[Ord. No. 2018-2, 11/5/2018]
1.
The definition of words included herein are provided to facilitate
the interpretation of this chapter for administrative and enforcement
purposes. Unless expressly stated otherwise, within the context of
the chapter, the following shall apply:
A.
Words used in the present tense shall include the future tense.
B.
The word "person" shall include a profit or nonprofit corporation,
company, partnership, or individual.
C.
The words "used" or "occupied" as applied to any land or building
shall include the words "intended," "arranged," or "designed" to be
used or occupied.
D.
The word "building" shall include "part thereof" and "structure."
E.
The word "lot" shall include "plot" or "parcel."
F.
The word "shall" is always mandatory.
G.
The singular number shall include the plural, and the plural the
singular.
H.
The masculine gender shall include the feminine and neuter.
I.
The word "street" shall include "road," "highway," and "lane."
[Ord. No. 2018-2, 11/5/2018]
When terms, phrases, or words are not defined, they shall have
the meaning as defined in the Latest Illustrated Book of Development
Definitions (H. S. Moskowitz and C. G. Lindbloom, Rutgers, The State
University of New Jersey, 2004) or if not defined therein, they shall
have their ordinarily accepted meanings or such as the context may
imply.
[Ord. No. 2018-2, 11/5/2018]
As used in this chapter, the following terms shall have the
meanings indicated:
To cease or discontinue a use or activity without intent
to resume, but excluding temporary or short-term interruptions to
a use or activity during periods of remodeling, maintaining, or otherwise
improving or rearranging a facility, subject to completion of the
work within one year from the issuance of a zoning permit and/or building
permit.
Having a common border with, or being separated from such
a common border by a right-of-way, alley, or easement.
A way or means of approach to provide physical ingress and/or
egress to a property.
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
A use incidental to, and on the same lot as, a principal
use.
A property having a contiguous property boundary with a separate
property, including properties with any amount of opposite front,
rear or side yard areas that are separated by a right-of-way, alley,
or easement.
Any change, addition, or modification in construction or
occupancy of an existing structure.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders.
A change in the regulations and provisions of the Forty Fort
Borough Zoning Ordinance, including changes to boundaries of zoning
districts as provided upon the Zoning Map.[1]
A place where three or more animals, either agricultural
or domesticated, are buried or cremated. This term includes crematories,
mortuaries and mausoleums.
A building or structure used for the treatment of domesticated
animals by a veterinarian or other medical practitioner licensed by
the state, with short-term boarding incidental to the treatment.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(disc) or any other wireless antenna. An antenna shall not include
tower-based wireless communication facilities which are defined separately
within this chapter.
The person or entity filing an application under this chapter.
Construction plans prepared after the completion of construction,
by the engineer of record, in such a manner as to accurately identify
and depict the location and design of all on-site improvements, which
includes but is not limited to streets, structures, parking facilities,
stormwater detention/retention areas, curbs, sidewalks and any other
facilities approved for the subject development. As-built drawings
shall be sealed by the engineer of record.
(Also see "junkyard.")The dismantling or wrecking of junked
motor vehicles or trailers, or the storage, sale, or dumping of dismantled
or junked vehicles or their parts. The presence on any lot or parcel
of land of two or more motor vehicles, which for a period exceeding
30 days, have not been capable of operating under their own power
and from which parts have been or are to be removed for reuse or sale,
shall constitute prima-facie evidence of an automobile wrecking yard.
A building where repairs, improvements and installation of
parts and accessories for motor vehicles are conducted that involves
work that is more intense in character than work permitted under the
definition of "gas station, limited-service." An auto repair garage
shall include, but not be limited to, any use that involves any of
the following work: both minor and major mechanical overhauling, paint,
and body work. In addition, any use permitted under the definition
of a "gas station, limited-service" is also permitted as part of an
automotive repair garage.
The use of any building, structure or land, other than a
street, for the display and sale or rental of motor vehicles, which
are in operable condition. The owner/operator of this business must
have a valid state license for the sale or rental of such motor vehicles.
Any related repair shall be conducted within an enclosed building
and shall be an accessory use.
An owner-occupied dwelling containing units which are rented
on a nightly basis for periods of less than a week. Dining and other
facilities shall not be open to the public, but shall be exclusively
for the use of the residents and registered guests. Breakfast shall
be the only meal served. Such rooms shall not have separate utilities,
provisions for cooking or dormitories for sleeping and must be located
within the principal structure.
A structure, or portion thereof, which contains rooming units
which are rented or leased, with the occupants of said unit being
nontransient, and utilizing said location as their legal place of
residence. A structure or portion thereof shall be classified as a
boarding/rooming house if any or all of the following applies:
Individual room(s) that do not meet the definition of a dwelling
unit are rented for habitation by a total of two or more persons who
are not "related" to the owner of record of the property; or
A dwelling unit that includes a greater than the permitted maximum
number of unrelated persons (see the definition of "family"); or
If individual units of living space not meeting the definition
of a dwelling unit are separately rented to person(s) who are not
"related" to the owner of record of the property. If a dwelling unit
is rented, there shall not be more than one lease among all of the
occupants. Individual leases among occupants shall be deemed to have
the dwelling unit classified as a boardinghouse/rooming house.
A boardinghouse shall not include the following uses: any other
form of communal living arrangements, a substance abuse treatment
facility, an abused persons shelter, a hotel, dormitory, motel, assisted
living center, bed-and-breakfast use, group home or nursing home.
A boarding/rooming house may either involve or not involve the providing
of meals to residents.
An establishment operated for profit or pecuniary gain which
has a capacity for the assemblage of 20 or more persons and in which
alcoholic liquors, alcohol or malt or brewed beverages are not legally
sold but where alcoholic liquors, alcohol or malt or brewed beverages
are either provided by the operator or agents or employees of the
operator for consumption on the premises or are brought into or kept
at the establishment by the patrons or persons assembling there for
use and consumption. The term shall not include a license under the
Act of April 12, 1951 (P.L. 90, No. 21), known as the "Liquor Code"[2]or any organization as set forth in Section 6 of the Act
of December 19, 1990 (P.L. 1200, No. 202), known as the "Solicitation
of Funds for Charitable Purposes Act."[3] Said club shall not be operated in a manner in which it
could also be classified as either an after hours club or a sexual
oriented business as so defined by this chapter.
A method of improvements designed to separate and substantially
obstruct the view of two adjacent land uses or properties from one
another. Unless specified otherwise, for the purpose of this chapter
when a buffer area is required it shall be deemed to represent a solid
fence or stone wall with cork fitting, eight feet in height with two
staggered rows of evergreen trees planted in front of the fence with
the spacing distance between trees not less than eight feet nor greater
than 10 feet. Said trees shall be not less than eight feet in height
at the time of planting. A buffer area shall not be occupied by any
building, parking, outdoor storage or any use other than open space
and approved vegetative plantings.
Any structure having a roof supported by columns or walls
and intended for shelter, housing or enclosure of persons, animals,
or property.
BUILDING, ACCESSORYA subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
BUILDING COVERAGEThe horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING ENVELOPEAn area of a lot upon which development may occur. Excluding deed restrictions, covenants, easements or other site conditions, the governing minimum setback requirements for a given zoning district establishes the building envelope.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUILDING HEIGHTThe vertical distance of a building measure from the average elevation of the proposed finished grade within 20 feet of the structure to the highest point of the roof for flat roofs; to the deck line of mansard roofs and to the average height between eaves and the ridge for gable, hip and gambrel roofs.
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An area of land and/or a structure with machine- or hand-operated
facilities used principally for the interior and/or exterior cleaning,
washing, polishing, or waxing of motor vehicles.
A roofed structure opened on two or more sides and used for
the storage of private motor vehicles. It may be constructed as a
separate accessory structure or part of the principal structure.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including chapels, crematories,
mausoleums, and mortuaries when operated in conjunction with and within
the boundaries of such cemetery.
A statement, form or similar written documentation signed
by the Zoning Officer, setting forth that a building, structure, or
use upon inspection of the property complies with the Zoning Ordinance
and the same may be used for the purposes stated on the approved zoning
permit application. Said certificate shall not be construed in any
manner to certify or warranty the safety as related to the construction
of a building, structure, or use.
Any use which differs from the last previously approved use
of a building, structure or land.
See "place of worship."
The mounting of one or more wireless communication facilities
(WCFs), including an antenna, on an existing tower-based WCF, or on
any structure that already supports at least one non-tower WCF.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those separate portions, in accordance with
the Pennsylvania Uniform Condominium Act 1980-82,[4] as amended.
An age-restricted residential facility, as defined in current
state licensing requirements, designed, operated and maintained to
provide a continuum of accommodations and care for retired adults
that may include:
A continuing care facility may also include supporting services
and facilities that encompass dinning, recreational and social activities
limited to residents within said facility.
A lot, building, or part thereof, used to store materials
used by a contractor in the construction of a road, highway, structure
or building, landscaping or utilities.
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same.
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same, along with the retail sales of gasoline and related fuel
products, but excluding any type of automotive repairs.
An area with one or more of the following characteristics:
stream corridors, streams, floodplain areas, wetlands, slopes which
equal or exceed 15%, soils classified as highly acidic or highly erodible,
soils classified as having a high water table, land and associated
soils which display poor percolation, mature stands of native vegetation
and aquifer recharge and discharge area.
The provision of out-of-home care for children or adults
for part of a twenty-four-hour day, excluding the care provided by
relatives.
ADULT DAY-CARE CENTERA facility licensed by the state providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four-hour day.
CHILD DAY-CARE CENTERA premises in which child day care is provided simultaneously for seven or more children who are not relatives of the provider of the child day care home, where such facility is subject to Pennsylvania Department of Public Welfare supervision or licensing under the Pennsylvania Public Welfare Code.[5]
FAMILY DAY CARE HOMEA premises in which child day care is provided at any one time to between four to six children who are not relatives of the provider of the child day care, where such facility is required to be registered with the Pennsylvania Department of Public Welfare under the Pennsylvania Public Welfare Code.[6]
GROUP DAY CARE HOMEA state-licensed facility in which care is provided for more than six but less than 12 children, at any one time, if care is provided in a facility where the child care areas are being used as a family residence.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this act to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be subject to appeal to the Court
of Common Pleas of Luzerne County.
Any man-made improvements to improved or unimproved real
estate. The construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or structure, any mining,
dredging, filling, grading, paving, excavation, drilling, land disturbance
and any use or extension of the use of land shall be deemed to constitute
a development.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in an automobile.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having a frontage
on the road.
One or more rooms, designed, occupied or intended for occupancy
as separated 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, SINGLE-FAMILYA detached building arranged or used for occupancy by one family. A mobile home or similar manufactured housing unit which is permanently attached and anchored to a permanent foundation shall be deemed to be a single-family dwelling unit.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.
DWELLING, MULTIPLEA building containing three or more dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar. The term "townhouse" is excluded under this term (see definition of "townhouse").
TOWNHOUSEA residential structure constructed as a single entity containing a row of more than two single-family attached dwelling units but not more than six single-family attached dwelling units, whereby each unit may be sold as an individual single-family attached unit, with each unit having a lot under individual or association ownership. Each unit shall have its own front and rear access to the outside and may have a common or public open space, such as an off-street parking area, yard area, recreational area, or similar common area. No dwelling units shall be located over another unit and each unit shall be separated from another unit by one or more party walls without openings.
MOBILE HOMEA manufactured home is built to the Manufactured Home Construction and Safety Standards (HUD Code) and displays a red certification label on the exterior of each transportable section. Manufactured homes are built in the controlled environment of a manufacturing plant and are transported in one or more sections on a permanent chassis, 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.
One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family
with separate toilet facilities and separate cooking facilities for
exclusive use by the family residing therein.
Any construction or other activity which disturbs the surface
of the land including but not limited to excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth. Any construction
or activity resulting in an earth disturbance shall be subject to
the governing regulations of the Forty Fort Borough Stormwater Management
Ordinance.[8]
A legally recorded grant of one or more of the property rights
by the property owner to and/or for the use by the public, a corporation,
or another person or entity.
A publicly owned building for the housing of fire, emergency
medical or police equipment and for related activities.
Commercial establishments engaged in providing indoor entertainment
for a fee or an admission charge, including but not necessarily limited
to a movie theater, live theater performances, an arcade, bowling
alley, billiard hall, roller skating rink or similar facilities.
A report and/or series of reports on the effect of a proposed
development or major action which may significantly affect the environment
and associated features thereunder.
Removal or recovery by any means whatsoever of soil, rock,
minerals, mineral substances or organic substances other than vegetation,
from water or land on or beneath the surface thereof, or beneath the
land surface, whether exposed or submerged.
A structure or place which is built, installed, or established
to serve a particular purpose.
Any number of individuals related by blood, marriage or legal
adoption, including foster children, occupying a dwelling unit as
their domicile as a single nonprofit housekeeping unit. A family shall
also be deemed to include not more than four unrelated persons occupying
a dwelling unit as their domicile and living as a single, nonprofit
housekeeping unit. Such unrelated individuals shall have the right
to occupy a dwelling unit in the same manner and to the same extent
as any family unit as defined in the first sentence of this definition.
A family does not include a group living in a boardinghouse
or hotel, or fraternities, sororities, and clubs, or other forms of
congregate living arrangements, except as otherwise provided herein.
Federal Communications Commission.
The governing Floodplain Management Ordinance[9] for Forty Fort Borough.
A structure functioning as a boundary or barrier constructed
of materials recognized by the fencing industry. Hedges, shrubbery
and/or similar vegetation shall not be deemed or considered to be
a fence.
Unless specified otherwise, it represents the sum of the
gross horizontal areas of the several floors of a building measured
from the exterior faces of the exterior walls or from the center line
of walls separating two buildings but not including: 1) attic or basement
storage space; 2) mechanical utility equipment areas; 3) stairs.
The interior floor area of a dwelling, including stairways,
halls, and closets but not including basements, porches, garages,
breezeways, or carports.
The management of forests and timberlands when practiced
in accordance with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes which does not involve any land development.
The length of any one property line of a premises, where
said property line abuts a legally accessible street right-of-way.
A building for the private use of the owner or occupant for
the storage of motor vehicles with no facilities for mechanical service
or repair of a commercial or public nature.
A place of business where products and produce are sold to
the general public. These centers may include a nursery and/or greenhouses,
plants, nursery products and stock, potting soil, hardware, power
equipment and machinery, hoes, rakes, shovels, and other garden and
farm variety tools and utensils.
A facility limited to retail sales to the public of gasoline,
motor oil, lubricants, motor fuels, travel aides, and minor automobile
accessories. In addition, such a facility may provide minor vehicle
servicing, minor repairs, and maintenance, excluding those services
provided under the definition of "automotive repair garage."
Any use considered to be inconsistent with the public comfort,
convenience, health, safety, and general welfare, including the following:
fire and explosion hazards; electrical and radioactive disturbances;
noise and vibration; dust, dirt, and fly ash; glare; smoke and odors;
and other forms of air pollution.
Any use operated or conducted in a manner which directly or
indirectly endangers the public health, safety and/or welfare, including
but not limited to having a detrimental effect on adjoining properties
or the use of properties within the general neighborhood.
A property in a continuing state of disrepair that is not fit
for human habitation and/or occupancy with the potential to attract
vermin and/or deemed to be a fire hazard to adjoining properties.
A property that contains trash, junk and/or one or more junked
vehicles.
Borough Council of Forty Fort Borough, Luzerne County, Pennsylvania.
The slope of a road, street or other public or private way,
specified in percentage (%) terms.
Any stripping, gutting, filling, stockpiling of earth or
land, including the land in its cut or filled condition.
A surface that is considered to be impervious when the intended
use of the stone is for transportation purposes, parking areas, construction
areas, trails, or if the gravel is compacted at any time during or
after its placement; landscaping stone is not considered as impervious
area.
A building for the growing of flowers, plants, shrubs, trees
and similar vegetation which are not necessarily transplanted outdoors
on the same lot containing such greenhouse, but are sold directly
from such lot at wholesale or retail.
A dwelling unit shared by more than four individuals, who
are not related by blood, marriage or legal adoption, occupying the
premises as their domicile and living together as a single nonprofit
housekeeping unit. The term "group home" shall not include:
A boardinghouse and/or a personal care home.
A facility providing shelter and/or rehabilitative care or treatment
of persons for alcoholism and/or addiction to a controlled substance.
A facility for persons released from or under the jurisdiction
of a governmental bureau of corrections or similar institution, including,
but not limited to, a halfway house or other housing facilities serving
as an alternative to incarceration.
A state-licensed facility providing supervised services,
counseling and life skills training to assist persons in readjusting
to society and to live independently following a period of institutionalized
treatment, imprisonment or hospitalization.
Any material regulated by the Pennsylvania Department of
Environmental Protection which requires the issuance of a permit by
DEP that, by reason of its quantity, concentration, or physical, chemical
or infectious characteristics, may:
Cause, or significantly contribute to, an increase in mortality
or an increase in a serious irreversible or incapacitating illness.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
This definition shall be deemed to include substances that are
radioactive material, medical waste, explosives and blasting agents,
compressed gases, flammable and combustible liquids, flammable solids,
organic peroxides, oxidizers, pyrophoric, materials, unstable (reactive)
materials, water-reactive solids and liquids, cryogenic fluids, highly
toxic and toxic materials, corrosives, carcinogens, irritants, sensitizers,
and other hazardous substances. This term also includes the list of
extremely hazardous substances set forth in 29 CFR Part 355 or any
successor provisions.
An indoor facility where active exercise and related activities
are performed utilizing weight control or muscle building equipment
or apparatus for the purpose of physical fitness. Said facility may
also include game courts, swimming facilities, saunas and massage
rooms.
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antenna mounted on the tower in any other appurtenances.
A permit, issued by the Pennsylvania Department of Transportation
or any other level of government which authorizes access from a parcel
of land onto a street or highway which is under its respective jurisdiction.
An occupation, profession, activity, or use that is clearly
a customary, incidental, and secondary use of a residential dwelling
unit and which does not alter the exterior of the property or affect
the residential character of the neighborhood.
Residences of clergymen, architects, landscape architects,
professional engineers, professional planners, registered land surveyors,
lawyers, real estate agents, financial consultants, artists, teachers,
musicians, or persons in other recognized professions used to conduct
their professions where the office use is incidental to the residential
use of the premises. The following uses and/or services, including
those which are similar in nature, are excluded from the classification
as a home office: hair stylists, barbers, massage parlors, tanning
salons, health spas, beauty spas, nutrition and weight management
services, manicure and pedicure services, animal grooming services,
body piercing and body painting services.
A water pipe, or a similar single or multistemmed instrument
for vaporizing and smoking flavored tobacco products.
An establishment where patrons smoke tobacco products from
a hookah.
An institution, licensed by the State Department of Health,
providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury,
deformity, and other abnormal physical or mental conditions, and including
as an integral part of the institution, related facilities such as
laboratories, outpatient facilities, or training facilities.
(See "motel.")A facility offering transient lodging accommodations
on a daily rate to the general public and providing additional services,
such as restaurants, meeting rooms, and recreational facilities.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
A study and/or report, which may be required at the discretion
of the Borough Council or Zoning Hearing Board prior to approval of
a conditional use or a special exception use, as the case may be,
to determine the potential impact of the proposed use on activities,
utilities, traffic generation and circulation, surrounding land uses,
community facilities, environmental features, and the public health,
safety and welfare and other factors which may be directly or potentially
affected. The applicant shall be responsible for all costs related
to any and all report and/or studies required by the Borough Council
or the Zoning Hearing Board, as the case may be, under or within the
context of the term "impact analysis."
Any material and/or development that substantially reduces
or prevents the infiltration of stormwater into previously undeveloped
land as further defined by the Forty Fort Borough Stormwater Management
Ordinance.[10]
A permanent surface that prevents the infiltration of water
into the ground. Impervious surfaces include, but are not limited
to, streets, sidewalks, pavements, parking lots, driveways, roofs,
stone patios. See definition of "gravel (crushed stone)" for when
gravel classifies as impervious area.
Man-made physical additions, alterations, and/or changes
which become part of, placed upon, or affixed to real estate.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of, or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions
and having potential to produce noise, dust, glare, odors or vibration
beyond its property line.
Uses engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
or distribution of such products. Further, "light industrial" shall
mean uses such as the manufacture of electronic instruments, preparation
of food products, pharmaceutical manufacturing, research and scientific
laboratories, or the like. Light industry must be capable of operation
in such a manner to control the external effects of the manufacturing
process, such as smoke, noise, soot, dirt, vibration, odor, etc. Light
industry shall not include uses such as mining and extracting industries,
petrochemical industries, rubber refining, primary metal and/or any
form of basic industrial processing, including but not limited to
the use of hazardous materials.
A facility, as defined under current state licensing requirements,
that provides nursing care and related medical or other personal health
services to patients on a planned program of care and administrative
management, supervised on a continuous twenty-four-hour basis in an
institutional setting.
Any vehicle, including a trailer, which does not bear current
license and inspection stickers or is incapable of being moved under
its own power, or presents a hazard or danger to the public by virtue
of its state or condition of disrepair. The following conditions,
which are not exclusive, are examples of what may constitute a state
or condition of disrepair to classify a vehicle to be a junked vehicle.
Rusted and/or jagged metal on or protruding from the body of
a vehicle;
Deflated tires;
Broken glass or windows on or in the vehicle;
Leaking of any fluids from the vehicle;
Unsecured and/or unlocked doors, hood or trunk;
Storage or placement of the vehicle on concrete blocks;
Harboring or rodents, insects or other pests.
(See also "automobile wrecking yard.") An open area where
wastes or used or secondhand materials are bought, sold, exchanged,
stored, processed, or handled. Materials shall include but are not
limited to scrap iron and other metals, paper, rags, rubber tires,
and bottles. An automobile wrecking yard is also considered a junkyard.
Any activity, which exposes soils, alters topography and/or
alters wooded vegetation, except for removal of a safety hazard, diseased
trees, or invasive vegetation.
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A building and/or use of property, whether located in a single
building or combination of buildings, which has a gross floor area
in excess of 10,000 square feet in the aggregate. The term "gross
floor" within the context of this definition shall include both indoor
and outdoor space, utilized for the retail display and sale of goods.
A business that provides home-type washing, drying, and/or
ironing machines for hire to be used by customers on the premises.
A nonprofit facility open to the general public in which
literary, musical, artistic, or reference materials such as but not
limited to books, manuscripts, computers, recordings, or films are
kept for use by or loaning to patrons of the facility, but are not
normally offered for sale.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit, for principal and accessory buildings or
structures.
The total horizontal area within the lot lines of a lot.
The area of land contained within the limits of the legally
described property lines bounding the lot.
A lot abutting on and at the intersection of two or more
streets.
Determined by dividing that area of a lot which is occupied
or covered by the total horizontal projected surface of all buildings,
including covered porches and accessory buildings and structures,
by the gross area of that lot.
The average horizontal distance between the front and rear
lot lines.
The length of any one property line of a premises, which
property line abuts a legally accessible street right-of-way.
A line dividing one lot from another lot or from a street
or alley.
The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line. A lot
bounded by only three lines will not have a rear lot line.
Any lot line not a front or rear lot line.
A lot which exists as shown or described upon a plat or deed
and duly recorded in the Office of the Recorder of Deeds of Luzerne
County, Pennsylvania, on the effective date of the adoption of this
chapter.
A lot having its front and rear yards each abutting on a
street.
The horizontal distance between side lot lines, measured
at the required front setback line.
Any facility that uses machine tools, including but not limited
to lathes, milling machines, shapers, planers, hobbers, drill presses,
and jig borers, for working with metals or other relatively hard materials,
such as some polymers. Typically machine shops make and repair all
types of metal objects, from machine tools, dies, and molds to mass-produced
parts such as screws, pistons, or gears.
A manufactured home (formerly known as a mobile home) is
built to the Manufactured Home Construction and Safety Standards (HUD
Code) and displays a red certification label on the exterior of each
transportable section. Manufactured homes are built in the controlled
environment of a manufacturing plant and are transported in one or
more sections on a permanent chassis. A manufactured housing unit
which is attached and anchored to a permanent foundation shall be
deemed to be a single-family dwelling unit.
A parcel or contiguous parcels of land, which has been planned
and improved for the placement of two or more manufactured homes.
An establishment or business operated by a medical practitioner,
chiropractor or professional physical therapist licensed by the state
which provides the services of massage and body manipulation, including
exercises, heat and light treatments of the body, and all forms and
methods of physiotherapy.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A facility comprised of professional offices, for the examination
and treatment of persons as outpatients by state-licensed physicians,
dentists, chiropractors or other licensed medical specialists, in
which said medical practitioners may or may not work in cooperative
association. Said clinics may provide medical services customarily
available at hospitals, excluding overnight care of patients and twenty-four-hour
emergency service. Satellite hospital facilities which do not include
facilities for the overnight stay of patients are also included in
this use category. Such treatment may include day surgery, out-patient
surgery, magnetic resonance imaging centers and similar uses, but
they may not include drug rehabilitation facilities or drug treatment
centers other than for the medical treatment of persons requiring
medical treatment for traumatic conditions resulting from abusing
and/or overdosing on legal or illegal controlled substances. This
use may involve the testing of tissue, blood or other human materials
for medical or dental purposes.
A facility operated by a person, corporation, partnership,
association, trust or other entity or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana.
A facility operated by a person, corporation, partnership,
association, trust or other entity or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health to
grow and process medical marijuana.
A facility licensed by the Pennsylvania Department of Health
to use the drug methadone in the treatment, maintenance or detoxification
of persons.
A structure which contains two or more distinctly separate
uses such as a commercial use and a residential use.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of the structure, to
support communications antenna and connecting appurtenances.
(See also "hotel.") A building or group of buildings containing
apartments and/or rooming units, each of which maintains a separate
outside entrance. Such building or group of buildings is designed,
intended, or used primarily for the accommodations of automobile travelers
and provides automobile parking conveniently located on the premises.
Forty Fort Borough, Luzerne County, Pennsylvania.
A commercial establishment dispensing alcoholic beverages
for consumption on the premises and in which dancing is permitted,
including the term "cabaret." This term does not include any adult
use.
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 with those normally associated with
a residential use.
All non-tower wireless communications facilities, including
but not limited to antenna and related equipment. Non-tower WCF shall
not include support structures for antenna or any related equipment
that is mounted to the ground or at ground level.
A lot area or dimension of which was lawful prior to the
adoption or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extend of use provisions in the
Zoning Ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in the Zoning Ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment to its location
by reason of annexation.
Buildings or facilities, normally owned and/or operated by
a nonprofit or civic organization used by a recreational, civic, social,
fraternal, religious, political or labor union association of persons
for meetings and routine socializing and recreation that is limited
to bona fide members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business. The club shall involve a meaningful and
substantial membership system, as opposed to a token system. Said
private club shall not be operated in a manner in which it could also
be classified as a bottle club, and/or a sexual oriented business
as so defined by this chapter.
Relying totally on an individual (standalone) system of solar
panels, charge controller, batteries, and inverter to generate electricity.
PROFESSIONAL OFFICEAn office (other than a service office) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, veterinarians, engineers, artists, musicians, teachers, and others who, through training, are qualified to perform services of a professional nature.
SERVICE OFFICEAn office in which are offered services by real estate agents, travel agents, insurance agents, accountants, public stenographers, brokers, or others who, through training, are duly qualified to perform services of an executive nature as distinguished from a professional office.
The placing, storing or keeping, in an unenclosed area, goods,
materials, merchandise, equipment or vehicles which are related to
the operation of a commercial use, excluding the storage of solid
waste, hazardous substances, refuse, junk and junked vehicles.
A fuel-burning device designed: 1) to burn clean wood or
other approved solid fuels; 2) by the manufacturer specifically for
outdoor installation or installation in structures not normally intended
for habitation by humans or domestic animals (e.g., garages); and
3) to heat building space and/or water via distribution, typically
through pipes of a fluid heated in the device, typically water or
a water/antifreeze mixture. Outdoor wood-fired boilers are also known
as outdoor wood-fired furnaces, outdoor wood-burning appliances, or
outdoor hydronic heaters, etc.
An unobstructed space or area other than a street or alley
that is permanently reserved and maintained for the parking of one
motor vehicle.
Energy used to convert sunlight into usable heat, cause air
movement for ventilation or cooling, or store heat for future use.
A level surfaced area directly adjacent to a principal building
constructed above the existing grade which has an average elevation
of not more than 30 inches, and without walls or a roof.
A roofed structure, which may be attached to the principal
structure, open on three or more sides, excluding screening designed
for outdoor recreational use. When attached to the principal structure,
setback requirements applicable to the principal structure shall apply.
A support for a building or structure, reaching below the
frost line, consisting of a full poured concrete or masonry foundation
or any other type which is permitted under the design standards of
the Pennsylvania Uniform Construction Code, on which the building
or structure is anchored and is intended to remain indefinitely.
Any use which is specifically authorized in a particular
zoning district.
Any enterprise conducted for gain, which primarily offers
services to the general public, such as shoe repair, valet service,
watch repairing, hair stylists, barbers, tanning salons, beauty spas,
manicure and pedicure services, animal grooming services and similar
services.
A facility, as defined under current state licensing requirements,
in which food, shelter and personal assistance or supervision are
provided for a period exceeding 24 consecutive hours for more than
three adults who are not relatives of the operator of the facility
and who require assistance or supervision in such matters as dressing,
bathing, diet or medication prescribed for self-administration but
who do not require hospitalization or care in a skilled nursing or
intermediate care facility.
A business that reproduces drawings, plans, maps, or other
copy by means of blueprinting or photocopying.
A building or portion thereof used for religious services
either on a permanent or periodic basis, including churches, synagogues,
mosques and similar edifices.
The Planning Commission of Forty Fort Borough.
The main use of land or structures, as distinguished from
a secondary or accessory use.
Anything owned or operated by any department or branch of
the federal government, state government, county government or municipal
government.
Any building and/or facility held, used or controlled exclusively
for public purposes by any department or branch of government; federal,
state, county, or municipal.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[11]
A formal meeting held pursuant to public notice by the governing
body, Planning Commission or Zoning Hearing Board, which is intended
to inform and obtain public comment prior to taking action on a particular
subject matter or development.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Telephone, electric and cable television lines, equipment
structures; water or gas pipes, mains, valves, or other structures,
pumping stations; telephone exchanges and all other facilities, equipment
and structures necessary for conducting a service by a public utility,
under the jurisdiction of the Pennsylvania Public Utility Commission,
in accordance with Section 619 of the Pennsylvania Municipalities
Planning Code,[12] Act 247, as amended.
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.
Recreational facilities operated as a business and open to
the public for a fee.
Recreational facilities other than commercial or public,
not operated for a profit, and only open to its members and their
guests.
Recreational facilities operated by a governmental entity
and open to the general public.
A vehicular type portable structure without a permanent foundation
that can be towed or driven and primarily designed as temporary living
accommodations for recreational, camping, and travel use including,
but not limited to, travel trailers, truck campers, camping trailers
and self-propelled motor homes.
A facility licensed by DEP which is limited to the collection,
separating and processing of used material prior to shipment to others
who will use those materials to manufacture new products. Hazardous
or toxic substances shall not be accepted, located and or stored at
such a facility. This definition shall not be construed to include
a junkyard.
Any piece of equipment related to, incidental to, or necessary
for, the operation of a tower-based WCF or non-towered WCF. By way
of illustration and not limitation, related equipment includes generators
and base stations.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceedings upon request,
with copies thereof provided at the cost of reproduction.
A business establishment whose principal business is the
selling of unpackaged food to the customer in a ready-to-consume state,
in individual servings, or in nondisposable containers, and where
the customer consumes these foods while seated at tables or counters
located within the building.
An establishment selling products as opposed to services
or entertainment to the general public, such as antique shop; appliance
store; artist, music, and automotive parts store; beverage packaging
store; building or plumbing supplies; crafts and hobby supplies; clothing
store; dairy products store; dry goods and variety stores; florist;
garden supplies; hardware store; newspapers, books and stationary
products; office furniture, equipment and supplies; paintings and
photography store; pet store; pharmacy; specialty gifts; sporting
goods store; and other establishments selling related products.
A defined and designated area for vehicular or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, which usually include cartways,
shoulders, and sidewalks.
Land that is traversed or bounded by a natural watercourse.
A room or rooms, in a boardinghouse/rooming house, forming
a single habitable unit intended for living quarters but lacking separate
bathroom and toilet facilities and/or cooking facilities for exclusive
use by the occupant or occupants of the rooming unit.
A noncommercial device incorporating a reflective surface
that is solid, open mesh, or bar configured and is in the shape of
a shallow dish, cone, or horn. Such device shall be used to receive
radio or electromagnetic waves between terrestrial- and/or orbital-based
uses. A satellite dish antenna that does not exceed three feet in
diameter and is attached to a building shall be exempt from securing
zoning approval.
A facility that provides a curriculum of elementary and secondary
academic instruction, including kindergartens, elementary schools,
junior high schools, and high schools that are licensed by the state
as such.
The method by which a view of one site from another adjacent
site is shielded, concealed, or hidden. Screening techniques include
fences, wall, hedges, berms, or other features.
The actual seating capacity of an area based upon the number
of seats or one seat per 18 inches of bench of pew length. For other
areas where seats are not affixed, the seating capacity shall be determined
by the applicable standards of the most recent Pennsylvania Uniform
Construction Code.[13]
A building or group of buildings in a controlled access and
fenced compound that contains varying sizes of individual, compartmentalized,
and controlled access stalls or lockers for the storage of customers'
goods or wares. The units shall be used solely for dead storage of
nonhazardous materials and no processing, manufacturing, sales, research
and development, service or repair, or other storage activities shall
occur.
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
SEXUALLY ORIENTED BOOKSTOREAn establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
SEXUALLY ORIENTED ENTERTAINMENTA nightclub, bar, tavern, restaurant, club or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE PARLORAn establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
SPECIFIED ANATOMICAL AREASAs used herein, "specified anatomical areas" means and includes any of the following: 1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or 2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESAs herein, "specified sexual activities" means and includes any of the following: 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection with any of the activities set forth as a sexually oriented use.
A grouping of retail business and service uses on a single
site with common parking facilities.
Any dwelling unit within a residential dwelling unit or a
residential dwelling unit rented for the purpose of overnight lodging
for a period of not less than one day and not more than 30 days.
A structure or device designed or intended to convey information
to the public in written or pictorial form.
A plot or parcel of land or combination of contiguous lots
or parcels of land.
A plan prepared to scale, showing accurately and with complete
dimensions, the boundaries of a site and the location of all buildings,
structures, uses, and features proposed for a specific parcel of land.
A facility, as defined under current state licensing requirements,
that provides nursing care and related medical or other health services
for a period of 24 hours or more for individuals not in need of hospitalization,
but who because of age, illness or other infirmity, require high-intensity
comprehensive planned nursing care.
A plan that indicates necessary land treatment designed to
effectively minimize soil erosion and sedimentation measures requiring
approval by the Luzerne County Conservation District.
A building's ability to receive the benefits of the
sun's rays without obstruction from neighboring buildings, structures,
plants, and trees.
A ground-mounted solar collection system consisting of a
linked series of photovoltaic modules.
A panel or other solar energy device, the primary purpose
of which is to provide for the collection, inversion, storage and
distribution of solar energy for electricity generation, space heating,
space cooling or water heating.
An easement of direct sunlight which may be acquired over
the land of another by express grant or covenant.
Radiant energy (direct, diffuse, and reflected) received
from the sun.
The equipment and requisite hardware that provide and are
used for collecting, transferring, converting, storing, or using incident
solar energy for water heating, space heating, cooling, generating
electricity, or other applications that would otherwise require the
use of conventional source of energy such as petroleum products, natural
gas, manufactured gas, or electricity produced from a nonrenewable
resource.
Any solar collector or other solar energy device or any structural
design feature whose primary purpose is to provide for the collection,
storage and distribution of solar energy for space heating or cooling,
for water heating or for electricity that may be mounted on a building
or on the ground and is not the primary use of the property.
A commercially operated solar energy system that is principally
used to convert solar radiation to electricity to supply electricity
to off-site customer(s), including but not limited to a solar farm.
A system for the production of electrical energy that: a)
uses as its fuel solar power; b) is located on the power beneficiary's
premises; c) is intended primarily to offset part or all of the beneficiary's
requirements for electricity; and d) is secondary and accessory to
the beneficiary's use of the premises for other lawful purpose(s).
A commercially operated facility or area of land principally
used to convert solar radiation to electricity to supply electricity
to off-site customer(s).
Electromagnetic radiation emitted by the sun.
Situating a building to optimize exposure to the winter sun
for passive heating and lighting, while reducing this exposure to
the summer sun to minimize overheating.
Using the sun directly to heat water in homes and swimming
pools.
A use which may only be permitted in a particular zoning
district by special approval, granted by the Zoning Hearing Board
in accordance with the applicable provisions of the chapter.
A wind energy conversion system that is incidental and subordinate
to another use on the same parcel and supplies electrical power solely
for on-site use, which is intended to primarily reduce consumption
of utility power at that location and not for resale.
Camouflaging methods applied to wireless communication towers,
antenna and other facilities which rendered 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 antenna, building-mounted antenna painted to
match the existing structure, and facilities constructed to resemble
trees, shrubs and light poles.
The governing Stormwater Management Ordinance for Forty Fort
Borough.[14]
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, the space between such floor and the ceiling
above. A basement shall be counted as a story if its ceiling equals
or exceeds five feet of the finished ground surface adjoining the
exterior walls of such story.
A public (dedicated) or private (undedicated) right-of-way,
whether or not improved, intended for use by vehicular and pedestrian
traffic.
Any man-made object, having an ascertainable stationary location
on or in land or water, whether or not it is affixed to the land.
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 for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devise, 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.
The official and most recent version of the Forty Fort Borough
Subdivision and Land Development Ordinance, as amended.[15]
A state-licensed facility which may provide detoxification
treatment services, counseling and residency for persons with a defined
substance abuse which includes overnight stays for patients.
A state-licensed facility for the treatment of persons who
abuse and/or are addicted alcohol, drugs and/or other controlled substances,
where such treatment does not include overnight stays.
A water-filled enclosure, having a depth of 24 inches or
greater, permanently constructed or portable, designed to be used
or intended to be used for swimming purposes by any family or persons
residing on the premises or their guests. The use shall not be operated
for financial gain and the use shall be considered an accessory use
to the dwelling on the lot thereon.
An establishment whose principal business activity is the
practice of one or more of the following:
Placing of designs, letters, figures, symbols, or other marks
upon or under the skin of any person, using ink or other substances
that result in the permanent coloration of the skin by means of the
use of needles or other instruments designed to contact or puncture
the skin;
Creation of an opening in the body of a person for the purpose
of inserting jewelry or other decoration.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade, which may or may not include
the sale of food and/or live entertainment.
Any structure that is used for the purpose of supporting
one more antenna, including but not limited to, self-supporting lattice
towers, guy towers and monopoles, utility poles and light poles. DAS
hub facilities are considered to be tower-based WCF.
A transport vehicle consisting of a semi-tractor and attached
trailer.
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A structure, building and/or land consisting of a storage
area, management and dispatch office and loading and unloading facilities
connected with receipt of delivery of freight shipped by truck.
A building and/or land used primarily for the maintenance
and storage of large commercial vehicles.
The distance measured from the surface of the tower's
foundation to the highest point of the turbine rotor plane at its
furthest vertical extension.
Any purpose for which a lot, building, or other structure
or a tract of land may be designated, arranged, intended, maintained,
or occupied; or any activity, occupation, business, or operation carried
on or intended to be carried on in a building or other structure or
on a tract of land.
A waiver granted by the Zoning Hearing Board from the terms and requirements of this chapter in accordance with § 27-1409 of this chapter.
A building used primarily for storage of goods and materials.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, excluding the bulk storage of materials
that are inflammable, explosive, hazardous, or commonly recognized
as offensive. This term does not include trucking facilities.
A permanent or intermittent stream, river, brook, creek,
or channel or ditch for collection and conveyance of water, whether
natural or man-made.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
Those areas that are inundated or saturated by the surface-
or groundwater at a frequency or duration sufficient to support, and
under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. Any area meeting the official
wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania
Department of Environmental Protection, as amended, shall be considered
a wetland for the purposes of this chapter. In the event the definition
of wetland accepted by the U.S. Army Corps of Engineers conflicts
with the definition of a wetland accepted by the Pennsylvania Department
of Environmental Protection, the more restrictive definition shall
apply.
A wind energy conversion system that is incidental and subordinate
to another use on the same parcel and supplies electrical power solely
for on-site use, which is intended to primarily reduce consumption
of utility power at that location and not for resale.
A machine designed for the purpose of converting wind energy
into electrical energy (commonly known as "wind turbine" or "windmill").
The term WECS shall be used interchangeably with the terms "wind turbine"
or "windmill," with said terms having the same meaning as a "wind
energy conversion system ("WECS")."
An electric generating facility, whose main purpose is to
supply electricity, consisting, of one or more wind turbines.
A wind energy conversion system that converts wind energy
into electricity through the use of wind turbine generator, and includes
the nacelle, rotor, tower, and pad transformer, if any.
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WIND TURBINE DIAGRAM
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Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite or
radio signals.
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Township-owned land or property.
The antenna, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing or accommodating
wireless communications services.
A freestanding structure, such as a tower-based wireless
communication facility or any other support structure that could support
the placement or installation of a wireless communication facility
if approved by the Borough.
An open space that lies between the principal building and
the nearest lot line. Such yard is unoccupied and unobstructed from
the ground up except for accessory buildings or projections which
are expressly permitted by this chapter.
A space extending the full width of the lot between the principal
building and the front lot line and measured perpendicular to the
building at the closest point to the front lot line.
A space extending the full width of the lot between the principal
building and the rear lot line and measured perpendicular to the building
at the closest point to the rear lot line.
The minimum open space between a lot line the yard line within
which no structure is permitted to be located except as otherwise
provided for in this Zoning Ordinance.
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SEE ILLUSTRATED EXAMPLES
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A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
from the side lot line to the closest point of the principal building.
A portion of Forty Fort Borough as illustrated upon the Official
Zoning Map,[16] within which certain uniform regulations and requirements
apply under the provisions of the Zoning Ordinance.
The Zoning Hearing Board of Forty Fort Borough, Luzerne County,
Pennsylvania.
The official map which is part of the Zoning Ordinance and
indicates and delineates the zoning districts of Forty Fort Borough,
Luzerne County, Pennsylvania.[17]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
[3]
Editor's Note: See 0 P.S. § 162.1 et seq.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[5]
Editor's Note: See 62 P.S. § 101 et seq.
[6]
Editor's Note: See 62 P.S. § 101 et seq.
[11]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[12]
Editor's Note: See 53 P.S. § 10619.
[13]
Editor's Note: See 34 Pa. Code, Chapters 401 through 405,
as amended.
[16]
Editor's Note: The Zoning Map is on file in the Borough offices.
[17]
Editor's Note: The Zoning Map is on file in the Borough offices.
