As used in this chapter, the following terms
shall have the meanings indicated:
A use or structure subordinate to and located on the same
lot as the principal use or building and serving a purpose customarily
incidental to the use of the principal building.
For small wireless communications facilities, any similarly
situated infrastructure within a 250-foot radius that is of the same
design, construction, or use as the proposed structure. Adjacent structures
may include, but are not limited to, utility poles and streetlight
poles. The height of a structure is the vertical distance measured
from the ground level to the highest point on a structure, not including
antennas mounted on the tower and any other appurtenances.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A use including live entertainment involving persons (which
may include, but not be limited to, waiters, waitresses, dancers,
clerks, bartenders, contractors or others) displaying uncovered male
or female genitals or nude or almost nude female breasts or engaging
in simulated or actual "specified sexual activities"[1] to three or more persons and which is related to monetary
compensation paid to the person or entity operating the use or to
persons involved in such activity.
[Added 1-26-2012 by Ord. No. 1247, approved 1-26-2012]
A use involving the on-site presentation to five or more
persons at one time of moving images distinguished by an emphasis
on depiction of "specified sexual activities" and that is related
to monetary compensation paid by the persons viewing such matter.
[Added 1-26-2012 by Ord. No. 1247, approved 1-26-2012]
A use that has over 10% of the total floor areas occupied
by items for sale or rent that are books, films, magazines, video,
paraphernalia, novelties or other periodicals which are distinguished
or characterized by a clear emphasis on matter depicting, displaying,
describing or relating to uncovered male or female genitals or "specified
sexual activities." This shall include but not be limited to materials
that would be illegal to sell to persons under age 18 under state
law.
[Added 1-26-2012 by Ord. No. 1247, approved 1-26-2012]
Adult store, adult movie theater, adult live entertainment
facility/use or massage parlor.
[Added 1-26-2012 by Ord. No. 1247, approved 1-26-2012]
The rights to the space above a property for development.
See "street."
[Amended 5-19-2015 by Ord. No. 1281, approved 5-19-2015]
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities defined below. An antenna shall not include
private residence-mounted satellite dishes or television antennas
or amateur radio equipment including, without limitation, ham or citizen
band radio antennas.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A principal structure shall be considered attached only when
at least 50% of an exterior wall is a party wall in common between
two structures. All accessory structures, such as decks, porches and
garages, shall be considered attached if they are within 10 feet of
the principal structure.
A facility which performs routine servicing of motor vehicles,
including the replacement of elements and fluids which are expected
to be routinely replaced on a frequent basis (such as engine oil and
other lubrication; brake, transmission and power steering fluids;
and air filters).
GASOLINE FILLING STATION, MINOR AUTO REPAIRBuildings and land areas where gasoline, oil, grease, batteries, tires and automobiles accessories are intended to be supplied and dispensed at retail and where minor repair services are rendered. Such services may include repair or replacement of parts, tires, tubes and batteries; diagnostic services; minor motor services such as grease, oil, spark plug and filter changing; tuneups; emergency road service; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems; and other similar services for motor vehicles which do not include the services normally associated with major repair service stations as defined.
MAJOR REPAIR, BODY SHOPWrecker service; collision service, including body, frame or fender straightening or repair; customizing; painting; welding; or other work involving noise, glare, fumes, smoke or other characteristics normally found in major repair service stations.
Any place where two or more motor vehicles not in running
condition, or parts thereof, are stored in the open and are not being
restored to operation or any land, building or structure used for
wrecking or storing of such motor vehicles or farm machinery, or parts
thereof, stored in the open and not being restored to operating condition,
and including the commercial salvaging of any other goods, articles
or merchandise.
The total volume of vehicle trips expected on a street or
accessway during a specified period of time in whole days (more than
one day and less than one year) divided by the number of whole days
in that time period. One vehicle entering and exiting a property constitutes
two trips.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
That portion of a building which is partly, but less than
half the floor-to-ceiling height, below the average grade adjoining
the building, as distinguished from "cellar," which means a story
more than half below grade. The basement is counted as a story for
the purpose of determining building height, but a cellar is not counted.
A single-family dwelling unit that is permitted to be constructed
or converted if located in a C-1, C-1A, C-2 or S-1 Zoning District
to a dwelling with rooms for temporary occupancy of not more than
12 persons for compensation.
[Amended 12-16-1997 by Ord. No.
1066, approved 12-16-1997]
See "rooming house."
The Zoning Hearing Board of the Borough of East Stroudsburg.
The Borough of East Stroudsburg, Monroe County, Pennsylvania.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
The elected governing body of the Borough of East Stroudsburg
that has the jurisdiction to render final adjudications in matters
relating to conditional use permits.
The Engineer of the Borough of East Stroudsburg, or his or
her designee.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
Any structure having a roof supported by columns or walls,
used for the shelter, housing or enclosure of persons, animals or
property.
The maximum ratio obtained by dividing the ground floor area
of all principal and accessory buildings on a lot by the total area
of the lot upon which the buildings are located (including covered
porches, carports and breezeways, but excluding open patios).
The vertical distance measured from the average finished
grade along the wall of the building to the highest point of such
building or structure. The average finished grade, in computing the
height of buildings, shall be the average elevation of all finished
grade elevations around the periphery of the building.
A building in which is conducted the main or principal use
of the lot on which it is situated.
See "roadway."
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
The mounting of one or more wireless communication facilities,
including antennas, on a preexisting structure, or modifying a structure
for the purpose of mounting or installing a wireless communications
facilities on that structure.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A business offering dormitories, cottages, cabins or similar
accommodations, eating facilities, sanitary facilities and recreational
and/or educational facilities to the public at large or any segment
of the public on other than a transient basis. This definition does
not include trailer camps.
Terms and pricing that are reasonably consistent with similar
wireless facility leases and agreements within a fifty-mile radius
of the Borough.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
The Planning Commission of the Borough of East Stroudsburg.
The complete plan for the continuing development and redevelopment
of the Borough of East Stroudsburg, as recommended by the Planning
Commission and currently adopted by the Borough Council.
Changing the original purpose of a building to a different
use; usually referring to the division of a single-family dwelling
into apartments, or residential structures into commercial- or institutional-district-type
uses.
A cooperative regime involves the purchase of a multiunit
building by a cooperative corporation, which in turn sells stock to
persons desiring to live in the units. Shares are sold in proportion
to the value of the particular living unit for an extended period
of time. The shares carry with them the right to enter into a lease
(often referred to as a "proprietary lease") for the desired unit
A line formed by the face of the existing curb or in its
absence the outer edge of the shoulder, along which curbing is or
may be located.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
Usually a wooden deck that does not have a roof and is not
enclosed in any way, with the exception of a railing not exceeding
four feet above the floor of such deck.
A Borough-owned pole that is specially designed and placed
for aesthetic purpose and on which no appurtenances or attachments,
other than a small wireless communications facility, lighting, or
municipal attachments have been placed or are permitted to be placed.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A portion of the territory of the Borough within which certain
uniform regulations and requirements or various combinations thereof
apply under the provisions of this chapter.
A roadway or street hydraulic structure that performs the
function of conveying, diverting, or removing surface water from the
street right-of-way.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
An accessway to and from a public way to a building or abutting
grounds which meets the construction requirements of this chapter.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
Any building, vehicle or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
The term "dwelling" shall not be deemed to include a motel, rooming
house, tourist home, hotel, hospital, nursing home, dormitory, fraternity
or sorority house or other group residence as defined herein.
CONDOMINIUMA house, townhouse, apartment or any such other permitted dwelling type under this chapter in which the dwelling unit(s) is (are) individually owned and which has all of the following characteristics:
The unit (the interior and associated exterior
areas designated for the private use in the development plan) is owned
by the occupant.
The unit may be any permitted dwelling type.
All or a portion of the exterior open space
and any community interior spaces are owned and maintained in accordance
with the Pennsylvania Unit Property Act of July 3, 1963, P.L. 196,[2] and in accordance with the provisions for open space,
roads or other development features as specified in this chapter and
the Subdivision and Land Development Regulations.[3]
DWELLING, SINGLE-FAMILY:
DWELLING, SINGLE-FAMILY (DETACHED)A detached building designed for or occupied exclusively by one family, except for a mobile home as defined below.
DWELLING, SINGLE-FAMILY (ATTACHED)A building designed for and used exclusively as a residence for only one family and having at least one party wall in common with an adjacent building, each structure being situate on a separate lot.
DWELLING, TWO-FAMILY:
DWELLING, TWO-FAMILY (ATTACHED)A building containing two units having a party wall in common and having two side yards, being owned by one owner and situate on one lot. (See the definition of "attached structure.")
DWELLING, TWO-FAMILY (DETACHED)A building used by two families, with one unit arranged over the other, and having two side yards.
DWELLING, TWO-FAMILY (SEMIDETACHED)A building used by two families, with one dwelling unit arranged over the other, having one side yard, and one party wall in common with another building.
DWELLING, MOBILE HOMEA vehicle or movable dwelling structure which is designed to be used for living or sleeping quarters and which stands on wheels or on rigid supports or on a foundation and which contains not more than one dwelling unit, but excluding prefabricated homes or sections thereof and also excluding travel trailers as defined herein.
DWELLING, MULTIFAMILYA building designed for occupancy by three or more families living independently of each other and containing three or more dwelling units. Such buildings shall consist of the following types:
MEDIUM-DENSITY DWELLINGSMultifamily structures containing a maximum of six units per gross acre, not exceeding 2.5 stories in height.
HIGH-DENSITY DWELLINGSMultifamily structures containing a maximum of eight units per gross acre, not exceeding three stories in height.
DWELLING, GROUP RESIDENCESAll structures, except rooming or boarding houses, used primarily for the housing of persons nonrelated by blood or marriage, shall be considered group residences. Such group residences shall include but not be limited to dormitories, fraternities and sororities and also all other structures occupied by groups of persons sharing a dwelling. There shall be at least 1,000 square feet of building floor area for each dwelling unit. There shall be no more than two dwelling units occupied by group residents in any conversion residential structure.
One or more rooms, including a kitchen (or kitchenette) and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
The exit of vehicular traffic from abutting properties to
a road, street or highway.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
An application for modification of an existing wireless communications
facility or base station that involves:
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A condition that:
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
Includes the provision of gas, electrical, steam, communication,
telephone, sewer, water, public safety and other similar services.
The facilities required to provide such services shall consist of:
[Amended 4-7-2020 by Ord.
No. 1362, approved 4-9-2020]
Limited facilities, including public utilities primarily installed
underground or on utility poles under 40 feet in height, which do
not require enclosure within a building or which can be constructed
within a public right-of-way.
Major facilities which require enclosure within a building,
construction on its own site or requires security site lighting or
mechanical equipment such as generators, compressors, pumps, tanks
and similar equipment.
[Amended 6-26-2014 by Ord. No. 1290, approved 6-26-2014]
One or more individuals related by blood, marriage or adoption
(including persons receiving formal foster care) or up to four total
unrelated individuals who maintain a common household and live within
one dwelling unit, except as provided otherwise in the Code. For this
purpose, "related" shall mean persons who are related by blood, marriage,
adoption, civil union recognized by any state, or formal foster relationship
to result in one of the following relationships: spouse, brother,
sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. "Step" relationships shall also be
included, such as step mother. "Related" shall not include any relationship
further than direct first cousins.
Notwithstanding the above definition, a family shall also be
deemed to include any number of mentally or physically handicapped
persons occupying a dwelling unit as a single, nonprofit housekeeping
unit, if such occupants are handicapped persons as defined in Title
VIII of the Civil Rights Act of 1968, as amended by the Fair Housing
Amendments Act of 1988. Such unrelated individuals shall have the
right to occupy a dwelling unit in the same manner and to the same
extent as any family unit as defined above.
Federal Communications Commission.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A barrier, made in whole or part of posts, wire, boards or
plant material, which permanently or temporarily prohibits or inhibits
unrestricted travel between properties or portions of properties or
between a public right-of-way and a property.
A use for stamping, punching, cutting, forming, welding,
heating, bending and finishing of metal using powder coating or any
other approved methods in accordance with industry standards. There
is no smelting and forging of molten metals.
[Added 1-20-2004 by Ord. No. 1145, approved 1-20-2004]
Establishments primarily engaged in operating weight-reducing
and other health clubs, spas, and similar facilities featuring exercise
and other active physical fitness conditioning, whether or not on
a membership basis. Also included in this definition are establishments
providing aerobic dance and exercise classes.
[Added 4-7-2020 by Ord.
No. 1362, approved 4-9-2020]
That relatively flat or low land area adjoining a river,
stream or watercourse, which is subject to partial or complete inundation
once in every 100 years.
The designated area of a floodplain required to carry the
discharge water of a given magnitude. For purposes of this chapter,
the floodway shall be capable of a flood of the one-hundred-year magnitude.
The floodway must be kept free of encroachment in order that the one-hundred-year
flood can be carried without substantial increases in flood heights.
Criteria adopted by the Federal Insurance Administration limit such
increases in flood heights to one foot, provided that hazardous velocities
are not produced.
That portion of the one-hundred-year floodplain outside the
floodway.
The total gross horizontal area on all floors as measured
to the outside surfaces of exterior walls or from the center line
of party walls separating two buildings, excluding crawl spaces, garages,
carports, attics without floors, open porches, balconies and terraces.
The latest revision of Highway Construction Specifications
issued by PennDOT.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
The area of the public right-of-way directly in front of
a structure, identified by drawing a perpendicular line from each
corner of the structure to the public right-of-way.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
Includes any and all gambling uses, including, but not limited
to, off-track betting establishments, but excluding small games of
chance, legal lottery sales and bingo, whether or not including a
restaurant, night club, bar or similar use.
[Added 5-19-1998 by Ord. No. 1072,
approved 5-19-1998]
A space in a building for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces
and similar areas are not considered habitable spaces.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
A person with a physical or mental disability that substantially
limits physical activity. All handicap ramps do not have to meet yard
setbacks, provided that they are no higher than four feet and do not
block or interfere with a public right-of-way.
An occupation conducted in a dwelling unit, provided that:
No persons other than members of the family
residing on the premises shall be engaged in such occupation.
The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use for residential
purposes by its occupants and not more than 25% of the living space
of the dwelling shall be used in the conduct of the home occupation.
[Amended 5-15-2007 by Ord. No. 1191, approved 5-15-2007]
There shall be no change in the outside appearance
of the building or premises or other visible evidence of the conduct
of such home occupation other than one sign, not exceeding one square
foot in area, nonilluminated and mounted flat against the wall of
the principal building.
No home occupation shall be conducted in any
accessory building.
There shall be no retail sales in connection
with such home occupation.
No traffic shall be generated by such home occupation
in greater volumes than two cars at the same time in a residential
neighborhood, and any need for parking generated by the conduct of
such home occupation shall be met by the off-street parking requirements.
Such parking shall not be permitted in the front yard.
No equipment or process shall be used in such
home occupation which creates noise, vibration, glare, fumes, odors
or electrical interference.
An institution providing health services primarily for inpatients
and medical or surgical care of the sick or injured including as an
integral part of the institution such related facilities as laboratories,
outpatient departments, training facilities, central service facilities
and staff offices.
A facility designed and utilized primarily for the receipt
at wholesale and the ultimate delivery by the center to the eventual
consumer at retail of goods previously ordered or in stock.
[Added 8-5-2008 by Ord. No. 1207, approved 8-5-2008
A surface that prevents the percolation of water into the
ground, such as rooftops, pavement, sidewalks, driveways, gravel drives,
roads and parking and compacted fill, earth or turf to be used as
such.
[Added 4-7-2020 by Ord.
No. 1362, approved 4-9-2020]
The area within the street right-of-way which has been constructed
for roadway purposes, including roadbed, pavement, shoulders, slope,
sidewalks, drainage facilities and any other appurtenances.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
Entrance of vehicular traffic to abutting properties from
a road, street or highway.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
Any discarded material or articles, including but not limited
to scrap metallic or nonmetallic items, abandoned vehicles and equipment,
paper, glass, containers and structures. It shall not include, however,
refuse or garbage kept in a proper container for the purpose of prompt
disposal.
Any lot, land, structure or part thereof where junk or salvage
is discarded, bought, sold, exchanges, stored, baled, cleaned, packed,
disassembled or handled. See also "automobile wrecking yard."
The keeping of six or more dogs on one lot, whether for pay
or as individual pets.
Any of the following activities:
The improvement of one lot or two or more contiguous
lots 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.
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.
An expanse of natural scenery; and/or lawns, trees, plants
consisting of a least 90% of native Pennsylvania species. All landscape
plants shall be planted with suitable materials in the ground. Other
natural materials, such as rock, wood chips, mulch, and decorative
features, including sculpture, patterned walks, fountains, and pools
shall also be considered as part of a landscaping plan.
[Added 5-15-2007 by Ord. No. 1191, approved 5-15-2007]
In all zoning districts of the Borough, private luminaries
for commercial and residential uses, such as spotlights, floodlights,
dusk-to-dawn lights, etc., shall be designed and mounted with the
following consideration:
Illumination shall be directed in a downward
manner and shall be arranged to reflect light away from all adjoining
landowners. Light shall require shielding if reflecting onto other
properties.
Luminaries shall not be located more than 20
feet above ground level nor higher than the principal building located
on premises, whichever is less.
Poultry and rabbits are the only livestock permitted in the
Borough of East Stroudsburg. These may be owned and raised for personal
consumption only. No retail use of livestock is permitted. No livestock
will be allowed if, in the opinion of the Borough Zoning Officer or
Borough Health Officer, it is not being kept in a safe and healthy
manner. All hoofed animals (cows, horses, goats, etc.) may be kept
on parcels greater than one acre, at a ratio of two per acre.
As contained in the applicable codes as adopted by the East
Stroudsburg Borough Council. Notwithstanding anything to the contrary,
living space shall include, however, bathrooms and closets. All hallways
shall be excluded in ascertaining living space.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having frontage and access on a public street.
LOT, CORNERA lot located at the intersection of two or more streets having an angle of intersection of not more than 135º. For the purpose of determining yard requirements, all sides of a lot adjacent to the public right-of-way shall be considered frontage. Yards shall be provided as indicated under yard requirements in these regulations.
LOT DEPTHThe mean horizontal distance between the front and the rear lot lines.
LOT LINESThe property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from a street right-of-way.
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.
LOT WIDTHThe width of the lot between side lot lines at the front building line as prescribed by the front yard regulations.
LOT AREAThe computed area contained within the lot lines.
The percentage calculated by taking the sum of all impervious
surfaces and all parking and driveway areas and dividing this number
by the lot area.
[Added 4-7-2020 by Ord.
No. 1362, approved 4-9-2020]
An establishment that meets all of the following criteria:
[Added 1-26-2012 by Ord. No. 1247, approved 1-26-2012]
Massages are conducted involving one person using his or her
hands and/or a mechanical device on another person below the waist,
in return for monetary compensation, and which does not involve persons
who are related to each other.
The use does not involve a person:
Licensed or certified by the state as a health care professional
or a massage therapist; or
Certified as a massage therapist by a recognized professional
organization that requires more than 40 hours of professional training.
Massage therapy by such a certified professional shall be considered
"personal service."
The massages are not conducted within a licensed hospital or
nursing home or an office of a state-licensed health care professional
or as an incidental accessory use to a permitted exercise club or
school or college athletic program.
The massages are conducted within private or semiprivate rooms.[4]
A computer operated banking facility, either drive-through
or walk-up.
A minor alteration is work performed to an existing driveway
or parking area that 1) results in no increase in impervious area,
2) results in no increase in parking spaces and 3) results in no new
parking areas. If the minor alteration results in a change to existing
stormwater runoff characteristics, the owner is responsible to remedy
the issue so that stormwater runoff is restored to pre-development
conditions.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
Zoning which allows different uses to be located at different
elevations in the same building. In commercial zoning districts, the
minimum commercial use area shall be equal to the area of the footprint
of the building, not including parking facilities. Commercial uses
shall front a street with access provided from the street level. Residential
uses are permitted on floors above the commercial use.
[Amended 4-7-2020 by Ord.
No. 1362, approved 4-9-2020]
A transportable, single-family dwelling intended for permanent
occupancy, office or place of assembly contained in one unit, or in
two 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 operations, and constructed so that it may be used without
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, which is leased by the
park owner to the occupants of the mobile home erected on the lot.
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots.
A vehicle which is self-propelled, except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
Act 247 of 1968, as amended by Act 170 of 1988.
[5]An establishment dispensing liquor or nonalcoholic beverages
and meals and in which music, dancing, or entertainment is conducted.
[Added 1-20-2004 by Ord. No. 1145, approved 1-20-2004]
Any lot which does not conform to the minimum width, depth
and area dimensions specified for the district where such a lot is
situated.
A building or structure, or portion thereof, irrespective
of use, lawfully existing at the time of passage of the chapter (or
as later amended), designed or arranged in a manner which does not
conform to dimensional use regulations applicable in the zoning district
in which it is located and which is not adaptable without major structural
alterations.
A use of a structure or a lot, or portion thereof, lawfully
existing at the time of this chapter, or as later amended, which does
not conform to the use regulations applicable in the zoning district
in which it is located.
All non-tower wireless communications facilities, including
but not limited to antennas and related equipment. Non-tower WCF shall
not include support structures for antennas and related equipment.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
Any premises containing sleeping rooms used by persons who
are lodged and furnished with meals and nursing care.
The unoccupied space open to the sky on the same lot as the
principal building. This area excludes the areas of principal and
accessory structures, streets, driveways and parking areas but may
include areas occupied by walkways, open patios, playgrounds and other
such areas occupied by outdoor recreation or play apparatus.
A freestanding accessory structure housing a woodburning
furnace, with a smokestack, used to provide heat or hot water to a
building, other accessory structure, swimming pool or hot tub via
liquid or other means. This definition does not include a fire pit,
wood-fired barbecue, and/or chiminea.
[Added 12-17-2008 by Ord. No. 1218, approved 12-17-2008
Any open area, other than a street, alley or place, used for the temporary parking of more than two self-propelled vehicles and available for public use as an accommodation for clients or customers. The parking surface shall be paved with an all-weather surface in accordance with §§ 157-64, 157-65 and 157-66.
Any open area, other than a street, alley or place, used for temporary parking of more than two self-propelled vehicles as an accessory use to semipublic institutions, schools, churches and hospitals. The parking surface shall be paved with an all-weather surface in accordance with §§ 157-64, 157-65 and 157-66.
A surfaced area not in a street or alley and having an area
of not less than 162 square feet per car permanently reserved for
the temporary storage of automobiles, accessory to the principal use
of the lot and connected with a street or alley by a surfaced driveway
which affords satisfactory ingress and egress for automobiles. No
space shall be located within 15 feet of any street pavement.
[Amended 1-3-1995 by Ord. No. 1026,
approved 1-3-1995]
An area or courtyard designed for outdoor living purposes
as an accessory use to a structure, which shall be completely unenclosed
except for any side which may adjoin a structure, fence or hedge.
Any patio exceeding 12 inches in height shall be considered a deck.
The edge of the main traveled portion of any road, street
or highway, exclusive of shoulder.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
The Pennsylvania Department of Transportation.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
A document issued by the Borough of East Stroudsburg authorizing
an applicant to undertake certain activities.
BUILDING PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is in accordance with the construction provisions of any Building Code which may be adopted by the Borough and authorizing an applicant to commence with said construction, alteration or reconstruction. Such a permit shall not be confused with a zoning permit or with an occupancy permit as required under the terms of this chapter.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the provisions of this chapter and authorizing an applicant to proceed with said use, building or structure.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure or change in use of a structure or parcel of land indicating that the premises comply with the provisions of this chapter and may be used for the purposes set forth in the occupancy permit.
Any use which does not require special action by the Board
before a zoning permit is granted by the Zoning Official.
Individuals, corporations, companies, associations, joint
stock companies, firms, partnerships, limited liability companies,
corporations and other entities established pursuant to statutes of
the Commonwealth of Pennsylvania; provided that person does not include
or apply to the Borough or to any department or agency of the Borough.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A portion of a larger project that can stand on its own by
fulfilling all requirements of this code.
A church or religious institution where individuals gather
to worship.
[Added 12-16-1997 by Ord. No. 1066,
approved 12-16-1997]
An area of land controlled by a landowner, to be developed
as a single entity for a specified number of dwelling units, the development
plan for which does not correspond in lot size, bulk or type of dwelling,
lot coverage and required open space to the regulations established
in any one residential district.
A Commission appointed by Borough Council to provide for
the orderly growth of the Borough.
Drawings which show the location, character, and dimensions
of the proposed occupancy and related highway features, including
layouts, profiles, cross sections, drainage and other details.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
A roofed or unroofed structure projecting from the front,
side or rear wall of the building which shall have no wall more than
36 inches high and which shall be open on all sides except the side
adjoining the building. All porches shall be regulated as a part of
the principal structure.
A building in which is conducted the principal use of the
lot on which it is situated in any residential district. Any structure
containing a dwelling unit shall be deemed to be the principal building.
A design for a small wireless communications facility that
has been reviewed and deemed to be in accordance with the design requirements
herein and approved for construction by the Borough.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
Includes the office of a physician, dentist, optometrist,
minister, architect, landscape architect, planner, engineer, insurance
man, realtor, accountant, lawyer, author, musician and such other
professional occupations which may be so designated by the Zoning
Hearing Board. By so designating, the Board must find that such occupation
is truly professional in character by virtue of the need for similar
training or experience as the above and as a condition of the practice
thereof. The practice of such occupation shall in no way adversely
affect the safety and amenity of surrounding property 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.
A formal meeting held pursuant to public notice by the governing
body, planning agency or Zoning Hearing Board, 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 July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."
[6]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 than seven days from the date of the hearing.
The surface of and space above and below any real property
in the Borough in which the Borough has a regulatory interest, or
interest as a trustee for the public, as such interests now or hereafter
exist, including, but not limited to, all streets, highways, avenues,
roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or
any other public place, area or property under the control of the
Borough, and any unrestricted public or utility easements established,
dedicated, platted, improved or devoted for utility purposes, but
excluding lands other than streets that are owned by the Borough.
The phrase "in the right(s)-of-way" means in, on, over, along, above
and/or under the right(s)-of-way.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A sloping wall or roadway.[7]
COMMERCIAL RECREATIONRecreation facilities operated as a business and open to the general public for a fee.
NONCOMMERCIAL PRIVATE RECREATIONClubs or recreation facilities operated by nonprofit organizations and open only to their members and gratuitous guests.
PUBLIC RECREATIONRecreation facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization and open to the public.
PRIVATE RECREATIONA recreation facility located on private property, accessory to the principal structure and used and enjoyed solely by the residents and their friends for entertainment. Such facilities shall not be accessible to the general public. Facilities include but are not limited to swimming pools, tennis courts and basketball courts.
Any piece of equipment related to, incidental to, or necessary
for the operation of a wireless communications facility. By way of
illustration, not limitation, related equipment includes generators
and base stations.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
An establishment engaged in the sale of auto supplies, including,
but not limited to, tires, batteries, accessories, and other auto
parts, fluids, and supplies for retail sale as that term is defined
in this chapter. A retail auto supply store may, in addition to retail
sale, distribute auto supplies by delivery, wholesale on-premises
sale, mail or common carrier delivery, or by other means. To constitute
a retail auto supply store, an auto supply establishment must sell
by retail sales a significant, not merely incidental, portion of its
sales.
[Added 2-1-2011 by Ord. No. 1240, approved 2-1-2011]
A premises which is used exclusively for the display of commercial
and/or residential furniture, furnishings, mattresses, carpeting and
related goods and merchandise for inspection and purchase/ordering
by the general public, provided that warehousing, customer pickup
and delivery operations associated with the business are conducted
off premises and that there are no direct sales and deliveries to
customers on premises, other than incidental sales of one-of-a-kind
or discontinued goods or merchandise which are not warehoused by the
business or otherwise available from the manufacturer for retail sale
by the business.
[Added 8-3-1999 by Ord. No. 1088,
approved 8-3-1999]
The sale of goods, especially in small quantities, to the
general public for personal and household consumption.
That portion of a street improved, designed, or ordinarily
used for vehicular travel, exclusive of the sidewalk or shoulder.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
A building containing a single dwelling unit occupied by
the owner and rooms for the rooming and/or boarding of not more than
six persons for compensation.
See "automotive service station."
Any development containing five or more acres consisting
of a single store, such as a department store, or a group of two or
more stores planned and designed to function as a facility for the
lot on which it is located with off-street parking provided as an
integral part of the facility.
[Amended 8-25-1994 by Ord. No. 1016,
approved 8-25-1994]
A group of two or more stores planned and designed to function
as a unit on a lot less than five acres in size, with off-street parking
provided as an integral part of the facility.
[Added 12-16-1997 by Ord. No. 1066,
approved 12-16-1997]
Any residential dwelling unit utilized as a single-family
residence rented for the purpose of overnight lodging for a period
of not less than one day and not more than 30 days, and which meets
the definition of "hotel" for the purpose of imposing an excise tax
by the County of Monroe as defined in the County of Monroe Ordinance
No. 2004-03, as amended.
[Added 10-19-2021 by Ord.
No. 1380, approved 10-19-2021]
Permission granted by the Borough to utilize a dwelling unit
for short-term rental use.
[Added 10-19-2021 by Ord.
No. 1380, approved 10-19-2021]
The portion of the street, contiguous to the traffic lanes,
for accommodation of stopped vehicles, for emergency use, and for
lateral support of base and surface courses and pavements.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
The intersection of the shoulder slope with the side slope
or ditch slope.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
The distance required by a driver traveling at a given speed
to stop the vehicle after an object on the roadway becomes visible
to the driver as defined by PennDOT regulations.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the premises where such sign is located or to which it is affixed.
Any advertising display on which is shown the products, accommodations,
services or activities on the premises or anything else that draws
attention to the activities on the premises.
A freestanding sign whose bottom structural support rests
on a public sidewalk.
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.
An on-premises sign giving directions, instructions or facility
information and which may contain the name or logo of an establishment
but no advertising copy, e.g., parking or exit and entrance signs.
Every sign attached to a wall, forming part of a building
which fronts on a street. The plane of such sign shall not project
more than 18 inches from the face of such wall.
A sign permanently supported independently of a building
or other structure, having its own supports, such as a pole, imbedded
in concrete.
The entire area within a single continuous perimeter enclosing
the extreme limits of such sign and in no case passing through or
between any adjacent elements of the same.
A sign projecting more than 18 inches from a building to
which it is attached.
A sign advertising land sale or improvements thereto or describing
construction activities or a firm doing work related to construction
on the premises on which the sign is located.
A temporary sign, including flags and banners, but not including
a frame-type sign which directs attention to a special activity, sale
or entertainment event. Such signs are not intended to be permanently
affixed to a structure and shall be removed at the end of the event,
sale or special activity. However, in no case shall a temporary sign
be displayed longer than 14 days.
A plan depicting the lot boundaries and all present and future
improvements. For an application to be complete, a site plan shall
be submitted with all applications. The distance from any structure
to the lot boundaries shall be clearly shown on the plan.
A wireless communications facility that meets the following
criteria:
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
The structure on which antenna facilities are mounted:
Each antenna associated with the deployment (excluding the associated
equipment) is no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) are cumulatively no more than 28 cubic feet in volume;
The facilities do not require antenna structure registration
under 47 CFR Part 17;
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
A use which, because of its unique characteristics, requires
individual consideration in each case by the Zoning Hearing Board
before a zoning permit may be issued in accordance with the general
land use characteristics of the neighborhood.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A program of stormwater management is designated to preserve and restore the flood-carrying capacity of streams; to preserve to the maximum extent practicable natural stormwater runoff regimes and natural course, current and cross section of water of the Borough; and to protect and conserve groundwaters and groundwater recharge areas. Required stormwater plans shall be based on Appendix B, Stormwater Management Criteria, of Chapter 140, Subdivision of Land, of the Code of the Borough of East Stroudsburg.
[Amended 8-25-1994 by Ord. No. 1016,
approved 8-25-1994]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
Shall mean and include any street, road, lane, court, cul-de-sac,
alley, public way and public square, either for or intended for public
use, and shall include the cartway, sidewalk, gutter, and right-of-way
area, whether or not the street, or any part of the street, is owned
in fee by others than the Borough.
[Amended 5-19-2015 by Ord. No. 1281, approved 5-19-2015]
Any change in the structural members of a building, such
as walls, columns, beams or girders, or any addition to any structure,
but not including normal maintenance or minor repairs or improvements.
Anything constructed, the use of which requires permanent
location on the ground or attachment to something having a permanent
location on the ground, including stationary and portable carports.
All such structures shall meet the setback requirements as set forth
in this chapter.
For the purposes of wireless communications, any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or wireless
support structure if it meets any of the following criteria:
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
For wireless communications facilities outside the public rights-of-way,
it increases the height of the facility by more than 10%, or by the
height of one additional antenna array with separation from the nearest
existing antenna, not to exceed 20 feet, whichever is greater; for
wireless communications facilities in the rights-of-way, it increases
the height of the facility by more than 10% or 10 feet, whichever
is greater;
For communications towers outside the public rights-of-way,
it protrudes from the edge of the tower by more than 20 feet, or more
than the width of the tower structures at the level of the appurtenance,
whichever is greater; for those wireless communications facilities
in the public rights-of-way, it protrudes from the edge of the structure
by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation of deployment outside the current
site of the communications tower; or
It does not comply with conditions associated with prior approval
of construction or modification of the wireless communications facility
unless the noncompliance is due to an increase in height, increase
in width, or addition of cabinets.
A single private outdoor swimming pool per dwelling unit
is permitted as an accessory use to a residential structure, provided
that such swimming pool is for the private use of the residents of
the dwelling unit or for their guests, and provided that the edge
of the pool is not located closer than 10 feet to any property line
and that a four-foot high fence measured from the ground level shall
completely surround the area of all pools. Permits shall be required
for all pools capable of holding two or more feet of water (in depth).
In the case of aboveground pools, the sidewalks may be considered
as part of the fencing requirements. A pool may not be constructed
in the required front yard.
An establishment used primarily for the serving of liquor
by the drink to the general public and where food or packaged liquors
may be served or sold only as accessory to the primary use.
[Added 1-20-2004 by Ord. No. 1145, approved 1-20-2004]
A period of 14 days, and shall be applicable unless otherwise
specified in this chapter.
Mutual ownership of real estate for lawful purposes by more
than one party with the understanding that the occupancy will be proportionately
divided among the investors.
A self-supporting lattice tower, guy tower, monopole, or
any other pole that is constructed primarily to support an antenna
for receiving and/or transmitting a wireless signal.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A tower and its supporting antennas, including, but not limited
to, self-supporting lattice towers, guy towers and monopoles. Distributed
antenna system hub facilities are considered to be tower-based WCFs.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
Any sign, signal, marking, or device placed or erected for
the purpose of regulating, warning, or guiding vehicular traffic or
pedestrians, or both.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
A vehicle less than 30 feet in length and used for temporary
living or sleeping purposes and standing on wheels.
A zoning district in which all utility installations are
required to by installed underground on a nondiscriminatory basis.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
A portion of a lot used for residential purposes, exclusive
of required front, rear and side yard areas, which is not covered
by buildings or parking areas and is suitable for use as outdoor open
space for the residents thereon.
The Board's authorized departure to a minor degree from the
text of this chapter in direct regard to a hardship peculiar to an
individual lot in accordance with the procedures set forth in this
chapter.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
[Added 5-19-2015 by Ord.
No. 1281, approved 5-19-2015]
Those areas that are inundated by surface or ground water
with a frequency sufficient to support and under normal circumstances
does or would support a prevalence of vegetative or aquatic life that
requires saturated or seasonally saturated soil conditions for growth
and reproduction. "Wetlands" generally include swamps, marshes, bogs
and similar areas such as sloughs, potholes, wet meadows, river overflows,
mud flats and natural ponds (as defined in Executive Order 11990,
Protection of Wetlands). No structure shall be located within 50 feet
of any wetland-designated area.
Transmissions through the airwaves including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
Any equipment serving or being used in conjunction with a
wireless communications facility or wireless support structure. The
term "accessory equipment" includes but is not limited to utility
or transmission equipment, power supplies, generators, batteries,
cables, equipment buildings, cabinets and storage sheds, shelters
or similar structures.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Federal Communications Commission authorization, for the
provision of wireless service and any commingled information services.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
Any person that applies for a wireless communication facility
building permit, zoning approval and/or permission to use the public
ROW or other Borough-owned land or property.
[Added 2-16-2021 by Ord.
No. 1375, approved 2-16-2021]
An open space, as may be required by this chapter, on the
same lot with a building or a group of buildings, which open space
lies between the principal building or group of buildings and the
nearest lot line and is unoccupied and unobstructed from the ground
upward except as specified elsewhere in this chapter.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
[1]
Editor's Note: See also 68 Pa.C.S.A. § 5502 for
a definition of this term.
[2]
Editor's Note: Said Act was repealed 7-2-1980
by P.L. 286, No. 82. See now 68 Pa.C.S.A. § 3101 et seq.
[4]
Editor's Note: The former definition of "maximum building
height," which immediately followed this definition, was repealed 4-7-2020 by Ord. No. 1362, approved 4-9-2020.
[5]
Editor's Note: See 53 P.S. § 10101
et seq.
[6]
Editor's Note: Said Act was repealed 10-15-1998
by P.L. 729, No. 93. See now 65 Pa.C.S.A. § 701 et seq.
[7]
Editor's Note: The former definition of "rated x," which immediately
followed this definition, was repealed 1-26-2012 by Ord. No. 1247,
approved 1-26-2012.
