Words used in the present tense include the future. Words in
the masculine gender include the feminine and the neuter. The singular
includes the plural, and the plural the singular. The word "may" is
permissive. When used in this chapter, the following words, terms
and phrases shall have the following meanings, unless expressly stated
otherwise, or unless the context clearly indicates otherwise.
When terms, phrases, or words are not defined, they shall have
the meaning as defined in The Complete Illustrated Book of Development
Definitions, Fourth Edition, 2015 (H. S. Moskowitz, C. G. Lindbloom,
D. Listokin, R. Preiss, D.H. Merriam), or if not defined therein,
they shall have their ordinarily accepted meanings or such as the
context may imply.
For the purpose of this chapter, the following words, terms,
and phrases have the meaning indicated herein:
A flood that, on the average, is likely to occur once every
100 years and has a 1% chance of occurring each year.
The areas within the Township that have a 1% chance of being
flooded in any given year based upon the most recent data and maps
as provided by the Federal Emergency Management Agency.
Next to or adjacent to, and includes the words "directly
across from streets, natural features, and rights-of-way."
Forty-three thousand five hundred sixty square feet.
A state of being side by side, next to, adjoining, contiguous,
or abutting one to another, and includes the words "directly across
from streets, natural features, and rights-of-way."
The Zoning Officer for Dallas Township is designated as the
administrator under this chapter. The administrator is authorized
to accept and receive subdivision and land development plans and applications
for and on behalf of Dallas Township.
A public or private right-of-way affording secondary means
of access to abutting property.
A landowner or developer who has filed an application for
a subdivision or land development, including his heirs, successors
and assigns.
The highest elevation, expressed in feet above mean sea level,
of the floodwaters of a 100-year flood, as projected and delineated
upon the most recent official Flood Insurance Rate Map, published
by the Federal Emergency Management Agency.
A unit of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or any
other barrier to the continuity to development.
The Dallas Township Board of Supervisors, Luzerne County,
Pennsylvania.
Any structure built for the support, shelter, or enclosure
of persons, animals, or property of any kind.
The minimum distance as required in the Zoning Ordinance[1] between any building or structure, to the front, rear,
or side property.
The portion of a street right-of-way paved or unpaved intended
for vehicular use, including the travel way and shoulders.
An inlet designated to intercept and redirect surface stormwater.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of the street center lines.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site designed and intended
for the use and enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
or community facilities.
A nonprofit organization comprised of homeowners or property
owners, the function of which is to maintain and administer property
owned in common by members of the association or by the association,
to protect and enhance the value of the property owned individually
by each of the members. Homeowners' associations and condominium
associations are types of community associations.
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, as amended.[3]
A right or interest in land granted primarily for the preservation
of the land in its undeveloped state but which may allow limited compatible
uses such as agriculture and forestry.
The maps or drawings accompanying a subdivision or land development
plan and showing the specific location and design of improvements
to be installed in accordance with the requirements of this chapter
and in accordance with any terms or conditions as set forth by the
Planning Commission.
Luzerne County, Pennsylvania.
The Luzerne County Planning Commission.
A restriction on the use of land usually set forth in the
deed. A covenant usually runs with the land and the restrictions thereunder
are binding upon subsequent owners.
An area with one or more of the following characteristics:
A drain, ditch, or conduit not incorporated in a closed system,
that carries storm drainage water under a driveway, roadway, or railroad.
The Dallas Area Municipal Authority.
The deliberate appropriation of land by its owner for any
general and public use, reserving to himself no other rights than
those that are compatible with the full exercise and enjoyment of
the public uses to which the property has been devoted.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or caused to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation, or drilling operations.
The provisions for development included within an application
for a subdivision and/or land development, including all covenants
relating to use, location and bulk of buildings and other structure
intensity of use or density of development, streets, ways and parking
facilities, common open space, easements and public facilities. The
phrase "development plan" shall mean the written and graphic materials
referred to in this definition.
A portion of the territory of the Township within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
Any action which results in the cutting or removal of vegetation
on any land, and/or which results in the turning, displacement, grading
or removal of any soil.
Any area of land on which the vegetation has been cut or
removed, and/or where the soil has been turned, displaced, graded
or removed.
An easement required for the installation of stormwater sewers
or drainage ditches, and/or required for the preservation or maintenance
of a natural stream or water course or other drainage facility.
Any ditch, gutter, pipe, culvert, storm sewer or other structure
designed, intended, or constructed for the purpose of diverting surface
waters from or carrying surface waters off streets, public right-of-way,
parks, recreational areas, or any part of any subdivision, land development,
or contiguous land areas.
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.
A building or portion thereof used exclusively for residential
purposes, including one-family, two-family, and multiple-family dwellings,
but not including hotels and boardinghouses and dormitories.
One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family
with separate bathroom, toilet and sanitary facilities and facilities
for cooking and sleeping for exclusive use by the family residing
therein.
A single building containing three or more individual dwelling
units entirely separated by vertical walls or horizontal floors, unpierced
except by access to the outside or to a common cellar.
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit by one or more vertical common fire-resistant walls.
A residential building containing not more than one dwelling
unit.
A residential building containing two dwelling units entirely
separated from each other by vertical walls or horizontal floors,
excluding possible common access to enter/exit the building or for
access to a common cellar or basement.
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.
A 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 registered professional engineer licensed and registered
as such by standards established by the Commonwealth of Pennsylvania.
Last official action of the Planning Commission granting
approval of a subdivision or land development which has been granted
preliminary approval, after all conditions and requirements have been
met, including as applicable, the posting of an improvement bond to
guarantee the installation of all required improvements.
A financial guarantee which facilitates final plan approval and as in conformity with Article VII.
A lot with access to the bulk of the lot provided by a narrow
corridor from the adjoining public road.
A temporary condition of partial or complete inundation of
normally dry land areas occurring from the overflow of inland waters
and/or the unusual and rapid accumulation of runoff and surface waters
from any source.
The portion of a 100-year floodplain outside of the floodway,
as delineated upon the most recent Flood Hazard Boundary Maps as published
by the Federal Emergency Management Agency.
The most recent map, as published by the Federal Emergency
Management Agency, which delineates the boundaries of the floodway
and flood fringe of a 100-year floodplain.
The most recent map, as published by the Federal Emergency
Management Agency, which delineates areas of special flood hazards,
base flood elevations and applicable risk premium zones of a 100-year
floodplain.
Areas of land which are subject to inundation by waters of
a 100-year flood. The source of delineating the boundaries of a 100-year
floodplain shall be based upon the most recent maps of the Flood Insurance
Administration.
A combination of structural provisions, changes or adjustments
to properties and structures subject to flooding for the reduction
or elimination of flood damage to properties, water and sanitary facilities
and other utilities, structures and the contents of buildings.
The portion of a 100-year floodplain, as delineated upon
the most recent Flood Hazard Boundary Maps as published by the Federal
Emergency Management Agency, which is designated to carry and discharge
water and flow of a 100-year flood without increasing the water surface
elevation by more than one foot at any given point.
The Dallas Township Board of Supervisors.
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 permit, issued by Dallas Township, the PennDOT and/or the
Luzerne County Road and Bridge Department, which authorizes access
from a parcel of land onto a street or highway which is under its
jurisdiction.
A nonprofit organization comprised of homeowners or property
owners, planned and operated under negotiated and approved rules and
regulations, for the purpose of administering the needs of residents
through the maintenance of community owned property. This term is
synonymous with "property owners' association."
A study which may be required by the Planning Commission
prior to approval of a subdivision or land development to determine
the potential impact of a proposed development on activities, utilities,
traffic generation and circulation, surrounding land uses, community
facilities, environmental features, critical areas, the health, safety
and welfare of residents and other factors directly, indirectly or
potentially affected. The landowner and/or applicant shall be responsible
for all costs related to the any and all reports and/or studies required
by the Planning Commission under or within the context of the term
"impact analysis." The landowner and/or applicant shall also be responsible
to fully reimburse the Township for any engineering and/or other consulting
fees which are incurred for the review of any required studies or
reports.
Financial security which may be accepted by the township
to guarantee the installation of all required improvements, which
includes a letter of irrevocable credit, a cash deposit, an escrow
agreement or other similar collateral or surety agreements as approved
by the Township.
Man-made physical additions, alterations and/or changes,
including grading, filling or any earth disturbance activity, which
becomes part of, placed upon, or is affixed to real estate.
The improvement of one lot or two or more contiguous lots,
tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure.
The division or allocation of land or space, whether initially
or cumulatively, 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.
A subdivision of land.
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into more than three residential
units. Any conversion, described above, that is intended to be a condominium
shall be exempt from classification as a land development.
Any nonresidential use of land, with or without structures,
excluding agricultural use of land.
The development of a mobile home park or the expansion of an
existing mobile home park within the context of the definition of
said term as contained within this chapter.
Any nonresidential use of land which does not exceed 10,000
square feet of land disturbance is not considered a land development.
A land development which does not qualify or classify as
a minor land development.
A development of a parcel of land which contains not more
than two detached single family residential structures, whether developed
initially or cumulatively.
A person who is licensed and registered by the Commonwealth
of Pennsylvania, which qualifies said person to perform accurate field
measurements including the description and definition of land boundaries.
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 persons having a proprietary interest in land, shall be deemed
to be a landowner for the purpose of this chapter.
A designated parcel, tract or area of land established by
plat, subdivision, or as otherwise permitted by law, to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot, excluding any
street rights-of-way.
That portion of the lot that is covered by buildings and
structures.
The distance measured from the front lot line to the rear
lot line.
The length of the front lot line measured at the street right-of-way
line.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
A minor subdivision involving the revision or deletion of
one or more lot lines in such a way that all of the following are
true:
No new lots will be created beyond what was previously approved.
No additional street segments or significant changes in alignment
are proposed other than what was previously approved.
No additional nonconformities will be created under the Township
Zoning Ordinance.
No new land development will occur other than a land development
that was previously approved.
The lot line separating a lot from a street right of way.
The lot line opposite and most distant from the front lot
line, or in the case of triangular or otherwise irregularly shaped
lots, a line 10 feet in length entirely within the lot, parallel to
and at a maximum distance from the front lot.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated or as may be specified in this chapter. In the event of a curved
lot line, such lot width at the minimum prescribed front yard setback
line shall be measured along the curve. In the case of flag lots,
the width measurement shall not include the access corridor but shall
be made on the main portion of the lot.
 |
A lot or parcel of land abutting upon two or more streets
at their intersection, or upon two parts of the same street forming
an interior angle of less than 135°.
A lot extending between and having frontage on two streets
with vehicular access limited to one street. If the streets are of
different classification vehicular access is limited to the street
of the lesser classification.
A lot with access to the bulk of the lot provided by a narrow
corridor from the adjoining public road.
A lot other than a corner lot.
The smallest lot area established by the Zoning Ordinance[4] on which a use or structure may be located in a particular
zoning district.
A lot which fronts upon two parallel streets, or which fronts
upon two streets which do not intersect at the boundaries of the lot.
A transportable, single-family dwelling intended for permanent
occupancy, and contained in one unit, or two units designed to be
joined into one integral unit, 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 when connected to required utilities.
A parcel of land in a mobile home park, improved with the
necessary utility connection and other appurtenances necessary for
the erection thereon of a single mobile home, which is leased or rented
by the park owner to the occupants of the mobile home erected on the
lot.
A site with required improvements and utilities for the long-term
placement of mobile homes, which may include services and facilities
for the residents.
A mobile home is deemed to be an abandoned mobile home when:
A development project that is proposed to be constructed
in stages at the time of preliminary approval, with each stage being
capable of existing independently of the others.
Dallas Township, Luzerne County, Pennsylvania.
The pattern of surface and stormwater drainage from a particular
site before the construction or installation of improvements or prior
to any regrading.
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of the Zoning Ordinance,[5] but which fails by reason of such adoption, revision or
amendment to conform to the present requirements of the zoning district.
A structure or building the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment to
the Zoning Ordinance,[6] but which fails by reason of such adoption, revision or
amendment, to conform to the present requirements of the zoning district.
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance,[7] but which fails, by reason of such adoption, revision
or amendment, to conform to the present requirements of the zoning
district.
The Municipal Map adopted by ordinance, conclusively showing
the location of the lines of existing and proposed public streets,
watercourses, and public grounds including the widening, narrowing,
extension, diminution, opening or closing of the same, for the entire
Township.
Soil survey maps of Luzerne County, as provided by the Luzerne
Conservation District.
The written description of soil types and their characteristics
and accompanying maps based upon soil survey maps of Luzerne County,
as provided by the Luzerne Conservation District.
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include complementary structures and improvements which are
deemed appropriate to the development.
This chapter, and any amendments thereto.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
A written instrument which may be accepted by the Board of
Supervisors to guarantee the installation of all required improvements,
which shall provide for the deposit with the Township of financial
security in an amount sufficient to cover the costs of any improvements
or common amenities including, but not limited to, roads, sanitary
sewage facilities, water supply and distribution facilities, storm
water detention and/or retention basins and other related drainage
facilities, recreational facilities, open space improvements and buffer
or screen planting which may be required.
An individual, partnership, organization association, trust,
or corporation. When used in a provision, "person" shall include the
members of such partnership, the trustees of such trust, and the officers
of such organization association, or corporation.
A map or drawing indicating the subdivision or resubdivision
of land or a land development which in its various stages of preparation
includes the following:
SKETCH PLANAn informal plan, identified as such with the title "Sketch Plan" on the map, indicating salient existing features of a tract and its surroundings and the general layout of the proposal to be used as a basis for consideration by the Township.
PRELIMINARY PLANA complete plan identified as such with the wording "Preliminary Plan" in the title, with a qualified professional's seal, accurately showing proposed streets and lot layout and such other information as required by this chapter, such plan having been prepared by a qualified professional (see definition of "qualified professional").
FINAL PLANA complete and exact plan identified as such with the wording "Final Plan" in the title, with a qualified professional's seal (see definition of "qualified professional") affixed and prepared for official recording as required by this chapter to define property rights, proposed streets and other improvements.
RECORD PLANThe copy of the final plan which contains the original endorsements of the Township and which is intended to be recorded with the County Recorder of Deeds.
The Planning Commission of Dallas Township.
Not publicly owned, operated, or controlled.
A person or persons who provide expert or professional advice,
including but not limited to architects, attorneys, certified public
accountants, engineers, geologists, land surveyors, landscape architects
or planners.
A formal meeting held pursuant to public notice intended
to inform and obtain public comment, prior to taking action on a particular
subject.
A notice published once each week for two successive weeks
in a newspaper of general circulation in Township. 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.
An individual authorized to prepare plans pursuant to Section
503(1) of the MPC[8] which states that plats and surveys shall be prepared
in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known
as the "Engineer, Land Surveyor and Geologist Registration Law,"[9] except that this requirement shall not preclude the preparation
of a plat in accordance with the act of January 24, 1966 (P.L. 1527,
No. 535), known as the "Landscape Architects Registration Law,"[10] when it is appropriate to prepare the plat using professional
services set forth in the definition of the "practice of landscape
architecture" under Section 2 of that act.[11]
Improvements, common amenities and infrastructure elements, the completion of which is required as a condition of final approval, and with respect to which a financial guarantee shall be provided in conformity with Article VII, including, but not limited to, roads, sanitary sewage facilities, water supply and distribution facilities, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements and buffer or screen planting.
A change in a map of an approved or recorded subdivision
plat if such change affects any street layout on such map or area
reserved therein for public use, or any lot line; or if it affects
any map or plan legally recorded prior to the adoption of any regulations
controlling subdivisions.
A structure constructed to hold back or support an earthen
bank.
A subdivision, the purpose of which is to combine two or
more adjacent tracts or parcels of land owned by the same person into
one lot.
A defined and designated area for vehicular or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, or alley, and including both cartway
and shoulders.
Pipes that carry only domestic or commercial sewage and into
which storm, surface waters and groundwaters are not intentionally
admitted.
The depositing of earth or soil that has been transported
from its site of origin by water, ice, wind, gravity or other natural
means as a product of erosion.
An underground system with a septic tank used for the decomposition
of domestic wastes, in which bacteria in the wastes decompose the
organic matter, and the sludge settles to the bottom. The effluent
flows through drains into the ground. Sludge is pumped out at regular
intervals.
A watertight receptacle that receives the discharge of sewage
from a building, sewer or part thereof, and is designed and constructed
so as to permit settling of solids from this liquid, digestion of
the organic matter, and discharge of the liquid portion into a disposal
area.
CENTRALIZEDA publicly or privately owned and operated utility system or other system designed to collect, centrally treat (with a sewage treatment plant or similar process) and dispose of sewage from users in compliance with regulations of the appropriate state agency and of the Township.
COMMUNITYA publicly or privately owned and operated utility system or other system designed for the collection of sewage from two or more lots and for the treatment and disposal of the sewage on one or more lots, or at any other site, by on-site subsurface (into the soil) disposal systems and techniques in compliance with regulations of the appropriate state agency and of the Township.
INDIVIDUAL (ON-LOT)A utility system or other system designed to collect and to biochemically treat sewage into the soil within the boundaries of an individual lot.
A sanitary sewage collection and treatment system meeting
the requirements of the PA DEP in which sewage is carried from individual
lots or dwelling units by a system of pipes to a central treatment
and disposal facility or system which may be publicly or privately
owned and operated, and which uses mechanical, biological and chemical
processes to treat and dispose of domestic sewage in accord with PA
DEP Rules and Regulations involving an effluent discharge to surface
waters.
The improved portion of a street immediately adjoining the
travel way.
The length of roadway visible to the driver of a passenger
vehicle at any given point on the roadway when the view is unobstructed
by traffic.
A plot or parcel of land or combination of contiguous lots
or parcels of land.
A plan that indicates necessary land treatment measures,
as approved by the Luzerne County Conversation District, designed
to effectively minimize soil erosion and sedimentation.
A pipe that collects and transports rainwater, surface water,
and other liquid waste exclusive of sewage.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenues, places, ways,
parkways, drives, lanes, boulevards, highways, roads and alleys.
ARTERIALArterials are designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are also designed for medium to heavy volumes at moderately high speeds with very restricted vehicular access to abutting properties.
COLLECTOR STREETCollector streets are designed to carry a moderate volume of traffic between local streets and arterials, and provide only limited vehicular access to the abutting properties.
LOCAL STREETLocal streets provide direct access to abutting properties and provide routes to collector streets.
LOOP STREETA local street that has its only ingress and egress at two points along the same collector street of its origin.
MARGINAL ACCESS STREETA type of local street parallel and adjacent to an arterial or collector streets that provides access to abutting properties.
CUL-DE-SACA local street with a single common ingress and egress and with a turnaround located at its end.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not 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 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 from being defined as a subdivision. Provided
further that any proposed lot line adjustment, as so defined in this
chapter, for the purpose of the unification of two more lots into
a single lot shall constitute a subdivision.
SUBDIVISION, MAJORAny subdivision which does not qualify or classify as a minor subdivision.
SUBDIVISION, MINORA subdivision of a parcel of land into not more than three lots, including the existing lot of record, which has direct access to and fronts upon an existing public street or road and does not require any expenditures for the extension of any street or the extension or creation of any public improvements, does not adversely affect the remainder of the parcel or adjoining property and does not conflict with the Comprehensive Plan.
SUBDIVISION, MINORAlso see "lot line adjustment."
The portion of the cartway used for normal movement of vehicles.
The upper surface of groundwater, or that level below which
the soil is seasonally saturated with water.
A permanent or intermittent stream, river, brook, creek,
or channel or ditch for collection and conveyance of water, whether
natural or man-made.
Any stream, creek, river, channel or similar waterway in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed, and banks.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. Said areas shall also meet
the most current applicable state and federal regulations by the PA
DEP and the U.S. Army Corps of Engineers.
An open space that lies between the principal or accessory
building or buildings and the nearest lot line. Such yard is unoccupied
and unobstructed from the ground upward except as may be specifically
provided in the Zoning Ordinance.[12]
FRONT YARDA space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line.
REAR YARDA space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line.
SIDE YARDA 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.
An administrative officer authorized to administer the literal
terms and provisions of the Zoning Ordinance.[13]
The governing Zoning Ordinance of Dallas Township, and any
amendments thereto.[14]
A permit issued indicating that a proposed use, building
or structure is in accordance with the Zoning Ordinance[15] which authorizes an applicant to proceed with said use,
building.
