For the purposes of this chapter, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future
tense.
B.
"Used" or "occupied" as applied to any land or building
include the words "intended, arranged or designed to be used or occupied."
C.
"Should" means that it is strongly encouraged but
is not mandatory.
D.
"Sale" shall also include rental.
E.
The singular shall include the plural, and vice versa.
The masculine gender shall include the feminine and neuter, and vice
versa.
F.
If a word is not defined in this chapter, but is defined
in the City Subdivision and Land Development Ordinance,[1] as amended, the definition in that ordinance shall apply.
If a word is defined in both this chapter and another City ordinance,
each definition shall apply to the provisions of each applicable ordinance.
G.
Any word or term not defined in this chapter or in
the City Subdivision and Land Development Ordinance, as amended, shall
be used with the meaning of standard usage within the context of the
section.
H.
The words "such as," "includes," "including" and "specifically"
shall provide examples. These examples shall not, by themselves, limit
a provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
A nonprofit residential use in which rooms are provided to
serve as a temporary safe and supportive environment for persons who,
because of actual or threatened physical or mental abuse, are forced
to leave their previous living arrangement. Such facilities shall
be designed to provide in-house living for persons only until a safe,
permanent living arrangement can be obtained.
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
A privately owned, constructed and maintained vehicular access
roadway accessing more than one dwelling unit or more than one commercial,
institutional or industrial principal use. See also "driveway."
A building (such as a private garage, private toolshed, children's
playhouse or noncommercial greenhouse) which is subordinate and accessory
to a principal building on the same lot and which is used for purposes
that are clearly customarily incidental to the use of the principal
building. A portion of a principal building used for an accessory
use shall not be considered an accessory building.
A structure, such as a private garage or private swimming
pool, serving a purpose customarily incidental to the use of the principal
building and located on the same lot as the principal building.
A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building. See lists of permitted by right accessory uses in § 445-29. See also definition of "residential accessory structure."
One combined entrance/exit point or one clearly defined entrance
point separated from another clearly defined exit point. This term
shall not include accessways or driveways that are strictly and clearly
limited to use by only emergency vehicles; such accesses are permitted
by right as needed.
Forty-three thousand five hundred sixty square feet.
Contiguous lots that share a common lot line or that are
separated only by a street or waterway.
Any place to which the public is permitted or invited wherein
coin-operated or token-operated or electronically, electrically or
mechanically controlled still or motion-picture machines, projectors
or other image-production devices are maintained to show images of
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.
A commercial establishment which, as one of
its principal business purposes, offers for sale or rental for any
form of consideration any one or more of the following:
Books, magazines, periodicals or other printed
matter or photographs, films, motion pictures, videocassettes or video
reproductions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas;
or
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal
business purposes that do not involve the offering for sale or rental
of material depicting or describing specified sexual activities or
specified anatomical areas and still be categorized as "adult bookstore"
or "adult video store." Such other business purposes will not serve
to exempt such commercial establishment from being categorized as
an "adult bookstore" or "adult video store" so long as one of its
principal business purposes is the offering for sale or rental for
consideration the specified materials which depict or describe specified
sexual activities or specified anatomical areas.
For the purposes of this chapter, the term "adult
bookstore" shall include but not be limited to an adult video store.
A use providing supervised care and assistance primarily
to persons who are over age 60 and not in good physical health or
suffering from Alzheimer's disease or are developmentally handicapped
and/or are physically handicapped and who need such daily assistance
because of such condition. This use shall not include persons who
need oversight because of behavior that is criminal or violent. This
use may involve occasional overnight stays, but shall not primarily
be a residential use. The use shall involve typical stays of less
than a total of 60 hours per week per person.
A commercial use (including but not limited to a use selling
food or beverages) including live entertainment involving:
Persons (which may include, but is not limited
to, waiters, waitresses, dancers, clerks, bartenders, contractors
or others) appearing in a state of nudity;
Live performances which are characterized by
the exposure of specified anatomical areas or simulated or actual
specified sexual activities; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas.
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right-of-way which advertises
the availability of this adult-type of photographic reproductions;
or
Offers sleeping rooms for rent four or more
times in one calendar day during five or more calendar days in any
continuous thirty-day period.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or specified sexual activities.
The same meaning as a "sexually oriented business."
A commercial use or membership club that permits the consumption
of alcohol and is routinely open between the hours of 2:00 a.m. to
4:00 a.m., in addition to any other hours. See State Act 219 of 1990
which generally prohibits this use.
Crop farming, plant nursery and raising of livestock; see
definition of each. This use shall not include fertilizer manufacturing
or tanneries.
A public thoroughfare having a right-of-way width of 20 feet
or less.
Any change or rearrangement in the structural parts or in the existing facilities of a building or structure or any enlargement thereof, whether by extension on any side or by an increase in height or the moving of such structure from one location to another. See § 445-7B regarding types of alterations not regulated by this chapter.
An indoor commercial use with four or more electronic machines
for amusement or entertainment, with such machines activated by the
use of tokens or coins. The use of three or fewer of such devices
shall be a permitted accessory use to any lawful principal commercial
use. This shall not include an adult video store, which is a distinct
use.
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting electronic signals or shortwave
or citizens band radio frequencies. This includes any accessory supporting
structures. See also "commercial communications antenna," which is
a distinct separate use.
See "dwelling" types.
The person(s), company, partnership, profit or nonprofit
corporation or trust responsible for a particular application for
an approval or permit under this chapter and his/her heirs, successors
and assigns.
A commercial area or structure involving indoor or outdoor
space for exhibits, meetings, live performances or sports events,
but not a use that meets the definition of a "movie theater," "adult
live entertainment use" or "standard or fast-food restaurant."
A building or area, other than a street, used for the outdoor
or indoor display, sale or rental of a total of two or more of the
following in operable condition: motor vehicles, recreation vehicles,
boat trailers, farm machinery, motorcycles, trucks, utility trailers,
construction vehicles or boats or transportable mobile/manufactured
homes in a livable condition. This use may include an auto repair
garage as an accessory use, provided that all requirements of such
use are complied with. This use shall not include a mobile/manufactured
home park or a junkyard.
A building and/or land where repairs, improvements and installation
of parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "auto service station." An auto repair garage
shall include, but not be limited to, any use that involves any of
the following work: major mechanical or body work, straightening of
body parts, painting, welding or rebuilding of transmissions. In addition,
any use permitted as part of an auto service station is also permitted
as part of an auto repair garage. This use shall not include a use
meeting the definition of a "truck stop."
A building and/or land where gasoline is sold and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, windshield wipers, batteries and belts and similar accessories; safety and emission inspections; tuning up engines and radiator flushing. This use may include the sale of ready-to-eat food for consumption off the lot and of common household products as a clearly accessory use. An accessory use providing only motor fuel to vehicles operated by that business shall not be considered to be an auto service station. This use shall not include a use meeting the definition of a "truck stop." See storage limits in § 445-34.
See "junkyard."
See "lot area, average."
An enclosed floor area partly or wholly underground, other
than a building which is completely underground.
One of the seven main churches of Rome, or another Roman
Catholic church that has been accorded the same religious privileges.
In addition to a civic hall for Christian worship, a basilica may
include a monastery in the form of a two-story home, a plaza at the
front entrance of the basilica, off-street parking, a rear entrance
to the basilica, a dining room where visitors may gather, a shrine
center, offices and a small television studio to permit services to
be broadcast to a national congregation of elderly and infirmed parishioners.
[Added 1-4-1999 by Ord. No. 115-1998]
The use of a single-family detached dwelling and/or accessory
structure which includes the rental of overnight sleeping accommodations
and bathroom access for a maximum of 10 temporary guests at any one
time (except as otherwise provided for in this chapter) and which
does not provide any cooking facilities or provision of meals for
guests other than breakfast. This use shall only include a use renting
facilities for a maximum of 14 consecutive days to any person(s) and
shall be restricted to transient visitors of the area.
A use where lawful gambling activities are conducted, including
but not limited to offtrack parimutuel betting. This term shall not
include betting under the state lottery programs or betting under
the small games of chance provisions of state law, which shall instead
be regulated under the regulations applicable to the principal use
of the property (such as a membership club).
See "sign, off-premises."
The Zoning Hearing Board of the City of Scranton.
A residential use in which any or all of the
following applies:
Individual room(s) that do not meet the definition
of a lawful dwelling unit are rented for habitation by a total of
two or more persons who are not related to the owner of record of
the property;
A dwelling unit that includes a greater than
the permitted maximum number of unrelated persons (see the definition
of "family"); or
If individual units of living space not meeting
the definition of a lawful dwelling unit are separately rented to
person(s) who are not related to the owner of record of the property.
A boardinghouse shall not include a use that
meets the definition of the following uses: treatment center, abused
person shelter, hotel, dormitory, motel, life care center, personal
care center, bed-and-breakfast use, group home or nursing home. A
college fraternity or sorority house used as a residence shall be
considered a type of boardinghouse. A boardinghouse may either involve
or not involve the providing of meals to residents.
This use shall only involve renting living accommodations
for minimum periods of five consecutive days. See "hotel or motel."
An establishment operated for profit or pecuniary gain which
has a capacity for the assemblage of 20 or more persons and in which
alcoholic liquors, alcohol or malt or brewed beverages are not legally
sold but where alcoholic liquors, alcohol or malt or brewed beverages
are either provided by the operator or agents or employees of the
operator for consumption on the premises or are brought into or kept
at the establishment by the patrons or persons assembling there for
use and consumption. The term shall not include a license under the
Act of April 12, 1951 (P.L. 90, No. 21) known as the "Liquor Code"
or any organization as set forth in Section 6 of the Act of December
19, 1990 (P.L. 1200, No. 202) known as the "Solicitation of Funds
for Charitable Purposes Act."
[Added 12-29-2003 by Ord. No. 145-2003]
Any structure having a permanent roof and intended for the
shelter, work area, housing or enclosure of persons, animals, vehicles,
equipment or materials and that has a total area under roof of greater
than 50 cubic feet. "Building" is interpreted as including "or part
thereof." See the separate definition of "structure." Any structure
involving a permanent roof (such as a covered porch or a carport)
that is attached to a principal building shall be considered to be
part of that principal building.
The percentage obtained by dividing the maximum horizontal
area in square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot by the total lot area
of the lot upon which the buildings are located.
The horizontal measurement between the two most distant portions,
other than portions measured diagonally, of any one building or of
attached buildings.
See "setback line."
A building used for the conduct of the principal use of a
lot and which is not an accessory building.
The horizontal measurement between two structural walls of
one building that are generally parallel, measured in one general
direction that is most closely parallel to the required lot width.
For a townhouse, this width shall be the width of each dwelling unit.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household for some productive reuse, but which does not involve the
actual processing or recycling of hazardous or toxic substances and
which does not primarily involve the processing of nonrecycled solid
waste, unless the use also meets the applicable requirements for a
solid waste transfer facility. This definition shall not include a
junkyard.
Storage beyond what is reasonably needed for customary use
on-site. This includes storage of substances intended to be sold or
resold for use off-site.
A use other than a treatment center or a mobile home park
that is primarily recreational in nature and that involves the use
of:
A use involving residential and/or outpatient counseling
and support facilities for persons under the age of 18 who primarily
need such special services because of emotional or behavior concerns
or because of inadequate care provided by their families. Such facilities
may also include counseling facilities for the families of the youth.
Such facilities may also include the following types of facilities
for persons under age 18: group homes, recreation facilities, child
day-care centers, educational facilities and support facilities for
off-site programs.
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building.
The paved portion of a street designed for vehicular traffic
and on-street parking, but not including the shoulder of the street.
See "basement."
Land or buildings used for the burial of deceased humans,
but not animals. The internment or scattering of remains of properly
cremated humans is not regulated by this chapter.
Includes Chairman, Chairwoman, Chair and Acting Chairperson
(when applicable).
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale of trees from November 10 to December 30 that were produced on
the premises.
City of Scranton, Lackawanna County, Pennsylvania.
The City Council of the City of Scranton.
A logging method that removes all trees or the vast majority
of all trees from a tract of land or a portion thereof.
An institution of higher learning authorized to grant associate,
bachelor's, master's and/or doctorate degrees. For nondegree institutions,
see "trade school."
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals. Commercial
communications towers include, but are not limited to, antenna used
for transmitting commercial radio or television signals or cellular
telephone communications, but shall be distinct from the use entitled
"antenna."
The C-G, C-N and C-D Zoning Districts.
See § 445-56.
A use that:
Retail sales, offices, personal services, car washes, auto
sales, auto repair garages, amusement arcade, adult use and other
uses of a closely similar nature. The sale of goods or services from
a vehicle on a lot shall also be considered to be a commercial use.
The City Planning Commission of the City of Scranton.
A noncommercial use that exists solely to provide leisure
and educational activities and programs to the general public or certain
age groups. The use also may include the noncommercial preparation
and/or provision of meals to low-income elderly persons. This shall
not include residential uses or a treatment center.
The collection and processing of vegetative material to allow
it to biologically decompose under controlled anaerobic or aerobic
conditions to yield a humus-like product.
The document entitled the "Scranton City Comprehensive Plan,"
also known as the "Master Plan," or any part thereof, adopted by the
City Council, as amended.
A use which is allowed or denied by the City Council within the provisions of Article I, after review by the Planning Commission.
A set of individual dwelling units or other areas of buildings,
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which was created under
the Pennsylvania Unit Property Act of 1963 (at the time such law was
in effect) or is/was created under the Pennsylvania Uniform Condominium
Act of 1980, as amended.[1]
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position and/or
the demolition of a preexisting building.
A use that primarily sells routine household goods, groceries
and prepared ready-to-eat foods to the general public, but that is
not primarily a restaurant, and that includes a building with a floor
area of more than 2,000 square feet but less than 5,000 square feet
and which also includes the on-site sale of gasoline. Other types
of convenience stores shall be regulated as a retail store.
To change or adapt land or structures to a different use.
A facility operated by the County of Lackawanna, the Commonwealth
of Pennsylvania or the United States government to incarcerate persons
who have been sentenced by a court of law or a parole board to involuntarily
spend time in such facility or who are being incarcerated while awaiting
trial or sentencing. See also "treatment center."
The County of Lackawanna, Commonwealth of Pennsylvania.
The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. The definition of "crop farming" shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, riding academies or kennels. If a crop farming lot includes more than 15 acres, it may also include the keeping of up to 10 additional animals as a permitted accessory use, in addition to what is permitted under the keeping of pets in § 445-35.
A building and/or land open to the public which primarily
contains exhibits of clearly artistic or cultural interest, such as
a museum, library, art gallery or indoor nature study area. This shall
not include uses that are primarily commercial in nature.
A proposed zoning amendment made to the City Council by any
landowner who desires to challenge on substantive grounds the validity
of an ordinance which prohibits or restricts the use or development
of land in which they have an interest.
An establishment operated for profit or pecuniary gain which
has the capacity for the assemblage of 20 or more persons for dancing,
regardless of whether dancing is the primary or intended purpose of
the building, establishment or place of assembly, and alcoholic liquors,
alcohol or malt or brewed beverages are either provided by the operator
or agents or employees of the operator for consumption on the premises
or are brought into or kept at the establishment by the patrons or
persons assembling there for use and consumption. The term shall not
include an establishment that has a valid license for the sale of
alcohol pursuant to the Liquor Code, 47, P.S. § 1-101 et
seq.
[Added 12-29-2003 by Ord. No. 145-2003]
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a nursery school. The following three types of day care are permitted
without regulation by this chapter: care of children by their own
relatives, care of children within a place of worship during regularly
scheduled weekly religious services and care of one to three children
within any dwelling unit, in addition to children who are relatives
of the care giver. See also the definition of "adult day-care center."
CHILD) DAY CARE, AS AN ACCESSORY USE A type of day care use that provides care for six or fewer children at one time who are not relatives of the care giver. See § 445-35.
CHILD) DAY CARE CENTER, AS A PRINCIPAL USE A type of day care use that provides care for seven or more children at any one time who are not relatives of the primary operator. See § 445-35. See also day care as an accessory use of a business under § 445-29D.
Calendar days.
The total number of dwelling units proposed on a lot divided
by the lot area, unless otherwise stated.
(or DEP) -- The Pennsylvania Department of Environmental
Protection, or its successor, and its relevant subparts.
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
Construction, erection or expansion of a structure or mining,
dredging, filling, grading, paving, excavation or drilling operations.
The term also includes, but is not limited to, any activities defined
as land development under the Scranton City Subdivision and Land Development
Ordinance.
The processing of materials so as to sort out which finished
goods are to be transported to different locations and the loading
and unloading of such goods. This use usually involves inventory control,
material handling, order administration and packaging. This term shall
not include a trucking company terminal.
A land area within the City within which certain uniform
regulations and requirements apply under the provisions of this chapter.
Residential facilities that are only inhabited by teaching
faculty and/or full-time students of an accredited college, university
or medical training facility or state-licensed teaching hospital,
or an approved care and treatment center for children (as an accessory
use to such use) or to an accredited public or private primary or
secondary school, and which are owned and operated by such principal
use to which the dormitory serves. Lawful dwelling units shall not
be regulated as dormitories.
A privately owned, constructed and maintained vehicular access
from a street or access drive to only one dwelling unit, commercial
unit, institutional or industrial principal use. See also "access
drive."
A use involving the unlawful deposit of solid waste or junk
onto or into the ground or waters, which is prohibited in all districts.
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home, shelter
or dormitory. A dwelling may include a use that meets the definition
of a "sectional home." This chapter categorizes dwellings into the
following types:
[Amended 5-20-1998 by Ord. No. 46-1998]
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Article IV and where permitted by Article III and meeting the floor area requirements of Article VIII.
LOW-RISE APARTMENTSThree or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouses"). This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is lesser. The individual dwelling units may be leased or sold for condominium ownership.
MID-RISE APARTMENTSThree or more dwelling units within a building with a height greater than 35 feet or 3 1/2 stories and less than the maximum height permitted in the district.
SECTIONAL HOME (also commonly called a "modular home")- A type of dwelling that:
Meets a definition of "single-family detached
dwelling," "single-family semidetached dwelling," "townhouse" or "low-rise
apartment";
Is substantially but not wholly produced in
two or more major sections off the site and then is assembled and
completed on the site;
Does not meet the definition of a "mobile/manufactured
home";
Is supported structurally by its exterior walls;
and
That rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open areas on all sides.
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: is transportable, is designed for permanent occupancy, is contained in a single piece or two substantial pieces designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, is constructed so that it may be used with or without a permanent foundation, is not a recreation vehicle, and includes a minimum of 300 square feet of interior floor space. The terms "mobile home" and manufactured home" have the same meaning. See the definition of "sectional home."
SINGLE-FAMILY SEMIDETACHED DWELLING OR HALF OF A TWIN DWELLINGOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. This use is commonly known as 1/2 of a duplex. Each unit may or may not be on a separate lot, unless otherwise specified.
TOWNHOUSEOne dwelling unit that is attached to two or more dwelling units and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. Townhouses are also commonly referred to as "row houses" or "single-family attached dwellings."
TWO-FAMILY DETACHED DWELLINGTwo dwelling units accommodating one family each, with both dwelling units within a single building on a single lot, and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.
A single habitable living unit occupied by only one family.
See the definition of "family." Each dwelling unit shall have its
own toilet, bath or shower, sink, sleeping and cooking facilities
and separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. No dwelling unit
shall include a separate living area that is completely separated
by interior walls so as to prevent interior access from the remainder
of the living area. No dwelling unit may include more than one kitchen,
except:
Cooking facilities may be located in two abutting
rooms that open onto each other;
If a kitchen was installed prior to the adoption
of this chapter under a valid City building permit;
As permitted as a unit for care of relative;
or
As may be permitted under the home occupation
provisions.
Authorization by a property owner for the use by another
and for a specified purpose of any designated part of the owner's
property.
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This may include
housing for emergency personnel while on-call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer and both employees and contractors)
at work on a lot at any one time, other than clearly temporary and
occasional persons working on physical improvements to the site.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who furnishes, offers to
furnish or advertises to furnish escorts as one of its primary business
purposes for a fee, tip or other consideration.
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 445-29. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power-generating station, sludge disposal, utility company offices, storage of trucks or equipment or bulk storage of materials.
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight rooms, exercise equipment, nonhousehold
pool and racquetball courts.
One or more persons living in a single dwelling unit and functioning as a common household unit sharing household expenses and sharing joint use of the entire dwelling unit. If a dwelling unit is rented, in order to qualify as a family, there shall not be more than one lease among all of the occupants. A family shall not include more than four persons who are not related to each other (see definition in Article II). See provisions in § 445-34 regarding maximum number of unrelated persons within a group home. A treatment center shall not be considered a family or a group home. See also the definition of a "dwelling unit."
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier and which is constructed of wood,
chain link metal, fiberglass, vinyl or aluminum and/or plastic inserts.
Man-made barriers constructed principally of masonry, concrete, cinder
block or similar mostly solid materials shall be considered a wall.
The term "wall" does not include engineering retaining walls, which
are permitted uses as needed in all districts. The terms "fence" and
"wall" do not include hedges, trees or shrubs.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
The portion of the floor area (as defined above) that is
heated and that includes a minimum of one door or window open to the
outside within each room so included.
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to, fully enclosed porches and basement or cellar or attic
space that is potentially habitable and has a minimum head clearance
of at least six feet eight inches. Floor area specifically shall not
include the following: elevator shafts, common stairwells within an
apartment building or unenclosed porches, decks or breezeways.
The harvesting of more than 25 live trees with a trunk width
of six inches or more at a height four feet above the average ground
level on any tract or lot within a calendar year. This term shall
not apply to the following, which are permitted by right uses in all
districts:
Cutting of trees that involve less than 20%
of all trees on one or more abutting lots with a trunk width of greater
than six inches;
Cutting of trees with a trunk width less than
six inches;
Cutting of fewer than 25 such trees in a calendar
year;
Christmas tree farms; or
Clearing of portions of a lot that is clearly
the minimum necessary for construction.
A type of boardinghouse used and occupied by a formal, legally
incorporated cooperative organization (with each full member having
a vote in the operations of the organization) of full-time college
or university students. Such use may contain residential, social and
eating facilities for members and their occasional guests.
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a dwelling, except as may be
allowed as a home occupation. The rental to a person(s) who does not
reside on the property of storage space that would accommodate more
than three cars or for commercial purposes shall be regulated as a
business use.
The accessory use of a noncommercial lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 445-34.
A coordinated residential development on a tract of land
having a minimum of 50 acres (prior to postdevelopment sales), the
majority acreage of which is located in a residential-cluster zone
(R-1C), which tract is to be developed and maintained by a single
developer or its successor property owner association, having one
or more controlled access points as its only access, whereby said
single developer or its successor property owner association would
be responsible for road maintenance, garbage collection, snow removal
and utility installation within said community. Said community may
consist of single family detached dwellings, single family semidetached
dwellings, townhouses, condominiums and shared ownership facilities,
or any combination thereof.
[Added 1-29-1997 by Ord. No. 148-1996]
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of the maximum number of persons permitted by the group home standards of § 445-34 and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing nonroutine support services
and oversight to persons who need such assistance to avoid being placed
within an institution, because of physical disability, old age, mental
retardation or other handicap* as defined by applicable federal law.
(*NOTE: As of 1992, the Federal Fair Housing Act defined "handicap"
as follows: "1) a physical or mental impairment which substantially
limits one or more of such person's major life activities, 2) a record
of having such an impairment, or 3) being regarded as having such
an impairment, but such terms does not include current, illegal use
of or addiction to a controlled substance as defined in Section 802
of Title 21." A use that would otherwise meet the definition of "group
home" but which includes more than the permitted number of residents
shall be considered an "institutional group home," which is a distinct
use.)
Does not meet the definition of a "treatment
center."
Does not involve the housing or treatment of
persons who could reasonably be considered a threat to the physical
safety of others.
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated or disposed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation, including but
not limited through the Pennsylvania Solid Waste Management Act,[2] as amended.
The vertical distance measured from the average elevation of the average proposed ground level along the front of the building to the highest point of a structure, including any roof. For a building with a pitched roof, such height shall be measured to midpoint of the eave and the ridge, provided that such area above the maximum height is not habitable. See exemptions for certain types of structures in § 445-73. For height of signs, see Article VII, entitled "Signs."
An area used for the takeoff and landing of helicopters,
together with any related support facilities such as for maintenance,
refueling and storage. This chapter is not intended to regulate the
nonroutine emergency landing and takeoff of aircraft to pick up seriously
injured or ill persons.
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport."
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period (in addition to flights necessary for emergency medical purposes) and that is not available for use by the general public. This is also known as a "helistop."
A routine, accessory and customary nonresidential use conducted
within or administered from a portion of a dwelling or its permitted
accessory building that:
[Amended 5-20-1998 by Ord. No. 46-1998]
Is conducted primarily by a permanent resident
of the dwelling.
Meets the definition, standards and limitations of a "general home occupation" or a "light home occupation" within the following definitions and § 445-35.
Only includes uses that are clearly incidental
and secondary to the principal residential use.
Does not include any retail or wholesale sales
on the premises (other than over the phone and through the mail) nor
any industrial use (other than custom crafts and sewing) nor a treatment
center.
Specifically does not include the following:
hotel, motel, nursing home, homeless shelter, boardinghouse, restaurant,
stable, kennel, auto repair, retail sales, painting of vehicles, tractor
repair, lawn mower and engine repair, manufacturing (other than custom
crafts) or bulk welding.
A type of home occupation that:
Only involves persons working on the premises
or routinely operating from the premises who are permanent residents
of the dwelling;
Does not involve more persons regularly visiting the premises for business purposes than specified in § 445-35, but instead primarily involves the operator(s) of the use visiting clients at their home or business;
Is limited to only the following types of activities:
Office-type work (such as writing, editing,
drafting, tax preparation, computer programming and computer data
inputting);
Clerical work (such as typing, stenography,
addressing and sending mail);
Costume sewing and fabric crafts;
Creation of visual arts that does not involve
an industrial scale (such as custom painting, sculpture or wood carving);
Sales and surveys over a telephone; or
A use that only involves receiving mail and
telephone calls on-site;
Meets the standards of § 445-35.
This use typically does not require Zoning Hearing Board approval under Article III.
A use involving the diagnosis, treatment or other medical or hospice care of humans that includes, but is not limited to, care requiring stays overnight. See "medical office or clinic" for a medical care use that does not involve any stays overnight. A hospital may involve care and rehabilitation for medical, dental or mental health, but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professions. See standards in § 445-29.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boardinghouse and shall meet the
requirements of that use. See also "bed-and-breakfast use." A hotel
or motel may include a restaurant, banquet rooms, conference rooms,
nightclub, newsstand or tavern, provided that such uses are clearly
accessory to the principal use of overnight accommodations. A hotel
or motel may also be developed in combination with other commercial
uses that are permitted in that district, provided that the regulations
of those uses are also complied with.
The total area of all impervious surfaces on a lot (including
building coverage) divided by the total lot area.
Areas being voluntarily dedicated as common
open space may be included in the acreage for determining impervious
coverage of an adjoining lot.
The nonimpervious coverage may be partially
or wholly met by land that abuts the use, even if such land is in
a different zoning district, an adjoining municipality and/or an abutting
lot, if such land will be deed restricted as permanent open space
and be so clearly stated on official recorded plans. In such case,
such land shall be properly maintained by the abutting use.
Area covered by roofs, concrete, asphalt or other manmade
cover which has a coefficient of runoff of seven-tenths (0.7) or higher.
The City Engineer shall decide any dispute over whether an area is
impervious. Areas of land paved for the sole purpose of noncommercial
tennis courts, trails or basketball courts or closely similar active
outdoor recreation may be deleted from impervious surfaces for the
purposes of determining permitted impervious coverage, unless those
areas would also be used for nonrecreational uses (such as parking).
The I-L and I-G Districts.
Includes manufacturing, distribution, warehousing and other
operations of an industrial and not primarily of a commercial, institutional
or residential nature.
The INS-L and INS-G Districts.
A commercial establishment which does not routinely primarily
serve full meals but which serves juices, soft drinks or other beverages
to patrons or which rents to patrons tables or other spaces for the
patrons, who bring alcoholic beverages of any kind for their own consumption.
Any discarded, unusable, scrap or abandoned man-made or man-processed
material or articles, such as the following types: metal, furniture,
rags, pipes, appliances, motor vehicle parts, aircraft, glass, plastics,
machinery, equipment, crates, containers and building materials (except
building materials actively being used for construction). Junk shall
not include:
Solid waste that is temporarily stored as is
customary in an appropriate container that is routinely awaiting collection
and disposed of in a manner consistent with state regulations;
Toxic wastes;
Grass clippings, leaves or tree limbs; or
Items clearly awaiting imminent recycling at
an approved recycling use.
Includes any motor vehicle or trailer that meets any of the
following conditions:
Does not display a license plate with a current
registration sticker and does not have a valid state safety inspection
sticker (except for licensed antique cars not required to have an
inspection sticker) (licenses or inspection stickers that expired
less than 90 days ago shall be considered current for the purposes
of this subsection);
Has been demolished beyond repair;
Has been separated from its axles, body or chassis;
and/or
Includes only the axle, engine, body parts and/or
chassis, separated from the remainder of the vehicle.
Land or a structure used for the collection,
storage, dismantling, processing, buying, selling, handling, wrecking
and/or salvaging, other than within a completely enclosed building,
of material of one or more of the following types:
Junk (see definition);
More than one junk vehicle or the parts thereof
(this shall not apply to such vehicles allowed to be stored within
the specific requirements of an auto repair garage or auto service
station); or
Two or more mobile/manufactured homes that are
not in a habitable condition.
Junk stored within a completely enclosed building
for business purposes shall be considered a warehouse and shall be
regulated as a warehouse.
The keeping of a greater number of dogs or cats on a lot
or within a dwelling unit beyond that number permitted under the keeping
of pets or the crop farming provisions of this chapter. A nonprofit
animal shelter is a type of kennel.
As defined by the State Municipalities Planning
Code, as amended. (As of 1992, this definition included the following:
The improvement of one or more contiguous lots, tracts or parcels
of land for any purpose involving either or both of the following:
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.)
In addition, land development shall specifically
not include the following:
The construction of only one accessory agricultural
building that is not intended for the storage of animal wastes or
the storage or feeding of animals; or
The conversion of an existing single-family
detached dwelling or an existing single-family semidetached dwelling
[one-half (1/2) of a twin] into two or three total dwelling units.
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months), or authorized officers of a partnership
or corporation that is a landowner or other person having a proprietary
interest in land. A person who has clearly received formal notarized
powers of attorney relating to a landowner may act in the capacity
of the landowner, if legally authorized.
The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the keeping of pets provisions of § 445-35 and beyond what is allowed within the definition of "crop farming." The raising of livestock shall not include:
A separate parcel of land that is recorded or that will be
recorded after City final subdivision approval in the office of the
County Recorder of Deeds. A parcel under common ownership that is
completely separated into two parts by a public street shall be considered
(to be one tract but two lots).
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet), but excluding the following:
Areas within the existing legal rights-of-way
of any proposed or existing public streets or alleys/courts;
Areas that are currently dedicated or will be
required to be dedicated as common open space; or
Areas within rights-of-way intended for overhead
electrical lines of 35 kilovolts or higher capacity, which shall only
be excluded for the purposes of determining minimum lot area for residential
lots.
The total of the lot areas (see above) of all adjacent lots
in common ownership within a proposed subdivision or land development
divided by the proposed number of dwelling units.
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a corner lot if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
The average horizontal distance between the front and the
rear lot lines, measured through the approximate center of the lot.
An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel. See § 445-72.
A lot other than a corner lot.
The property lines bounding the lot. Wherever a property
line borders a public street, the lot line shall be considered to
be the existing street right-of-way.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing street right-of-way.
REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)
SIDE LOT LINEAny lot line other than a front or rear lot line. A side street lot line is a side lot line separating a lot from a street.
A lot that abuts two approximately parallel streets, but
only has access onto one street.
A lot that abuts two approximately parallel streets.
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, the lot width shall be
measured using a straight line from end to end.
See definition under "dwelling."
The making, with substantial use of machinery, of some product
for sale and/or associated assembly, fabrication, cleaning, testing,
processing, recycling, packaging, conversion, production, distribution
and repair, with substantial use of machinery, of products for sale.
This term shall not include the following: retail sales, personal
services, solid waste disposal facility or trucking company terminal.
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person(s)'s skin, other
than the face or neck, by another person(s), that is related to certain
monetary compensation, and which does not involve persons who are
related to each other by blood, adoption, marriage or official guardianship.
See also "personal services."
An establishment that meets all of the following criteria:
Massages are conducted (see definition);
The person conducting the massage is not licensed
as a health care professional or a licensed massage therapist by the
state;
The massages are not conducted within a licensed
hospital, nursing home, personal care center or office of a medical
doctor or chiropractor;
The massages are conducted within private or
semiprivate rooms; and
The use is not clearly a customary and incidental
accessory use to a permitted exercise club or to a high school or
college athletic program.
A nonprofit residential use in which rooms are provided to
serve as a temporary, safe and supportive environment for persons
who, for varied physical and mental reasons, are forced to leave their
previous living arrangements.
[Added 5-20-1998 by Ord. No. 46-1998]
A use involving the treatment and examination of patients
by state-licensed physicians, chiropractors or dentists, provided
that no patients shall be kept overnight on the premises unless a
hospital is also permitted. This use may involve the testing of tissue,
blood or other human materials for medical or dental purposes.
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are limited to bona fide members and their occasional guests and persons
specifically invited to special celebrations, but which is not routinely
open to members of the general public and which is not primarily operated
as a for-profit business. The club shall involve a meaningful and
substantial membership system, as opposed to a token system. This
use shall not include a target range for outdoor shooting, a boardinghouse,
a tavern, a restaurant or an auditorium unless that particular use
is permitted in that district and the requirements of that use are
met. See also "after-hours club" in this Article.
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. Mineral
extraction includes but is not limited to the extraction of sand,
gravel, topsoil, limestone, sandstone, clay, coal, shale or iron ore.
The routine movement of and replacement of topsoil during construction
shall not by itself be considered mineral extraction. The reclamation
of waste piles from mining activities conducted prior to the adoption
of this chapter shall be permitted by right in all districts and shall
not be considered mineral extraction.
See "dwelling" types.
A parcel of land under single ownership which has been planned
and improved for the placement of two or more mobile/manufactured
homes for nontransient residential use. The individual manufactured
homes may be individually owned. A development of mobile/manufactured
homes that is subdivided into individual lots shall be regulated in
the same manner as a subdivision of site-built homes and shall not
be considered to be a mobile home park.
See "hotel."
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as may be further amended.[3]
A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
A tavern or restaurant that:
Has a primary or substantial portion of the
total trade in the sale of alcoholic beverages;
Frequently charges admission or cover charges
for entertainment or music for dancing;
Has a capacity of more than 150 persons for
such entertainment or dancing; and
Is not a sexually oriented business.
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
chapter or is legally established through the granting of a variance
by the Zoning Hearing Board, and which is not abutted by other undeveloped
land owned by the same owner.
A structure or part of a structure manifestly not designed
to comply with the applicable lot area, dimensional and other provisions
in this chapter, as amended, where such structure lawfully existed
prior to the enactment of such ordinance or applicable amendment.
Such nonconforming structures include but are not limited to signs.
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this chapter or applicable amendment.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breast.
A facility licensed by the state for the housing and intermediate
or fully-skilled nursing care of three or more persons needing such
care because of old age or a physical illness or disability or a developmental
disability, but not including a treatment center.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical or dental offices, clinics
or laboratories, photographic studios and/or television or radio broadcasting
studios.
Any official map that may be adopted or amended by the City
Council in accordance with the Pennsylvania Municipalities Planning
Code.[4]
The map adopted as part of this chapter classifying the streets
of the City. See definition of "street classification." This map may
be amended by resolution of the City Council.
The map as adopted by the City Council which designates the
location and boundaries of zoning districts.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active
or passive recreation by residents of a development or the general
public;
If not intended to be publicly owned, is covered
by a system for perpetual maintenance;
Will be deeded to the City and/or deed restricted
to permanently prevent uses of land other than common open space and
noncommercial recreation; and
Does not use any of the following areas to meet
minimum open space requirements:
Existing street rights-of-way;
Vehicle accessways;
Buildings (other than accessory buildings and
pools clearly intended for noncommercial recreation);
Off-street parking (other than that clearly
intended for noncommercial recreation);
Any area needed to meet a requirement for an
individual lot;
Any area deeded over to an individual property
owner for his/her own use; or
Land with rights-of-way intended eventually
for overhead electrical transmission of 35 kilovolts or greater capacity.
The City of Scranton Zoning Ordinance, including the Official
Zoning Map and Official Street Classification Map, as amended.
Off-street parking and aisles for vehicles unless otherwise
stated.
All areas covered by gravel and/or impervious surfaces, other
than areas covered by buildings, bicycle paths and pedestrian sidewalks.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
A document issued by the proper City authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit that may be issued indicating that a proposed use, building or structure is, to the best knowledge of the City staff, in accordance with this chapter and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this chapter, a "zoning permit" or "a permit under this chapter" shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established.
CONSTRUCTION PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the City staff, in accordance with the provisions of the building code(s) adopted by the City.[5]
OCCUPANCY PERMITA permit that may be required by the City that is issued upon completion of the construction of a structure or change in use of a structure or parcel of land or reoccupancy of a structure or land indicating that the premises, to the best knowledge of the Building and Zoning Officers, comply with the provisions of City ordinances. This shall have the same meaning as a certificate of use and occupancy.
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the City Council. (A site plan review by the Planning
Commission and the City Council is required for certain permitted
by right uses to ensure that the use would comply with all City ordinances.)
A nonconforming use shall not be considered to be a permitted use.
A residential use providing residential and support services
primarily to persons who are over age 60, physically handicapped and/or
the developmentally disabled and that is licensed as a personal care
center by the Commonwealth of Pennsylvania and that does not meet
the definition of a "treatment center."
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barber- and beauty shops, state-licensed massage therapists, photography
studios, shoe repair shops, household appliance repair shops and other
similar establishments, but shall not include any adult uses.
The keeping of domestic animals that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, birds, hamsters, gerbils, rabbits and other animals commonly sold in retail pet shops. See standards in § 445-35.
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated for nonprofit and noncommercial purposes.
A place of worship may include two dwelling units as an accessory
use to house full-time religious leaders and their families. If a
religious use is primarily residential in nature, it shall be regulated
under the appropriate dwelling type.
The Planning Commission of the City of Scranton.
The indoor and/or outdoor raising of trees, plants, shrubs
or flowers for sale, but not primarily including commercial forestry
for lumber. A plant nursery may include the growth of trees for sale
for internal decoration of homes, such as a Christmas tree farm.
The building in which the principal use of a lot is conducted.
Any building that is physically attached to a principal building shall
be considered part of that principal building.
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
The same meaning as "lot line."
Owned, operated or controlled by a government agency or the
City of Scranton School District.
Land and/or facilities that are owned by a government agency
or the City and are available for use by the general public for leisure
and recreation.
Notice required by the Pennsylvania Municipalities Planning
Code.
A vehicle which is designed primarily to transport a person
for primarily recreational, instead of transportation, purposes or
a vehicle that serves as a mobile, temporary dwelling. This may include
a vehicle that is self-propelled, towed or carried by another vehicle,
but shall not include camper cabs that fit over pickup trucks. This
term shall also include the following: watercraft other than canoes
with a hull longer than 12 feet, motor homes, travel trailers, all-terrain
vehicles and snowmobiles.
An outdoor area used for the storage of three or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that zoning district.
Leisure-time uses that are principally operated for commercial
purposes and are open to the general public.
Noncommercial leisure-time uses that are only open to members,
guests or some specific group.
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted by right accessory use to a
public or private primary or secondary school, a place of worship,
a City-owned use, an emergency services station or a college or university.
Persons who are related by blood, marriage, adoption or formal
foster relationship to result in one of the following relationships:
brother, sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, nephew, niece, sister-in-law, brother-in-law,
father-in-law, mother-in-law or first cousin; shall not include relationships
such as second, third or fourth cousins.
Shops for the repair of appliances, watches, guns, televisions,
bicycles and other household items.
A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, volleyball court, gazebo, storage shed, greenhouse, children's playhouse and children's play equipment. For skateboard ramps, see residential accessory structure standards in § 445-35.
The C-R, R-1, R-1C, R-1A, R-2, R-3 and R-2/O Zoning Districts.
Additional setbacks and buffer yard requirements
from a residential lot line shall not apply if:
The lot(s) partially or wholly within 75 feet
of the lot that would be required to provide the buffer yard or additional
setback currently have the same owner as the lot that would be required
to provide the buffer yard or additional setback; or
Where an institutional use would be required
to provide the buffer yard or additional setback and the lot(s) partially
or wholly within 75 feet of the lot that would be required to provide
the buffer yard of additional setback are owned by a similar institutional
use.
An establishment that sells ready-to-consume
food or drink, that routinely involves the consumption of at least
a portion of such food on the premises and that does not meet the
definition of a "standard restaurant."
A fast-food restaurant may include the accessory
sale of alcoholic beverages. However, if such sale is a primary or
substantial portion of the total trade, the requirements of a tavern
or nightclub as applicable must be met.
A restaurant shall not include a use meeting
the definition of a "nightclub" or an "after-hours club."
An establishment that serves ready-to-consume
food or drink for compensation in which the clear majority of sales
involve the following: the customers order their food from a waiter
or waitress while seated inside a building and then the food is delivered
to the customer's table while the customers are seated and then the
food is consumed at the table.
A standard restaurant may include the accessory
sale of alcoholic beverages. However, if such sale is a primary or
substantial portion of the total trade, the requirements of a tavern
must be met.
A restaurant shall not include a use meeting
the definition of a "nightclub" or an "after-hours club."
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult movie theater, adult bookstore, manufacturing, tavern,
car wash, auto service station, auto repair garage, convenience store
or any restaurant.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing street right-of-way line.
RIGHT-OF-WAY, EXISTING OR LEGALThe line separating a lot from the established official street right-of-way that either the City or the commonwealth will own after the completion of any proposed subdivision, land development or development of a use under this chapter.
RIGHT-OF-WAY, FUTURELand that may be dedicated or reserved for future dedication for use as a street and for related public improvements. The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" shall have the same meaning. If a future right-of-way is not required to be defined, then "future right-of-way" shall have the same meaning as "existing right-of-way."
See "boardinghouse."
A type of solid waste disposal area involving the depositing
of solid waste on land, compacting the waste, covering the waste with
soil and then compacting the soil, and which has a permit to operate
as a sanitary landfill from the state.
A ground-based reflector, usually parabolic in shape, that
receives electronic signals from a satellite. This term shall also
include any pedestal or attached structure.
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
A state of dress in which clothing covers no more than the
genitals, pubic region and areola of the female breast, as well as
portions of the body covered by supporting straps or devices.
The line within a lot defining the required
minimum distance between any structure to be erected or use to be
developed and the adjacent existing street right-of-way or exterior
lot line (when the property is not abutted by a right-of-way). Such
line shall be measured at right angles from and parallel to the front
lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 445-74B.
Unless otherwise stated, setback distances are
for both accessory and principal structures.
Private streets. For a building setback measured
from a private street, the setback shall be measured from the existing
right-of-way of such a street, if a right-of-way exists. If a private
street does not have a right-of-way, the setback shall be measured
from the edge of the cartway.
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal requirements.
Public sewer service. Service at the time of
occupancy of a use by a central sewage treatment plant that is owned
by the City or a municipal authority.
On-lot or nonpublic sewer service. Any form
of sewage service permitted under local, state and federal law that
does not meet the definition of "public sewer service."
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
live entertainment use, adult motel, adult motion-picture theater,
adult theater, escort agency, massage parlor, nude model studio or
sexual encounter center. See definitions of each term in this Article.
A hotel whose individual units may be sold as residential
units. Each residential unit may have one owner or multiple owners.
[Added 1-29-1997 by Ord. No. 148-1996]
A use involving five or more retail or personal service uses
or establishments and that primarily involves retail sales. If two
or more abutting lots each include five or more retail sales uses
and are developed under common or closely related ownership, then
those lots shall together be considered as one shopping center. A
shopping center may also include a mix of permitted office and/or
commercial recreation uses.
An area required to be kept free of visual obstruction. See § 445-74.
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. This shall not include displays that only involve symbols that are clearly and entirely religious in nature and which do not include advertising. See definitions of types of signs in §§ 445-60 and 445-68.
See § 445-68.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization or business that
is primarily offered or located at a location other than the lot upon
which the sign is located.
Review of a site plan by the Planning Commission that is required for certain uses under Article I.
A use involving the killing of animals for the production
of food or some other commercial product. A commercial stockyard or
similar facility that primarily involves the bulk storage or transferring
of animals on the way to slaughter shall also be considered a slaughterhouse.
This shall not include a custom butcher shop that does not involve
killing of animals (which is a retail sales use).
The vertical change of an area of land divided by the horizontal
change, measured in percent.
Unless otherwise stated, the appointed City of Scranton Solicitor
or his/her deputy, as authorized.
Any garbage, refuse, sewage sludge or other
discarded material, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, institutional, public,
household, commercial or mining activities.
For the purposes of this chapter, the following
materials shall not be considered to be solid waste:
Portions of trees or shrubs, leaves, mulch and
rocks;
Substances legally disposed of into the air
or water through a federal or state pollution discharge permit;
Customary residual wastes from a permitted mineral
extraction use; or
Materials of a character such as paper, plastic,
aluminum and metal that have been separated from the waste stream
for recycling.
Land or structures where solid waste is processed,
incinerated or disposed of or where coal culm waste is incinerated.
This shall only include the following facilities, each of which shall
be required to have all permits required by the state in place prior
to initiation of the use: sanitary landfill, solid waste transfer
facility or waste-to-energy facility (see separate definitions).
The following uses for the purposes of this
chapter shall not be considered to be a solid waste disposal facility:
junkyard, recycling collection center, leaf composting, clean fill
or septage or sludge application on land.
Any property where solid waste (as defined by the applicable
state rules and regulations in Title 25, Chapter 271, of the Pennsylvania
Code or the successor section) is stored or temporarily stored for
any purpose by vehicle, storage container or any other means, except
that storage containers for the solid waste generated on and located
on a specific site (such as trash cans and dumpsters) and solid waste
on the immediate property of its ultimate disposal (such as a properly
permitted sanitary landfill) shall not be considered a transfer facility
for the purpose of this chapter. This shall include, but not be limited
to, uses meeting the definition of a "solid waste transfer facility"
in Title 25 of Pennsylvania DEP regulations or the successor section.
This use shall also include but not be limited to an intransit" facility.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided that the use complies with the conditions and standards required by this chapter. See § 445-19.
The male genitals and/or the vulva and labia of the female
genitals.
Includes one or more of the following:
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
Actual or simulated sexual intercourse, oral
sex or sodomy.
Human masturbation, actual or simulated.
Excretory functions as part of or in connection
with any of the activities set forth in A through C above.
Keeping of more than two horses, which may include a commercial or private riding club. The housing of one or two horses shall be considered an accessory use under the keeping of pets provisions (see § 445-35).
The Commonwealth of Pennsylvania and its agencies.
The Pennsylvania State Municipalities Planning Code, Act
247 of 1968, as amended by Act 170 of 1988 and as may be further amended.[6]
An enclosed accessory building maintained primarily for the
convenience of the occupant(s) of the principal building on the lot
and which is not used for the housing of a motor vehicle.
A level of a building routinely accessible to humans having
an average vertical clearance six feet or greater shall be considered
a full story, except as provided for in the definition of "basement."
Any level of a building having an average vertical clearance from
floor to ceiling of less than six feet shall be considered a half-story.
A public or private thoroughfare which provides the principal
means of access to abutting lots or that is an expressway, but not
including an alley or a driveway. The terms "street," "highway" and
"road" have the same meaning and are used interchangeably.
The functional classification of streets into the following
types, as shown on the Official Street Classification Map (attached
to Ordinance No. 74-1993), for existing streets and as determined
by the City Engineer for future streets:
EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade-separated intersections.
ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties restricted.
COLLECTOR STREETDesigned to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties.
LOCAL STREETDesigned to provide access to the abutting properties and a route to collector routes.
A street which is planned in a proposed subdivision or land
development plan or approved within a subdivision or land development
plan, but not yet open to traffic.
Any man-made object having an ascertainable stationary location
on, below or in land or water, whether or not affixed to the land,
subject to the following specific standards:
The following specifically shall be considered
to be structures: buildings, signs, stadiums, platforms, communications
towers, walkways, porches or decks that are covered by a permanent
structure; swimming pools (whether above or below ground); storage
sheds, carports and garages.
Any structure shall be subject to the principal
or accessory setbacks of this chapter, as applicable, unless specifically
exempted or unless a specific setback is established for that particular
type of structure by this chapter.
As defined by the Pennsylvania Municipalities Planning Code,
as amended. (As of 1993, this definition was as follows:
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.
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 residential dwellings is not a subdivision.)
The City of Scranton Subdivision and Land Development Ordinance,
as amended.[7]
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on the date of enactment of this
chapter.
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that is intended to serve the residents of only one dwelling unit
and their occasional guests.
A man-made area with walls of man-made materials
intended to enclose water at least 30 inches deep for bathing or swimming
and that does not meet the definition of a "household swimming pool."
This includes:
See also the provisions for recreational facilities limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 445-29.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub" or an "after-hours club." The sale
of food may also occur. See also the definition of "restaurant."
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
The storage of more than 250 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
See "dwelling" types.
In certain zoning districts, the tract is the minimum amount
of adjacent land area (which may be separated by alleys, streets or
waterways) within the City that is required to be approved as part
of an overall preliminary subdivision or land development plan in
order to allow either certain types of uses or to allow the creation
of lots smaller than a certain specified lot area. An area of land
shall meet the following requirements in order to be considered a
tract:
Shall only include lands within an approved
subdivision or land development plan that includes a well-defined
internal circulation system, maximum coordination between lots and
carefully limited points of vehicular access onto streets exterior
to the tract; and
Shall only include lands that at the time of the approval of the preliminary plan have one landowner (as defined by Article II), unless the applicant proves to the satisfaction of the Zoning Officer that there is a legally binding commitment between two or more landowners to coordinate the access and development of the tract as shown in the approved preliminary plan.
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons under age 16. This shall
include a dancing school, martial arts school or ceramics school.
Includes any of the following:
The sale, lease or sublease of the business;
The transfer of securities which constitutes
a controlling interest in the business, whether by sale, exchange
or similar means; or
The establishment of a trust, gift or other
similar legal device which transfers the ownership or control of the
business, except for transfer by bequest or other operation of law
upon the death of the person possessing the ownership or control.
A use (other than a prison or a permitted accessory use in
a hospital) providing housing facilities for persons who need specialized
housing, treatment and/or counseling for stays in most cases of less
than one year and who need such facilities because of:
Criminal rehabilitation, such as a criminal
halfway house/criminal transitional living facility or a treatment/housing
center for persons convicted of driving under the influence of alcohol;
Chronic abuse of or addiction to alcohol and/or
a controlled substance; or
A type of mental illness or other behavior that
could cause a person to be a threat to the physical safety of others.
A use involving a large variety of materials, including materials
owned by numerous corporations, being transported to a site to be
unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer
trucks, and that does not involve substantial processing or repackaging
of the materials. This shall not include a use that involves the processing
or trucking of solid waste.
A use that primarily involves either loading
materials from tractor-trailers onto smaller trucks or loading materials
from smaller trucks onto tractor-trailers shall be considered a distribution
use.
A trucking company terminal may include the
following as clearly accessory uses if they are closely related to
the principal use: repair, washing, refueling and maintenance facilities
for trucks using the terminal, administrative uses for the terminal
and rest facilities for truck drivers using the terminal.
A commercial use that primarily involves providing fuel and
other services to tractor-trailer trucks. This use may also involve
providing repair services, sale of gifts and various household items,
a restaurant, showers and a motel.
A living area especially created for and limited to occupancy by a person who is related (see definition) to the permanent residents of the principal dwelling unit. Such use shall be restricted to a relative who needs such accommodations because of old age, developmental disability, illness, mental illness that does not threaten physical harm to others or physical handicap. See standards in § 445-35.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained; uses specifically include but are not limited to the
following: activity within a building, activity outside of a building,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
The granting of specific permission by the Zoning Hearing
Board to use, construct, expand or alter land or structures in such
a way that compliance is not required with a specific requirement
of this chapter. Any variance shall only be granted within the limitations
of the Pennsylvania Municipalities Planning Code.
A building routinely used for the treatment of animals and
related housing or boarding of sick animals. Treatment of small animals
includes only small domestic animals, including but not limited to
dogs, cats, birds or fowl. Treatment of large animals includes all
types of animals, including horses, cows and pigs. Housing primarily
healthy animals shall be considered a kennel and shall meet the requirements
of that use.
See "fence."
A building or group of buildings primarily used for the indoor
storage, transfer and distribution of products and materials, but
not including retail uses or a truck terminal, unless such uses are
specifically permitted in that zoning district.
A type of solid waste disposal facility that utilizes waste
(such as trash, sludge, coal, culm waste or any other nonhazardous
commercial, residential or industrial materials) as a fuel to produce
usable energy (such as steam or electricity).
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the City.
PUBLIC WATER SERVICECentral water service by a system owned by the City or a municipal authority and which serves more than 30 dwellings or principal uses.
ON-LOT OR NONPUBLIC WATER SERVICEService by a water system that does not meet the definition of a "public water service." In most cases, this would involve an individual well serving an individual lot, but may also include a common well or another duly approved system.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations
(NOTE: As of 1993, the following was the official United States Army
Corps of Engineers' definition of "wetlands": "Those areas that are
inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs and similar areas." Wetlands are technically defined on the basis
of types of vegetation and soils and the level of the water table
below the surface. As of 1992, the United States Army Corps of Engineers
and DEP enforce the wetlands regulations).
Sales that primarily involve transactions with other businesses
and their agents and not to the general public.
An area not covered by buildings and that is on the same
lot as the subject structure or use. Regulations of specific districts
prohibit principal and accessory structures within specified required
minimum yards.
A yard measured from the front lot line (which usually is
the existing street right-of-way line), which restricts the closest
portion of the subject structure or use and which extends the full
width of the lot from side lot line to side lot line.
The front yard shall be on a side that faces
towards a public street, whenever one public street abuts the lot.
When a lot abuts onto two or more public streets,
the applicant may choose which is the front yard, unless the Zoning
Officer determines that the front yard should follow the clearly predominant
front yard orientation of the development of abutting lots.
No accessory or principal structure shall extend
into the required front yard, except as provided in this chapter.
A yard extending the full-width of the lot and measured from
the entire length of the rear line, which restricts the closest portion
of the subject structure and which stretches between the side lot
lines parallel to the rear lot line. (A principal building shall not
extend into the required rear yard for a principal building, and an
accessory structure shall not extend into the required rear yard for
an accessory structure, except as provided in this chapter.)
A yard restricting the closest portion of the subject structure,
measured along the entire length of the side lot line and extending
from the front lot line to the rear lot line. A structure shall not
extend into the applicable minimum side yard, except as provided for
in this chapter.
The Official Zoning Map of the City of Scranton, Lackawanna
County, Pennsylvania.[8]
The administrative officer(s) charged with the duty of enforcing
the provisions of this chapter or his/her officially designated assistant(s).
The City of Scranton Zoning Ordinance, as amended.
[1]
Editor's Note: See 68 Pa.C.S.A. § 3101
et seq.
[2]
Editor's Note: See 35 P.S. § 6018.101.
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
[4]
Editor's Note: The Official Map is on file
in the City offices.
[6]
Editor's Note: See 53 P.S. § 10101
et seq.
[8]
Editor's Note: The Zoning Map is on file in
the City offices.
