Township of Tobyhanna, PA Definitions

Clearly incidental to and customarily found in connection with a principal building or use;

Subordinate to and serves a principal building or a principal use;

Subordinate in extent or purpose to the principal building or principal use served;

Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or principal use served; and

BITUMINOUS CONCRETE BATCH PLANT

Located on the same lot as the principal building or use served.

ALTERATION, STRUCTURAL

A change or rearrangement in the supporting members of a building or structure such as bearing walls, columns, beams or girders, and changing rooflines. The application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

ANIMAL PEN/SHELTER

A structure intended to house animals, maintained solely for the enjoyment of a family residing on the same lot on which the pen/shelter is located.

ANTENNA

An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Federal Communications Commission authorization, for the provision of wireless service and any commingled information services.

[Added 7-17-2018 by Ord. No. 546; amended 12-17-2019 by Ord. No. 559]

APARTMENT BUILDING

Two or more dwelling units under one roof, each containing sleeping, living, kitchen and bath areas or facilities, with each dwelling unit being either occupied by the owner, rented to tenants on a nontransient basis (unlike a hotel, efficiency hotel or motel), or owned either in a cooperative (co-op) or condominium ownership arrangement.

[Amended 10-12-2004 by Ord. No. 453]

BASEMENT

A story partly underground but having at least 1/2 of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of the building height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than six feet or if used for business or dwelling purposes. See "cellar."

BASE STATION

A station at a specified site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial cables, power supplies and other associated electronics.

[Added 7-17-2018 by Ord. No. 546]

BED-AND-BREAKFAST INN

A house or portion thereof where short-term lodging rooms and breakfasts are provided to overnight guests. The owner or operator of the inn shall live on the premises. See "boarding- or rooming house."

An operation which combines asphalt or bituminous materials and aggregates and heat to manufacture a bituminous seal coat or bituminous concrete product.

BLOCK

The length on one side of a street between two street intersections.

BOARDING- OR ROOMING HOUSE

A dwelling having the capacity and intended for two or more persons to be sheltered and/or fed for profit in the home of the resident owner. See "bed-and-breakfast inn."

BOARD OF SUPERVISORS

The elected officials of Tobyhanna Township.

BUFFER STRIP

A strip of land at least 15 feet in width which may be part of the minimum setback distance with the exception that the buffer must be left in its natural state and may not be paved or used for parking. The buffer must be free of any principal or accessory building or required improvement other than screening. If no natural buffer exists, one may be installed, such as evergreens. See "screening" and "setback."

BUILDING

Any structure having a roof supported by columns, piers or walls, including commercial tents, lunch wagons, trailers, dining cars, camp cars or other structures on wheels, or having other supports. (See § 155-10B.)

BUILDING HEIGHT

The vertical dimension measured from the average elevation of the finished grade at the perimeter of the building to the highest point of the roof. At least 51% of the building area must meet the building height requirements of this chapter.

BUILDING LINE

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. All yard requirements are measured to the building line.

BUILDING WALLS AND PORCHES

The walls of a building include the front wall nearest to and facing on the front street line on the lot on which said building has been or is to be erected, and the side and rear walls nearest to and facing on the side and rear lot lines, respectively.

BULK FUEL STORAGE FACILITY

A facility where fuel is stored in bulk for sale and/or distribution and/or redistribution to customers off site. A fuel storage facility storing more than 1,000 gallons of fuel for sale and/or distribution and/or redistribution to off-site customers shall be considered a bulk fuel storage facility. A bulk fuel storage facility shall also include a bulk fuel terminal. A motor vehicle service station, convenience store and/or gas station shall not be considered a bulk fuel storage facility.

[Added 9-8-2008 by Ord. No. 469]

BUSINESS

An enterprise, exchange of money, contract, occupation, trade or profession engaged in, either continuously or temporarily, for profit. The term "business" shall include the occupancy or use of a building or premises or any portion thereof for the transaction of a business or the rendering or receiving of professional or personal service.

CAMP, TRANSIENT

A business offering sanitary facilities and space for the pitching of tents or the transient parking of camping trailers. Such business shall not rent or sell tents or trailers or permit the parking or storage of occupied or unoccupied mobile homes, nor shall it include any eating facilities other than in an enclosed snack bar or lunch counter.

CANOPY

A structure other than an awning made of fabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to a building.

[Amended 7-17-2018 by Ord. No. 548]

CARTWAY

The graded portion of a street or alley including the traveled way and shoulders.

CELLAR

A portion of a building partly or completely underground and having more than 1/2 of its interior height measured from floor to finished ceiling below the average finished grade of the ground adjoining the building. See "basement."

CEMETERY

A place for the disposal or burial of deceased pets or human beings, by cremation or in a grave, mausoleum, vault, columbarium or other receptacle, but the term does not include a private family cemetery.

CHURCHES AND SIMILAR PLACES OF WORSHIP

The use of land and structures for religious worship, education and related activities, including chapels, cathedrals, temples, synagogues and the like. Incidental and accessory uses to churches and similar places of worship may include a gymnasium, playground, parsonage for active clergy, monastery for active monastics and/or an athletic field.

[Added 11-10-2008 by Ord. No. 473]

CLUSTER COMMERCIAL DEVELOPMENT

A form of tourist development project located in the Tourist Development Project District where the buildings, structures, improvements and facilities are located closely together to increase open space and common recreation and entertainment space within a tourist development project.

[Added 2-20-2018 by Ord. No. 542; amended 4-23-2019 by Ord. No. 549; 10-15-2019 by Ord. No. 557]

CLUSTER DEVELOPMENT

A form of planned residential development where the principal buildings are single-family dwellings, grouped relatively closely together in order to increase the amount of open space held in common, and the lots, if any, are smaller in size than prescribed for the district in which they are located but conform to the overall density requirements for the zoning district in which they are located.

CO-LOCATION

The mounting of one or more WCFs, including antennae, on a preexisting structure, or modifying a structure for the purpose of mounting or installing a WCF on that structure.

[Added 7-17-2018 by Ord. No. 546; amended 12-17-2019 by Ord. No. 559]

COMMERCIAL CAMP

A business such as a summer camp or sports camp offering tent, cabin or similar seasonal nonpermanent accommodations, eating facilities, sanitary facilities and recreational and/or educational facilities, open to the public at large or any segment of the public on other than a transient basis.

COMMERCIAL RESORTS

A business combining lodging, eating and recreational facilities as a single enterprise and offered to the public.

COMMERCIAL STABLE

A business involving the receipt of compensation for the hire, sale, boarding, riding or showing of horses, mules and ponies.

COMMERCIAL SURFACE MINING

A business for the removal of minerals, earth, sand, gravel, topsoil, peat and stone from a property for utilization on any other property for profit.

COMMISSION

The Tobyhanna Township Planning Commission.

COMMON OPEN SPACE

A parcel or parcels of land or an area of water or a combination thereof within a development designed and intended for the use and enjoyment of residents of such development, not including streets, parking areas, private yard space of lots, and areas set aside for public utilities. Common open space shall be substantially free of structures but may contain such improvements as approved on the final plan, primarily for the recreational use by residents. See "open space."[1]

CONCRETE BATCH PLANT

An operation which combines materials to produce concrete products.

CONSTRUCTION

The erection, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.

CONSUMER FIREWORKS

Any combustible or explosive composition or any substance or combination of substances intended to produce visible and/or audible effects by combustion and which is suitable for use by the public that complies with the construction, performance, composition and labeling requirements promulgated by the Consumer Products Safety Commission in 16 CFR[2] (relating to commercial practices) or any successor regulation and which complies with the provisions for "consumer fireworks" as defined in the American Pyrotechnics Association ("APA") Standard 87-1, including but not limited to Sections *3.1 and *3.5, or any successor standard. The term does not include devices such as "ground and handheld sparkling devices" as defined in APA Standard 87-1, Section *3.1.1, "novelties" as defined in APA Standard 87-1, Section *3.2. or "toy caps" as defined in APA Standard 87-1, Section *3.3.

[Added 7-17-2018 by Ord. No. 547]

CONVENIENCE MART

Any retail establishment offering for sale prepackaged food products, household items, self-service gasoline or other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.

COUNTRY RESORT

A boutique resort with no more than 100 guest rooms which includes guest cottages, an inn and/or hotel. The resort may also include single-family and duplex residential units for management and employees as needed. Accessory uses may include conference centers, restaurants, bars, retail and gift shops, spa, indoor and outdoor recreation facilities, and event venues. Activities authorized on the resort may include, but are not limited to, hiking, biking, tennis, pickle ball, camping, hunting, fishing, equestrian activities, paddling, ice skating, cross-country skiing, religious ceremonies, farming, and those related to agritourism. Additional structures such as, but not limited to, gatehouses, barns, stables, helipads, photovoltaic arrays, and maintenance buildings are authorized to support permitted uses.

[Added 5-2-2022 by Ord. No. 568]

COUNTY

The County of Monroe, Commonwealth of Pennsylvania.

CRAWL SPACE

An enclosed portion of a building or an open pier area not exceeding six feet in height from floor to ceiling, located below the first occupied floor of a building and not used for business or dwelling purposes. A crawl space shall not be counted as a story for the purpose of building height measurement.

CRUSHER PLANT

An operation which, through machinery, accepts commercially mined products and crushes them to various sizes for the purpose of resale or use by the operator.

DAY-CARE CENTER

A facility which cares for seven or more children or elderly persons for periods of less than 24 hours per day at any hours of any day of the year. See "family day-care home."

DECK

A platform in excess of four feet by five feet or 20 square feet in area at a front, side or rear door and attached to the structure. It should not be construed to include an unattached accessory structure, such as a swimming pool deck.

DENSITY, AVERAGE

When referring to planned residential development, the total number of dwelling units, proposed or existing, divided by the total area (expressed in acres) of the development.

DENSITY, GROSS

When referring to residential districts, the maximum number of dwelling units per acre of land.

DEVELOPER

Any landowner or agent thereof, or tenant or equitable owner under an agreement of sale having the permission of the landowner, who makes or causes to be made a subdivision of land or a land development.

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.

DEVELOPMENT SALES OFFICE

Any structure erected within the confines of a subdivision for use by the owner or developer of the subdivision as an office on a short-term basis for the promotion of sales of real estate exclusively within the confines of the subdivision, with ultimate use of the structure to conform to, and receive Township approval as, a permitted use, special exception or conditional use in the district in which the structure is located.

DISPLAY FIREWORKS

Defined as more fully set forth in 27 CFR 555.11 (meaning of terms), which is incorporated herein by reference which meets the types of display fireworks devices set forth in the APA Standard 87-1, Section *4.1 which comply with requirements for display fireworks set forth in AP Standard 87-1.

[Added 7-17-2018 by Ord. No. 547]

DISTRIBUTED ANTENNA SYSTEMS (DAS)

Network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.

[Added 7-17-2018 by Ord. No. 546]

DISTRIBUTION CENTER

An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle. Breakdown of large orders from a single source into smaller orders and consolidation of several orders into one large one for distribution to several recipients and vice versa are often part of the function of a distribution center. The functions of distribution centers and warehouses often overlap, but retail sales, manufacturing and assembly, or product processing, are not considered part of the distribution process.

[Added 6-15-1998 by Ord. No. 397]

DWELLING UNIT

A building or portion thereof providing complete housekeeping facilities for one family or a group of unrelated persons using such facilities in common. See "family" and "granny unit."

DWELLING UNIT, MULTIFAMILY

A residential building containing more than one dwelling unit.

DWELLING UNIT, SINGLE-FAMILY

A residential building containing not more than one dwelling unit.

EFFICIENCY HOTEL

A facility operating transient lodging accommodations on a daily rate for more than six rooms to the general public. Efficiency hotels have cooking facilities in the individual rooms or suites. See "hotel" and "motel."

EMERGENCY

A condition that 1) constitutes a clear and immediate danger to the health, welfare, or safety of the public, or 2) has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.

[Added 7-17-2018 by Ord. No. 546]

ENCROACHMENT

Construction of any building within the boundaries of any street, setback, watercourse or public or reserved ground shown or laid out on any official map, Township approved plot plan or set forth in this chapter.

EQUIPMENT COMPOUND

An area surrounding or adjacent to a wireless support structure within which base stations, power supplies, or accessory equipment are located.

[Added 12-17-2019 by Ord. No. 559]

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems and their essential buildings, excluding communications towers and communications antennas, as defined herein.

[Added 3-9-1998 by Ord. No. 394]

FAMILY

One or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, or a number of persons living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage.

[Amended 6-21-1999 by Ord. No. 411]

FAMILY DAY-CARE HOME

A private residence where six or fewer children or elderly persons receive care or supervision for periods of less than 18 hours per day at any hours between 6:00 a.m. and 12:00 midnight. See "day-care center."

FARM

A parcel of land in one ownership that is used primarily for the commercial, soil-dependent cultivation of agricultural crop production and/or for the raising of livestock. The term "one ownership" shall include an individual, corporation, business trust, estate, trust, partnership, association or two or more persons having a joint or common interest in the land. A riding stable or tree farm may be included in a farm.

FCC

Federal Communications Commission.

[Added 7-17-2018 by Ord. No. 546]

FENCE OR WALL

Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land or to be used as a means of protection or confinement; also, a structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property.

FIREWORKS

Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration or detonation that meets the definition of 1.4G fireworks as set forth in the 2003 International Fire Code including, but not limited to, those compositions or devices defined in APA Standard 87-1.

[Added 7-17-2018 by Ord. No. 547]

FISHING CLUBS OR CAMPS

A stream or body of water and adjacent area on any bank thereof, owned or leased by a person or group of persons duly formed as a club, used principally for fishing, open only to members and guests and involving no buildings other than those for lodging, eating and sanitary facilities for members and guests.

FLEA MARKET

A building or open area in which stalls or sales areas are set aside, and rented or otherwise provided, and which are intended for use by various unrelated individuals to sell articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique, and may include the selling of new or used goods at retail by businesses or individuals who are generally engaged in retail trade. Rummage sales and garage sale are not considered to be flea markets.

[Added 3-10-2008 by Ord. No. 462]

FLOOD

The temporary condition of inundation of normally dry land areas by the naturally or artificially induced flow or overflow of waters within the Township.

FLOOD AREA

A one-hundred-year floodplain or flood-prone area, including all waters within the Township, except storm sewers, underground water, farm ponds and other privately owned ponds of less than five acres in area.

FLOODPLAIN OR FLOOD HAZARD AREA

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the usual and rapid accumulation of surface waters from any source.

FLOODPROOFING

Any 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.

FLOODWAY

The designation area of floodplain required to carry and discharge floodwaters of a given magnitude. For the purposes of this chapter, the floodway shall be capable of accommodating a flood of the one-hundred-year magnitude.

FRONTAGE

The length of the property line of any one parcel serving as a public right-of-way line. In the case of corner lots, the shorter of the two street lines shall be considered as the frontage.

GAMBLING ESTABLISHMENTS

Gaming Establishments include all facilities in which forms of gaming are conducted as authorized by the laws of the Commonwealth of Pennsylvania including, without limitation, gaming authorized by: (i) the Pennsylvania Racehorse Development and Gaming Act, P.L. 572, No. 71, 4 Pa. C.S.A, § 1101, et seq., as amended from time to time (the "Racehorse Development and Gaming Act"); and (ii) the Racehorse Industry Reform Act, P.L. 435, No. 135, 4 P.S. § 325.101, et seq., as amended from time to time (the "Racehorse Reform Act"). Notwithstanding the foregoing, for purposes of this Ordinance, the term "Gaming Establishments" shall not include or encompass facilities or establishments at which small games of chance are played or facilities participating in any lottery authorized by the Commonwealth of Pennsylvania.

[Added 3-9-1998 by Ord. No. 396; amended 12-27-2005 by Ord. No. 458]

GAMING HOTEL

A facility comprising one or more buildings on a single tract of land under common ownership containing not fewer than 250 guest rooms each of which shall: (i) contain at least 350 square feet of habitable space measured to the center of perimeter walls, including bathroom, sleeping, and closet space but excluding hallways and balconies; (ii) contain a private bathroom facility; (iiii) be available and used regularly for the temporary overnight lodging of guests in a facility containing a gaming area licensed pursuant to the Racehorse Development and Gaming Act; and (iv) be situate in and be part of a Gaming Resort.

[Added 12-27-2005 by Ord. No. 458]

GAMING RESORT

One or more parcels contiguous of land the development plan for which contains a Gaming Establishment, a Gaming Hotel, and a combination of residential and non-residential uses including one or more of the following principal or accessory uses in addition to the Gaming Establishment use:

[Added 12-27-2005 by Ord. No. 458]

Residential uses of all types including, without limitation, single family detached dwellings, multi-family dwellings, single family attached dwellings, apartments, and condominiums which may be owned individually, in fractional ownership, and/or in time share ownership;

Commercial indoor recreation and entertainment facilities;

Commercial outdoor recreation and amusement facilities including, without limitation, equestrian, hiking, and cross-country skiing;

Golf courses and accessory structures and uses (such as a clubhouse, driving range, and equipment shop);

GRAIN-PROCESSING AND -MILLING OPERATIONS

Hotels, gaming hotels, motels, efficiency hotels, motor lodges, motor courts, and condotels;

(6)

Convention, conference, and meeting centers;

(7)

Restaurants, bars, lounges, and nightclubs;

(8)

Retail stores;

(9)

Personal service shops and offices;

(10)

Business and professional offices;

(11)

Indoor theaters;

(12)

Bus terminals;

(13)

Garages and parking structures;

Service stations;

Food markets;

Liquor stores;

Day care centers;

Dry cleaning and laundry uses;

(19)

Pharmacies;

(20)

Barber and beauty shops and salons;

(21)

Agricultural, greenhouses, and nurseries;

(22)

Car washes;

(23)

Heliports;

(24)

Communication towers;

(25)

Public safety facilities (such as fire, police, emergency medical services and/or other security and public safety services);

(26)

Water towers;

(27)

Water and sewage treatment plants;

(28)

Tram (gondola format) and/or monorail stations and towers and shuttle bus terminals and stations; and/or

(29)

Accessory uses.

GARAGE, PRIVATE

An enclosed building accessory to a residence which provides for storage of motor vehicles and in which no occupation, business or service is conducted for profit.

GARAGE, PUBLIC

An enclosed building designed and used for the storage, care or repair of automotive vehicles operated as a business enterprise with a service charge or fee being paid to the owner or operator for the parking or storage of privately owned vehicles.

GRADE, FINISHED

The completed surfaces of yards, walks, parking areas and roads, brought to grades as shown on approved plans.

A light manufacturing use that is carried on within an enclosed building for the milling and processing of grain, except for off-street parking and loading facilities and incidental storage. Such use may include a grain processing mill with accessory structures such as grain storage elevators, loadout tower, office, warehouse, distribution and other related facilities which are incidental to the operation of the processing and milling operations, provided that:

[Added 12-18-1995 by Ord. No. 379]

Such use must abut and primarily receive products from a railroad siding;

The minimum lot size shall be 20 acres, of which at least 10 acres shall be within Tobyhanna Township; and

HEALTH CARE MEDICAL MARIJUANA ORGANIZATION

There shall be no structures in excess of 40 feet in height within 1,000 feet from the ultimate right-of-way of an interstate or state highway.

GRANNY UNIT

A permit-required unit within a dwelling, containing separate kitchen and plumbing facilities, occupied by anyone of direct lineage to a member of the family of the owner of the dwelling. Granny units do not change the character of a single dwelling unit and may not be rented to the public. See "family" and "dwelling unit, single-family."

GREENHOUSES, PRIVATE

A structure accessory to a residence for the purpose of raising plants and flowers for the enjoyment of the residents only.

GROSS FLOOR AREA

The sum of the gross horizontal areas of every floor of a building, measured from the outside face of exterior walls or from the center line of party or common walls separating two dwelling units.

GUARD SHACK

A building or structure located within a planned community, together with any associated gates and related equipment, which is designed, occupied and operated for the purpose of controlling vehicular access to and from the planned community and public roads.

[Added 10-12-2004 by Ord. No. 448]

HABITABLE FLOOR AREA

That portion of the gross floor area within a building having a distance between floor and ceiling of at least seven feet for residential structures and at least 7 1/2 feet for nonresidential structures, and not including garage or accessory building space.

A vertically integrated health system [a health delivery system licensed under the Act of July 19, 1979 (P.L. 130, No. 48), known as the "Health Care Facilities Act," in which the complete spectrum of care, including primary and specialty care, hospitalization and pharmaceutical care, is provided within a single organization] approved by the Commonwealth of Pennsylvania Department of Health to dispense medical marijuana or grow and process medical marijuana, or both, in accordance with research under the Pennsylvania Medical Marijuana Act of 2016, P.L. 84.[3]

[Added 3-13-2017 by Ord. No. 529]

HEIGHT OF A TOWER-BASED WCF

The vertical distance measured from the ground level, including any base pad, to the highest point on a tower-based WCF, including antennas mounted on the tower and any other appurtenances.

[Added 7-17-2018 by Ord. No. 546]

HOME OCCUPATION

The use or occupation of a portion of a dwelling unit or accessory structure as an office, studio or work room for purposes of income or profit by one or more persons residing in the dwelling unit. The use is accessory and secondary and does not alter the exterior of the property or affect the residential character of the neighborhood by the introduction of noise, fumes, obnoxious odors or other nuisance associated with such home occupation. The home occupation shall not involve the employment of more than the equivalent of one full-time person (48 hours per week) not residing in the dwelling unit or the use of any yard space or outside activity. No home occupation shall occupy more than 25% or more than 400 square feet of gross floor area of the dwelling unit, whichever is greater, or more than 600 square feet of gross floor area in an accessory structure. Lawn mower repair, small engine repair and automobile repair are not included in this definition.

HOME PROFESSIONAL OFFICE

The office of a member of a recognized profession when conducted on residential property; such occupations shall include but not be limited to those of doctors, lawyers, architects, engineers, artists, real estate agents, insurance salesmen, barbers, beauticians, financial planners and other recognized professional persons.

HOMESTEAD LOT

A tract of land where:

[Added 8-17-1998 by Ord. No. 400]

The tract is presently owned by the same individual or individuals who have continuously owned the tract since before the year 1977, which represents the first year zoning was implemented in Tobyhanna Township;

If said tract is owned by more than one individual, each owner is related to the other in any of the following ways:

As spouses.

As brothers or sisters (by blood or adoption).

As mothers or fathers (by blood or adoption).

(d)

As sons or daughters (by blood or adoption).

(e)

As grandparents or grandchildren (by blood or adoption); and

IDENTIFIED FLOODPLAIN AREA

At least one of said owners, and/or any person related to said owner in any category set forth in Subsection (2)(b) through (e) of this definition, have individually or in combination continuously dwelled upon said tract in at least one home, as said person's or persons' primary residence, from before the year 1977 through the present.

HOSPITAL, ANIMAL

An institution specializing in giving clinical temporary and emergency services of an inpatient or outpatient medical or surgical nature to animal patients or injured animals and which is licensed by state law to provide facilities and services for animal surgery, obstetrics or general medical practice.

HOSPITAL, REGULAR

An institution, including a health care medical marijuana organization, specializing in giving clinical temporary and emergency services of an inpatient or outpatient medical or surgical nature to human patients or injured persons and which is licensed by state law to provide facilities and services, obstetrics or general medical practice.

[Amended 3-13-2017 by Ord. No. 529]

HOTEL

A facility offering transient lodging accommodations on a daily rate for more than six rooms to the general public. There are no cooking facilities in any individual room or suite of rooms, except in rooms occupied by the owner or manager. This definition does not include efficiency hotels, motels, tourist cabins and tourist or trailer camps. See "efficiency hotel" and "motel."

HUNTING CLUBS AND CAMPS

Lands owned by a person or group of persons duly formed as a club, used principally for hunting, open only to members and guests and involving no building other than those for lodging, eating and sanitary facilities for members and guests.

The floodplain area specifically identified in this chapter as being inundated by the one-hundred-year flood; includes areas identified as Floodway (FW), Flood-Fringe (FF) and General Floodplain (FA).

INDOOR/OUTDOOR COMMERCIAL RECREATIONAL USE

Indoor and outdoor theaters, nightclubs, art galleries, bowling alleys, skating rinks, billiard parlors, swimming pools, miniature golf courses, miniature racecourses, shooting ranges and other facilities of a similar character. A conditional use permit shall be required for such uses.

JUNKYARD

A parcel of land on which waste material such as inoperative vehicles and other machinery are collected, stored, salvaged, sold or exchanged. An automobile wrecking yard is included in this definition. A conditional use permit shall be required for such uses.

KENNEL

An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.

LAND DEVELOPMENT

Any of the following activities:

[Amended 6-8-2009 by Ord. No. 481]

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.

MANUFACTURED/MOBILE HOME PARK

Development in accordance with Section 503(1.1) of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10503(1.1).

LANDOWNER

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LOADING SPACE

A space, accessible from a street or way, in a building or on a lot, for the temporary use of vehicles while loading or unloading people, merchandise or materials. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. See § 155-55M, Off-street loading.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT AREA

The total horizontal area of land enclosed by the boundary lines of the lot and expressed in terms of square feet or acres. Any portion of a lot included in a public right-of-way shall not be included in calculating lot area.

LOT, CORNER

A lot bounded on two or more sides by a public or private road or street right-of-way.

LOT COVERAGE

That percentage of the lot area covered by a building or buildings, including all area circumscribed by all building lines.

LOT DEPTH

The mean distance from the street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.

LOT FRONTAGE

The horizontal distance measured along the full length of a street line abutting the lot line. In the case of corner lots, the shorter of the two street lines shall be considered as the frontage.

LOT LINE, FRONT

The line of a street on which a lot fronts or abuts. In the case of corner lots, the shorter of the two street lines shall be considered as the front lot line.

LOT LINE, REAR

The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line. The rear setback is measured from the rear point of the lot.

LOT LINE, SIDE

Any lot line which is not a front lot line or a rear lot line, including a lot line of an offset portion of a lot.

LOT WIDTH

The distance between the side lot lines measured at right angles to its depth along the front setback line, except for pie-shaped lots in which case the average distance of the front and rear setback lines shall be used.

LUMBERING

The cutting of trees for commercial purposes.

MANUFACTURED/MOBILE HOME

A transportable single-family dwelling intended for permanent occupancy, office or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. The term includes park trailers, travel trailers and recreational and other similar vehicles which are placed on a site for more than 180 consecutive days.

A parcel of land under single or multiple ownership which has been planned and improved for the placement of two or more manufactured/mobile homes for nontransient use.

MANUFACTURING, LIGHT

[Added 12-18-1995 by Ord. No. 379]:

Facilities involving processes carried on entirely within a fully enclosed building and includes:

Processing of food.

Grain storage, distribution, processing and milling operations.

Fabrication, processing, assembly, repair, testing, packing and/or storage of products made from previously prepared materials, products, components and parts such as cloth, plastic, food, paper, glass, leather, stones and electric components.

(d)

Research and engineering testing laboratories.

(e)

Textile and clothing manufacturing.

(f)

Furniture and other wood products production.

Light manufacturing shall not include:

Basic industrial processing as defined by industry.

Processing of raw materials except for the milling and processing of grain.

MEDICAL MARIJUANA DISPENSARY

Slaughterhouses or the production of fish or meat products, sauerkraut, vinegar or the like.

(d)

Rendering of fats and oils.

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 of the Commonwealth of Pennsylvania to dispense medical marijuana. The term does not include a health care medical marijuana organization.

[Added 3-13-2017 by Ord. No. 529]

MEDICAL MARIJUANA GROWER/PROCESSOR

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 of the Commonwealth of Pennsylvania to grow and process medical marijuana. The term does not include a health care medical marijuana organization.

[Added 3-13-2017 by Ord. No. 529]

MINI-MART

See "convenience mart."[4]

MODEL HOUSE

Any structure erected for use as a display to promote the sale of similar residential structures, which may be utilized on a short-term basis as an office, with ultimate use of the structure to conform to a permitted use in the district in which the structure is located. Such use requires a special exception permit.

MODIFICATION or MODIFY

The improvement, upgrade or expansion of existing wireless telecommunications facilities or base stations on an existing wireless support structure or the improvement, upgrade or expansion of the wireless telecommunications facilities located within an existing equipment compound, if the improvement, upgrade, expansion or replacement does not substantially change the physical dimensions of the wireless support structure.

[Added 7-17-2018 by Ord. No. 546]

MONOPOLE

A WCF or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.

[Added 7-17-2018 by Ord. No. 546]

MOTEL

A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having parking spaces in proximity to the rooms. See "hotel" and "efficiency hotel."

MOTOR VEHICLE SERVICE STATION

A place for the sale of automotive petroleum products, parts and accessories, plus the servicing of motor vehicles.

MUNICIPAL USES

Buildings or land used for local government offices, garages, storage, parks, playgrounds or other governmental uses which are deemed necessary and appropriate by the Board of Supervisors.

NET ACRE, MOBILE HOME PARKS

The total area of the proposed development less the total area of the required buffer strip.[5]

NONCONFORMING LOT

A lot with an area or dimension which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE OR BUILDING

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include but are not limited to nonconforming signs.

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in the zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

NON-TOWER WIRELESS COMMUNICATIONS FACILITY (NON-TOWER WCF)

Wireless communications facilities located or co-located on existing structures, such as, but not limited to, buildings, water towers, electrical transmission towers, utility poles, light poles, traffic signal poles, flag poles and other similar structures that do not require the installation of a new tower. This term includes the replacement of an existing structure with a similar structure that is required to support the weight of the proposed WCF.

[Added 7-17-2018 by Ord. No. 546; amended 12-17-2019 by Ord. No. 559]

NOVELTIES

Articles of trade having amusement value and whose appeal is often transitory, and which is limited to those items for sale described in AP Standard 87-1, Section *3.2.

[Added 7-17-2018 by Ord. No. 547]

NURSING HOME, REST HOME OR CONVALESCENT HOME

A home for aged, chronically ill or convalescing persons, where such persons are housed or lodged and furnished with board and nursing care for compensation.

OCCUPANCY

Any use of or activity upon a particular premises.

OFF-STREET PARKING

An off-street parking space available for the parking of a motor vehicle and which in this chapter is to be a minimum of 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

OFF TRACK WAGERING

Gaming authorized at a non-primary location pursuant to the provisions of the Racehorse Reform Act.

[Added 12-27-2005 by Ord. No. 458]

OFF TRACK WAGERING FACILITY

A facility licensed pursuant to the provisions of the Racehorse Reform Act for the purpose of Off Track Wagering. An Off Track Wagering Facility shall conform to all of the requirements of the Racehorse Reform Act, including the provision of food and beverage services.

[Added 12-27-2005 by Ord. No. 458]

ONE-HUNDRED-YEAR FLOOD

A flood that, on the average, is likely to occur once every 100 years (i.e, that has a one-percent chance of occurring each year, although the flood may occur in any year).

OPEN SPACE

An area that is intended to provide light and air, and is designed for environmental, scenic, recreational, resource protection, amenity and/or buffer purposes. Open space shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel. For open space pertaining to a PRD, see "common open space."

PARK AND RIDE

A parking facility in proximity to a bus, train or other mass transit station or stop.

PERMIT, BUILDING

A certificate issued by the appropriate officer of the Township for the construction, reconstruction or alteration of a building upon approval of the submitted application and plan, indicating compliance with this chapter and all other requirements for the district in which it is located or is to be located.

PERMIT, CERTIFICATE OF USE AND OCCUPANCY

A certificate issued by the appropriate officer of the Township upon completion of the construction of a new building, or prior to commencement of a more restrictive use of a building, which certifies that all requirements of this chapter or such adjustment therefrom which has been granted by the Zoning Hearing Board or Board of Supervisors have been met and that the purpose for which a building or land is to be used is in conformance with the uses permitted within this chapter and all other applicable regulations for the zone in which it is located or is to be located.

PERMIT, CONDITIONAL USE

A certificate issued by the appropriate officer of the Township for the conditional use which states that the requirements governing conditional uses in the chapter and all other applicable requirements have been complied with as authorized and approved by the Board of Supervisors.

PERMIT, SPECIAL EXCEPTION

A certificate issued by the appropriate officer of the Township for the use of a special exception which states that the requirements governing special exception uses in the chapter and all other applicable requirements have been complied with as authorized and certified by the Zoning Hearing Board.

PERSON

Individuals, corporations, companies, associations, joint stock companies, firms, partnerships, limited-liability companies, corporations and other entities established pursuant to statutes of the Commonwealth of Pennsylvania, provided that "person" does not include or apply to the Township, or to any department or agency of the Township.[6]

[Amended 12-17-2019 by Ord. No. 559]

PLANNED COMMERCIAL RETAIL ENTERTAINMENT AND DINING DEVELOPMENT MASTER SIGNAGE PLAN (MASTER SIGNAGE PLAN)

A comprehensive advertising sign plan submitted as a permitted accessory use intended to enhance the common scheme and architecture of the development comprising identification of users/tenants, uses, and directional signs consistent with the criteria set forth at § 155-16.1E(2) hereof.

[Added 2-20-2018 by Ord. No. 542]

PLANNED COMMUNITY

Real estate with respect to which a person, by virtue of ownership of an interest in any portion of the real estate, is or may become obligated by covenant, easement or agreement imposed on the owner's interest to pay any amount for real property taxes, insurance, maintenance, repair, improvement, management, administration or regulation of any part of the real estate other than the portion or interest owned solely by the person. The term excludes a cooperative and condominium, but a condominium or cooperative may be part of a planned community. For purposes of this definition, "ownership" includes holding a leasehold interest of more than 20 years, including renewal options, in the real estate.

[Added 10-12-2004 by Ord. No. 448]

PLANNED COMMUNITY COMMON AREAS

Any real estate within a planned community which is owned by a property owners' association of said planned community or leased to the property owners association of said planned community. This term does not include the residential units or lots designated for separate ownership or occupancy by a person or entity other than the property owners' association of a planned community.

[Added 10-12-2004 by Ord. No. 448]

PLANNED RESIDENTIAL DEVELOPMENT

An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or a combination of residential and nonresidential uses, the development plan for which may not correspond in lot size, bulk, type of dwelling or use, density, or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under the provisions of this chapter.

PLANNING COMMISSION

The Planning Commission of Tobyhanna Township.

PLAT OR PLAT PLAN

A map or plan of a subdivision or land development, whether preliminary or final.

POLE FACILITY

A wireless communications facility located in the public rights-of-way with a support structure consisting of a single new utility pole installed for the primary purpose of supporting one or more WCF.

[Added 12-17-2019 by Ord. No. 559]

PRD

An abbreviation for "planned residential development."

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is situated. All attached structures shall be considered a party of the principal building.

PRINCIPAL PERMITTED USE

Primary use as specified for each district together with any use customarily incidental to the primary use or building and located on the same lot with such principal use or building.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with the Pennsylvania Municipalities Planning Code.[7]

PUBLIC NOTICE

Notice given not more than 30 days and not less than seven days in advance of any public hearing required by this chapter. Such notice shall be published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing.

PUBLIC RIGHT-OF-WAY LINE

The line where the property meets the public right-of-way for a street or other public way, provided that this definition shall not include unimproved alleys, easements or other similar uses.

PUBLIC UTILITY TRANSMISSION TOWER

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.

[Added 3-9-1998 by Ord. No. 394]

PUBLIC WAY

Any street, highway, road, path or right-of-way, whether privately or publicly owned, which is designed or used for vehicular or pedestrian traffic either by public right or custom, or by invitation to the public of two or more common owners, including unimproved alleys and easements.

REGULATORY FLOOD ELEVATION

The one-hundred-year-flood elevation plus a freeboard safety factor of 1 1/2 feet.

REPLACEMENT

The replacement of existing wireless communications facilities on an existing wireless support structure or within an existing equipment compound due to maintenance, repair or technological advancement with equipment composed of the same wind loading and structural loading that is substantially similar in size, weight and height as the wireless communications facilities initially installed and that does not substantially change the physical dimensions of the existing wireless support structure.

[Added 12-17-2019 by Ord. No. 559]

RESORT

A business combining lodging, eating and recreational facilities for lodgers and/or non-lodgers as a single enterprise offered to the public at large or any segment thereof. A resort shall include lodging for tourists in one or more buildings having a total of not fewer than 250 guest rooms, not including bed and breakfast establishments, campgrounds, recreational vehicle parks or mobile home parks. A resort may include residential uses of all types including, without limitation, single family detached dwellings, multi-family dwellings, single family attached dwellings, apartments, and condominiums which may be owned individually, in fractional ownership, and/or in time share ownership. Amenities may include conference centers, retail sales, spas, beauty salons, barber shops, restaurants, indoor and outdoor recreational facilities, health centers, day care centers, facilities for commercial special events, and employee living quarters.

[Added 12-27-2005 by Ord. No. 458]

RESTAURANT

Any establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park operated by the agency or group or an approved vendor operating at the recreational facilities and for the convenience of patrons of the facility shall not be deemed to be a restaurant.

RESTAURANT, FAST-FOOD

An establishment that offers quick food service, which is accomplished through a limited menu of items already prepared and held for service; or prepared, fried or griddled quickly; or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers. The establishment may include a drive-up or drive-through facility or a facility which offers curb service.

RETAINING WALL

A solid or integrated vertical structure in excess of four feet in height designed for the separation or retention of varying ground levels.

RIDING STABLE

A facility for the boarding and exercising of horses and similar animals for profit.

SCREENING

Generally, the method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.

SEWAGE ENFORCEMENT OFFICER

Specifically, a row of dense evergreen hedges or shrubbery planted at four feet on center in a single row or at eight feet on center in two staggered rows or a ten-foot swath of existing vegetation augmented as necessary. A screen shall not be less than three feet in height at planting or have a normal mature height of less than six feet. In the event that there is no existing vegetation and planting is impractical because of soil conditions or other peculiarities, a fence of between five feet and seven feet in height above the grade of the area to be shielded may be considered a screening. See "buffer strip."

SETBACK

The required minimum horizontal distance between the building line and the related front, side or rear property line, or right-of-way line, if nearer to the building line, which may include a buffer strip. See "buffer strip."

The person or persons charged with the administration and enforcement of Title 25 of the Pennsylvania Code.

SEWAGE SYSTEM, CENTRALIZED

A system designed and constructed to collect, convey, centrally treat and dispose of sewage from a specific service area.

SEWAGE SYSTEM, PUBLIC

A centralized sewer system developed and administered by a governmental agency or authority.

SHORT-TERM RENTAL

Any dwelling unit utilized as a single-family residence rented for the purpose of overnight lodging for a period of 30 days or less, and which meets the definition of "hotel" for the purpose of imposing an excise tax by the County of Monroe as defined in the County of Monroe Ordinance No. 2004-03, as amended.

[Added 6-28-2022 by Ord. No. 570]

SIGN

See § 155-20 of this chapter for additional definitions.

SMALL WIRELESS COMMUNICATIONS FACILITY

A wireless communications facility that meets the following criteria:

[Added 12-17-2019 by Ord. No. 559]

The structure on which antenna facilities are mounted:

Is 50 feet or less in height; or

Is no more than 10% taller than other adjacent structures; or

Is not extended to a height of more than 50 feet or by more than 10% above its preexisting height as a result of the co-location of new antenna facilities; and

Each antenna associated with the deployment (excluding the associated equipment) is no more than three cubic feet in volume; and

All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume.

The facilities do not require antenna structure registration under 47 CFR Part 17;

SPECIAL EVENT, COMMERCIAL

The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

(6)

The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified in 47 CFR 1.1307(b).

SOUND LEVEL

The quantity in decibels measured by a sound-level meter satisfying the requirements of American National Standards Institute Specification for Sound-Level Meters S1.4-1971. Sound level is the frequency-weighted sound pressure level obtained with the standardized dynamic characteristic "fast" or "slow" and weighting A, B or C; unless indicated otherwise, the A-weighting is understood. The unit of any sound level is the decibel, having the unit symbol dB.

SOUND LEVEL, EQUIVALENT

The level of a constant sound which, over a given time interval and situation, has the same sound energy as a time-varying sound.

SPECIAL EVENT

Gathering of individuals generally lasting from a few hours to a few days designed to celebrate, honor, discuss, teach about, encourage, observe or influence human endeavors. A special event is but not limited to firework displays, carnivals, circus, bazaar, parades, fairs, or any assembly, gathering, activity or meeting. This does not include sidewalk sales where merchandise normally sold indoors is transferred from indoors to outdoors for sale. Yard sales, garage sales and similar activities are not regarded as special events.

[Added 7-17-2018 by Ord. No. 548]

An event or function held at a business located within the Township, such as grand openings, tent sales and sidewalk sales, limited to not more than four events per calendar year.

SPECIAL EVENT, GENERAL

An event or function which is held in the Township and of general interest to the community, such as bazaars, fairs, festivals and activities generally viewed as fund-raisers for the benefit of nonprofit organizations and volunteer activities, limited to not more than four events per organization per calendar year.

STEALTH TECHNOLOGY

Camouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure and facilities constructed to resemble trees, shrubs, light poles, and smart pole technology or the equivalent thereto.

[Added 7-17-2018 by Ord. No. 546]

STORAGE BUILDING, NONRESIDENTIAL

A structure accessory to a nonresidential use for the purpose of holding goods, tools or other items incidental to the nonresidential use, offering such protection from the elements and keeping them from common view.

STORAGE BUILDING, RESIDENTIAL

A structure accessory to a residence for the purpose of holding household goods, tools or other personal items, offering such protection from the elements and keeping them from common view.

STORY

That part of a building between the surface of any floor and the next floor above it or, in the absence of a next floor, then the finished ceiling or roof above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls of such story, or if it is used for business or dwelling purposes. See "building height."

STREET

Includes any street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. Streets are further classified by the functions they perform:

Local access streets have the sole purpose of providing frontage for service and access to private lots. These streets carry only traffic having either destination or origin on the street itself. The elimination of through traffic and the geometric design of the street are means to promote safety and to create a desirable residential neighborhood.

Minor local access streets are access streets that provide frontage for lots and may carry a small amount of residential through traffic collected only from tributary residential access streets.

Major local access streets are streets that conduct and distribute traffic between other streets of lower order in the street hierarchy and higher-order streets or major activity centers. This is the highest order of street appropriate to a residential neighborhood, and residential frontage along it should be prohibited or severely restricted.

Higher-order streets exist but do not belong within a residential area and should be excluded. These include:

Arterials which are interregional roads conveying traffic between towns, boroughs and other urban centers. Efficient movement is the primary function of arterial roads; hence, private access and frontage should be controlled and limited to high-volume generators of vehicle trips.

SUBSTANTIALLY CHANGE or SUBSTANTIAL CHANGE

Expressways which are limited-access interregional arterial routes (superhighways). They are designated exclusively for unrestricted movement, have no private access and intersect only with selected arterial highways or major streets by means of interchanges engineered for free-flowing movement.

STREET LINE

That line determining the limit of the rights of the public or other private users.

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, including, among other things, stadiums, platforms, radio towers, sheds, storage bins, swimming pools and fences which are more than 50% solid.

SUBDIVISION

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 modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

[Amended 7-17-2018 by Ord. No. 546; 12-17-2019 by Ord. No. 559]

For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater:

Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.[8]

For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;

For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

It entails any excavation or deployment outside the current site;