The definition of words included herein are provided to facilitate
the interpretation of this chapter for administrative and enforcement
purposes. Unless expressly stated otherwise, within the context of
this chapter, the following shall apply:
A.Â
Words used in the present tense shall include the future tense.
B.Â
The word "person" shall include a profit or nonprofit corporation,
company, partnership, individual or single proprietorship.
C.Â
The words "used" or "occupied" as applied to any land or building
shall include the words "intended," "arranged," or "designed" to be
used or occupied.
D.Â
The word "building" shall include "part thereof" and "structure."
E.Â
The word "lot" shall include "plot" or "parcel."
F.Â
The word "shall" is always mandatory.
G.Â
The singular number shall include the plural, and the plural the
singular.
H.Â
The masculine gender shall include the feminine and neuter.
I.Â
The word "street" shall include "road," "highway," and "lane."
When terms, phrases, or words are not defined, they shall have
the meaning as defined in The Latest Illustrated Book of Development
Definitions (H. S. Moskowitz and C. G. Lindbloom, Rutgers, The State
University of New Jersey, 2004) or if not defined therein, they shall
have their ordinarily accepted meanings or such as the context may
imply.
As used in this chapter, the following terms shall have the
meanings indicated:
To cease or discontinue a use or activity without intent
to resume, but excluding temporary or short-term interruptions to
a use or activity during periods of remodeling, maintaining, or otherwise
improving or rearranging a facility, subject to completion of the
work within one year from the issuance of a zoning permit and/or building
permit.
Having a common border with, or being separated from such
a common border by a right-of-way, alley, or easement.
A way or means of approach to provide physical ingress and/or
egress to a property.
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
A use incidental to, and on the same lot as, a principal
use.
The use of land for agricultural purposes, including farming,
dairying, pasturage, horticulture, floriculture, and animal and poultry
husbandry and the necessary accessory uses. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
by farmers or are consistent with technological development within
the agricultural industry. The above uses shall not include concentrated
animal feeding operations, commercial hog farms, fur farms, fertilizer
plants or animal kennels. The keeping of more than two pieces of livestock
upon a property, including but not limited to horses, cows, goats,
sheep and similar types of animals shall be deemed to constitute an
agricultural use.
Any change, addition, or modification in construction or
occupancy of an existing structure.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders or in the dimensions
or configuration the roof and exterior walls.
A change in the regulations and provisions of the Bear Creek
Township Zoning Ordinance, including changes to boundaries of zoning
districts as provided upon the Zoning Map.
A structure or building where animals or pets are given medical
or surgical treatment and the boarding of animals is limited to short-term
care incidental to the hospital use.
Any structure or premises in which five or more dogs or cats
or any combination thereof, at least six months of age, are boarded,
kept or trained for commercial gain.
See "communications antenna."
(See also "junkyards.") The dismantling or wrecking of used
motor vehicles or trailers, or the storage, sale, or dumping of dismantled
or wrecked vehicles or their parts. The presence on any lot or parcel
of land of two or more motor vehicles, which, for a period exceeding
30 days, have not been capable of operating under their own power
and from which parts have been or are to be removed for reuse or sale,
shall constitute prima-facie evidence of an automobile wrecking yard.
The use of any building, structure or land, other than a
street, for the display and sale or rental of motor vehicles, which
are in operable condition. The owner/operator of this business must
have a valid state license for the sale or rental of such motor vehicles.
Any related repair shall be conducted within an enclosed building
and shall be an accessory use.
That portion of a building that is partly or completely below
grade. A basement shall be counted as a story if the vertical distance
from the average adjoining grade to the ceiling is five feet or greater.
A residence occupied by an owner providing short-term lodging
accommodations for compensation for transient guests. No more than
five guest rooms shall be available for said accommodations. Any meals
included as part of the services shall be restricted to individuals
who have registered for lodging within said residence.
A sign that identifies or communicates a commercial or noncommercial
message related to an activity conducted, a service rendered, or a
commodity sold at a location other than where the sign is located.
A structure or portion thereof that contains rooming units
which are rented or leased, with the occupants of said units being
nontransient, and using said location as a legal place of residence.
The term "boardinghouse or rooming house" shall specifically exclude
the following:
A method of improvements designed to separate and substantially
obstruct the view of two adjacent land uses or properties from one
another. For the purpose of this chapter, when a buffer area is required,
it shall be deemed to represent a fence or stone wall with cork fitting,
eight feet in height with two staggered rows of evergreen trees planted
in front of the fence, with the spacing distance between trees not
less than eight feet or greater than 10 feet. Said trees shall be
not less than eight feet in height at the time of planting. Unless
stated otherwise, a buffer area may be part of the minimum setback
distance for the land use requiring said buffer.
Any structure having a roof supported by columns or walls
and intended for shelter, housing or enclosure of persons, animals,
or property.
Building, accessory. A subordinate structure on the same lot
as the principal or main building or use occupied or devoted to a
use incidental to the principal use.
Building coverage. The horizontal area measured within the outside
of the exterior walls of the ground floor of all principal and accessory
buildings on a lot.
Building envelope. An area of a lot upon which development may
occur. Excluding deed restrictions, covenants, easements or other
site conditions, the governing minimum setbacks requirements for a
given zoning district establishes the building envelope.
Building, principal. A building in which is conducted the principal
use of the lot on which it is located.
Building height. The vertical distance of a building measure
from the average elevation of the proposed finished grade within 20
feet of the structure to the highest point of the roof for flat roofs;
to the deck line of mansard roofs and to the average height between
eaves and the ridge for gable, hip and gambrel roofs, excluding chimneys.
Any facility where:
Gasoline is stored in bulk for distribution by delivery truck;
Fuel, including but not limited to kerosene, home heating oil,
diesel fuel, gasoline, or propane, is stored in large volume tanks
for distribution to retail or wholesale establishments; or
The total combined on-site storage of fuel exceeds 20,000 gallons.
An area to be used for transient occupancy by camping in
tents, camp trailers, recreational vehicles, travel trailers, or similar
movable or temporary sleeping quarters.
Any tent, trailer, recreational vehicle, or similar structure
established or maintained and operated in a campground as temporary
living quarters for recreational, or vocational purposes.
Any plot of land within a campground intended for exclusive
occupancy by a camping unit or units under the control of a camper.
A roofed structure opened on two or more sides and used for
the storage of private motor vehicles. It may be constructed as a
separate accessory structure or part of the principal structure.
The portion of any building which is located partly underground,
but having 1/2 or more of its height, measured from finished floor
grade to finished ceiling, below the average grade of the adjoining
land. A cellar shall not be counted as a story for the purposes of
administering height regulations of this chapter.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including crematories, mausoleums,
and mortuaries when operated in conjunction with and within the boundaries
of such cemetery.
Any use which differs from the previous use of a building,
structure or land.
See "day-care facility."
A vertical structure containing one or more flues for drawing
off emissions from a stationary source of combustion, including but
not limited to those attached to an outdoor fuel furnace.
See "place of worship."
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.
A facility comprised of professional offices, for the examination
and treatment of persons as outpatients by physicians, dentists or
other licensed medical specialists, in which said medical practitioners
work in cooperative association. Said clinics may provide medical
services customarily available at hospitals, excluding overnight care
of patients and twenty-four-hour emergency service.
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are limited to bona fide members and their occasional guests, and
persons specifically invited to special celebrations, but which is
not routinely open to members of the general public and which is not
primarily operated as a for-profit business. The club shall involve
a meaningful and substantial membership system, as opposed to a token
system. This use shall not include a target range for outdoor shooting,
boarding house, a tavern, a restaurant or an auditorium unless that
particular use is permitted in that district and the requirements
of that use are met.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio services,
or any wireless communication signals, including without rotation,
omnidirectional or whip antennas and directional or panel antennas,
owned and operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residence-mounted satellite dishes or television
antennas or amateur radio equipment, including without limitation,
ham or citizen band radio antennas.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support a commercial communication
antenna.
An unmanned building or cabinet containing communication
equipment for the operation of a commercial communication antenna
and covering an area on the ground not greater than 250 square feet.
The vertical distance measured from the ground to the highest
point on a communications tower, including antennas mounted on the
tower.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
A parcel or parcels of land, which may include an area of
water, within a development site and designated and intended for the
use or enjoyment of residents of a planned residential development,
exclusive of streets, off-street parking areas and areas set aside
for public facilities.
The Comprehensive Plan of Bear Creek Township, including
any amendments, updates, or revisions thereto.
A use that, owing to some special characteristics attendant
to its operation or installation, is permitted in a zoning district
subject to approval by the Board of Supervisors and subject to special
requirements, different from those usual requirements for the zoning
district in which the conditional use may be located.
A set of individual dwelling units or other areas of building
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which was created under
the PA Uniform Condominium Act of 1980, as amended.[1]
A lot, building, or part thereof, used to store materials
used by a contractor in the construction of a road, highway, structure
or building, landscaping or utilities.
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same.
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same, along with the retail sales of gasoline and related fuel
products.
The Planning Commission of Luzerne County.
An area with one or more of the following characteristics:
stream corridors, streams, floodplain areas, wetlands, slopes which
equal or exceed 15%, soils classified as highly acidic or highly erodible,
soils classified as having a high water table, land and associated
soils which display poor percolation, mature stands of native vegetation
and aquifer recharge and discharge area.
A structure in which day-care services are provided, with
no portion of the structure being jointly used as a portion of a family
residence.
A facility for the provision of out-of-home care for children
or adults for part of a twenty-four-hour day, excluding care provided
by relatives, and licensed as such by the state.
A residential structure in which day-care services are provided
for not more than six persons at any one time, where the care areas
are also used as a portion of a family residence.
The provision of out-of-home care for children or adults
for part of a twenty-four-hour day, excluding care provided by relatives.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be subject to appeal to the Court
of Common Pleas of Luzerne County.
The number of dwelling units permitted per net unit of land.
A publicly operated or sponsored facility used to house and/or
rehabilitate individuals detained, sentenced by, or under the jurisdiction
of the criminal justice system, including but not limited to, jails,
prisons, penitentiaries, reformatories, halfway houses and similar
facilities.
Any man-made improvements to improved or unimproved real
estate. The construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any building or structure, any mining,
dredging, filling, grading, paving, excavation, drilling, land disturbance
and any use or extension of the use of land shall be deemed to constitute
a development.
The provisions for development included within an application
for a subdivision and/or land development, including all covenants
relating to use, location and bulk of buildings and other structure
intensity of use or density of development, streets, ways and parking
facilities, common open space, easements and public facilities. The
phrase "development plan" shall mean the written and graphic materials
referred to in this definition.
See "zoning district."
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having a frontage
on the road.
DWELLING, SINGLE-FAMILYA detached building arranged or used for occupancy by one family. A mobile home or similar manufactured housing unit which is constructed to be permanently attached and anchored to a permanent foundation shall be deemed to be a single-family dwelling unit.
DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.
DWELLING, MULTIPLEA building containing three or more dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar. The term "townhouse" is excluded under this term. (See definition of "townhouse.")
TOWNHOUSEA single structure consisting of not less than three or more than six dwelling units. Each dwelling unit shall have direct ground level access to the outdoors and connected to other dwelling units by one or more party walls with no opening or connecting interior access between units. No dwelling units shall be located over or below another unit.
MOBILE HOMEA transportable, single-family dwelling intended for permanent occupancy, 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 operations, and constructed so that it may be used without a permanent foundation.
One or more habitable rooms which are occupied, or which
are intended or designed to be occupied as a residence by one family,
with permanent facilities for living, sleeping, cooking, and sanitary
facilities for exclusive use by the family residing therein.
Any construction or other activity which disturbs the surface
of the land, including but not limited to excavations, embankments,
land development, subdivision development, mineral extraction and
the moving, depositing or storing of soil, rock or earth.
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation or another
person or entity.
An easement required for the installation of stormwater sewers
or drainage ditches, and/or required for the preservation or maintenance
of a natural stream or watercourse or other drainage facility.
Commercial establishments, excluding any sexually oriented
business, engaged in providing entertainment for a fee or an admission
charge, such as an arcade, bowling alley, billiard hall, roller-skating
rink or similar facilities.
A report and/or series of reports on the effect of a proposed
development or major action which may significantly affect the environment
and associated features thereunder.
The removal or recovery by any means whatsoever of minerals,
as so defined in this chapter from land or water, on or above the
surface thereof, or beneath the land surface, whether exposed or submerged.
It shall include the incidental screening, washing, crushing and grading
of materials originating on the site, and mineral processing as an
accessory use.
One or more persons occupying a dwelling unit and living
together as a single nonprofit housekeeping unit. Foster children
placed into the care and custody of a family shall be deemed to be
a member of the family. A group in excess of four individuals who
are not related by blood, marriage or legal adoption, shall not be
deemed to constitute a family.
A structure functioning as a boundary or barrier constructed
of materials recognized by the fencing industry. Hedges, shrubbery
and/or similar vegetation shall not be deemed or considered to be
a fence.
The sum of the total horizontal areas of the several floors
of all buildings on a lot, measured from the interior faces of exterior
walls.
(Also see § 127-70M, Timbering harvesting.) The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes which does not involve any land development.
The length of the front lot line measured at the street right-of-way
line.
A noncommercial building for the private use of the owner
or occupant of a principal building situated on the same lot of the
principal building for the storage of motor vehicles with no facilities
for mechanical service or repair of a commercial or public nature.
(See also "service station.") A commercial building designed
and used for the storage, care, repair, or refinishing of motor vehicles
including both minor and major mechanical overhauling, paint, and
body work.
A place of business where products and produce are sold to
the general public. These centers may include a nursery and/or greenhouses,
plants, nursery products and stock, potting soil, hardware, power
equipment and machinery, hoes, rakes, shovels, and other garden and
farm variety tools and utensils.
A structure, building or area of land or portion thereof
that is used for the retail sale of gasoline or any other motor vehicle
fuel that may or may not include as an accessory use, the sale and
installation of lubricants, tires, batteries, and similar accessories
and other minor servicing and engine tune-ups of motor vehicles, excluding
the major mechanical overhauling, paint, and body work of any type
of vehicle. Gasoline service stations shall not include service and
maintenance activities which include or are comparable to those provided
for under the definition of a "repair garage."
Any use of property considered to be substantially inconsistent
with the public comfort, convenience, health, safety, and general
welfare, exhibiting characteristics that include, but may not be limited
to the following:
Properties in a continuing state of disrepair that are not fit
for habitation and/or occupancy;
Properties, lacking zoning approval for use a junkyard and/or
an automobile wrecking yard, that contain and accumulate trash, junk
and/or two or more inoperable vehicles;
Fire and explosion hazards;
Electrical and radioactive disturbances;
Noise and vibration;
Dust, dirt, and fly ash;
Glare;
Smoke and odors and other forms of air pollution.
The Board of Supervisors of Bear Creek Township, Luzerne
County, Pennsylvania.
Retail business whose principal activity is the selling of
plants grown on the site and having outside storage, growing, and/or
display.
A dwelling unit which is shared under congregate living arrangements
by more than four persons, who are residents of the dwelling unit
by virtue of their need to receive supervised services limited to
health, social and/or rehabilitative services provided by a person
or persons or their licensed or certified agents, a governmental agency
or their licensed or certified agents, a responsible corporation or
their licensed or certified agents, a partnership or limited partnership
or their licensed or certified agents or any other legal entity. Such
services shall be provided on a continuous basis in a family-like
environment to persons who are in need of supervision and/or specialized
services in a residential setting. The following shall not be deemed
to constitute a "group residence":
A boarding home and/or a personal care boarding home.
A facility providing shelter and/or rehabilitative care or treatment
of persons for alcoholism and/or an addiction to a controlled substance.
A facility for persons released from or under the jurisdiction
of a governmental bureau of corrections or similar institution.
Any material that, by reason of its quantity, concentration,
or physical, chemical or infectious characteristics may:
Cause, or significantly contribute to, an increase in mortality
or an increase in a serious irreversible or incapacitating irreversible
illness.
Pose a substantial present or potential hazard to human health
or the environment when improperly treated, stored, transported, disposed
of or otherwise managed.
This definition shall be deemed to include radioactive material,
medical waste and any incendiary device and/or explosive device or
material.
An indoor facility including uses such as game courts, exercise
equipment, locker rooms, and related facilities.
A permit, issued by the Pennsylvania Department of Transportation,
the Luzerne County Road and Bridge Department or Bear Creek Township
which authorizes access from a parcel of land onto a highway, road
or street which is under the respective jurisdiction of the above
entities.
An occupation, profession, activity, or use that is clearly
a customary, incidental, and secondary use of a residential dwelling
unit and which does not alter the exterior of the property or affect
the existing residential character of the neighborhood.
A building or structure and/or land whose operator keeps
equines primarily for breeding and boarding and which operation may
or may not be incidental to the owner's primary occupation.
(Also see "motel.") A facility offering transient lodging
accommodations on a daily rate to the general public and providing
additional services, such as restaurants, meeting rooms, and recreational
facilities.
The distance measured from the surface of the tower's foundation
to the height of the wind turbine hub to which the blade is attached.
A study and/or report which may be required at the discretion
of the Bear Creek Township Board of Supervisors prior to approval
of a conditional use application and/or a rezoning application or
by the Zoning Hearing Board prior to approval of an application for
a special exception and/or variance to determine the potential impact
of the proposed use on activities, utilities, traffic generation and
circulation, surrounding land uses, community facilities, environmental
features, critical areas, the public health, safety and welfare and
other factors directly, indirectly or potentially affected. The applicant
shall be responsible for all costs related to any and all reports
and/or studies required by the Bear Creek Township Board of Supervisors
or Zoning Hearing Board under or within the context of the term "impact
analysis."
Any material and/or development that substantially reduces
or prevents the infiltration of stormwater into previously undeveloped
land. Impervious surfaces shall include, but may not be limited to,
buildings, roofs, surfaced, graveled or compacted parking areas, streets,
sidewalks, driveways and similar vehicular and/or pedestrian rights-of-way.
Man-made physical additions, alterations, and/or changes
to buildings or other structures which become part of, placed upon,
or affixed to real estate.
A use engaged in the basic processing and manufacturing of
materials or products predominately from extracted or raw materials,
or a use engaged in storage of, or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions.
A use engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
and distribution of such products, but excluding basic industrial
processing.
A structure or facility which provides medical, health, educational,
social and/or rehabilitative services to more than eight persons on
a continuous and/or regular basis, excluding a facility for persons
released from or under the jurisdiction of a governmental bureau of
corrections or similar institution.
Old, dilapidated, scrap or abandoned metal, paper, building
material and equipment, bottles, glass, appliances, furniture, beds
and bedding, rags, rubber, motor vehicles, and parts thereof.
(See also "automobile wrecking yard.") An open area where
wastes or used or secondhand materials are bought, sold, exchanged,
stored, processed, or handled. Materials shall include but are not
limited to scrap iron and other metals, paper, rags, rubber tires,
and bottles. An automobile wrecking yard is also considered a junkyard.
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.
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.
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into more than three residential
units. Any conversion described above that is intended to be a condominium
shall be exempt from classification as a land development.
Any nonresidential use of land, with or without structures,
excluding agricultural use of land.
The development of a mobile home park or the expansion of an
existing mobile home park within the context of the definition of
said term as contained within this chapter.
A development of a parcel of land which contains not more than
three detached single-family residential structures, whether developed
initially or cumulatively, shall be classified as a minor land development;
all other uses classified as a land development shall be deemed to
be a major land development.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a propriety interest in land.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit, for principal and accessory buildings or
structures.
The total horizontal area within the lot lines of a lot.
The area of land contained within the limits of the legally
described property lines bounding the lot.
The area of land contained within the limits of the legally
described property lines bounding the lot, exclusive of any street
or railroad rights-of-way, common open space, easements for the purposes
of access, utility, or stormwater management, prohibitively steep
slopes, the Floodplain Conservation District, and wetlands as defined
by this chapter.
A lot abutting on and at the intersection of two or more
streets.
Determined by dividing that area of a lot which is occupied
or covered by the total horizontal projected surface of all buildings,
including covered porches and accessory buildings and structures,
by the gross area of that lot.
The average horizontal distance between the front and rear
lot lines.
The lot line separating a lot from a street right-of-way.
A line dividing one lot from another lot or from a street
or alley.
The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line. A lot
bounded by only three lot lines will not have a rear lot line.
Any lot line not a front or rear lot line.
A lot which exists as shown or described upon a plat or deed
and duly recorded in the Office of the Recorder of Deeds of Luzerne
County, Pennsylvania, on the effective date of the adoption of this
chapter.
A lot having both its front and rear yards abutting on a
street.
The horizontal distance between side lot lines, measured
at the required front setback line.
A structure, transportable in one or more sections, which
is built upon a chassis and is designed for use with or without a
permanent foundation when connected to the required utilities. The
term shall include park trailers, travel trailers, recreational and
other similar vehicles placed upon a site for more than 180 consecutive
days.
A parcel, or contiguous parcels of land, which has been planned
and improved for the placement of two or more manufactured homes.
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 facility licensed by the Pennsylvania Department of Health
to use the drug methadone in the treatment, maintenance or detoxification
of persons.
The refinement of minerals by the removal of impurities,
reduction in size, transformation in state, or other means to specifications
for sale or use, and the use of minerals in any manufacturing process
such as, but not limited to, concrete or cement batching plants, asphalt
plants and manufacture of concrete and clay products.
Any aggregate or mass of mineral matter, whether or not coherent.
The term shall include, but it is not limited to, limestone and dolomite,
sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc
ore, vermiculite and clay, anthracite and bituminous coal, coal refuse,
peat, and crude oil and natural gas.
A transportable, single-family dwelling intended for permanent
occupancy, 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
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 erections thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
(Also see "hotel.") A building or group of buildings containing
apartments and/or rooming units, each of which maintains a separate
outside entrance and primarily offering transient lodging accommodations
to the general public. Such building or group of buildings may also
provide additional services such as restaurants, meeting rooms, and
recreational facilities.
The Township of Bear Creek, Luzerne County, Pennsylvania.
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 with those normally associated with a residential use. The business or commercial activity must also comply with the applicable supplemental requirements contained in Article VIII of this chapter.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extent of use provisions in the
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use and/or other provisions in the Zoning Ordinance
or amendment heretofore or hereafter enacted, where such use was lawfully
in existence prior to the enactment of such ordinance or amendment
to its location by reason of annexation.
A facility, as defined under current state licensing requirements,
that provides nursing care and related medical or other health services
for a period of twenty-four hours or more for individuals not in need
of hospitalization, but who because of age, illness or other infirmity,
require high-intensity comprehensive planned nursing care.
A building or portion thereof containing rooms and/or space
for conducting the affairs of a business, profession, service, industry
or government.
An area that is intended to provide light and air, and is
designed for environmental, scenic, or recreational purposes. Open
space may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas, and watercourses. Open space shall not
be deemed to include driveways, parking lots, or other surfaces designed
or intended for vehicular travel.
An outdoor fuel-burning appliance designed and constructed
to burn wood, coal or other recognized fuel in compliance with the
manufacturer's recommended specifications. An outdoor fuel furnace
shall be deemed to be an accessory structure intended for heating
a structure that may be detached and separate from the accessory structure
which contains the outdoor fuel furnace.
The keeping, in an unroofed area, of any goods, material,
merchandise, equipment or vehicles which are related to the operation
of a commercial business, excluding the storage of solid waste, hazardous
substances, refuse, junk, junked vehicles, discarded and/or any inoperative
durable items.
A continuous quantity of land in the possession of or owned
by, or recorded as the property of, the same person or persons.
An unobstructed space or area other than a street or alley
that is permanently reserved and maintained for the parking of one
motor vehicle.
An open recreational area or structure, without roof, constructed
no higher than six inches from the ground level and resting directly
on the ground. It may be attached to or detached from the principal
building and may be constructed using wood, masonry, pavement, stone,
or other material suitable for that purpose.
A support for a building or structure, reaching below the
frost line, consisting of a full poured concrete or masonry foundation
or any other type which is permitted under the design standards of
the Pennsylvania Uniform Construction Code, on which the building
or structure is anchored and is intended to remain indefinitely.
Any enterprise conducted for gain, which primarily offers
services to the general public, such as shoe repair, valet service,
watch repairing, barber shops, beauty parlors, and related activities.
A facility, as defined under current state licensing requirements,
and licensed as a such, in which food, shelter and personal assistance
or supervision are provided for a period exceeding 24 consecutive
hours for more than three adults who are not relatives of the operator
of the facility and who require assistance or supervision in such
matters as dressing, bathing, diet or medication prescribed for self
administration but who do not require hospitalization or care in a
skilled nursing or intermediate care facility.
A building used for religious services, including churches,
synagogues, mosques and similar edifices.
An area of land, controlled by a landowner, to be developed
as a single entity for a number of dwelling units, with a development
plan which does not correspond in lot size, bulk or type of dwelling
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of this chapter.
The Planning Commission of Bear Creek Township.
The main use of land or structures, as distinguished from
a secondary or accessory use.
Something owned, operated and supported by private individuals
or a corporation, rather than by government, and not available for
public use.
A nonprofit corporation organized by the developer or home
owners of a residential development for the purpose of establishing
an association of all property owners in a private development which
purposes shall include the ownership and maintenance of open space
common area and all development improvements and facilities.
Something owned, operated and supported by the community,
residents or other entity, governmental or private, for the use and
benefit of the general public.
A formal meeting held pursuant to public notice by the Bear
Creek Township Board of Supervisors, Planning Commission or Zoning
Hearing Board, which is intended to inform and obtain public comment
prior to taking action on a particular subject matter or development.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[2]
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.
Public parks and administrative, cultural and service buildings,
excluding public land or buildings primarily devoted to the storage
and maintenance of equipment or material.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves, or structures,
pumping stations; telephone exchanges, and all other facilities, equipment
and structures necessary for conducting a service by a public utility
under the jurisdiction of the Pennsylvania Public Utility Commission,
in accordance with Section 619 of the Pennsylvania Municipalities
Planning Code, Act 247, as amended.[3]
A private corporation or municipal authority with an exclusive
franchise for providing a public service that operates under regulations
of federal, state and/or local government.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
Recreational facilities operated as a business and open to
the public for a fee.
Recreational facilities other than commercial or public,
not operated for a profit, and only open to its members and their
guests.
Recreational facilities operated as a nonprofit enterprise
by a governmental entity or a 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 as a recommendation
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 proceedings
upon request, with copies thereof provided at the cost of reproduction.
A business establishment whose principal business is the
selling of unpackaged food to the customer in a ready-to-consume state,
in individual servings, or in indispensable containers, and where
the customer consumes these foods while seated at tables or counters
located within the building.
An establishment which offers quick food service, including
drive-through service, which is accomplished through a limited menu
of items already prepared or prepared, fried, or grilled quickly.
Orders are not generally taken at the customer's table and food is
generally served in disposable wrapping or containers.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, electric transmission line, oil or gas
pipeline, water main, sanitary or storm sewer line, or other special
use.
Land that is traversed or bounded by a natural watercourse.
A room or rooms, in a boardinghouse and/or rooming house
forming a single habitable unit intended for living quarters but lacking
separate bathroom, toilet and sanitary facilities and facilities for
cooking and sleeping for exclusive use by occupant or occupants of
the rooming unit.
A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrial and orbital
based uses. This definition is meant to include but not be limited
to what are commonly referred to as satellite earth stations. TVROs
(television-reception-only satellite dish antennas), and satellite
microwave antennas. A satellite dish antenna that does not exceed
three feet in diameter and is attached to a building shall be exempt
from securing zoning approval.
A facility that provides a curriculum of elementary and secondary
academic instruction, including kindergartens, elementary schools,
junior high schools, and high schools that are licensed by the state
as such.
The method by which a view of one site from another adjacent
site is shielded, concealed, or hidden. Screening techniques include
fences, walls, hedges, berms, or other features.
The actual seating capacity of an area based upon the number
of seats or one seat per 18 inches of bench or pew length. For other
areas where seats are not fixed, the seating capacity shall be determined
as indicated by the most recent standards under the BOCA Code or Pennsylvania
Uniform Construction Code, based upon the more restrictive standards.
A building or group of buildings in a controlled access and
fenced compound that contains varying sizes of individual compartmentalized,
and controlled access stalls or lockers which are leased to individuals
for the storage of the individual's property, possessions or wares.
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
A sanitary sewage collection system, approved by the Pennsylvania
Department of Environmental Protection, in which sewage is carried
from individual lots by a system of pipes to a central treatment and
disposal facility.
Any facility designed to biochemically treat sewage within
the boundaries of an individual lot in accordance with the applicable
rules and regulations of the Pennsylvania Department of Environmental
Protection.
SEXUALLY ORIENTED BOOKSTOREAn establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:
Books, magazines, periodicals, or other printed matter, or photographs,
films, motion pictures, videocassettes, slides, or other visual representations
that are characterized by an emphasis upon the depiction or description
of specified sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
SEXUALLY ORIENTED ENTERTAINMENTA nightclub, bar, restaurant, club or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videocassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE PARLORAn establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
SPECIFIED ANATOMICAL AREASSpecified anatomical areas, as used above within the definitions of "adult bookstore" and "adult entertainment" means and includes any of the following:
SPECIFIED SEXUAL ACTIVITIESSpecified sexual activities as used above within the definitions of "adult bookstore" and "adult entertainment" means and includes any of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy;
Masturbation, actual or simulated; or
Excretory functions as part of or in connection with any of
the activities set forth as an "adult use."
A group of commercial establishments planned, constructed,
and managed as a total entity with customer and employee parking provided
on-site and designed for the provision of goods delivery separated
from customer access.
A structure or device designed or intended to convey information
to the public in written or pictorial form.
The entire area within a continuous perimeter, enclosing
the extreme limits of sign display, including any frame or border.
Curved, spherical, or any other shaped sign face shall be computed
on the basis of actual surface area. The copy of signs composed of
individual letters, numerals, or other devices shall be the sum of
the area of the smallest rectangle or other geometric figure encompassing
each of said letter or devices. The calculation for a double-faced
sign shall be the area of one face only. Double-faced signs shall
be so constructed that the perimeter of both faces coincide and are
parallel and not more than 24 inches apart.
A plan prepared to scale, showing accurately and with complete
dimensions, the boundaries of a site and the location of all buildings,
structures, uses, and features proposed for a specific parcel of land.
A wind energy conversion system that is incidental and subordinate
to another use on the same parcel and supplies electrical power solely
for on-site use, which is intended to primarily reduce consumption
of utility power at that location and not for resale.
Any facility whose operations include the following as defined
and regulated by the Pennsylvania Department of Environmental Protection:
landfills, transfer facilities, refuse vehicle staging areas, resource
recovery facilities, waste disposal and processing facilities, and
recycling facilities.
Any garbage, refuse, industrial, lunchroom or office waste
or other material including solid, liquid, semisolid or contained
in gaseous material, resulting from the operation of residential,
municipal, commercial or institutional establishments and from community
activities, excluding "hazardous substances" as so defined by this
chapter and "hazardous waste," as so defined by the Pennsylvania Department
of Environmental Protection, pursuant to Chapter 271.1, under the
Solid Waste Management Act, as amended.[4]
A use which may only be permitted in a particular zoning
district, by special approval, granted by the Zoning Hearing Board
in accordance with the applicable provisions of this chapter.
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, the space between such floor and the ceiling
above. A basement shall be counted as a story if its ceiling equals
or exceeds five feet of the finished ground surface adjoining the
exterior walls of such story.
A public (dedicated) or private (undedicated) right-of-way,
whether or not improved, intended for use by vehicular and pedestrian
traffic.
Any man-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
The division or redivision of a lot, tract or parcel of land
into two or more lots, tracts or 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 of buildings or lot development.
(See Article VIII, Supplemental Regulations.) The cutting and removal of trees from their growing site, including the attendant operation of cutting and skidding machinery, for commercial purposes which does not involve any land development.
(Also see "communications tower.") A structure situated on
a nonresidential site or lot which is intended for transmitting or
receiving television, radio, or telephone communications.
A single structure consisting of not less than three or more
than six dwelling units. Each dwelling unit shall have direct ground-level
access to the outdoors and connected to other dwelling units by one
or more party walls with no opening or connecting interior access
between units. No dwelling units shall be located over or below another
unit.
Township of Bear Creek, Luzerne County, Pennsylvania.
A facility which receives and temporarily stores solid waste
at a location other than the generation site, which facilitates the
bulk transfer of accumulated solid waste to another facility or site
for further processing and/or disposal of said solid waste. Said use
shall be classified and regulated as a "solid waste facility."
A structure, building and/or land consisting of a storage
area, management and dispatch office and loading and unloading facilities
connected with receipt or delivery of freight shipped by truck.
The distance measured from the surface of the tower's foundation
to the highest point of the turbine rotor plane at its furthest vertical
extension.
A waiver granted by the Zoning Hearing Board from the terms and requirements of this chapter in accordance with § 127-60 of this chapter.
A building used primarily for storage of goods and material.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, excluding the bulk storage of material
that are flammable, explosive, hazardous or commonly recognized as
offensive.
A public or privately owned system, under the jurisdiction
of the Pennsylvania Public Utility Commission, designed to transmit
potable water from a common source to users, and in compliance with
the governing standards of all applicable state agencies. Any water
supply system not deemed as a centralized water supply system shall
be deemed to be an on-site water supply system.
Any stream, creek, river, channel or similar waterway in
which water flows in a definite direction or course, either continuously
or intermittently, and has a definite channel, bed, and banks.
A WECS that is the prime use on a parcel of land and supplies
electrical power for off-site use.
Those areas that are inundated or saturated by the surface
or ground water at a frequency or duration sufficient to support,
and under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania
Coastal Zone Management Plan and any wetland area designated by a
river basin commission.
A machine designed for the purpose of converting wind energy
into electrical energy. (Commonly known as "wind turbine" or "windmill".)
The term "WECS" shall be used interchangeably with the terms "wind
turbine" or "windmill," with said terms having the same meaning as
a "wind energy conversion system" (WECS).
A commercial electric generating facility, whose main purpose
is to supply electricity to off-site customer(s), consisting of one
or more commercial WECS, and other accessory structures and buildings,
including substations, meteorological towers, electrical infrastructure,
transmission lines and other appurtenant structures and facilities.
An open space that lies between the principal building and
the nearest lot line. Such yard is unoccupied and unobstructed from
the ground up except for accessory buildings or projections which
are expressly permitted by this chapter.
A space extending the full width of the lot between the principal
building and the front lot line and measured perpendicular to the
building at the closest point to the front lot line.
A space extending the full width of the lot between the principal
building and the rear lot line and measured perpendicular to the building
at the closest point to the rear lot line.
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
from the side lot line to the closest point of the principal building.
A portion of Bear Creek Township illustrated upon the Official
Zoning Map, within which certain uniform regulations and requirements
apply under the provisions of this chapter.
The Zoning Hearing Board of Bear Creek Township, Luzerne
County, Pennsylvania.
The Official Map which is part of this chapter and indicates
and delineates the zoning districts of Bear Creek Township, Luzerne
County, Pennsylvania.
The administrative officer appointed by the governing body
to administer and enforce the Zoning Ordinance of Bear Creek Township,
Luzerne County.
