A.Â
Unless otherwise expressly stated, the following words, phrases and
certain terms shall be construed throughout this chapter to have the
meanings indicated below.
B.Â
Tense, gender and number. Words used in the present tense include
the future; words in the masculine gender include the feminine and
the neuter; the singular includes the plural and the plural the singular.
C.Â
General terms. The word "shall" or "must" is always mandatory; the
word "may" or "should" is permissive. The word "used" shall include
the words "arranged," "designed," "maintained," "occupied" or "intended
to be used for." The word "building" includes "structure" and shall
be construed as such if followed by the phrase "or part thereof."
The word "person" includes "individual," "company," "incorporated
association" or other similar entities. The word "abut" shall include
the words "directly across from."
The terms that are listed below, unless otherwise expressly
stated, shall have the following meanings throughout this chapter:
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth pursuant to the Act.[1]
[Added 7-16-2018 by Ord.
No. 2018-07]
A second dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure
on the same lot as the principal building, for use as a complete,
independent living facility with provision within the accessory apartment
for cooking, eating, sanitation and sleeping. Such a dwelling is an
accessory use to the principal building, and is permitted only for
occupancy of a relative of the owner-occupant of the principal dwelling,
and for only as long as the relative is in residence in the unit.
A building (such as a private garage, private swimming pool
and appurtenant bathhouse, private toolhouse or children's playhouse
or a noncommercial greenhouse) which is subordinate and accessory
to a principal building on the same lot and which is used for purposes
customarily incidental to those of the principal building.
A structure serving a purpose customarily incidental to the
use of the principal building and located on the same lots as the
principal building.
A use subordinate to the principal use of land or a building
on a lot and customarily incidental thereto.
An area designed and constructed for outdoor recreational
use including playground equipment such as slides, swings and climbing
apparatus.
Any construction which increases the size of a building or
adds to a building.
A state of being side by side, next to, adjoining, contiguous
or abutting one to another.[2]
A use with a significant portion of the market value of its
products offered for sale or rent, or over 10% of its total retail
floor area occupied by books, films, magazines, videotapes, coin-
or token-operated films or videotapes, paraphernalia, novelties, or
other periodicals which are distinguished or characterized by a clear
emphasis on depicting, displaying or relating to uncovered male or
female genitals or "specified sexual activities." These materials
shall include but not be limited to those that would be illegal to
sell to persons under age 18 under state law.
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" to three or more
persons and which is related to some form of monetary compensation
paid to the person or entity operating the use or to persons involved
in such activity.
A use involving the on-site presentation to three or more
persons at one time of motion pictures, videotapes or similarly reproduced
images distinguished or characterized by an emphasis on depiction
of "specified sexual activities" for observation by such persons and
that is related to some form of monetary compensation paid by the
persons viewing such matter.[3]
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. 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 cultivation of the soil and the raising and harvesting
of the products of the soil, including but not limited to nursery,
horticulture and forestry; also including the housing, grazing or
breeding of livestock, birds or fowl for commercial purposes.
As applied to building, structure, or sign, means a change,
rearrangement, renovation, relocation, or enlargement in the structural
parts or exterior or which would change its use classification.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
A building or part of a building in which five or more pinball
machines, video games, or other similar player-operated amusement
devices are maintained.
Any dog, cat, equine animal, bovine animal, fowl, sheep,
goat or porcine (swine) animal and other customary household pets.
An animal belonging to the family Equidae, which comprises
horses, zebras, and asses.
Members of the family Felidae except those species commonly
called "house cats" and members of the family Canidae except those
licensed by the Pennsylvania Department of Agriculture. Exotic animals
shall also include all nonnative animals, but excepting small animals
and birds customarily kept as house pets.
An establishment offering veterinary services for all types
of animals and which may include indoor and overnight boarding of
animals.
One thousand pounds live weight of livestock or poultry animals,
regardless of the actual numbers of animals comprising the unit as
defined by the Pennsylvania Nutrient Management Act.[4]
All animals falling into one of the following categories
as defined by Title 34 of the Pennsylvania Game and Wildlife Code:[5]
BIG GAMEElk, deer, bear and wild turkey.
FURBEARERBadger, fisher, mink, muskrat, opossum, otter, pine marten, striped and spotted skunk, beaver, raccoon, all weasels, red and gray foxes, coyote, ground hog, and bobcat.
GAME ANIMALSElk, deer, bear, cottontail, snowshoe hare, red, gray and fox squirrels.
GAME BIRDSGeese, brant, wild ducks, mergansers and swans, coots, gallinules, rails, snipe, woodcock, turkeys, grouse, pheasants, Hungarian partridges, bobwhite quail, and mourning doves.
Any exterior device or apparatus designed for cellular, digital,
telephonic, radio, pager, commercial mobile radio, television, microwave
or any other wireless communications through sending and/or receiving
of electromagnetic waves, including, without limitation, omnidirectional
or whip antennas and directional or panel antennas. 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.
The vertical distance measured from the base of the antenna
support structure at grade to the highest point of the structure,
including any antennas attached thereto or forming a part thereof.
If the support structure is on a sloped grade, then the average between
the highest and lowest grades shall be used in calculating the antenna
height.
Any communication tower or any other structure which supports
a device used in the transmitting and/or receiving of electromagnetic
waves.
Any dwelling unit which is located within a single structure
along with at least one other dwelling unit or with a nonresidential
use, each having a separate location within such structure.
A landowner or developer, as hereinafter defined, who has
filed an application for a building and zoning permit, including his
heirs, successors and assigns.
Every application, whether preliminary or final, required
to be filed and approved prior to start of construction or development,
including, but not limited to, an application for a building permit,
for the approval of a subdivision, plat or plan or for the approval
of a development plan.[6]
An area in a building containing space below the first or
main floor, having a ceiling not more than four feet above the average
outside ground level.
A dwelling occupied by the bed-and-breakfast business owner,
where between one and five rooms are rented to overnight guests on
a nightly basis for periods of not more than 30 days. Breakfast for
overnight guests is the only meal that may be provided.
A room or group of rooms in a bed-and-breakfast inn forming
a single habitable unit used or intended to be used for living and
sleeping, but not cooking or eating purposes.
A tower or a room in a tower for a bell or set of bells.
An earthen mound designed to create a visual and/or sound
barrier between a use and adjoining properties, streets, and adjacent
uses.[7]
The Pocono Township Zoning Hearing Board.
A dwelling in which the owner rents at least one room for
residential purposes and furnishes meals to the boarders for compensation.
(See also "rooming house or lodging house.")
The Board of Commissioners of Pocono Township, Monroe County,
Pennsylvania.
A landscaped area intended to be used as means of limiting
the effects created by a use on adjoining properties, streets and
uses.
Any type of structure having a roof used for the shelter,
housing or enclosure of persons, animals or property.
That portion of a lot, excluding required setback area and
side yard, upon which a structure can be erected.
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 of a building measured from the average
level of the highest and lowest ground grade of the building to the
highest point of the roof.
The line parallel to the street right-of-way line at a distance
therefrom equal to the depth of the front yard setback requirement
for the district in which the lot is located.
A building in which is conducted the main or principal use
of the lot on which it is situated.
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit, excluding retail,
manufacturing and industrial. The term "business" shall include the
occupancy or use of a building or lot or any portion thereof for the
transaction of business or the rendering or receiving of professional
service.
A building used as offices and occupied by personnel to perform
business, professional, administrative or clerical functions excluding
retail, manufacturing and industrial.
A business park is an area organized and laid out in accordance
with an overall plan for a community of businesses, including the
servicing of these businesses, and designed to insure compatibility
between the business operations in the park and the surrounding area
through such devices as landscaping, architectural control, setbacks,
and use requirements.
Includes such uses as banks, credit unions, loan and insurance
agencies, utility offices, government, business and professional offices,
medical or dental office facilities.
A planned development, under single ownership, for rental,
license or lease only of sites for use as tent and/or recreational
vehicle camping, on a temporary basis only, with recreational and
service facilities, including central water and sewage.
The individual designated by a patient to deliver medical
marijuana.
[Added 7-16-2018 by Ord.
No. 2018-07]
A roofed-over structure open on two or more sides and used
for the storage of private vehicles in conjunction with a dwelling.
The designated travel surface of a road, lane, street, alley
or other public way. Wherever curbs are installed or designated, the
curbline shall be considered the cartway line. When designated by
ordinance, any street or roadway width definition shall include the
cartway width along with the right-of-way width dimension.
A commercial communications antenna site occupied by a cellular
telephone antenna and accessory facilities.
Land used for the purpose of burial of the deceased, including
crematoriums and mausoleums when operated in conjunction with the
cemetery and located within the boundaries of the cemetery.
The Governor's Center for Local Government Services located
within the Department of Community and Economic Development.
The center of the surveyed street, road, lane, alley, or
alley right-of-way, or, where not surveyed, the center of the traveled
cartway.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth pursuant
to the Act.[8]
[Added 7-16-2018 by Ord.
No. 2018-07]
A change of use theretofore existing within a building or
on a lot to a new use which makes applicable other provisions of this
chapter. Any change of use that involves the conversion of a vehicle
service station must comply with Chapter 245 of Title 25 of the Pennsylvania
Code concerning tank removal.
Any dwelling, building, or portion thereof, including any on-site
outdoor play area, where regular child or adult day-care services
other than the following are provided: the temporary or occasional
care of any number of children or adults not related to the person
giving care which takes place at the home of the person giving care;
the temporary or occasional care of any number of children or adults
at a dwelling unit customarily and regularly occupied by the children
or adults as their residence.
Child and adult day-care facilities shall be further differentiated
by the following two classifications:
DAY-CARE HOMEAny premises or dwelling unit, other than the home of the child or adult being provided care, where the day-care areas are being used as a family residence, operated for profit or not for profit, in which day care is provided at any one time to up to six nondependent children or adults per day.
DAY-CARE CENTERA facility which provides care for:
A nonprofit use of land or a building or buildings, structure,
or group of buildings or structures, as a place of public worship,
including accessory uses such as convents, church-related educational
and/or day-care facilities, monastery or similar religious institution,
including rectories, parsonages and parish houses in connection therewith
when located on the same premises.
An entity that:
[Added 7-16-2018 by Ord.
No. 2018-07]
Holds a permit both as a grower/processor and a dispensary pursuant
to the Act;[9] and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
The use of land and/or a building for examination, diagnosis,
and treatment of ill or afflicted human outpatients, including office,
accessory laboratories and/or dispensaries for the use of physicians,
dentists, technicians and pharmacists.
Locating wireless communications equipment from more than
one provider on a single site.
A business offering dormitories, cottages, cabins or similar
accommodations, eating facilities, sanitary facilities and recreational
and/or education facilities to the public at large or any segment
of the public on other than a transient basis. This definition does
not include "trailer camp."
A use of land or improvements thereto for the purpose of
engaging in retail, wholesale, or service activities for profit.
The Pocono Township Planning Commission.
The Board of Commissioners of Pocono Township.
An entity licensed by the FCC or a state agency to supply
local and/or long-distance telecommunications services to the general
public at established and stated prices.
A parcel or parcels of land or an area of water or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of the development or planned
unit development or planned residential development. It does not include
streets, off-street parking areas, private yard space and areas set
aside for public facilities. Common open space shall be substantially
free of structures but may contain such improvements as are in the
development plan as finally approved by the governing body and as
are appropriate for recreational use by the residents.
The Commonwealth of Pennsylvania.
[Added 7-16-2018 by Ord.
No. 2018-07]
An unmanned building or cabinet containing communications
equipment required for the operation of antennas and covering an area
on the ground not greater than 250 square feet.
A guyed, monopole or self-supporting tower, constructed as
a freestanding structure or in association with a building, other
permanent structure or equipment, containing one or more antennas
intended for transmitting and/or receiving television, AM/FM radio,
digital, microwave, cellular, telephone or other similar forms of
electronic communication. The term includes, but is not limited to,
radio and television transmission towers, personal communications
service towers (PCS), microwave towers, common-carrier towers, cellular
telephone towers, alternative tower structures and the like. This
definition does not include any structure erected solely for a residential,
noncommercial individual use, such as television antennas, satellite
dishes or amateur radio antennas.
The Township document setting forth policies for future growth
and development of the Township prepared by the Township Planning
Commission pursuant to the Pennsylvania Municipalities Planning Code[10] as adopted by the governing body.
A structure, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions. A structure is not a condominium
unless the undivided interests in the common elements are vested in
the unit owners.
Wise use of natural resources and the planned management
of a natural feature or resource to prevent its exploitation, destruction
or neglect.
An agreement or correspondence between matters being compared
which denotes a reasonable rational, similar, connection or relationship.
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same and having a gross floor area of less than 5,000 square feet.
To change or adapt land or structures to a different use,
occupancy or purpose.[11]
A land use and growth management plan prepared by the County
Planning Commission and adopted by the County Commissioners which
establishes broad goals and criteria for municipalities to use in
preparation of their Comprehensive Plan and land use regulation.
The Monroe County Planning Commission and its professional
staff.
A strip of land, including a right-of-way dedicated to public
use, to facilitate pedestrian access through or into a block.
A small structure built on top of a roof usually consisting
of a rounded roof.
A proposed zoning amendment made to the governing body by
any landowner desiring to challenge, on substantive grounds, the validity
of an ordinance or map or any provision thereof which prohibits or
restricts the use or development of land in which the landowner has
an interest.
Any place licensed by the Commonwealth of Pennsylvania and
which is authorized to provide regular instruction and/or daytime
care.
The final adjudication of the Zoning Hearing Board or the
Board of Commissioners for cases under its jurisdiction as identified
in this chapter. Appeals from a decision go directly to the Court
of Common Pleas.
The deliberate conveyance of land by its owner to the Township
for any general and public, or limited public, use, reserving no other
rights than such as are compatible with the full exercise and enjoyment
of the public uses to which the property has been devoted.
A measure of the number of dwelling units which occupy, or
may occupy, an area of land.
The number of dwelling units in relation to an area of land
actually in use or proposed to be used for residential purposes, excluding
public rights-of-way, whether exterior or interior, but including
interior parking areas and access lanes, sidewalks, parks, playgrounds,
common open spaces, etc. In the case of applications for planned residential
development, "gross residential density" is defined as the number
of dwelling units per acre, computed by dividing the number of dwelling
units proposed by the number of acres in the development exclusive
of areas to be devoted to commercial use.
The number of dwelling units in relation to the land area
actually in use or proposed to be used for residential purposes, exclusive
of public rights-of-way, streets, sidewalks, parks, playgrounds, common
open spaces, etc.
The Pennsylvania Department of Environmental Protection.
A region within a county or counties described in a municipal
or multimunicipal plan that preferably includes and surrounds a city,
borough or village, and within which residential and mixed use development
is permitted or planned for at densities of one unit to the acre or
more, commercial, industrial and institutional uses are permitted
or planned for and public infrastructure services are provided or
planned.
A final action by an officer, body, or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The governing body;
The Zoning Hearing Board; or
The planning agency, only if and to the extent the planning agency is charged with final decision on preliminary or final plans under Chapter 390, Subdivision and Land Development, of the Code of the Township of Pocono, or planned residential development provisions.
Determinations shall be appealable only to the boards designated
as having jurisdiction for such appeal.
Any landowner, equitable owner, agent of such landowner or
tenant with the permission of such landowner who makes or causes to
be made a subdivision of land or a land development.
Any man-made change to improved or unimproved real estate,
including but not limited to the construction, reconstruction, renovation,
repair, expansion, or alteration of buildings or other structures;
the placement of manufactured homes; streets and other paving; utilities;
filling, grading and excavation; mining; dredging; drilling operations;
storage of equipment or materials; forestry; and the subdivision of
land.
Any land development that, because of its character, magnitude,
or location will have substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit issued by the Department of Health
("DOH") of the commonwealth to dispense medical marijuana pursuant
to the provisions of the Act.[12]
[Added 7-16-2018 by Ord.
No. 2018-07]
Any building or structure used to dispense medical marijuana
by a licensed dispensary.
[Added 7-16-2018 by Ord.
No. 2018-07]
A portion of the territory of the municipality within which
certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
A structure used primarily as a residence for multiple persons
not related by blood or marriage. A dormitory shall include but not
be limited to housing for students, fraternities and sororities and
also all other structures occupied by groups of persons unrelated
by blood or marriage sharing a dwelling as their primary permanent
residence. Dormitories shall not include rooming houses, nursing/convalescent
homes, group-care facilities, or any housing arrangement where a group
of persons unrelated by blood or marriage live together in a manner
similar to a traditional nuclear family.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permits customers
to receive a service, obtain a product, or be entertained while remaining
in a motor vehicle. Accessory services provided for customers which
do not require the direct assistance of personnel of the establishment
outside of the confines of the building (e.g., self-service gasoline
pumps, vending machines, automatic teller machines, etc.) shall not
be encompassed in this definition.
Any portion of a building or structure from which business
is transacted, or capable of being transacted, directly with customers
located in a motor vehicle during such business transactions.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having frontage
on the road.
Any building, vehicle or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons
as further defined below. The term "dwelling" shall not be deemed
to include automobile court, rooming house, tourist home, hotel, motel,
hospital, nursing home, dormitory, fraternity, sorority house or other
group residence, as defined herein.
DWELLING, SINGLE-FAMILYA detached building designed for and occupied exclusively by one family, except for a mobile home, as defined below.
DWELLING, TWO-FAMILYA detached or semidetached building containing two dwelling units.
DWELLING, MULTIFAMILYA building containing three or more dwelling units.
DWELLING, 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.
DWELLING UNITOne 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 and containing a minimum of 700 square feet or such other minimum habitable floor area as may be set forth in any building and/or housing code in force in the Township.
A right-of-way granted for limited use of private land for
a public, quasi-public, or private purpose not inconsistent with a
general property right of the owner, and within which the owner of
the property shall not have the right to use the land in a manner
that violates the right of the grantee.[13]
A structure or part thereof operated as a temporary or transitional
shelter for persons who lack fixed, regular, and adequate nighttime
residences. Rules of conduct, such as curfew, may be established by
the shelter operator as a condition of residency; however, residents
are in no way incarcerated. Such facility shall be designed to provide
shelter for homeless adults and/or children only until permanent living
arrangements can be obtained.
A person duly licensed as a professional engineer by the
Commonwealth of Pennsylvania.
The Pocono Township Engineer or any consultant designated
by the Board of Commissioners to review a subdivision plan and perform
the duties of engineer on behalf of the Township.
Includes the provision of gas, electrical, steam, communication,
telephone, sewer, waste material, water, public safety and other similar
services. The facilities required to provide such services shall consist
of:
Limited facilities including equipment such as poles, towers,
wires, mains, drains, sewers, pipes, conduits, cables, fire alarm
boxes, police call boxes, traffic signals, hydrants and other similar
equipment which does not require enclosure within a building or which
can be constructed within a public right-of-way.
Major facilities including equipment which requires enclosure
within a building or construction on its own site such as gas storage
areas, solid waste substations, substations, telephone exchanges and
telephone booths.
Dynamite, gunpowder, fuse, blasting caps, electric blasting
caps or detonators, electric squibs or other squibs, and other explosives.
This shall not prohibit the storage of gunpowder and primers to be
used for reloading of ammunition for personal use.
One or more persons, related by blood, adoption or marriage,
living and cooking together in a dwelling unit as a single housekeeping
unit or a number of persons living and cooking together in a dwelling
unit as a single housekeeping unit though not related by blood, adoption
or marriage, provided that they live together in a manner similar
to a traditional nuclear family.
The Federal Communications Commission.
The act of cutting a standing tree so that it falls to the
ground.
Any artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land.
A combustible or explosive composition, substance or combination
of substances, or article prepared for the purpose of producing a
visible or an audible effect by combustion, explosion, deflagration
or detonation.
A building or structure in which the manufacture of fireworks,
other than sparklers, or in which processing involving fireworks is
carried on.
Lands with buildings thereon, used in connection with the
manufacturing or processing of fireworks, as well as the storehouses
for the storage of finished fireworks.
A building in a fireworks plant used exclusively for the
storage of finished or unfinished fireworks of less than 100 pounds.
A relatively flat or low land area adjoining a river, stream
or watercourse which is subject to partial or complete inundation
or flooding. Floodplain boundaries are frequently shown for the floods
having recurrence intervals of 10, 50, 100 and 500 years according
to the latest Flood Insurance Rate Map prepared by the Federal Emergency
Management Agency.
The designated area of a floodplain required to carry the
discharge waters of a given magnitude. For purposes of this chapter,
the floodway shall be capable of a flood of one-hundred-year magnitude.
The floodway must be kept free of encroachment in order that the one-hundred-year
flood is carried without substantial increases in flood heights as
defined and regulated by the Pennsylvania Department of Environmental
Protection.
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 the exterior walls, excluding crawl spaces,
garages, carports, attics without floors, open porches, balconies
and terraces.
The elevation of the principal floor of any dwelling or building,
usually expressed in feet and hundredths of a foot above mean sea
level.
Managing and using for human benefit forests and timberlands
and natural resources that occur on and in association with forest
and timberlands, including trees, other plants, animals, soil and
water. It includes, but is not limited to, the planting, cultivating,
harvesting, transporting, and selling of trees for commercial purposes.
A person who has a two-year degree in forestry or demonstrates
proper experience in forestry and is associated with as a member of
the Society of American Foresters.
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variant and quantity or percentage
of medical marijuana or particular active ingredient.[14]
[Added 7-16-2018 by Ord.
No. 2018-07]
A building devoted to the care, embalming, and holding of
services for the dead, including the sale of funeral equipment as
an accessory activity.
An area of a municipal or multimunicipal plan outside of
and adjacent to a designated growth area where residential, commercial
industrial and institutional uses and development are permitted or
planned at varying densities and public infrastructure services may
or may not be provided, but future development at greater densities
is planned to accompany the orderly extension and provision of public
infrastructure services.
Includes any and all gaming uses, including, but not limited
to, off-track betting establishments and other similar activities,
whether or not including a restaurant, nightclub, bar or similar use,
but excluding state lottery programs and betting under the Small Games
of Chance provisions of Pennsylvania law. (See 10 P.S. § 311
et seq.[15])
Any accessory building adapted for the storage of motor vehicles
owned and used by the owner or tenant.
A building designed and used for the storage of automotive
vehicles operated as a business enterprise with a service charge or
fee being paid to the owner or operator for the parking or storage
of privately owned vehicles.
The sensation produced by luminance within the field that
is sufficiently greater than the luminance to which the eyes are adapted,
which causes annoyance, discomfort, or loss in visual performance
and visibility.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit from the DOH to grow and process
medical marijuana in the commonwealth, pursuant to the provisions
of the Act.[16]
[Added 7-16-2018 by Ord.
No. 2018-07]
Any building or structure used to grow medical marijuana
by a licensed grower/processor that has a current and valid license
from the DOH pursuant to the Act.[17]
[Added 7-16-2018 by Ord.
No. 2018-07]
The Board of Commissioners in the Township of Pocono, County
of Monroe, Pennsylvania.
An adjective describing a type of facility or activity owned
and/or operated by a county, state or federal government or government
authority.
The average level of the finished surface of the ground adjacent
to a sign or adjacent to the exterior wall of the building to which
a sign is affixed. The slope expressed in a percent which indicates
the rate of change of elevation in feet per hundred feet.
The completed surfaces of lawns, walks, and roads brought
to grades as shown on official plans or designs relating thereto.[18]
Facilities such as:
All structures, except rooming houses, used primarily as
a residence for multiple persons not related 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 unrelated
by blood or marriage sharing a dwelling as their primary permanent
residence.
A communication tower that is supported, in whole or in part,
by guy wires and ground anchors.
A commercial use with a predominantly manufacturing or industrial
character due to the extent of production, repairing or storing of
goods (such as, but not limited to, contractor's yards or storage
tanks).
An accessory use area, either at ground level or elevated
on a structure, licensed by the federal government or an appropriate
state agency and approved for loading, landing, and takeoff of helicopters.
A use conducted for gain within a dwelling by the residents
thereof, which use is clearly incidental and secondary to the use
for dwelling purposes and does not change its character.
An unincorporated association or not-for-profit corporation
whose membership consists of the lot owners of a residential development.
A homeowners' association shall also include a condominium unit owners'
association. All such associations shall comply with the requirements
for unit owners' associations contained in the Pennsylvania Uniform
Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
A club owned and controlled within a development represented
by the above described homeowners' association for the exclusive use
of the members of said club within the area of the associated development.
Membership shall be limited to those of the homeowners' association
and their families and in no way shall include membership similar
to those associated with private clubs defined elsewhere. Associated
activities of such club shall be only those permitted within the bylaws
of said homeowners' association.
An institution specializing in giving clinical, temporary,
and emergency services of a medical or surgical nature to human patients
and injured persons, and licensed by state law to provide facilities
and services in surgery, obstetrics, and general medical practice.
Hospitals can provide both inpatient and/or outpatient services. For
the purposes of this chapter, "hospitals" include medical and dental
clinics performing inpatient and outpatient surgery but exclude group-care
facilities.
A building or group of buildings containing four or more
rooms, designed, arranged and used for overnight lodging of transients
and the business conduct of which is licensed under applicable laws.[19]
Any portion of a lot covered by material impenetrable by
precipitation, including buildings, structures, parking lots, parking
areas and paved areas.
The maximum ratio obtained by dividing the impervious area
on a lot by the total area of the lot.
Those surfaces which do not absorb rain. All buildings, including
roof overhangs, parking areas, driveways, roads, sidewalks, and such
areas as those in concrete and asphalt shall be considered "impervious
surfaces" within this definition. In addition, other areas determined
by the Township Engineer to be impervious within the meaning of this
definition will also be classed as "impervious surfaces."
An industrial park is an industrial area:
Organized and laid out in accordance with an overall plan for
a community of industries, including the servicing of these industries;
and
Designed to insure compatibility between the industrial operations
in the park and the surrounding area through such devices as landscaping,
architectural control, setbacks, and use requirements.
GENERAL INDUSTRIAL USEManufacturing or storage uses which, because of their shipping, storage and other requirements, are not compatible in close proximity to residential areas.
LIGHT INDUSTRIAL USEManufacturing or storage uses which are characterized by uses of large sites, attractive buildings and inoffensive processes, and which are compatible with neighboring residential uses.
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 where junk is stored, accumulated, disassembled or
disposed of and is consistent with Pocono Township Ordinance No. 18.
Any establishment for the boarding, raising, breeding and
training for a fee of dogs or for any other usual and customary household
pet excluding businesses for the retail sale of pets within a completely
enclosed building.
Includes any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
Development in accordance with Section 503(1.1) of the Municipalities
Planning Code.[20]
A place where logs, pulpwood or firewood are assembled for
transportation to processing facilities.
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 proprietary interest in land. In situations
concerning timber harvesting, the individual, partnership, company,
firm, association, corporation or other entity that is in actual control
of forestland, whether such control is based on a legal or equitable
title, or on any other interest entitling the holder to sell or otherwise
dispose of any or all of the timber on such land in any manner, and
any agents thereof acting on their behalf, such as forestry consultants,
who set up and administer timber harvesting.
The planting of turf, trees, shrubs, and other appropriate
vegetative materials and ground cover within the open areas of a lot
other than for agricultural purposes, and including the maintenance
and replacement thereof, for the purposes of erosion control, retention
of precipitation, protection against the elements, screening and promotion
of human comfort and welfare.
A guyed or self-supporting three- or four-sided, open, steel
frame structure used to support communications equipment.
A planned development designed for the elderly and/or disabled
persons, which may include congregate residences, and/or full health
and continuing care nursing home facilities. A life-care facility
may also include accessory uses such as a community center, personal
service shops, recreation areas and common open areas. Life-care facilities
do not include group-care facilities.
A recorded boundary of a plot or deed.
Discarded items not naturally occurring on the site, such
as tires, oil cans, garbage, equipment parts and other rubbish.
To cut treetops and slash into smaller pieces to allow the
material to settle close to the ground.
A unit into which land is divided or other parcel of land
intended as a unit for transfer of ownership, lease, rent, improvement
or development.
The computed area contained within the lot lines, excluding space within all road rights-of-way and within all permanent drainage easements, but including the areas of all other easements, as required by Chapter 390, Subdivision and Land Development.
A lot situated at and abutting the intersection of two streets.
The mean average horizontal distance between the front and
the rear lot lines.
A lot other than a corner lot, the side property lines of
which do not abut a street.
The property lines bounding the lot.
LOT LINE, FRONTThe line separating the lot from an existing or proposed street right-of-way.
In the case of corner lots, the front lot line shall be that
line separating the lot from the street right-of-way which has the
greater width; the line separating the lot from the other street right-of-way
is called the "side street lot line."
In the case of corner lots, the yard adjacent to the side street
lot line shall be the same as the yard adjacent to the front lot line.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT LINE, STREET OR ALLEYA lot line separating the lot from a street or alley.
A lot with front and rear street frontage, where vehicular
access is prohibited to and from the higher intensity street.
A lot extending between and having frontage on two streets.
The horizontal distance between the side lot lines measured
parallel to the front lot line. In the case of lots fronting on a
cul-de-sac, along a chord perpendicular to a radial line located equidistant
between the side lot lines; said chord shall intersect the radial
line at a point located at a distance from the street right-of-way
line equal to the prescribed front yard distance.
 |
Any establishment or business which provides the services
of massage and body manipulation, including exercises, heat and light
treatments of the body and all forms and methods of physiotherapy,
unless operated by a medical practitioner, chiropractor or professional
physical therapist licensed by the commonwealth. This definition does
not include an athletic club, health club, school, gymnasium, reduction
salon, spa or similar establishment where massage or similar manipulation
of the human body is offered as an incidental or accessory service.
Marijuana for certified medical use as legally permitted
by the commonwealth and the provisions of the Act.[21]
[Added 7-16-2018 by Ord.
No. 2018-07]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more grower/processor facilities
and/or dispensary facilities.
[Added 7-16-2018 by Ord.
No. 2018-07]
A dispensary facility or a grower/processor facility.
[Added 7-16-2018 by Ord.
No. 2018-07]
Any aggregate or mass of mineral matter, whether or not coherent.
The term includes, but 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.
See "dwelling, mobile home."
A parcel of land in a mobile home park, improved with the
necessary utility connection and other appurtenances necessary for
the placement thereon of a single mobile home, which is leased by
the park owner to the occupants of the mobile home placed on the lot.
A parcel of land under single ownership which has been planned and improved for more than two mobile home lots and the rental or lease only of sites for the placement of mobile homes for nontransient use (as described in Chapter 390, Subdivision and Land Development).
A communication tower consisting of a single pole, constructed
without guy wires and ground anchors.[22]
See "hotel/motel."
A plan developed and adopted by any number of contiguous
municipalities, including a joint municipal plan as authorized by
this chapter.
A planning agency comprised of representatives of more than
one municipality and constituted as a joint municipal planning commission
in accordance with Article XI, or its successor section, of the Pennsylvania
Municipalities Planning Code,[23] or otherwise by resolution of the participating municipalities,
to address, on behalf of the participating municipalities, multimunicipal
issues, including, but not limited to, agricultural and open space
preservation, natural and historic resources, transportation, housing
and economic development.
An adjective describing a type of facility or activity owned
and/or operated by a municipality or municipal authority.
For the purposes of this chapter, the code, enacted as Act
247 of 1968, as amended. This definition is intended to include the
current code and any future amendments and shall be referred to hereafter
as "MPC."[24]
Pocono Township, Monroe County, Pennsylvania.
A bar, restaurant, coffee house, or similar establishment
where a dance floor or entertainment is provided.
Any dimension legally existing on the effective date of this
chapter, or any amendments hereinafter enacted, that does not conform
to the district regulations for front, side or rear yards, maximum
impervious coverage or setbacks.
Any lot which does not conform with the minimum width, depth
and area dimensions specified for the district where such a lot is
situated when such lot is legally in existence at the time of passage
of this chapter.[25]
A building, group of buildings, structure or sign which does
not conform to all the applicable provisions of this chapter and which
was legally in existence at the time of passage of this chapter, or
was planned and construction started in compliance with applicable
ordinances and regulations prior to the effective date of this chapter
and completed within a one-year period after the effective date of
this chapter.
A use of land or building which is not a use permitted by
the provisions of this chapter for the district in which such land
or building is situated and which was legally in existence at the
time of passage of this chapter, or was planned and construction started
in compliance with applicable ordinances and regulations prior to
the effective date of this chapter and completed within a one-year
period after the effective date of this chapter.
Any lot or parcel of land used to cultivate, propagate, and
grow trees, shrubs, vines, and any other plants including the buildings,
structures, and equipment customarily incidental and accessory to
the principal use.
An institution that:
Is licensed as a nursing home pursuant to the laws of the Commonwealth
of Pennsylvania or is approved by the agency of the Commonwealth of
Pennsylvania or locality covering Pocono Township responsible for
licensing institutions of this nature as meeting the standards established
for such licensing.
See "permit" or "occupancy permit" under the definition of
"permit."
A tract of land designed and developed for business office
buildings from a single, unified plan involving the layout of lots,
buildings and improvements together with a landscaping and open space
plan in order to achieve a campus theme and efficient use of shared
utilities and roads.
The Official Map established by the Township governing body
pursuant to the Pennsylvania Municipalities Planning Code[26] showing the characteristics of streets, watercourses and
public grounds.
The map established by the Township governing body designating
the location and boundaries of the zoning districts established.
SEWAGE DISPOSAL SYSTEMAny septic system or structure designed to biochemically treat sewage within the boundaries of an individual lot which is approved by PA DEP.
WATER DISTRIBUTION SYSTEMA system for supplying and distributing potable water to a single dwelling or other building from a source located on the same lot.
The ground space, not occupied by any structure, open to
the sky, on the same lot as the principal building.
An individual, partnership, company, firm, association, corporation
or other entity engaged in timber harvesting, including the agents,
subcontractors, and employees thereof.
Outdoor areas used for the temporary parking of vehicles
or specially designed buildings or garages used for the same purposes.
Private parking facilities shall be restricted to use by persons residing
on the premises or by their guests. Public parking facilities shall
be open to the public as an accommodation for customers, clients or
visitors.
Any area not less than nine feet in width and 18 feet in
length, practical and accessible for the parking of motor vehicles.
An open-air, active or combination of active and passive,
recreational facility which is not accessory to any other use on the
same or any other lot, but excluding amusement parks, and further
defined below:
PARK, PLAYGROUND, OR RECREATION AREA, COMMERCIALRecreational facilities operated as a business and open to the general public for a fee.
PARK, PLAYGROUND OR RECREATION AREA, RESTRICTEDRecreational facilities operated for restricted use in conjunction with:
PARK, PLAYGROUND OR RECREATION AREA, PUBLICRecreational facilities operated as a nonprofit enterprise by a governmental or nonprofit organization, and open to the general public.[27]
Any security which may be accepted by the Township in lieu
of a requirement that certain improvements be made by the developer
before the plan is approved, including corporate bonds, escrow or
trust agreements and other similar collateral or surety agreements.[28]
A document issued by Pocono Township 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 Township 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 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 structures.
OCCUPANCY PERMITA permit issued upon completion of the construction of a structure or change in use of 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.
TIMBER HARVESTING PERMITA permit indicating that proposed timber harvesting is in accordance with the provisions of this chapter and authorizing an applicant to proceed with said timber harvesting operations.
Includes such uses as barbershops, beauty salons, photographic
studios, tailor, dress-making, millinery shops and dry-cleaning/laundry
dropoff points.
A nonprofit use of land or a building or buildings, structure,
or group of buildings or structures, as a place of public worship,
including accessory uses such as convents, church-related educational
and/or day-care facilities, monastery or similar religious institution,
including rectories, parsonages and parish houses for an organization
solely or primarily used as a religious institution when located on
the same premises.
An area of land not less than 20 acres in size controlled
by a landowner, to be developed as a single entity for a number of
dwelling units, the development plan for which does not correspond
in lot size, bulk, use, density, intensity, type of dwelling, lot
coverage and required open space to the regulations established in
any one zoning district under the provisions of this chapter. A planned
residential development shall not include mobile home parks.[29]
See "Commission."
The map or plan of a subdivision or land development, whether
sketch, preliminary or final.
A roofed or unroofed structure projecting from the front,
side or rear wall of the building which shall have no wall more than
30 inches high and which shall be open on all sides except the side
adjoining the building.
A forest practice, such as thinning or pruning, which results
in better growth, structure, species composition or health for the
residual stand but which does not yield a net income to the landowner,
usually because any trees cut are of poor quality, too small or otherwise
of limited marketability or value.
Any tower or antenna on or for which a permit has been issued
prior to the effective date of this chapter.
A single-family dwelling exceeding 19 feet in width designed
for transportation after fabrication on streets and highways on its
own wheels or on flatbed or trailer and arriving at a site where it
is to be occupied as a dwelling except for assembly operations and
location on a permanent foundation and connection to utilities.
When used in connection with natural and historic resources,
shall include means to conserve and safeguard these resources from
wasteful or destructive use, but shall not be interpreted to authorize
the unreasonable restriction of forestry, mining or other lawful uses
of natural resources.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services county soil
survey.
A building to house a club or social organization not conducted
for profit and which is not an adjunct to or operated by or in connection
with a public tavern, cafe or other commercial enterprise open to
the public (e.g., American Legion, VFW, Moose, Elks, etc.).
See "garage, private."
A person who has a B.S. or higher degree in forestry from
a four-year school of forestry associated with or accredited by the
Society of American Foresters.
Includes the office of a physician, dentist, optometrist,
minister, architect, landscape architect, community planner, engineer,
insurance agent, realtor, accountant, lawyer, author or other member
of a recognized profession.
A building owned, operated or controlled by a governmental
agency (federal, state or local) including an entity created by law
for the performance of certain specialized governmental functions,
and the Board of Education.
Includes parks, playgrounds and public areas, sites for schools,
sewage treatment, solid waste disposal and other municipally owned
or operated facilities.
A formal meeting held pursuant to public notice by the Board
of Commissioners, Zoning Hearing Board or Planning Commission, intended
to inform and obtain public comment, prior to taking action in accordance
with this chapter.
A designated growth area and all or any portion of a future
growth area described in a county or multimunicipal comprehensive
plan where public infrastructure services will be provided and outside
of which such public infrastructure services will not be required
to be publicly financed.
Services that are provided to areas with densities of one
or more units to the acre, which may include sanitary sewers and facilities
for the collection and treatment of sewage, water lines and facilitates
for the pumping and treating of water, parks and open space, streets
and sidewalks, public transportation and other services that may be
appropriate within a growth area, but shall exclude fire protection
and emergency medical services and any other service required to protect
the health and safety of residents.
A forum held pursuant to notice under 65 Pa.C.S.A. § 701
et seq. (October 15, 1998, P.L. 729, No. 93) (relating to open meetings),
known as the "Sunshine Act."[30]
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 be not more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Leisure-time activities, usually of a more formal nature
and performed with other individuals, often requiring equipment and
taking place at prescribed places, sites or fields. Such areas usually
require physical alteration to the area before they can occur and
are intensively used, such as playgrounds, ball courts and swimming
pools.
A vehicle which is designed for recreational use, regardless
of size, which is not designed to be used as a permanent dwelling
and which is self-propelled or is designed to be towed by a light-duty
vehicle; includes campers, pickup coaches, travel trailers, motor
homes and vehicles of like nature.
Leisure-time activities, usually of an informal nature, such
as hiking and picnicking.
A development project which, due to the size of the development,
the types of uses involved, the significant amount of vehicular and
pedestrian traffic generated by the development, the impact of the
development on the infrastructure of the area, or the potential adverse
effects of such development on adjacent lands and municipalities,
should be regulated by the Township in a manner so as to effectively
mitigate such impacts of the development on the entire region surrounding
the development. A regional impact development may be comprised other
than residential subdivision of one or more of the following:
Retail stores and shops with more than 100,000 gross square
feet of floor area, individually or in the aggregate.
Shopping centers with more than 100,000 gross square feet of
floor area.
Business offices, professional offices and office parks, with
more than 100,000 gross square feet of floor area, individually or
in the aggregate.
Entertainment or recreational complexes, including but not limited
to the following:
Any use that will generate at least 500 vehicle trips during
the site peak traffic hour.[31]
A planning agency that is comprised of representatives of
more than one county. Regional planning responsibilities shall include
providing technical assistance to counties and municipalities, mediating
conflicts across county lines and reviewing county comprehensive plans
for consistency with one another.
The registry established by the DOH for all medical marijuana
organizations and practitioners in the commonwealth pursuant to the
provisions of the Act.[32]
[Added 7-16-2018 by Ord.
No. 2018-07]
Includes such uses as radio, television and appliance repair
shops, plumbing shops, carpenter shops, and shoe repair shops.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
A commercial building or group of buildings combining lodging
for members and guests, food service, retail sales of commodities
and services and facilities for educational activities, entertainment
and recreation for lodgers and/or nonlodgers.
A business establishment where food and drink are prepared,
served, and consumed primarily within the principal building.
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building, in cars on the premises, or off the premises.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant portion of
the consumption takes place or is designed to take place outside the
confines of the restaurant, and where ordering and pickup of food
may take place from an automobile.
Includes such uses as variety stores, apparel stores, drugstores,
grocery stores, eating establishments, antique shops, music shops,
sporting good stores, and book, stationery, magazine, candy and tobacco
shops.
An establishment where horses are kept, bred, trained and/or
exercised and where equestrian instruction and equestrian competition
may be offered, including but not limited to polo clubs, public show
rings and rodeos.
An establishment where horses are kept, bred, trained and/or
exercised and where equestrian instruction may be offered, but excluding
riding clubs.
Land reserved for the public or the abutting owners for use
as a street, alley, interior walk or for other public purposes.
A building in which an owner of a dwelling rents at least
one room for residential purposes, but does not furnish meals (See
also "boardinghouse.")
An area described in a municipal or multimunicipal plan within
which rural resource uses including, but not limited to, agriculture,
timbering, mining, quarrying and other extractive industries, forest
and game lands and recreation and tourism are encouraged and enhanced,
development that is compatible with or supportive of such uses in
permitted, and public infrastructure services are not provided except
in villages.
A school conducted for profit for such instruction as business,
art, music, trades, handicraft, dancing.
Any school licensed by the Commonwealth of Pennsylvania and
which meets the requirements for elementary education.
A private place of instruction other than a commercial school.
Any place licensed by the Commonwealth of Pennsylvania and
which is authorized to provide regular instruction and daytime care
for children under the age for elementary school.
Any school licensed by the Commonwealth of Pennsylvania and
which is authorized to award diplomas for secondary education.
The use of plant or landscaping materials, fencing, walls
and/or earthen berms to aid in the concealment of one element of a
development from other elements or from adjacent or contiguous development.
A temporary retail use carried on for only a part of the
year, such as the sale of Easter flowers, fireworks, Christmas trees,
etc.[33]
A building or group of buildings that contains individual,
compartmentalized and controlled access stalls or lockers for the
storage of customer's goods or wares.
A communication tower that is constructed without guy wires
and ground anchors.
All components of an on-lot sewage disposal system.
The minimum distance measured horizontally and at 90°
(perpendicular) from the edge of the right-of-way of the road to the
outermost projection of a building or appurtenance to a structure
permanently fixed on a building lot or real estate property. With
respect to roads, highways or other public or private ways with undeterminable
right-of-way, such setback shall be measured coincident with the line
marking the outer portion of the traveled way or the outer portion
of the berm, whichever shall provide the maximum width for street
purposes.
A public utility system or other multidwelling sewage disposal
treatment system designed to collect, centrally treat and dispose
of sewage from users in compliance with regulations of the appropriate
governmental agency, local, state or federal, whichever may be more
stringent. A permit shall be obtained from the appropriate state governmental
agency for a centralized sewage disposal system prior to the start
of its construction.
The connection consisting of all pipes, fittings and appurtenances,
from the drain outlet of a dwelling or building to the inlet of the
street or main collector sewer pipe of the sewerage system serving
the subdivision or development.
A temporary group residence operated by a public agency or
private corporation which provides a safe and supportive environment
for persons who because of actual or threatened physical domestic
violence or mental abuse are forced to leave their previous residence.
Such facility shall be designed to provide shelter for at-risk adults
and/or children only until a safe, permanent living arrangement can
be obtained.
A group of retail stores, offices, and/or service businesses
planned and designed for the site on which it is built, functioning
as a unit, with off-street parking provided on the property as an
integral part of the unit.
A shopping center with stores, offices, and/or service businesses
on both sides of an enclosed or open pedestrian walkway.[34]
Includes regrading the existing topography, such as filling
lakes, ponds, marshes or floodplains; clearing vegetation or altering
watercourses.
A plan of a lot or subdivision on which is shown topography,
location of all buildings, structures, roads, right-of-way, boundaries,
all essential dimensions and bearings and any other information deemed
necessary by the Board of Commissioners, Planning Commission or Zoning
Hearing Board in unusual or special cases.
Dragging trees on the ground from the stump to the landing
by any means.
Woody debris left in the woods after logging, including logs,
chunks, bark, branches, uprooted stumps, and broken or uprooted trees
or shrubs.
A use which, because of its unique characteristics, requires
individual consideration in each case by the Zoning Hearing Board
and by the Commission before a zoning permit may be issued.
A detailed plan for nonresidential development of an area
covered by a municipal or multimunicipal comprehensive plan, which
when approved and adopted by the participating municipalities through
ordinances and agreements supersedes all other applications.
This term shall include any of the following:
Actual or simulated sexual intercourse, oral copulation, anal
intercourse, oral anal copulation, bestiality, direct physical stimulation
of unclothed genitals, flagellation or torture in the context of a
sexual relationship, or the use of excretory functions in the context
of a sexual relationship, and any of the following depicted sexually
oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia,
cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism,
sapphism, zooerasty; or
Clearly depicted human genitals in a state of sexual stimulation,
arousal or tumescence; or
Use of human or animal masturbation, sodomy, oral copulation,
coitus, ejaculation; or
Fondling or touching of nude human genitals, pubic region, buttocks
or female breast; or
Masochism, erotic or sexually oriented torture, beating, or
the infliction of pain; or
Erotic or lewd touching, fondling or other contact with an animal
by a human being; or
Human excretion, urination, menstruation, vaginal or anal irrigation.[35]
A pointed roof especially of a tower.
Any area of forest vegetation whose site conditions, past
history, and current species composition are sufficiently uniform
to be managed as a unit.
A comprehensive land use and growth management report to
be prepared by the Center for Local Government Services and which
shall contain information, data and conclusions regarding growth and
development patterns in this commonwealth and which will offer recommendations
to commonwealth agencies for coordination of executive action, regulation
and programs.
A tall structure having a small spire at the top and built
on top of a church tower.
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 any floor and the ceiling
next above it. A basement, but not a cellar, shall be deemed to be
a story.
Any natural or artificial channel of conveyance for surface
water with an annual or intermittent flow within a defined bed and
banks.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road and any other thoroughfare except
an alley (for vehicular and pedestrian circulation use).
ARTERIAL STREETArterial streets are designed primarily to carry traffic and generally should not provide access to land which would interfere with their primary traffic functions. They are designated as "limited," "controlled," or "partial" access streets. Arterial streets serve an unlimited number of dwelling units and unlimited average daily traffic.
CONNECTOR STREETConnector streets collect traffic from minor, local access and collector streets and also provide a connection to arterial streets and expressways and between villages. Connector streets do not normally provide direct access to individual uses. Connector streets serve an unlimited number of dwelling units and unlimited average daily traffic.[36]
COLLECTOR STREETCollector streets gather traffic from minor and local access streets and they feed this traffic to connector and arterial streets and expressways. Collector streets carry heavier traffic volumes than local streets although they also provide direct access to individual uses located along them. Collector streets serve up to an ultimate 500 dwelling units or up to an ultimate average daily traffic count of 4,000 vehicles.
MINOR STREETMinor streets provide direct access to individual uses or gather traffic from local access streets and feed this traffic to collector streets. Minor streets serve up to ultimate 150 dwelling units or up to an average daily traffic count of 1,250 vehicles.
LOCAL ACCESS STREETLocal access streets primarily provide direct access to individual uses. They serve to provide the connecting link between the beginning or end point of a trip and the higher categories of streets. Local access streets are further classified as:
CUL-DE-SAC STREETA cul-de-sac street is permanently terminated at one end by a vehicular turnaround and intersects another street at the other end. Cul-de-sac streets shall not furnish access to more than 18 dwelling units.
LOOP STREETA loop street intersects other streets on each end and may intersect a cul-de-sac street at some point between each end. A loop street shall not ultimately furnish access to more than 75 dwelling units or ultimately have an average daily traffic count in excess of 600 vehicles.
MARGINAL ACCESS STREETMarginal access streets are minor streets parallel and adjacent to major traffic streets. They provide access to abutting properties and control of intersections with major traffic streets.
PRIVATE ACCESS STREETA private access street provides access to residential lots, from a public or approved street where the residential lot does not have frontage on a public or approved street. The private access street shall have a minimum right-of-way of 25 feet, shall not exceed 750 feet in length and may serve a maximum if three dwelling units. Construction and maintenance of private access streets shall be the sole responsibility of owners benefiting by the use thereof and shall never be offered or accepted by the municipality for public maintenance.
[Amended 7-18-2022 by Ord. No. 2022-04]
The line of contact between lot and street right-of-way.
With respect to roads, highways or other public or private ways with
undeterminable right-of-way, such line shall be coincident with the
line marking the outer portion of the traveled way or the outer portion
of the berm, whichever shall provide the maximum width for street
purposes.
Any change in the structural members of a building, such
as supporting walls, columns, beams, girders, any additions to any
structure or the moving of a structure from one location to another.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A structure which was not designed to last or to be used
for a long time for a specific use.
See "developer."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
Any body of water or receptacle for water having a depth
at any point greater than three feet, used or intended to be used
for swimming or bathing and constructed, installed or maintained in
or above the ground.
An establishment whose primary function is to dispense alcoholic
beverages incidental to the fact that food is available for sale.
This definition shall include those establishments which do not meet
the criteria set forth by the Pennsylvania Liquor Control Board regarding
eligibility for a Sunday sales permit (that is, where alcoholic beverage
sales exceed 40% of the establishment's income).
A structure or part thereof operated on a nonprofit basis
to temporarily house families or individuals who are victims of disaster,
who are affected through action on the part of or on behalf of the
municipality other than routine redevelopment-related relocation activities,
or who have bona fide emergency housing needs.[37]
Any tower, pole, antenna, etc., designed for use while a
permanent wireless facility is under construction or for a special
event or conference where a majority of people attending are wireless
users.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a commercial basis.
The process of cutting down trees and removing logs from
the forest for the primary purpose of sale or commercial processing
into wood products.
The upper portion of a felled tree that is nonmerchantable
because of small size, taper or defect.
The Township of Pocono, Monroe County, Pennsylvania.
An area of land developed for a compatible mixture of residential
units for various income levels and nonresidential commercial and
workplace uses, including some structures that provide for a mix of
uses within the same building. Residences, shops, offices, workplaces,
public buildings, and parks are interwoven within the neighborhood
so that all are within relatively close proximity to each other. Traditional
neighborhood development is relatively compact, limited in size and
oriented toward pedestrian activity. It has an identifiable center
and a discernible edge. The center of the neighborhood is in the form
of a public park, commons, plaza, square or prominent intersection
of two or more major streets. Generally, there is a hierarchy of streets
laid out in a rectilinear or grid pattern of interconnecting streets
and blocks that provides multiple routes from origins to destinations
and is appropriately designed to serve the needs of pedestrians and
vehicles equally.
See "recreational vehicle."
See "campground."
A use (other than a prison or hospital) providing housing
for three or more unrelated persons who need specialized housing,
treatment and/or counseling because of:
Tree leaves, tree branches and tree trimmings thereof and
similar material. The term does not include grass clippings.
The dumping, spilling, stockpiling or placing of tree stumps
or tree debris into or on the land or water in such a manner that
the tree stumps or tree debris enter the environment.
The systematic collection, sorting and mulching or composting
of tree stumps or tree debris for use as commodities.
The main trunk portion of a tree with or without the tree
roots.
An area or structure where trucks load and unload goods,
products, cargo, materials and/or freight and where the same may be
broken down or aggregated into smaller or larger loads for transfer
to other motor vehicles or modes of transportation or to other points
or junctions. A truck terminal includes value-added services between
a supplier and its customers, such as breaking down of large orders
from a single source into smaller orders, product mixing, packaging,
cross-docking, order fulfillment, or order returns, and the consolidation
of several orders into one large order for distribution to several
recipients and/or vice versa.
[Added 2-6-2023 by Ord. No. 2023-01]
The purpose for which land or a building is arranged or intended
or for which either land or a building may be occupied or maintained.
CONDITIONAL USECertain specified uses which are allowed or denied by the governing body after recommendation by the Planning Commission pursuant to express standards and criteria set forth in this chapter.
PERMITTED USEAny use which does not require special action by the Zoning Hearing Board or by the Board of Commissioners before a zoning permit is granted by the Zoning Officer.
SPECIAL EXCEPTIONAn approval granted to use land in a zoning district for a purpose other than that generally permitted outright in that district. The permission or special exception is granted by the Zoning Hearing Board in accordance with standards and criteria set forth in this chapter, provided generally that the specific application of the use would not prove injurious to the public interest.
A use established for a limited duration to be discontinued
upon the expiration of the time period. Temporary uses usually do
not involve the construction or alteration of any permanent building
or structure.
A building or lot or part thereof selling gasoline or other
equivalent fuel for motor vehicles at retail dispensed directly into
vehicles from pumps, where no repairs are conducted, except work that
may be conducted that is closely similar in character to the following:
sale and installation of oil, lubricants, batteries and belts and
similar accessories, and safety and emissions inspection, and sale
of prepackaged propane. These may include a "convenience store." A
business that maintains an accessory use providing motor fuel only
for use by vehicles operated by that business shall not, by itself,
be considered to be a "vehicle fueling station."
A lot or building or portion thereof, other than an automobile
sales lot used for the storage or parking of six or more motor vehicles
for a consideration, where service or repair facilities are not permitted.
Such parking lot or garage shall not be considered an accessory use;
nor shall it be used for the storage of dismantled or wrecked motor
vehicles, parts thereof, or junk.
A building or lot or part thereof where repairs, improvements
and installation of parts and accessories for motor vehicles are conducted
that involves work that is more intense in character that work permitted
under the definition of "vehicle fueling station." "Vehicle service
and repair facility" shall include, but not be limited to, a use that
involves any of the following work: major mechanical or body work,
straightening of body parts, painting, welding, or rebuilding of transmissions.
Any use permitted as part of a vehicle fueling station is also permitted
as part of a vehicle service and repair facility.
A building on a lot, designed and used primarily for the
washing and polishing of motor vehicles and which may provide accessory
services as set forth herein for vehicle fueling stations.
An unincorporated settlement that is part of a Township where
residential and mixed use densities of one unit to the acre or more
exist or are permitted and commercial, industrial or institutional
uses exist or are permitted.[39]
A building or group of buildings primarily used for the unloading
and indoor storage, transfer, and distribution of products and materials
with a use of the processing of materials so as to sort out which
finished goods are to be transported to different locations, and the
loading and unloading of such goods. A warehouse shall not include
value-added services between a supplier and its customers, such as
breaking down of large orders from a single source into smaller orders,
product mixing, packaging, cross-docking, order fulfillment, or order
returns, and shall not include the consolidation of several orders
into one large order for distribution to several recipients and/or
vice versa, or any manufacturing or processing. A warehouse shall
only consist of indoor storage of products and materials.
[Added 2-6-2023 by Ord. No. 2023-01]
The connection consisting of all pipes, fittings and appurtenances
from the water pipe to the inlet pipe of the distribution system within
the dwelling or nonresidential unit.
A discernible, definable natural course or channel along
which water is conveyed ultimately to streams and/or rivers at lower
elevations. A watercourse may originate from a lake or underground
spring(s) and be permanent in nature or it may originate from a temporary
source such as runoff from rain or melting snow.
A public utility system or other centralized water supply
system designed to transmit water from a common source to users, in
compliance with the requirements of the appropriate governmental agency
or regulation of the Township, whichever may be more stringent. A
permit shall be obtained from the appropriate governmental agency
for a centralized water supply system prior to the start of construction.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include, but are not limited to, swamps, marshes, bogs,
and similar areas, as are regulated as such by the DEP and/or the
United States Army Corps of Engineers.[40]
Any towers, poles, antennas or other structures intended
for use in connection with transmission or receipt of radio or television
signals or any other spectrum-based transmissions/receptions.
An open space as may be required by this chapter, on the
same lot with a building or 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 permitted by this chapter.
YARD, FRONTAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, REARAn open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
YARD, SIDEAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
The Zoning Hearing Board of Pocono Township.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
[1]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[2]
Editor's Note: The definition of "Administrator," which immediately
followed this definition, was repealed 8-6-2018 by Ord. No. 2018-08.
[3]
Editor's Note: The former definition of "A-frame," added 12-4-2017
by Ord. No. 2017-05, which immediately followed this definition, was
repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
[4]
Editor's Note: The Nutrient Management Act, 3 P.S. § 1701
et seq., was repealed by 2005, July 6, P.L. 112, No. 38, § 3.
See now the Nutrient Management and Odor Management Act, 3 Pa.C.S.A.
§ 501 et seq.
[5]
Editor's Note: See 34 Pa.C.S.A. § 101 et seq.
[6]
Editor's Note: The former definition of "banner," added 12-4-2017
by Ord. No. 2017-05, which immediately followed this definition, was
repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
[7]
Editor's Note: The former definition of "billboard," added
12-4-2017 by Ord. No. 2017-05, which immediately followed this definition,
was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
[8]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[9]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[10]
Editor's Note: See 53 P.S. § 10101 et seq.
[11]
Editor's Note: The former definition of "copy," added 12-4-2017
by Ord. No. 2017-05, which immediately followed this definition, was
repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
[12]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[13]
Editor's Note: The former definition of "electronic message
sign," added 12-4-2017 by Ord. No. 2017-05, which immediately followed
this definition, was repealed 3-15-2021 by Ord. No. 2021-03. For sign
provisions, refer to Art. VII, Signs.
[14]
Editor's Note: The former definition of "freestanding sign,"
added 12-4-2017 by Ord. No. 2017-05, which immediately followed this
definition, was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions,
refer to Art. VII, Signs.
[15]
Editor's Note: Renumbered as 10 P.S. §§ 328.101
to 328.707 by 2012, Feb. 2, P.L. 7, No. 2.
[16]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[17]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[18]
Editor's Note: The former definition of "gross surface area,"
added 12-4-2017 by Ord. No. 2017-05, which immediately followed this
definition, was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions,
refer to Art. VII, Signs.
[19]
Editor's Note: The former definitions of "human sign" and
"illuminated sign," both added 12-4-2017 by Ord. No. 2017-05, which
immediately followed this definition, were repealed 3-15-2021 by Ord.
No. 2021-03. For sign provisions, refer to Art. VII, Signs.
[20]
Editor's Note: See 53 P.S. § 10503(1.1).
[21]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[22]
Editor's Note: The former definition of "monument sign," added
12-4-2017 by Ord. No. 2017-05, which immediately followed this definition,
was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
[23]
Editor's Note: See 53 P.S. § 11101 et seq.
[24]
Editor's Note: See 53 P.S. § 10101 et seq.
[25]
Editor's Note: The former definition of "nonconforming sign,"
added 12-4-2017 by Ord. No. 2017-05, which immediately followed this
definition, was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions,
refer to Art. VII, Signs.
[26]
Editor's Note: See 53 P.S. § 10101 et seq.
[27]
Editor's Note: The former definition of "pennants," added
12-4-2017 by Ord. No. 2017-05, which immediately followed this definition,
was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
[28]
Editor's Note: The former definition of "permanent sign,"
added 12-4-2017 by Ord. No. 2017-05, which immediately followed this
definition, was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions,
refer to Art. VII, Signs.
[31]
Editor's Note: Former Subsection F, truck or motor freight
terminal, which immediately followed, was repealed 2-6-2023 by Ord.
No. 2023-01.
[32]
Editor's Note: "Act" refers to Act 16 of 2016, the Pennsylvania
Medical Marijuana Act, 35 P.S. § 10231.101 et seq.
[33]
Editor's Note: The former definition of "secondary signs,"
added 12-4-2017 by Ord. No. 2017-05, which immediately followed this
definition, was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions,
refer to Art. VII, Signs.
[34]
Editor's Note: The former definitions of "sign," amended 12-4-2017
by Ord. No. 2017-05, "sign, advertising," "sign, business," "sign,
directional," "sign, directory," "sign face," added 12-4-2017 by Ord.
No. 2017-05, "sign, gross surface area of" and "sign plaza," added
12-4-2017 by Ord. No. 2017-05, all of which immediately followed this
definition, were repealed 3-15-2021 by Ord. No. 2021-03. For sign
provisions, refer to Art. VII, Signs.
[35]
Editor's Note: The former definition of "spinners," added
12-4-2017 by Ord. No. 2017-05, which immediately followed this definition,
was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
[37]
Editor's Note: The former definition of "temporary sign,"
added 12-4-2017 by Ord. No. 2017-05, which immediately followed this
definition, was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions,
refer to Art. VII, Signs.
[38]
Editor's Note: See 53 P.S. §§ 10601 et seq.
and 10901 et seq.
[39]
Editor's Note: The former definition of "wall sign," added
12-4-2017 by Ord. No. 2017-05, which immediately followed this definition,
was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
[40]
Editor's Note: The former definition of "window sign," added
12-4-2017 by Ord. No. 2017-05, which immediately followed this definition,
was repealed 3-15-2021 by Ord. No. 2021-03. For sign provisions, refer
to Art. VII, Signs.
