Definitions for words or terms used in this chapter are given in Article XI.
Except as hereinafter provided, no land, building, structure
or premises shall hereafter be used and no building or part thereof
or other structure shall be located, erected, reconstructed, extended,
enlarged, converted, altered or moved except in conformity with the
regulations herein specified for the district in which it is located.
No yard space or minimum area required for a building or use shall
be considered as any part of the yard space or minimum area for another
building or use.
A.
No accessory building shall be erected in any required court or any yard other than a rear yard except as provided hereafter. An accessory building may be erected as part of a principal building or, if at least six feet therefrom, may be connected thereto by a breezeway or similar structure, provided all yard requirements of this chapter for a principal building are complied with. See also § 231-626.
B.
Corner lots in conservation, agricultural and residence districts.
In any conservation, agricultural or residence district, where a corner
lot adjoins in the rear a lot fronting on the side street, no part
of any accessory building on such corner lot within 25 feet of the
common lot line shall be nearer a side road lot line than the least
depth of the front yard required along such side street for a dwelling
on such adjoining lot, and in no case shall any part of such accessory
building be nearer to the side road lot line than the least width
of the side yard required for the principal building to which it is
accessory.
The conversion of any building into a dwelling or the conversion
of any dwelling so as to accommodate an increased number of dwelling
units or families shall be permitted only within a district in which
a new building for similar occupancy would be permitted under this
chapter, and only when the resulting occupancy will comply with the
requirements governing new construction in such district with respect
to minimum lot size, lot area per dwelling unit, percentage of lot
coverage, dimensions of yards and other open spaces, and off-street
parking. Each conversion shall be subject also to such further requirements
as may be specified hereinafter with the article applying to such
district.
A.
Excavations of sand, gravel, coal stripping or other minerals, and
rock and peat moss shall be considered a temporary use, and new excavations
shall be permitted only in Mining, Agricultural, Conservation or Heavy
Industrial Districts. Deep coal mining shall be permitted in any district.
All new excavations of materials listed above shall require the approval
of the Board.
(1)
In the case of coal mining, new excavations shall be defined
as those specific limited areas not now operating under a state permit
at the time this chapter becomes effective. For strip mining, applications
shall not exceed 10 acres in area, and the Board shall require such
measures as will protect the public interest, including conformance
with the following:
(a)
Map. Submission of a map which will outline the entire proposed
area to be strip-mined, said map to contain the surface features showing
buildings, dwellings, churches, schools, railroads, highways, and
lot lines of public and semipublic uses within a distance of 500 feet
from the perimeter of the proposed strip mining operation. In addition,
said map will indicate the approximate or proposed depth of said strip-mining
operation.
(b)
Bond and backfilling. That a bond in the sum of $2,500,000 per
acre of land to be excavated be filed with the Board, to guarantee
the complete backfilling of any over-burden removed, and to guarantee
50% of survival of all trees planted for a year's period in connection
with the state law in anthracite strip mining. Backfilling is to restore
the land to a usable condition. If, after complete backfilling of
all overburden, the land is not approximately level with the unexcavated
area, the slopes of the edge of the excavated area shall not be steeper
than one foot of vertical distance for each 1 1/2 feet of horizontal
distance. On sloping hillsides, the final grade of this stripped area
shall range from 7% to 15%. At the time of request for Board approval,
a backfill plan shall be submitted.
(c)
Insurance. That a certificate of insurance with limits of $1,000,000
per person and $3,000,000 per accident for personal injuries, and
$3,000,000 for property damage, be filed with the Board both for the
benefit of all persons who might be injured or suffer property damage
as a result of said mining operations, and to save the County of Luzerne,
the Borough of Plymouth and its officials harmless from any and all
claims, suits or demands caused by the mining operations.
(d)
Supervision of blasting. The use of explosives for the purpose
of blasting in connection with strip-mining shall be done in accordance
with regulations promulgated by and under the supervision of a representative
of the Pennsylvania Department of Mines and Mineral Industries.
(e)
Distance provisions. The perimeter of any excavation under this
section shall not be nearer than 2,000 feet from any building or road,
except that owned by the excavator, or 2,000 feet from any, or any
other, public or semipublic use.
(f)
Timing. Primary blasting in any excavation shall occur only
between the hours of 8:30 a.m. and 4:00 p.m., on either Eastern Standard
or Eastern Daylight Time, as the case may be.
(g)
Location of processing equipment. To reduce airborne dust, dirt
and noise, all structures for sorting, crushing, grinding, loading,
weighing, washing, and other operations shall not be built closer
than 300 feet from the right-of-way of any public highway, or 300
feet from the boundary of residential, commercial or light industrial
districts.
(h)
Drainage. All excavations, both during operations and after
completion, shall be adequately drained to prevent the formation of
pools of water and reduce the seepage of water into underground mines,
both for safety, and to reduce formation of mine acid water polluting
the streams and rivers. Prior to any excavation for stripping operations,
a ditch shall be excavated on the outside of the proposed pit for
the purpose of conveying the drainage from the watershed above the
stripping pit to the regular creek channels to reduce seepage of surface
water into underground mines.
(i)
Compliance with state requirements. Permits under the provisions
of this chapter will not be issued until the required license or permit
has been secured from the Department of Mines and Mineral Industries,
Commonwealth of Pennsylvania.
(2)
In the case of quarries, sand and gravel pits, and peat moss
bogs, the Board shall require conformance with the following:
(a)
Map. Submission of a map which will outline the entire area
proposed to be excavated, said map to contain the surface features
showing dwellings, churches, schools, railroads and highways, and
lot lines of public and semipublic uses, within a distance of 500
feet from the perimeter of any quarrying operation, and a distance
of 300 feet from any sand and gravel pit or peat bog. In addition,
said map will indicate the approximate or proposed depth of said excavating
operation.
(b)
Slopes and drainage. After excavations are completed, the slopes
of the edge of the excavated area of sand and gravel pits and peat
bogs shall not be steeper than one foot of vertical distance for each
1 1/2 feet of horizontal distance. The surface of the area excavated
shall be leveled, and drained to the extent feasible.
(c)
Blasting. The use of explosives for the purpose of quarrying
shall be done in accordance with regulations promulgated by and under
the supervision of a representative of the Pennsylvania Department
of Labor and Industry.
(d)
Distance provisions. The perimeter of any excavation under this
section shall not be nearer than 2,000 feet in the case of quarrying,
2,000 feet for sand and gravel pits, or 2,000 feet in the case of
peat bogs, from any building or road, except that owned by the excavator,
or 2,000 feet from any, or any other, public or semipublic use.
(e)
Location of processing equipment. To reduce airborne dust, dirt
and noise, all structures for sorting, crushing, grinding loading,
weighing, washing, and other operations shall not be built closer
than 300 feet from the right-of-way of any public highway, or 300
feet from the boundary of residential, commercial or light industrial
districts.
A.
Any lawful use of any dwelling, building or structure existing at
the effective date of this chapter may be continued, even though such
use does not conform to the provisions hereof. If no structural alterations
are made, a nonconforming use of a building may be changed to another
nonconforming use of the same or of a more restricted classification.
Whenever a nonconforming use has been changed to a more restricted
use or to a conforming use, such use shall not thereafter be changed
to a less restricted use. The nonconforming use of a building may
be extended throughout those parts thereof which were manifestly arranged
or designed for such use at the time of adoption of this chapter.
No nonconforming building or structure shall be extended, or enlarged
except when authorized by the Hearing Board which may permit one enlargement
or extension up to 25% of the floor area of the structure as it existed
at the time of passage of this chapter.
B.
Whenever the use of a building shall become nonconforming through
a change in this chapter or in the district boundaries, such use may
be continued; and if no structural alterations are made, may be changed
to another nonconforming use of the same or of a more restricted classification.
C.
A nonconforming use of a building or portion thereof which is hereafter
discontinued for a continuous period of one year shall not again be
used except in conformity with the regulations of the district in
which such building is located.
D.
Except for residential structures as hereinafter provided, a nonconforming
building which has been damaged by fire, explosion, act of God or
the public enemy to the extent of more than 60% of its reproduction
value at the time of damage shall not be restored except in conformity
with the regulations of the district in which it is located. When
damaged by less than 60% of its reproduction value, a nonconforming
building may be repaired or reconstructed and used as before the time
of damage, provided such repairs or reconstruction are completed within
one year of the date of such damage. For residential structure nonconforming
only as to yard spaces, in residential zones where most of the residential
structures nearby are similarly nonconforming, the structure may be
rebuilt similar to the yard spaces of the adjoining lots, or a majority
of the lots in the particular block front.
E.
Nonconforming trailers or mobile homes located on a lot in any district
when once removed shall not be relocated on such lot and shall not
be replaced with another trailer or mobile home.
The nonconforming use of land not involving any principal building
or structure existing on the effective date of this chapter may be
continued for a period of not more than three years; provided, however,
that no such nonconforming use of land shall in any way be expanded
or extended either on the same or adjoining property. If such nonconforming
use of land or any portion thereof is discontinued or changed, any
future use of such land shall be in conformity with the provisions
of this chapter.
Nothing herein contained shall require any change in the overall
layout, plans, construction, size or designated use of any development,
building, structure, or part thereof, for which official approval
and required permits have been granted, or where no approvals or permits
are necessary, where construction has been legally started before
the enactment of this chapter, and completed within a one-year period.
In all districts except the industrial districts, no building
in the rear of a principal building on the same lot shall be used
for residence purposes unless it conforms to the open space requirements
of this chapter, and for the purpose of determining the front yard
in such case, the rear line of the required rear yard for the principal
building in front shall be considered the front lot line for the building
in the rear. In addition, there must be provided for any such rear
dwelling an unoccupied and unobstructed accessway not less than 15
feet wide to a road, and there shall not be more than one dwelling
housing not more than two families for each such easement, except
that a common easement of access at least 40 feet wide may be provided
for two or more dwellings housing any number of families.
No lot shall contain any dwelling unless it abuts at least 20 feet on a public street, or unless it conforms to the easement of access required in § 231-209 of this chapter.
On any corner lot in any district, no fence, structure or planting
shall be erected or maintained within 20 feet of the "corner" so as
not to interfere with traffic visibility across the corner.
A.
Agricultural uses. Except for compliance with minimum yard requirements,
visibility across corner lots, and for the commercial raising of fur-bearing
animals or hog farms, nothing in this chapter shall prohibit the use
of any land for agricultural purposes as defined herein, or the construction
or use of buildings or structures incident to the use for agricultural
purposes of the land on which such buildings or structures are located,
in any agricultural or conservation district.
B.
Public or semipublic uses. Nothing in this chapter shall prohibit the erection, construction, alteration or maintenance of essential services, by public utilities, or county, city, Borough, township or other governmental agencies, and no zoning certificate shall be required for any such structure; provided, however, that the provisions of this subsection shall not apply to buildings, towers, or storage yards of such public utilities or governmental agencies except when conforming to the procedure specified by Pennsylvania Municipalities Planning Code, Act No. 247, Article VI, 53 P.S. § 10619.
No zoning permit for construction, erection, or alteration of
any building or structure or part thereof, or for signs or outdoor
advertisements, or part thereof, shall be valid for more than one
year unless work at the site has commenced within such period.
The Zoning Officer shall be given at least 24 hours' notice
by owner or applicant prior to commencement of work at site under
zoning permits.
If a case is disapproved by the Zoning Hearing Board of Plymouth,
thereafter the Zoning Hearing Board shall take no further action on
another case for substantially the same proposal on the same property
until one year after the date of such disapproval. If a case before
the Zoning Hearing Board is advertised, and thereafter withdrawn by
the applicant before or at the meeting of the Zoning Hearing Board,
he shall be precluded from filing another application for substantially
the same proposal on the same premises for six months, and the case
shall be readvertised.
