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 this 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, individual or single proprietorship.
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."
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.
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.
The use of land for agricultural purposes, including farming,
dairying, pasturage, horticulture, floriculture, and animal and poultry
husbandry and the necessary accessory uses. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry. The above uses shall not include concentrated
animal feeding operations, commercial hog farms, fur farms, fertilizer
plants or animal kennels. The keeping of more than two pieces of livestock
upon a property, including but not limited to horses, cows, goats,
sheep and similar types of animals, shall be deemed to constitute
an agricultural use.
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 Dallas
Township Zoning Ordinance, including changes to boundaries of Zoning
Districts as provided upon the Zoning Map.
Ancillary facilities of oil or gas development shall include
but shall not be limited to compressors, oil or gas compressor stations,
oil- or gas-metering stations, oil- or gas-processing facilities,
hydraulic-fracturing water-withdrawal facility, hydraulic-fracturing
water-treatment facility and the following uses:
[Added 10-24-2011 by Ord. No. 2011-2; amended 12-4-2018 by Ord. No. 2018-6]
Any structure or premises in which five or more dogs or cats
or any combination thereof, at least six months of age, are boarded,
kept or trained for commercial gain.
A structure or building where animals or pets are given medical
or surgical treatment and the boarding of animals is limited to short-term
care incidental to the hospital use.
See "communications antenna."
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.
The dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale, or dumping of dismantled or wrecked 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. (See also "junkyards.")
That portion of a building that is partly or completely below
grade. A basement shall be counted as a story if the vertical distance
from the average adjoining grade to the ceiling is five feet or greater.
A residence occupied by an owner providing short-term lodging
accommodations for compensation for transient guests. No more than
five guest rooms shall be available for said accommodations. Any meals
included as part of the services shall be restricted to individuals
who have registered for lodging within said residence.
A sign that identifies or communicates a commercial or noncommercial
message related to an activity conducted, a service rendered, or a
commodity sold at a location other than where the sign is located.
A structure or portion thereof that contains rooming units
which are rented or leased, with the occupants of said units being
nontransient, and using said location as a legal place of residence.
The terms "boardinghouse” or “rooming house" shall specifically
exclude the following: dwelling, dwelling unit, motel and/or hotel,
bed-and-breakfast facility and group residence.
A method of improvements designed to separate and substantially
obstruct the view of two adjacent land uses or properties from one
another. For the purpose of this chapter, when a buffer area is required,
it shall be deemed to represent a 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 the
not less than eight feet or greater than 10 feet. Said trees shall
be not less than eight feet in height at the time of planting. Unless
stated otherwise, a buffer area may be part of the minimum setback
distance for the land use requiring said buffer.
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 setbacks 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, excluding chimneys.
Any facility where gasoline is stored in bulk for distribution
by delivery truck; fuel, including but not limited to kerosene, home
heating oil, diesel fuel, gasoline, or propane, is stored in large
volume tanks for distribution to retail or wholesale establishments;
or the total combined on-site storage of fuel exceeds 20,000 gallons.
An area to be used for transient occupancy by camping in
tents, camp trailers, recreational vehicles, travel trailers, or similar
movable or temporary sleeping quarters.
Any plot of land within a campground intended for exclusive
occupancy by a camping unit or units under the control of a camper.
Any tent, trailer, recreational vehicle, or similar structure
established or maintained and operated in a campground as temporary
living quarters for recreational or vocational purposes.
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.
The portion of any building which is located partly underground,
but having 1 1/2 or more of its height, measured from finished
floor grade to finished ceiling, below the average grade of the adjoining
land. A cellar shall not be counted as a story for the purposes of
administering height regulations of this chapter.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including crematories, mausoleums,
and mortuaries when operated in conjunction with and within the boundaries
of such cemetery.
Any use which differs from the previous use of a building,
structure or land.
See "place of worship."
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the "corner"
so as not to interfere with traffic visibility across the corner.
A facility comprised of professional offices, for the examination
and treatment of persons as outpatients by physicians, dentists or
other licensed medical specialists, in which said medical practitioners
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.
See "day-care facility."
A vertical structure containing one or more flues for drawing
off emissions from a stationary source of combustion, including but
not limited to those attached to an outdoor fuel furnace.
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are 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. This use shall not include a target range for outdoor shooting,
boarding house, a tavern, a restaurant or an auditorium unless that
particular use is permitted in that district and the requirements
of that use are met.
An institution for post-secondary education, public or private,
offering courses in general, technical, or religious education. It
operates in buildings owned or leased by the institution for administrative
and faculty offices, classrooms, laboratories, chapels, auditoriums,
lecture halls, libraries, student and faculty centers, athletic facilities,
dormitories, fraternities, and sororities, but not including colleges
or trade schools operated for profit.
[Added 12-4-2018 by Ord.
No. 2018-6]
A parcel or parcels of land, which may include an area of
water, within a development site and designated and intended for the
use or enjoyment of residents of a planned residential development,
exclusive of streets, off-street parking areas and areas set aside
for public facilities.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio services,
or any wireless communication signals, including without rotation,
omnidirectional or whip antennas and directional or panel antennas,
owned and operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment, including, without limitation,
ham or citizen band radio antennas.
An unmanned building or cabinet containing communication
equipment for the operation of a commercial communication antenna
and covering an area on the ground not greater than 250 square feet.
A structure other than a building which extends more than
10 feet from the natural surface of the ground and is used for business
purposes and/or to support a commercial communication antenna.
[Amended 10-24-2011 by Ord. No. 2011-2]
The vertical distance measured from the ground to the highest
point on a communications tower, including antennas mounted on the
tower.
The Comprehensive Plan of Dallas Township, including any
amendments, updates, or revisions thereto.
A device that raises the pressure of oil and natural gas
and/or byproducts. Compressors are any devices that create a pressure
differential to move or compress a liquid, vapor, or a gas. Any such
device used alone or in series to adequately compress a gas is considered
a compressor.
[Added 10-24-2011 by Ord. No. 2011-2]
A use that, owing to some special characteristics attendant
to its operation or installation, is permitted in a zoning district
subject to approval by the Board of Supervisors and subject to special
requirements, different from those usual requirements for the zoning
district in which the conditional use may be located.
A set of individual dwelling units or other areas of building
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which was created under
the PA Uniform Condominium Act of 1980,[1] as amended.
An age-restricted residential development, 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:
[Added 12-4-2018 by Ord.
No. 2018-6]
A continuing-care facility may also include supporting services
and facilities that encompass dining, recreational and social activities
limited to residents within said facility.
Planned communities which offer multiple levels of care (independent
living, assisted living, skilled nursing care) housed in different
areas of the same community or campus and which give residents the
opportunity to remain in the same community if their needs change.
They provide residential services (meals, housekeeping, laundry),
social and recreational services, health-care services, personal care,
and nursing care.
[Added 12-4-2018 by Ord.
No. 2018-6]
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.
The Planning Commission of Luzerne County.
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.
A structure in which day care services are provided, with
no portion of the structure being jointly used as a portion of a family
residence.
A facility for the provision of out-of-home care for children
or adults for part of a twenty-four-hour day, excluding care provided
by relatives, and licensed as such by the state.
A residential structure in which day-care services are provided
for not more than six persons at any one time, where the care areas
are also used as a portion of a family residence.
The provision of out-of-home care for children or adults
for part of a twenty-four-hour day, excluding care provided by relatives.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter 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.
The number of dwelling units permitted per net unit of land.
A publicly operated or sponsored facility used to house and/or
rehabilitate individuals detained, sentenced by, or under the jurisdiction
of the criminal justice system, including but not limited to, jails,
prisons, penitentiaries, reformatories, halfway houses and similar
facilities.
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.
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 structures,
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.
See “zoning district.”
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.
DWELLING, SINGLE-FAMILYA detached building arranged or used for occupancy by one family. A mobile home or similar manufactured housing unit which is constructed to be 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 single structure consisting of not less than three or more than six dwelling units. Each dwelling unit shall have direct ground-level access to the outdoors and be connected to other dwelling units by one or more party walls with no opening or connecting interior access between units. No dwelling units shall be located over or below another unit.
MANUFACTURED HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation.
[Amended 12-4-2018 by Ord. No. 2018-6]
One or more habitable rooms which are occupied, or which
are intended or designed to be occupied as a residence by one family,
with permanent facilities for living, sleeping, cooking, and sanitary
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.
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.
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 watercourse or other drainage facility.
Commercial establishments, excluding any sexually oriented
business, engaged in providing entertainment for a fee or an admission
charge, such as 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.
The removal or recovery by any means whatsoever of minerals, from land or water, on or above the surface thereof, or beneath the land surface, whether exposed or submerged. It shall include the incidental screening, washing, crushing and grading of materials originating on the site, and mineral processing as an accessory use. Oil and/or natural gas, while classified as a mineral under the definition of the term "minerals" as so defined in this chapter, shall be excluded from this definition and shall be subject to specific regulations as set forth in Article VIII, Supplemental Regulations, of this chapter.
[Amended 10-24-2011 by Ord. No. 2011-2]
A structure or place which is built, installed, or established
to serve a particular purpose.
[Added 10-24-2011 by Ord. No. 2011-2]
One or more persons occupying a dwelling unit and living
together as a single nonprofit housekeeping unit. Foster children
placed into the care and custody of a family shall be deemed to be
a member of the family. A group in excess of four individuals who
are not related by blood, marriage or legal adoption shall not be
deemed to constitute a family.
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.
The sum of the total horizontal areas of the several floors
of all buildings on a lot, measured from the interior faces of exterior
walls.
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. (Also see § 95-70M,
Forestry activities.)
The length of the front lot line measured at the street right-of-way
line.
A noncommercial building for the private use of the owner
or occupant of a principal building situated on the same lot of the
principal building for the storage of motor vehicles with no facilities
for mechanical service or repair of a commercial or public nature.
A commercial building designed and used for the storage,
care, repair, or refinishing of motor vehicles, including both minor
and major mechanical overhauling, paint, and body work. (See also
"service station.")
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 structure, building or area of land or portion thereof
that is used for the retail sale of gasoline or any other motor vehicle
fuel that may or may not include as an accessory use, the sale and
installation of lubricants, tires, batteries, and similar accessories
and other minor servicing and engine tune-ups of motor vehicles, excluding
the major mechanical overhauling, paint, and body work of any type
of vehicle. Gasoline service stations shall not include service and
maintenance activities which include or are comparable to those provided
for under the definition of a "repair garage."
Any use of property considered to be substantially inconsistent
with the public comfort, convenience, health, safety, and general
welfare, exhibiting characteristics that include, but may not be limited
to the following:
Properties in a continuing state of disrepair
that are not fit for habitation and/or occupancy;
Properties, lacking zoning approval for use
as a junkyard and/or an automobile wrecking yard, that contain and
accumulate trash, junk and/or two or more inoperable vehicles;
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.
The Board of Supervisors of Dallas Township, Luzerne County,
Pennsylvania.
Retail business whose principal activity is the selling of
plants grown on the site and having outside storage, growing, and/or
display.
A dwelling unit which is shared under congregate
living arrangements by more than four persons who are residents of
the dwelling unit by virtue of their need to receive supervised services
limited to health, social and/or rehabilitative services provided
by a person or persons or their licensed or certified agents, a governmental
agency or their licensed or certified agents, a responsible corporation
or their licensed or certified agents, a partnership or limited partnership
or their licensed or certified agents or any other legal entity. Such
services shall be provided on a continuous basis in a family-like
environment to persons who are in need of supervision and/or specialized
services in a residential setting.
The following shall not be deemed to constitute
a group residence:
A boarding home and/or a personal care boarding
home.
A facility providing shelter and/or rehabilitative
care or treatment of persons for alcoholism and/or an addiction to
a controlled substance.
A facility for persons released from or under
the jurisdiction of a governmental bureau of corrections or similar
institution.
Any material 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
irreversible 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 radioactive
material, medical waste and any incendiary device and/or explosive
device or material.
Facilities that support health-care uses, such as transportation-related
facilities (including for emergency transportation, such as but not
limited to ambulances, transport vehicles and helicopters), heliports,
fueling facilities, driveways, parking structures, parking lots and
loading areas, buildings and facilities for utilities, maintenance,
vehicle storage, equipment storage and other support services, communications
towers and antennas, water storage tanks, standpipes and towers, medical
gas-storage tanks, temporary mobile treatment units or treatment tents
and/or emergency-services trailers or similar facilities to be erected
only for the duration required to serve the needs of an emergency
or public health occurrence and/or for periodic training, as well
as recreation trails and noncommercial recreation facilities, and
utilities and stormwater management facilities.
[Added 12-4-2018 by Ord.
No. 2018-6]
The use of a property for a combination of health-care-related
uses such as a hospital, health-care outpatient facility, health-care
educational facility, health-care office, wellness and fitness center,
health-care residential facility, adult- and child-care centers intended
to serve family members of patients, staff, physicians, students and
visitors to the health-care campus, and health-care commercial facilities,
and health-care-accessory-related facilities.
[Added 12-4-2018 by Ord.
No. 2018-6]
Facilities and/or uses intended for patients, staff, physicians,
students and visitors and their family members limited to the following:
gift and card shops, flower and plant shops, sale of common health-care-related
items, personal-care items, the sale of convenience items and/or novelties,
sale of items for fundraising, sale of food and beverages, cafeterias/cafes/food
courts/restaurants or similar uses, coffee shops, vendor carts or
kiosks for the sale of items listed above, bookstores, pharmacies/drug
stores, stores for medical devices, medical uniforms, clothing, apparel
and accessories, health-food stores, convenience stores, florists,
banks, financial institutions, automatic transaction machines, and
personal-care services such as barber shops or beautician shops, and
laundry and/or dry cleaning as well as drive-through facilities for
the above.
[Added 12-4-2018 by Ord.
No. 2018-6]
Offices for health-care-related professionals, administrative
and support staff, and offices and laboratories for drawing and testing
of specimens, diagnosis, or health-care research.
[Added 12-4-2018 by Ord.
No. 2018-6]
A medical facility, separate from or in conjunction with
a hospital, which provides, on an outpatient basis, services such
as medical testing, diagnostic testing (including overnight observation
or diagnostic testing), and may include drawing and/or testing of
laboratory specimens, urgent or express care, surgery, treatment,
rehabilitation, alternative medicine, and/or other health-care-related
services. A health-care outpatient facility may include overnight
stays by patients. The term excludes a substance abuse treatment facility.
[Added 12-4-2018 by Ord.
No. 2018-6]
A hospice, nursing home, personal-care center, skilled-nursing
facility, assisted-living facility, life-care facility, memory-care
facility, transitional-care facility or similar living facilities,
family-lodging center, residence hall for students studying a health-care
field, accessory-housing facilities for on-site medical staff, and
independent-living facility. A stand-alone nursing home, personal-care
center, skilled-nursing facility, assisted-living facility, life-care
facility, memory-care facility, transitional-care facility or similar
living facility shall include an area of no less than 70% of the building
footprint area, proximate to the building suitable and developed for
passive recreation use such as walkways and benches.
[Added 12-4-2018 by Ord.
No. 2018-6]
A facility which provides education and/or research related
to health care, health maintenance, wellness, and/or the business
of health care. The use includes a college, university, or trade school
affiliated with an accredited medical or nursing school.
[Added 12-4-2018 by Ord.
No. 2018-6]
A permit, issued by the Pennsylvania Department of Transportation,
the Luzerne County Road and Bridge Department or Dallas Township which
authorizes access from a parcel of land onto a highway, road or street
which is under the respective jurisdiction of the above entities.
An indoor facility including uses such as game courts, exercise
equipment, locker rooms, and related facilities.
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 existing residential character of the neighborhood.
A building or structure and/or land whose operator keeps
equines primarily for breeding and boarding and which operation may
or may not be incidental to the owner's primary occupation.
A facility which provides palliative and supportive medical
and other health services to meet the physical, psychological, social,
spiritual, and special needs of terminally ill patients and their
families.
[Added 12-4-2018 by Ord.
No. 2018-6]
A use that involves the observation, diagnosis, treatment,
rehabilitation or other medical care of humans that includes care
requiring stays overnight and that may also include outpatient care.
A medical care use that does not involve stays overnight shall be
considered a "medical office or clinic." A hospital may involve observation,
diagnosis, treatment, rehabilitation or other care for medical, dental
or mental health, but shall not include housing of the criminally
insane. A hospital may also involve medical research and training
for health-care professions. A hospital shall meet all relevant licensing
requirements of the Commonwealth of Pennsylvania for the services
which it provides.
[Added 12-4-2018 by Ord.
No. 2018-6]
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. (Also
see "motel.")
The distance measured from the surface of the tower's foundation
to the height of the wind turbine hub to which the blade is attached.
The underground injection of fluids and other agents which
create, enlarge or maintain fractures in subsurface rock to enable,
improve or accelerate the recovery of oil, gas, or geothermal energy.
[Added 10-24-2011 by Ord. No. 2011-2]
A facility or equipment used for removing and/or treating
the waste generated in the process of hydraulic fracturing in order
to extract natural gas and/or remove chemicals, compounds and radionuclides
from the wastewater prior to storing or transporting said waste off-site
for reuse or discharge. Such a facility shall contain equipment and
improvements which may include, but which are not limited to, a multi-bay
truck loading/unloading station, skim ponds for oil/water separation,
water clarifiers, sludge, dewatering facilities, reverse osmosis units,
evaporators, chemical feed equipment, pumps and other appurtenances.
[Added 10-24-2011 by Ord. No. 2011-2]
A facility or facilities which may include, but which is
not limited to, wells, submerged suction lines, pumps, water mains,
multiple hydrants, a truck loading or staging area, and/or water storage
tanks, which extracts or removes water from a surface or groundwater
system or resource and/or stores such water for use in or to assist
with hydraulic fracturing efforts.
[Added 10-24-2011 by Ord. No. 2011-2]
A study and/or report which may be required at the discretion
of the Dallas Township Board of Supervisors prior to approval of a
conditional use application and/or a rezoning application or by the
Zoning Hearing Board prior to approval of an application for a special
exception and/or variance to determine the potential impact of the
proposed use on activities, utilities, traffic generation and circulation,
surrounding land uses, community facilities, environmental features,
critical areas, the public health, safety and welfare and other factors
directly, indirectly or potentially affected. The applicant shall
be responsible for all costs related to any and all reports and/or
studies required by the Dallas Township Board of Supervisors or Zoning
Hearing Board 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. Impervious surfaces shall include, but may not be limited to,
buildings, roofs, surfaced, graveled or compacted parking areas, streets,
sidewalks, driveways and similar vehicular and/or pedestrian rights-of-way.
Man-made physical additions, alterations, and/or changes
to buildings or other structures 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,
excluding oil and/or gas development, 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.
[Amended 10-24-2011 by Ord. No. 2011-2]
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing.
A structure or facility which provides medical, health, educational,
social and/or rehabilitative services to more than eight persons on
a continuous and/or regular basis, excluding a facility for persons
released from or under the jurisdiction of a governmental bureau of
corrections or similar institution.
Old, dilapidated, scrap or abandoned metal, paper, building
material and equipment, bottles, glass, appliances, furniture, beds
and bedding, rags, rubber, motor vehicles, and parts thereof.
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. (See also "automobile wrecking yard.")
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.
A development of a parcel of land which contains
not more than three detached single-family residential structures,
whether developed initially or cumulatively, shall be classified as
a minor land development; all other uses classified as a land development
shall be deemed to be a major land development.
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 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.
The area of land contained within the limits of the legally
described property lines bounding the lot, exclusive of any street
or railroad rights-of-way, common open space, easements for the purposes
of access, utility, or stormwater management, prohibitively steep
slopes, the Floodplain Conservation District, and wetlands as defined
by this chapter.
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 lot line separating a lot from a 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 lot 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 both its front and rear yards abutting on a
street.
The horizontal distance between side lot lines, measured
at the required front setback line.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used with or without a permanent
foundation.
[Amended 12-4-2018 by Ord. No. 2018-6]
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
[Amended 12-4-2018 by Ord. No. 2018-6]
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
[Amended 12-4-2018 by Ord. No. 2018-6]
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 licensed by the Pennsylvania Department of Health
to use the drug methadone in the treatment, maintenance or detoxification
of persons.
Any aggregate or mass of mineral matter, whether or not coherent.
The term shall include, but it is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat, and crude oil and natural gas.
The refinement of minerals by the removal of impurities,
reduction in size, transformation in state, or other means to specifications
for sale or use, and the use of minerals in any manufacturing process
such as, but not limited to, concrete or cement batching plants, asphalt
plants and manufacture of concrete and clay products.[3]
A building or group of buildings containing apartments and/or
rooming units, each of which maintains a separate outside entrance
and primarily offering transient lodging accommodations to the general
public. Such building or group of buildings may also provide additional
services such as restaurants, meeting rooms, and recreational facilities.
(Also see "hotel.")
The Township of Dallas, Luzerne County, Pennsylvania.
A building or structure providing a municipal service or
function that is owned and operated by Dallas Township.
[Added 12-4-2018 by Ord.
No. 2018-6]
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. The business or commercial activity must also comply with the applicable supplemental requirements contained in Article VIII of this chapter.
A lot the 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 extent 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 and/or other 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.
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.
Pennsylvania's Oil and Gas Act, 58 P.S. § 601.101
et seq., as it has been or may be amended from time to time.
[Added 10-24-2011 by Ord. No. 2011-2]
Any device, facility or use that increase(s) the pressure
of a liquid, vapor or gas in a pipeline or other containment for purposes
including but not limited to the transportation of the liquid, vapor
or gas within a pipeline.
[Added 10-24-2011 by Ord. No. 2011-2]
Shall include the well site preparation, construction, drilling,
redrilling, hydraulic fracturing, and/or site restoration associated
with an oil or gas well of any depth; water and other fluid storage,
impoundment and transportation used for such activities; and the installation
and use of all associated equipment, including tanks, meters, and
other equipment and structures, whether permanent or temporary; and
the site preparation, construction, installation, maintenance and
repair of oil or gas pipelines and associated equipment and other
equipment and activities associated with the exploration for, production
and transportation of oil and gas. Notwithstanding the forgoing, oil
and gas development shall not include any ancillary facilities or
activities, including, but not limited to: oil and gas compressor
stations, oil and gas metering stations, oil and gas facilities, and
off-site oil and gas pipelines.
[Added 10-24-2011 by Ord. No. 2011-2]
A facility containing equipment including, but not limited
to, gauges, valves and/or communications equipment, which regulates
and/or measures the volume, pressure, and other characteristics of
oil and/or natural gas in, entering or exiting an oil or gas pipeline.
[Added 10-24-2011 by Ord. No. 2011-2]
All parts of those fixed-location physical facilities through
which oil and/or natural gas moves in transportation, including pipes,
valves, and other appurtenances attached to pipes, except those aboveground
structures otherwise regulated under this chapter.
[Added 10-24-2011 by Ord. No. 2011-2]
Any facility other than an oil or gas compressor station
or oil or gas metering station which alters the chemical or physical
properties of oil or natural gas or refines oil or natural gas and
segments it into distinct commodities.
[Added 10-24-2011 by Ord. No. 2011-2]
Tanks of any construction (metal, fiberglass, concrete, etc.)
and impoundments used for the storage of hydraulic fracturing wastewater
and/or water that has been used in oil or gas development and is being
reused.
[Added 10-24-2011 by Ord. No. 2011-2]
Any well drilled for the purpose of extracting or capable
of being used to extract gas, petroleum or other liquid related to
oil or gas production from beneath the surface of the earth.
[Added 10-24-2011 by Ord. No. 2011-2]
The person designated as the well operator on the permit
application or well registration.
[Added 10-24-2011 by Ord. No. 2011-2]
A person, who owns, manages, leases, controls or possesses
an oil or gas well.
[Added 10-24-2011 by Ord. No. 2011-2]
A specifically defined location with fixed dimensions which
may include facilities, structures, materials and equipment, whether
temporary or permanent, necessary for or incidental to the preparation,
construction, drilling or production of an oil or gas well as further
identified in any application submitted to or approved by the Pennsylvania
Department of Environmental Protection.
[Added 10-24-2011 by Ord. No. 2011-2]
A building or portion thereof containing rooms and/or space
for conducting the affairs of a business, profession, service, industry
or government.
An area that is intended to provide light and air, and is
designed for environmental, scenic, or recreational purposes. Open
space may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas, and watercourses. Open space shall not
be deemed to include driveways, parking lots, or other surfaces designed
or intended for vehicular travel.
An outdoor fuel-burning appliance designed and constructed
to burn wood, coal or other recognized fuel in compliance with the
manufacturer's recommended specifications. An outdoor fuel furnace
shall be deemed to be an accessory structure intended for heating
a structure that may be detached and separate from the accessory structure
which contains the outdoor fuel furnace.
The keeping, in an unroofed area, of any goods, material,
merchandise, equipment or vehicles which are related to the operation
of a commercial business, excluding the storage of solid waste, hazardous
substances, refuse, junk, junked vehicles, discarded and/or any inoperative
durable items.
A continuous quantity of land in the possession of or owned
by, or recorded as the property of, the same person or persons.
An open recreational area or structure, without roof, constructed
no higher than six inches from the ground level and resting directly
on the ground. It may be attached to or detached from the principal
building and may be constructed using wood, masonry, pavement, stone,
or other material suitable for that purpose.
An unobstructed space or area other than a street or alley
that is permanently reserved and maintained for the parking of one
motor vehicle.
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.
A facility, as defined under current state licensing requirements,
and licensed as such, in which food, shelter and personal assistance
or supervision are provided for a period exceeding twenty-four 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.
Any enterprise conducted for gain, which primarily offers
services to the general public, such as shoe repair, valet service,
watch repairing, barber shops, beauty parlors, and related activities.
A building used for religious services, including churches,
synagogues, mosques and similar edifices.
The Planning Commission of Dallas Township.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, with a development
plan which does not correspond in lot size, bulk or type of dwelling
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of this chapter.
The main use of land or structures, as distinguished from
a secondary or accessory use.
Something owned, operated and supported by private individuals
or a corporation, rather than by government, and not available for
public use.
A nonprofit corporation organized by the developer or homeowners
of a residential development for the purpose of establishing an association
of all property owners in a private development which purposes shall
include the ownership and maintenance of open space common areas and
all development improvements and facilities.
Any place of worship, public use, public building, school,
college, or health care facility. This term shall not apply to accessory
buildings, garages, or storage buildings.
[Added 10-24-2011 by Ord. No. 2011-2]
Something owned, operated and supported by the community,
residents or other entity, governmental or private, for the use and
benefit of the general public.
A formal meeting held pursuant to public notice by the Dallas
Township Board of Supervisors, 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.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[4]
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.
Public parks and administrative, cultural and service buildings,
excluding public land or buildings primarily devoted to the storage
and maintenance of equipment or material.
A private corporation or municipal authority with an exclusive
franchise for providing a public service that operates under regulations
of federal, state and/or local government.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves, or 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, Act 247, as amended.[5]
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.
A use conducted by, or a facility or structure owned or operated
by, a nonprofit organization that is open and available to the public
that provides educational, health, cultural, religious, recreational
or other similar types of community services.
[Added 12-4-2018 by Ord.
No. 2018-6]
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 as a nonprofit enterprise
by a governmental entity or a nonprofit organization and open to the
general public.
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 as a recommendation
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 indispensable containers, and where
the customer consumes these foods while seated at tables or counters
located within the building.
An establishment which offers quick food service, including
drive-through service, which is accomplished through a limited menu
of items already prepared or prepared, fried, or grilled quickly.
Orders are not generally taken at the customer's table and food is
generally served in disposable wrapping or containers.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer line, or other special
use.
Land that is traversed or bounded by a natural watercourse.
[Added 10-24-2011 by Ord. No. 2011-2]
A room or rooms in a boardinghouse and/or rooming house forming
a single habitable unit intended for living quarters but lacking separate
bathroom, toilet and sanitary facilities and facilities for cooking
and sleeping for exclusive use by occupant or occupants of the rooming
unit.
A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrial- and orbital-based
uses. This definition is meant to include but not be limited to what
are commonly referred to as satellite earth stations. TVROs (television
reception-only satellite dish antennas), and satellite microwave antennas.
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, whether public or private, that provides a curriculum
of elementary and secondary academic instruction, including kindergartens,
elementary schools, middle schools, junior high schools, charter schools,
special-education facilities, and high schools that are licensed by
the state as such. The term also includes a use, whether public or
private, providing for educational and vocational training. This term
does not include child-care facilities, adult-care facilities or home
schooling.
[Amended 12-4-2018 by Ord. No. 2018-6]
The method by which a view of one site from another adjacent
site is shielded, concealed or hidden. Screening techniques include
fences, walls, 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 or pew length. For other
areas where seats are not fixed, the seating capacity shall be determined
as indicated by the most recent standards under the BOCA Code or Pennsylvania
Uniform Construction Code, based upon the more restrictive standards.
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 which are leased to individuals
for the storage of the individual's property, possessions or wares.
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
A sanitary sewage collection system, approved by the Pennsylvania
Department of Environmental Protection, in which sewage is carried
from individual lots by a system of pipes to a publicly owned central
treatment and disposal facility.
Any facility designed to biochemically treat sewage within
the boundaries of an individual lot in accordance with the applicable
rules and regulations of the Pennsylvania Department of Environmental
Protection.
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: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, 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 instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
SEXUALLY ORIENTED ENTERTAINMENTA nightclub, bar, 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, videocassettes, 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 AREASSpecified anatomical areas, as used above within the definitions of "adult bookstore" and "adult entertainment" means and includes any of the following: 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 human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESSpecified sexual activities as used above within the definitions of "adult bookstore" and "adult entertainment" means and includes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth as an "adult use."
A structure or device designed or intended to convey information
to the public in written or pictorial form.
The entire area within a continuous perimeter, enclosing
the extreme limits of sign display, including any frame or border.
Curved, spherical, or any other shaped sign face shall be computed
on the basis of actual surface area. The copy of signs composed of
individual letters, numerals, or other devices shall be the sum of
the area of the smallest rectangle or other geometric figure encompassing
each of said letter or devices. The calculation for a double-faced
sign shall be the area of one face only. Double-faced signs shall
be so constructed that the perimeter of both faces coincide and are
parallel and not more than 24 inches apart.
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.
[Added 12-4-2018 by Ord.
No. 2018-6]
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 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 this chapter.
Any garbage, refuse, industrial, lunchroom or office waste
or other material including solid, liquid, semisolid or contained
in gaseous material, resulting from the operation of residential,
municipal, commercial or institutional establishments and from community
activities, excluding "hazardous substances" as so defined by this
chapter and "hazardous waste," as so defined by the Pennsylvania Department
of Environmental Protection, pursuant to Chapter 271.1, under the
Solid Waste Management Act,[6] as amended.
Any facility whose operations include the following as defined
and regulated by the Pennsylvania Department of Environmental Protection:
landfills, transfer facilities, refuse vehicle staging areas, resource
recovery facilities, waste disposal and processing facilities, and
recycling facilities.
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.
[Amended 10-24-2011 by Ord. No. 2011-2]
Housing facilities that are only occupied by students and/or
staff of a college or university and that are owned, leased and/or
operated by a college or university. Such housing facilities may be
in the form of townhouses, apartments, dormitories or any other dwelling
type, but shall not be regulated by the definition of a "family."
[Added 12-4-2018 by Ord.
No. 2018-6]
The division or redivision of a lot, tract or parcel of land
into two or more lots, tracts or 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 of buildings or lot development.
The Dallas Township Subdivision and Land Development Ordinance
as enacted on July 3, 2007, as it has been or may be amended from
time to time.[7]
[Added 10-24-2011 by Ord. No. 2011-2]
Structures and land used for the treatment of substance-abuse
patients, including alcohol or other drug abuse, at which the facility
provides treatment, including inpatient care which may include meals
and lodging.
[Added 12-4-2018 by Ord.
No. 2018-6]
The cutting and removal of trees from their growing site, including the attendant operation of cutting and skidding machinery, for commercial purposes which does not involve any land development. (See Article VIII, Supplemental Regulations.)
A structure situated on a nonresidential site or lot which
is intended for transmitting or receiving television, radio, or telephone
communications. (Also see "communications tower.")
A single structure consisting of not less than three or more
than six dwelling units. Each dwelling unit shall have direct ground-level
access to the outdoors and connected to other dwelling units by one
or more party walls with no opening or connecting interior access
between units. No dwelling units shall be located over or below another
unit.
Township of Dallas, Luzerne County, Pennsylvania.
A facility which receives and temporarily stores solid waste
at a location other than the generation site, which facilitates the
bulk transfer of accumulated solid waste to another facility or site
for further processing and/or disposal of said solid waste. Said use
shall be classified and regulated as a "solid waste facility."
A structure, building and/or land consisting of a storage
area, management and dispatch office and loading and unloading facilities
connected with receipt or delivery of freight shipped by truck.
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.
A waiver granted by the Zoning Hearing Board from the terms and requirements of this chapter in accordance with § 95-152 of this chapter.
A building used primarily for storage of goods and material.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, excluding the bulk storage of material
that are flammable, explosive, hazardous or commonly recognized as
offensive.
A depression, excavation, pit, or facility situated in or
upon the ground at an oil or gas well site, hydraulic fracturing water
treatment facility or hydraulic fracturing water withdrawal facility,
whether natural or artificial and whether lined or unlined, used to
store fresh water for uses related to oil or gas development.
[Added 10-24-2011 by Ord. No. 2011-2]
A depression, excavation, pit, or facility situated in or
upon the ground, whether natural or artificial and whether lined or
unlined, used to store wastewater, including but not limited to brine,
fracturing fluid or residual waste.
[Added 10-24-2011 by Ord. No. 2011-2]
A public or privately owned system, under the jurisdiction
of the Pennsylvania Public Utility Commission, designed to transmit
potable water from a common source to users, and in compliance with
the governing standards of all applicable state agencies. Any water
supply system not deemed as a centralized water supply system shall
be deemed to be an on-site water supply system.
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.
Facilities that may be indoor and/or outdoor that offer educational
and/or interactive programs for health care, health maintenance, wellness,
and/or other health-related subjects, and/or facilities that may include
health spa, weight rooms, exercise rooms, exercise equipment, exercise
pools, and/or other similar exercise club or fitness center facilities,
and may offer rehabilitation, therapy, and/or health maintenance,
sports, or physical-performance-related training programs. The term
excludes a substance abuse treatment facility.
[Added 12-4-2018 by Ord.
No. 2018-6]
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. The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and any wetland area designated by a
river basin commission.
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").
A WECS that is the prime use on a parcel of land and supplies
electrical power for off-site use.
A commercial electric-generating facility whose main purpose
is to supply electricity to off-site customer(s), consisting of one
or more commercial WECS, and other accessory structures and buildings,
including substations, meteorological towers, electrical infrastructure,
transmission lines and other appurtenant structures and facilities.
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.
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 Dallas Township illustrated upon the Official
Zoning Map, within which certain uniform regulations and requirements
apply under the provisions of the Zoning Ordinance.
The Zoning Hearing Board of Dallas Township, Luzerne County,
Pennsylvania.
The official map which is part of the Zoning Ordinance and
indicates and delineates the zoning districts of Dallas Township,
Luzerne County, Pennsylvania.
The administrative officer appointed by the governing body
to administer and enforce the Zoning Ordinance of Dallas Township,
Luzerne County.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[3]
Editor’s Note: The former definitions of “mobile
home,” mobile home lot” and “mobile home park,”
which immediately followed this definition, were amended and relocated
in this list of definitions in order to place them in proper alphabetical
order. See now the definitions of “manufactured home,”
“manufactured home lot” and “manufactured home park.”
[4]
Editor's Note: See 65 P.S. § 271
et seq.
[5]
Editor's Note: See 53 P.S. § 10619.
[6]
Editor's Note: See 35 P.S. § 6018.101
et seq.
