Borough of Old Forge, PA Article III Terminology

§ 350-12 Word usage; definitions.

A. It is not intended that these definitions include only words used or referred to in this chapter. The words are included in order to facilitate the interpretation of this chapter for administrative purposes and in the carrying out of duties by appropriate officers and by the Zoning Hearing Board.

B. Word usage. Unless otherwise expressly stated, the following shall, for the purpose of this chapter, have the meanings herein indicated:

(1) Words used in the present tense shall include the future tense.

(2) The word "person" shall include a profit or nonprofit corporation, company, partnership or individual.

(3) The words "used" or "occupied," as applied to any land or building, shall include the words "intended," "constructed," "altered," "converted," "rented," "leased," "arranged" or "designed" to be used or occupied.

(4) The word "building" shall include "part thereof" and "structure."

(5) The word "lot" shall include "plot" or "parcel."

(6) The word "shall" is always mandatory.

(7) Words used in the singular number shall include the plural, and the plural the singular.

(8) The masculine gender shall include the feminine and neuter.

(9) The word "street" shall include "road," "highway" and "lane."

C. Definitions. For the purposes of this chapter, the following words, terms and phrases have the meanings herein indicated:

ABANDON

To desert, surrender, forsake or cede; to relinquish or give up with intent of never again resuming one's right or interest; to give up or cease to use; to give up absolutely; to forsake entirely; to renounce utterly; to relinquish all connection with or concern in; to desert. It includes the intention and also the external act by which it is carried into effect.

ABUT

To touch at the end; be contiguous; join at a border or boundary. The term "abutting" implies a closer proximity than the term "adjacent" (no intervening land). The word "abut" shall also include the words "directly across from."

ACCESS

A means of vehicular approach or entry to or exit from property.

ACCESSORY BUILDING

A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.

ACCESSORY USE

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building, except that off-street parking need not be located on the same lot.

ADJACENT

Lying near or close to; sometimes contiguous; neighboring. "Adjacent" implies that the two objects are not widely separated, though they may not actually touch.

ADULT ENTERTAINMENT ESTABLISHMENTS

These include adult bookstores, adult cabarets, adult drive-in theaters, adult massage businesses, adult mini motion-picture theaters, adult motion-picture theaters and adult videocassette rental and sales stores which exclude minors by virtue of age. Each is defined as follows:

(1) ADULT BOOKSTORE An establishment which has as a substantial or significant portion (10% or more) of its stock-in-trade books, magazines or other periodicals and which excludes minors by virtue of age.

(2) ADULT CABARET A cabaret which features go-go dancers, exotic dancers, strippers, male and female impersonators or similar entertainers and which excludes minors by virtue of age.

(3) ADULT DRIVE-IN THEATER An establishment showing motion-picture films to patrons, designed to permit patrons to remain in their automobiles or similar vehicles, and which excludes minors by virtue of age.

(4) ADULT MASSAGE BUSINESS An establishment where massages are administered for pay, including but not limited to massage parlors, health clubs, sauna baths and steam baths, and which excludes minors by virtue of age.

(5) ADULT MINI MOTION-PICTURE THEATER An enclosed building with a capacity for fewer than 50 persons used for showing motion-picture films to patrons and which excludes minors by virtue of age.

(6) ADULT MOTION-PICTURE THEATER An enclosed building with a capacity of 50 or more persons used for showing motion-picture films to patrons and which excludes minors by virtue of age.

(7) ADULT VIDEOCASSETTE RENTALS AND SALES STORE An establishment which has as a substantial or significant portion (10% or more) of its stock-in-trade videocassettes and other media for rent or sale and which excludes minors by virtue of age.

AGENT OF OWNER

Any person who can show written proof that he has authority to act for the property owner.

AGRICULTURE

The tilling of the soil, the raising of crops, livestock and horticulture.

ALLEY

A minor public right-of-way used primarily for secondary vehicular service access to the rear or side of properties otherwise abutting on a street.

ALTERATION

As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

ALTERATION, STRUCTURAL

Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.

AMENDMENT

A change in the regulations or district boundaries or classifications of property established by this chapter and according to procedures provided by law and exercised by the Borough Council.

ANIMAL HOSPITAL

A building used for the treatment, housing or boarding incidental to hospital use of small domestic animals such as dogs, cats, rabbits, birds or fowl and/or farm animals, such as cows and horses, by a veterinarian.

ANIMAL KENNEL

Any lot or premises on which four or more dogs or cats, or other domestic animals, at least six months of age, are kept, boarded or trained commercially, whether in special buildings or runways or not.

APPEAL

A means for obtaining review of a decision, determination, order or failure to act pursuant to the terms of this chapter, as expressly authorized by the provisions of Article XI.

AREA, BUILDING

See "building area."

AREA, LOT

See "lot area."

ATTIC

That part of a building which is immediately below, and wholly or partly within, the roof framing.

AUTOMOBILE OR TRAILER SALES AREA

An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

AUTOMOBILE SERVICE STATION OR FILLING STATION

A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicles trade at retail, and where the following services may be rendered:

(1) MINOR REPAIR

(a) Sale and servicing of spark plugs and batteries.

(b) Tire repair and servicing; no recapping.

(c) Replacement of mufflers and tailpipes, water hose, fan belts, brake and transmission fluids, light bulbs, floor mats, seat covers (where this shall not be the principal use), windshield wipers, grease retainers and wheel bearings.

(d) Radiator cleaning and flushing.

(e) Washing and polishing, not including mechanical and/or automatic car wash establishments.

(f) Installation of fuel pumps and fuel lines.

(g) Minor servicing and replacement of carburetors.

(h) Adjustment and installation of brakes.

(i) Tuning engines, except for grinding valves, cleaning carbon or removing the head of engines and/or crankcases.

(j) Greasing and lubrication.

(k) Emergency wiring repairs.

(l) Any similar minor service or repair not listed below under "major repair."

(2) MAJOR REPAIR In addition to those repairs and services listed above as a "minor repair," any general repair, rebuilding or reconditioning not listed above; collision service, including body, frame or fender straightening or repair; painting or paint shops; mechanical car wash establishments; but not including any operations which require the heating or burning of rubber.

BASEMENT

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

BOARDINGHOUSE

See "rooming house and boardinghouse."

BOARD or ZONING HEARING BOARD

The Zoning Hearing Board of Old Forge Borough.

BOROUGH

The Borough of Old Forge, Lackawanna County, Pennsylvania.

BOROUGH COUNCIL

The Borough Council of the Borough of Old Forge, Lackawanna County, Pennsylvania.

BUFFER AREA

An area of land, with plantings as specified by this chapter, and any structures which may be required between land uses to eliminate or minimize conflicts between them.

BUILDING

Any structure having a roof supported by walls and intended for shelter, housing or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.

BUILDING, ACCESSORY

See "accessory building."

BUILDING AREA

The total area taken on a horizontal plane at the main grade level or the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the building square for flat roofs, to the top of the ceiling line for mansard roofs, to the building square for gable and hip roofs and to the top story ceiling line for gambrel roofs.

BUILDING LINE

A line formed by the intersection of a horizontal plane at average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the building line.

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the lot on which it is located. In any residential district, any dwelling shall be deemed to be a principal building on the zone lot on which the same is located.

CARPORT

An open space for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts except that one or more walls may be the walls of the main building to which the carport is an accessory building or extension.

CELLAR

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

CERTIFICATE OF ZONING COMPLIANCE

The certificate (sometimes called "occupancy permit") issued by the Zoning Officer after he/she has inspected any structure, building, sign and/or land or portion thereof for which a zoning permit was issued in order to determine compliance with the terms of the permit and this chapter before the structure, building, sign and/or land or portion thereof can be lawfully used and/or occupied.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the corner so as not to interfere with traffic visibility across the corner.

CLUB

The room, building or other facilities used for the meetings of a group of people organized for a common purpose.

CLUSTER RESIDENTIAL DEVELOPMENT

A residential development in which a land area developed as a single entity according to a plan contains dwelling units of various types or of one type clustered together in one or more clusters on smaller than usual lots and having open space owned either publicly or commonly for the benefit of the residents of the development.

COMMERCIAL

Something owned, operated and supported by private individuals or a corporation, on a profit basis, for the use or benefit of the general public or for some part of the general public.

COMMERCIAL VEHICLE

Any vehicle other than a private passenger vehicle, including trucks, trailers and construction equipment.

COMMUNITY LIVING FACILITY

A living arrangement whereby unrelated individuals with diagnosed mental health or mental retardation problems reside on a permanent basis with twenty-four-hour supervision and whose primary purpose is the development and maintenance of community living skills.

COMPREHENSIVE PLAN

A comprehensive plan (overall program) consisting of maps, charts and textual matter and indicating the recommendations of the Planning Commission for the continuing development of the municipality. The Comprehensive Plan includes but is not limited to the following related basic elements: a statement of objectives; a plan for land use; a plan for the movement of people and goods; a plan for community facilities and utilities; and a map or statement indicating the relationship of the municipality and its proposed development to the adjacent municipalities and areas.

CONDITIONAL USE

Any uses in certain zones or districts where the conditions described for permitting each type of use have been enumerated in this chapter and where approval for permitting such use can only be given by the Borough Council after review and recommendation by the Borough Planning Commission and a public hearing after proper legal notice.

CONDOMINIUM

A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

[Added 12-7-1999]

CONVENIENCE STORE

Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same.

[Added 12-7-1999]

COUNTY PLANNING COMMISSION

The Lackawanna County Regional Planning Commission.

COVERAGE

That portion or percentage of the plot or lot area covered by the building area of all buildings. (See also "impervious cover.")

DECISION

Final adjudication of any board or other body granted jurisdiction under any land use ordinance or Act 247[1] to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to the Court of Common Pleas of Lackawanna County.

DECK

A platform with railings but without a roof, projecting out from the main wall of a dwelling and intended to be used as an area for seating, dining or recreation outdoors.

DENSITY

A measure of the number of dwelling units which occupy, or may occupy, an area of land.

DENSITY, GROSS

The maximum density permitted in any zoning district. It is calculated by dividing the total number of dwelling units by the total site area. This density is illustrative only; net density is controlling.

DENSITY, NET

The maximum density permitted on the buildable portion of the site. Net density is calculated by dividing the total number of dwelling units by the net buildable site area. This density controls actual site capacity. (See also "net buildable site area.")

DETERMINATION

(1) Final action by an official body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

(a) The governing body;

(b) The Zoning Hearing Board; or

(c) The planning agency, only if and to the extent that the planning agency is charged with final decision on preliminary or final plans under Chapter 305, Subdivision and Land Development, or planned residential development provisions.

(2) Determinations shall be appealable only to the boards designated as having jurisdiction for such appeal.

DEVELOPER

Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or land development. (See also "subdivider" and "land development.")

DEVELOPMENT

See "land development."

DISTRICT or ZONE

A portion of the area of the municipality, as shown on the Zoning Map,[2] containing a uniform class of uses for structures or land, and to which regulations described in the text of this chapter apply.

DWELLING

A building designed or used as the living quarters for one or more families or households, but not intended to include a tourist home, hotel or motel.

DWELLING TYPES

(1) SINGLE-FAMILY DWELLINGS A detached building, designed for and occupied exclusively by one family, containing not more than one dwelling unit and having two side yards.

(2) TWO-FAMILY DWELLINGS (DUPLEXES and FLATS) A detached structure containing two dwelling units accommodating two families whose dwelling units are attached either side by side through the use of a party wall and having one side yard adjacent to each dwelling unit (duplex) or which are attached one over the other and having two side yards for the lower dwelling.

(3) TOWNHOUSES (ROW HOUSES) Three to eight dwelling units accommodating one family per unit, which are attached side by side through the use of common party walls, which have side yards adjacent to each end unit and where each unit contains a separate and private entrance to the outside.

(4) GARDEN APARTMENT DWELLING A group of rental units, generally under single ownership (but a condominium is not precluded), where there shall not be more than eight dwelling units contained within each structure which are located one over the other and are attached by the use of common party walls. Such structures containing garden apartment units are generally less than four stories in height, although in the municipality they shall not exceed a height of 2.5 stories or 35 feet.

(5) MULTIFAMILY DWELLINGS A structure containing three or more dwelling units, including but not limited to garden apartments, condominium units or townhouses.

(6) RESIDENTIAL CONVERSION UNITS To be a conversion, any proposed alteration must be confined to the interior of an already existing structural shell. Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion.

(7) MOBILE HOMES See "mobile home."

DWELLING UNIT (HOUSING UNIT)

A building or portion thereof providing complete housekeeping facilities for one family or household.

EASEMENT

A limited right or use granted on private land for public or quasi-public purposes.

ESSENTIAL SERVICES

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, communication, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, receiving and transmission facilities, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

EXCAVATION

Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface. It shall include the conditions resulting therefrom; the difference in elevation between a point on the original ground and a designated point of higher elevation of the final grade; the material used to make fill.

FAMILY

One or more persons who live together in one dwelling unit and maintain a common housekeeping unit. A family may consist of a single person or two or more persons, whether or not related by blood, marriage or adoption. "Family" may also include domestic servants and gratuitous guests.

FLOOD, ONE-HUNDRED-YEAR

A flood that, on the average, is likely to occur once every 100 years, i.e., that has a one-percent chance of occurring each year, although the flood may occur in any year; for the purpose of this chapter, the "regulatory flood."

FLOODPLAIN

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

FLOOD, REGULATORY

The flood which has been selected to serve as the basis upon which the floodplain management provisions of the floodplain ordinances have been prepared; for the purpose of this chapter, the "one-hundred-year flood."

FLOOR AREA

For the purpose of applying the requirements for off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, as measured by the outside dimensions of the building or portion thereof.

FORESTRY PRODUCTION

The production of forest products through the cultivating, maintaining and developing of forests.

GARAGES, AUTOMOTIVE SERVICE AND MAJOR REPAIRS

A garage, other than a private garage, used for gasoline refueling and for the storage, equipping for operation, major repairing (including body work), maintaining, keeping for remuneration, hiring or selling of motor vehicles.

GARAGES, AUTOMOTIVE SERVICE AND MINOR REPAIRS

A garage, other than a private garage, used for gasoline refueling and for storage and minor repairing.

GARAGES, PRIVATE PARKING

Any accessory residential building or part of a principal residential building used for the storage of motor vehicles owned or used by the owner or tenant of the premises and having no public shop or service in connection therewith.

GARAGES, PUBLIC PARKING

A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of automobiles, not including a structure or part thereof used only for storage or display of automobiles for other than transients.

GOVERNING BODY

The Borough Council of the Borough of Old Forge.

HAZARDOUS WASTE

A gaseous, liquid or solid material or waste, or combination of these, which, because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of or otherwise managed. This definition is intended to include radioactive waste.

HEARING

An administrative proceeding conducted by a board pursuant to § 350-51.

HOME GARDENING

The cultivation of herbs, fruits, flowers or vegetables on a piece of ground adjoining the dwelling, excluding the keeping of livestock, and which are not generally cultivated with the intention of sale, either for retail or wholesale markets.

HOME NURSERIES AND GREENHOUSES

The cultivating of plants either outdoors or in glass-enclosed structures on the same lot as a dwelling and not for sale commercially. [See also "nursery (plants)."]

HOME OCCUPATION

A business, profession, occupation or trade of a service nature conducted for gain or support and located entirely within a residential building, or a structure accessory thereto, which use is accessory, incidental and secondary to the use of the building for dwelling purposes and does not change the essential residential character or appearance of such building.

HOTEL

See "motel or hotel."

IMPERVIOUS COVER

Those ground areas covered by surfaces which do not absorb water are impervious. They consist of all buildings, paved parking areas, driveways and roads, sidewalks and any areas of concrete or asphalt.

INDUSTRIAL PARK

An industrial area organized and laid out in accordance with an overall plan for a community or industries, including the servicing of these industries, and designed to ensure compatibility between the industrial operations in the park and the surrounding area through such devices as landscaping, architectural control, setbacks, performance standards and use requirements.

JUNK

Includes scrap iron, scrap linen, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys and bones, wastepaper, rags, used cloth, used rubber, used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, used fires and other manufactured goods, any of which are so worn, deteriorated or obsolete as to make them unusable in their existing condition, but are subject to being dismantled or processed for reclamation, salvage or recycling. This definition is to be construed as including two or more abandoned or unlicensed vehicles, or the major part thereof.

JUNKYARD

Consists of buildings, structures or premises where junk, waste, discarded or salvage materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking and structural steel materials and equipment yards, but not including the purchase or storage of used furniture and household equipment or used cars in operable condition.

LAND DEVELOPMENT

Any of the following activities:

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(a) 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

(b) 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.

(2) A subdivision of land.

(3) Development, excluding the following:

(a) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;

(b) The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or

(c) The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.

LANDFILL

A land area used for the dumping of garbage and refuse, the operation of which is licensed by the Pennsylvania Department of Environmental Protection. A landfill shall also consist of machinery and appurtenant buildings used in the landfill process.

LANDOWNER

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

LAND USE ORDINANCE

Any ordinance or map adopted pursuant to the authority granted in Articles IV, V, VI and VII of the Pennsylvania Municipalities Planning Code (Act 247 of 1968), as amended.[3]

LARGE-SCALE DEVELOPMENT

(1) Residential. A large-scale residential development shall be planned for a site of not less than five acres.

(2) Commercial. A large-scale commercial development shall be planned for a site of not less than three acres.

(3) Manufacturing. A large-scale manufacturing development shall be planned for a site of not less than five acres.

LIMITED ACCESS HIGHWAY

A highway designed in such a manner so as to provide no direct access to properties abutting its right-of-way and including all highways designated as limited access highways by the Planning Commission.

LIVESTOCK

Farm animals such as cattle, horses, sheep, hogs or goats.

LOADING SPACE

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

LODGE

The meeting hall of a social or fraternal organization.

LOT

Land occupied or to be occupied by a building and its accessory buildings or by a building group and its accessory buildings, together with such open spaces as are required under the provisions of this chapter, having not less than the minimum area and width required by this chapter for a lot in the district in which such land is situated, and having its principal frontage on a public street or public right-of-way or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning permit for a building on such land.

LOT AREA

The total area within the lot lines, excluding any area within a street right-of-way, but including the area of any easement.

LOT, CORNER

A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the corner.

LOT DEPTH

The mean horizontal distance between the front and rear lot line. Measurement shall be from the street or highway right-of-way line to the opposite or rear line.

LOT, DOUBLE-FRONT

A through lot which abuts two streets, one in the front and the other directly opposite or the rear. In the case of new development, double-front lots are prohibited, except in the case of reverse-front lots.

LOT FRONTAGE

That side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side of a corner lot.

LOT, INTERIOR

A lot other than a corner lot.

LOT LINES

The property lines bounding the lot.

(1) LOT LINE, FRONT The ultimate right-of-way line of the street or road.

(2) LOT LINE, REAR The lot line opposite and most distant from the front lot line.

(3) LOT LINE, SIDE Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.

(4) LOT LINE, STREET OR ALLEY A lot line separating the lot from a street or alley.

LOT OF RECORD

Any lot which, individually or as part of a subdivision, has been recorded in the office of the County Recorder of Deeds.

LOT, REVERSE-FRONT

A through lot which abuts two streets, one in the front and the other directly opposite, to which access is permanently restricted from the lot to one of the streets through various means, including buffer or planting strips.

LOT WIDTH

The distance between the straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard; provided, however, that width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than 80% of the required lot width, except in the case of lots on the turning circle of culs-de-sac, where the eighty-percent requirement shall not apply.

MEDIATION

A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

MOBILE HOME

A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operation, and constructed so that it may be used without a permanent foundation. The unit shall be considered as real property if it is placed on a permanent foundation.

MOBILE HOME LOT

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

MOBILE HOME PARK

A parcel or contiguous parcels of land under single ownership which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes for nontransient use.

MODEL HOME or MODEL APARTMENT

A dwelling unit used initially for display purposes which typifies the type of unit that will be constructed in a subdivision or development.

MOTEL or HOTEL

A building or group of buildings designed for occupancy as the temporary residence of more than 10 persons for compensation, who are lodged with or without meals, and in which no provision is made for cooking in individual rooms or suites.

MUNICIPALITY

The Borough of Old Forge, Lackawanna County, Pennsylvania.

NET BUILDABLE SITE AREA

The area of a site remaining after area used for streets, easements, floodplains, swamps, steep slopes, recreation land or required open space is deducted from the total area.

NET DEVELOPED AREA

Total acreage, excluding any area within a public right-of-way.

NET LAND AREA

The net land area of any development parcel shall include only the area contained within the property line and the ultimate right-of-way line. The area within the right-of-way (public right-of-way or other thoroughfare) shall not be computed as part of the net land area.

NIGHTCLUB

An establishment that stays open late at night and provides food, drink and entertainment.

NO-IMPACT HOME-BASED BUSINESS

A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:[4]

(1) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(2) The business shall employ no employees other than family members residing in the dwelling.

(3) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(4) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(5) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(6) The business activity may not generate any solid waste or sewage discharge in volume or type which is not normally associated with residential use in the neighborhood.

(7) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(8) The business may not involve any illegal activity.

NONCONFORMING LOT

Any zone lot in single ownership which was lawful prior to the adoption or amendment of this chapter, which does not conform with the minimum area and/or dimensions required in the district where such lot is situated or for any special use, as the case may be, by reasons of such adoption or amendment, and where the owner of said lot does not own any adjoining property, the subdivision or development of which, in conjunction with the nonconforming lot, could create one or more conforming lots.

NONCONFORMING STRUCTURE

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

NONCONFORMING USE

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendments heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation. No principal permitted use or special use shall be considered nonconforming if the yards, height, area, coverage dimensions, signs or off-street parking do not conform with the regulations of the district in which it is located.

NONPROFIT

Something owned, operated and supported by private individuals or a corporation, without seeking profit, for the use or benefit of the general public or for some part of the general public.

NURSERIES AND DAY-CARE CENTERS FOR CHILDREN

Any location licensed by the Commonwealth of Pennsylvania or for which such permit is required (other than their home residence) at which more than four children are kept and cared for while their parents are working. The children are generally of preschool age.

NURSERY (PLANTS)

An enterprise which conducts the retail and wholesale sale of plants grown on the site, as well as accessory items such as clay pots, potting soil, fertilizers, etc., directly related to their care and maintenance.

NURSING OR CONVALESCENT HOME

Any premises providing sleeping rooms where patients are lodged and furnished with meals and nursing care.

OUTDOOR ADVERTISEMENT

An outdoor sign or billboard, including painted walls or rock faces, for a product or service unrelated to the use of the land or structure on which it is located, but not including official notices or directional road signs of a governmental body.

PARCEL

See "lot."

PARKING AREA, PRIVATE

An open area for the same uses as a private garage and regulated as a private garage.

PARKING AREA, PUBLIC

An open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers.

PARKING LOT

An open lot where passenger vehicles may be stored for short-term, daily or overnight off-street parking.

PARKING SPACE, OFF-STREET

A reasonably level space, available for parking one motor vehicle, and having dimensions of 10 feet in width and 20 feet in depth, or 200 square feet, exclusive of passageways, driveways or other means of circulation or access.

PATIO

A courtyard with or without railings and without a roof or awning, adjacent to or near a dwelling but not a part of the dwelling structure, and intended to be used as an area for seating, dining or recreation outdoors.

PAVILION

A tent or tent-like covering of an open-sided structure with a roof, located in a yard, but not attached to a dwelling, and intended to be used as an area for seating, dining or recreation outdoors.

PERMANENT FOUNDATION

A support for a building or structure consisting of either poured concrete, concrete blocks, cinder blocks, brick, pressurized wood or stone to form a horizontal pad or vertical wall on which the building or structure is placed and is intended to remain indefinitely. In the case of mobile homes, permanent placement on such a foundation is intended to first require the removal of the wheels and chassis from the mobile home.

PERSONAL CARE CENTER

A premises in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who do not require the services in or of a long-term care facility but who do require assistance or supervision in such matters as dressing, bathing, diet, financial management, evacuation of the resident in the case of an emergency or medication prescribed for self-administration.

PLACE OF RELIGIOUS WORSHIP

A building used for religious services, including churches, synagogues, mosques and similar edifices.

PLANNING COMMISSION

The Planning Commission of the Borough of Old Forge, Lackawanna County, Pennsylvania.

PORCH

A platform in excess of four feet by five feet or 20 square feet in area, with or without railings, but with a roof projecting out from the main wall of the dwelling and intended to be used as an entrance to the dwelling or as an area for seating, dining or recreation outdoors.

POULTRY

Domestic fowls, such as chickens, turkeys, ducks or geese, raised for flesh or eggs.

PRINCIPAL BUILDING

See "building, principal."

PRINCIPAL USE

See "use, principal."

PRIVATE

Something owned, operated and supported by private individuals or a corporation, rather than by government, and not available for public use.

PROFESSIONAL OFFICE

The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential occupancy, shall be conducted by a member of the residential family entirely within a residential building and shall include only the offices of doctors or physicians, dentists, optometrists, ministers, architects, landscape architects, professional engineers, urban planners, lawyers, artists, authors, musicians and such other similar professional occupations which may be so designated by the Zoning Hearing Board upon finding by the Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

PUBLIC

Something owned, operated and supported by the community or the people for the use or benefit of the general public.

PUBLIC HEARING

A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this chapter.

PUBLIC MEETING

A forum held pursuant to notice under the Act of October 15, 1998, P.L. 729, No. 93 (65 Pa.C.S.A. § 701 et seq.), known as the "Sunshine Act."[5]

PUBLIC NOTICE

Notice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less that seven days from the date of the hearing.

PUBLIC UTILITIES

See "essential services."

RECREATION

(1) RECREATION, COMMERCIAL Recreation facilities operated as a business and open to the general public for a fee.

(2) RECREATION, PRIVATE/NONCOMMERCIAL Clubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such organization and their guests.

(3) RECREATION, PUBLIC Recreation facilities operated as a nonprofit enterprise by the municipality and other governmental entities or any nonprofit organization and open to the general public.

REPORT

Any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed recommendatory and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceeding upon request, and copies thereof shall be provided at cost of reproduction.

RESIDENTIAL CONVERSION UNIT

See "dwelling type."

RESIDENTIAL STREET

A street, between two intersecting streets, upon which an R District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.

ROOMING HOUSES and BOARDINGHOUSES

Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire, with or without meals, in the home of the resident owner. A rooming house or furnished room house shall be deemed a boardinghouse.

SANITARY SEWAGE DISPOSAL SYSTEM, COMMUNITY

A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central area for treatment and disposal. Said location may be a treatment plant with discharge to waters of the commonwealth, subsurface disposal after treatment by other means or other methods approved by the Pennsylvania Department of Environmental Protection, the total system being publicly or privately owned.

SANITARY SEWAGE DISPOSAL SYSTEM, ON-LOT

A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of the commonwealth or by means of conveyance to another site for final disposal.

SCREEN PLANTING

A vegetative material of sufficient height and density to conceal from the view of property owners in adjoining zones the structures and uses on the premises on which the screen planting is located.

SEASONAL DWELLING

A seasonal dwelling shall be any dwelling not designed for year-round use by virtue of the absence of central heating and similar facilities.

SEMIPUBLIC

Something owned, operated and supported by private individuals or a corporation, on a nonprofit basis, for the use or benefit of the general public or for some part of the general public.

SETBACK LINE

A line established by Chapter 305, Subdivision and Land Development, and/or this chapter, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided in said codes.

SHOPPING CENTER

A group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking provided on the property as an integral part of the unit.

SIGN

A name, identification, description, display or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a sign shall not include any display of official court or public office notices or any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or any civic, charitable, religious, fraternal or similar organization or a religious group. A sign shall not include a sign located completely within an enclosed building, except for illuminated or animated signs within show windows. Each display surface of a sign shall be considered to be a sign. (See also "outdoor advertisement.")

SIGN AREA

The area defined by a frame or edge of a sign. Where there is no frame or edge to the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the said sign.

SIGN, BUSINESS

A sign which directs attention to a business or profession conducted or to a commodity, service or entertainment sold or offered upon the premises where such sign is located or to which it is affixed.

SIGN, DIRECTIONAL

A sign which is for directing patrons or attendants to an establishment off the main traveled highway or to service clubs, churches or other nonprofit organizations.

SIGN, FLASHING

Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter, any revolving, illuminated sign shall be considered a flashing sign.

SIGN, FREESTANDING

A sign supported by uprights or braces placed upon the ground and not attached to a building.

SIGN, GROSS SURFACE AREA OF

The entire area within a single continuous perimeter enclosing the extreme limits of such and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.

SIGN, PROJECTING

A sign which is attached to a building or other structure and extends beyond the line of a building or structure or beyond the surface of that portion of the building or structure to which it is attached.

SITE PLAN

A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Zoning Hearing Board or other agency of the municipality.

SOCIAL HALL

A room or building used for friendly or convivial gatherings.

SOLID WASTE FACILITY(IES)

Include the following operations as defined by the Pennsylvania Department of Environmental Protection: landfills, transfer facility, refuse vehicle staging area, composting facility, resource recovery facility and recycling facility. Solid waste facilities shall also include solid waste storage areas and vehicular waste transportation staging areas (defined as areas designated for the use or staging of any type of vehicle or container utilized for the transportation of solid waste).

SPECIAL EXCEPTION

Any uses considered to have special requirements in certain zones or districts where the conditions described for permitting each such use have been enumerated in this chapter and where permission for such use can only be given by the Zoning Hearing Board, who may require certain conditions and safeguards before such a use is permitted.

STORY

That part of a building between the surface of any floor and the next floor above it, or, in its absence, then the finished ceiling or roof above it. A split-level is six feet or more above the level of the line of the finished floor next below it. Any floor under a sloping roof at the top of a building which is more than four feet below the top plate shall be counted as a story, and, if less than four feet below the top plate, it shall be counted as a half story. A basement shall be counted as a story if it averages more than five feet above grade.

STORY, FIRST

The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.

STREET

Includes street, avenue, boulevard, road, highway, expressway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians, whether public or private. This strip of land includes the entire right-of-way, not just the cartway, and is classified as follows:

(1) ARTERIAL ROAD A road whose function is to provide for the movement of high volumes of through traffic (in excess of 1,000 AADT) as well as both limited access and direct access to the abutting properties, subject to necessary control of entrances, exits and curb use. The right-of-way is in excess of 60 feet wide.

(2) COLLECTOR STREET A road or street which provides for the movement of large volumes of traffic between arterials and local streets (between 500 and 1,000 AADT) as well as direct access to abutting property. The right-of-way is usually between 50 feet and 60 feet wide.

(3) LOCAL ACCESS STREET A street or road whose function is to provide for local traffic movement (below 500 AADT) and direct access to abutting properties. The right-of-way is usually 50 feet or less in width.

STREET RIGHT-OF-WAY LINE

The line dividing a lot from the full street right-of-way, not just the cartway. The word "street" shall be defined as above.

STRUCTURAL ALTERATION

See "alteration, structural."

STRUCTURE

Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land, and includes, among other things, buildings, stadiums, platforms, radio towers, sheds, carports, storage bins, walls, fences, billboards and display signs.

STRUCTURE, ACCESSORY

See "accessory building."

SUBDIVIDER

See "developer."

SUBDIVISION

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. (See also "land development.")

SWIMMING POOL

(1) PRIVATE Any private swimming pool permanently attached to or temporarily erected on or in the ground, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 1 1/2 feet. Farm ponds, lakes, streams and rivers are not included, provided that swimming is not the primary purpose for their construction or use. (See also "private.")

(2) COMMUNITY OR CLUB (PUBLIC OR SEMIPUBLIC) Any public or semipublic swimming pool shall be construed to mean any outdoor pool constructed by a unit of government for use by residents of the municipality or region and their guests or by an association of property owners or by a private club solely for the use and enjoyment of members of the association or club and their families and guests. (See also "public and semipublic.")

TEMPORARY USES

See "use, temporary."

TERRACE

A raised level or platform of earth, supported on one or more faces by a wall, a bank of turf or the like, or a series of such raised levels or platforms arranged one above the other on a slope.

TOURIST HOME

A private house operated by the resident owner for the commercial purpose of providing bedrooms and breakfast to paying guests who are short-term (not longer than one week) visitors in the community (also known as "bed-and-breakfast").

TOWER

A structure situated on a nonresidential site or lot which is intended for transmitting or receiving television, radio, or telephone communications.

[Added 12-7-1999]

TOWNHOUSE

Any attached residential building containing not less than three single-family dwelling units, but not more than six single-family dwelling units, having separate front and rear access to the outside, with no dwelling unit located above any other. Each attached dwelling unit is separated from one another by property lines and with open space on at least two sides.

[Added 12-7-1999]

TRAILER

(1) PICKUP COACH A structure designed primarily to be mounted on a pickup truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation use.

(2) MOTOR HOME A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

(3) TRAILER OR MOBILE HOME See "mobile home."

(4) TRAVEL TRAILER A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation use, permanently identified "travel trailer" by the manufacturer on the trailer and, when factory-equipped for the road, having a body width not exceeding eight feet, or being of any weight, provided that its body length does not exceed 34 feet.

(5) UTILITY TRAILER Any smaller trailer usually drawn by a passenger automobile and used for the occasional transport of personal effects.

TRUCKING FACILITY

A structure, building and/or land consisting of a storage area, management, and a dispatch office and loading and unloading facilities connected with receipt or delivery of freight shipped by truck.

[Added 12-7-1999]

USE

The specific purpose for which land or a structure or building is designed, arranged or intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

USE, ACCESSORY

See "accessory use."

USE, PRINCIPAL

The main use on a lot.

USE, TEMPORARY

The use of land or the structure or building located on a lot for a limited time as regulated by this chapter.

VARIANCE

The permission granted by the Zoning Hearing Board, following a public hearing that has been properly advertised as required by the provisions of this chapter, for an adjustment to the application to a specific piece of property of some regulation which, if strictly adhered to, would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest and would maintain the spirit and original intent of this chapter.

WAREHOUSE

A building used primarily for storage of goods and materials.

[Added 12-7-1999]

WAREHOUSE AND DISTRIBUTION

A use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment, excluding the bulk storage of materials that are inflammable, explosive, hazardous or commonly recognized as offensive.

[Added 12-7-1999]

WATER SUPPLY AND DISTRIBUTION SYSTEM, COMMUNITY

A system for supplying and distributing water from a common source to two or more dwellings and other buildings within a subdivision, neighborhood or whole community, the total system being publicly or privately owned.

WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOT

A system for supplying and distributing water to a single dwelling or other building from a source located on the same lot.

YARD

An unoccupied space open to the sky, on the same lot with a building or structure, but not intended to mean "court."

YARD, FRONT

An open, unoccupied space, unobstructed from the ground upward except as herein permitted, on the same lot with a main building, extending the full width of the building projected to the sidelines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line or, in the case of waterfront lots, between the front line of the building and the street right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

YARD, REAR

An open, unoccupied space, unobstructed from the ground upward except as herein permitted, on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the sidelines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building.

YARD, SIDE

An open, unoccupied space, unobstructed from the ground upward except as herein permitted, on the same lot with the building, situated between the building and the sideline of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a sideline.

ZONING

The designation of specified districts or zones within the municipality, reserving them for certain classes of uses, together with limitations on lot area and size, heights of structures, and other stipulated requirements.

ZONING CHAPTER

The Zoning Ordinance of the Borough of Old Forge, Lackawanna County, Pennsylvania, as amended.

ZONING HEARING BOARD

See "Board or Zoning Hearing Board.")

ZONING MAP

The officially adopted Zoning Map of the Borough of Old Forge, Lackawanna County, Pennsylvania, containing zoning districts, together with all amendments subsequently adopted.[6]

ZONING OFFICER

The Zoning Officer or his authorized representative appointed by the Old Forge Borough Council.

ZONING PERMIT

The written authorization issued by the Zoning Officer for the use of land or buildings or other structures.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

[2] Editor's Note: The Zoning Map is on file in the Borough offices.

[3] Editor's Note: See 53 P.S. § 10101 et seq.

[4] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

[6] Editor's Note: The Zoning Map is on file in the Borough offices.