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Borough of Plymouth, PA
Luzerne County
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A. 
The following uses are permitted without Board approval:
(1) 
Parks.
(2) 
State game lands.
(3) 
Private recreational facilities.
(4) 
Agriculture.
(5) 
Nurseries and greenhouses.
(6) 
Public uses.
(7) 
Semipublic uses (not contiguous).
(8) 
Ventilating shafts.
(9) 
Utilities (except yards or buildings).
(10) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Single-family homes (except farmhouses).
(2) 
Commercial recreational facilities.
(3) 
Cemeteries.
(4) 
Strip mines, quarries, or gravel pits.
(5) 
Utility buildings and yards.
(6) 
Sanitary land fills.
(7) 
Roadside stands.
(8) 
Radio or TV sending or boosting stations.
(9) 
Semipublic uses (contiguous).
(10) 
Trailer parks.
(11) 
Raising fur-bearing animals (except pets).
(12) 
Home occupations.
(13) 
Accessory uses to the above.
[1]
Note: All C-1 uses shall conform to construction and use requirements for floodplain areas, where applicable.
A. 
The following uses are permitted without Board approval:
(1) 
Agriculture.
(2) 
Greenhouses and nurseries.
(3) 
Single- or two-family homes.
(4) 
Public uses.
(5) 
Semipublic uses (not contiguous).
(6) 
Ventilating shafts.
(7) 
Utilities (except yards or buildings).
(8) 
Home occupations.
(9) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Recreational facilities (private and commercial).
(2) 
Cemeteries.
(3) 
Strip mines, quarries, or gravel pits.
(4) 
Raising fur-bearing animals (except pets) and commercial hog farms.
(5) 
Animal hospital or clinic.
(6) 
Airports.
(7) 
Sanitary land fills.
(8) 
Sewage disposal plants.
(9) 
Radio or TV sending or boosting stations.
(10) 
Semipublic uses (contiguous).
(11) 
Tourist homes.
(12) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
One-family detached dwellings.
(2) 
Agriculture (except kennels, hatcheries and commercial chicken farms).
(3) 
Public uses.
(4) 
Semipublic uses (except hospitals, sanitaria and nursing homes).
(5) 
Utilities (except buildings and yards).
(6) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Private recreational facilities.
(2) 
Cemeteries.
(3) 
Hospitals or sanitaria (not contiguous).
(4) 
Branch telephone exchanges and wireless transmitting or booster stations.
(5) 
Home occupations.
(6) 
Professional offices.
(7) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
One-family detached dwellings.
(2) 
Public uses.
(3) 
Semipublic uses (except hospitals, sanitaria and nursing homes).
(4) 
Utilities (except buildings and yards).
(5) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Private recreational facilities.
(2) 
Home occupations.
(3) 
Professional offices.
(4) 
Hospitals or sanitaria (not contiguous).
(5) 
Branch telephone exchanges.
(6) 
Cemetery extension.
(7) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
One-family detached dwellings.
(2) 
Two-family dwellings.
(3) 
Public uses.
(4) 
Semipublic uses.
(5) 
Utilities (except buildings and yards).
(6) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Private recreational facilities.
(2) 
Home occupations.
(3) 
Professional offices.
(4) 
Cemetery extensions.
(5) 
Roomers or boarders (maximum of six).
(6) 
Branch telephone exchanges.
(7) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
One-family detached dwellings.
(2) 
Two-family dwellings.
(3) 
Multiple dwellings.
(4) 
Rooming houses or boardinghouses.
(5) 
Public uses.
(6) 
Semipublic uses (except contiguous uses).
(7) 
Utilities (except yards and buildings).
(8) 
Dormitories, fraternities or sororities.
(9) 
Home occupations.
(10) 
Professional offices.
(11) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Private recreational facilities.
(2) 
Tourist homes.
(3) 
Grouped professional offices.
(4) 
Nursing or convalescent homes.
(5) 
Private clubs or lodges.
(6) 
Cemeteries.
(7) 
Nursery schools.
(8) 
Mortuaries.
(9) 
Planned residential groups.
(10) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
Neighborhood retail stores.
(2) 
Personal services.
(3) 
Service station (with only minor repairs).
(4) 
Professional offices, including clinics.
(5) 
Banks.
(6) 
Mortuaries.
(7) 
Soda fountains.
(8) 
Cafés or restaurants (without entertainment).
(9) 
Taverns.
(10) 
Public uses.
(11) 
Semipublic uses.
(12) 
Utilities (except yards).
(13) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Clubs or lodges.
(2) 
Multiple dwellings.
(3) 
Theaters (indoors).
(4) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
Retail stores.
(2) 
Personal services.
(3) 
Professional offices (including clinics).
(4) 
Banks.
(5) 
Commercial offices.
(6) 
Service stations.
(7) 
Soda fountains.
(8) 
Cafés or restaurants (without entertainment).
(9) 
Taverns.
(10) 
Mortuaries.
(11) 
Parking areas.
(12) 
Clubs and lodges.
(13) 
Public uses.
(14) 
Semipublic uses.
(15) 
Utilities (except yards).
(16) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Entertainment facilities.
(2) 
Multiple dwellings.
(3) 
Drive-in commercial uses (not including theaters).
(4) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
Service stations.
(2) 
Restaurants.
(3) 
Motels and tourist courts.
(4) 
Tourist homes.
(5) 
Entertainment facilities.
(6) 
Outdoor advertisements.
(7) 
Retail business.
(8) 
Personal services.
(9) 
Offices and banks.
(10) 
Professional activities.
(11) 
Garages for service and/or vehicular sales (not including body work).
(12) 
Drive-in commercial uses (not including theaters).
(13) 
Mortuaries.
(14) 
Animal hospitals, clinics or kennels.
(15) 
Commercial greenhouses and plant nurseries.
(16) 
Feed and grain, sales and storage.
(17) 
Amusement parks.
(18) 
Cemeteries.
(19) 
Golf driving ranges and miniature golf.
(20) 
Commercial race track and riding stables.
(21) 
Public and semipublic uses.
(22) 
Utilities.
(23) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Wholesale business.
(2) 
Equipment sales and repair.
(3) 
Truck terminals.
(4) 
Drive-in theaters.
(5) 
Trailer parks.
(6) 
Apartments.
(7) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
Wholesale business.
(2) 
Equipment sales and repair.
(3) 
Lumber yards.
(4) 
Bulk fuel storage.
(5) 
Outdoor advertisements.
(6) 
Used car or trailer lots.
(7) 
Machine shops.
(8) 
Tire retreading and recapping.
(9) 
Welding shops.
(10) 
Retail business.
(11) 
Personal services.
(12) 
Business services.
(13) 
Restaurants.
(14) 
Garages for service and/or vehicular sales (excluding storing junked vehicles outdoors).
(15) 
Food processing.
(16) 
Mortuaries.
(17) 
Research and testing facilities.
(18) 
Animal hospitals.
(19) 
Billiard rooms or poolrooms.
(20) 
Cleaning, laundry, and dying.
(21) 
Plants.
(22) 
Commercial recreation.
(23) 
Secondhand stores and pawn.
(24) 
Shops.
(25) 
Hotels.
(26) 
Printing lithographing or publishing plants.
(27) 
Taverns.
(28) 
Stone or monument works.
(29) 
Public and semipublic uses.
(30) 
Utilities.
(31) 
Accessory uses to the above.
A. 
The following uses are permitted without Board approval:
(1) 
Strip-mining coal areas.
(2) 
Areas of deep coal mining.
(3) 
Mining of rock.
(4) 
Mining of sand and gravel.
(5) 
Processing of materials mined.
(6) 
Storage of materials mined.
(7) 
Tipples.
(8) 
Railroad yards.
(9) 
Contractors yards.
(10) 
Accessory uses to the above.
B. 
The following uses require Board approval:
(1) 
Sanitary land fills.
(2) 
Junkyards.
(3) 
Accessory uses to the above.
C. 
Bottle or BYOB (bring-your-own-bottle) club. Bottle or BYOB club is permitted as a conditional use in the M-1 Mining District, subject to the following criteria:
[Added 6-2-2009 by Ord. No. 4-2009]
(1) 
Purpose. The Plymouth Borough Council finds that it is in the best interest of the general health, safety and welfare that reasonable regulations governing operation of bottle or BYOB clubs in the Borough of Plymouth be established and that provisions be made for enforcement of regulations to preserve the character of neighborhoods and to protect the rights of its citizens to the quiet enjoyment of the same.
(2) 
Lot area, width and other requirements.
(a) 
Lot area: 40,000 square feet with public water and sewer required.
(b) 
Minimum lot width: 50 feet at the street line.
(c) 
Maximum lot coverage (impervious surface included): 80%.
(d) 
Maximum yard setbacks: 50 feet front yard, side yard and rear yard setbacks.
(e) 
Height: Maximum height of structures permitted shall be 35 feet.
(f) 
Parking: Parking shall be provided at a rate of one space per three seats of computed capacity.
(g) 
Conditional use approval. Applicant shall comply with the conditional use provision of this chapter.
(3) 
Regulations on operation. Bottle or BYOB clubs shall comply with the following requirements:
(a) 
Obtain and maintain in force and effect at all times broad form general liability coverage in the minimum amount of $1,000,000 per occurrence, with a certificate of insurance to be filed with the Plymouth Borough Secretary prior to the issuance of an occupancy permit;
(b) 
Obtain a valid club permit pursuant to this chapter and prominently display such permit as required;
(c) 
Conspicuously post the hours of operation at the business premises;
(d) 
Possess a valid certificate of occupancy and prominently display said certificate at the premises.
(4) 
Club permit. Any person or persons desiring to operator or continue to operate a bottle or BYOB club in the Borough of Plymouth shall file with the Borough Code Enforcement Officer an application for a club permit, which application shall include the following information: the name and address of the club; a statement whether the business is leased or owned by the club; a statement whether the business premises is leased or owned by the club; the name and address of the lessor of the business premises; if applicable, the nature of the ownership of the club (i.e., corporation, partnership, joint venture association) and the names and addresses of the officers and/or financial interest holders in the club.
(5) 
Unlawful activities. In any zoning district where bottle or BYOB clubs are otherwise permitted, it shall be unlawful for any person, persons who own, operate, lease, manage or control a bottle or BYOB club to:
(a) 
Remain open and/or to transact business between the hours of midnight and 11:00 a.m., prevailing time. In all cases, the premises must be vacated within 30 minutes after the required closing time.
(b) 
Conduct activities to which the chapter applies without possessing a valid club permit as specified herein.
(c) 
To allow entry thereto by or allow provision to or consumption by persons under the age of 21 years of any alcoholic liquors, alcohol or malt or brewed beverages.
(d) 
Bottle or BYOB club shall not occur in any residential structure.
(e) 
The principal structure of a bottle or BYOB club shall not be located within 300 feet from the nearest property line of any residential district, church, school, other institution of learning or education, hospital, library, park, and/or playground.
(f) 
In addition, to any monetary penalties for violations involved, the Borough of Plymouth shall revoke the club permit required upon conviction of any unlawful activities.
(6) 
Enforcement. The Plymouth Borough Police Department and the Plymouth Borough Code Enforcement Officer are hereby authorized and directed to enforce the terms of this section.
Uses permitted without board approval:
A. 
Uses conforming to the following performance standards:
(1) 
Smoke. The emission of gray smoke at a density greater than No. 1 on the Ringelmann Chart published by the U.S. Bureau of Mines (Power's Micro-Ringelmann Chart, McGraw Hill Publishing Co., 1954, may be used) shall not be permitted except gray smoke of a shade not darker than No. 2 may be emitted for not more than four minutes in any 30 minutes. These provisions, applicable to gray smoke, shall also apply to visible smoke of a different color but with equivalent apparent opacity.
(2) 
Fly ash, soot and dust. The emission of particles from any flue or smokestack shall not exceed 0.2 grain per cubic foot of flue gas at a stack temperature of 500° F. and 50% excess air and shall not cause any damage to the health of people, animals, vegetation, or other forms of property, or cause any excessive soiling. All walks, driveways, and parking or outdoor storage area shall be paved or dust-proofed.
(3) 
Noise. At no point on the boundary of a residence district, or property line other than a residence district boundary, shall the sound pressure level of any individual operation or plant (other than background noises produced by sources not under the control of this chapter, such as the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown below for the districts indicated:
Table A
Maximum Permissible Sound Pressure Levels
Maximum Sound Pressure Level in Decibels
(0.0002 dyne per square centimeter)
Octave Band in Cycles Per Second
Decibels Along Residence District Boundaries
Decibels Along Property Lines Other Than Residence District Boundaries
0 to 75
72
79
76 to 150
67
74
151 to 300
59
66
301 to 600
52
59
601 to 1,200
26
53
1,201 to 2,400
40
47
2,401 to 4,800
34
41
Above 4,800
32
39
Objectionable noises due to intermittence, frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses.
At the specified points of measurement, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Table A in any octave band of frequency. The sound pressure level, shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sound, 224.3-1944, American Standards Association, Inc., New York, NY and American Standard Specification for an Octave Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, American Standards Association, Inc., New York, NY, shall be used.)
(4) 
Odor. No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 3 (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists Association, Inc., Washington DC. Where said publication gives a range of figures, a simple average of these shall be used.
(5) 
Toxic gases. The emission of gases or fumes injurious to persons or property beyond the lot lines occupied by the use is prohibited. (Table 1, Industrial Hygiene Standards, Maximum Allowable Concentration, Chapter 5 of the Air Pollution Abatement Manual furnishes a list of toxic pollutants.)
(6) 
Glare and heat. Glare and heat from arc welding, acetylene torch cutting or similar processes shall be performed so as not to produce glare which is visible, or objectionable heat, beyond the property line of the lot which the operation is located. Direct glare from incandescent exposed lights shall not be visible from adjoining streets or properties.
(7) 
Sewage. No discharge is permitted at any point in any private sewage disposal system or stream or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply, or otherwise cause the emission of dangerous objectionable elements except in accordance with the standards as approved by water pollution control boards or appropriate agencies of the departments of health. Furthermore, no accumulation of solid wastes conductive to the breeding of rodents or insects shall be permitted.
(8) 
Vibration. Any use creating intense earth-shaking vibration shall be set back at least 500 feet from the lot lines on all sides, except for lot lines along or inside the heavy industrial district where such setback shall not be required, but in no case shall any such vibration be perceptible along the boundary line of any zoning district other than the heavy industrial district.
(9) 
Fire and safety.
(a) 
All buildings containing uses involving burning materials of any kind shall be of fireproof construction.
(b) 
Incombustible to moderate burning materials permitted freely.
(c) 
Free or active burning to intense burning materials must be:
[1] 
Enclosed within incombustible walls.
[2] 
Forty-foot setback or automatic sprinkler.
[3] 
Flammable vapors at ordinary temperatures, prohibited.
(d) 
This subsection shall not apply to the use of fuels if such use is limited to storage, and movement of fuel is within appropriate containers or pipes.
B. 
Uses prohibited.
[Amended 3-6-2017 by Ord. No. 1-2017]
(1) 
Residential subdivisions and development and the construction of dwellings on existing lots zoned as industrial, except for dwellings for watchman, caretaker or farm.
(2) 
Schools and hospitals, except where incidental to a permitted principal use.
C. 
Uses permitted with Board approval.
(1) 
Solid waste disposal areas, subject to the requirements of § 231-619.
D. 
Uses permitted without Board approval.
[Added 3-6-2017 by Ord. No. 1-2017]
(1) 
Retail stores, retail business, used car sales and lots.
Uses permitted without Board approval.
A. 
Uses conforming to the following performance standards.
(1) 
Smoke. The emission of gray smoke at a density greater than No. 2 on the Ringelmann Chart published by the U.S. Bureau of Mines (Power's Micro-Ringelmann Chart, McGraw Hill Publishing Co., 1954, may be used) shall not be permitted, except gray smoke of a shade not darker than No. 3 may be emitted for not more than four minutes in any 30 minutes. These provisions, applicable to gray smoke, shall also apply to visible smoke of a different color but with equivalent apparent opacity.
(2) 
Fly ash, soot and dust. The emission of particles from any flue or smokestack shall not exceed 0.3 grain per cubic foot of flue gas at a stack temperature of 500° F. and 50% excess air, and shall not cause any damage to the health of people, animals, vegetation, or other forms of property, or cause any excessive soiling. All walks, driveways, and parking or outdoor storage areas shall be paved or dust-proofed.
(3) 
Noise. At no point on the boundary of a residence district, or property line other than a residence district boundary, shall the sound pressure level of any individual operation or plant (other than background noises produced by sources not under the control of this chapter, such as the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown for the districts indicated.
Table A
Octave Band Cycles Per Second
Maximum Permitted Sound Level in Decibels Along Residence District Boundaries
Maximum Permitted Sound Level in Decibels Along Property Line Other Than Residential District Boundary
0 to 75
75
80
75 to 150
70
75
150 to 300
65
70
300 to 600
59
64
600 to 1,200
53
58
1,200 to 2,400
48
53
2,400 to 4,800
44
49
Above 4,800
41
46
Objectionable noises due to intermittence, beat, frequency or shrillness shall be muffled so as not to become a nuisance to adjacent uses. At the specified points of measurement, the sound pressure level of noise radiated continuously from a facility shall not exceed the values given in Table A in any octave band of frequency. The sound pressure level shall be measured with a sound level meter and an octave band analyzer that conform to specifications published by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sound, 224.3-1944, American Standards Association, Inc., New York, NY, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, 224.10-1953, American Standards Association, Inc., New York, NY, shall be used.)
(4) 
Odor.
(a) 
No emission of unpleasant gases or other odorous matter shall be permitted in such quantities as to be offensive outside the lot lines of the tract. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 3 (Odor Thresholds) in Chapter 5 of the Air Pollution Abatement Manual, copyright 1951 by Manufacturing Chemists Association, Inc., Washington, DC. Where said publication gives a range of figures, the highest figures shall be used.
(b) 
Tanneries, stockyards, glue factories, oil refineries, soap factories, rubber manufacture, fertilizer manufacture, and similar industries must present detailed plans for elimination of obnoxious odors before a permit will be granted.
(5) 
Toxic gases. The emission of gases or fumes injurious to persons or property beyond the lot occupied by the use is prohibited. (Table 1, Industrial Hygiene Standards, Maximum Allowable Concentration, Chapter 5 of the Air Pollution Abatement Manual furnishes a list of toxic pollutants.)
(6) 
Glare and heat. Glare and heat from arc welding, acetylene torch cutting or similar processes shall be performed so as not to produce glare which is visible, or objectionable heat, beyond the property line of the lot on which the operation is located. Direct glare from incandescent exposed lights shall not be visible from adjoining streets or properties.
(7) 
Sewage. No discharge is permitted at any point in any private sewage disposal system or stream or into the ground of any materials in such a way or of such nature or temperature as could contaminate any water supply, or otherwise cause the emission of dangerous objectionable elements, except in accordance with the standards as approved by water pollution control boards or appropriate agencies of the departments of health. Furthermore, no accumulation of solid waste conductive to the breeding of rodents or insects shall be permitted.
(8) 
Vibration. Any use creating intense earth-shaking vibrations shall be set back at least 500 feet from the boundary of a residence, commercial or light industrial district, but in no case shall any vibration be perceptible along the boundary of any district other than along or in a heavy industrial district.
(9) 
Fire and safety.
(a) 
All buildings containing uses involving burning materials of any kind shall be of fireproof construction.
[1] 
Incumbustible to moderate burning materials permitted freely.
[2] 
Free or active burning to intense burning materials.
[a] 
Enclosed within incombustible walls.
[b] 
Protected by automatic sprinkler.
[3] 
Flammable vapors at ordinary temperatures permitted except within 600 feet of any other zoning district.
(b) 
This subsection shall not apply to use of fuels if such use is limited to storage, and movement of fuel is within appropriate containers or pipes.
B. 
Permitted uses needing approval of the Hearing Board.
(1) 
Uses which cannot conform to the performance standards of heavy industrial districts. The Board shall require the applicant to make all reasonable efforts to minimize the objectionable or harmful effects involved, and may require distance provisions, locations downwind of developed areas, larger lot sizes or any other provisions deemed necessary in keeping with the public interest.
(2) 
Junkyards.
(3) 
Solid waste disposal areas subject to the requirements of § 231-619.
C. 
Prohibited uses.
(1) 
Residential subdivisions and developments and the construction of dwellings on existing lots zoned as industrial, except for dwellings for watchman, caretaker or farm.
(2) 
Schools, hospitals, clinics or other institutions for human care, except where incidental to a permitted use.
(3) 
Any building for retail business or service, except where incidental to a principal permitted use.