Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this chapter to have the meanings herein
indicated:
1.Â
Words used in the present tense include the future.
2.Â
The singular includes the plural, and the plural the singular.
3.Â
The word "person" includes a corporation, partnership, association
and individual.
4.Â
The word "shall" is always mandatory. The word "may" is permissive.
5.Â
The word "lot" includes the word "parcel", "tract" or "plot".
6.Â
The word "used" or "occupied" as applied to any land or building
shall be construed to include the words "intended, arranged or designed
to be used or occupied".
7.Â
The word "Borough" means the Borough of Stroudsburg, Monroe County,
Pennsylvania; the terms "Council", "Zoning Board", "Planning Commission"
mean respectively, the Borough Council, the Zoning Hearing Board and
the Borough Planning Commission of the Borough. County refers to Monroe
County, Pennsylvania.
8.Â
All definitions stated in the Subdivision and Development Ordinance
of the Borough of Stroudsburg as amended, shall represent the usage
of those words when used in this chapter.
[As amended by Ord. 646, 4/13/1988, § 2; by Ord. 677, 8/9/1989, § 1; by Ord. 702, 4/10/1991, § 1; by Ord. 722, 11/11/1992, § 1, by Ord. 757, 11/5/1997, § 1; by Ord. 848, 1/19/2005; by Ord. 860, 4/19/2006; by Ord. 910, 12/2/2009, § 1;
and by Ord. 991, 6/3/2014]
Definitions of specific terms and words are as follows:
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
[Added by Ord. No. 1075, 4/16/2019]
A subordinate use or building customarily incidental to,
and located on the same lot occupied by the main use or building.
The term "accessory building" may include a private garage, garden
shed or barn, private playhouse, private greenhouse, private swimming
pool, guest house, caretaker's cottage, or servants' quarters, as
hereinafter provided. Where any part of the wall of an accessory building
is part of the wall of a main building, or where the accessory building
is attached to the main building by a roof, including carports however
covered, such accessory building shall be deemed part of the main
building.
The definition of adult uses specifies the following types
of establishments:
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ADULT ARCADE — An establishment where, for any form of
consideration, one or more motion picture projectors, slide projectors
or similar machines are used for viewing, by five or fewer persons,
films or motion pictures, video cassettes, slides or other photographic
reproductions that are characterized by an emphasis upon the depiction
or description of "specified sexual activities" or "specified anatomical
areas."
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ADULT BOOKSTORE — An establishment that has as a substantial
portion of its stock in trade and offers for sale, for any form of
consideration, any one or more of the following: 1) books, magazines,
periodicals or other printed matter, or photographs, films, motion
pictures, video cassettes, slides or other visual representations
that are characterized by an emphasis upon the depiction or description
of "specified sexual activities" or "specified anatomical areas,"
as herein defined below; 2) instruments, devices or paraphernalia
that are designed for use in connection with specified sexual activities.
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ADULT CABARET — A nightclub, bar, restaurant or similar
establishment that for any form of consideration regularly features
live performances that are characterized by the exposure of "specified
anatomical areas" or by "specified sexual activities," as herein defined
below, 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 sexual activities or specified anatomical
areas.
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ADULT MOTION PICTURE THEATER — An establishment where,
for any form of consideration, films, motion pictures, video cassettes,
slides or similar photographic reproductions are shown, and in which
a substantial portion of the total presentation time is devoted to
the showing of material characterized by an emphasis on the depiction
or description "of specified sexual activities" or "specified anatomical
areas" as herein defined below.
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ADULT THEATER— A theater, concert hall, auditorium or
similar establishment which regularly features performances characterized
by the exposure of "specified anatomical areas" or by "specified sexual
activities" for any form of consideration as herein defined below.
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MASSAGE PARLOR — An establishment where, for any form
of consideration, massage, alcohol rub, fomentation, electric or magnetic
treatment or similar treatment or manipulation of the human body is
administered, unless such treatment or manipulation is administered
by a medical practitioner, chiropractor, acupuncturist, physical therapist
or similar professional person licensed by the state. This definition
does not include an athletic club, health club, school, gymnasium,
reducing salon, spa or similar establishment where massage or similar
manipulation of the human body is offered as an incidental or accessory
service.
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SEXUAL ENCOUNTER ESTABLISHMENT — An establishment, other
than a hotel, motel or similar establishment offering public accommodations,
which for any form of consideration provides a place where two or
more persons may congregate, associate or consort for the purpose
of engaging in "specified sexual activities" or the exposure of "specified
anatomical areas" as herein defined below. This definition does not
include an establishment where a medical practitioner, psychologist,
psychiatrist or similar professional person licensed by the state
engages in sexual therapy.
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SPECIFIED ANATOMICAL AREAS — Includes any of the following:
1) less than completely and opaquely covered human genitals, pubic
region, buttocks, anus or female breasts below a point immediately
above the top of the areolae; or 2) human male genitals in a discernibly
turgid state, even if completely and opaquely covered.
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SPECIFIED SEXUAL ACTIVITIES — Includes any of the following:
1) the fondling or other erotic touching of human genital, pubic region,
buttocks, anus or female breasts; 2) sex acts, oral, anal or genital,
actual or simulated, including intercourse or copulation, or sodomy;
3) masturbation, actual or simulated; or 4) excretory functions as
part of or in connection with any of the activities set forth in subdivisions
one through three of this subsection.
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A public or private right-of-way having a right-of-way width
of 20 feet or less, which affords a secondary means of access to the
rear or side of abutting property and is not intended for general
traffic circulation. Regardless of whether an alley is given a street
name, no main building shall have its frontage on an alley. An alley
may also be known as a court, place, or lane.
As applied to a building or structure, a change or rearrangement
in the structural parts of a structure including the walls, columns,
beams, girders, floors, roof or ceiling; or an enlargement whether
by extending on a side or by increasing in height; or the moving from
one location or position to another; but not including normal maintenance
or minor repairs or improvements.
An exterior device or apparatus designed for cellular, digital,
telephone, radio, pager, commercial mobile radio, wireless internet,
television, microwave or any other wireless communications through
sending and/or receiving of electromagnetic waves, including without
limitation, omnidirectional or whip antennas and directional or panel
antennas. Unless otherwise stated, this term shall not include "standard
antenna."
The vertical distance from the base of the antenna support
structure at grade to the highest point of the structure; including
any antennas attached thereto or forming apart thereof. If the support
structure is on a sloped grade, then the average between the highest
and lowest grades shall be used in calculating the antenna height.
A device, partially or wholly exterior to a building, that
is used for receiving television or radio signals for use on-site,
or for transmitting shortwave or citizens band radio signals. See
"commercial communications antenna."
A shelter extending from, and entirely supported by, the
exterior wall of a building and composed of nonrigid materials except
for the supporting framework. Awnings shall be constructed and erected
so that the lowest portion of the projecting frame shall not be less
than seven feet, and the lowest portion of the descending valance
shall not be less than six feet, above the level of the public right-of-way.
An awning shall not extend past four feet from a building. Awning
colors are limited to a single field color with a single contrasting
color for lettering or logos.
[Added by Ord. No. 1115, 12/7/2021]
A floor level partly or completely below grade. A basement
shall be considered a story if more than 1/3 of the perimeter walls
are five feet or more above the finished grade level of the ground
immediately adjacent to the walls.
An owner-occupied dwelling in which short-term lodging rooms
and breakfast meals are provided for compensation.
A dwelling in which at least two rooms are offered for rent,
payable in money or other consideration, whether or not meals are
furnished to lodgers, and in which no transients are accommodated
and no public restaurant is maintained. A school or college dormitory,
fraternity or sorority house, membership club with residents, and
other similar uses are not deemed as a boarding or rooming house.
Any sign used to identify the product made or the activity
being pursued by any individual, business, service, commercial or
industrial enterprise, for the purpose of informing the public of
the location of such enterprise and/or the type of activity in which
it is engaged.
Strips of land planted with trees, shrubs and lawns, and/or
fenced or walled, which serve to separate incompatible uses or zoning
districts.
A structure constructed or erected on the ground, with a
roof supported by columns or walls. Structures divided by unpierced
masonry division walls extending from the ground to the roof shall
be deemed to be separate buildings.
The maximum ratio obtained by dividing the ground floor area
of all principal and accessory buildings on a lot (including covered
porches, carports and breezeways, but excluding open patios, parking
areas, swimming pools, tennis courts, and other structures which are
open to the sky) by the total area of the lot upon which the buildings
are located.
The line describing the minimum setback in which no building
or other structure or portion thereof, except as provided in this
Zoning Ordinance, may be erected above grade level. The building line
is considered a vertical surface intersecting the ground on such line.
A building in which is conducted the main use of the lot
on which it is situated. In any residential zone, a dwelling shall
be deemed a main building on the lot on which the same is located,
unless otherwise provided for elsewhere in this Zoning Ordinance.
The size and shape of building uses, and the exterior relationship
of their exterior walls, or their location, to lot lines and other
buildings or other walls of the same building; and all open spaces
required in connection with a building. Bulk regulations include regulations
dealing with lot area, lot area per dwelling unit, lot frontage, lot
width, height, required yards, courts, usable open space, floor area
ratio, spacing between buildings on a single lot, and the length of
buildings in a row.
A structure other than an awning, and without enclosed walls,
made of fabric, wood, metal, or other material supported by columns
or posts affixed to the ground and which may also be connected to
a building.
[Added by Ord. No. 1115, 12/7/2021]
The individual designated by a patient to deliver medical
marijuana.
[Added by Ord. No. 1075, 4/16/2019]
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth.
[Added by Ord. No. 1075, 4/16/2019]
A building used for public worship.
An entity that:
[Added by Ord. No. 1075, 4/16/2019]
Holds a permit both as a grower/processor and a dispensary;
and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
A structure, partially or wholly exterior to a building,
used for transmitting or re-transmitting electronic signals through
the air, and that does not meet the definition of a "standard antenna."
Commercial communications antennae shall include, but are not limited
to, antennae used for transmitting commercial radio or television
signals, or to receive such signals for a cable system, or to re-transmit
wireless telecommunications. A commercial communications tower shall
be a structure over 30 feet in height that is primarily intended to
support one or more antenna. This term shall not include a "standard
antenna."
Any motor vehicle which is required by law to bear any license
plate other than that issued for passenger car use. Also, any motor
vehicle including passenger cars which by reason of a characteristic
coloring, or marking exceeding one square foot in area is identified
or commonly associated with any business, industry, or public agency,
shall be considered a commercial vehicle within the terms of this
chapter. Other passenger cars used in business by a resident shall
not be considered a commercial vehicle.
A use that is specifically allowed as a conditional use in a particular zoning district under the zoning district provisions of this chapter, and which is required to be submitted to the Borough Council for approval or disapproval under § 27-1206 of this chapter.
A building in which five or more persons are housed or lodged
and furnished with nursing care for hire, also known as a nursing
home.
A commercial use, principally engaged in the sale of retail
goods for individual and household consumption (including alcohol
if properly licensed), in a building of no more than 6,000 square
feet of gross floor area. Such a use shall be classified as a convenience
store if, at minimum, it offers for sale the following items: groceries,
household dry goods and prepared or take-out foods (hot and/or cold)
intended for consumption off the premises. This use may be accompanied
by a gas or filling station as a special exception.
[Added by Ord. No. 1055, 7/17/2018]
The mean curb level as established by Council or, in the
absence of an established curb level, the mean level of the existing
curb or of the lot at the street line.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the commonwealth
to dispense medical marijuana.
[Added by Ord. No. 1075, 4/16/2019]
A portion of the territory of the municipality within which
certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
A site used primarily for the disposal, by abandonment, dumping,
burial, burning or other means and for whatever purpose of garbage,
trash, junk, vehicles or parts thereof, or waste material of any kind.
Any building, vehicle or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons
and as defined further below. The term dwelling shall not be deemed
to include automobile court, rooming house, tourist home, hotel, motel,
hospital, nursing home, dormitory, fraternity, or sorority house.
DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family, except for a mobile home as defined below.
DWELLING, TWO FAMILYA detached or semi-detached building where not more than two individual family or dwelling units are entirely separated by vertical walls and/or horizontal floors.
DWELLING, MOBILE HOMEA transportable dwelling structure, intended for permanent occupancy for use by one family, contained in one or more sections designed to be joined into one integral unit and constructed so that it may be used without a permanent foundation and 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; except for a travel trailer as defined herein and excluding such mobile home dwellings or prefabricated homes or sections thereof which when assembled or combined into a single unit are more than 19 feet in width.
DWELLING, MULTI-FAMILYA building designed for occupancy of families living independently of each other, and containing three or more dwelling units per building. Low rise multi-family dwelling structures shall include townhouses, garden apartments and other housing types not exceeding three stories in height. High rise multi-family structures shall include elevator structures exceeding three stories in height.
DWELLING, DORMITORYA building used as a residence and accessory to an appropriate public use.
DWELLING, FRATERNITY AND/OR SORORITYA building used for lodging by a group of persons joined together by common interests for fellowship and said group being recognized by the Interfraternity Council of East Stroudsburg State College. The same definition shall apply to sorority buildings.
One or more rooms, including a kitchen (or kitchenette) and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
The total number of square feet of floor area contained within
the dwelling unit excluding closets and stairways.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electrical, communication, water transmission or
distribution systems, including poles, wires, mains, drains, sewers,
pipes, conduits, cables, fire alarm boxes, police call boxes, traffic
signals, hydrants and other similar equipment and accessories in connection
therewith; reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
or for the public health or safety or general welfare, but not including
buildings, except telephone booths, fire houses, pump stations, treatment
plants, and similar facilities which shall also be considered as essential
service facilities hereunder.
Any individual, or two or more persons related by blood,
marriage, legal adoption, foster placement or a group of not more
than four persons who need not be related by blood, marriage, living
in a dwelling unit as a single-family housekeeping unit. "Family"
shall not be deemed to include the occupants of a boarding house,
rooming or lodging house, club, fraternity/sorority or hotel.
[Amended by Ord. No. 1093, 6/2/2020]
A facility which provides resident service in a private residence
to four or fewer individuals who are not related to the resident household.
These individuals are handicapped, aged, disabled or in need of adult
supervision and are provided service and supervision in accordance
with their individual needs. This category includes foster or boarding
houses for children, group homes, and family homes.
A barrier of vegetative growth or of other natural or fabricated
materials placed or arranged as a line of demarcation between lots
or to enclose a lot or a part of a lot.
A temporary inundation of normally dry land areas.
A relatively flat or low land area adjoining a river, stream,
or watercourse which is subject to partial or complete inundation.
An area subject to the unusual and rapid accumulation or runoff
of surface waters from any source. For the purpose of this chapter,
the one-hundred-year floodplain as defined in the Flood Insurance
Study for the Borough of Stroudsburg prepared by the U.S. Department
of Housing and Urban Development.
FLOODWAYThe designated area of a floodplain required to carry and discharge floodwaters of a given magnitude. For the purpose of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude without raising the one-hundred-year flood elevation more than one foot. For the purpose of this chapter, the floodway and approximated floodplain, as defined in the Flood Boundary and Floodway Map and Floodway Data Table prepared by the U.S. Department of Housing and Urban Development.
FLOOD FRINGEThat portion of the floodplain outside the floodway.
ONE-HUNDRED-YEAR FLOODA flood that has a one-percent chance of being equaled or exceeded in any given year.
REGULATORY FLOODThe flood which has been selected to serve as the basis upon which the floodplain management provisions of this and other ordinances have been prepared; for purposes of this chapter, the one-hundred-year flood.
REGULATORY FLOOD ELEVATIONFor purposes of this chapter, the one-hundred-year flood elevation.
FLOODPROOFINGAny combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.
The sum of the gross areas of the floors of every story of
a building measured from the exterior faces of exterior walls or from
the center lines of common or party walls separating two buildings.
Regardless of the internal arrangement of a building it shall be deemed
to have at least one story for each 20 feet of height or fraction
thereof.
The total floor area of a building divided by the area of
the lot on which it is located.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
[Added by Ord. No. 1075, 4/16/2019]
A building or part thereof used for the storage of one or
more vehicles.
A building or lot or part thereof selling gasoline or other
equivalent motor vehicle fuel or electric fueling or charging stations
at retail, dispensed directly into vehicles from pumps or plug-in
devices, where no automotive repairs, sales, rental or automatic car
washes are conducted. A gasoline or filling station may be permitted
with a convenience store as a special exception.
[Added by Ord. No. 1055, 7/17/2018]
A facility which provides resident services to seven or more
individuals of whom one or more are unrelated. These individuals are
handicapped, aged, or disabled, are undergoing rehabilitation, and
are provided services to meet their needs. This category includes
uses, licensed or supervised by any federal, state or county health/welfare
agency, such as group homes (all ages), halfway houses, resident schools,
resident facilities, and foster or boarding homes.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
[Added by Ord. No. 1075, 4/16/2019]
A secondary use of a residential property as permitted in § 27-612.
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A hospital shall be
deemed to include a sanitarium, clinic, convalescent home, nursing
home, rest home, or other building with an equivalent appellation.
A building or part thereof which has a common entrance and
common dining room, and which contains seven or more living and sleeping
rooms designed to be occupied by individuals or groups of individuals
for compensation.
A document issued by the DOH that permits access to medical
marijuana.
[Added by Ord. No. 1075, 4/16/2019]
An establishment operated by a profitmaking corporation,
partnership or other business entity for the pursuit of sports, amusement
and recreational activities, available to the general public for a
fee, where the principal use is conducted entirely within a completely
enclosed building, including, but not limited to, such principal uses
as health or racquet and/or swim clubs, roller or ice rinks, karate
schools, gymnasiums, arenas, sports courts or playing fields, bowling
alleys, amusement arcades, virtual reality and simulation gaming parlors,
escape rooms, billiard parlors, and dance halls, but not including
any uses listed separately in the Table of Nonresidential Zoning District
Use Requirements.
[Added by Ord. 1019, 9/6/2016]
Junk shall include scrap iron, scrap tin, scrap brass, scrap
copper, scrap lead or scrap zinc and all other scrap metals and their
alloys, and bones, rags, used cloth, used rubber, used machinery,
used tools, used appliances, used fixtures, used utensils, used lumber,
used boxes or crates, used pipe or pipe fittings, used tires, and
other manufactured goods, any of which are so worn, deteriorated or
obsolete as to make them unusable in their existing condition, but
are subject to being dismantled or processed for reclamation, salvage
or recycling.
A junk yard shall consist of buildings, structures or premises
where junk, waste, discarded or salvage materials are bought, sold,
exchanged, stored, baled, packed, disassembled or handled, including
automobile wrecking yards, house wrecking and structural steel materials
and equipment yards, but not including the purchase or storage of
used furniture and household equipment or used cars in operable condition.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter.
LOT, CORNERA lot situated at and abutting the intersection of two streets.
LOT, DEPTHThe average distance between the front and the rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way. The shortest line of a corner lot shall be the front lot line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
LOT AREAThe computed area contained within the lot lines.
Any lot which does not conform with either one or more of
the following: the minimum width, depth, and area dimensions specified
for the district where such a lot is situated.
The principal or most important use or building on a lot.
The treatment or processing of raw materials, the production
of products from raw or prepared materials by giving them new forms
or qualities.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.[1]
[Added by Ord. No. 1075, 4/16/2019]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more marijuana grower/processors
and/or dispensaries.
[Added by Ord. No. 1075, 4/16/2019]
A dispensary or a grower/processor of marijuana for medical
purposes.
[Added by Ord. No. 1075, 4/16/2019]
A building used exclusively by physicians and dentists for
treatment and examination of patients, provided that no overnight
patients shall be kept on the premises.
A building, structure, lot or land area used as a private
club or social organization not conducted for individual profit or
gain.
A building, or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units, designed
primarily for transient travelers, and provided with accessory off-street
parking facilities. The term "motel" includes buildings designed as
tourist courts, motor lodges, auto courts, and other similar uses.
A retail establishment which offers motor vehicles for sale
to the general public. This business may also perform any repair service
to motor vehicles normally performed in a repair garage.
See Part 9.
Any premises containing sleeping rooms used by persons who
are lodged and furnished with meals and nursing care.
An unoccupied area open to the sky, usually in a natural
state but including squares, plazas and formal gardens. Also the unoccupied
area open to the sky on the same lot with a principal and/or accessory
building.
Public parking facilities shall consist of paved outdoor
areas used for the storage of vehicles or of specially designed buildings
or garages used for the same purposes. Private parking facilities
shall be restricted to use by persons residing on the premises or
residing in the immediate vicinity of such facility or by their guests.
Public parking facilities shall be open to the public as an accommodation
for customers, clients or visitors.
A surfaced area or courtyard designed for outdoor living
purposes as an accessory use to a structure, which shall be completely
unenclosed except for any side which may adjoin a structure or for
any fences, walls, shrubs or hedges. Outdoor areas enclosed by a roof
or awning shall be considered to be a structure.
Any person, partnership or corporation, either as a principal,
or agent or employee thereof, who loans money on deposit or pledge
of personal property, or other valuable thing, or who deals in the
purchasing of personal property or other valuable thing on condition
of selling the same back again at a stipulated price, or who loans
money secured by chattel mortgage on personal property, taking possession
of the property or any part thereof so mortgaged.
A facility for loaning money on the security of personal
property and the sale of unclaimed property.
A document issued by the proper authority of the municipality
authorizing an applicant to undertake certain activities as further
defined below:
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter or with an order of the Zoning Hearing Board and authorizing an applicant to proceed with said use, building or structure.
BUILDING PERMITA permit indicating that a proposed construction, alteration, or reconstruction of a structure is in accordance with the construction provisions of any Building Code which may be adopted by the Borough and authorizing an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as required under the terms of this chapter.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure, or change in use of structure or parcel of land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
Any use which does not require special action by the Planning
Commission or the Zoning Hearing Board before a zoning permit is granted
by the Zoning Officer.
The Planning Commission of the Borough of Stroudsburg.
A structure or building, whether above or below grade level,
designed or intended for seasonal rather than year-round use, and
not attached to a principal building.
The office of a recognized profession maintained for the
conduct of said profession. Such professions shall be limited to those
of medicine, law, architecture, engineering, art, music, insurance,
real estate, and accounting.
A line forming the front, rear or sides of lots or parcels
of property as described in the recorded title.
Notice of the time and place of a hearing, meeting, or proceeding
printed in a newspaper of general circulation in a manner provided
by law.
The registry established by the DOH for all medical marijuana
organizations and practitioners.
[Added by Ord. No. 1075, 4/16/2019]
Any establishment, however designated, at which food is prepared
and sold for consumption on the premises within the principal building.
However, a concession stand at a public or a community playground,
playfield, park or swimming pool, operated by the same agency operating
the recreational facilities, and solely for the convenience of patrons
of the facility, shall not be deemed to be a restaurant.
An establishment where food is prepared and sold primarily
for consumption outside the confines of the principal building or
in automobiles parked upon the premises, regardless of whether or
not, in addition thereto, indoor or outdoor seats or other accommodations
are provided for the patrons.
A strip at least four feet wide, densely planted with shrubs
or trees at least six feet high at the time of planting of a type
that will form a year-round dense screen at least six feet high, a
solid wall or barrier, or uniformly painted solid fence, at least
six feet high. All shall be maintained in good condition at all times,
and may have normal entrances and exits, but shall have no signs affixed
to or hung in relation to the outside thereof except the following:
for each entrance, one directional arrow and the name of the establishment
with "For Patrons Only" or like limitation, not over two square feet
in area, which shall be nonilluminated.
Any dwelling unit utilized as a single-family residence rented
for the purpose of overnight lodging for period of 30 days or less
and which meets the definition of "hotel" for purposes of imposing
an excise tax by the County of Monroe as defined in County of Monroe
Ordinance 2004-03, as amended.
[Added by Ord. No. 1093, 6/2/2020]
See Part 8.
A group of individuals in a single household functioning
as a family within that household where the composition of the group
is sufficiently stable and permanent so as not to be fairly characterized
as purely transient.
[Added by Ord. No. 1093, 6/2/2020]
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any adjoining lot. Ownership of two or more contiguous lots by
one or more persons, partnerships, or corporations shall be construed
to comprise one lot.
A "special exception" is a provision of the chapter which
may be granted or denied by the Board pursuant to express standards
and criteria established in this chapter. Requests for such "special
exceptions" shall be decided by the Board after a hearing to determine
compliance with said standards and criteria and after review by the
Planning Commission.
The term "special use" shall have the same meaning and be
identical with "special exception".
An establishment, nightclub, bar, restaurant or similar establishment
that, for any form of consideration, regularly features gaming or
betting on sporting or similar activities.
That portion of a building, included between the surface
of any floor, but excluding the basement or cellar, and the ceiling
now above it and having a vertical distance of not less than seven
feet. Any such portion of a building having a distance of less than
seven feet shall be considered to be a half-story.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, way, drive,
boulevard, highway, road and any other thoroughfare except an alley.
That which is built or constructed, including without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
fences, signs, billboards, fire escapes, chute escapes, railings,
water tanks, towers, open-grade steps, sidewalks, or stairways, tents,
or anything erected and framed of component parts which is fastened,
anchored, or rests on a permanent foundation or on the ground.
Anything constructed or erected above or below the ground
or upon another structure.
An assemblage of equipment for purposes other than generation
or utilization, through which electric or gas energy in bulk is passed
for the purposes of switching or modifying its characteristics to
meet the needs of the general public, provided that an electric or
gas substation permitted in a residence district shall not include
rotating equipment, storage of materials, trucks or repair facilities
or housing or repair crews.
Any receptacle or artificially constructed container for
water, whether erected above or below ground level, having a wall
depth of two feet or more at any point within its perimeter, intended
or adapted for the purposes of immersion or partial immersion of human
beings therein, used in connection with dwelling units, available
only to the family of the dwelling unit holder and his private guests,
not open to the public, and not otherwise regulated by any statutes
or by rules and regulations other than those of the Borough of Stroudsburg.
Any swimming pool other than a private swimming pool, including
publicly and privately owned pools open to the general public and
pools owned and operated in conjunction with membership organizations,
motels, hotels, and other similar uses.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on paid admission basis, to patrons seated in automobile
or on outdoor seats.
A building containing one or more dwelling units or rooms
for the rooming and/or boarding of from three to 20 persons for compensation.
Occupants would normally stay for less than three months of the year.
Any vehicle or structure used as a dwelling or for commercial
use, which utilizes wheels and axles for its transportation or is
designed to be transported as a unit on separate wheels and axles.
A portion of a lot or tract used for residential purposes,
exclusive of required front and side yard areas, which is not covered
by buildings or parking areas and is suitable for use as outdoor open
space for the residents thereon.
A modification of the regulations of this chapter, granted on grounds of exceptional difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Part 13 of this Zoning Ordinance, and the laws of the State of Pennsylvania.
Any open space located on the same lot with a principal building
situated between the nearest roofed portion of the principal buildings
and a lot line.
YARD, FRONTA yard extending across the full width of the lot abutting the front lot line.
YARD, REARA yard extending across the full width of the lot, abutting the rear lot line.
YARD, SIDEA yard extending from the front yard to the rear yard, abutting a side lot line.
YARD, WIDTHThe minimum perpendicular distance between the lot line and the nearest roofed portion of the principal building.
A residential lot a where a single-family dwelling joins
another single-family dwelling via a common unpierced wall shared
by the adjacent units where the shared wall also corresponds to a
side lot line and the land under each dwelling unit is owned in common
with the dwelling unit. A zero-lot-line subdivision may accommodate
both newly constructed or existing attached two-family dwellings.
[Added by Ord. No. 1131, 7/19/2022]
The Zoning Hearing Board of the Borough of Stroudsburg.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
