Township of Tobyhanna, PA
Monroe County
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Table of Contents
Table of Contents
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of Tobyhanna Township, and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as special uses.
A. 
The Zoning Hearing Board shall receive requests for special exceptions in the form set forth in Subsection F, and shall, after reviewing the request and the comments of the Planning Commission, grant or deny the request. The Planning Commission shall have the opportunity to review the application prior to the hearing.
B. 
The use for which application is being made shall be specifically authorized as a special exception use in Article X of this chapter for the zone in which the use is located.
C. 
The design, arrangement and nature of the particular use shall be such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(1) 
Character of the neighborhood and zone.
(2) 
Conservation of property value.
(3) 
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(4) 
Potential congestion of vehicular traffic or creation of undue hazard.
(5) 
Principles and objectives of this chapter and the Comprehensive Plan of Tobyhanna Township.
D. 
The Zoning Hearing Board shall find that all requirements as set forth in this chapter for the zone in which it is to be located are observed or as set forth in Article X; that such use will in no way be detrimental to the surrounding property values; and that the structure or proposed use will serve a useful purpose to the general welfare of the Township.
E. 
In addition, such special uses shall adhere to the standards specified for the particular use in this section and to such additional conditions and safeguards as, in the opinion of the Zoning Hearing Board, will implement the intent and objectives of this article and chapter.
F. 
Procedure. The applicant may contact the Zoning Officer to arrange a presubmission conference to informally outline the nature of the request and to determine the nature and extent of the information outlined in Subsection G to be supplied on the site development plan.
G. 
The applicant shall cause a site development plan map to be prepared by a civil engineer, surveyor, land planner, architect or other competent person. Site development plan elements shall include those listed below which are appropriate to the proposed development or use, as indicated by the Zoning Officer in a presubmission conference:
(1) 
Legal data.
(a) 
The tax number of the property from the latest tax records.
(b) 
The name and address of the owner of record.
(c) 
The name and address of the person, firm or organization preparing the map, including the seal and signature of the responsible professional(s).
(d) 
The date, North point and written and graphic scale.
(e) 
Sufficient description or information to define precisely the boundaries of the property. All distances shall be in feet and hundredths of a foot. All angles shall be given to the nearest 10 seconds or closer. The error of closure shall not exceed one in 5,000.
(f) 
The locations, names and existing widths of adjacent streets and curblines.
(g) 
The locations and owners of all adjoining lands as shown on the latest tax records.
(h) 
The locations, width and purpose of all existing and proposed easements, setbacks, reservations and areas dedicated to public use within or adjoining the property.
(i) 
A complete outline of existing deed restrictions or covenants applying to the property.
(j) 
The zoning district in which the property is located.
(2) 
Natural features.
(a) 
The existing contours with intervals of 10 feet or less, as determined at the presubmission conference, referenced to a datum satisfactory to the Zoning Officer.
(b) 
The proposed finished contours at the same interval as required in Subsection G(2)(a) hereinabove, referenced to the same datum.
(c) 
The boundary of any area in the one-hundred-year floodplain, and stormwater overflow area.
(d) 
The location of existing wetlands, swamps or marshes, watercourses, including intermittent streams, wooded areas and any other pertinent natural presubmission conference feature.
(e) 
Soil survey data, including capabilities for on-lot septic systems, as taken from the Soil Conservation Survey or as mapped by a qualified soil scientist.
(f) 
Soil percolation test results and/or comments from the Monroe County Conservation District, as requested in the presubmission conference.
(3) 
Utilities, structures and uses on and within 200 feet of the site.
(a) 
The location of all utilities, including:
[1] 
Power lines.
[2] 
Telephone lines, including cellular transmission towers; and cable television lines.
[3] 
Storm sewers (including culverts), giving dimensions, grades and direction of flow.
[4] 
Sanitary sewers, giving dimensions, grades, elevations and direction of flow.
[5] 
Waterlines, giving dimensions and elevations.
(b) 
Curbs and gutters, sidewalks, paved areas and access.
(c) 
The outline of structures and use areas.
(d) 
Fences, landscaping, screening and other improvements, as determined at the presubmission conference.
(4) 
Proposed improvements and use.
(a) 
The design and location of all uses and use areas not requiring structures.
(b) 
The location of proposed buildings or structures.
(c) 
The design and location of all outdoor signs, if any.
(d) 
The design and locations of driveways, parking areas, sidewalks and other paved areas, including existing and proposed profiles and cross sections.
(e) 
The location of proposed or existing well and sewage disposal systems or water- and sewer lines.
(f) 
The plan and location of any proposed grading, landscaping or screening.
(g) 
A copy of any proposed deed restriction or covenants.
(h) 
The plan and location of any proposed public improvements on or adjacent to the property.
(5) 
Evidence must be shown of compliance with the Department of Environmental Protection (DEP), PennDOT highway occupancy standards and Department of Labor and Industry Standards.
(6) 
Any other information which may be determined during the presubmission conference to be necessary to ascertain the conformity of the site plan with the intent and requirements of this chapter.
Model houses, as defined in Article IV of this chapter, shall conform to the following requirements:
A. 
The lot and structures shall conform with all requirements for single-family detached dwellings as set forth in Article X.
B. 
Commercial activity conducted within the model house and upon the lot shall be limited to the promotion and conduct of the builder's residential construction business.
C. 
No construction materials, products or equipment may be displayed or stored except within any principal or accessory building.
D. 
The occupancy permit for the limited commercial activity shall be valid for a period of five years from the date of issuance and may be renewed, upon application, for an additional two years; thereafter, the limited commercial activity shall cease and the use shall revert to a single-family residence. Only one such occupancy permit for the limited commercial activity may be issued to each builder and/or developer in any single development.
Development sales offices, as defined in Article IV of this chapter, shall conform to the following requirements:
A. 
Commercial activities conducted within the sales office and upon the development shall be limited to offerings within the development only.
B. 
The lot and structure shall conform with all requirements as set forth in Article X.
C. 
The occupancy permit for the limited commercial activity shall be valid for a period of five years from the date of issuance and may be renewed, upon application, for a successive five-year period; thereafter, the limited commercial activity shall cease and the use shall revert either to a single-family residence or to a development amenity. Only one such occupancy permit for the limited commercial activity may be issued to any developer in any single development.
Commercial camps, as defined in Article IV of this chapter, shall conform to the following requirements:
A. 
All commercial camps shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B. 
The developer of any commercial camp activity shall provide proper and adequate installation of roads, drives, potable water, sanitary and drainage facilities, and shall meet minimum requirements of the Department of Environmental Protection.
C. 
Existing natural features, drainage and vegetation shall be maintained, except where necessary for the construction and operation of such commercial camp or as part of a forestry management program.
D. 
No commercial camp shall function so as to impede the general intent of this chapter as provided in Articles II and III.
E. 
All commercial camps shall comply with applicable requirements of state and county agencies regarding health, sanitation, fire protection and other facets of operation of such camps.
All commercial resorts, as defined in Article IV of this chapter, shall conform to the following requirements:
A. 
All commercial resorts shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B. 
The developer of any commercial resort activity shall provide proper and adequate installation of roads, drives, potable water, sanitary and drainage facilities, and shall meet minimum requirements of the Department of Environmental Protection.
C. 
Existing natural features, drainage and vegetation shall be maintained, except where necessary for the construction and operation of such commercial resort or as part of a forestry management program.
D. 
No commercial resort shall function so as to impede the general intent of this chapter as provided in Articles II and III.
E. 
All commercial resorts shall comply with applicable requirements of state and county agencies regarding health, sanitation, fire protection and other facets of operation of such resorts.
A. 
A statement setting forth full particulars on the operation of the use, a copy of the Articles of Incorporation, if a corporation, or trade-name certificate, if any, shall be filed with the Zoning Hearing Board. In addition, the Board may, in any case, require that names and addresses of all charter members be furnished.
B. 
The proposed use must be a bona fide not-for-profit organization operated solely for the recreation and enjoyment of the members of said organization and their guests.
C. 
The proposed use in the proposed location shall not adversely affect the safe and comfortable enjoyment of properties in the neighborhood; the design of any structures erected in connection with such use shall be in keeping with the general character of the area, and sufficient landscaping, including trees, shrubs and lawn, shall be provided to serve as a buffer between said use and adjoining properties, and to ensure an attractive appearance for the use.
Nursing homes, as defined in Article IV of this chapter, shall conform to the following requirements:
A. 
All nursing homes shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B. 
Existing natural features, drainage and vegetation shall not be removed, changed or destroyed, except where necessary for the construction and operation of such nursing home.
C. 
No nursing home shall function so as to impede the general intent of this chapter as provided in Articles II and III.
D. 
All nursing homes shall comply with applicable requirements of state and county agencies regarding health, sanitation, fire protection and other facets of the operation of such nursing homes.
Boardinghouses and bed-and-breakfasts, as defined in Article IV of this chapter, shall conform to the following requirements:
A. 
All boardinghouses and bed-and-breakfasts shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B. 
No boardinghouses or bed-and-breakfasts shall function so as to impede the general intent of this chapter as provided in Articles II and III.
C. 
All boardinghouses and bed-and-breakfasts shall comply with applicable requirements of state and county agencies regarding health, sanitation, fire protection and other facets of the operation of such boardinghouses.
Hospitals shall conform to the following requirements:
A. 
All requirements of Article X, Minimum Lot and Yard Requirements, and any other requirements of this chapter or other ordinances of the Township.
B. 
All outdoor storage of supplies or waste shall be adequately screened by planting or fencing.
C. 
The site plan shall provide adequate buffer strips and screening wherever needed, as well as an attractive and functional landscaping scheme in addition to any buffering or screening required within this chapter.
D. 
The appropriate area and number of off-street parking spaces shall be provided, and access to parking areas and emergency entrance(s) shall be designed to minimize disturbance to adjoining properties.
E. 
Provision shall be made for water supply and sewerage disposal in accordance with accepted practice and applicable state, county and Township regulations and standards.
Motor vehicle service stations and garages may be allowed as an exception upon the issuance of a permit by the Zoning Hearing Board as provided in Article XIII, § 155-72, in the Commercial Districts and the Commercial/Industrial Districts, provided that the following standards are met:
A. 
All motor vehicle service stations and garages shall conform to Article X, Minimum Lot and Yard Requirements; provided, further, that:
(1) 
The minimum lot area is not less than 40,000 square feet.
(2) 
No repair work is performed out-of-doors.
(3) 
Pumps, lubricating or other devices are located at least 30 feet from any street line, highway right-of-way or lot line.
(4) 
All fuel, oil or similar substances are stored at least 35 feet from any street line or lot line.
(5) 
All automobile parts, dismantled vehicles, unlicensed vehicles and similar articles are stored within a building.
(6) 
The construction of a protective canopy structure used to provide cover over the pumping area may be permitted, provided that said structure is constructed not less than 15 feet from any street line, highway right-of-way or lot line. Said structure shall have a height of not greater than 20 feet.
B. 
Driveways to parking areas shall be limited to two. Such driveways shall not be less than 24 feet in width. Driveways shall intersect public streets at right angles whenever possible.
C. 
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the off-street parking requirements of this chapter.
D. 
Any repair of motor vehicles shall be performed in a fully enclosed building and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicle shall be stored outside of an enclosed building.
E. 
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
F. 
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective islands or provided for in a suitable metal stand or rack that does not encroach upon the required aisles or parking areas.
G. 
Signs shall conform to the following regulations:
(1) 
One freestanding identification sign which does not exceed 48 square feet nor 80 feet in height. (See § 155-32B.) Such signs may be illuminated, but illumination shall be nonflashing. Such signs may be located in the front yard but shall not be closer than five feet to a street line.
(2) 
Three sides of the building may bear facade signs of individual letters naming only the brand of product or oil company, provided that the area of such sign, if enclosed in the smallest possible regular rectangle, does not exceed 10% of the area of the facade of the building.
(3) 
One portable "A" frame type sign not exceeding 10 square feet is permitted for each 100 feet of frontage. Such signs shall be kept within the property lines of the lot.
(4) 
Two signs may be mounted on the front facade of the building, provided that the total area of such signs does not exceed 20% of the area of the front facade, including window and door area.
Public utility uses, such as dial equipment centers, high-voltage transmission lines, towers, substations and other proposed installations necessary to serve the region or area, as opposed to surrounding properties, may be permitted in any zoning district with a special exception permit. No special exception permit shall be issued unless the Zoning Hearing Board shall determine that:
A. 
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood, area or region in which the particular use is to be located.
B. 
The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C. 
Adequate and attractive fences, noise barriers and other safety devices will be provided.
D. 
A buffer strip five feet in width and screening are provided and will be periodically maintained.
E. 
Adequate off-street parking will be provided to meet the needs of the use.
F. 
All of the area, yard and building coverage requirements of the respective zones will be met.
G. 
All other items or details of construction or location are consistent with the intent of this chapter.
Commercial surface mining, as defined in Article IV of this chapter, shall conform to the following requirements:
A. 
All commercial surface mining operations and activities shall conform to the requirements of the Surface Mining Conservation and Reclamation Act,[1] and the applicant shall forward a copy of the Department of Environmental Protection permit to the Zoning Officer prior to the issuance of the occupancy permit.
[1]
Editor's Note: See 52 P.S. § 1396.2 et seq.
B. 
In addition to the minimum distance requirements set forth in the Surface Mining Conservation and Reclamation Act, the applicant shall maintain a minimum one-hundred-foot-wide buffer strip between the active mining operation and the exterior property lines and a three-hundred-foot-wide buffer strip with existing residential buildings. The vegetation in the buffer shall not be removed except to provide for adequate access, but shall be maintained and/or increased to provide for adequate visual screening of the operation.
C. 
No dust, fumes, odor or vibration shall be discernible at the exterior property lines.
D. 
Active mining operations shall be permitted only between the hours of 7:00 a.m. to 8:00 p.m. daily, except Sunday, when no operations are allowed.
E. 
Nothing in this chapter shall be construed to prohibit a property owner from conducting surface mining operations for the production of materials to be utilized totally within the confines of the property.
F. 
Bituminous concrete batch plants, concrete batch plants and crusher plants shall be permitted in all zoning districts as an accessory use to a commercial surface mining operation. Operation and construction of such plants must meet all requirements of this section of this chapter. A permit must be obtained by special exception approval in accordance with Article XIV of this chapter.
G. 
No noise shall exceed standards set forth in §§ 155-11Q and 155-17G(4).
[Amended 10-12-2004 by Ord. No. 453]
Apartment buildings, as defined in Article IV of this chapter, shall conform to the following requirements:
A. 
All apartment buildings shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
B. 
No apartment building shall contain more than six dwelling units.
C. 
No single apartment building shall be situated on a lot of less than one gross acre, and the density shall not exceed two apartment buildings per gross acre.
D. 
Two off-street parking spaces shall be provided for each dwelling unit, plus one additional off-street parking space for each two dwelling units, in accordance with Article XII, § 155-55, of this chapter. For purposes of this section, garage parking spaces allocated to the use of a dwelling unit may be used to satisfy the parking space requirement; however, outdoor parking spaces adjoining or near the garage which would block vehicular access to the garage if a vehicle were parked in such outdoor spaces cannot be counted to satisfy this parking space requirement if the garage spaces are being counted in satisfaction of the requirement.
E. 
A buffer strip 25 feet in width, landscaped and screened, shall be provided and maintained adjacent to any property line adjoining a residential district.
F. 
The minimum front setback, side setback, and rear setback distances established in Article X of this chapter notwithstanding, no apartment building, as measured from its building line, shall be located less than 150 feet from any residential district.
G. 
Apartment buildings shall conform to the requirements set forth in Chapter 135, Subdivision and Land Development.
H. 
Space between two apartment buildings, or between an apartment building and any other principal building on another tract, shall not be less than 75 feet from building line to building line.
I. 
The minimum habitable floor area per dwelling unit shall be 500 square feet, which shall be increased by 250 square feet for each bedroom in excess of two contained in the dwelling unit.
J. 
The maximum number of residents of an apartment shall be three residents per bedroom. For purposes of this section, the term "bedroom shall not include the kitchen, dining room or dining area, living room, bathrooms, hallways, foyers, closets or storage rooms, or garages, nor shall it include any unfinished attic, basement or cellar.
K. 
Each dwelling unit shall have a wall common to the exterior of the structure with a minimum length of 15 feet and with at least one window of at least six square feet in area, with an unobstructed view of the outside area, on each floor of the dwelling unit.
L. 
Apartment buildings shall front on an improved street or shall front upon a courtyard fronting upon an improved street provided the nearest point of the apartment building is not further than 250 feet from the improved street, and the smallest dimension of the courtyard is no less than 1/2 the largest dimension.
M. 
The tract upon which an apartment building is located shall have a minimum of 100 feet for each acre of land included in the tract, frontage on an improved public street that has been dedicated to and accepted by the Township, or is a road maintained by Monroe County or the Commonwealth of Pennsylvania.
N. 
Outside service areas for storage, outside airing or hanging of laundry or for the location of refuse disposal containers shall be visually screened in a manner acceptable to the Township.
O. 
At least 20% of the tract area shall be set aside as recreation area and shall not be owned by any individual tenant or dwelling unit occupant, if other than the owner of the apartment building. Such area shall be open space and shall be appropriately developed to provide for passive and active recreational activities to serve the residents of the apartment project. Such recreational sites or facilities shall be located in an area or areas which will not be detrimental to adjacent property owners by virtue of noise, light, glare or any other nuisance feature emanating from such facility, as well as in such an area or areas where the recreational activities of the apartment project residents will not be adversely affected by the character and uses of the surrounding areas.
P. 
The front facade of an apartment building shall not continue on the same plane for a distance of more than 70 feet. Offsets between front facade planes shall be at least four feet.
Q. 
Reporting of occupancy. The owner of any apartment building (or the owner of each individual dwelling unit therein, if individually owned) shall, upon the initial occupancy of said dwelling unit and within 10 days following each subsequent change in occupancy (as measured from the execution of a written lease, or, in the event no written lease is executed, from the date of occupancy by the new occupant), furnish to the Township on forms so designated, the name, address, names of additional occupants, and other information as required on the form.
R. 
Any person, firm, corporation or other entity who shall violate the reporting of occupancy requirement of Subsection P above, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $ 1,000, plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this section continues shall constitute a separate offense.
Truck terminals shall conform to the following requirements:
A. 
Access to various components of the terminal shall be from interior streets or driveways.
B. 
Yard requirements.
(1) 
The minimum yard setback adjoining any residential district or adjoining any nonconforming residential use shall be not less than 200 feet.
(2) 
The minimum yard setback adjoining any Commercial or Commercial/Industrial District area shall be not less than 50 feet.
(3) 
The required yards shall not be utilized for any buildings, loading areas, storage areas or any interior streets, drives or ramps, except:
(a) 
Any yard adjoining any Commercial or Commercial/Industrial District area may be utilized for automobile, truck or trailer parking areas.
(b) 
Any yard adjoining any Commercial or Commercial/Industrial District area may be utilized for any on-site sewerage disposal system approved by the Township Sewage Enforcement Officer.
(c) 
Any yard may be crossed by such access streets or drives as are necessary to provide proper ingress and egress.
C. 
Screening.
(1) 
The natural vegetation shall be maintained or replaced with plantings in all required yard space to provide screening from adjacent properties, except as provided by Subsection B(3).
(2) 
The screening in any yard adjoining any residential district or adjoining any nonconforming residential use shall be such that the natural vegetation or the supplemental plantings or other screening will, within two growing seasons, create a continuous screen not less than 10 feet in height and of such density as will obscure 90% of the light emitted from vehicle headlights on the premises throughout the full course of the year.
D. 
Illumination. All streets, drives, ramps, parking areas and loading and storage areas shall be illuminated in conformance with § 155-55E, except that such illumination shall not cause illumination in excess of 0.2 footcandles, either directly or indirectly, beyond the terminal property line adjoining any residential district or adjoining any nonconforming residential use.
E. 
Access road. The minimum right-of-way width for any access road shall be 60 feet. The access road shall be improved to provide a minimum of 24 feet of paved surface with a minimum ten-foot shoulder on each side.
F. 
Paving. All streets, drives, ramps, parking areas, loading areas and storage areas shall be paved in accordance with § 155-55B.
G. 
Drainage. The terminal shall be provided with proper drainage facilities so designed and constructed as to prohibit any adverse effect on any adjacent property.
H. 
Noise.
(1) 
The operation of any terminal shall be conducted in such a manner that any noise emanating from the operation shall conform to §§ 155-11Q and 155-17G(4).
(2) 
Noise emanating from vehicles using any access road shall not exceed the limits established by the Environmental Protection Agency for vehicles in interstate commerce.
I. 
If the Board of Supervisors, in consideration of any advice of the Planning Commission, has reason to believe that a proposed truck terminal may create a hazard to the public health and safety, then the Board of Supervisors may require an applicant or use to substantiate that necessary measures will be employed to avoid such hazards. In such case, the following shall be provided at a minimum:
[Added 6-15-1998 by Ord. No. 397]
(1) 
An environmental impact study (EIS) in conformity with this chapter.
A public or private educational institution shall conform to the following requirements:
A. 
A lot area of not less than five acres shall be provided for each such use.
B. 
Such use shall have direct access to either an arterial or a collector street, as defined in Article IV of this chapter.
C. 
Such use shall not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, or be detrimental to the public welfare.
D. 
The characteristics of the allowable types of public or private educational institutions are as follows:
(1) 
Academic schools, to include schools of the following character: adult schools, correspondence schools, colleges, educational tutoring, general education, schools for handicapped or retarded persons, public schools and others of like kind.
(2) 
Business and trade schools, to include schools of like character: computer programming, electronics, finance, key punch machine operator, management development, radio and others of like kind.
(3) 
Child-care schools, to include schools of the following character: day camps, day-care centers, kindergarten, nursery schools, prekindergartens, resident camps and others of like kind.
(4) 
Dance and music schools, to include schools of the following character: acrobatic dance, ballet dance, ballroom dance, freestyle dance, modern dance, music schools, tap dance, twirling schools and others of like kind.
(5) 
Martial arts, to include schools of the following character: ju jitsu, judo, karate and others of like kind.
(6) 
Occupational licensing schools, to include schools of the following character: barber schools, beauty culture schools, dental assistant schools, nursing schools, real estate schools and others of like kind.
(7) 
Professional and professional licensing schools, to include schools of the following character: bartender's school, business school, chiropractic schools, schools of fashion, schools of modeling, paralegal schools, photography schools, secretarial schools, travel agent schools and others of like kind.
(8) 
Religious schools, to include schools of the following character: Sunday schools, Hebrew schools, Bible schools and others of like kind.
(9) 
Sports training schools, to include schools of the following character: basketball, boxing, fencing, golf, gymnastics, tennis and others of like kind.
(10) 
Tutoring schools, to include schools of the following character: College Board preparation, math, reading, general tutoring and others of like kind.
(11) 
Any other schools not in the above subsections which are of like kind and nature.
E. 
The following types of educational institutions shall only be permitted as a special exception in the Commercial and Commercial/Industrial Districts:
(1) 
Driver educational schools.
(2) 
Schools for the maintenance and repair of motor vehicles, engines and aircraft.
(3) 
Flying schools.
(4) 
Outdoor athletic institutions.
(5) 
Schools for the maintenance and repair of appliances, including but not limited to heating and refrigeration, electric repairs, television repair, washer, dryer, dishwasher, garbage disposal, oven and like repairs.
(6) 
Welder training schools.
(7) 
Such other educational institutions having excessive light, noise, dust, traffic and other safety hazards.
A. 
A family day-care use is a facility in which care is provided for six or fewer persons at any one time, who are not relatives of the caregiver, where the care areas are being used as a family residence.
(1) 
Prior to the final approval of the use by the Zoning Hearing Board and the issuing of a permit by the Zoning Officer, the applicant must obtain a registration certificate from the Department of Public Welfare, Bureau of Child Development Programs, or other applicable agency.
(2) 
This use shall be conducted in a building with adequate ingress and egress and constructed so as to provide for the safety and well-being of the occupants.
(3) 
A minimum outdoor play area of 200 square feet of contiguous area shall be provided for each child. This area shall not include any impervious surface or parking areas.
(4) 
If a family day-care use is located adjacent to a nonresidential use, a parking lot or on a street classified as an arterial or collector road, the outdoor play area must be enclosed by a four-foot-high fence which is deemed appropriate by the Township.
(5) 
No more than one person other than resident members of the immediate family may be employed.
(6) 
Parking standards. In addition to the off-street parking required for a single-family home, at least one additional off-street parking space is required for each employee, plus one space for the loading and/or unloading of persons.
B. 
A group day-care center is a facility in which care is provided for more than six persons, who are not relatives of the caregiver, where the group care areas are being used as a family residence.
(1) 
A group day-care center shall be permitted when authorized by the Zoning Hearing Board as a special exception.
(2) 
A minimum lot area shall be required as per Article X.
(3) 
All standards noted above for family day-care shall be met.
(4) 
The regulations of the Pennsylvania Department of Welfare and all statutes and ordinances of the Commonwealth of Pennsylvania and the Township shall be met.
(5) 
Prior to final approval of the use by the Zoning Hearing Board and the granting of a permit by the Zoning Officer, the applicant must obtain a license from the Department of Public Welfare, Bureau of Child Development Programs. Licensure is certification of compliance with Chapter H, Section 8C, of the Department of Public Welfare's Social Services manual by this Department to the applicant subject to licensure under Article X of the Public Welfare Code.
A. 
Yard requirements.
(1) 
The minimum yard setback adjoining any residential district or adjoining any nonconforming residential use shall be not less than 50 feet.
(2) 
The minimum yard setback adjoining any Commercial or Commercial/Industrial District area shall be not less than 25 feet.
(3) 
The required yards shall not be utilized for any buildings, storage areas or any interior streets, drives or ramps, except:
(a) 
Any yard adjoining any Commercial or Commercial/Industrial District area may be utilized for any on-site sewerage disposal system approved by the Township Sewage Enforcement Officer.
(b) 
Any yard may be crossed by such access streets or drives as are necessary to provide proper ingress and egress.
B. 
Screening.
(1) 
The natural vegetation shall be maintained or replaced with plantings in all required yard space to provide screening from adjacent properties, except as provided by Subsection A(3).
(2) 
The screening in any yard adjoining any residential district or adjoining any nonconforming residential use shall be such that the natural vegetation or the supplemental plantings or other screening will, within two growing seasons, create a continuous screen not less than 10 feet in height and of such density as will obscure 90% of the light emitted from vehicle headlights on the premises throughout the full course of the year.
C. 
Illumination. All interior streets, drives, parking areas and storage areas shall be illuminated in conformance with § 155-55E, except that such illumination shall not cause illumination in excess of 0.2 footcandles, either directly or indirectly, beyond the parking lot property line adjoining any residential district or adjoining any nonconforming residential use.
D. 
Paving. All interior streets, drives, ramps, parking areas, loading areas and storage areas shall be paved in accordance with § 155-55B.
E. 
Drainage. The parking area shall be provided with proper drainage facilities so designed and constructed as to prohibit any adverse effect on any adjacent property in accordance with requirements of Chapter 135, Subdivision and Land Development.
F. 
Noise. The operation of any parking area shall be conducted in such a manner that any noise emanating from the operation shall conform to §§ 155-11Q and 155-17G(4).
G. 
Sanitary facilities. Sanitary facilities shall be provided in accordance with the standards for sewage disposal facilities in Chapter 73 of Title 25 of the Pennsylvania Code.
H. 
Refuse. Refuse and solid waste disposal areas should be adequately provided for, fenced and screened.
A. 
Riding stables and kennels shall not contain any animal exercise area, pen or kennel runway within 200 feet of any lot or street line, exclusive of clearly identified and well-maintained bridle paths.
B. 
Minimum lot and yard requirements of Article X shall be adhered to.
C. 
Off-street parking, loading, buffering and screening provisions are required per § 155-55 of this chapter.
D. 
One parking space shall be provided per each available riding animal, in addition to all other required parking spaces of § 155-55L.
E. 
One parking space shall be provided per four available animal pens, in addition to all other required parking spaces of § 155-55L.
[Added 3-10-2008 by Ord. No. 462]
A. 
Flea markets shall only be permitted by special exception within the Commercial District. The applicant shall provide the Township, particularly the Township Zoning Hearing Board and the Township Planning Commission, with plans to ensure adequate parking, emergency access, road access, sanitary facilities, refuse collection, noise control and cleanup after each day of operation.
B. 
All required permits and licenses must be applied for and issued to the applicant and all appropriate fees must be paid, including the appropriate flea market permit fee set forth in the Township fee schedule resolution.[1]
[1]
Editor’s Note: Said resolution is on file in the Township offices.
C. 
All flea markets shall conform to all requirements of Article X, applicable minimum lot and yard requirements, and any other requirements of this chapter or other ordinance of the Township. In the event there is an inconsistency in ordinance provisions and/or requirements, the more restrictive requirements shall apply.
D. 
There shall be no outdoor storage of supplies, goods or waste.
E. 
The appropriate area and number of off-street parking spaces shall be provided, and access to parking areas and emergency entrances shall be designated to minimize disturbance to adjoining properties. Flea market parking requirements for indoor facilities shall be a minimum of one space per 300 square feet of gross floor area and a maximum of one space per 200 square feet of gross floor area. The parking requirements for outdoor facilities shall be a minimum of one space per 375 square feet of gross floor area of sales and service buildings and a maximum of 1.5 spaces per 375 square feet of gross area of sales and service buildings.
F. 
A provision shall be made for water supply and sewerage disposal in accordance with accepted practice and applicable state, county and Township regulations and standards.
G. 
The operation of a flea market must comply with all state, federal and local rules and law.
H. 
Signs advertising a flea market shall comply with the limitations set forth in § 155-32A(6) of the Tobyhanna Township Zoning Ordinance.
I. 
The proposed use and related structures shall be arranged and/or constructed in accordance with an overall plan and shall be designed as a single architectural style with appropriate landscaping and buffering in a form compliant with the Township ordinances and acceptable to the Township.
J. 
No more than 30% of the lot area shall be occupied by buildings, booths, table, tents, parking lots and/or other impervious surfaces.
K. 
Flea markets shall be limited to parcels of land that are two acres in size or more.