Township of Upper Chichester

Abandonment The cessation of the use of a property by the owner or lessee for a period of six consecutive months without the clear and verifiable intention of transferring rights to the property to another owner or resuming the use of the property.

Accessory structure A structure detached from a principal building on the same lot and incidental and subordinate to the principal building or use.

Accessory use A use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.

Accessory use or structure A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

Adult entertainment Activities, publications, movies, videotapes and/or live or televised performances which have as their dominant theme or themes explicit sexual activities and/or the exhibition of human anatomy which is not normally seen in public or in other commercial or club-type operations and which may or may not exclude minors by virtue of age. Implicit in this definition are the following: bookstores, movie theaters, restaurants, bars and other operations which qualify inclusion by virtue of the above wording regardless of the type of other use or operations which may also be conducted on or in the property or properties involved.

Airport elevations The highest point of an airport's usable landing area measured in feet above sea level. The elevation of Philadelphia International Airport is 36.1 feet.

Airport hazard Any structure or object, natural or man-made, or use of land which obstructs the airspace required for flight or aircraft in landing or taking off at an airport or is otherwise hazardous as defined in 14 CFR Part 77 and 74 Pa.C.S.A. § 5102.

Airport hazard area Any area of land or water upon which an airport hazard might be established if not prevented as provided for in this district and the Act 164 of 1984 (Pennsylvania Laws Relating to Aviation).

Alteration Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress and egress, or any enlargement to or diminution of a building or structure, or the moving of a building from one location to another.

Antenna A device used to collect or transmit telecommunications or radio signals. Examples are: panels, microwave dishes, and single poles known as "whips."

Antenna height The vertical distance measured from the base of an antenna support structure at grade to the highest point of the antenna support structure, including any antenna affixed thereto. If the antenna support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

Antenna support structure Any pole, telescoping mast, monopole, tower, tripod, or any other structure which supports or has attached to it, an antenna or antennae.

Approach surface (zone) An imaginary surface longitudinally centered on the extended runway center line and extending outward and upward from each end of the primary surface. An approach surface is applied to each end of the runway based on the planned approach. The inner edge of the approach surface is the same width as the primary surface and expands uniformly depending on the planned approach. The approach surface zone, as shown in Figure 1, is derived from the approach surface.

Average gross residential density The total number of dwelling units in a planned residential development (PRD) divided by the gross acreage of the tract as reduced by any areas to be devoted to commercial use.

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 Any area of the building having its floor below ground level on all sides.

Basement An enclosed area partly or completely below grade. A basement shall be considered a story for the purpose of height measurement if the basement ceiling is five feet or more above the average grade level around the building.

Billboard A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a, location other than the premises on which the sign is located.

Brewery

A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board. On-site consumption may occur in a taproom or in a permitted outdoor dining area.

Brewpub

A full-service or fast-casual restaurant where the consumption of prepared food is accessory to sale and production of alcoholic beverages, and which possesses the appropriate license from the Pennsylvania Liquor Control Board. No drive-through service shall be permitted at a brewpub.

Buffer area A strip of land in which no parking areas, driveways or structures are permitted adjacent to the existing lot line to establish a separation between uses.

Building Any structure, temporary or permanent with a roof or other covering used or intended for supporting or sheltering any use, occupancy or property.

Building A combination of materials to form a permanent structure having walls and a roof. Included shall be all manufactured homes and trailers to be used for human habitation.

Building coverage The ratio obtained by dividing the ground floor area of all principal and accessory buildings on a lot by the total area of the lot upon which the buildings are located.

Building height The vertical distance measured from the average level of the ground surrounding the structure to the highest point of the roof for flat roofs and to the ridge for gable, hip and gambrel roofs, provided that chimneys, spires, towers, mechanical penthouses, tanks, antennas and similar projections of the building not intended for human occupancy shall not be included in calculating the height.

Building line A line parallel to the street right-of-way line at a distance equal to the depth of the front yard required for the district in which the lot is located.

Business trailer A trailer, semitrailer, travel trailer, office trailer, storage trailer or structure that was originally designed to be portable, that may be used as a temporary trailer if directly associated with an existing conforming use.

Charitable or nonprofit organization A group organized for lawful purposes, other than generating a profit, such as a charitable, educational, political, social, trade, cultural, scientific, professional or similar organization.

Collection facility, small A facility for the collection of paper, glass, aluminum or other officially designated recyclable materials. Such facility shall have an area of not more than 500 square feet and shall be located either temporarily or permanently on the same lot with a principal or host use. No power-driven processing equipment is to be used on site. A permit from the Township shall be required prior to the establishment and operation of such facility.

Collection facility, standard A facility for the collection of paper, glass, aluminum or other officially designated recyclable materials. Such facility shall be larger than 500 square feet, located permanently on its own site, and have the capacity for aggregating and storing large amounts of material on site in preparation for shipping to the processing facility. Little or no power-driven processing equipment is to be used on site.

Commercial motor vehicle Any vehicle other than a personal or recreational vehicle (as defined herein) which is greater than 84 inches in height, whether or not engaged in a commercial enterprise, trade, profession or industry and which may or may not bear commercial aspects such as signs or an attached ladder or tool racks shall also be considered a commercial vehicle. Vehicles or trailers used to transport other vehicles, whether or not used in connection with a leisure-time or recreational pursuit, and which are not defined as recreational vehicles shall be considered for the purpose of this chapter as commercial vehicles.

Common open space A parcel or parcels of land or an area of water, or a combination of land and water within a land development or a subdivision, designed and intended for the use or enjoyment of residents or occupants thereof, not including streets, off-street parking areas and areas set aside for public facilities.

Community building A building within a continuing care retirement community (CCRC) or a part thereof that houses common uses for CCRC residents such as common dining facilities, personal service shops, library, physical therapy facilities, and administration offices.

Community residence facility, family-based A residential facility licensed by the appropriate agency and used as living quarters by persons requiring special care and supervision by their adult supervisors. A family-based community residence facility is specifically designed to create a residential environment for up to five persons who are developmentally disabled, mentally ill, physically disabled, elderly, dependent children or similar types of individuals who are unable to live without supervision.

Community residence facility, group-based An institutional facility intended and designed to accommodate persons recovering from alcohol, drugs or similar addictions by providing counseling, therapy and other rehabilitation programs designed to mainstream residents back into society enabling them to live independently.

Completely dry space A space that will remain totally dry during flooding; the structure is designed and constructed to prevent the passage of water and water vapor.

Condominium A building or group of buildings in which units are owned individually and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Conical surface (zone) An imaginary surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 feet horizontally to one foot vertically for horizontal distance of 4,000 feet. The conical surface zone as shown on Figure 1 is based on the conical surface.

Consumer fireworks Any combustible or explosive composition or any substance or any combination of substances, intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in Title 16 of the Code of Federal Regulations (CFR) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association (ABA) Standard 87-1 or any successor standard thereto.

Continuing care retirement community (CCRC) A residential living environment and care facilities with a view toward creating provisions for sustenance, housing, physical, spiritual, cultural, social and medical needs; allowing for care of residents as well as for operation and maintenance of residential dwelling units; allowing for medical services for residents in the form of an infirmary for the temporary care of residents and the treatment of their medical problems and; allowing for independent living and assisted living, as well as skilled nursing facilities for both long-term and short-term care. The CCRC may include accessory uses primarily for the benefit of the CCRC residents such as gift shop; personal services such as a barber shop or beauty salon; common dining facilities; library; and administrative offices.

Convenience store A one-story, retail store containing less than 5,500 square feet of gross floor area, being open 15 hours to 24 hours per day. It is designed to attract and depends upon a large volume of stop-and-go traffic. Examples of convenience stores are those operated by the "Wawa" and "7-11" chains.

Conversion A change in the use of a building; for example, the change of a single-family dwelling to a multifamily dwelling or change of a retail use to office use. Such change may be accomplished without subdivision or the introduction of a new owner. Where the use and dimensional regulations of this chapter permit, such conversion may be accomplished by appropriate alteration upon the issuance of the necessary permits.

Day-care center, adult A facility in which out-of-home care is provided to four or more elderly or disabled adults for not more than 16 hours in a twenty-four-hour period per day, excluding care provided by relatives.

Day-care center, group A facility providing care and supervision, and organized recreational and educational activities for 16 or more children under the age of 16. This facility may be located in a building or establishment designed or intended for day care or in a school or church or similar building as an accessory use. The hours of operation shall be less than a twenty-four-hour period per day. All such facilities are required to have approval or licensure as required by the Pennsylvania Department of Public Welfare.

Day-care center, intermediate A facility providing care and supervision for seven to 15 children under the age of 16. This facility may be located in a building or establishment designed or intended for day care with no live-in persons, or in a school or church or similar building as an accessory use. The hours of operation shall be less than a twenty-four-hour period per day. All such facilities are required to have approval or licensure as required by the Pennsylvania Department of Public Welfare.

Day-care facility, home-based A home, other than the child's own home operated for profit or not for profit, in which child care is provided at any one time to four, five or six children unrelated to the operator. All required certifications and other requirements must be met before operation begins.

Density, gross The maximum number of dwelling units per acre. The term indicates all land within the boundaries of a particular area, including streets, rights-of-way and easements.

Density, net This term refers to land within the boundaries of a particular area but excludes streets, rights-of-way, and easements in calculating net density.

Department Pennsylvania Department of Transportation.

Developer Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision, land development or any other development.

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

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.

Dwelling A building or unit designed and constructed for residential use.

Dwelling unit One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Dwelling, assisted-living facility A dwelling that is licensed as a personal care home by the Commonwealth of Pennsylvania, as a type of multifamily dwelling.

Dwelling, garden apartment A multiple-family dwelling of two stories in height designed for rental or condominium ownership of each housekeeping unit.

Dwelling, independent-living facility A dwelling used exclusively for occupancy by one or more persons in a continuing care retirement community, typically in the form of an apartment for an age-qualified person, or in a separate building not attached to a CCRC building.

Dwelling, single-family attached (townhouse) A single-family dwelling within a building with not less than four or more than six attached dwellings. Each dwelling has at least one party wall in common with other dwellings in the same row; a townhouse.

Dwelling, single-family detached A building designed for and occupied exclusively as a residence for only one family with yards on all sides of the dwelling.

Dwelling, single-family semidetached (twin) Two dwelling units, each accommodating one family, which are attached side by side by means of a party wall, with each dwelling unit having only one side yard.

Dwelling, two-family detached (duplex) Two dwelling units, each accommodating one family, which are located one over the other with the building having two side yards.

Easement A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.

Equipment facility Any structure or enclosure used to contain ancillary equipment as a component of a WCF, including a cabinet, shelter, a buildout of an existing structure, or a pedestal.

Existing manufactured home park or subdivisions 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.

Existing structure A structure for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMS effective before that date. "Existing structure" may also be referred to as "existing construction."

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).

FAA Federal Aviation Administration of the United States Department of Transportation.

Family Any number of individuals living together as a single housekeeping unit when said individuals are related by blood, marriage or adoption, including foster children; or no more than five unrelated individuals living together as a single housekeeping unit with single kitchen facilities.

Flood A temporary inundation of normally dry land areas.

Flood insurance rate map (FIRM) The Official Map on which the Federal Emergency Management Agency 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 Emergency Management Agency 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 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.

Floodplain district Those areas within Upper Chichester Township delineated in Article XVII, Floodplain Conservation Overlay District and subject to all such provisions of said article.

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, gross The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet. Gross floor area also includes but is not limited to the following:

A. Basement space, if it meets the requirements of a building story as defined herein.
B. Elevator shaft, stairwell and attic space providing headroom of six feet or more.
C. The floor areas of roofed terraces, exterior balconies, breezeways or porches where over 50% of the perimeter is enclosed.
D. Any floor space used for dwelling purposes no matter where located within a building.

Floor area, net The total of all floor areas of a building, excluding stairwells and elevator shafts, corridors, vestibules, toilet rooms, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for other than storage or mechanical purposes.

Freestanding building Any building located within a development site which is separate from any group or cluster development on such site and which shall comply with the regulations of the district in which it is located.

Gasoline service station Any area of land, including structures thereon, or any building or part thereof, that is used for the sale of gasoline or other motor vehicle fuel or accessories, and which may or may not include facilities for lubricating, washing, or otherwise servicing motor vehicles, but which shall not include painting or body and fender repairs.

Gasoline station, self-service A property and/or place of business where flammable or combustible liquids used as motor fuels are stored and dispensed from fixed equipment into the fuel tanks of motor vehicles by a person other than the service station attendant.

Health clinic An office or clinic for medical or dental examination or treatment of persons primarily on an outpatient basis, including laboratories incidental thereto, provided that no overnight patients shall be kept on the premises.

Height For the purpose of determining the height limits in all zones set forth in this district and shown on the Zoning Map, the datum shall be mean sea level elevation unless otherwise specified.

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

Historic structures Any structure that is:

(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic places in states which have been approved by the Secretary of the Interior; or
(4) Individually listed on a local inventory of historic places in communities with historic preservation that have been certified either:

(a) By an approved state program as determined by the Secretary of the Interior; or
(b) Directly by the Secretary of the Interior in states without approved programs.

Home occupation, no-impact Any lawful occupation or profession conducted in a dwelling, in which no persons other than the members of the resident family are engaged, which has no visible exterior evidence of the occupation, which does not create a need for off-street parking beyond the normal dwelling needs, and in which no equipment is used other than that normally used in household, domestic, or general office use.

Home office, professional A home occupation conducted by a practitioner of a recognized profession together with the primary residential use. Examples of such professions include doctor, lawyer, accountant, architect, or member of a similar recognized profession. Insurance, real estate or similar offices are not included in the grouping and are more appropriately located in commercial districts.

Homeowners' association A nonprofit organization comprised of homeowners or property owners, planned and operated under approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community-owned property and facilities.

Horizontal surface (zone) An imaginary plane 150 feet about the established airport elevation that is constructed by swinging arcs of various radii from the center of the end of the primary surface and then connecting the adjacent arc by tangent lines. The radius of each arc is based on the planned approach. The horizontal surface zone, as shown on Figure 1, is derived from the horizontal surface.

Identified floodplain area The floodplain areas specifically identified in this chapter in § 600-131: Identification of floodplain areas.

Impervious coverage or surface The coverage of the lot area or tract area by materials that prevent the percolation of water into the soil and generate stormwater runoff, such as buildings, streets, parking areas, driveways and any other similar surfaces.

Industrial park A large tract of land that has been planned, developed and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

Laboratory A building or group of buildings in which are located the facilities for scientific research, investigation, testing, and experimentation, but not including the manufacture of products for sale.

Land development

A. The improvement of one lot, or two or more contiguous lots, tracts, or parcels of land for any purpose involving:

(1) One or a group of two or more buildings; or
(2) The division or allocation of land or space between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features;

B. A subdivision of land.

Land site A tract or parcel of land that contains the WCF, tower, antenna and/or telecommunications equipment building.

Landscaped planting area An area landscaped with grass, ground cover, shrubs or similar plantings placed where required by this chapter and permanently maintained.

Larger than utility runway A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet powered aircraft.

Loading space A paved accommodation off the street for loading and unloading of trucks in the form of one or more truck berths located either within or outside a building on the same lot.

Lot A parcel of land which is or may be occupied by a building and/or accessory structure or use, including open spaces and setbacks as are required within the district in which the lot is located.

Lot area The total horizontal area within the lot lines of a lot.

Lot depth The distance along a straight line measured from the midpoint of the front lot line to the midpoint of the rear lot line.

Lot line A line of public record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.

Lot line, front The line separating the lot from the street right-of-way.

Lot line, rear Any lot line, except the front lot line, which is parallel to, or within 45º of being parallel to, and does not intersect any street line, except in the case of corner lots.

Lot line, side Any lot line which is not a front or rear lot line.

Lot width The horizontal distance between the side lot lines measured at right angles to the lot depth at the building line.

Lot, corner A lot bounded by streets on at least two sides. Both yards adjacent to streets shall be considered front yards.

Lot, minimum area of The smallest lot area established by this chapter on which use or structure may be located in a particular district.

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

Lowest floor The lowest floor of the lowest fully enclosed area (including basement). An unfinished, flood-resistant partially enclosed area, used solely for 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 space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

Mail order facility An establishment which specializes in the sale of mail order items, but does not involve a factory outlet store or other store for walk-in retail sales.

Manufactured home

A. A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed for use with a permanent foundation.
B. The term "manufactured home" shall include park trailers, travel trailers and other similar vehicles placed on a site for more than 180 consecutive days, as defined in the National Flood Insurance Program.

Manufactured home A structure, transportable in one or more sections, which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

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

Micro facility A wireless communications facility (WCF) consisting of an equipment facility capable of being mounted onto the attachment or support structure and antenna that is either:

A. No more than five feet in height with a face area of not more than 580 square inches; or
B. If tubular antenna, no more than four inches in diameter and no more than seven feet in length.

Microbrewery

A facility in which beer, wine, or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption, and which possesses the appropriate license from the Pennsylvania Liquor Control Board and produces less than 15,000 barrels per year (a barrel is approximately 31 gallons). On-site consumption may occur in a taproom or in a permitted outdoor dining area. This term may include nanobreweries, microdistilleries, and wineries.

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

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

Mobile home A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two or more units designed to be joined into one integral unit capable again of being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. This definition is in accordance with the Pennsylvania Municipalities Planning Code and manufactured under the Manufactured Home Construction and Safety Standards.

Mobile home lot A parcel of land improved with the necessary utility connections and other appurtenances necessary for the placement thereon of a single mobile home.

Mobile home park A parcel or parcels of land, at least 10 acres, under single or separate ownership, which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more mobile home lots.

Motel A building or a group of two or more detached or semidetached buildings containing rental units having entrances provided directly or closely in connection to automobile parking serving such rooms, where such building(s) or groups of buildings are designed, intended or used principally for the provision of sleeping accommodations for automobile travelers, and are suitable for occupancy at all seasons of the year, including meeting and dining rooms as accessory uses.

New construction Structures for which the start of construction commenced on or after September 2, 2015, and includes any subsequent improvements to such structures. Any construction started after May 16, 1977, and before September 2, 2015, 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.

Nonconforming building or structure A building or structure which does not comply with the provisions of this chapter, as amended, where such building or structure lawfully existed prior to the effective date of this chapter or amendments thereafter.

Nonconforming lot Any lawful lot which does not conform to one or more of the applicable provisions of the district in which it is located either on the effective date of this chapter or amendments thereafter.

Nonconforming use A use, whether of land or of a structure, which does not comply with the applicable provisions of this chapter, where such use was lawfully in existence prior to the effective date of this chapter or amendments thereafter.

Nonconforming use Any preexisting structure, object of natural growth, or use of land which is inconsistent with provisions of the district or an amendment thereto.

Non-precision instrument runway A runway having an existing instrument approach procedure utilizing air navigation facilities, with only horizontal guidance, or area-type navigation equipment, for which a straight-in non-precision instrument approach procedure has been approved or planned.

Nursery A place where plants are propagated and grown to usable size for transplanting, for use as stocks for budding and grafting, or for sale.

Obstruction Any structure, growth, or other object, including a mobile object which exceeds a limiting height set forth by this district.

Open space (See "common open space.")

Parking space A reasonably level space having a surface slope not exceeding 6%, unless approved as a variance by the Zoning Hearing Board. Such space shall have an area as listed in § 600-141: Design regulations which area shall be exclusive of passageways, driveways, or other means of circulation or access.

Performance standards A set of criteria or limits relating to nuisance elements which a particular use or process may not exceed. These standards are listed in Article XXIII: Performance Standards.

Permit Written municipal permission issued by the appropriate local official empowering the holder thereof to do some act not forbidden by law, but not permitted without such authorization.

Person An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

Personal service shop A business engaged in providing services involving the care or appearance of a person, his or her clothing, or similar personal needs. Included in this definition are barber, beautician, shoe repair, fitness club, laundry or cleaner or similar establishment but not including a tattoo parlor, massage parlor, or body piercing establishment.

Planned residential development A contiguous area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, the development plan for which must comply with the lot size, bulk or type of dwelling, density, lot coverage, required open space and other provisions of Article XIII: PRD Planned Residential Development District of this chapter.

Planted buffer A strip of evergreen plantings or a mix of both evergreen and deciduous plantings which, at the time of planting, are of the minimum height required by this chapter. Such plantings shall be spaced at not more than fifteen-foot intervals. The planted buffer is intended to provide visual beauty, reduce noise and dust and provide a partial visual screen. Such buffers shall be permanently maintained.

Planted visual screen A strip of evergreen plantings adjacent to the boundary of a property which, at time of planting, are of the minimum height required by this chapter and which shall be of sufficient density to constitute an effective visual screen and thereby give visual protection to abutting properties. Such screen shall consist of dense evergreens which shall be planted not farther than eight feet from one another. Such screens shall be permanently maintained.

Post-firm structure 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 May 16, 1977, whichever is later, and, as such, would be required to be compliant with the regulations of the National Flood Insurance Program.

Precision instrument runway A runway having an existing instrument approach procedure utilizing an Instrument Landing System (ILS) or a Precisions Approach Radar (PAR). It also means a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or any planning document.

Pre-firm structure 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 May 16, 1977, whichever is later, and, as such, would not be required to be compliant with the regulations of the National Flood Insurance Program.

Primary surface (zone) An imaginary surface longitudinally centered on the runway extending 200 feet beyond the end of paved runways or ending at each end of turf runways. The elevation of any point on the primary surface is the same as the elevation of the nearest point on the runway center line. The primary surface zone, as shown on Figure 1, is derived from the primary surface.

Principal building or use A building or use which is the primary building or use on a lot as distinguished from a building or buildings relating to an accessory, incidental or subordinate use. The primary purpose for which land, a building, or a structure or the use thereof is designed, arranged or intended.

Processing facility A facility used for the collection and processing of officially designated recyclable materials. Processing is the preparation of material for efficient shipment or to the end-user's specifications. Such a facility shall have an area large enough to accommodate collection and processing machinery and storage area, along with ample loading and unloading areas.

Provider A person, not a public utility, who is licensed by the Federal Communications Commission to provide telecommunications service to the public.

Public park A natural or landscaped area, buildings or structures, provided by a unit of government, to meet the recreational needs of people.

Recreation area A place designed and equipped for the conduct of sports, leisure-time activities and other customary and usual recreational activities.

Recreation area, active An open space site developed specifically for leisure activities, usually performed with others, often requiring equipment and taking place on prescribed fields or courts. The area can include indoor gymnasium facilities as well. The term "active recreation" refers to those recreational pursuits which require physical alteration to the area where they are performed. Such areas include, but are not limited to, baseball fields, basketball courts or play areas, soccer fields, swimming pools, golf courses, playgrounds, ball courts, and roller hockey rinks.

Recreation area, passive Activities that involve relatively inactive or less energetic activities such as walking, hiking, bird-watching, sitting and picnicking.

Recreation, indoor commercial An indoor recreational facility operated as a business and open to the public for a fee. Examples of such facilities include bowling alleys, batting cages, etc.

Recreation, outdoor commercial An outdoor recreational facility operated as a business and open to the public for a fee. Examples of such facilities are public swimming pools, water parks/slides, golf courses and most miniature golf courses.

Recreational vehicle A vehicular-type portable structure without a permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational and camping purposes. Recreational vehicles include, but are not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

Recreational vehicle A vehicle which is:

(1) Built on a single chassis;
(2) Not more than 400 square feet, measured at the largest horizontal projections;
(3) Designed to be self-propelled or permanently towable by a light-duty truck;
(4) Not designed for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

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.

Regulatory flood elevation The one-hundred-year flood elevation 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 such flood event, on average, equals or exceeds 25% of the market value of the structure before the damages occurred.

Residential living A building within a community care retirement community (CCRC) that houses the residents of the CCRC, including independent-living dwelling units, assisted-living facilities and skilled care nursing facilities.

Restaurant

Any establishment, however qualified in the subsequent defined terms of this use, at which a principal use is to prepare food/beverages within the principal building for sale to the general public for consumption on and off the premises.

Restaurant, fast-casual

A restaurant where customers place their orders by telephone, online, or at a counter inside the facility, and either the customer takes the food/beverage to a table, booth, or counter or waitstaff serves the food/beverage at the customer's table, booth, or counter. Food is typically custom prepared and generally served m disposable wrappings or containers. A fast-casual restaurant may have take-out food service. Up to two parking spaces may be restricted for limited drive-in service when the parking spaces dedicated to this use are surplus to the number of parking spaces otherwise required for the site. Examples may include: coffee shops, cafes?, bakeries, delicatessen, or ice cream shops.

Restaurant, fast-food

A restaurant where customers may place their food/beverage orders by phone, online, at a counter inside the facility, or from the customer's vehicle outside the facility by use of drive-through or drive-in service. Food is often preprepared and is predominantly served in disposable wrappings or containers. A fast-food restaurant may have take-out food service.

Restaurant, full-service

A restaurant that provides full waitstaff service where food/beverages are ordered, served, and consumed by the customer normally while seated at a table, booth, or counter. Food is predominantly served with nondisposable dinnerware and flatware. A full-service restaurant may include a brewpub. A full-service restaurant may provide limited take-out food service. Up to four parking spaces may be restricted for limited drive-in service when the parking spaces dedicated to this use are surplus to the number of parking spaces otherwise required for the site.

Restaurant-cafe A building or part of a building used for the purpose of furnishing food and beverages to the public to be consumed on the premises and in an area on the sidewalk directly abutting and adjacent to and upon the same lot as a restaurant or any business licensed by the Pennsylvania Liquor Control Board pursuant to regulations of the Board to conduct business on the above-mentioned premises.

Retail stores Establishments located entirely within an enclosed building which are primarily engaged in the business of selling consumer-oriented goods or merchandise to the general public for personal or household consumption, including, but not limited to, general merchandise stores, pharmacy, electronic, office supplies, magazine/bookstores, florists, clothing stores, gift shops, jewelry stores, music stores, pet and pet supply stores, shops offering wearing apparel and other accessories, etc., except for any type of business selling any type of retail merchandise which is specifically listed in this chapter, and, further, which shall not include any establishments which are engaged in the business of wholesaling, manufacturing or processing of the goods offered for sale.

Right-of-way (ROW) Land acquired by reservation, dedication, prescription, condemnation or other legal manner and occupied or intended to be occupied by a street, crosswalk, electric transmission line, oil or gas pipeline, waterline, watercourse or similar uses.

Right-of-way line The line that forms the boundaries of a right-of-way.

Runway A defined area of an airport prepared for landing and takeoff of aircraft along its length.

Satellite antenna An antenna together with all attachments and parts, the purpose of which is to receive communication from orbiting satellites.

Setback The minimum distance from the street right-of-way line or any other lot line that establishes the area, commonly known as the "building envelope," within which the principal structure must be erected or placed.

Shopping center A group of commercial establishments planned, constructed and managed as a total entity, including both attached buildings and freestanding buildings with customer and employee parking provided on site.

Sign Any object, device, display or illustration which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, numbers, or symbols.

Sign area The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure.

Sign face The area or display surface used for the message.

Sign, accessory use Signs which identify home occupations.

Sign, advertising cloth A sign which has its letters or design applied to cloth, canvas or other flexible material which is durable and weather-resistant.

Sign, awning A sign that is mounted or painted on or attached to an awning.

Sign, curb or sidewalk A movable sign which is not secured or attached permanently to the ground.

Sign, directional A sign limited to directional messages, principally for pedestrian or vehicular traffic, such as entry or exit, one-way, loading or service area, fire lanes, parking, or a similar sign incidental to the primary use and not itself advertising or naming that use except as required by law.

Sign, freestanding A detached sign which shall include any sign placed upon or in the ground, supported by a post, stake, etc., and not attached to any building.

Sign, ground A freestanding sign other than a sign supported by a post or pylon, placed upon or supported by the ground independent of any other structure.

Sign, identification A sign giving the nature, logo, trademark or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.

Sign, illuminated A sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.

Sign, marquee A sign that is mounted or painted on any hood or awning of permanent construction projecting from the wall of a building above an entrance and extending over a sidewalk or driveway.

Sign, menu A sign which depicts the menu, food and/or drink for sale at an eating or drinking establishment.

Sign, outdoor advertising (billboard) A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered upon a premises other than the one where such sign is located. (See also "billboard.") Outdoor advertising signs include signs attached to bus stops or similar facilities.

Sign, portable Signs that can either be attached or mounted on a mobile stand or transported by a trailer.

Sign, projecting A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.

Sign, roof A sign erected on, above or projecting above the eave, roof or parapet of any building.

Sign, temporary A sign notifying or advertising a special event, which is displayed for no more than 30 days.

Sign, temporary banner A temporary sign made of advertising cloth, paper, plastic or other similar material that is hung or posted from a building, fence, light pole or other man-made supporting post or structure.

Sign, wall A sign posted on, painted on, suspended from or otherwise affixed to a wall or vertical surface of a building and which does not project more than 12 inches from the wall or vertical surface to which it is attached.

Sign, window A sign attached or affixed to a window or door.

Slope The deviation of a surface from the horizontal, usually expressed in percent or degrees.

Slope, steep A slope characterized by a change in elevation from 1 1/2 to 2 1/2 feet over the vertical change in grade and contour interval specified in § 600-123: Interpretation of district boundaries. of this chapter.

Slope, very steep Areas of very steep slope are characterized by a change in elevation greater than or equal to 2 1/2 feet over the vertical change in grade and contour interval specified in § 600-123: Interpretation of district boundaries, of this chapter.

Special exception Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XXV: Zoning Hearing Board only in situations where such use is specifically permitted by the terms of this chapter.

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.

Start of construction Includes substantial improvement and other proposed new development and means the date the permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days after 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 manufacture 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 Any wireless communication facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened and or landscaped antenna arrays and equipment facilities, and support structures designed to look other than like a support structure, such as a light pole, a power pole, a component of a building or a tree.

Street A public or private way used or intended to be used as a means of vehicular and pedestrian travel and access to abutting properties and space for public utilities and improved to the satisfaction of the Township.

Street line (street right-of-way line) The line dividing the street and the abutting property. The street line shall be the same as the right-of-way line.

Structure Any constructed, erected, or placed material or combination of materials in or upon the ground or water, including, but not limited to, buildings, sheds, fences, signs, storage bins, tents, and radio and other communications or utility towers. Retaining walls that only stabilize or restrain earthen loads unrelated to a specific building or other structure shall not be considered structures themselves.

Structure A walled and roofed building, including a gas or liquid storage tank that is principally above the ground, as well as a manufactured home.

Structure An object, including a mobile object, constructed or installed by man, including but without limitation, buildings, towers, cranes, smokestacks, earth formation and overhead transmission lines.

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 heirs, or devisees, 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 street 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, of which the cost 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" 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 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.

Swimming pool (private) Any body of water, tank or receptacle for water having a depth at any point greater than two feet used or intended to be used for swimming or bathing solely by the owner, his family and guests of the household, and constructed, installed, established or maintained outside any building in or above the ground upon any premises as an accessory use to the residence.

Taproom

A facility that is ancillary to the production of beer, wine, or other alcoholic beverages of a brewery, microbrewery, or brewpub, where the public can purchase and/or consume beer, wine, or other alcoholic beverages and which possesses the appropriate license from the Pennsylvania Liquor Control Board. A taproom may be located within a brewery, microbrewery, or brewpub.

Tavern

An establishment primarily devoted to the serving of alcoholic beverages by the drink in which food service is incidental to consumption of such beverages. This shall include bar and barroom, but shall not include brewpubs or microbreweries.

Telecommunications equipment building The building in which the electronic receiving and relay equipment for a WCF is housed.

Tower A structure that is intended to support equipment used to transmit and/or receive telecommunication signals.

Townhouse building A building containing between four and six single-family attached dwellings (townhouse units) in which each townhouse unit is attached only by a party wall or walls to one or two other townhouse units.

Townhouse development A contiguous area of land controlled by a landowner, to be developed as a single entity for a number of townhouse buildings, the development plan for which corresponds with the specific regulations of Article VI: TH Townhouse District.

Tract An area, lot, parcel, site or property which is the subject of a subdivision and/or land development.

Tract area The total acreage of a subdivision or land development. Tract area shall be measured to the ultimate right-of-way line of public streets.

Transitional surface (zone) An imaginary surface that extends outward and upward from the edge of the primary surface to the horizontal surface at a slope of seven feet horizontally to one foot vertically. The transitional surface zone, as shown in Figure 1, is derived from the transitional surface.

Tree Any object of natural growth.

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.

Utility runway A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500 pounds maximum gross weight or less.

Variance Permission, approval or authorization granted by the Zoning Hearing Board in accordance with Article XXV: Zoning Hearing Board only in situations constituting a modification of, or deviation from, the exact provisions of this chapter as applied to a specific lot and/or land development.

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.

Visual runway A runway intended solely for the operation of aircraft using visual approach procedures.

Wireless communication facility (WCF) Any unstaffed facility for the transmission and/or reception of wireless communication services, usually consisting of an antenna array or micro facility, connection cables, an equipment building, and a support structure to achieve the necessary elevation.

Wireless communication service Any personal wireless service as defined by the Telecommunications Act of 1996, which includes FCC-licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

Yard The required open, unoccupied space on the same lot with a building or, where provided for in this chapter, such open space in connection with a group or complex of buildings on a lot, which open space is unoccupied and unobstructed by any portion of a principal structure from the ground upward, except for projections permitted.

Yard, front A yard extending the full width of the lot along the street line with a minimum depth as required in each district which is measured from the street line to the building line. In the case of a corner lot, there shall be a front yard on each street on which the lot abuts.

Yard, rear A yard extending the full width of the lot along the rear lot line with a minimum depth as required in each district which is measured from the rear lot line. In the case of a corner lot, the owner or developer may, after consulting with the Township Engineer at the time of the application for a permit, specify which yard shall be the rear yard, taking into consideration the prevailing lot pattern when established.

Yard, required The open space between a lot line and the buildable area or "building envelope" within which the principal structure must be erected or placed.

Yard, side A yard extending along the side lot line from the front yard to the rear yard with a minimum depth as required in each district which is measured from the side lot line. In the case of the corner lot, the owner or developer may, after consulting with the Township Engineer at the time of application for a permit, specify which yard shall be the side yard taking into consideration the prevailing lot pattern when established.

Zoning ordinance An ordinance that divides the Township into areas or zones that specify allowable uses for real property and size and location restrictions for buildings within these areas ("this chapter").

Zoning permit Written permission issued by the Zoning Officer or other appropriate municipal official empowering the holder thereof to erect or alter a building or structure, including signs and fences, change the use of a building or land, and change or extend a nonconforming use.

Township of Upper Chichester, PA

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