Unless the context otherwise requires, the following definitions
shall be used in the interpretation and construction of this chapter,
and words used in the present tense include the future; the singular
number shall include the plural, and the plural the singular; the
word "building" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased," or "intended to be used";
and the work "shall" is mandatory and not directory.
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
The use of land for agricultural purposes, including farming,
dairying, pasturage, apiculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry, and the necessary accessory uses
for farm homes, and packing, treating or storing the produce; provided,
however, that the operation of any such accessory uses shall be secondary
to that of normal agriculture activities, and provided further that
the above uses shall not include commercial hog farms or fur farms,
and excluding fertilizer plants or sale of fertilizer, feed stores,
tanneries, and similar objectionable uses.
Any and all beverages, including malt beverages, which contain
alcohol, liquor or such other intoxicating substances as are further
defined in the Pennsylvania Liquor Code, 47 P.S. § 1-101
et seq.
[Added 6-2-2009 by Ord.
No. 4-2009]
A public or private way affording secondary means of access
to abutting property.
The Board of County Commissioners of Luzerne County, Pennsylvania.
The Zoning Hearing Board of Plymouth, Pennsylvania
A building or part thereof, other than a hotel or restaurant,
where meals and/or lodging are provided for compensation, for five
or more persons not transients.
An establishment operated for profit or pecuniary gain which
is not licensed by the Pennsylvania Liquor Control Board and admits
patrons upon the payment of a fee, cover charge or membership fee
and in which alcoholic liquors, alcohol or malt or brewed beverages
are not legally sold but where alcoholic liquors, alcohol or malt
or brewed beverages are either provided by the operator or agents
or employees of the operator for consumption on the premises or are
brought into or kept at the establishment by the patrons or persons
assembling there for use and consumption. The term shall not include
a license under the Liquor Code or any organization as set forth in
Section 6 of the Solicitation of Funds for Charitable Purposes Act,
10 P.S. § 162.6.
[Added 6-2-2009 by Ord.
No. 4-2009]
Any structure for the shelter or enclosure of persons, animals
or chattels.
The vertical distance from the grade to the highest point
on the coping of a flat roof or to the deck line of a mansard roof,
or to the mean height level between eaves and ridge for gable, hip
and gambrel roofs.
A place of assembly or any other use defined in the chapter,
other than a dwelling unit, including, but not limited to, taverns,
clubs, and social buildings, that is not licensed by the Pennsylvania
Liquor Control Board, in which no alcoholic beverages are sold, but
where patrons are permitted to bring alcoholic beverages upon the
premises for their own use and consumption. A facility which is rented
for a limited period of time, but in no event to exceed six hours
in length, nor to exceed one rental in a twenty-four-hour period,
nor to occur between the hours of 12:00 p.m. midnight and 11:00 a.m.
by individuals or an organization for the purpose of a private party
in which alcoholic beverages are carried onto the premises, shall
not be considered a BYOB club under the terms hereof.
[Added 6-2-2009 by Ord.
No. 4-2009; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
The Planning Commission of Plymouth, Pennsylvania.
A portion of the territory of Luzerne County, within which
certain regulations and requirements or various combinations thereof,
apply under the provisions of this chapter. The term "R" or "residence
district" shall include "S-1," "R-1," "R-2" and "R-3" districts. The
term "B" or "business district" shall include the "B-1," "B-2," B-3
and "B-4" districts.
Any retail commercial use providing considerable off-street
parking and catering primarily to vehicular trade such as drive-in
restaurants, drive-in theaters and similar uses.
Any building or portion thereof which is designed for or
used for residential purposes.
A dwelling unit consists of one or more rooms for living
purposes, together with separate cooking and sanitary facilities used
or intended to be used by one or more persons living together and
maintaining a common household, and accessible from the outdoors either
directly or through an entrance hall shared with other dwelling units.
A building used or designed as a residence for three or more
families living independently of each other and doing their own cooking
therein, including apartment houses, apartment hotels, flats, townhouses
and group houses.
A detached building arranged or used for occupancy by one
family.
A detached or semidetached building where not more than two
individual family or dwelling units are entirely separated by vertical
walls or horizontal floors, unpierced except by access to the outside
or to a common cellar.
Any activity conducted for gain which is generally related
to the entertainment field, such as motion-picture theaters, bowling
alleys, roller-skating rinks, miniature golf, golf driving ranges,
commercial swimming pools, carnivals, and related uses.
A family is:
A single person occupying a dwelling unit and maintaining a
household; or
Two or more persons related by blood or marriage, occupying
a dwelling unit, living together and maintaining a common household,
including not more than one boarder, roomer or lodger; or
Not more than five unrelated persons occupying a dwelling unit,
living together and maintaining a common household.
An area of land not less than five acres in size, and used
for agricultural purposes, as defined in this section.
For the purposes of applying the requirements for off-street
parking and loading, "floor area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or
intended to be used by tenants, or for service to the public as customers,
patrons, clients or patients, including areas occupied by fixtures
and equipment used for display or sale of merchandise. It shall not
include areas used principally for nonpublic purposes such as storage,
incidental repair, processing or packaging of merchandise for shop
windows, for offices incidental to the management or maintenance of
stores or buildings, for toilet rooms or restrooms, for utilities
or for dressing rooms, fitting or alteration rooms.
A space or structure on the same lot with or in the building
to which it is accessory, for storage only, having no public shop
or service in connection therewith, and in which no occupation, business
or industry is conducted. Except on farms, only one commercial motor
vehicle not exceeding two tons capacity or weight may be parked in
a private garage or driveway.
A garage, other than a private garage, where motor-driven
vehicles are stored, equipped for operation, repaired, or kept for
remuneration, hire or sale.
A building designed or used primarily as a temporary abiding
place in which lodging is provided for compensation, with or without
meals, containing 10 or more guest rooms, and having an outside entrance
in common.
A place where waste, discarded or salvaged materials are
bought, sold, exchanged, stored, baled, cleaned, packed, disassembled
or handled, including auto wrecking yards, house wrecking yards, used
lumber yards, and places or yards for use of salvaged house wrecking
and structural steel materials and equipment, but excluding such uses
when conducted entirely within a completely enclosed building, and
excluding pawn shops and establishments for the sale, purchase or
storage of used cars in operable condition, salvaged machinery, used
furniture and household equipment, and the processing of used, discarded
or salvaged materials as part of manufacturing operations.
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 having a
remaining term of not less than 40 years, or other person having a
proprietary interest in land, shall be deemed to be a landowner for
the purposes of this chapter.
A parcel of land abutting on a street, whose area, in addition
to the parts thereof occupied of which may thereafter be occupied
by a principal building or one unit group of buildings and its accessory
buildings is sufficient to provide the open spaces required by this
chapter.
Any lot which individually, or as part of a subdivision,
has been recorded in the office of the Recorder of Deeds of Luzerne
County, Pennsylvania.
The width of a lot at the front building line, measured at
right angles to its depth.
A lot abutting on, and at the intersection of, two or more
streets, or upon two parts of the same street, where in either case
the interior angle formed by intersection of the street lines does
not exceed 135°.
A lot other than a corner lot or through lot.
One or more buildings for the accommodation of transient
guests, chiefly motorists, containing guest rooms for rent, each of
which has a separate outside entrance.
A lawful building or other structure which does not conform
to one or more of the applicable area regulations of the district
in which it is located, either on the effective date of this chapter,
or as a result of a subsequent amendment thereto.
The legal use of land, or a building or other structure,
which does not conform to the applicable use regulations of the district
in which it is located, either on the effective date of this chapter,
or as a result of subsequent amendments thereto.
An advertisement used outdoors, including painted walls or
rock face, of a product or service unrelated to the use of the land
or structure on which it is located, but not including official notices
or directional road signs of a governmental body.
A parking lot or garage, used for parking of automobiles,
available to the public, and which is not an accessory use.
Any enterprise conducted for gain, which primarily offers
services to the general public such as shoe repair, valet service,
watch repairing, barber shops, beauty parlors, and related activities.
An area of land, 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 or type of dwelling,
density, lot coverage and required open space to the regulations established
in any one residential district created, from time to time, under
the provisions of the Luzerne County Zoning Ordinance.
The use of offices and related spaces for such professional
services as are provided by doctors, dentists, lawyers, architects,
engineers, and realtors.
Any land or building owned, used, or maintained by the federal,
state, county or local governments or their agencies.
Group recreation facilities other than commercial, or public
recreation uses, not operated for profit, and open only to its members.
Those recreation facilities operated as a business and open
to the general public for a fee.
See "boardinghouse or lodging house."
Churches, Sunday schools, parochial schools, colleges, hospitals,
and other institutions of an educational, religious, charitable or
philanthropic nature.
A retail commercial area designed as a unit, with adequate
off-street free parking area, and usually consisting of several one-story
buildings.
An advertisement displayed outside a building, pertaining
to a product, service or name, related directly to the permitted activity
carried on and use of the lot on which it is placed, including painted
walls or structures.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
be no floor above it, the space between such floor and the ceiling
above it. A basement shall be counted as a story if its ceiling is
over six feet above the average level of the finished ground surface
adjoining the exterior walls of such story, or if it is used for business
or dwelling purposes.
Any change in the structural members of a building, such
as walls, columns, beams or girders.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A building and its equipment erected and used for the purpose
of facilitating transmission and exchange of telephone and radio messages
between subscribers, provided that in a residential district such
building shall conform to the architectural design of the neighborhood,
and shall not include public access or business facilities, storage
of materials, trucks or repair facilities, or housing of repair crews.
A rooming house primarily for transient guests.
MOBILE HOMEA use designed to look like a single-family home, to be occupied by a single family, transportable, which may be towed on its own running gear, and which may be temporarily or permanently affixed to real estate, used for nontransient residence purposes, and constructed with the same, or similar, electrical, plumbing, and sanitary facilities as immobile housing.
MOTORIZED HOMESA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
PICKUP COACHA structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, having a body width not exceeding eight feet, and being of any length, provided its gross weight does not exceed 4,500 pounds, or being of any weight, provided its body length does not exceed 29 feet.
A tract of land specifically planned and equipped to accommodate
residential trailers or mobile homes for temporary or continuing occupancy,
including all buildings, structures, tents, vehicles, utilities, and
accessories used or intended as equipment for such trailer or mobile
home park.
Any trailer usually drawn by passenger automobile, used for
the occasional transport or personal effects.
An activity, or a building housing such an activity, which
operates to serve the community as a whole or a portion of the community,
and which is subject to special public control.
Any structure designed to furnish air and/or power (including
transformation and conversion of said power) to underground coal mines.
Any open space located on the same lot with a building, unoccupied
and unobstructed from the ground up, except for accessory buildings,
or such projections as are expressly permitted in this chapter. The
minimum depth or width of a yard shall consist of the horizontal distance
between the lot line and the nearest point of the foundation wall
of the main building.
An open space extending the full width of the lot between
a building and the front lot line.
An open space extending the full width of the lot between
the building and rear lot line.
An open space extending from the front yard to the rear yard,
between a building and the nearest side lot line.
The written authorization issued by the Zoning Officer, for
use of land or buildings or other structures.
The map or maps containing the zoning districts of Plymouth,
Pennsylvania, together with all amendments subsequently adopted.
The Zoning Officer or his authorized representative, appointed
by the Borough Council of Plymouth, Pennsylvania.
