[Amended 4-20-2009 by Ord. No. 3-2009; 7-6-2009 by Ord. No. 4-2009; 6-21-2010 by Ord. No. 3-2010; 4-4-2011 by Ord. No. 2-2011; 12-2-2013 by Ord. No. 5-2013]
The following rules of construction shall apply to this chapter:
A. 
For the purpose of this chapter, certain terms and words are herein defined. Whenever used in this chapter, they shall have the meaning indicated in this article, except where there is indicated in context different meaning.
B. 
The particular shall control the general.
C. 
The words "shall" and "must" are mandatory and not discretionary. The word "may" is permissive.
D. 
Words used in the present sense shall include the future; words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
E. 
The phrase "used for" includes "arranged for, designed for, intended for, and/or occupied for."
F. 
The word "person" includes "individual," "profit or nonprofit organization," "partnership," "company," "unincorporated association," "corporation," or other similar entities.
When terms, phrases, or words are not defined, they shall have the meanings as defined in the latest Illustrated Book of Development Definitions (H.S. Moskowitz and C.G. Lindbloom, Rutgers, The State University of New Jersey, 2004), or, if not defined therein, they shall have their ordinarily accepted meanings or such as the context may imply.
For the purpose of this chapter, the following words, terms and phrases have the meaning herein indicated:
ABANDONED OR JUNKED VEHICLE
Any unregistered, unlicensed or abandoned automobile, truck, trailer, motorcycle, bus, farm machinery, or other motor vehicle which is partially dismantled, or wrecked or junked, or held or stored for scrap or for salvage. "Junk vehicle" shall not mean any motor vehicle classified as an antique motor vehicle by the Motor Vehicle Code of the State of Pennsylvania (75 Pa.C.S.A. § 101 et seq.).
ABUSED PERSON SHELTER
See "domestic violence shelter."
ACCESS DRIVE, PRIVATE
A type of drive permitted by Chapter 187, Subdivision and Land Development, to serve a residential lot which does not have frontage on a public or approved private road.
ACCESS POINT
One combined entrance/exit point, or one clearly defined entrance point separated from another clearly defined exit point. This term shall not include access ways or driveways that are strictly and clearly limited to use by only emergency vehicles; such accesses are permitted by right as needed.
ACCESSORY USE OR STRUCTURE
A use of land or of a structure, or portion thereof, customarily incidental and subordinate in extent or purpose to the principal use of the land or building and located on the same lot with such principal use. A portion of a principal building used for an accessory use shall not be considered an accessory structure.
ADDITION
An extension or increase in floor area or height of a building or structure. See also "alteration" and "repair."
ADJUSTED TRACT ACREAGE (ATA)
The tract area remaining when the specified constrained land has been deducted from the gross tract acreage; ATA is used to calculate both density and open space.
ADULT BUSINESS
A. 
Any of the following:
(1) 
A use of a building or land for a business which has obscene materials as a substantial or significant portion of its stock-in-trade.
(2) 
Any nightclub, bar, restaurant, arcade, theater, or any other establishment that conducts live performances as a principal part of its business that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas, or where any specified sexual activities are conducted for economic gain or any other form of consideration.
(3) 
Any of the following as defined in this Part 3:
(a) 
Adult arcade.
(b) 
Adult bookstore or adult video store.
(c) 
Adult live entertainment use or facility.
(d) 
Adult motel.
(e) 
Adult motion-picture theater.
(f) 
Adult theater.
(g) 
Escort agency.
(h) 
Massage parlor.
(i) 
Nude model studio.
(j) 
Sexual encounter center.
B. 
Additional definitions associated with adult business include:
(1) 
Adult arcade. Any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas. An adult arcade shall be considered an adult business for regulation by this chapter.
(2) 
Adult bookstore or adult video store.
(a) 
A commercial establishment which, as one of its principal business purposes or as a substantial part of its business, offers for sale or rental for any form of consideration any one or more of the following:
[1] 
Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video, or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas; or
[2] 
Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(b) 
A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore or adult video store. Such other business purposes will not serve to exempt such commercial establishment from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
(c) 
The term "adult bookstore" shall include but not be limited to an adult video store, and all such uses shall be considered an adult business for regulation by this chapter.
(3) 
Adult live entertainment use or facility.
(a) 
A commercial use (including, but not limited to, a use selling food or beverages) including live entertainment involving:
[1] 
Persons (which may include, but is not limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) appearing in a state of nudity; or
[2] 
Live performances which are characterized by the exposure of specified anatomical areas or simulated or actual specified sexual activities; or
[3] 
Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(b) 
An adult entertainment use or facility shall be considered an adult business for regulation by this chapter.
(4) 
Adult motel:
(a) 
A hotel, motel or similar commercial establishment which:
[1] 
Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
[2] 
Offers sleeping rooms for rent three or more times in one calendar day.
(b) 
An adult motel shall be considered an adult business for regulation by this chapter.
(5) 
Adult motion-picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. An adult motion-picture theater shall be considered an adult business for the purpose of this chapter.
(6) 
Adult theater. A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas. An adult theater shall be considered an adult business for regulation by this chapter.
(7) 
Escort. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(8) 
Escort agency. A person or business association or establishment which furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. An escort agency shall be considered an adult business for regulation by this chapter.
(9) 
Massage. Pressing, squeezing, stretching, or stimulating the face, scalp, neck, limbs, or other parts of the human body with or without cosmetic preparation, either by hand, or with mechanical or electrical appliances.
(10) 
Massage parlor. A person or business association or establishment which furnishes, offers to furnish or advertises to furnish as one of its primary business purposes, for a fee, tip or other consideration, a massage which involves the exposure of any specified anatomical areas. A massage parlor shall be considered an adult business for regulation by this chapter.
(11) 
Nude model studio. Any place, which is not excepted by § 215-42, where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. A nude model studio shall be considered an adult business for regulation by this chapter.
(12) 
Nudity or a state of nudity. The showing of the human male or female genitals or pubic area with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering or any portion thereof below the top of the areola.
(13) 
Obscene materials. Any literature, book, magazine, pamphlet, newspaper, paper, comic book, drawing, photograph, figure, image, motion picture, sound recording, article, instrument or any other written or recorded matter which depicts or describes, any specified sexual activities and/or specified anatomical areas.
(14) 
Sexual encounter center. A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or seminudity. A sexual encounter center shall be considered an adult business for regulation by this chapter.
(15) 
Specified anatomical areas. Any of the following:
(a) 
Less than completely and opaquely covered human genitals, pubic region, anus, or female breasts below a point immediately above the top of the areola.
(b) 
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(16) 
Specified sexual activities. Any of the following:
(a) 
The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
(b) 
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy.
(c) 
Masturbation, actual or simulated.
(d) 
Excretory functions as part of or in connection with any of the activities set forth in Subsection B(16)(a), (b) or (c) of this definition, above.
ADULT CARE FACILITY
See "nursing home."
A-FRAME OR SANDWICH BOARD SIGN
A movable sign consisting of two faces connected and hinged at the top.
[Added 5-5-2014 by Ord. No. 3-2014]
AFTER HOURS CLUB
A use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.
AGENT
Any person other than the owner who, acting for the owner, submits an application for the purpose of obtaining approval in accordance with this chapter.
AGRICULTURAL USE
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 in by farmers or are consistent with technological development within the agricultural industry. It includes necessary structures within the limits of the parcel and the storage of equipment necessary for production. It excludes agricultural products processing operations; riding academies, livery or boarding stables and dog or other animal kennels.
AGRICULTURE PRODUCTS PROCESSING
An industry that involves the processing of raw agricultural products, and transforming those products into a more refined, prepared or marketable state. Includes, but is not limited to, such uses as tanneries, dairies and food canning and freezing operations.
AGRITOURISM
Any activity carried out on a working agricultural operation, such as a farm, orchard or vineyard, that allows members of the general public, for recreational, entertainment, or educational purposes, to view or enjoy rural activities directly related to or part of the agricultural operation, including farming, wineries, historical, cultural, harvest-your-own activities, or natural activities and attractions. An activity is an agritourism activity whether or not the participant paid to participate in the activity.
AIRPORT
A tract of land, with or without buildings, where airplanes, jets, helicopters and/or any other type of aircraft land and take off.
ALLEY
A right-of-way, privately or publicly owned, primarily for service access to the rears or sides of properties.
ALTERATION
Any construction or renovation to an existing structure other than a repair or an addition. See also "addition" and "repair."
AMUSEMENT ARCADE
A building or part of a building in which pinball machines, video games, or other similar player-operated amusement devices are maintained excluding the use of less than five such devices accessory use to any lawful principal use.
AMUSEMENT PARK
A commercially operated park or facility with various devices for entertainment, including, but not limited to, rides, games, electronic games and similar devices, food stands and other associated facilities.
ANIMAL SHELTER
A facility used to house or contain stray, homeless, abandoned or unwanted pets and that is owned operated, or maintained by a public body, established humane society, animal welfare society (such as the Society for the Prevention of Cruelty to Animals), or other nonprofit organization devoted to the welfare protection, and humane treatment of animals.
ANTENNA, STANDARD
A device, partially or wholly exterior to a building, that is used for sending or receiving electromagnetic waves, such as television or radio signals, for use on site, or for transmitting short-wave or citizens' band radio signals.
APARTMENT
See "dwelling."
APPLICANT
An individual, trustee, executor, other fiduciary, corporation, firm, partnership, association, organization or other entity acting as a unit, and his/her/its heirs, successors and assigns, which is seeking an approval or permit pursuant to this chapter.
APPLICATION
Any application required to be filed for approval in accord with the requirements of this chapter.
ARCHERY RANGE, INDOOR COMMERCIAL
Any area within a fully enclosed building, used for the shooting of arrows for recreational or training purposes, which is a commercial operation, or which is operated by any government entity, private nonprofit entity, or any sportsman's, recreation or fraternal club or association. Considered a "recreation facility, commercial" for regulation by this chapter.
ARCHERY RANGE, OUTDOOR COMMERCIAL
Any area not within a fully enclosed building, used for the shooting of arrows for recreational or training purposes, which is a commercial operation, or which is operated by any government entity, private nonprofit entity, or any sportsman's, recreation or fraternal club or association.
ART STUDIO
An establishment or work space for the creation, manufacture, and/or preparation of individually crafted art work, jewelry, furniture, sculpture, pottery, art photography, leather craft, hand-woven articles, and related items; it may also include the sale, loan, or display of such items.
ASSISTED LIVING FACILITY
Residences that provide rooms, meals, personal care, and supervision of prescribed medication and which may provide other services, such as recreational activities, financial services, and transportation, and which is licensed as an assisted living facility by the Commonwealth of Pennsylvania.
ATTIC
Non-living space in or above a dwelling, unheated, with head space of less than 6.5 feet.
AUCTION HOUSE
A place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.
AWNING or CANOPY
An overhanging projection or covering, usually supported on poles, and made of canvas, fabric, plastic or other materials.
BANK
An establishment for the custody, loan, exchange or issue of money, for the extension of credit, and for facilitating the transmission of funds.
BASEMENT
An enclosed floor area partly or wholly below the finished grade with at least 1/2 of its floor to finished height above the average level of the adjoining finished grade, and with a floor-to-ceiling height of not less than 6 1/2 feet. A basement shall be counted as a story for the purpose of the building height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if it is used for business or dwelling occupancy or storage purposes and not solely for heating, mechanical and similar equipment. See "cellar."
BED-AND-BREAKFAST INN
An owner- or operator-occupied single-family dwelling in which transient visitors to the area are lodged for compensation, meals for lodging guests may or may not be included, and no cooking facilities are provided in any rental room.
BILLIARD HALL
An establishment with the principal use of playing cue sports, such as pool, snooker or carom billiards.
BITUMINOUS CONCRETE BATCH PLANT
An operation which combines asphalt or bituminous materials and aggregates and heat to manufacture a bituminous seal coat or bituminous concrete product. Considered mineral processing for the purposes of this chapter.
BLOCK
A tract of land, a lot or groups of lots, bounded by streets, public parks, watercourses, municipal boundary lines, unsubdivided land or by any combination of the above.
BOARDINGHOUSE or LODGING HOUSE
Any dwelling in which more than three persons, either individually or as families, are housed or lodged for hire with meals normally, but not necessarily, included as a part of the services rendered and no cooking facilities are provided in any rental room.
BOROUGH
The Borough of Mount Pocono, Monroe County, Pennsylvania.
BOROUGH COUNCIL or COUNCIL
The Borough Council of the Borough of Mount Pocono, Monroe County, Pennsylvania.
BOROUGH FACILITIES AND USES
Any building, structure, service or use under the jurisdiction of the Borough of Mount Pocono, Monroe County, Pennsylvania.
BREW PUB
A restaurant or tavern, as defined herein, that includes as an accessory use the brewing of malt beverages of alcoholic and/or nonalcoholic content which produces less than 15,000 gallons of malt beverages per year. (See also "microbrewery.")
BREWERY
A facility for the production and packaging of malt beverages of alcoholic and/or nonalcoholic content for retail or wholesale distribution, on or off the premises, and which produces 15,000 gallons or more of malt beverages per year. Considered agricultural products processing for the purposes of this chapter. (See also "microbrewery.")
BUFFER
A strip of land with fencing, dense vegetative planting, additional setback distances, berms or a combination thereof that separates one use from another use or feature and is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways or improvements, which is used to provide separation between incompatible uses to effect a visual barrier, block physical passage between uses, and reduce noise, dust and litter.
215 Buffer.tif
BUFFER, WATER QUALITY
The area of land immediately adjacent to any wetland, lake, pond, vernal pond, or stream, measured perpendicular to and horizontally from the delineated edge of the wetland, lake, pond, or vernal pond, or the top-of-bank on both sides of a stream, to provide separation from an intensive land use area (e.g., subdivision, farm) and minimize sediment and other pollutant loading; also referred to as "filter strips," "vegetated filter strips," "and grassed buffers."
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy.
BUILDING COVERAGE
The percentage of the area of the lot covered or occupied by the total horizontal projected surface area of all buildings on the lot and including accessory buildings and structures, including covered porches, carports and breeze ways, but excluding open and uncovered patios and decks.
BUILDING ENVELOPE
An area on a lot or development parcel which has been designated as the area in which development may occur. Building envelopes are identified by building setbacks, conservation areas, site conditions and other factors, and shall be specifically designated on the development plan and established by deed covenants and restrictions.
BUILDING FOOTPRINT
The horizontal ground area enclosed by the walls of a building together with the area of all covered porches and other roofed portions.
BUILDING HEIGHT
The average vertical distance from finished grade at the front and rear of the building to the top of the highest roof beams on a flat or shed roof, to the deck level on a mansard roof, and the average distance between the eaves and the ridge level for gable, hip, and gambrel roofs, not including chimneys, spires, elevator shaft extensions, mechanical appurtenances, and similar projections.
215 Building Height.tif
BUILDING PERMIT OR CONSTRUCTION PERMIT
See "permit."
BUILDING, ATTACHED
A building which has one or more walls or portions thereof in common with an adjacent building.
BUILDING, DETACHED
A building surrounded by open space on all sides within the same lot.
BUILDING, PRINCIPAL
A building in which is conducted the main or principal use of the lot on which said building is situated.
BULK FUEL STORAGE FACILITY
Any facility where gasoline is stored in bulk for distribution by delivery truck, or fuel, including, but not limited, to kerosene, home heating oil, diesel fuel, gasoline, or propane, is stored in large volume tanks for distribution to retail or wholesale establishments.
BUS SHELTER
Any shed-like structure, usually open on one or more sides, located along the regular route of a public bus, van. or other vehicle, including an official school bus, whose purpose is to provide temporary shelter for the users of the vehicle while they are waiting.
BUS STATION
An area and/or building where passengers load on and unload from buses, and where parking for passenger vehicles and ticket sales are normally part of the operation, but without bus maintenance and repair facilities.
BUS, LIMOUSINE OR TAXI TERMINAL
An area and/or building where buses, limousines, and or taxis are stored or parked on a regular basis, with or without maintenance and repair facilities.
BUSINESS OFFICE
A use comprised primarily of administrative and clerical services and involving no retail trade, lodging, warehousing or manufacturing. Such uses include, but are not limited to, financial services, legal services, travel agencies, insurance agencies, corporate offices and other similar uses.
BUSINESS SERVICES
Establishments primarily engaged in rendering services to businesses, including such activities as advertising and mailing, credit reporting and collection, duplicating, mailing, telemarketing, stenographic services, employment services, research and development and other similar services.
BUSINESS/COMMERCIAL USE
An enterprise, exchange of money, contract, occupation, trade or profession undertaken, either continuously or temporarily, for profit. The term "business" shall include the occupancy or use of a building or premises or any portion thereof for the transaction of a business or the rendering or receiving of professional or personal service.
CAMP/RETREAT
A parcel or parcels of land with lodging facilities where transient clientele participate in organized recreation, receive instruction or training, or are afforded peace, quiet, privacy or security.
CAMPGROUND or RECREATIONAL VEHICLE PARK
A plot of ground upon which two or more campsites are located, established or maintained for temporary occupancy by persons using tents or recreational vehicles, and which shall not be used for long term residency of occupants.
CANOPY or AWNING
An overhanging projection or covering, usually supported on poles, and made of canvas, fabric, plastic or other materials.
CAR WASH
Any building or premises or portions thereof used for commercial purposes for washing motorcycles, passenger cars and other two-axle, four-tire, single-unit vehicles without trailers.
CARPORT
A roofed building intended for the storage of one or more motor vehicles, but which is not enclosed on all sides by walls or doors. If any portion of a carport is attached to a principal building, it shall be considered to be part of that building.
CARTWAY
The portion of a street right-of-way paved or unpaved intended for vehicular use, including the travel way and shoulders.
CELLAR
An enclosed floor area partly or wholly below the finished grade with at least one-half of its floor-to-finished height below the average level of the adjoining finished grade, or with a floor-to-ceiling height of less than 6 1/2 feet. See "basement."
215 Cellar.tif
CEMETERY
A place for the interment of deceased pets or human beings in a grave, mausoleum, vault, columbarium or other receptacle, or a memorial garden/area for the dispersal of cremated remains, but not including a private family cemetery.
CERTIFICATE OF USE/OCCUPANCY
A document issued by the Borough stating that a newly constructed or altered building, structure, and/or use complies with this chapter and the Uniform Construction Code and may be lawfully used.
CHANGE OF USE
Any conversion of a use from one use as regulated by this chapter to a different regulated use.
CHARGING STATION
The physical device that provides a connection from a power source to an electric vehicle.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by the right-of-way lines of the streets and by a line of sight between points on the street right-of-way lines at a given distance from the intersection of the right-of-way lines.
CLINIC
An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists, or social workers and where patients require a stay of less than 24 hours.
CLUB/LODGE, PRIVATE
An area of land or building used by a nonprofit civic, social, fraternal, religious, political, labor union, or educational association of persons (established via a meaningful and substantial membership system as opposed to a token system) to pursue common goals, interests, or activities usually with the payment of fees and dues, regular meetings, and a charter and bylaws. "Club/lodge, private" shall not include commercial recreation clubs, such tennis or racquetball clubs, or any other use which is specifically defined by this chapter.
COLLEGE
An educational institution authorized by the state to award associate, baccalaureate, or higher degrees.
COMMERCIAL COMMUNICATION DEVICE
Any structure, antenna, equipment, cabinet or other device which is intended for commercial or governmental use in transmitting or receiving wireless television, radio, telephone or other electronic communications, including internal or agency communications, but excluding the following which are not appropriate subjects of this chapter.
A. 
Industrial, scientific and medical equipment as regulated by the Federal Communications Commission in 47 CFR Part 18.
B. 
Military and government radar antennas and associated communications towers used for navigational purposes as regulated by 47 CFR Part 87.
C. 
Amateur (ham) and citizen band transmitting and receiving antennas and associated communication towers as regulated by 47 CFR Part 97 and 47 CFR Part 95.
D. 
Radio transceivers normally handheld or installed in a vehicle, such as an automobile, truck, trailer or watercraft.
E. 
A radio frequency machine which is designated and marketed as a consumer product, such as auditory assistance devices, biomedical telemetry devices, carrier current systems, Class A or B digital devices, field disturbance sensors, perimeter protection systems, power line carrier systems, microwave ovens or radio controlled devices regulated by 47 CFR Part 15.
F. 
Privately owned antennas for receiving commercial television or radio serving a dwelling.
G. 
Towers and equipment used exclusively for emergency services or government communications.
COMMERCIAL COMMUNICATION DEVICE SUPPORT STRUCTURE
Any pole, telescoping mast, tower, tripod, or any other structure which supports a commercial communication device.
COMMERCIAL COMMUNICATION DEVICE SUPPORT STRUCTURE HEIGHT
The vertical distance measured from the base of the support structure at average grade to the highest point of the structure, including antennas.
COMMISSION
The Planning Commission of the Borough of Mount Pocono, Monroe County, Pennsylvania.
COMMON AREA
All of the real property and improvements dedicated for the common use and enjoyment of the residents of a particular development, including, but not limited to, open land, development improvements, common facilities, and recreation area.
COMMON FACILITIES
Improvements in a development that are not required by the Borough but have been constructed as part of a development for the common use and enjoyment of the residents of that development, including, but not limited to, community centers, recreation buildings and structures, and administrative and maintenance buildings.
COMMUNITY ASSOCIATION
See "property owners' association."
COMPREHENSIVE PLAN
The Coolbaugh Township, Borough of Mount Pocono, Tobyhanna Township, and Tunkhannock Township Regional Comprehensive Plan, including all maps, charts and textual matter.
CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)
Any livestock operation which is defined as a concentrated animal feeding operation by the regulations adopted by the Commonwealth of Pennsylvania.
CONCRETE BATCH PLANT
A facility in which materials (portland cement, aggregates, water, admixtures) are combined by a central mixer to produce concrete for transportation to and use at another site, and shall include customary accessory uses, including offices, maintenance and storage garages, material storage facilities, equipment and truck storage areas, scales, conveyors, water storage and heating facilities, stormwater management, sediment basins, concrete recycling/reclamation equipment and other uses customarily necessary to produce, sell and transport mixed concrete. Considered mineral processing for regulation by this chapter.
CONDITIONAL USE
A use in a particular zoning district to be allowed or denied by the Borough Council pursuant to public notice and hearing and recommendation of the Borough Planning Commission as authorized by § 603(c)(2) of the Municipalities Planning Code.[1]
CONDOMINIUM
A building, or group of buildings, in which dwelling units, offices, or floor area are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONFERENCE CENTER
A facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health center, and retail stores and services primarily for conference center guests.
CONSERVATION AREA, PRIMARY
Those areas of a development tract which are comprised of environmentally sensitive lands on which development is minimized.
CONSERVATION AREA, SECONDARY
Those areas of a development tract which are somewhat less sensitive than primary conservation areas and which may be critical to the effect the development will have on both the natural environment and the character of the community.
CONSERVATION DESIGN SUBDIVISION
A subdivision designed at the regulated dwelling unit density where individual lots are reduced in size, important natural resources are conserved, and the resultant open space is preserved in perpetuity.
CONSERVATION EASEMENT
A right or interest in land granted primarily for the preservation of the land in its undeveloped state but which may allow limited development (e.g., a residential structure) and other compatible uses, such as agriculture and forestry.
CONSTRUCTION
The erection, reconstruction, renovation, repair, extension, expansion, alteration or relocation of a building or structure, including the placement of manufactured homes.
CONTRACTOR YARD
Any premises used as the base of operation by any tradesman or contractor for the storage of equipment, vehicles and supplies.
CONVENIENCE STORE
A retail establishment of up to 5,000 square feet selling prepackaged food products, household items, newspapers and magazines, candy, and beverages, a limited amount of freshly prepared foods, such as sandwiches and salads, for off-premises consumption, self-service fuel or other goods commonly associated with the same.
CONVENTIONAL DESIGN SUBDIVISION
A subdivision designed at the dwelling unit density specified in this chapter where individual lot reduction is not permitted.
CORRAL
An enclosure for confining livestock and which is typically attached to or situated in close proximity to a stable or barn as contrasted to a pasture.
CORRECTIONAL FACILITY
A public or private facility used to house and/or rehabilitate adults or juveniles detained, sentenced or adjudicated delinquent by the criminal justice system, including, but not limited to, jails, prisons, penitentiaries, reformatories, halfway houses, transitional living facilities, juvenile detention facilities, and similar facilities.
COUNTRY CLUB
A recreational property owned and managed by a nonprofit membership organization including recreational facilities, restaurant and meeting rooms, but not including property owner association facilities or other properties operated for profit.
COUNTY
The County of Monroe, Commonwealth of Pennsylvania.
COUNTY PLANNING COMMISSION
The Planning Commission of Monroe County, Pennsylvania.
COVERAGE, LOT
See "lot coverage."
CRAWL SPACE
An enclosed portion of a building or an open pier area not exceeding six feet in height from floor to ceiling, located below the first occupied floor of a building and not used for business or dwelling purposes. A crawl space shall not be counted as a story for the purpose of building height measurement or determining the gross floor area of a building.
CREMATORIUM
A furnace or a building or part thereof used for the incineration of human or animal corpses.
CROP PRODUCTION
An agricultural use involving the use of land for the raising of cultivated plants or agricultural produce, such as grain, vegetables, silage, or fruit. The definition excludes commercial greenhouses and commercial nurseries as defined by this chapter.
CRUSHER PLANT
An operation which processes minerals or other materials and crushes them to various sizes for the purpose of resale or use. Considered mineral processing for regulation by this chapter.
CULTURAL CENTER
A public or nonprofit operated building open to the public which contains exhibits of a cultural interest, such as a museum, art gallery, nature center, library, etc. Considered a public or semi-public facility or use for regulation by this chapter.
DAY-CARE CENTER
A facility which cares for seven or more children or adults for periods of less than 24 hours per day at any hours of any day of the year.
DAY CARE, FAMILY HOME
A private residence where six or fewer children or adults receive care or supervision for periods of less than 18 hours per day at any hours between 6:00 a.m. and 12:00 midnight.
DECISION
A final adjudication of any board or other body granted jurisdiction under this chapter to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be appealable to a court of competent jurisdiction.
DECK
An attached or unattached platform structure elevated more than six inches and constructed with no walls and with no roof.
DENSITY
The total number of dwelling units per unit of land.
DEP
The Pennsylvania Department of Environmental Protection.
DETACHED BUILDING
See "building, detached."
DETACHED STRUCTURE
See "structure, detached."
DETERMINATION
Final action by an officer, body or agency charged with the administration of this chapter or applications hereunder, which has that authority as stated in various parts of this chapter. Determinations shall be appealable only to the Boards designated as having jurisdiction for such appeal.
DEVELOPER
Any landowner or agent thereof, or tenant or equitable owner under an agreement of sale having the permission of the landowner, who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, the placement of manufactured homes, streets and other paving, utilities, filling, grading, excavation, mining, dredging or drilling operations and the subdivision of land.
DEVELOPMENT IMPROVEMENTS
All the physical additions and changes to a tract and the constructed facilities necessary and/or required by the municipality to produce a usable and functional development, including, but not limited to, roads, parking areas, stormwater controls and drainage easements, landscaped areas, utilities, and water supplies and sewage disposal systems.
DEVELOPMENT PLAN
A proposed development plan, prepared in accordance with this chapter and Chapter 187, Subdivision and Land Development, including a plat of the subject parcel and any subdivision, locations of various uses, and all covenants relating to uses, locations and sizes of buildings and other structures, intensity of use or density of development, streets, ways, parking facilities, common open spaces, and public facilities.
DEVELOPMENT SALES OFFICE
Any structure erected within the confines of a subdivision for use by the owner or developer of the subdivision as an office on a short-term basis for the promotion of sales of real estate exclusively within the confines of the subdivision, with ultimate use of the structure in conformance with the standards applicable in the district in which the structure is located.
DISTRIBUTION CENTER/TRUCK TERMINAL
An establishment engaged in the receipt, storage and distribution of goods, products, cargo and materials, including transshipment by boat, rail, air or motor vehicle. Breakdown of large orders from a single source into smaller orders and consolidation of several orders into one large one for distribution to several recipients and vice versa are often part of the operation. The operation may include the storage or parking of trucks awaiting cargo as well as facilities for servicing of trucks. Storage facilities, such as warehouses, incidental to the principal use may also be part of the operation. Retail sales, manufacturing and assembly, or product processing, are not considered part of a distribution center/truck terminal.
DISTRICT (or ZONE or ZONING DISTRICT)
A designated land area in the Borough within which certain uniform regulations and requirements apply under the provisions of this chapter.
DOMESTIC VIOLENCE SHELTER
A residential use providing food, shelter, medical care, legal assistance, personal guidance, or other services to persons who have been victims of domestic violence, including any children of such victims, and who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
DONATION DROPOFF BOX
Any portable outdoor container intended or used for the collection and storage of unwanted textile and household items, such as clothing, toys, books, and shoes, which are removed from the container on a periodic basis.
[Added 6-6-2016 by Ord. No. 2-2016]
DORMITORY
A building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery, or similar institutional use which is owned by and is located on the same parcel as the institution it serves.
DRIVE-IN STAND/USE
An establishment that, by design, physical facilities, service, or packaging procedures, encourages or permits customers to receive services or obtain goods while remaining in their motor vehicles.
DRIVE-IN THEATER
See "theater, drive-in."
DRIVEWAY
A privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having frontage or legal access on the said road.
DUMP
See "landfill" and "solid waste facility."
DWELLING
A structure or portion thereof which is used exclusively for human habitation.
DWELLING IN CONJUNCTION WITH A NONRESIDENTIAL USE
A dwelling unit in conjunction with a nonresidential use.
DWELLING UNIT
One or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. Any part of a dwelling structure which is not connected with full unrestricted access to all other parts of the dwelling structure is considered a separate dwelling unit.
DWELLING, APARTMENT UNIT
One or more rooms with private bath and kitchen facilities constituting an independent, self-contained dwelling unit in a building containing three or more dwelling units.
DWELLING, MULTIFAMILY
(See also "multifamily project.") A building or buildings designed for occupancy by three or more families living independently of each other in separate dwelling units. The term "multifamily dwelling" shall include condominium as well as non-condominium housing units including the following construction types:
A. 
TOWNHOUSEA dwelling unit located in a multifamily dwelling not exceeding 2 1/2 stories or 35 feet in height in which each unit has its own front access to the outside and may have a rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
B. 
GARDEN APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three to 10 dwelling units and not exceeding 2 1/2 stories or 35 feet in height, with access to each apartment unit usually from a common hall with the apartment units located back-to-back, adjacent, or one on top of another.
C. 
APARTMENT BUILDINGA multifamily dwelling, originally designed as such, containing three or more apartment units which is more than 2 1/2 stories but not exceeding the height limitations (in feet) of this chapter.
D. 
RESIDENTIAL CONVERSION TO APARTMENTThe conversion of an existing single-family detached dwelling into three to five dwelling units.
DWELLING, SINGLE-FAMILY
A. 
DETACHEDA building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
B. 
SEMIDETACHEDA single-family dwelling unit that is attached to one other single-family dwelling unit by a common vertical wall with each dwelling located on a separate lot.
C. 
LOT LINEA single-family, detached dwelling on an individual lot, with the building set on, or close to, one side property line, so that the lot essentially has only one side setback. This side setback and the rear setback constitute the primary outdoor living areas for the dwelling. Typically, no windows are placed in the building wall that is on the lot line. If the building is set on the lot line, a five-foot easement is provided on the adjacent property along the lot line for necessary access and maintenance of the building wall.
215 Dwellings.tif
DWELLING, TWO-FAMILY
A building containing two dwelling units either attached side by side through the use of a vertical party wall and having one side setback adjacent to each dwelling unit; or upstairs/downstairs units. (See also "multifamily project for two-family dwellings" in "multifamily project.")
EARTH DISTURBANCE ACTIVITY
Any activity, including, but not limited to, construction, mining, farming, timber harvesting and grubbing, which alters, disturbs and exposes the existing land surface.
EASEMENT
A grant of one or more of the property rights by the property owner to and/or for use by the public, a corporation, or another person or entity.
EMPLOYEE
Including, but not limited to, full or part-time workers, volunteers, proprietors and all professionals.
ENCROACHMENT
Construction of any building, structure or any obstruction or illegal or unauthorized intrusion within the boundaries of any adjacent land, right-of-way street, setback, watercourse or public or reserved ground shown or laid out on any official map, Borough approved plot plan or in violation of any provision of set forth in this chapter.
ENGINEER, BOROUGH
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer of the Borough.
ERECT
To build, construct, alter, repair, display, relocate, attach, hang, place, suspend or affix to any building or structure.
ESSENTIAL SERVICES
Municipal or utility facilities that do not require enclosure in a building which are necessary for the public health and safety and which are routine, customary and appropriate to the character of the area in which proposed, including such facilities as poles, towers, wires, utility cabinets, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment. Buildings, sewage treatment plants, solid waste disposal facilities, commercial communication towers, utility company offices, storage of trucks or equipment and bulk storage, and any commercial communications devices and any other use specifically defined by this chapter shall not be considered essential services. (For essential services requiring enclosure in a building see "semipublic facility or use.")
EXERCISE CLUB
A type of service establishment that offers indoor or outdoor recreational facilities, such as the following: weight rooms, exercise equipment, nonhousehold pool and racquetball courts.
EXOTIC ANIMAL
See "wild or exotic animal."
FAMILY
A person living alone or any of the following groups living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking, and eating facilities:
A. 
Any number of people related by blood, marriage, adoption, guardianship or other duly-authorized custodial relationship resulting in one of the following relationships: husband, wife, brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, nephew, niece, sister-in-law, brother-in-law, father-in-law, mother-in-law or first cousin;
B. 
Three unrelated people;
C. 
Two unrelated people and any children related to either of them;
D. 
Not more than eight people who are residents of a group home meeting the requirements of § 215-26; or
E. 
Not more than eight people who are granted a special exception as a single nonprofit housekeeping unit (a functional family) pursuant to § 215-26.1.
The definition of a family does not include:
F. 
Any society, club, fraternity, sorority, association, lodge, combine, federation, coterie, or like organization;
G. 
Any group of individuals whose association is temporary or seasonal in nature; and
H. 
Any group of individuals who are in a group living arrangement as a result of criminal offenses.
FARM STAND
A booth or stall on a farm, nursery or greenhouse and from which produce and farm products grown on the premises are sold to the general public.
FARMERS' MARKET
The seasonal selling or offering for sale at retail of vegetables or produce, flowers, orchard products, and similar nonanimal agricultural products, occurring in a predesignated area, where the vendors are individuals who have raised the vegetables or produce or have taken the same on consignment for retail sale.
FENCE or WALL
Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land or to be used as a means of protection or confinement; also, a structure which permanently or temporarily prohibits or inhibits unrestricted travel between properties or portions of properties or between the street or public right-of-way and a property. The term wall does not include engineering retaining walls, which are permitted uses as needed in all districts. The terms "fence" and "wall" do not include hedges, trees or shrubs.
FLEA MARKET, INDOOR
Any sales activity conducted entirely in an enclosed building where stalls or sales areas may be set aside and rented or otherwise provided which are intended for use by various unrelated individuals at which articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique are sold, and which may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade. Considered a retail establishment for regulation by this chapter.
FLEA MARKET, OUTDOOR
Any sales activity conducted in the open air or under any pavilion or other building, tent or structure which is not fully enclosed where stalls or sales areas may be set aside and rented or otherwise provided which are intended for use by various unrelated individuals at which articles that are either homemade, homegrown, handcrafted, old, obsolete, or antique are sold, and which may include the selling of goods at retail by businesses or individuals who are generally engaged in retail trade.
FLOOD, FLOODPLAIN and RELATED DEFINITIONS
See § 215-38C and the Borough's Floodplain Ordinance.
FLOOR AREA or FLOOR AREA, GROSS
The sum of the total horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for vehicles, any space where the floor-to-ceiling height is less than six feet, elevator shafts, common stairwells in an apartment building, and unenclosed porches, decks and breezeways.
FORESTRY
The management of forests and timberlands when practiced in accord with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any of the following: a land development, the operation of a sawmill or the operation of any other wood manufacturing business.
FRATERNITY OR SORORITY HOUSE
A building containing sleeping rooms, bathrooms, common rooms, and a central kitchen and dining room maintained exclusively for fraternity or sorority members and their guests or visitors and affiliated with an institution of higher learning. Considered group quarters for regulation by this chapter.
FRONTAGE
See "lot frontage."
FUNCTIONAL FAMILY
See "family" and § 215-26.1.
FUNERAL HOME WITH A CREMATORIUM
A building or part thereof used for human or animal funeral services which may contain space and facilities for any of the following:
A. 
Storage of corpses, embalming and the performance of other services used in preparation of human or animal corpses for burial or for cremation at a crematorium.
B. 
The storage of caskets, funeral urns, and other related funeral supplies.
C. 
The storage of funeral vehicles.
D. 
A crematorium.
FUNERAL HOME WITHOUT A CREMATORIUM
(A crematorium and a funeral home with a crematorium are separate regulated uses.) A building or part thereof used for human or animal funeral services which does not contain a crematorium, but which may contain space and facilities for any of the following:
A. 
Storage of corpses, embalming and the performance of other services used in preparation of human or animal corpses for burial or for cremation at a crematorium.
B. 
The storage of caskets, funeral urns, and other related funeral supplies.
C. 
The storage of funeral vehicles.
FUR BEARING ANIMAL
Animals raised or trapped in the wild for their pelts, such as mink, sable, and ermine.
GAMING ESTABLISHMENT
Any facility in which any form of gaming is conducted as authorized by the laws of the Commonwealth of Pennsylvania, including, without limitation, gaming authorized by i) the Pennsylvania Racehorse Development and Gaming Act, P.L. 572, No. 71, 4 Pa.C.S.A, § 1101 et seq., as amended from time to time (the "Racehorse Development and Gaming Act"); and ii) the Racehorse Industry Reform Act, P.L. 435, No. 135, 4 P.S. § 325.101 et seq., as amended from time to time (the "Racehorse Reform Act"). Notwithstanding the foregoing, for purposes of this chapter, the term "gaming establishments" shall not include or encompass facilities or establishments at which small games of chance are played, facilities participating in any lottery authorized by the Commonwealth of Pennsylvania, or any other games of chance permitted by Pennsylvania law as accessory to a commercial use.
GARAGE SALE
See "yard sale."
GARAGE, MUNICIPAL
A structure owned or operated by a municipality and used primarily for the parking, storage and maintenance of municipal vehicles.
GARAGE, PRIVATE CUSTOMER AND EMPLOYEE
A structure that is accessory to an institutional, commercial, or manufacturing establishment, building, or use and is primarily for the parking and storage of vehicles operated by the customers, visitors, and employees of such building and that is not available to the general public.
GARAGE, PRIVATE RESIDENTIAL
A structure that is accessory to a single- or two-family dwelling, is used for the parking and storage of vehicle(s) owned and operated by the residents thereof, and is not a separate commercial enterprise available to the general public.
GARAGE, PUBLIC PARKING
A structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GARDEN CENTER, RETAIL
A retail establishment engaged in the sale of ornamental trees, shrubs and plants and supplies for gardening and landscaping.
GAS STATIONS
A retail establishment where motor fuels are dispensed into the fuel tanks of motor vehicles and may include the sale of other retail products. It may also include light maintenance activities, such as tuneups, oil changes, lubrication, tire changing, and minor repairs, but shall not include heavy automobile maintenance activities such as engine overhauls, body work and painting.
GAZEBO
An unenclosed or partially enclosed, detached, covered accessory structure primarily used for recreation or socializing.
GOLF COURSE
A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses and shag ranges; but does not include miniature golf courses or golf driving ranges.
GOLF COURSE, MINIATURE
A novelty version of golf played with a putter and golf ball on a miniature course, typically with artificial playing surfaces, and including obstacles such as bridges and tunnels. Considered a recreation facility, commercial, for regulation by this chapter.
GOLF DRIVING RANGE
A facility arranged with golf tees and used for longer range play of golf balls where balls are supplied for a fee. It may also include a putting green. Considered a recreation facility, commercial, for regulation by this chapter.
GRADE
A. 
The average finished ground elevation adjoining a building; or
B. 
The degree of inclination of a slope, road, or other surface.
GRADE, FINISHED
The final elevation of the average ground level adjoining a building at all exterior walls after development.
GRADE, NATURAL
The elevation of the ground level in its natural state before construction, filling, or excavation.
215 Grade, Natural.tif
GRAIN STORAGE, DISTRIBUTION, PROCESSING AND MILLING OPERATIONS
A facility, including necessary structures, where grain is received and stored on site until it is prepared for reshipment or is prepared for use as an ingredient in other products, and is then shipped to other manufactures. Considered agricultural products processing for regulation by this chapter.
GREENHOUSE, COMMERCIAL
A structure, typically constructed of metal or wood framework and covered with glass or plastic, used for the propagation of plants for wholesale or retail distribution. and including associated structures for office space and storage. but not including retail sales of any products or services.
GREENHOUSE, PRIVATE
An accessory structure, typically constructed of metal or wood framework and covered with glass or plastic, for private noncommercial use.
GROUP HOME
The use of any lawful dwelling unit which meets all of the following criteria:
A. 
Involves the care of the maximum number of persons permitted by the group home standards of § 215-26, and meets all other standards of such section.
B. 
Involves persons functioning as a common household.
C. 
Involves providing nonroutine support services and oversight to persons who need such assistance to avoid being placed within an institution, because of physical disability, old age, mental impairment or other handicap* as defined by applicable Federal law.
D. 
Does not involve the housing or treatment of persons who could reasonably be considered a threat to the physical safety of others.
* NOTE: As of 1992, the Federal Fair Housing Act[2] defined Handicap as follows: 1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in § 802 of Title 21.
GROUP HOME, INSTITUTIONAL
A use that would otherwise meet the definition of "group home," but which includes more than the permitted number of residents specified by this chapter.
GROUP QUARTERS
All buildings used primarily for the housing of persons nonrelated by blood or marriage, including, but not limited to, dormitories, fraternities, sororities, and all other structures occupied by groups of persons sharing a dwelling. Rooming houses, boardinghouses, hotels, motels, and resorts, group homes, jails, prisons and correctional facilities, clinics, health facilities and any use specifically listed in a zoning district in Article IV shall not be considered group quarters.
GUARD SHACK
An accessory building or structure, together with any associated gates and related equipment, which is designed, occupied and operated for the purpose of controlling vehicular access.
HALFWAY HOUSE
A transitional facility for individuals after release from an institution (as for mental disorder, drug addiction, or criminal activity) that is designed to facilitate their readjustment to private life.
HEALTH FACILITY
An establishment primarily engaged in providing services for human health maintenance, including clinics and hospitals, whether publicly or privately operated.
HEARING
An administrative proceeding conducted by the Planning Commission, governing body, or Zoning Hearing Board pursuant the requirements of this chapter.
HELIPORT
An area, either at ground level or elevated on a structure, licensed by the federal government and/or the commonwealth for the loading, landing, and takeoff of helicopters and including auxiliary facilities, such as parking, waiting room, fueling, and maintenance equipment.
HELISTOP
A heliport without auxiliary facilities, such as parking, waiting room, fueling, and maintenance equipment, limited to a maximum total of 15 flights or takeoffs in any seven-day period (in addition to flights necessary for emergency medical purposes) and that is not available for use by the general public.
HOME OCCUPATION
Any activity conducted for gain by a resident in the resident's dwelling unit.
HOMELESS SHELTER
A government or nonprofit corporation facility providing temporary housing to indigent, needy or homeless persons.
HOMEOWNERS' ASSOCIATION
See "property owners' association."
HORSE
Any animal of the horse family or resembling a horse including, but not limited to, horses, ponies, mules and donkeys.
HOSPITAL
An institution or establishment providing primary health services and medical or surgical care to persons, primarily inpatients, and including, as an integral part of the institution, related facilities, such as laboratories, outpatient facilities training facilities, medical offices, or staff residences. Considered a health facility for regulation by this chapter.
HOTEL
A facility offering temporary (generally for periods of two weeks or less and not intended to be used as a permanent residence) lodging accommodations to the general public, typically on the basis of daily or weekly rentals, and providing additional services, such as restaurants, meeting rooms and recreational facilities.
IMPERVIOUS SURFACE
A surface that prevents the percolation of water into the ground, such as rooftops, pavement, sidewalks, driveways, gravel drives, roads and parking, and compacted fill, earth or turf to be used as such.
215 Impervious Surface.tif
IMPROVEMENTS
See "development improvements."
INDUSTRIAL WASTEWATER TREATMENT FACILITY
A facility not located on the same lot where the wastewater is generated, which is used for treating and removing any harmful chemicals, compounds (including the flow-back water and solutions used in the process of hydraulic fracturing for natural gas) nutrients, organics, solids, radionuclides or other materials prior to being transported off-site for reuse or discharged into a stream or into the soil. Such a facility typically includes a multibay truck loading/unloading station, skim ponds for oil/water separation, water clarifiers, sludge dewatering facilities, reverse osmosis units, evaporators, chemical feed equipment, pumps and other appurtenances.
INDUSTRY
Establishments engaged in the basic mechanical, chemical or other transformation of extracted or raw materials or substances into new products or materials, including, but not limited to, the assembly of component parts, the manufacturing or transformation of products for use by other manufacturers, the blending of materials such as lubricating oils, plastics, resins or liquors, other basic industrial processes, mineral processing, and any facility involving processes resulting in the nonincidental storage of hazardous materials or the generation of hazardous waste products, or other environmentally hazardous processes.
JUNK
A. 
Any scrap, waste, refuse, reclaimable material or debris, vehicles, appliances, equipment or machinery, or parts thereof, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Junk shall include, but shall not be limited to:
(1) 
Scrap iron, tin, brass, copper, lead, zinc and all other metals and alloys; bones, rags, paper, used cloth, used rubber, used rope, and similar materials, old or used, or parts of machinery, vehicles, tools, appliances, furniture, plumbing, heating and other fixtures, and pipe and pipe fittings;
(2) 
Used lumber, boxes, crates and pallets;
(3) 
Used tires;
(4) 
Other worn, deteriorated, or obsolete manufactured goods which are unusable;
(5) 
Mobile/manufactured homes that are not in habitable condition; and
(6) 
Abandoned or junked vehicles.
B. 
Junk shall not include:
(1) 
Any solid or liquid waste the disposal of which is regulated by the Pennsylvania Department of Environmental Protection.
(2) 
Agricultural vehicles and implements such as tractors, mowers, etc., for use as parts for equipment and machinery used as part of an active, ongoing agricultural operation provided such equipment is stored on the premises of the operation, can be legitimately used for parts, and is adequately screened.
(3) 
Construction and contractors equipment for use as parts for equipment and machinery used as part of an active, ongoing contracting business legally operating in accord with this chapter, provided such equipment is stored on the premises of the operation, can be legitimately used for parts, and is adequately screened.
JUNKYARD
An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of junk as defined by this chapter, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. Vehicle sales lots managed by licensed vehicle dealers operated in accord with this chapter shall not be considered junkyards. The following shall also be considered junkyards:
A. 
The outside storage or deposit on a lot of two or more abandoned or junked vehicles; and
B. 
The outside storage or deposit on a lot of one or more mobile/manufactured homes that are not in habitable condition.
KENNEL
Any establishment housing dogs, cats, or other household pets and where grooming, breeding, boarding, training, or selling of animals may also be conducted as a business. This definition shall also include any veterinary clinic with outdoor animal runs.
LAND DEVELOPMENT
Any of the following activities:
A. 
A subdivision of land.
B. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
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
(2) 
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.
C. 
The definition of "land development" shall also include the expansion or addition to a nonresidential building which involves any of the following as measured cumulatively from the effective date of this provision:
(1) 
The addition of 25% or more of floor area to the structure; or
(2) 
The increase by 25% or more of impervious area (including building area) on the parcel; or
(3) 
Any increase in impervious area which will result in the generation of stormwater in such volume as will not be controlled by existing stormwater facilities pursuant to the requirements of this chapter.
D. 
The definition of land development shall not include the following:
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(2) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
LANDFILL
See "solid waste facility."
LANDOWNER
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.
LIVESTOCK
Any animals raised or kept for home consumptive use or profit, including, but not limited to, cattle, bison, sheep, goats, horses, llamas, swine, fowl, rabbits, insects, and fur bearing animals.
LIVESTOCK OPERATION
The raising or keeping of livestock for home use, enjoyment or any commercial purpose.
LOADING/UNLOADING SPACE
An interior or exterior off-street space or berth used for the loading or unloading of people, cargo, products, or materials from vehicles.
LONG-TERM RESIDENCY
See "residency (or occupancy), long term."
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT AREA
The horizontal land area contained within the lot lines of a lot (measured in acres or square feet) determined by deducting from the total lot size the areas of constrained land as specified in § 215-23E for development on parcels of three acres or more [See § 215-23C(1)(a)] or in § 215-20B for development parcels of less than three acres. In the case of a flag lot, the lot area shall not include the access.
215 Lot Types.tif
LOT COVERAGE
That portion of the lot covered by all created improvements, including but not limited to primary buildings, decks, porches, accessory buildings, paving, patios, sidewalks, pools and other impervious areas, provided that, where a municipal boundary bisects a lot, the total area of the lot, regardless of the municipal boundary, shall be used for the purpose of determining compliance with the permitted lot coverage.
LOT DEPTH
The horizontal distance between the midpoint of the front lot line and the midpoint of the rear lot line. On corner lots, lot depth shall be measured along the longest dimension of the lot.
LOT LINE
A line of record bounding a lot that divides one lot from another lot or from a public or private street or any other public space. See also "setback, required."
LOT LINE, FRONT
The lot line(s) separating the lot from any street. In the case of a flag lot, the lot line where the narrow access corridor widens shall be considered the front lot line.
LOT LINE, REAR
The lot line opposite and most distant from the front lot line. In the case of triangular or otherwise irregularly shaped lots, a line 10 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line. (See § 215-20 for corner lots.)
215 Lot Line, Rear.tif
Rear Lot Line on Triangular Lot
LOT LINE, SIDE
Any lot line other than a front or rear lot line.
LOT WIDTH
The horizontal distance between the side lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required or approved front setback line. In the case of a lot fronting on a cul-de-sac turnaround or curve, along a chord perpendicular to a radial line located equidistant between the side lot lines, the said chord shall intersect the radial line at a point located at the required or approved building setback line.
LOT, CORNER
A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135°.
LOT, EXISTING OF RECORD
Any lot or parcel of property which was legally in existence and properly on file with the County Recorder of Deeds prior to August 6, 1974, the effective date of the original Borough Zoning Ordinance.
LOT, FLAG
A lot not meeting minimum frontage requirements and where access to the public road is by a narrow, private right-of-way or driveway.
215 Reverse Frontage and Flag Lots.tif
LOT, INTERIOR
A lot other than a corner lot, the sides of which do not abut a street.
LOT, REVERSE FRONTAGE
A through lot with frontage on two streets with vehicular access restricted to only one of the streets.
LOT, THROUGH
A lot that fronts on two parallel streets or that fronts on two streets that do not intersect at the boundaries of the lot.
LUMBERING
See "forestry."
LUMBERYARD
An area and structures used for the storage, distribution, and sale of finished or rough-cut lumber and lumber products.
MANUFACTURING, LIGHT
Facilities involving generally unobtrusive processes carried on entirely within a fully enclosed building and not resulting in the non-incidental storage of hazardous materials or the generation of hazardous waste products, or other environmentally hazardous processes.
A. 
Light manufacturing includes, but is not limited to:
(1) 
Grain storage, distribution, processing and milling operations.
(2) 
Fabrication, processing, assembly, repair, testing, packing and/or storage of products made from previously prepared materials, products, components and parts, such as cloth, plastic, food, paper, glass, leather, stones, and electronic components.
(3) 
Research, engineering or testing laboratories.
(4) 
Textile and clothing manufacturing.
(5) 
Furniture or other wood products production.
B. 
Light manufacturing does not include:
(1) 
Basic industrial processing as defined by industry.
(2) 
Processing of raw materials, except for milling and processing of grain.
(3) 
Slaughterhouses or the production of fish or meat products, or other use as defined by agricultural products processing.
(4) 
Rendering of fats and oils.
MASSAGE
Pressing, squeezing, stretching, or stimulating the face, scalp, neck, limbs, or other parts of the human body with or without cosmetic preparation, either by hand, or with mechanical or electrical appliances.
MASSAGE FACILITY, THERAPEUTIC
A service establishment, as regulated by this chapter, that meets all of the following criteria:
A. 
Massages are conducted for a fee, tip or other consideration; and
B. 
The person conducting the massage is licensed by the Commonwealth of Pennsylvania as a health care professional or a therapeutic massage therapist, or is certified by the National Certification Board for Therapeutic Massage and Bodywork or other recognized therapeutic massage organization that requires substantial professional training;
C. 
The establishment does not meet the definition of "massage parlor."
MECHANICAL EQUIPMENT (RELATING TO ACCESSORY SOLAR ENERGY SYSTEMS AND ACCESSORY WIND TURBINE GENERATORS)
Any device, such as an outdoor electrical unit/control box, that transfers the energy from the energy system to the intended on-site structure.
MEDIATION
A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MEDICAL MARIJUANA DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the commonwealth to dispense medical marijuana.
[Added 6-5-2017 by Ord. No. 3-2017]
MEDICAL MARIJUANA GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the commonwealth to grow and process medical marijuana.
[Added 6-5-2017 by Ord. No. 3-2017]
MEETING, ASSEMBLY, OR BANQUET HALLS
A structure designed for an assemblage of persons for gatherings such as weddings, banquet, parties, etc.
MENAGERIE
A collection of animals which are kept in cages or enclosures, inside a building or outdoors, for exhibition or educational purposes.
MICROBREWERY
A facility for the production, packaging and sampling of malt beverages of alcoholic and/or non-alcoholic content for retail or wholesale distribution, on or off the premises, and which produces less than 15,000 gallons of malt beverages per year.
MINERAL
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.
MINERAL EXTRACTION
The mining, removal or recovery by any means whatsoever (including, but not limited to, open excavations and quarries, subsurface mining and drilling) of minerals as defined in this Article III and including the incidental screening, washing, crushing and grading of materials originating on the site. Mineral extraction shall not include:
A. 
The salvage removal of already quarried stone from existing quarries where no additional blasting, ripping or other mechanical operations are required.
B. 
The extraction of minerals by a landowner for the landowner's noncommercial use from land owned or leased by the landowner.
C. 
The extraction of sand, gravel, rock, stone, earth or fill from borrow pits for public road construction undertaken by a public entity or the extraction of minerals associated with a public construction contract.
D. 
The handling, processing or storage of slag on the premises of a manufacturer as a part of the manufacturing process.
E. 
The extraction, handling, processing or storing of minerals from a building construction excavation on the site of the construction if the minerals removed are incidental to the building construction excavation, regardless of the commercial value of the minerals. The minerals removed are incidental if the excavator demonstrates that:
(1) 
Extraction, handling, processing or storing are conducted concurrently with construction.
(2) 
The area mined is limited to the area necessary to construction.
(3) 
The construction is reasonably related to the use proposed for the site.
MINERAL PROCESSING
The refinement of minerals by the removal of impurities, reduction in size, transformation in state, or other means to specifications for sale or use, and the use of minerals in any manufacturing process such as, but not limited to, concrete or cement batching plants, asphalt plants and manufacture of concrete and clay products. This shall not include activities typically part of a pipeline compressor station, metering station or operation/maintenance facility.
MINI-MART
See "convenience store."
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two 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, and which is subject to U.S. Department of Housing and Urban Development regulations.
MOBILE HOME LOT
A parcel of land in a mobile home park which is leased by the park owner to the occupants of the mobile home erected on the lot and which is improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.
MODEL HOME
Any structure erected in an approved residential subdivision for use as a display to promote the sale of similar residential structures, which may be utilized on a short-term basis as an office, with ultimate use of the structure to conform to a permitted use in the district in which the structure is located. (See also "sample home.")
MOTEL
A facility offering temporary (generally for periods of two weeks or less) lodging accommodations to the general public, typically on the basis of daily or weekly rentals. Rooms in the facility shall not be used as a principal residence.
MPC
The Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247 as enacted and amended.[3]
MULTIFAMILY PROJECT
Any development of a single parcel of property that includes one or more buildings containing three or more dwelling units. Any residential development which proposes the construction of two or more two-family dwellings on one parcel of property is also considered a multifamily project. Two-family dwellings in a multifamily project are considered townhouses.
MUNICIPAL ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the municipality.
MUNICIPALITY
Borough of Mount Pocono, Monroe County, Pennsylvania.
NEIGHBORHOOD
A development of five to 25 single-family, detached dwellings clustered in a concentrated area which is surrounded by open land or recreation area.
NIGHTCLUB
An establishment dispensing food and drink and in which music, dancing, or entertainment is an integral and significant part of the operation.
NONCONFORMING
See § 215-60.
NUISANCE
A condition or situation that results in an interference with the enjoyment and use of real estate.
NURSERY, COMMERCIAL
A commercial operation where trees and shrubs are grown for transplanting, for use as stocks for budding and grafting, or for sale.
NURSERY, RETAIL
See "garden center, retail."
NURSING HOME
A facility licensed by the Commonwealth of Pennsylvania for the housing and intermediate or fully-skilled nursing care of three or more persons needing such care because of old age or a physical illness or disability or a developmental disability.
OCCUPANCY
Any use of or activity upon a particular premises; or holding real property by being in possession.
OFF-TRACK WAGERING FACILITY
A facility licensed pursuant to the provisions of the Racehorse Reform Act for the purpose of gaming authorized at a nonprimary location pursuant to the provisions of the Racehorse Reform Act. Considered a gaming establishment for regulation by this chapter.
OFFICE or OFFICE BUILDING
A building or part of a building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity. It may include ancillary services for office workers, such as a restaurant, coffee shop, newspaper or candy stand, and day care facilities.
OFFICIAL MAP
A map adopted by Borough ordinance in accord with Article IV of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as enacted and amended.[4]
OFFICIAL ZONING MAP
The Official Zoning Map of the Borough of Mount Pocono, Monroe County, Pennsylvania.
OIL OR GAS WELL
A type of mineral extraction involving a bore hole drilled or being drilled for the purpose of or to be used for producing, extracting or injecting any gas, petroleum or other liquid related to oil or gas production or storage, including brine disposal, but excluding bore holes drilled to produce potable water to be used as such. The term "well" does not include a bore hole drilled or being drilled for the purpose of or to be used for systems of monitoring, producing or extracting gas from solid waste disposal facilities, as long as the wells are subject to the act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid Waste Management Act,"[5] and do not penetrate a workable coal seam.
OPEN SPACE
An area that is intended to provide light and air, and is designed for environmental, scenic, recreational, resource protection, amenity and/or buffer purposes and which contains no development improvements which are not specifically permitted by this chapter or Chapter 187, Subdivision and Land Development.
OPEN SPACE, COMMON
Open space that is part of a particular conservation design subdivision development tract set aside for the use and enjoyment of residents of such development.
OPEN SPACE, CONSERVATION
Open space that is part of a particular conservation design subdivision development tract set aside for the protection of sensitive natural features, farmland, forest land, scenic views and other primary and secondary conservation areas and which is permanently restricted from further development except as permitted by this chapter and cannot be used as a basis for density for any other development. Conservation open space may be accessible to the residents of the development and/or the Borough, or it may contain areas of farmland or forest land which are not accessible to project residents or the public.
OPEN SPACE, REQUIRED PUBLIC
Open space that is dedicated or reserved for the use of the general public in accord with the requirements of Chapter 187, Subdivision and Land Development.
OUTDOOR ENTERTAINMENT
Any commercial activity or activity associated with a commercial use where concerts, theater arts, movies or any other type of entertainment is provided outside a fully enclosed building.
OUTDOOR RECREATION CLUBS OR CAMPS
Land and/or a stream or body of water and adjacent area on any bank thereof, owned or leased by a person or group of persons duly formed as a club, used principally for hunting/fishing, climbing, gunning, nature observation, or similar recreation purposes open only to members and guests and involving no buildings other than those for lodging, eating and sanitary facilities for members and guests and accessory structures.
OWNER
An individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest to submit an application for the development or use of land.
PA DEP or DEP
The Pennsylvania Department of Environmental Protection.
PA DOT or PENNDOT
The Pennsylvania Department of Transportation.
PARCEL
See "lot."
PARK AND RIDE FACILITY
A parking lot designed for drivers to leave their cars and share a ride with another driver or use mass transit facilities beginning, terminating, or stopping at or near the park-and-ride facility.
PARKING AREA
Any public or private area, under or outside of a building or structure, designed and used for parking motor vehicles, including parking lots, garages, private driveways, and legally designated areas of public streets. See "garage."
PARKING AREA, PRIVATE
A parking area for the exclusive use of the clients, customers or owners of the lot on which the parking area is located or whomever else they permit to use the parking area.
PARKING AREA, PUBLIC
A parking area available to the public, with or without payment of a fee.
PARKING SPACE, OFF-STREET
A temporary storage area for a motor vehicle that is directly accessible to an access aisle and that is not located on a dedicated street right-of-way.
PARKING SPACE, ON-STREET
A temporary storage area for a motor vehicle that is located on a public or private street right-of-way.
PATIO
An impervious or semi-pervious, uncovered structure with an average elevation no greater than six inches above grade.
PERMANENT FOUNDATION
A permanent foundation which meets the requirements of the Uniform Construction Code.
PERMIT
A document issued by the proper authority documented on the required application which authorizes the applicant to undertake certain activities in compliance with all the applicable codes and ordinances.
A. 
ZONING PERMITIndicates that a proposed use, building or structure as documented in the development application will comply with the requirements of this chapter. Issued by the Zoning Officer for principal permitted uses, accessory uses and signs following confirmation of compliance with applicable standards, for conditional uses following approval by the Borough Council, and for special exceptions following approval by the Zoning Hearing Board.
B. 
BUILDING PERMIT or CONSTRUCTION PERMITIssued by the Building Code Official and indicates that a proposed construction, alteration, or reconstruction of a structure will comply with the Borough Construction Code.
PERSON
An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PERSONAL CARE HOME
A residential use providing residential and support services primarily to persons who are over age 60, and/or physically disabled and/or the developmentally disabled and which is licensed as a personal care center by the Commonwealth of Pennsylvania.
PET
Domestic cats and domestic dogs, and other animals which are commonly kept primarily inside a dwelling unit for companionship or personal satisfaction (not for consumption or utilitarian use), such as parakeets, parrots and similar birds, ferrets, mice, guinea pigs, hamsters and similar rodents, nonpoisonous snakes, and fish. "Pet" does not include livestock, small animals and fowl, pot bellied pigs and miniature horses.
PIPELINE COMPRESSOR STATION, METERING STATION or OPERATION/MAINTENANCE FACILITIES
A facility at which a petroleum product passing through a pipeline is pressurized by a turbine, motor, or engine, the volume of flow is measured or permanent facilities are installed for pipeline operation/maintenance and which compress, decompress, process, heat, alter or transform the pipeline product The facility may contain some type of liquid separator consisting of scrubbers and filters that capture any liquids or other undesirable particles from the pipeline. The definition excludes pipeline valves, metering stations, pig launchers/receivers, and other components which are located within the pipeline right-of-way and do not compress, decompress, process, heat, alter or transform the pipeline product.
PLACE OF WORSHIP
Buildings, synagogues, churches, temples, cathedrals, chapels, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated by a tax-exempt organization qualifying under § 501(c)(3) of the Internal Revenue Code for nonprofit and noncommercial purposes which people regularly attend to participate in or hold religious services, meetings or functions, or religious instruction, and which may include customary incidental accessory uses such as kitchen and dining facilities, meeting and activity rooms, and recreation facilities.
PLANNING COMMISSION
The Planning Commission of the Borough of Mount Pocono, Monroe County, Pennsylvania.
PLAT or PLAT PLAN
A map or plan of a subdivision or land development, whether preliminary or final.
PORCH
An attached, roofed accessory structure projecting from a wall of a building which may be open or screened and with walls no higher than four feet above the floor level.
POWER PLANT
Any facility, including structures, machinery and associated equipment, which generates electric energy from another source of energy, such as nuclear reactions, hydroelectric dams, or natural gas or coal fired plants, the primary purpose of which is the commercial sale of the energy which is generated. Power plants which produce electric energy, 75% or more of which is used on the site of production, shall be considered part of the principal permitted use for which the energy is used.
PRESERVE
Protected open space (as defined by this chapter) for wildlife, flora, fauna or features of geological or other special interest, which is reserved and managed for conservation and which may include special opportunities for study or research.
PRIME AGRICULTURAL LAND
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.
PRINCIPAL BUILDING
The building in which the primary or predominate use of a lot is conducted including any structure that is physically attached to the principal building.
PRINCIPAL PERMITTED USE
A use allowed in a particular zoning district which may be approved by the Zoning Officer provided the application complies with all requirements of this chapter.
PRINCIPAL USE
The primary or predominate use(s) of a lot.
PROFESSIONAL OFFICE
The office of a member of a recognized profession, such as an accountant, architect, author, dentist, engineer, insurance agent, landscape architect, lawyer, minister, optometrist, planner, physician, or realtor.
PROPERTY OWNERS' ASSOCIATION
A nonprofit corporation organized by the developer or lot owners for the purpose of establishing an association of all property owners in a planned development which purposes shall include the ownership and maintenance of open space common areas and all development improvements.
PUBLIC FACILITIES AND USES
Any structure, building or use owned and operated by a government body or agency, including such things as public schools, parks, civic centers, and municipal buildings, but excluding solid waste disposal facilities, institutional uses, nursing homes, hospitals, and other uses specifically defined by this chapter.
PUBLIC HEARING
A formal meeting held pursuant to public notice by the Planning Commission, governing body or Zoning Hearing Board, intended to inform and obtain public comment, prior to taking action in accord with the Pennsylvania Municipalities Planning Code.[6]
PUBLIC MEETING
A forum held pursuant to notice under the act of July 3, 1986 (P.L. 388, No. 84), as amended, known as the "Sunshine Act."[7]
PUBLIC NOTICE
Notice published once each week for two consecutive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
QUALIFIED PROFESSIONAL
An individual authorized to prepare plans pursuant to Section 503(1) of the Pennsylvania Municipalities Planning Code[8] which states that plats and surveys shall be prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer, Land Surveyor and Geologist Registration Law,"[9] except that this requirement shall not preclude the preparation of a plat in accordance with the act of January 24, 1966 (P.L. 1527, No. 535), known as the "Landscape Architects Registration Law,"[10] when it is appropriate to prepare the plat using professional services set forth in the definition of the "practice of landscape architecture" under Section 2 of that Act.[11]
RACETRACK
A road course, either oval, circuitous or straight, where motor vehicles, including, but not limited to, automobiles, trucks, go-carts, motorcycles, motor scooters, dune buggies and the like, are driven for recreation, testing or competition; or any course where animals are raced for competition.
RECREATION AREA
A private or public space associated with a residential development, including accessory structures, such as fences, backstops and bleachers, used for play and/or recreation by individuals.
RECREATION AREA, ACTIVE
A private or public space associated with a residential development, including accessory structures, such as fences, backstops and bleachers and other equipment, used for play and/or recreation by individuals, and including, but not limited to, golf courses, basketball, volleyball and tennis courts, baseball, football and soccer fields, and playgrounds.
RECREATION AREA, PASSIVE
A private or public space associated with a residential development, not including any accessory structures used for active recreation by individuals, and including, but not limited to, trails, picnic areas, community gardens, and lawns.
RECREATION FACILITY, COMMERCIAL
Outdoor or indoor areas or structures, operated by private nonprofit or private commercial entities, open to the public, which may contain entertainment and amusement devices or attractions including, but not limited to, picnic groves, tennis and racquetball courts, ski areas, miniature golf courses, golf driving ranges, and the like, but excluding golf courses, theaters, public parks and playgrounds.
RECREATION FACILITY, PUBLIC
Parks, swimming pools, playgrounds, tennis courts, and other recreational facilities owned and operated by the Borough, County, school district, state, or federal government. See "public facilities and uses."
RECREATIONAL VEHICLE
A vehicle primarily designed and utilized as temporary living quarters for recreational, camping or travel use, whether self-propelled or mounted on, or drawn by another vehicle, and including travel trailers, recreational trailers, camping trailer, truck camper, motor homes and similar types of vehicles.
RECREATIONAL VEHICLE PARK
See "campground or recreational vehicle park."
RECYCLABLES
Materials intended for reuse, remanufacture or reconstitution and including, for the purposes of this chapter only, the following materials: aluminum beverage containers; glass beverage and food containers; plastic beverage, food and household product containers, but not including plastic film or bags; bimetal food containers; newsprint, magazines, and office paper; and corrugated paper. Recyclables shall not include, except as specifically authorized by the Borough, tires, large appliances such as stoves, refrigerators, washers and dryers, other scrap metal, used motor oil or any other material defined as "junk" or "solid waste" by this chapter.
RECYCLING FACILITY
A center for the collection and/or processing of recyclable materials as defined by the Monroe County Municipal Waste Authority. Considered manufacturing, light, for regulation by this chapter. A recycling facility does not include municipally operated collection facilities or storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Any facility accepting or processing waste or other discarded materials which are not recyclables as defined by the Monroe County Municipal Waste Authority shall be considered a junkyard or solid waste facility as regulated by this chapter.
RELIGIOUS QUARTERS
A dwelling associated with a place of worship in which reside individuals directly involved with the administration or function of a place of worship including clergy and staff and immediate family members.
REPAIR
The reconstruction or renewal of any part of an existing building for the purpose of its maintenance. See also "addition" and "alteration."
RESEARCH, ENGINEERING OR TESTING LABORATORIES
A facility for investigation into the natural, physical, or social sciences, which may include engineering and product development, physical activities usually associated with wet labs or places with running water, gases, special ventilation devices, chemicals, special heating and electrical or electronic equipment, or use of animals or human subjects under controlled conditions. It may also include pilot plant operations not exceeding 25% of the gross floor area of the facility used to test out concepts and ideas, to determine physical layouts, material flows, type of equipment required, costs, and to secure other information prior to full-scale production. Considered manufacturing, light, for regulation by this chapter.
RESERVOIR SPACE
A parking place provided to accommodate a vehicle which is queued in a lane awaiting service in a drive-in facility, such as a bank, fast-food restaurant or a car wash or truck wash.
RESIDENCY (OR OCCUPANCY), LONG-TERM
Occupancy of a dwelling, generally for periods of more than 180 days, as opposed to temporary visits to bed-and-breakfast inns, motels, hotels, campgrounds and recreational vehicles, and which serves as the legal address for the occupant. It also includes any dwelling or structure where children who attend school reside.
RESORT
A business combining lodging, eating and recreational facilities for lodgers and/or non-lodgers as a single enterprise offered to the public at large or any segment thereof, not including bed-and-breakfast inns, campgrounds, recreational vehicle parks or mobile home parks. Amenities may include conference centers, retail sales, spas, beauty salons, barbershops, restaurants, indoor and outdoor recreational facilities, health centers, day-care centers, facilities for commercial special events, and employee living quarters.
RESTAURANT, OUTDOOR
Any part of a food establishment located outdoors, not used for any other purposes, and open to the sky, with the exception that it may have a retractable awning or umbrellas, and may contain furniture, including tables, chairs, railings, and planters that are readily moveable.
RESTAURANT, TAKE-OUT
An establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant. See "drive-in stand/use" for uses where ordering and pickup of food takes place from a vehicle.
RESTAURANT, TRADITIONAL
An establishment where food and drink are prepared, served, and consumed, mostly within the principal building, which may include limited forms of musical entertainment to accompany the dining experience; however, restaurants that provide dancing and stage shows shall be considered a nightclub.
RETAIL BUSINESS
An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
RETAIL HOME HEATING FUEL DISTRIBUTORS
An establishment that delivers kerosene, home heating oil, and propane to individual dwellings or commercial establishments for use on that premises and not for resale, and where the storage of fuel on the site of the retail home heating fuel distributor does not exceed a combined total of 20,000 gallons.
RIGHT-OF-WAY (ROW)
[Amended 3-6-2017 by Ord. No. 2-2017]
A. 
Land reserved for use as a street, drainage facility or other public or community use. A right-of-way shall not be considered as land area when computing lot size.
B. 
The surface of and space above and below any real property in the Borough in which the Borough has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Borough and any unrestricted public lands, but excluding lands other than streets that are owned by the Borough.
C. 
The phrase "in the right(s)-of-way" means in, over, along, above and/or under the right(s)-of-way.
D. 
For the purpose of this ordinance, ROW(s) shall also include streets and roads owned by Monroe County, the Commonwealth of Pennsylvania, and any other Pennsylvania state agencies.
ROOF
The outside top covering of a building.
215 Roof Types.tif
ROW HOUSE
See "dwelling, townhouse."
SAMPLE HOME
An unoccupied single-family dwelling associated with a principal permitted commercial use and not intended for permanent occupancy, and used solely for demonstration purposes to inform potential purchasers of the types of homes available from the seller. (See also "model home.")
SATELLITE DISH ANTENNA or SATELLITE ANTENNA
Apparatus designed for transmitting radio energy to satellites or receiving it from satellites and including any attached mountings or brackets.
SAWMILL
A commercial operation where timber is sawed into boards. This does not include a portable sawmill operating temporarily as an accessory to a timber harvest.
SCHOOL, PUBLIC OR PRIVATE; PRIMARY OR SECONDARY SCHOOL
An educational institution that primarily provides state-required or largely state-funded educational programs. This term shall not include trade schools.
SCREENED
Visibly shielded or obscured from any adjoining or neighboring property, any public or private road right-of-way, or any other premises which is accomplished by topography, fencing, berms, natural and planted vegetation or other means approved by the Borough.
SCREENING
A method of visually shielding or obscuring a structure or use from another by topography, fencing, walls, berms, planted vegetation or a combination of these methods.
SELF-STORAGE FACILITY
A building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
SEMIPUBLIC FACILITY OR USE
A building or use operated by nonprofit, community-based organizations for the general use of Borough residents, including churches, firehouses, ambulance buildings, private schools, libraries and the like, but excluding institutional uses, such as nursing homes, hospitals, sanitariums and clinics. It shall also include essential services and public utilities that require enclosure within any structure or building.
SENIOR CITIZEN HOUSING
A building or structure containing dwelling units designed for, and limited to, occupancy exclusively by persons age 62 or over, living independently, in his or her own dwelling unit. Such structures may include multifamily, garden apartments, apartments, or such other configurations as permitted by the Borough Council pursuant to the conditional use standards of this chapter, but shall not include assisted living facilities, personal care facilities, or nursing homes.
SERVICE ESTABLISHMENT
An establishment engaged in providing services involving the care of a person or a person's goods or apparel such as cleaning and garment services, beauty and barber shops, shoe repair, dry cleaning and laundries, photographic studios, etc., and which is not otherwise listed as a use in the Schedule of Uses.
SETBACK, FRONT
The required minimum open space extending the full width of the lot between the principal structure(s), accessory structures, or other improvements and the front lot line. See also "yard" and "lot line."
SETBACK, REAR
The required minimum open space extending the full width of the lot between the principal structure(s), accessory structures, or other improvements and the rear lot line. See also "yard" and "lot line."
SETBACK, REQUIRED
The required minimum open space between the principal structure(s), accessory structures, or other improvements and the nearest lot line or right-of-way as provided by this chapter. See also "yard" and "lot line."
SETBACK, SIDE
A required minimum open space extending from the front setback to the rear setback between the principal structure(s), accessory structures, or other improvements and the side lot line. See also "yard" and "lot line."
215 Setbacks and Associated Yards(1).tif
Setbacks and Associated Yards
SEWAGE DISPOSAL, CENTRAL, COMMUNITY OR OFF-SITE
A sewage collection and disposal system in which sewage is carried from more than one individual lot, dwelling or other unit by a system of pipes to a central treatment and subsurface or other type of disposal area or stream discharge in compliance with the Pennsylvania Department of Environmental Protection regulations and/or regulations of the Mount Pocono Municipal Authority, whichever may be more stringent.
SEWAGE DISPOSAL, ON-SITE
Any structure designed to biochemically treat sewage within the boundaries of an individual lot from one individual dwelling or other-type unit.
SEWAGE TREATMENT PLANT
A sanitary sewage collection and treatment system meeting the requirements of the Pennsylvania Department of Environmental Protection in which sewage is carried from individual lots or dwelling units by a system of pipes to a central treatment and disposal facility or system which may be publicly or privately owned and operated, and which uses mechanical, biological and chemical processes to treat and dispose of domestic sewage in accord with DEP Rules and Regulations involving an effluent discharge to surface waters or to a soil-based or other treatment system.
215 Setbacks.tif
SHED
A detached accessory structure used for the storage of tools, minor equipment, and materials, but too small for the storage of an automobile.
SHOOTING RANGE, INDOOR COMMERCIAL
Any fully enclosed building used for the discharge of any firearm for recreational or training purposes which is a commercial operation, or which is operated by any government entity, private nonprofit entity, or any sportsman's, recreation or fraternal club or association. Considered a recreational facility, commercial for regulation by this chapter.
SHOOTING RANGE, OUTDOOR COMMERCIAL
Any area not within a fully enclosed building used for the discharge of any firearm for recreational or training purposes which is a commercial operation, or which is operated by any government entity, private nonprofit entity, or any sportsman's, recreation or fraternal club or association.
SHOPPING CENTER or MALL
A group of independent (i.e., not dependent on each other for operation) commercial establishments (otherwise allowed in the district of location) occupying spaces separated by walls, which are planned, constructed and managed as a total entity with customer and employee parking provided on site, provision for goods delivery separated from customer access, aesthetic considerations, landscaping, and signs.
SHORT-TERM RENTAL
Any dwelling unit owned or managed by a person, firm or corporation which is rented or leased for a period of less than 30 days.
[Added 6-6-2016 by Ord. No. 2-2016]
SINGLE-FAMILY DWELLING
See "dwelling, single-family."
SLAUGHTER HOUSE
An agricultural products processing use involving the killing of animals for the production of food or some other commercial product. A commercial stockyard or similar facility that primarily involves the bulk storage or transferring of animals on the way to slaughter shall also be considered a slaughter house. Slaughter house shall not include a custom butcher shop that does not involve killing of animals which is considered a retail establishment.
SOLAR ACCESS
A property owner's right to have sunlight shine on the owner's land.
SOLAR COLLECTOR
A device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy.
SOLAR ENERGY STORAGE FACILITY
Equipment consisting of containers, heat exchangers, piping, and other transfer mechanisms (including fluids, gases, or solids), controls, and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems.
SOLAR ENERGY SYSTEM
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used), and components for the distribution of transformed energy.
SOLAR ENERGY SYSTEM, ACCESSORY
An energy conversion system, including appurtenances, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user. This definition shall include the terms "passive solar system" and "active solar system."
SOLAR GLARE
The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
SOLAR POWER GENERATION, COMMERCIAL
A facility where one or more solar collectors and/or other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities are located and are used for the generation of electricity which is sold on the open market.
SOLID WASTE FACILITY, COMMERCIAL
Any facility or operation of a private individual or firm pursuant to the laws of the Commonwealth of Pennsylvania governing the management and disposal of solid waste, including, but not limited to, liquid, solid, toxic, hazardous and medical waste; and, including but not limited to, transfer stations, solid waste landfills, incinerators, medical waste disposal facilities, hazardous waste disposal facilities and radioactive waste disposal facilities.
SOLID WASTE FACILITY, PUBLIC
Any facility or operation of a public entity pursuant to the laws of the Commonwealth of Pennsylvania governing the management and disposal of solid waste, including, but not limited to, liquid, solid, toxic, hazardous and medical waste; and including, but not limited to, transfer stations, solid waste landfills, incinerators, medical waste disposal facilities, hazardous waste disposal facilities and radioactive waste disposal facilities.
SOLID WASTE or WASTE
Any garbage, refuse, industrial, lunchroom or office waste or other material including solid, liquid, semisolid or contained gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term shall also include any garbage, refuse, other discarded material or other waste including solid, liquid, semisolid or containing gaseous materials resulting from industrial, mining, agricultural operations, local facilities or any other by-product or effluent from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility or any other material defined by the PA DEP as solid, liquid, municipal, medical, industrial, toxic or hazardous waste.
SOLID WASTE STAGING AREA
Any parcel of property used for the transfer of solid waste from one vehicle to another vehicle, at a location other than the generation site, for transport to a solid waste facility; or which is used for the parking or storage of vehicles and/or containers used to transport solid waste; and which is not regulated by the PA DEP as a solid waste transfer facility.
SPECIAL EXCEPTION
A use in a particular zoning district to be allowed or denied by the Zoning Hearing Board pursuant to public notice and hearing and recommendation of the Borough Planning Commission as authorized by Section 603(c)(1) of the Municipalities Planning Code.[12]
STABLE, COMMERCIAL
A structure or land where horses are kept for remuneration, hire, sale, boarding, training, riding or show, and which includes the commercial hire of horses to the general public for riding or other purposes.
STABLE, PRIVATE
An accessory structure or use of land where horses are kept for the sole use of the residents of the principal structure, and which includes no remuneration, hire, boarding or other commercial use.
STATE
The Commonwealth of Pennsylvania and its agencies.
STORAGE CONTAINER
A receptacle, such as a wooden or metal box or a trailer of a tractor-trailer with or without wheels in which raw materials, products or other items are stored.
[Amended 12-9-2019 by Ord. No. 3-2019]
STORAGE YARD FOR FOREST PRODUCTS AND MINERALS
An area, not on the same parcel where the products are initially harvested or gathered, to which trees, forest products, flagstone, landscaping stone, wall stone or other minerals are hauled and stored, and which does not involve any land development, the operation of a sawmill, the operation of any other wood manufacturing business, or the operation of any natural resources processing.
STREAM
A natural watercourse. See "watercourse."
STREET
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. Public rights-of-way shall be those open to the general use of the public, not necessarily publicly dedicated.
STRUCTURAL ALTERATION
See "alteration."
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
STRUCTURE, PERMANENT
Any structure, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
STRUCTURE, PORTABLE
Any structure, that is not permanently affixed to the ground but is designed to be moved from place to place, including, but not limited to, accessory structures constructed of metal frameworks with plastic or cloth covering.
STRUCTURE, TEMPORARY
Any structure that is erected for the limited period of time specified in the zoning permit.
SUBDIVISION
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. (See Chapter 187, Subdivision and Land Development, for details.)
A. 
MINOR SUBDIVISIONA subdivision that creates five lots or fewer, or the cumulative development on a lot-by-lot basis for a total of five lots or fewer of any original tract of record (i.e., not subdivided or developed subsequent to November 5, 1973, the effective date of the original Borough Subdivision and Land Development Ordinance); and which does not require the construction or extension of any streets or municipal facilities and creates no public or private community facilities, such as, but not limited to, stormwater control facilities, a central water supply, a central sewage disposal system, or streets.
B. 
MAJOR SUBDIVISIONAny subdivision that is not a minor subdivision or a lot improvement subdivision.
C. 
LOT IMPROVEMENT SUBDIVISION(Also known as "add-on subdivision.") — A minor subdivision involving the realignment of lot lines or the transfer of land to increase the size of an existing lot, provided the grantor's remaining parcel complies with all provisions of this chapter and no new lots are created; or the combination or reallotment of small lots into a larger lot or lots.
SWIMMING POOL
A body of water or receptacle for water having a depth at any point greater than two feet, which is used or intended to be used for swimming or bathing and constructed or maintained in or above the ground.
TATTOO, BODY PIERCING, SCARIFYING OR BRANDING PARLOR
An establishment engaged in any of the following:
A. 
The perforation or cutting of any human body part or tissue and the placement of a foreign object in the perforation to prevent the perforation from closing, but not including the use of mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear.
B. 
The placement of indelible pigment, inks, or scarifying beneath the skin by use of needles for the purpose of adornment or art. This does not include the practice of permanent makeup and micropigmentation when such procedures are performed as incidental services in a medical office or in a personal services establishment, such as a hair or nail salon.
C. 
The cutting or tearing of human skin for the purpose of creating a permanent mark or design on the skin.
D. 
The use of heat, cold, or any chemical compound to imprint permanent markings on human skin by any means other than tattooing.
TAVERN
A place where alcoholic beverages are served as a primary or substantial portion of the total trade and where the sale of food may also occur. Considered a restaurant for regulation by this chapter.
TEMPORARY
A period of less than 90 consecutive days unless otherwise specified by this chapter.
TEMPORARY CONSTRUCTION BUILDING
A building erected on a lot for temporary use in conjunction with construction on that lot.
THEATER, DRIVE-IN
An area of land which may include accessory uses, such as the sale of snacks, and which is devoted to the showing of motion pictures which are viewed by persons in vehicles.
THEATER, INDOOR
A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use where patrons are seated in the building, but not including an adult movie theater.
TOWNHOUSE
See "dwelling, townhouse."
TRACT
See "lot."
TRADE SCHOOL
A facility that is primarily intended for education of a work-related skill or craft or a hobby and that does not primarily provide state-required education to persons under age 16.
TRANSFERABLE DEVELOPMENT RIGHTS
The attaching of development rights to specified lands which are desired by the Borough to be kept undeveloped, but permitting those rights to be transferred from those lands so that the development potential which they represent may occur on other lands where more intensive development is deemed to be appropriate.
215 Transfer Development Rights.tif
TRANSIENT RETAIL MERCHANTS
See Article I of Chapter 142, Peddling and Soliciting.
TRAVEL PLAZA
Any building, premises, or land in which or upon which a business or service involving the maintenance, servicing, storage, or repair of automobiles, trucks, recreational and other vehicles is conducted or rendered as a service to travelers, including the dispensing of motor fuel or other petroleum products directly into motor vehicles and the sale of accessories or equipment for trucks and similar commercial vehicles, and which may include overnight accommodations and restaurant facilities.
TRIP
A single or one-way motor vehicle movement either to or from a subject property or study area.
TRIP DISTRIBUTION
The measure of the number of vehicles or passenger movements that are or will be made between geographic areas.
TRIP ENDS
The total of single or one-direction vehicle movements entering and leaving a specified land use or site over a designated period of time.
215 Trip Ends.tif
TRIP GENERATION
The total number of vehicle trip ends produced by a specific land use or activity.
TRUCK STOP
See "travel plaza."
TRUCK TERMINAL
See "distribution center/truck terminal."
TRUCK WASH
Any building or premises or portions thereof used for commercial purposes for washing any vehicle with more than two axles, or more than four tires, or with a trailer.
TWO-FAMILY DWELLING
See "dwelling, two family."
USE
The specific purpose for which land or a building is designed, arranged, intended, or for which land is or may be occupied or maintained.
UTILITY, PUBLIC
Any agency or entity that, under public ownership, or under certificate of convenience and necessity issued by the Pennsylvania Public Utility Commission, or by grant of authority by a governmental agency, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection, or other similar service.
VARIANCE
Relief granted pursuant to the provisions of this chapter and Articles VI and IX of the Pennsylvania Municipalities Planning Code.[13]
VEHICLE
Any device in, upon or by which any person or property is or may be transported or drawn upon a public highway or upon any land, including, but not limited to, automobiles, trucks, vans, buses, utility trailers, tractors, truck tractors, recreational vehicles, motor homes, travel trailers, motorcycles, snowmobiles, machinery, trailers, farm machinery and implements, and other wheeled equipment; any vehicle requiring a state registration; boats; and aircraft.
VEHICLE AND EQUIPMENT RENTAL OPERATION
An establishment which rents vehicles and/or equipment to the general public, and which may or may not include the repair of the vehicles and equipment which is for rent. Equipment rental operations conducted entirely within an enclosed building shall be considered a retail business for regulation by this chapter.
VEHICLE AND EQUIPMENT REPAIR OPERATION
An establishment engaged in the service and/or repair of any motor vehicle as its principal use including, but not limited to, auto body shops, repair garages, truck repair garages and agriculture equipment repair, and which may include the dispensing of motor fuels into the fuel tanks of motor vehicles and the sale of other retail products.
VEHICLE AND EQUIPMENT SALES OPERATION
The use of any building, land area or other premises for the display and sale of new and used automobiles of operable condition; panel trucks or vans; mobile homes or trailers; recreation vehicles; or farm or construction equipment, including any warranty repair work and other repair service as an accessory use. No business or facility which generates less than 50% of its gross sales from the actual sale of new or used vehicles or equipment of the type herein described (excluding parts and repairs) shall be considered a vehicle and equipment sales operation.
VERNAL POOL
An isolated, contained depression that holds water for at least two months in the spring or summer, critical to several amphibian, reptile and invertebrate species, which also provides important storage for stormwater runoff and spring snowmelt that would otherwise contribute to downstream flooding.
VETERINARY CLINIC, INDOOR
A place where animals or pets are given medical or surgical treatment and the keeping of animals is limited to short-term care incidental to the clinic use and no outdoor kennels, pens or paddocks are on the premises.
VETERINARY CLINIC, OUTDOOR FACILITIES
A place where animals or pets are given medical or surgical treatment and the keeping of animals is limited to short-term care incidental to the clinic use with outdoor kennels, pens or paddocks on the premises.
WALL
See "fence or wall".
WAREHOUSE
A building or group of buildings primarily used for the indoor storage, transfer and distribution of products and materials, but not including retail sales or a truck terminal.
WASTEWATER TREATMENT SYSTEM
See "sewage disposal" definitions.
WATER BODY
Any natural or man-made freshwater pond, lake or stream. This shall not include any pond or facility designed and constructed solely for stormwater management.
WATER EXTRACTION/BOTTLING
Any use which involves the pumping or removal of water from groundwater sources, with or without bottling, for retail or wholesale sale. Water extraction and bottling shall be considered industry for the purposes of regulation by this chapter.
WATER SUPPLY, CENTRAL, COMMUNITY OR OFF-SITE
A public or private utility system designed to supply and transmit drinking water from a common source to two or more dwelling units or uses.
WATER WITHDRAWAL FACILITY
A facility immediately adjacent to a water body or stream that typically contains a submerged suction line, pumps, water main, multiple hydrants, truck loading and staging area, and water storage tanks, and which stores water on a temporary basis that is intended to be transported to another site.
WATERCOURSE
Any channel of conveyance of surface water having a defined bed and banks, whether natural or artificial, with perennial, intermittent or seasonal flow.
WETLAND
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, including swamps, marshes, bogs, fens, and similar areas and which are defined as such by the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.
WHOLESALE BUSINESS
Establishments or places of business with no on-site manufacturing primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WILD OR EXOTIC ANIMAL
Any species of animal whose natural or usual habitat within Pennsylvania is either in the wild or in a zoo, as opposed to a domesticated environment, regardless of whether such animal poses an actual or apparent threat to persons, other animals or property.
WIND ENERGY FACILITY
A facility where one or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities are located and are used for the generation of electricity which is used on-site for commercial purposes or which is sold on the open market. A wind turbine accessory to a principal structure which is sized and intended to be used to generate electricity primarily for the principal structure to which it is accessory shall not be considered a wind energy facility.
WIND ROTOR
The propeller or blades, plus the hub to which the propeller or blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is mounted on a pole, tower or other structural support system along with other generating, electrical and accessory equipment to form a wind energy conversion system.
WIND TURBINE GENERATOR, ACCESSORY
A wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, rotor, tower, and pad transformer, if any, and which is sized and intended to be used to generate electricity primarily for the principal structure to which it is accessory.
WIRELESS COMMUNICATIONS FACILITY
[Added 3-6-2017 by Ord. No. 2-2017]
A. 
Any structure or equipment which is intended for commercial or governmental use in transmitting or receiving television, radio, telephone or other electronic communications, including internal or agency communications, and any such facility in a public right-of-way or not in a public right-of-way.
(1) 
MACRO WIRELESS COMMUNICATION FACILITYAny unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array and/or microwave dish(es), connection cables, an equipment facility and a support structure or attachment structure to achieve the necessary elevation.
(2) 
MICRO WIRELESS COMMUNICATIONS FACILITYSmall network node, small cell, picocell and all nonmacro cellular systems; and self-contained wireless communications devices designed to provide cellular telephone coverage to a limited, targeted and small area which are used to add coverage or capacity to an existing wireless service provider's network where it is not feasible to equipment facility capable of being mounted onto the attachment or support structure and antenna that is either:
(a) 
No more than five feet in height with a face area of not more than 580 square inches; or
(b) 
If a tubular antenna, no more than four inches in diameter and no more than seven feet in length.
B. 
The definition does not include the following, which are not appropriate subjects of this chapter:
(1) 
Industrial, scientific and medical equipment as regulated by the Federal Communications Commission in 47 CFR Part 18.
(2) 
Military and government radar antennas and associated communication towers used for navigational purposes as regulated by 47 CFR Part 87.
(3) 
Amateur (ham) and citizen band transmitting and receiving antennas and associated communications towers as regulated by 47 CFR Part 97 and 47 CFR Part 95.
(4) 
Radio transceivers normally handheld or installed in a vehicle, such as an automobile, truck, trailer or watercraft.
(5) 
A radio frequency machine which is designated and marketed as a consumer product, such as auditory assistance devices, biomedical telemetry devices, carrier current systems, Class A or B digital devices, field disturbance sensors, perimeter protection systems, power line carrier systems, microwave ovens or radio controlled devices regulated by 47 CFR Part 15.
(6) 
Privately owned antennas for receiving commercial television or radio serving a dwelling.
WIRELESS COMMUNICATIONS FACILITY ANTENNA ARRAY
One or more rods, panels, discs or similar devices used for the transmission or reception of radio frequency signals, which may include omnidirectional antennas (rod), directional antennas (panel) and parabolic antennas (disc). The antenna array does not include the wireless communications facility support structure or tower as defined herein.
[Added 3-6-2017 by Ord. No. 2-2017]
WIRELESS COMMUNICATIONS FACILITY ATTACHMENT STRUCTURE
An existing building which is 35 or more feet in height or an existing structure suitable for the support of a wireless communication facility that was designed and constructed for another purpose. In addition to a qualifying building, such existing structures shall include, but not be limited to, utility poles, signs, water towers, and municipally owned towers.
[Added 3-6-2017 by Ord. No. 2-2017]
WIRELESS COMMUNICATIONS FACILITY SUPPORT STRUCTURE/TOWER HEIGHT
The vertical distance measured from the base of the support structure/tower at grade to the highest point of the structure/tower. If the support structure/tower is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the height.
[Added 3-6-2017 by Ord. No. 2-2017]
WIRELESS COMMUNICATIONS FACILITY SUPPORT TOWER
Any pole, telescoping mast, tower, tripod, or any other structure which is constructed to support a wireless communications antenna array.
[Added 3-6-2017 by Ord. No. 2-2017]
WIRELESS COMMUNICATIONS FACILITY, STEALTH DESIGN
Any wireless communication facility which is designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened and/or landscaped antenna arrays, equipment facilities and support structures designed to look similar to a support structure, such as a light pole, power pole, or component of a building or a tree.
[Added 3-6-2017 by Ord. No. 2-2017]
YARD
The area between the principal structure(s) and the adjoining lot line or right-of-way. See also "setback."
YARD, LAWN, GARAGE, TAG OR ESTATE SALE
A sale, open to the public, of new, used or previously owned personal property, including but not limited to goods, wares, merchandise and clothing, held on vacant property or on the lawn, yard, porch, patio or in the garage or residence, or in the principal or outbuilding, of the person who is conducting the sale. The buying and selling of new or used items or surplus material shall be considered a commercial operation and shall be prohibited, except as otherwise permitted and regulated by this chapter.
ZONING HEARING BOARD
The Zoning Hearing Board of the Borough of Mount Pocono.
ZONING MAP
The Official Zoning Map of the Borough of Mount Pocono.
ZONING OFFICER
The administrative officer charged with the duty of enforcing the provisions of this chapter.
ZONING PERMIT
See "permit."
ZOO
A collection of animals which are maintained in a park by an educational, nonprofit or governmental entity.
[1]
Editor's Note: See 53 P.S. § 10603(c)(2).
[2]
Editor's Note: See 52 U.S.C. § 3601 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 53 P.S. § 10401 et seq.
[5]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[8]
Editor's Note: See 53 P.S. § 10503(1).
[9]
Editor's Note: See 63 P.S. § 148 et seq.
[10]
Editor's Note: See 63 P.S. § 901 et seq.
[11]
Editor's Note: See 63 P.S. § 902.
[12]
Editor's Note: See 53 P.S. § 10603(C)(1).
[13]
Editor's Note: See 53 P.S. §§ 10601 et seq. and 10901 et seq., respectively.