, covered patios, porches, etc. The term includes park trailers, travel trailers, recreational and similar vehicles which are placed on a site for more than 180 days. Any reference throughout this chapter to "mobile home" shall be construed to mean "manufactured home."

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET AREA

The expected service or trade area of a given type and size of commercial use or group of uses, determined by the number of households, income levels and existing retail outlets within a given geographical area.

MEDICAL OFFICE

A facility for the examination and treatment of ill and afflicted human outpatients; provided, however, that patients are not kept overnight except under emergency conditions, and includes doctors' and dental offices and clinics.

MICRO WIRELESS FACILITY

A small wireless communications facility that:

A. Does not exceed two cubic feet in volume; and
B. Has an exterior antenna no longer than 11 inches.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of part of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MOBILE HOME DEVELOPMENT

Any reference to "mobile home development" throughout this chapter shall be construed to mean "mobile home park."

MOBILE HOME LOT

A parcel of land in a mobile home development provided with the necessary utility connections, a patio and other appurtenances necessary for the erection thereon of a single mobile home and the exclusive use of its occupants, though it may instead be designed, developed and used for a modular or conventionally built single-family detached home rather than a mobile home.

MOBILE HOME PARK

A parcel of land under single ownership which has been planned and improved in compliance with the requirements of the Mobile Home Development District for the placement of mobile homes, conventionally built or modular single-family detached homes or combinations thereof, for nontransient use, and consisting of two or more mobile home lots and 15 acres or greater in size. Any reference to "mobile home development" throughout this chapter shall be construed to mean "mobile home park."

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless communications facilities or base stations on an existing wireless support structure or the improvement, upgrade, or expansion of the wireless communications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

MODULAR HOME

A single-family or multifamily dwelling intended for permanent occupancy, made by assembling one or more factory-produced three-dimensional sections into an integral living unit, whose construction materials and specifications conform to those of conventionally built units.

MOTEL-HOTEL

A building or a group of buildings having units containing sleeping accommodations which are available for temporary rental occupancy by transients and providing sufficient off-street parking facilities adjacent or convenient thereto.

MOTOR HOME

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

MULTIFAMILY DWELLING

A detached building occupied by three or more families, each living independently of the other. "Multifamily dwelling" includes, but is not limited to, a garden apartment, which is a multifamily dwelling 35 feet or less in height. Any reference throughout this chapter to "garden apartment" shall be construed to mean "multifamily dwelling."

MURAL

Artwork applied to the wall of a building, the primary purpose of which is the expression of noncommercial speech. Artwork that does not have the expression of noncommercial speech as its primary purpose is a sign and may not be painted or applied to the wall of a building.

MUSEUM

A place devoted to the procurement, care, study, and display of objects of lasting interest or value.

NEIGHBORHOOD SHOPPING CENTER

A shopping center providing for the sale of convenience foods (food, drugs and sundries), personal services such as laundry and dry-cleaning, hairstyling and shoe repair and for similar daily needs of an immediate neighborhood.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective start date of this floodplain management ordinance and includes any subsequent improvements to such structures. Any construction started after July 3, 1978, and before the effective start date of this floodplain management ordinance is subject to the ordinance in effect at the time the permit was issued, provided the start of construction was within 180 days of permit issuance.

NEW MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community.

NO-IMPACT HOME-BASED BUSINESSES

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

NONCONFORMING BUILDING OR STRUCTURE

Any lawful building or other structure which does not conform to one or more of the applicable area and bulk regulations of the district in which it is located, either on the effective date of this chapter or as a result of a subsequent amendment thereto.

NONCONFORMING LAND

Any lawful lot which does not conform to one or more of the applicable area regulations of the district in which it is located, either on the effective date of this chapter or as a result of a subsequent amendment thereto.

NONTOWER WIRELESS COMMUNICATIONS FACILITY (NONTOWER WCF)

Wireless communications facilities collocated on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

OFFICE PARK

A planned, integrated development of two or more buildings devoted primarily to office use and which may also include support retail and service uses and which contains an aggregate minimum gross floor area of 100,000 square feet of office space.

OFF-SITE SANITARY SEWAGE DISPOSAL

A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a temporary central treatment plant, generally serving only a neighborhood area.

OFF-SITE SANITARY SEWAGE DISPOSAL, PUBLIC

A sanitary sewage collection system, owned and operated by the Township or an instrumentality of the Township, in which sewage is carried from individual lots by a system of pipes to a permanent central treatment and disposal plant.

ONE-HUNDRED-YEAR FLOOD

A flood that has one chance in 100 or a one-percent chance of being equaled or exceeded in any one year; for the purposes of this chapter, the one-hundred-year flood (base flood) as defined by the Federal Emergency Management Agency (FEMA), in the Flood Insurance Study and Flood Insurance Rate Map (FIRM), Upper Providence Township. All references to the Flood Insurance Study in this chapter shall be construed to be to the most current version of said study. In addition, all references to the "Federal Insurance Administrator" or the "Federal Insurance Administration" shall be construed to be references to FEMA.

ON-SITE (SEPTIC TANK) SANITARY SEWAGE DISPOSAL

A covered watertight settling tank in which raw sewage is biochemically changed into solid, liquid and gaseous states to facilitate further treatment and final disposal on the site.

OPEN SPACES

Common greens, other recreation space or generally open areas available to the public or yards or other open areas provided in connection with residential developments which are intended for the sole use of the residents of such developments and their guests.

PARKING SPACE

An open, covered or enclosed area with an all-weather surface for the storage of one automobile, accessible from a public way and which must conform to the setback requirements of the district in which it is situated.

PERSON

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

PERSONAL CARE HOME

A facility licensed by the Commonwealth of Pennsylvania, in which some or all of the following activities of daily living are provided, such as food, shelter and personal assistance or supervision, and care for the persons who require assistance or supervision in matters such as dressing, bathing, diet, or medication prescribed for self-administration, but do not require hospitalization or care in a skilled nursing facility.

POST-FIRM STRUCTURE

Is a structure for which construction or substantial improvement occurred after December 31, 1974, or on or after the community's initial Flood Insurance Rate Map (FIRM) dated July 3, 1978, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

PRE-FIRM STRUCTURE

Is a structure for which construction or substantial improvement occurred on or before December 31, 1974, or before the community's initial Flood Insurance Rate Map (FIRM) dated July 3, 1978, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

PRIVATE GARAGE

An accessory building or a part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises. No more than one commercial vehicles or truck may be stored in a private garage.

PUBLIC GARAGE

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

PUBLIC RECREATION

Leisure-time activities, including but not limited to sports and entertainment, that are open to anyone without restriction except for rules and standards of conduct and use.

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.

PUBLIC WATER FACILITIES

A centralized water supply system approved by the appropriate governmental health agencies and certified by and operating under the jurisdiction of the Public Utility Commission.

RECEIVING DISTRICT

One or more districts in which the development rights of parcels in the sending district may be used.

RECREATIONAL VEHICLE

A vehicle which is built on a single chassis; not more than 400 square feet, measured at the largest horizontal projections; designed to be self-propelled or permanently towable by a light-duty truck; and not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

REDEVELOPMENT AREA

A census tract or group of census tracts eligible for the Montgomery County Revitalization Program and identified in an adopted municipal revitalization plan.

REGIONAL SHOPPING CENTER

A shopping center providing for the general merchandise, apparel, furniture and other major and minor items, serving several communities.

REGULATORY FLOOD ELEVATION

The base flood elevation (BFE) or estimated flood height as determined using simplified methods plus a freeboard safety factor of 1 1/2 feet.

REPETITIVE LOSS

Flood-related damages sustained by a structure on two separate occasions during a ten-year period for which the cost of repairs at the time of each flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.

REPLACEMENT

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

RESIDENTIAL CARE FACILITY

A facility consisting of individual residential living units exclusively for persons who are 62 years of age or older, and for married couples with one spouse or both spouses age 62 years or older. Such facility may provide personal care and health-care services, including resident nursing beds and nursing care for the living units.

SECTIONAL HOME

See "modular home."
MODULAR HOME
A single-family or multifamily dwelling intended for permanent occupancy, made by assembling one or more factory-produced three-dimensional sections into an integral living unit, whose construction materials and specifications conform to those of conventionally built units.

SEMIDETACHED HOUSE (TWIN)

A house surrounded on three sides by yard area and to be constructed so that one wall is on a side lot line and abuts the neighboring house.

SENDING DISTRICT

One or more districts in which the development rights of parcels in the district may be designated for use in one or more receiving districts.

SHOPPING CENTER

A group of commercial establishments built on a site planned, developed, owned and managed as an integrated entity with defined points of access, customer and employee parking provided on-site, provision for goods delivery separated from customer access, developed with unified aesthetic standards, and may include protection from the elements.
A. NEIGHBORHOOD SHOPPING CENTER
A shopping center providing for the sale of convenience foods (food, drugs and sundries), personal services such as laundry and dry-cleaning, hairstyling and shoe repair and for similar daily needs of an immediate neighborhood.
B. COMMUNITY SHOPPING CENTER
A shopping center providing for the sale of a variety of goods and service and general merchandise for several neighborhoods.
C. REGIONAL SHOPPING CENTER
A shopping center providing for the general merchandise, apparel, furniture and other major and minor items, serving several communities.

SIGN

Any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national, state or local governmental flags.

A. A structure erected on supports or suspended or projecting from a building, including a banner or flag.
B. The fastening of a board or other prepainted material having prepainted or printed thereon letters, words or insignia.
C. The erecting or superimposing of separate cutout letters on the walls of a building or the placing of said letters on a plane surface which projects from the wall of the building.

SIGN AREA

The area of the largest single face of the sign within a perimeter, which forms the outside shape, including any frame, and forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled. Sign area shall include all written copy and logos.

A. For double-faced signs or V-type signs, the interior angle of which does not exceed 45°, only one face shall be applicable in computing the sign area; and

B. For V-type signs, the interior angle of which exceeds 45°, both faces shall be applicable in computing the sign area.

SIGN HEIGHT LINE

A. The height at which the structural bearing wall or the structural bearing steel or concrete beams or the columns behind a nonbearing wall support the roof load.
B. In the case of a gable end wall or a building end wall which does not support a roof load, the sign height line shall be the height of a straight line which shall be drawn so as to connect the top of the structural bearing walls or structural beams or columns, where such walls, beams or columns support the roof load, of the two adjacent walls.

SIGN, ADVERTISING

A sign which offers services or goods produced or available somewhere other than on the lot on which the sign is located. The words "advertising sign" include the word "billboard." Neither directional, warning nor other signs posted by public officials in the course of their public duties shall be construed as "advertising signs."

SIGN, AWNING

A sign that is mounted or painted on, or attached to, an awning, canopy, or marquee that is otherwise permitted by ordinance.

SIGN, BUSINESS

A sign which offers services or goods available on the lot on which the sign is located.

SIGN, DIRECTIONAL

Signs limited to directional messages, principally for pedestrian or vehicular traffic, such as one-way, entrance and exit.

SIGN, GROUND

Any sign, other than a pole sign, placed upon or supported by the ground independent of any other structure.

SIGN, IDENTIFICATION

A sign for the purpose of identifying the occupant of a residence, the name of the property or the address of the property.

SIGN, INCIDENTAL

A sign erected off the public right-of-way for the convenience or safety of the public while on the subject's property, containing no advertising.

SIGN, MONUMENT

Any sign that incorporates a decorative base, often of stone or masonry, placed upon or supported by the ground. Monument signs may not include support posts or other column-like structures to raise the bottom of the sign above the grade surrounding the sign. Monument signs typically accent the sign with landscaping, lighting, and other features to incorporate the sign into the landscape.

SIGN, MULTIPLE DIRECTORY

A sign listing the name of various industrial, commercial or business establishments within a defined contiguous area as determined by the Zoning Officer, to be erected primarily as a service to the motoring or pedestrian public.

SIGN, PROJECTING

A sign that is wholly or partly dependent upon a building for support and which projects horizontally more than 24 inches from such building.

SIGN, ROOF

A sign that is mounted on the roof of a building or which is wholly dependent upon a building for support and which projects above the point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deck line of a building with a mansard roof.

SIGN, TEMPORARY

A sign which offers premises for sale, rent or development or advertises the services of professionals or building trades during the construction or alteration of the premises upon which the sign is located.

SIGN, WALL

A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 24 inches from such building or structure.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any adjoining lot.

SINGLE-FAMILY ATTACHED DWELLING

A building designed for and occupied exclusively as the residence for one family, attached to another similar unit(s) by means of one or more vertical party walls. Examples of "single-family attached dwellings" include, but are not limited to, townhouse and quadraplex units. Any reference to "townhouse" throughout this chapter shall be construed to mean "single-family attached dwelling."

SINGLE-FAMILY DETACHED DWELLING (or SINGLE-FAMILY DWELLING)

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

SMALL WIRELESS COMMUNICATIONS FACILITY (SMALL WCF)

A wireless communications facility that meets the following criteria:

A. The structure on which antenna facilities are mounted:

(1) Is 50 feet or less in height, or
(2) Is no more than 10% taller than other adjacent structures, or
(3) Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the collocation of new antenna facilities; and

B. Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and

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

D. The facilities do not require antenna structure registration under 47 CFR Part 17; and

E. The facilities are not located on Tribal lands, as defined under 36 CFR 800.16(x); and

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

SPECIAL FLOOD HAZARD AREA (SFHA)

An area in the floodplain subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone A, AO, A1-A30, AE, A99, or AH.

SPECIFIED ANATOMICAL AREAS

Defined as:
A. Less than completely and opaquely covered:

(1) Human genitals or pubic region.
(2) Buttock.
(3) Female breast below a point immediately above the top of the areola.

B. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

A. Human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sexual intercourse or sodomy.
C. The fondling or other erotic touching of the human genitals, pubic region, buttock or female breast.

START OF CONSTRUCTION

Includes the substantial improvement and other proposed new development and the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit and shall be completed within 12 months after the date of issuance of the permit unless a time extension is granted, in writing, by the Floodplain Administrator. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and walkways; nor does it include 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 part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STEALTH TECHNOLOGY

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

STEEP SLOPE

Those areas having naturally-occurring slopes of 15% or greater as defined in Article XVIII: SS Steep Slope Conservation District of this chapter. This term shall not include areas having man-made slopes.

STORAGE GARAGE

A building, not a private 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.

STORY

That portion of a building, other than the basement as defined herein, including the space between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.

STREET

A right-of-way, publicly or privately owned, which is not a driveway and which serves primarily as a means of vehicular and pedestrian travel and furnishing access to abutting properties, and which may also be used to provide space for sewers, public utilities, shade trees, bike lanes, trails, and sidewalks. The term "street" includes the words "road," "roadway," "highway," "thoroughfare," "alley," and "way."

STREET LINE

The same as the definition of "ultimate right-of-way line" herein.

STRUCTURAL ALTERATIONS

Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.

STRUCTURE

Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

STRUCTURED PARKING GARAGE

A ramp or elevator access open air structure specifically designed to accommodate vehicle parking.

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to an heir or devisee or 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 streets or easement of access or any residential dwelling, shall be exempted.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage or repetitive loss, as defined herein, regardless of the actual repair work performed. The term does not, however, include any project for improvement of a structure to correct existing violations of the state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions.

SUCCESSOR PARCEL

A parcel that 1) was subdivided from a larger parcel and 2) was promptly given a new parcel number by the Montgomery County Board of Assessment Appeals as a result of such subdivision and 3) contains all of the improvements associated with the institutional use that were part of the previous, unsubdivided parcel. All successor parcels must be approved by resolution by the Board of Supervisors.

SWIMMING POOL

Any pool which is constructed, used or maintained to provide recreational facilities for swimming, bathing or wading and which is capable of containing water to a depth greater than 18 inches and all buildings, equipment and appurtenances thereto. Such definition does not include farm ponds.

TECHNICALLY FEASIBLE

By virtue of engineering or spectrum usage, the proposed placement for a small wireless communications facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless communications facility.

TENURE

The form of occupancy of a unit, i.e., fee-simple sale, rental, condominium, cooperative, etc.

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

Any structure that is used for the primary purpose of supporting one or more antennae, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and the accompanying antenna and accessory equipment.

TRACT AREA

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

TRANSFER OF DEVELOPMENT RIGHTS (TDR) TERMS

When described in pertinent articles herein, the various terms associated with TDRs are intended to have the following meanings:
A. AGRICULTURAL OPERATION
An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.
B. DEVELOPMENT RIGHTS
The rights of the owner of a parcel of land, under applicable zoning regulations, to configure that parcel and the structures thereon to a particular intensity of use.
C. RECEIVING DISTRICT
One or more districts in which the development rights of parcels in the sending district may be used.
D. SENDING DISTRICT
One or more districts in which the development rights of parcels in the district may be designated for use in one or more receiving districts.
E. TRANSFERABLE DEVELOPMENT RIGHTS (TDRs)
The attaching of development rights to specified lands which are desired by Upper Providence Township to be kept undeveloped, but permitting those rights to be severed and transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.
F. TRANSFEREE
The person or legal entity, including a person or legal entity that owns property in a receiving area, who purchases the development rights.
G. TRANSFEROR
The person or legal entity, including a person or legal entity that owns property in a sending district.

TRANSFEREE

The person or legal entity, including a person or legal entity that owns property in a receiving area, who purchases the development rights.

TRANSFEROR

The person or legal entity, including a person or legal entity that owns property in a sending district.

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

The right-of-way width of a street or other corridor as computed from the center line, which is expected to be needed in the future to adequately and properly accommodate the anticipated vehicular and pedestrian traffic and related appurtenances, based on the function of the road in the circulation system, as shown on the Upper Providence Township Ultimate Right-of-Way Map.

ULTIMATE RIGHT-OF-WAY LINE

The line parallel to the established center line of a street or other corridor which defines the outside boundary of the ultimate right-of-way as defined herein.

UNIFORM CONSTRUCTION CODE (UCC)

The statewide building code adopted by the Pennsylvania General Assembly in 1999 applicable to new construction in all municipalities whether administered by the municipality, a third party or the Department of Labor and Industry. Applicable to residential and commercial buildings, the Code adopted The International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the State floodplain construction. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.

USE

Any purpose for which a building or other structure or a tract of land may be designed, arranged, intended, maintained or occupied or any activity, occupation, business or operation carried on in a building or other structure on a tract of land.

UTILITY POLE

A pole or similar structure that is or may be used, in whole or in part, by or for telecommunications, electric distribution, lighting, traffic control, signage or a similar function or for collocation. The term includes the vertical support structure for traffic lights but does not include utility poles or horizontal structures to which signal lights or other traffic control devices are attached.

VIOLATION

The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

WBCA

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

WIRELESS

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

WIRELESS COMMUNICATIONS FACILITY (WCF)

An antenna facility or a wireless support structure that is used for the provision of wireless service, whether such service is provided on a stand-alone basis or commingled with other wireless communications services.

WIRELESS SUPPORT STRUCTURE

A pole, tower, base station, or other building, whether or not it has an existing antenna facility, that is used or to be used for the provision of wireless service (whether on its own or commingled with other types of services).

YARD

An open space at grade between a yard line and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward.

YARD LINE

A line drawn parallel to the corresponding lot lines at a distance specified for the required depth of a yard in each respective case.

YARD LINE, FRONT

A line bounding the front yard and parallel to the front lot line.

YARD LINE, REAR

A line bounding the rear yard and parallel to the rear lot line.

YARD LINE, SIDE

A line bounding the side yard and parallel to the side lot lines.

YARD, FRONT

The yard extending along the full length of the building setback line, being the minimum horizontal distance between the building setback line, or the building or any projection thereof other than steps, and the street line or ultimate right-of-way line, provided that such distance is no less than the minimum distance prescribed in the applicable zoning district. For rear lots, the minimum front yard depth shall be measured along the property line which most nearly parallels the street.

YARD, REAR

A yard extending the full length of the rear lot line and being the minimum horizontal distance between the rear lot line and the rear yard line or the rear of the building or any projections other than steps.

YARD, SIDE

A yard extending along the side lot line from the required front yard to the required rear yard and being the minimum horizontal distance between the side lot line and the side yard line or the side of the building or any projections other than steps.

Township of Upper Providence, PA

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