A.Â
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.Â
Word usage. Unless otherwise expressly stated, the
following shall, for the purpose of this chapter, have the meanings
herein indicated:
(1)Â
Words used in the present tense shall include the
future tense.
(2)Â
The word "person" shall include a profit or nonprofit
corporation, company, partnership or individual.
(3)Â
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)Â
The word "building" shall include "part thereof" and
"structure."
(5)Â
The word "lot" shall include "plot" or "parcel."
(6)Â
The word "shall" is always mandatory.
(7)Â
Words used in the singular number shall include the
plural, and the plural the singular.
(8)Â
The masculine gender shall include the feminine and
neuter.
(9)Â
The word "street" shall include "road," "highway"
and "lane."
C.Â
ABANDON
ABUT
ACCESS
ACCESSORY BUILDING
ACCESSORY USE
ADJACENT
ADULT ENTERTAINMENT ESTABLISHMENTS
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
AGENT OF OWNER
AGRICULTURE
ALLEY
ALTERATION
ALTERATION, STRUCTURAL
AMENDMENT
ANIMAL HOSPITAL
ANIMAL KENNEL
APPEAL
AREA, BUILDING
AREA, LOT
ATTIC
AUTOMOBILE OR TRAILER SALES AREA
AUTOMOBILE SERVICE STATION OR FILLING STATION
(1)Â
(a)Â
(b)Â
(c)Â
(d)Â
(e)Â
(f)Â
(g)Â
(h)Â
(i)Â
(j)Â
(k)Â
(l)Â
(2)Â
BASEMENT
BOARDINGHOUSE
BOARD or ZONING HEARING BOARD
BOROUGH
BOROUGH COUNCIL
BUFFER AREA
BUILDING
BUILDING, ACCESSORY
BUILDING AREA
BUILDING HEIGHT
BUILDING LINE
BUILDING, PRINCIPAL
CARPORT
CELLAR
CERTIFICATE OF ZONING COMPLIANCE
CLEAR SIGHT TRIANGLE
CLUB
CLUSTER RESIDENTIAL DEVELOPMENT
COMMERCIAL
COMMERCIAL VEHICLE
COMMUNITY LIVING FACILITY
COMPREHENSIVE PLAN
CONDITIONAL USE
CONDOMINIUM
CONVENIENCE STORE
COUNTY PLANNING COMMISSION
COVERAGE
DECISION
DECK
DENSITY
DENSITY, GROSS
DENSITY, NET
DETERMINATION
DEVELOPER
DEVELOPMENT
DISTRICT or ZONE
DWELLING
DWELLING TYPES
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
DWELLING UNIT (HOUSING UNIT)
EASEMENT
ESSENTIAL SERVICES
EXCAVATION
FAMILY
FLOOD, ONE-HUNDRED-YEAR
FLOODPLAIN
FLOOD, REGULATORY
FLOOR AREA
FORESTRY PRODUCTION
GARAGES, AUTOMOTIVE SERVICE AND MAJOR REPAIRS
GARAGES, AUTOMOTIVE SERVICE AND MINOR REPAIRS
GARAGES, PRIVATE PARKING
GARAGES, PUBLIC PARKING
GOVERNING BODY
HAZARDOUS WASTE
HEARING
HOME GARDENING
HOME NURSERIES AND GREENHOUSES
HOME OCCUPATION
HOTEL
IMPERVIOUS COVER
INDUSTRIAL PARK
JUNK
JUNKYARD
LAND DEVELOPMENT
(1)Â
(a)Â
(b)Â
(2)Â
(3)Â
(a)Â
(b)Â
(c)Â
LANDFILL
LANDOWNER
LAND USE ORDINANCE
LARGE-SCALE DEVELOPMENT
(1)Â
(2)Â
(3)Â
LIMITED ACCESS HIGHWAY
LIVESTOCK
LOADING SPACE
LODGE
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT, DOUBLE-FRONT
LOT FRONTAGE
LOT, INTERIOR
LOT LINES
(1)Â
(2)Â
(3)Â
(4)Â
LOT OF RECORD
LOT, REVERSE-FRONT
LOT WIDTH
MEDIATION
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MODEL HOME or MODEL APARTMENT
MOTEL or HOTEL
MUNICIPALITY
NET BUILDABLE SITE AREA
NET DEVELOPED AREA
NET LAND AREA
NIGHTCLUB
NO-IMPACT HOME-BASED BUSINESS
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
(8)Â
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NONPROFIT
NURSERIES AND DAY-CARE CENTERS FOR CHILDREN
NURSERY (PLANTS)
NURSING OR CONVALESCENT HOME
OUTDOOR ADVERTISEMENT
PARCEL
PARKING AREA, PRIVATE
PARKING AREA, PUBLIC
PARKING LOT
PARKING SPACE, OFF-STREET
PATIO
PAVILION
PERMANENT FOUNDATION
PERSONAL CARE CENTER
PLACE OF RELIGIOUS WORSHIP
PLANNING COMMISSION
PORCH
POULTRY
PRINCIPAL BUILDING
PRINCIPAL USE
PRIVATE
PROFESSIONAL OFFICE
PUBLIC
PUBLIC HEARING
PUBLIC MEETING
PUBLIC NOTICE
PUBLIC UTILITIES
RECREATION
(1)Â
(2)Â
(3)Â
REPORT
RESIDENTIAL CONVERSION UNIT
RESIDENTIAL STREET
ROOMING HOUSES and BOARDINGHOUSES
SANITARY SEWAGE DISPOSAL SYSTEM, COMMUNITY
SANITARY SEWAGE DISPOSAL SYSTEM, ON-LOT
SCREEN PLANTING
SEASONAL DWELLING
SEMIPUBLIC
SETBACK LINE
SHOPPING CENTER
SIGN
SIGN AREA
SIGN, BUSINESS
SIGN, DIRECTIONAL
SIGN, FLASHING
SIGN, FREESTANDING
SIGN, GROSS SURFACE AREA OF
SIGN, PROJECTING
SITE PLAN
SOCIAL HALL
SOLID WASTE FACILITY(IES)
SPECIAL EXCEPTION
STORY
STORY, FIRST
STREET
(1)Â
(2)Â
(3)Â
STREET RIGHT-OF-WAY LINE
STRUCTURAL ALTERATION
STRUCTURE
STRUCTURE, ACCESSORY
SUBDIVIDER
SUBDIVISION
SWIMMING POOL
(1)Â
(2)Â
TEMPORARY USES
TERRACE
TOURIST HOME
TOWER
TOWNHOUSE
TRAILER
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
TRUCKING FACILITY
USE
USE, ACCESSORY
USE, PRINCIPAL
USE, TEMPORARY
VARIANCE
WAREHOUSE
WAREHOUSE AND DISTRIBUTION
WATER SUPPLY AND DISTRIBUTION SYSTEM, COMMUNITY
WATER SUPPLY AND DISTRIBUTION SYSTEM, ON-LOT
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING
ZONING CHAPTER
ZONING HEARING BOARD
ZONING MAP
ZONING OFFICER
ZONING PERMIT
Definitions. For the purposes of this chapter, the
following words, terms and phrases have the meanings herein indicated:
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.
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."
A means of vehicular approach or entry to or exit from property.
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.
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.
Lying near or close to; sometimes contiguous; neighboring.
"Adjacent" implies that the two objects are not widely separated,
though they may not actually touch.
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:
ADULT BOOKSTOREAn 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.
ADULT CABARETA cabaret which features go-go dancers, exotic dancers, strippers, male and female impersonators or similar entertainers and which excludes minors by virtue of age.
ADULT DRIVE-IN THEATERAn 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.
ADULT MASSAGE BUSINESSAn 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.
ADULT MINI MOTION-PICTURE THEATERAn 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.
ADULT MOTION-PICTURE THEATERAn 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.
ADULT VIDEOCASSETTE RENTALS AND SALES STOREAn 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.
Any person who can show written proof that he has authority
to act for the property owner.
The tilling of the soil, the raising of crops, livestock
and horticulture.
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.
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.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders.
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.
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.
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.
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.
See "building area."
See "lot area."
That part of a building which is immediately below, and wholly
or partly within, the roof framing.
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.
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:
Sale and servicing of spark plugs and batteries.
Tire repair and servicing; no recapping.
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.
Radiator cleaning and flushing.
Washing and polishing, not including mechanical
and/or automatic car wash establishments.
Installation of fuel pumps and fuel lines.
Minor servicing and replacement of carburetors.
Adjustment and installation of brakes.
Tuning engines, except for grinding valves,
cleaning carbon or removing the head of engines and/or crankcases.
Greasing and lubrication.
Emergency wiring repairs.
Any similar minor service or repair not listed
below under "major repair."
MAJOR REPAIRIn 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.
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.")
See "rooming house and boardinghouse."
The Zoning Hearing Board of Old Forge Borough.
The Borough of Old Forge, Lackawanna County, Pennsylvania.
The Borough Council of the Borough of Old Forge, Lackawanna
County, Pennsylvania.
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.
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.
See "accessory building."
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.
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.
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.
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.
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.
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.
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.
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.
The room, building or other facilities used for the meetings
of a group of people organized for a common purpose.
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.
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.
Any vehicle other than a private passenger vehicle, including
trucks, trailers and construction equipment.
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.
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.
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.
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]
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same.
[Added 12-7-1999]
The Lackawanna County Regional Planning Commission.
That portion or percentage of the plot or lot area covered
by the building area of all buildings. (See also "impervious cover.")
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.
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.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
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.
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.")
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.")
See "land development."
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.
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.
SINGLE-FAMILY DWELLINGSA detached building, designed for and occupied exclusively by one family, containing not more than one dwelling unit and having two side yards.
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.
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.
GARDEN APARTMENT DWELLINGA 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.
MULTIFAMILY DWELLINGSA structure containing three or more dwelling units, including but not limited to garden apartments, condominium units or townhouses.
RESIDENTIAL CONVERSION UNITSTo 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.
MOBILE HOMESSee "mobile home."
A building or portion thereof providing complete housekeeping
facilities for one family or household.
A limited right or use granted on private land for public
or quasi-public purposes.
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.
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.
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.
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."
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.
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."
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.
The production of forest products through the cultivating,
maintaining and developing of forests.
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.
A garage, other than a private garage, used for gasoline
refueling and for storage and minor repairing.
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.
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.
The Borough Council of the Borough of Old Forge.
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.
An administrative proceeding conducted by a board pursuant to § 350-51.
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.
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)."]
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.
See "motel or hotel."
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.
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.
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.
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.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
The division or allocation of land or space,
whether initially or cumulatively, between or among two or more existing
or prospective occupants by means of or for the purpose of streets,
common areas, leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development, excluding the following:
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;
The addition of an accessory building, including
farm buildings, on a lot or lots subordinate to an existing principal
building; or
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.
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.
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.
Residential. A large-scale residential development
shall be planned for a site of not less than five acres.
Commercial. A large-scale commercial development
shall be planned for a site of not less than three acres.
Manufacturing. A large-scale manufacturing development
shall be planned for a site of not less than five acres.
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.
Farm animals such as cattle, horses, sheep, hogs or goats.
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.
The meeting hall of a social or fraternal organization.
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.
The total area within the lot lines, excluding any area within
a street right-of-way, but including the area of any easement.
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.
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.
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.
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.
A lot other than a corner lot.
The property lines bounding the lot.
LOT LINE, FRONTThe ultimate right-of-way line of the street or road.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line.
LOT LINE, STREET OR ALLEYA lot line separating the lot from a street or alley.
Any lot which, individually or as part of a subdivision,
has been recorded in the office of the County Recorder of Deeds.
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.
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.
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.
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.
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.
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.
A dwelling unit used initially for display purposes which
typifies the type of unit that will be constructed in a subdivision
or development.
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.
The Borough of Old Forge, Lackawanna County, Pennsylvania.
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.
Total acreage, excluding any area within a public right-of-way.
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.
An establishment that stays open late at night and provides
food, drink and entertainment.
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]
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no employees other than family members
residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs or lights.
The business activity may not use any equipment or process which
creates noise, vibration, glare, fumes, odors or electrical or electronic
interference, including interference with radio or television reception,
which is detectable in the neighborhood.
The business activity may not generate any solid waste or sewage
discharge in volume or type which is not normally associated with
residential use in the neighborhood.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity.
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.
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.
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.
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.
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.
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.
Any premises providing sleeping rooms where patients are
lodged and furnished with meals and nursing care.
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.
See "lot."
An open area for the same uses as a private garage and regulated
as a private garage.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public, whether
for a fee, free or as an accommodation for clients or customers.
An open lot where passenger vehicles may be stored for short-term,
daily or overnight off-street parking.
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.
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.
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.
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.
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.
A building used for religious services, including churches,
synagogues, mosques and similar edifices.
The Planning Commission of the Borough of Old Forge, Lackawanna
County, Pennsylvania.
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.
Domestic fowls, such as chickens, turkeys, ducks or geese,
raised for flesh or eggs.
See "building, principal."
See "use, principal."
Something owned, operated and supported by private individuals
or a corporation, rather than by government, and not available for
public use.
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.
Something owned, operated and supported by the community
or the people for the use or benefit of the general public.
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.
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]
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.
See "essential services."
RECREATION, COMMERCIALRecreation facilities operated as a business and open to the general public for a fee.
RECREATION, PRIVATE/NONCOMMERCIALClubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such organization and their guests.
RECREATION, PUBLICRecreation facilities operated as a nonprofit enterprise by the municipality and other governmental entities or any nonprofit organization and open to the general public.
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.
See "dwelling type."
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.
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.
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.
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.
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.
A seasonal dwelling shall be any dwelling not designed for
year-round use by virtue of the absence of central heating and similar
facilities.
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.
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.
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.
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.")
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.
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.
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.
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.
A sign supported by uprights or braces placed upon the ground
and not attached to a building.
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.
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.
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.
A room or building used for friendly or convivial gatherings.
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).
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.
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.
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.
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:
ARTERIAL ROADA 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.
COLLECTOR STREETA 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.
LOCAL ACCESS STREETA 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.
The line dividing a lot from the full street right-of-way,
not just the cartway. The word "street" shall be defined as above.
See "alteration, structural."
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.
See "accessory building."
See "developer."
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.")
PRIVATEAny 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 1Â 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.")
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.")
See "use, temporary."
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.
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").
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]
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]
PICKUP COACHA 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.
MOTOR HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TRAILER OR MOBILE HOMESee "mobile home."
TRAVEL TRAILERA 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.
UTILITY TRAILERAny smaller trailer usually drawn by a passenger automobile and used for the occasional transport of personal effects.
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]
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.
See "accessory use."
The main use on a lot.
The use of land or the structure or building located on a
lot for a limited time as regulated by this chapter.
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.
A building used primarily for storage of goods and materials.
[Added 12-7-1999]
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]
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.
A system for supplying and distributing water to a single
dwelling or other building from a source located on the same lot.
An unoccupied space open to the sky, on the same lot with
a building or structure, but not intended to mean "court."
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.
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.
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.
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.
The Zoning Ordinance of the Borough of Old Forge, Lackawanna
County, Pennsylvania, as amended.
See "Board or Zoning Hearing Board.")
The officially adopted Zoning Map of the Borough of Old Forge,
Lackawanna County, Pennsylvania, containing zoning districts, together
with all amendments subsequently adopted.[6]
The Zoning Officer or his authorized representative appointed
by the Old Forge Borough Council.
The written authorization issued by the Zoning Officer for
the use of land or buildings or other structures.