The following rules of construction shall apply to this chapter:
A.
For the purpose of this chapter, certain terms and words are herein
defined. Whenever used in this chapter, they shall have the meanings
indicated in this article, except where context indicates a different
meaning.
B.
The particular shall control the general.
C.
The word "shall" and "must" are mandatory and not discretionary.
The word "may" is permissive.
D.
Words used in the present sense shall include the future; words used
in the singular number shall include the plural, and the plural the
singular, unless the context clearly indicates the contrary.
E.
The phrase "used for" includes "arranged for", "designed for", "intended
for" and/or "occupied for."
F.
The word "person" includes "individual," "profit or nonprofit organization,"
"partnership," "company," "unincorporated association," "corporation,"
or other similar entities.
When terms, phrases or words are not defined herein they shall
have their ordinarily accepted meanings or such as the context may
imply.
For the purpose of this chapter, the following words, terms
and phrases shall have the meanings herein indicated:
Any vehicle not stored in a fully enclosed building which
is not in good operating and roadworthy condition or which meets the
definition of motor vehicle nuisance in Borough Ordinance No. 5 of
2000.[1]
A nonprofit residential use in which rooms are provided to
serve as temporary safe and supportive environment for persons who,
because of actual or threatened physical or mental abuse, are forced
to leave their previous living arrangement. Such facilities shall
be designed to provide in-house living for persons only until a safe,
permanent living arrangement can be obtained.
One combined entrance/exit point or one clearly defined entrance
point, or one clearly defined entrance point separated from another
clearly defined exit point. This term shall not include accessways
or driveways that are strictly and clearly limited to use by only
emergency vehicles; such accesses are permitted by right as needed.
A use of land or of a structure or portion thereof incidental
and subordinate to the principal use of the land or building and located
on the same lot with such principal use. A portion of a principal
building used for an accessory use shall not be considered an accessory
structure.
Any place to which the public is permitted or invited, wherein
coin-operated or token-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas. An adult arcade shall be considered an adult business for the
purpose of this chapter.
A commercial establishment which, as one of its principal business
purposes or as a substantial part of its business, offers for sale
or rental, for any form of consideration, any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, video cassettes, or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as "adult bookstore" or "adult video
store." Such other business purposes will not serve to exempt such
commercial establishment from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is the offering for sale or rental for consideration the specified
materials which depict or describe specified sexual activities or
specified anatomical areas.
The term "adult bookstore" shall include but not be limited
to an adult video store, and all such uses shall be considered an
adult business for the purpose of this chapter.
Any of the following:
A use of a building or land for a business which has obscene
or erotic materials as a substantial or significant portion of its
stock-in-trade.
A use of a building or land for a business which involves the
sale; lease, trade, gift or display of drug paraphernalia as a substantial
or significant portion of its stock-in-trade.
Any nightclub, bar, restaurant, arcade, theater or any other
establishment that conducts live performances as a principal part
of its business that are characterized by the exposure of specified
anatomical areas or by specified sexual activities, or films, motion
pictures, video cassettes, slides or other photographic reproductions
in which a substantial portion of the total presentation time is devoted
to the showing of material that is characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas, or where any specified sexual activities are conducted
for economic gain or any other form of consideration.
Any of the following as defined in this Article III:
See "health facility."
A commercial use (which can include, but is not limited to,
a use selling food or beverages) including live entertainment involving:
Persons (which may include, but is not limited to, waiters,
waitresses, dancers, clerks, bartenders, contractors or others) appearing
in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or simulated or actual specified sexual
activities; or
Films, motion pictures, video cassettes, slides or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
An adult live entertainment use or facility shall be considered
an adult business for the purpose of this chapter.
A hotel, motel or similar commercial establishment, which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; or
Offers sleeping rooms for rent three or more times in one calendar
day.
An adult motel shall be considered an adult business for the
purpose of this chapter.
A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas. An adult motion-picture theater shall be considered an adult
business for the purpose of this chapter.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities. An adult
theater shall be considered an adult business for the purpose of this
chapter.
The use of any parcel of land for economic gain in the raising
of agricultural products, livestock, poultry and/or dairy products.
It includes necessary structures within the limits of the parcel and
the storage of equipment necessary for production. It excludes the
raising of fur-bearing animals, riding academies, livery or boarding
stables and dog kennels; and excluding the disposal or use of sludge,
septage or similar waste products.
An industry that involves the processing of raw agricultural
products and transforming those products into a more refined, prepared
or marketable state. Includes, but is not limited to, such uses as
tanneries, dairies and food canning and freezing operations.
In general, any area of land or water which is used, or intended
to be used, for the landing and takeoff of aircraft and any appurtenant
areas which are used, or intended to be used, for airport buildings
or air navigation facilities or rights-of-way, together with all airport
buildings and facilities thereon, excluding helicopters and other
vertical land/takeoff aircraft.[2]
As applied to a building or structure, means any change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement, whether by extending on a side or by increasing
in height, or the moving from one location or position to another.
A building or part of a building in which five or more pinball
machines, video games, or other similar player-operated amusement
devices are maintained. The use of less than five such devices shall
be permitted as an accessory use to any lawful principal commercial
use. Classified as a "service establishment."
A commercially operated park or facility with various devices
for entertainment, including but not limited to rides, games, electronic
games and similar devices, food stands and other associated facilities.
Classified as a "recreational facility, private."
See "dwelling."
An individual, trustee, executor, other fiduciary, corporation,
firm, partnership, association, organization or other entity acting
as a unit, and his/her/its heirs, successors and assigns, which is
seeking an approval or permit pursuant to this chapter.
See "recreational facility, private."
Any area not within a fully enclosed building used for the
shooting of arrows for recreational or training purposes, including
but not limited to target shooting ranges and target shooting courses.
Any such commercial operation, any such area operated by any private
nonprofit entity, any community association, any such area operated
by any sportsmen's, recreation or fraternal club or association with
25 or more members, and any such area which is used or is intended
to be used for more than five hours in any one week shall be considered
an outdoor archery range for the purposes of this chapter. Classified
as a "recreational facility, private."
A living area attached to the principal dwelling unit or
separate mobile home especially erected for and limited to the temporary
occupancy by a person who is "related" (see definition) to the permanent
residents of the principal dwelling unit on the parcel. Such use shall
be restricted to a relative who needs such accommodations because
of old age, developmental disability, illness, mental illness that
does not threaten physical harm to others, or physical handicap.[3]
An establishment for the custody, loan, exchange or issue
of money, for the extension of credit, and for facilitating the transmission
of funds. Classified as a "service establishment."
An enclosed floor area partly or wholly underground, other
than a building which is completely underground.
Any single-family dwelling in which more than three persons,
either individually or as families, are housed or lodged for hire,
with meals normally included as a part of the services rendered; shall
be restricted to transient visitors to the area.
A use where lawful gambling activities are conducted, including
but not limited to off-track pari-mutuel betting. This term shall
not include betting under the state lottery programs or betting under
the "small games of chance" provisions of state law, which shall instead
be regulated under the regulations applicable to the principal use
of the property (such as a "membership club").
Any dwelling in which more than three persons, either individually
or as families, are housed or lodged for hire with meals normally,
but not necessarily, included as a part of the services rendered.
Any building, structure, service or use under the direct
jurisdiction of Dalton Borough, Lackawanna County, Pennsylvania.
A strip of land that separates one use from another use or
feature and is not occupied by any building, parking, outdoor storage
or any use other than open space or approved pedestrian pathways.
It is used to provide separation between incompatible uses to effect
a visual barrier, reduce noise, block physical passage between uses,
and reduce noise, dust and litter. The separation may be effected
by fencing, dense vegetative planting, the provision of additional
setback distances, berms, or a combination thereof, and in general
widths of buffers are increased as the density or opaqueness of the
barrier decreases. A buffer yard may be a part of the minimum setback
distance but land within an existing street right-of-way shall not
be used to meet a buffer yard requirement.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, services, goods or materials of any kind
or nature.
The vertical distance of a building measured from the lowest exposed portion of the building to the highest point of the uppermost part of the building. (See § 400-15D.)
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any facility where fuel, including but not limited to kerosene,
home heating oil, gasoline and propane, is stored in large volume
tanks for distribution to retail or wholesale establishments.
Regulated as travel trailer parks and campgrounds by the Borough Subdivision and Land Development Ordinance. See Chapter 300, Subdivision and Land Development, for definition.
Any building or premises or portions thereof used for washing
automobiles for commercial purposes.
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building.
Land or buildings used for the burial of deceased humans
or animals. The interment or scattering of remains of properly cremated
humans or animals is not regulated by this chapter.
An area of unobstructed vision at a street intersection(s)
defined by lines of sight between points at a given distance from
the intersecting street right-of-way lines.
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,
boardinghouse, 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 occupation, employment or enterprise carried on for profit
by the owner, lessee or licensee.
All of the real property and improvements dedicated for the
common use and enjoyment of the residents of a particular development,
including, but not limited to, open land, development improvements,
common facilities, and recreation area.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio service
or any other wireless communications signals, including without limitation
omnidirectional or whip antennas and directional or panel antennas,
owned or operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include:
Industrial, scientific and medical equipment as regulated by
the Federal Communications Commission in 47 CFR 18.
Military and government radar antennas and associated communication
towers used for navigational purposes as regulated by 47 CFR 87.
Amateur (ham) and citizen band transmitting and receiving antennas
and associated communication towers as regulated by 47 CFR 97 and
47 CFR 95, respectively, and which are less than 100 feet in height.
Radio transceivers normally hand-held or installed in a vehicle,
such as an automobile, truck, trailer or watercraft.
A radio frequency machine which is designated and marketed as
a consumer product, such as microwave ovens and radio control toys.
Private-residence-mounted satellite dishes or television antennas.
An unmanned building or cabinet containing communications
equipment required for the operation of communications antennas and
covering an area on the ground not greater than 250 square feet.
A structure other than a building, such as a monopole, self-supporting
or guy tower, designed and used to support communications antennas.
The vertical distance measured from the ground level to the
highest point on a communications tower, including antennas mounted
on the tower.
The Dalton Borough Comprehensive Plan, including all maps,
charts and textual matter.[4]
A use which is not appropriate to a particular zone district
as a whole, but which may be suitable in certain localities within
the district only when specific conditions and factors prescribed
for such cases within this chapter are present. Conditional uses are
allowed or denied by the Borough after recommendations by the Planning
Commission.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Any premises used as the base of operation by any tradesman
or contractor for the storage of equipment, vehicles and supplies.
A one-story, retail store that is designed and stocked to
sell primarily food, beverages and other household supplies to customers
who purchase only a relatively few items (in contrast to a "supermarket");
it may also include the sale of gasoline but shall not include the
repair or service of vehicles. Classified as a "retail establishment."
An enclosure for confining livestock and which is typically
attached to or situated in close proximity to a stable or barn, as
contrasted to a pasture.
A recreational property owned and managed by a membership
organization and including recreational facilities, restaurant and
meeting rooms. Classified as a "recreational facility, private."
A furnace or establishment for the incineration of corpses.
An agricultural use involving the use of land for the raising
of cultivated plants or agricultural produce such as grain, vegetables,
silage or fruit. The definition excludes commercial greenhouses and
commercial nurseries as defined by this chapter.
A use providing supervised care and assistance primarily
to persons who are over age 60 and not in good physical health or
suffering from Alzheimer's disease or are developmentally handicapped
and/or are physically handicapped and who need such daily assistance
because of such condition. This use shall not include persons who
need oversight because of behavior that is criminal or violent. This
use may involve occasional overnight stays but shall not primarily
be a residential use. The use shall involve typical stays of less
than a total of 60 hours per week per person.
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of
less than 18 hours during the average day. This use may also include
educational programs that are supplementary to state-required education,
including a nursery school. The following three types of day care
are permitted without regulation by ordinance: 1) care of children
by their own relatives and 2) care of children within a place of worship
during regularly scheduled weekly religious services. (See also the
definition of "day care, adult.")
CHILD) DAY CARE, AS AN ACCESSORY USE A type of day-care use that provides care for six or fewer children at one time who are not relatives of the caregiver.
CHILD) DAY-CARE CENTER, AS A PRINCIPAL USE A type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary operator.
An elevated (more than six inches) attached accessory structure
constructed of wood with no walls or roof. As an attached accessory
structure, it must meet the required setbacks for the principal building.
The total number of dwelling units proposed on a lot divided
by the "lot area", unless otherwise stated.
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
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 landowner, agent of such owner, or tenant with the permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, the placement
of manufactured homes, streets and other paving, utilities, filling,
grading, excavation, mining, dredging or drilling operations and the
subdivision of land.
A land area within the Borough within which certain uniform
regulations and requirements apply under the provisions of this chapter.
An area of land which may include accessory uses such as
the sale of snacks and which is devoted to the showing of motion pictures
which are viewed by persons in vehicles. Classified as a "theater."
A privately owned, constructed and maintained vehicular access
from a street or access drive to only one dwelling unit, commercial
unit, institutional or industrial principal use.
Any objects, devices, instruments, apparatus or contrivances,
whose primary and traditionally exclusive use is involved with the
illegal use of any and all controlled substances under Pennsylvania
law.
A structure or portion thereof which is used exclusively
for human habitation.
A building or buildings designed for occupancy by three or
more families living independently of each other in separate dwelling
units. The term "multifamily dwelling" shall include condominium as
well as noncondominium housing units, including the following construction
types: (See also definition of "multifamily project.")
CONVERSION APARTMENTSA new dwelling unit created within an existing building which creates three or more units.
GARDEN APARTMENTA multifamily dwelling not exceeding 2 1/2 stories in height and containing three or more dwelling units which are located one over the other and which, when more than three units are utilized, are attached side by side through the use of common party walls, and which shall have side yards adjacent to each first-story end unit. Each dwelling unit is accessible by a common stairwell.
TOWNHOUSEA multifamily dwelling of three or more dwelling units of no more than 2 1/2 stories in height, in which each unit has its own front and rear accesses to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls without openings.
APARTMENT BUILDINGA multifamily dwelling containing dwelling units having only one floor and typically with an entrance door to a common hallway shared by other dwelling units.
See definition of "multifamily project."
A dwelling unit detached from any other dwelling unit accommodating
a single family and having a front, rear and two side yards.
A dwelling accommodating two families either with units which are attached side by side through the use of a party wall and having one side yard adjacent to each dwelling unit or upstairs/downstairs units. A two-family dwelling in a multifamily project shall be considered a townhouse for the purposes of regulation by this chapter. (See definition of "multifamily project" and § 400-21.)
A single habitable living unit including a kitchen, sleeping
facilities, and a separate bath and toilet, designed as a household
unit for extended periods of occupancy for living and sleeping purposes
by not more than one family at a time.
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.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the owner's
property.
Notice given by a municipality through the Internet of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.[5]
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association or establishment which furnishes,
offers to furnish, or advertises to furnish escorts as one of its
primary business purposes for a fee, tip or other consideration. An
escort agency shall be considered an adult business for the purposes
of this chapter.
Municipal or utility facilities that do not require enclosure
in a building which are necessary for the public health and safety
and which are routine, customary and appropriate to the character
of the area in which proposed, including such facilities as poles,
towers, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other
similar equipment. Buildings, sewage treatment plants, solid waste
disposal facilities, commercial communications towers, utility company
offices, storage of trucks or equipment, and bulk storage, and any
commercial communications devices and/or facilities not specifically
regulated by the Pennsylvania Public Utility Commission shall not
be considered essential services. (For essential services requiring
enclosure in a building, see "semipublic building or use.")
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight rooms, exercise equipment, nonhousehold
pool and racquetball courts. Classified as a "service establishment."
One or more persons living in a single dwelling unit functioning as a common household unit sharing household expenses and sharing joint use of the entire dwelling unit. If a dwelling unit is rented, in order to quality as a family there shall not be more than one lease among all of the occupants. (See provisions in § 400-23 regarding maximum number of unrelated persons within a group home. A treatment center shall not be considered a family or a group home. See also the definition of a "dwelling unit.")
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier, and which is constructed of wood,
chain-link, metal, fiberglass, vinyl or aluminum and/or plastic inserts.
Man-made barriers constructed principally of masonry, concrete, cinder
block or similar mostly solid materials shall be considered a wall.
The term "wall" does not include engineered retaining walls, which
are permitted uses as needed in all districts. The terms "fence" and
"wall" do not include hedges, trees or shrubs.
An occasional or periodic sales activity held outside a fully
enclosed building, where stalls or sales areas are set aside and rented
or otherwise provided and which are intended for use by one or more
unrelated individuals to sell articles that are either homemade, homegrown,
handcrafted, old, obsolete or antique, and may include the selling
of goods at retail by businesses or individuals who are generally
engaged in retail trade. Flea markets shall not include any operation
which involves the sale of any obscene or pornographic material or
any activity included in the definition of "adult business" contained
in this chapter.
The management of forests and timberlands when practiced
in accord with accepted silvicultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any of the following: a land development,
the operation of a sawmill, or the operation of any other wood manufacturing
business.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: a) embalming and
the performance of other services used in preparation of the dead
for burial; b) the performance of autopsies and other surgical procedures;
c) the storage of caskets, funeral urns, and other related funeral
supplies; and d) the storage of funeral vehicles; but shall not include
facilities for cremation. Where a funeral parlor is permitted, a funeral
chapel shall also be permitted.
A building or portion thereof used only for the storage of
automobiles by the families resident upon the premises or by individuals
residing in the immediate vicinity of such storage facilities.
A retail establishment engaged in the sale of ornamental
trees, shrubs and plants and supplies for gardening and landscaping.
Classified as a "retail establishment."
A structure, building or area of land or any portion thereof
that is used for the sale of gasoline and oil or any other motor vehicle
fuel and/or other lubricating substance, which may or may not include
facilities for lubricating, washing and sale of accessories, but not
including the painting and/or body work thereof and other vehicle
and equipment repair operations as defined by this chapter. Any business
or industry dispensing gasoline and servicing vehicles only for its
own use will not be deemed to be a gasoline service station.
A tract of land for playing golf, improved with trees, greens,
fairways, hazards, and which may include clubhouses and shag ranges,
but does not include miniature golf courses or golf driving ranges.
Classified as a "recreational facility, private."
A novelty version of golf played with a putter and golf ball
on a miniature course, typically with artificial playing surfaces,
and including obstacles such as bridges and tunnels. Classified as
a "recreational facility, private."
A facility arranged with golf tees and used for longer range
play of golf balls, where balls are supplied for a fee. It may also
include a putting green. Classified as a "recreational facility, private."
A vehicle having both a current and valid registration and
current and valid inspection sticker as required by the motor vehicle
laws of the Commonwealth of Pennsylvania or, if lacking a registration
and/or inspection sticker, is in full and complete working order and
condition and, but for not having said current registration and inspection
sticker, could be safely and legally operated on a public roadway.
Registrations and inspections which have been expired for less than
60 days shall be considered current for the purposes of this definition.
A structure, typically constructed of metal or wood framework
and covered with glass or plastic, used for the propagation of plants
for wholesale distribution, and including associated structures for
office space and storage but not including retail sales of any products
or services.
A detached accessory structure, typically constructed of
metal or wood framework and covered with glass or plastic, used for
private use.
The sum of the total horizontal areas of the several floors
of a building measured from the exterior face of exterior walls or
from the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for vehicles, any space where
the floor-to-ceiling height is less than six feet, elevator shafts,
common stairwells in an apartment building, and unenclosed porches,
decks and breezeways.
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of the maximum number of persons permitted by the group home standards of § 400-23 and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental retardation
or other handicap* as defined by applicable federal law.
Does not meet the definition of a treatment center/clinic.
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
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*
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NOTE: As of 1992, the Federal Fair Housing Act[6] defined "handicap" as follows: "1) a physical or mental
impairment which substantially limits one or more of such person's
major life activities; 2) a record of having such an impairment; or
3) being regarded as having such an impairment, but such term does
not include current illegal use of or addiction to a controlled substance
as defined in Section 802 of Title 21 of the Criminal Code."[7]
NOTE: A use that would otherwise meet the definition of "group
home," but which includes more than the permitted number of residents,
shall be considered an "institutional group home," which is a distinct
use.
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In relation to minimum dwelling size, the sum of the total
horizontal areas of the several floors of a dwelling unit measured
from the interior face of walls, but not including interior parking
spaces, loading space for vehicles, any space where the floor-to-ceiling
height is less than six feet, elevator shafts, common stairwells in
an apartment building, and unenclosed porches, decks and breezeways
or any area which is not fully heated for human habitation.
A licensed home for inmates on release from more restrictive
custodial confinement or initially placed in lieu of such more restrictive
custodial confinement, wherein supervision, rehabilitation and counseling
are provided to mainstream residents back into society, enabling them
to live independently. Such placement is pursuant to the authority
of the State Department of Corrections. Considered a "detention facility"
for purposes of regulation by this chapter.
Publicly or privately operated establishments engaged in
providing services for human health maintenance, including hospitals,
medical clinics, nursing homes, adult care facilities and personal
care homes, but not including treatment centers/clinics or abused
person shelters as defined by this chapter.
An area used for the takeoff and landing of helicopters and
other vertical land/takeoff aircraft, together with any related support
facilities such as for maintenance, refueling and storage. This chapter
is not intended to regulate the nonroutine emergency landing and take-off
of aircraft to pickup seriously injured or ill persons.
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport."
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period (in addition to flights necessary for emergency medical purposes) and that is not available for use by the general public. This is also known as a "helistop."
Any use customarily conducted entirely within a dwelling and carried on by the inhabitants residing therein, providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes; the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling; and no goods are publicly displayed on the premises other than a sign as provided herein; and may include professional practice (limited to a single practitioner) of medicine, dentistry, architecture, law and engineering, artists, beauticians, barbers and similar types of uses, excluding commercial stables, veterinarians, commercial kennels or motor vehicle or small engine repair shops and other uses not meeting the requirements of § 400-17C of this chapter.
Any animal of the horse family or resembling a horse, including,
but not limited to, horses, ponies, mules and donkeys.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions, and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities, but not including treatment centers/clinics or
abused person shelters as defined by this chapter. Classified as a
"health facility."
A facility offering temporary (generally for periods of two
weeks or less) lodging accommodations to the general public, typically
on the basis of daily or weekly rentals, and providing additional
services such as restaurants, meeting rooms and recreational facilities.
Area covered by roofs, concrete, asphalt or other man-made
cover which has a coefficient of runoff of 0.7 or higher. The Borough
Engineer shall decide any dispute over whether an area is impervious.
Areas of land paved for the sole purpose of noncommercial tennis courts,
trails or basketball courts or closely similar active outdoor recreation
may be deleted from impervious surfaces for the purposes of determining
permitted impervious coverage, unless those areas would also be used
for nonrecreational uses (such as parking).
Any fully enclosed building used for shooting of arrows for
recreational or training purposes. Any such commercial operation,
any such area operated by any private, nonprofit entity, any community
association, any such area operated by any sportsmen's, recreation
or fraternal club or association with 25 or more members, and any
such area which is used or is intended to be used for more than five
hours in any one week shall be considered an indoor archery range
for the purposes of this chapter. Classified as a "recreational facility,
private."
Any fully enclosed building used for the discharge of any
firearm for recreational or training purposes. Any such commercial
operation, any such area operated by any private, nonprofit entity,
any community association, any such area operated by any sportsmen's,
recreation or fraternal club or association with 25 or more members,
and any such area which is used or is intended to be used for more
than five hours in any one week shall be considered an indoor shooting
range for the purposes of this chapter. Classified as a "recreational
facility, private."
Any scrap, waste, refuse, reclaimable material or debris, vehicles,
appliances, equipment or machinery, or parts thereof, whether or not
stored or used in conjunction with dismantling, processing, salvage,
storage, baling, disposal or other use or disposition. Junk shall
include, but shall not be limited to:
Scrap iron, tin, brass, copper, lead, zinc and all other metals
and alloys; bones, rags, paper, used cloth, used rubber, used rope,
and similar materials; old or used or parts of machinery, vehicles,
tools, appliances, furniture, plumbing, heating and other fixtures,
and pipe and pipe fittings;
Used lumber, boxes, crates and pallets;
Used tires;
Other worn, deteriorated or obsolete manufactured goods which
are unusable;
Mobile/manufactured homes that are not in habitable condition;
and
Abandoned or junked vehicles.
Junk shall not include:
Any solid or liquid waste the disposal of which is regulated
by the Pennsylvania Department of Environmental Protection;
Agricultural vehicles and implements such as tractors, mowers,
etc., for use as parts for equipment and machinery used as part of
an active, ongoing agricultural operation, provided such equipment
is stored on the premises of the operation, can be legitimately used
for parts, and is adequately screened; and
Construction and contractors' equipment for use as parts for
equipment and machinery used as part of an active, ongoing contracting
business legally operating in accord with this chapter, provided such
equipment is stored on the premises of the operation, can be legitimately
used for parts, and is adequately screened.
An area of land, with or without buildings, used for the storage,
outside a completely enclosed building, of junk as defined by this
chapter, with or without the dismantling, processing, salvage, sale
or other use or disposition of the same. The following shall also
be considered junkyards:
Vehicle sales lots managed by licensed vehicle dealers operated
in accord with this chapter shall not be considered junkyards.
Any establishment housing dogs, cats or other household pets
and where breeding, boarding or selling of animals is conducted as
a business. This definition shall also include any veterinary clinic
with outdoor animal runs and any premises where more than four dogs
more than six weeks in age are kept.
Any of the following activities:
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; or
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 definition of "land development" shall not include:
The addition of an accessory building on a lot or lots subordinate
to an existing principal building;
The conversion of an existing single-family detached dwelling
or a two-family dwelling into not more than three residential dwelling
units, unless such units are intended to be a condominium.
The legal or beneficial 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 a landowner, or other persons
having a proprietary interest in land, shall be deemed to be landowners
for the purpose of this chapter.
The raising or keeping of livestock for home use or any commercial
purpose.[8]
Any animals raised or kept for home consumptive use or profit,
including, but not limited to, cattle, bison, sheep, goats, llamas,
swine, fowl, rabbits, insects and fur-bearing animals.
A designated parcel, tract or area of land, regardless of
size, established by a plat or other legal means, and intended for
transfer of ownership, use, lease or improvements or for development,
regardless of how or if it is conveyed.
The total number of square feet in the lot less any area
included in any public road rights-of-way affecting the lot.
That portion or percentage of the lot area which is covered
by buildings, roads, driveways, walkways, parking areas, or other
impervious surfaces.
The average horizontal distance between the front lot line
and the rear lot line.
Any lot or parcel of property which was legally in existence
and properly on file with the Lackawanna County Recorder of Deeds
prior to the effective date of this chapter, as amended.
A lot that abuts two approximately parallel streets.
The line separating the lot from a street.
A single-family detached dwelling on an individual lot, with
the building set on or close to one side property line, so that the
lot essentially has only one side yard. This side yard and the rear
yard constitute the primary outdoor living areas for the dwelling.
Typically, no windows are placed in the building wall that is on the
lot line. If the building is set on the lot line, a five-foot easement
is provided on the adjacent property along the lot line for necessary
access and maintenance of the building wall.
The lot line most distant from and most parallel to the front
lot line.
Any lot line other than a front or rear lot line.
The average horizontal distance between the side lot lines,
measured parallel to the front lot line.
Notice given by a municipality by first-class mail of the
time and place of a public hearing and the particular nature of the
matter to be considered at the hearing, pursuant to 53 P.S. § 10109.[9]
A transportable single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one or more sections,
which arrives at a site complete and ready for installation except
for minor and incidental unpacking and assembly operations and constructed
so that it may be used with or without a permanent foundation, including,
but not limited to, mobile homes and modular homes.
Establishments engaged in the basic mechanical, chemical
or other transformation of extracted or raw materials or substances
into new products or materials, including, but not limited to, the
assembly of component parts, the manufacturing or transformation of
products for use by other manufactures; the blending of materials
such as lubricating oils, plastics, resins or liquors; other basic
industrial processes, and any facility involving processes resulting
in the storage of hazardous materials or the generation of hazardous
waste products, or other environmentally regulated processes.
Facilities involving generally unobtrusive processes not
resulting in the storage of hazardous materials or the generation
of hazardous waste products, or other environmentally regulated processes.
Uses producing products predominately from previously prepared materials,
finished products and parts, including, but not limited to, research,
engineering or testing laboratories, assembly from components, fabrication
of products, textile and clothing manufacturing, warehousing, distribution
centers, furniture or other wood products production and the like,
but excluding basic industrial processing.
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's skin other
than the face or neck by another person(s) for a certain monetary
compensation, and which does not involve persons who are related to
each other by blood, adoption, marriage or official guardianship.[10]
A service establishment that meets all of the following criteria:
An establishment that meets all of the following criteria:
"Massages" are conducted (see definition);
The person conducting the massage is not licensed as a health
care professional or a licensed massage therapist by the state:
The massages are not conducted within a licensed hospital, nursing
home, personal care center or office of a medical doctor or chiropractor;
The massages are conducted within private or semiprivate rooms;
and
The use is not clearly a customary and incidental accessory
use to a permitted exercise club or to a high school or college athletic
program.
A massage parlor shall be considered an adult business for the
purposes of this chapter.
An establishment where patients are admitted for examination
and treatment by one or more physicians, dentists, psychologists or
social workers and where patients are not lodged overnight, but not
including treatment centers/clinics or abused person shelters as defined
by this chapter. Classified as a "health facility."
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but 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.
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly, contained in one unit or in
two 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 without
a permanent foundation.
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, the said mobile home
as defined by this chapter.
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; the said mobile homes as
defined by this chapter.
A residential structure associated with a principal permitted
commercial use and not intended for permanent occupancy and used solely
for demonstration purposes to inform potential purchasers of the types
of homes available from the seller.
A facility offering temporary (generally for periods of two
weeks or less) lodging accommodations to the general public, typically
on the basis of daily or weekly rentals, with at least 25% of the
rooms having direct access to the outside.
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units, which
units may or may not be conveyed with a specified lot after development.
Any residential development which proposes the construction of two
or more two-family dwellings on a single parcel of property shall
also be considered a multifamily project. A two-family dwelling in
a multifamily project shall be considered a townhouse for the purposes
of regulation by this chapter.
A building containing two or more independent, nonresidential
uses; such uses also being permitted in the district where the multiple-occupant
building is proposed.
The mining, removal or recovery by any means whatsoever (including,
but not limited to, open excavations and quarries and subsurface mining)
of soil, rock, minerals, mineral substances or organic substances
other than vegetation, from water, land, on or beneath the surface
thereof; said substances including but not limited to coal, limestone,
shale, dolomite, sandstone, sand, clay, gravel, rock, stone, earth,
ore, peat, soil, or other mineral.
The refinement of minerals to specifications for sale, including,
but not limited to, the crushing, screening, washing or grading of
minerals; 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.
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 of those normally associated with
residential use.[11]
The business or commercial activity must satisfy the following
requirements:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge, in volume or type, which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
If the business meets all such requirements, it shall be considered
a lawful accessory use to a dwelling.
Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration. A nude model studio shall be considered an adult business for the purposes of this chapter. [See § 400-32D(9).]
The appearance of a human bare buttock, anus, male genitals,
female genitals, or full female breast.
A commercial operation where trees and shrubs are grown for
transplanting, for use as stocks for budding and grafting, or for
sale.
A facility licensed by the commonwealth for the housing and
intermediate or fully-skilled nursing care of three or more persons
needing such care because of old age or a physical illness or disability
or a developmental disability, but not including treatment centers/clinics
or abused person shelters as defined by this chapter. Classified as
a "health facility."
Any literature, book, magazine, pamphlet, newspaper, paper,
comic book, drawing, photograph, figure, image, motion picture, sound
recording, article, instrument or any other written or recorded matter
which depicts or describes any specified anatomical areas and/or specified
sexual activities.
A building used primarily for conducting the affairs of a
business, profession, service, industry or government, or like activity.
That part of a particular development tract set aside for
the protection of sensitive natural features, farmland, scenic views
and other primary and secondary conservation areas identified by this
chapter. Open land may be accessible to the residents of the development
and/or the Borough, or it may contain areas of farmland, forest land
or estate lots which are not accessible to project residents or the
public.
See definition of "lot."
An open area for the same uses as a private garage.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public, whether
for a fee, free or as an accommodation for clients or customers.
An open recreational area or structure, 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.
A cement, concrete, treated wood or cinder-block-walled foundation
erected on a poured concrete, frost-free footer.
A document issued by the proper Borough authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit that may be issued indicating that a proposed use, building or structure is, to the best knowledge of the Borough Staff, in accordance with this chapter, and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations.
USE PERMITA permit that may be required by the Borough that is issued upon completion of the construction of a structure, or change in use of a structure or parcel of land, or re-occupancy of a structure or land, indicating that the premises, to the best knowledge of the Building and Zoning Officers, complies with the provisions of Borough ordinances. This shall have the same meaning as a "certificate of use and occupancy."
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the Borough Staff, in accordance with the provisions of the building code(s) adopted by the Borough.
A residential use providing residential and support services
primarily to persons who are over age 60, physically handicapped and/or
the developmentally disabled, and that is licensed as a personal care
center by the commonwealth, but not including treatment centers/clinics
or abused person shelters as defined by this chapter. Classified as
a "health facility."
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated by a tax-exempt organization for nonprofit
and noncommercial purposes. A place of worship may include two dwelling
units as an accessory use to house full-time religious leaders and
their families. If a religious use is primarily residential in nature,
it shall be regulated as the appropriate dwelling type; for example,
a use involving multifamily dwellings shall be regulated as such in
terms of district location, density and other design standards.
An attached roofed patio or deck. With the exception of the
wall adjoining the principal structure, all walls must be open or
screened with a wall no higher than four feet above the floor level.
A porch is considered an attached accessory structure and must meet
those setback requirements for principal structures.
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a principal building shall
be considered part of that principal building.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
The office of a member of a recognized profession maintained
for the conduct of that profession, including the following professions:
accountant, architect, author, dentist, engineer, insurance agent,
landscape architect, lawyer, optometrist, planner, physician, realtor,
and other such occupations as may be designated by the Borough as
part of the conditional use process by virtue of the need for specialized
training and experience as a condition of the practice of the profession
and that such profession will in no way adversely affect the safety
or character of surrounding properties to a greater extent than the
specific professions listed herein. The issuance of a federal, state
or local license for regulation of any gainful occupation need not
be deemed indicative of professional standing. Classified as an "office
building."
Any structure, building or use owned and operated by a government
body or agency including such things as public schools, parks, civic
centers, but excluding solid waste disposal facilities, institutional
uses, nursing homes, hospitals and other use specifically defined
by this chapter.
Notice published once each week for two consecutive weeks
in a newspaper of general circulation in the Borough. 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.
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 road course, either oval, circuitous or straight, where
motor vehicles, including but not limited to automobiles, trucks,
go-carts, motorcycles, motor scooters, dune buggies and the like,
are driven for pleasure, testing or competition; or any course where
animals are raced for competition.
Outdoor or indoor areas or structures, operated by private
nonprofit or private commercial entities, open to the public, which
may contain entertainment and amusement devices or attractions, including
but not limited to amusement parks, picnic groves, animal farms, zoological
parks, tennis and racquetball courts, ski areas, golf courses, country
clubs, miniature golf courses, golf driving ranges, animal racing
tracks, and the like, but excluding racetracks, theaters, public parks
and playgrounds.
Parks, swimming pools, playgrounds, tennis courts, and other
recreational facilities, including associated buildings, owned and
operated by the Borough, county, school district, state or federal
government.
See "campground or RV park."
A private or public space associated with a residential development,
including accessory structures such as fences, backstops and bleachers,
used for play and/or recreation by individuals.
A private or public space associated with a residential development,
including accessory structures such as fences, backstops and bleachers
and other equipment, used for play and/or recreation by individuals,
and including, but not limited to, golf courses, basketball, volleyball
and tennis courts, baseball, football and soccer fields, and playgrounds.
A private or public space associated with a residential development,
not including any accessory structures used for inactive recreation
by individuals, and including, but not limited to, trails, picnic
areas, community gardens, and lawns.
A vehicle with or without motor power which may be towed
on the public highways by a passenger automobile or truck without
a special hauling permit or which may be driven under its own power.
This definition includes, but is not limited to, campers, travel trailers,
buses, camping trailers, pickup trucks with slide-in campers, recreational
vehicle homes and motor homes.
Materials intended for reuse, remanufacture or reconstitution
and including for the purposes of this chapter only the following
materials: aluminum beverage containers; glass beverage and food containers;
plastic beverage, food and household product containers but not including
plastic film or bags; bimetal food containers; newsprint, magazines
and office paper; and corrugated paper. Recyclables shall not include
tires, large appliances such as stoves, refrigerators, washers and
dryers, other scrap metal, used motor oil or any other material defined
as "junk" or "solid waste" by this chapter.[15]
A center for the collection and/or processing of recyclable
materials. A recycling facility does not include storage containers
or processing activity located on the premises of a residential, commercial
or manufacturing use and used solely for the recycling of material
generated by that residential property, business or manufacturer.
Any facility accepting or processing waste or other discarded materials
which are not recyclables as defined or authorized under this chapter
shall be considered a junkyard or solid waste facility as regulated
by this chapter. Recycling facilities shall be consider light manufacturing
for the purposes of regulation by this chapter.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
brother, sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, nephew, sister-in-law, brother-in-law,
father-in-law, mother-in-law or first cousin. It shall not include
relationships such as second, third or fourth cousins.
An establishment that sells ready-to-consume food or drink
where at least a portion of patrons are served while the patrons remain
in their motor vehicles.
An establishment that sells ready-to-consume food or drink
and that routinely involves the consumption of at least a portion
of such food on the premises: A standard restaurant may include the
accessory sale of alcoholic beverages. However, if such sale is a
primary or substantial portion of the total trade, the requirements
of a tavern must be met.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods, and which is not otherwise
listed as a use in the Schedule of Uses.
Land reserved for use as a street, drainage facility or other
public or community use. A right-of-way shall not be considered as
land area when computing lot size.
A ground-based reflector, usually parabolic in shape, that
receives electronic signals from a satellite. This term shall also
include any pedestal or attached structure.
Any facility, including structures, machinery and associated
equipment, where timber is sawed into boards. Any facility which includes
the drying of boards in kilns or the fabrication of any product shall
be considered "agricultural products processing."
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
Not visible from any adjoining or neighboring property, any
public or private road right-of-way, or any other premises which is
accomplished by fencing, topography, berms, natural and planted vegetation
or other means approved by the Borough.
A building or buildings containing separated spaces to be
leased or rented to individuals and/or businesses for the storage
of personal belongings, goods or supplies.
Buildings or uses operated by nonprofit, community-based
organizations for the general use of Borough residents, including
fire houses, ambulance buildings, private schools, libraries and the
like, but excluding institutional uses such as nursing homes, hospitals,
sanitariums and clinics or other use specifically defined and listed
in the Schedule of Uses. It shall also include essential services
and public utilities that require enclosure within any structure or
building.
Establishments engaged in providing services involving the
care or needs of a person or his or her apparel such as cleaning and
garment services, beauty and barber shops, shoe repair, dry cleaning
and laundries, photographic studios, etc., and which is not otherwise
listed as a use in the Schedule of Uses.
An open unoccupied space which shall extend the full depth
or width of a lot and which shall not be occupied by any portion of
any building. Front setbacks shall be measured from the edge of the
highway right-of-way and other setbacks from property lines. In the
case of flag lots, the front setback shall be measured from the lot
line closest to the public road right-of-way from which access is
gained.
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal requirements.
CENTRAL OR COMMUNITY SEWAGE DISPOSALA sanitary sewage collection and treatment system meeting the requirements of the Pennsylvania Department of Environmental Protection in which sewage is carried from individual lots or dwelling units by a system of pipes to a central treatment and disposal facility or system, which may be publicly or privately owned and operated, including sewage treatment plants, land-application systems, and community sewage disposal systems. A system designed to serve a two-family dwelling or two dwelling units located on the same property or adjacent properties shall not be considered as central sewerage for unit density determination, and in such a case all development standards, including but not limited to unit densities, will apply the same for each dwelling or unit as any single-family unit.
PUBLIC SEWAGE DISPOSALA central sewage disposal system owned and operated by a government or governmental agency.
ON-LOT OR INDIVIDUAL SEWAGE DISPOSALAny sewage disposal system (whether subsurface or above ground) used to treat and dispose of domestic sewage into the soil on an individual lot in accord with Pennsylvania Department of Environmental Protection rules and regulations.
An accessory structure, either attached or detached, used
for the storage of tools, minor equipment, and materials.
A group of commercial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on site, provision for goods delivery separated from customer access,
aesthetic considerations and protection from the elements.
See Article XI.
A use involving the killing of animals for the production
of food or some other associated commercial product which is sold
wholesale. A commercial stockyard or similar facility that primarily
involves the bulk storage or transferring of animals on the way to
slaughter shall also be considered a slaughterhouse. This shall not
include a custom butcher shop that involves the killing of animals
for retail sales directly to customers at the butcher shop.
Any facility or operation of a private individual or firm
pursuant to the laws of the Commonwealth of Pennsylvania governing
the management and disposal of solid waste, including, but not limited
to, liquid, solid, toxic, hazardous and medical waste, and including
but not limited to transfer stations, solid waste landfills, incinerators,
medical waste disposal facilities, hazardous waste disposal facilities
and radioactive waste disposal facilities.
Any facility or operation of a public entity pursuant to
the laws of the Commonwealth of Pennsylvania governing the management
and disposal of solid waste, including, but not limited to, liquid,
solid, toxic, hazardous and medical waste, and including but not limited
to transfer stations, solid waste landfills, incinerators, medical
waste disposal facilities, hazardous waste disposal facilities and
radioactive waste disposal facilities.
Any garbage, refuse, industrial, lunchroom or office waste
or other material, including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
The term shall also include any garbage, refuse, other discarded material
or other waste, including solid, liquid, semisolid or contained gaseous
materials resulting from industrial, mining, agricultural operations'
local facilities or any other by-product or effluent from an industrial,
mining or agricultural water supply treatment facility, wastewater
treatment facility or air pollution control facility, or any other
material defined by the PA DEP as solid, liquid, municipal, medical,
industrial, toxic or hazardous waste.
Any parcel of property used for the transfer of solid waste
from one vehicle to another vehicle, at a location other than the
generation site, for transport to a solid waste facility; or which
is used for the parking or storage of vehicles and/or containers used
to transport solid waste, and which is not regulated by the PA DEP
as a solid waste transfer facility.
A use allowed, with permission granted by the Zoning Hearing
Board, to occupy and use land and/or a building for specific purposes
in accord with this chapter.
Any of the following:
Any of the following:
A structure or land where horses are kept for remuneration, hire, sale, boarding, riding or show, and which includes the commercial hire of horses to the general public for riding or other purposes. (See § 400-36C.)
An accessory structure or use of land where horses are kept for the sole use of the residents of the principal structure, and which includes no remuneration, hire, boarding or other commercial use. (See § 400-36B.)
An area, not on the same parcel where the products are initially
harvested or gathered, to which trees, forest products, flag stone,
landscaping stone, or wall stone are hauled and stored, and which
does not involve any of the following: the operation of a sawmill,
the operation of any other wood manufacturing business, or the operation
of any natural resources processing.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare except
an alley. "Public rights-of-way" shall be those open to the general
use of the public, not necessarily publicly dedicated.
Any change in the structural members of a building, such
as walls, columns, beams or girders, or any addition to any structure.
A combination of materials to form a construction for use,
occupancy or ornamentation, whether installed on, above or below the
surface of land or water.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground.
Anything constructed that is not permanently affixed to the
ground but is designed to be moved from place to place.
Any structure that is erected for a limited period of time
specified in the zoning permit, such time normally not exceeding 30
days.
An establishment where an art is taught, studied or produced,
or where movie, radio, television or music recording is produced.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and where the sale of food
may also occur.
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons under age 16. This shall
include a dancing school, martial arts school or ceramics school.
Classified as a "school."
A use (other than a detention facility or a permitted accessory
use in a hospital) providing housing facilities for persons who need
specialized housing, treatment and/or counseling for stays in most
cases of less than one year and who need such facilities because of:
(See also" health facility.")
A terminating point where goods are transferred from a truck
to a storage area or to other trucks or picked up by other forms of
transportation.
Any building or premises or portion thereof used for washing
trucks with a gross vehicle weight exceeding 5,000 pounds.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a public highway or upon any land,
including, but not limited to, automobiles, trucks, vans, buses, utility
trailers, tractors, truck tractors, recreational vehicles, motor homes,
travel trailers, motorcycles, machinery, trailers, farm machinery
and implements, and other wheeled equipment, boats and aircraft.
The use of any building, land area or other premises for
the display and sale of new and used automobiles of operable condition;
panel trucks or vans; mobile homes or trailers; recreation vehicles;
or farm or construction equipment, including any warranty repair work
and other repair service as an accessory use. No business or facility
which generates less than 50% of its gross sales from the actual sale
of new or used vehicles or equipment of the type herein described
(excluding parts and repairs) shall be considered a vehicle and equipment
sales operation.
An establishment engaged in the service and/or repair of
any motor vehicle as its principal use, including but not limited
to auto body shops, repair garages, truck repair garages and agriculture
equipment repair.
A place where animals or pets are given medical or surgical
treatment and the keeping of animals is limited to short-term care
incidental to the clinic use, and no outdoor kennels or pens are on
the premises.
See "fence."
Terminal facilities operated for a specific commercial establishment
or group of establishments in a particular industrial or economic
field and used for the storage of goods and materials.
Any use which involves the pumping or removal of water from
groundwater sources, with or without bottling, for retail or wholesale
sale. Classified as "light manufacturing."
A system designed to transmit water from a source to users
in compliance with the requirements of the appropriate state agencies
and the Borough.
COMMUNITY OR PUBLIC WATERA public or private utility system designed to supply and transmit drinking water from a common off-lot source to two or more dwelling units or uses.
ON-LOT OR INDIVIDUAL WATERService by a water system that does not meet the definition of a "community or public water" above. In most cases, this would involve an individual well serving an individual lot, but may also include a common well or another duly approved system.
Establishments or places of business primarily engaged in
selling merchandise to retailers; to industrial, commercial, institutional
or professional business users; or to other wholesalers; or acting
as agents or brokers and buying merchandise for or selling merchandise
to such individuals or companies.
A facility where one or more windmills are located and are
used for the generation of electricity which is used on-site for commercial
purposes or which is sold on the open market. A windmill accessory
to a principal structure which is sized and intended to be used to
generate electricity primarily for the principal structure to which
it is accessory shall not be considered a wind farm.
An open unoccupied space which shall extend the full depth
or width of a lot and which shall not be occupied by any building.
Front yards shall be measured from the edge of the road right-of-way
and other yards from property lines.
Any offering for sale to the public of used and accumulated
normal household and other personal items conducted on a temporary,
intermittent basis (not to exceed five sales per year for not more
than three consecutive days each) as an accessory use to a residential
dwelling. The buying and selling of new or used items or surplus material
shall be considered a commercial operation and shall be prohibited,
except as otherwise permitted and regulated by this chapter.
The Official Zoning Map of Dalton Borough.[17]
The administrative officer charged with the duty of enforcing
the provision of this chapter.
