The definition of words included herein are provided to facilitate
the interpretation of this chapter for administrative and enforcement
purposes. Unless expressly stated otherwise, within the context of
the chapter, the following shall apply:
A.
Words used in the present tense shall include the future
tense.
B.
The word "person" shall include a profit or nonprofit
corporation, company, partnership or individual.
C.
The words "used" or "occupied," as applied to any land
or building, shall include the words "intended," "arranged," or "designed"
to be used or occupied.
D.
The word "building" shall include "part thereof" and
"structure."
E.
The word "lot" shall include "plot" or "parcel."
F.
The word "shall" is always mandatory.
G.
The singular number shall include the plural, and the
plural the singular.
H.
The masculine gender shall include the feminine and
neuter.
I.
The word "streets" shall include "roads," "highways"
and lanes.
When terms, phrases, or words are not defined, they shall have
the meaning 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.
As used in this chapter, the following terms shall have the
meanings indicated:
To cease or discontinue a use or activity without intent
to resume, but excluding temporary or short-term interruptions to
a use of activity during periods of remodeling, maintaining, or otherwise
improving or rearranging a facility, subject to completion of the
work within one year from the issuance of a zoning permit and/or building
permit.
Having a common border with, or being separated from, such
a common border by a right-of-way, alley, or easement.
A way or means of approach to provide physical ingress and/or
egress to a property.
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
A use incidental to, and on the same lot as, a principal
use.
A property having a contiguous property boundary with a separate
property, including properties with any amount of opposite front,
rear or side yard areas that are separated by a right-of-way, alley,
or easement.
A facility providing supervised care and assistance care
for the elderly and/or functionally impaired adults in a protective
setting for a portion of a twenty-four-hour day. This use shall not
include persons who need oversight because of behavior that is criminal
or violent. This use may involve occasional overnight stays, but shall
not primarily be a residential use. This use shall not include a "personal-care
home," a "skilled nursing facility" and/or an "intermediate care facility."
A public right-of-way intended and/or used as a secondary
means of access to abutting property.
Any change, addition, or modification in construction or
occupancy of an existing structure.
Any change in the supporting members of a building or structure,
such as bearing walls, columns, beams, or girders.
A change in the regulations and provisions of the Nanticoke
Zoning Ordinance, including changes to boundaries of zoning districts
as provided upon the Zoning Map.
A building or part of a building in which five or more pinball
machines, video games, or other similar player-operated amusement
devices are maintained.
The person or entity filing an application under this chapter.
The dismantling or wrecking of used motor vehicles or trailers,
or the storage, sale, or dumping of dismantling or wrecked vehicles
or their parts. The presence on any lot or parcel of land of two or
more motor vehicles, which, for a period exceeding 30 days, have not
been capable of operating under their own power and from which parts
have been or are to be removed for reuse or sale shall constitute
prima-facie evidence of an automobile wrecking yard.
A building where repairs, improvements and installation of
parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "gas station, limited-service." An auto repair
garage shall include, but not be limited to, any use that involves
any of the following work: both minor and major mechanical overhauling,
paint, and body work. In addition, any use permitted under the definition
of a "gas station, limited-service." is also permitted as part of
an automotive repair garage.
The use of any building, structure or land, other than a
street, for the display and sale or rental of motor vehicles, which
are in operable condition. The owner/operator of this business must
have a valid state license for the sale or rental of such motor vehicles.
Any related repair shall be conducted within an enclosed building
and shall be an accessory use.
A space having 1/2 or more of its floor-to-ceiling height
above the average level of the adjoining ground and with a floor-to-ceiling
height of not less than 6 1/2 feet.
A structure, or portion thereof, which contains rooming units
which are rented or leased, with the occupants of said unit being
nontransient, and utilizing said location as a legal place of residence.
The term "boarding house" shall specifically exclude the following:
dwelling, dwelling unit, dormitory, hotel, motel, bed-and-breakfast
facility, group residence.
A method of improvements designed to separate and substantially
obstruct the view of two adjacent land uses or properties from one
another. Unless specified otherwise, for the purpose of this chapter
when a buffer area is required it shall be deemed represent a solid
fence or stone wall with cork fitting, eight feet in height with two
staggered rows of evergreen trees planted in front of the fence with
the spacing distance between trees not less than eight feet or greater
than 10 feet. Said trees shall be not less than eight feet in height
at the time of planting. A'ea shall not be occupied by any building,
parking, outdoor storage or any use other than open space and approved
vegetative plantings.
Any structure having a roof supported by columns or walls
and intended for shelter, housing or enclosure of persons, animals,
or property.
BUILDING, ACCESSORYA subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
BUILDING COVERAGEThe horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUILDING HEIGHTThe vertical distance of a building measure from the average elevation of the proposed finished grade within 20 feet of the structure to the highest point of the roof for flat roofs; to the deck line of mansard roofs and to the average height between eaves and the ridge for gable, hip and gambrel roofs.
An area of land and/or a structure with machine- or hand-operated
facilities used principally for the interior and/or exterior cleaning,
washing, polishing, or waxing of motor vehicles.
A roofed structure opened on two or more sides and used for
the storage of private motor vehicles. It may be constructed as a
separate accessory structure or part of the principal structure.
A space with less than 1/2 of its floor-to-ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet.
Land used or intended to be used for the burial of the dead
and dedicated for cemetery purposes, including crematories, mausoleums,
and mortuaries when operated in conjunction with and within the boundaries
of such cemetery.
Any use which differs from the previous use of a building,
structure or land.
The provision of out-of-home care for children for part of
a twenty-four-hour day, excluding the care provided by relatives.
A vertical structure containing one or more flues for drawing
off emissions from a stationary source of combustion, including but
not limited to those attached to an outdoor fuel-burning furnace.
See "place of worship.'
Natural wood that has no paint, or other types of coatings,
and natural wood that has not been treated with, including but not
limited to, copper chromium arsenate, creosote, or pentachlorophenol.
A triangular-shaped potion of land established at street
intersections and at the intersection of a private driveway or point
of access to a public street in which nothing can be erected, constructed,
planted or allowed to grow in such a manner to obstruct the sight
distance of motorist entering or leaving the intersection.
A facility comprised of professional offices for the examination
and treatment of persons as outpatients by physicians, dentists or
other licensed medical specialists, in which said medical practitioners
work in cooperative association. Said clinics may provide medical
services customarily available at hospitals, excluding overnight care
of patients and twenty-four-hour emergency service.
Buildings or facilities used by a recreational, civic, social,
fraternal, religious, political or labor union association of persons
for meetings and routine socializing and recreation that is limited
to bona fide members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business. The club shall involve a meaningful and
substantial membership system, as opposed to a token system.
An institution for post-secondary education, public or private,
offering courses in general, technical, or religious education and
not operated for profit. The term "college" shall also include buildings
owned or leased by the institution for administrative and faculty
offices, classrooms, laboratories, chapels, auditoriums, lecture halls,
libraries, student and faculty centers, athletic facilities, and dormitories.
Any device used for the transmission or reception of radio,
television, wireless telephone, pager, commercial mobile radio services,
or any wireless communication signals, including without rotation,
omni-directional or whip antennas and directional or panel antennas,
owned and operated by any person or entity licensed by the Federal
Communications Commission (FCC) to operate such device. This definition
shall not include private residences' mounted satellite dishes or
television antennas or amateur radio equipment, including, without
limitation, ham or citizen band radio antennas.
An unmanned building or cabinet containing communication
equipment for the operation of a commercial communication antenna.
The components normally associated with the use and operation
of a commercial communication antenna including a commercial communication
tower and commercial communications equipment building.
The vertical distance measured from the ground to the highest
point on a communications tower, including antennas mounted on the
tower.
A structure other than a building, such as a monopole, self-supporting
or guyed tower, designed and used to support a commercial communication
antenna.
An occupation, employment, or enterprise that is carried
on for profit by the owner, lessee, or licensee.
Sale or rental with incidental service of commonly used goods
and merchandise for personal or household use but excludes those classified
more specifically by definition
A dwelling unit that is shared by more than four individuals
who are not related by blood, marriage or legal adoption occupying
the premises and living together as a single nonprofit housekeeping
unit. If a dwelling unit is rented, there shall not be more than one
lease among all of the occupants. Individual leases shall be deemed
to have the dwelling unit classified as a boarding house and/or rooming
house.
A nonprofit organization comprised of homeowners or property
owners, the function of which is to maintain and administer property
owned in common by members of the association or by the association,
to protect and enhance the value of the property owned individually
by each of the members. homeowners' associations and condominium associations
are types of community associations.
A place, structure, area, or other facility used for and
providing religious, fraternal, social and/or recreational programs
generally open to the public and designed to accommodate and serve
significant segments of the community.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those separate portions, in accordance with
the Pennsylvania Uniform Condominium Act 1980-82, as amended.
An age-restricted residential development,
as defined in current state licensing requirements, designed, operated
and maintained to provide a continuum of accommodations and care for
retired adults that may include:
A continuing care facility may also include
supporting services and facilities that encompass dinning, recreational
and social activities limited to residents within said facility.
A lot, building, or part thereof, used to store materials
used by a contractor in the construction of a road, highway, structure
or building, landscaping or utilities.
Any retail establishment offering for sale prepackaged food
products, household items, and other goods commonly associated with
the same.
See "convenience store.: In addition, such store may include
the selling of gasoline, oil, and related products.
The Planning Commission of Luzerne County.
A facility used exclusively for the disposal by incineration
of the bodies of deceased individuals.
An area with one or more of the following characteristics:
stream corridors, streams, floodplain areas, wetlands, slopes which
equal or exceed 15%, soils classified as highly acidic or highly erodible,
soils classified as having a high water table, land and associated
soils which display poor percolation, mature stands of native vegetation
and aquifer recharge and discharge area.
A structure in which child care services are provided for
seven or more children at any one time, where the child care areas
within the structure are not jointly used as a portion of a family
residence.
A facility for the provision of out-of-home care for children
for part of a twenty-four-hour day, excluding the care provided by
relatives, and licensed as such by the state.
A residential structure in which child-care services are
provided for more than six but less than 12 children at any one time,
where the child care areas are also used as a portion of a family
residence.
The provision of out-of-home care for children for part of
a twenty-four-hour day, excluding the care provided by relatives.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance of this act 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 the Court of
Common Pleas of Luzerne County.
The number of dwelling units permitted per net unit of land.
A publicly operated or sponsored facility used to house and/or
rehabilitate individuals detained, sentenced by, or under the jurisdiction
of the criminal justice system, including, but not limited to, jails,
prisons, penitentiaries, reformatories, half-way houses and similar
facilities.
Any man-made improvements to improved or unimproved real
estate. The construction, conversion, structural alteration, relocation,
or enlargement of any building or structure, any mining, dredging,
filling, grading, paving, excavation, drilling, land disturbance and
any use or extension of the use of land shall be deemed to constitute
a development.
A structure specifically designed for a long-term stay by
students of a college, university, or nonprofit organization for the
purpose of providing rooms for sleeping purposes. One common kitchen
and some common gathering rooms for social purposes may also be provided.
An establishment that, by design of physical facilities or
by service or packaging procedures, encourages or permit customers
to receive a service or obtain a product that may be used or consumed
in a motor vehicle on the premises or to be entertained while remaining
in an automobile.
A privately owned and constructed vehicular access from an
approved private or public road into a lot or parcel having a frontage
on the road.
A building or portion thereof used exclusively for residential
purposes, including one-family, two-family, and multiple-family dwellings,
but not including hotels and boarding houses and dormitories or institutional
facilities.
One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family
with separate toilet facilities and separate cooking facilities for
exclusive use by the family residing therein.
A detached residential building contained three or more dwelling
units, including what is commonly known as an apartment building,
but excluding group, row or townhouse dwellings.
One of two or more residential buildings having a common
or party wall separating dwelling units.
A residential building containing no more than one dwelling
unit.
A legally recorded grant of one or more of the property rights
by the property owner to and/or for the use by the public, a corporation,
or another person or eatery.
An easement required for the installation of storm water
sewers or drainage ditches, and/or required for the preservation or
maintenance of a natural stream or watercourse or other drainage facility.
A building for the housing of fire, emergency medical or
police equipment and for related activities and operations to protect
the public health, safety and welfare.
Commercial establishments engaged in providing entertainment
for a fee or an admission charge, including but not necessarily limited
to a movie theater, an arcade, bowling alley, billiard hall, roller
skating rink or similar facilities.
A report and/or series of reports on the potential effect
of a proposed development or major action which may significantly
affect the environment and associated features thereunder.
Removal or recovery by any means whatsoever of soil, rock,
minerals, mineral substances or organic substances other than vegetation,
from water or land on or beneath the surface thereof, or beneath the
land surface, whether exposed or submerged.
The exterior wall of a building exposed to public view or
that wall viewed by person not within the building.
One or more persons occupying a dwelling unit and living
together as a single nonprofit housekeeping unit. Foster children
placed into the care and custody of a family shall be deemed to be
a member of the family. A group in excess of four individuals who
are not related by blood, marriage or legal adoption shall not be
deemed to constitute a family. If a dwelling unit is rented, in order
to qualify as a family, there shall not be more than one lease among
all of the occupants. Individual leases shall be deemed to have the
dwelling unit classified as a boarding house and/or rooming house.
Land consisting of two acres or more on which produce, crops,
or flowers are grown primarily for off-premises consumption, use,
or sale, excluding the keeping and/or raising any form of livestock.
An occasional or periodic market held in an open area or
structure where groups of individual sellers offer goods for sale
to the public.
Determined by dividing the gross floor area of all buildings
on a lot by the area of that lot.
The sum of the total horizontal areas of the several floods
of all buildings on a lot, measured from the interior faces of exterior
walls.
Manufacturing establishments producing or processing foods
for human consumption and certain related products. Includes (1) bakery
products, sugar and confectionery products (except facilities that
produce goods only for on-site sales with no wider distribution);
(2) dairy products processing; (3) fats and oils products; (4) fruit
and vegetable canning, preserving, and related processing; (5) grain
mill products and by-products; (6) meat, poultry, and seafood canning,
curing, and by-product processing (not including facilities that also
slaughter animals); and (7) miscellaneous food preparation from raw
products, including catering services that are independent from food
stores or restaurants.
The length of any one property line of a premises, which
property line abuts a legally accessible street right-of-way.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for: (a) embalming
and the performance of other services used in preparation of the dead
for burial: (b) the performance of autopsies and other surgical procedures;
(c) the storage of caskets, funeral units, and other related funeral
supplies; and (d) the storage of funeral vehicles, but shall not include
facilities for cremation.
A building for the private use of the owner or occupant for
the storage of motor vehicles with no facilities for mechanical service
or repair of a commercial or public nature.
Two or more multifamily residential structures, each containing
more than two but not more than eight dwelling units, having a common
hallway for entrance into such dwelling units.
A property or a potion thereof where gasoline as fuel is
stored and dispensed from fixed equipment into the fuel tanks of motor
vehicles. Such an establishment may offer for sale at retail other
convenience items as a clearly secondary activity and may also include
a freestanding automatic car wash.
A facility limited to retail sales to the public of gasoline,
motor oil, lubricants, motor fuels, travel aides, and minor automobile
accessories. In addition, such a facility may provide minor vehicle
servicing, minor repairs, and maintenance, excluding those services
provided under the definition of "automotive repair garage."
Any use considered to be inconsistent with
the public comfort, convenience, health, safety, and general welfare,
including the following: fire and explosion hazards; electrical and
radioactive disturbances; noise and vibration; dust, dirt, and fly
ash; glare; smoke and odors; and other forms of air pollution.
Any use operated or conducted in manner which
directly or indirectly endangers the public health safety and/or welfare,
including but not limited to having a detrimental effect on an adjoining
property or use of property and/or the community.
The City Council of the City of Nanticoke.
A dwelling unit which is shared under congregate
living arrangements by more than four persons, who are residents of
the dwelling unit by virtue of their need to receive supervised services
limited to health, social and/or rehabilitative services provided
by a person or persons of their licensed agents, a governmental agency
or their licensed or certified agents, a partnership or limited partnership
or their licensed or certified agents or any other legal entity. Such
services shall be provided on a continuous basis in a family-like
environment to persons who are in need of supervision and/or specialized
services in a residential setting.
The following shall not be deemed to constitute
a group residence:
A boarding home and/or personal care boarding
home.
A communal dwelling unit.
A facility providing shelter and/or rehabilitative
care or treatment of persons for alcoholism and/or an addiction to
a controlled substance.
A facility for persons released from or under
the jurisdiction of a governmental bureau of corrections or similar
institution.
Any material that, by reason of its quantity, concentration,
or physical, chemical or infectious characteristics, may:
An indoor facility where active exercise and related activities
are performed utilizing weight control or muscle building equipment
or apparatus for the purpose of physical fitness. Said facility may
also include game courts, swimming facilities, saunas and massage
rooms.
The vertical distance to the highest point of the roof for
flat roofs; to the deck line of mansard roofs; and to the average
height between eaves and the ridge for gable, hip, and gambrel roofs,
measured from the curb level if the building is not more than 10 feet
from the front lot line or from the grade in all other cases.
A permit, issued by the Pennsylvania Department of Transportation,
which authorizes access from a parcel of land onto a street or highway
which is under the jurisdiction of the Pennsylvania Department of
Transportation.
An occupation, profession, activity, or use that is clearly
a customary, incidental, and secondary use of a residential dwelling
unit and which does not alter the exterior of the property or affect
the residential character of the neighborhood.
Residences of clergymen, architects, landscape architects,
professional engineers, professional planners, registered land surveyors,
lawyers, real estate agents, financial consultants, artists, teachers,
musicians, or persons in other recognized professions used to conduct
their professions where the office use is incidental to the residential
use of the premises. The following uses and/or services, including
those which are similar in nature, are excluded from the classification
as a home office: hair stylists, barbers, massage parlors, tanning
salons, health spas, beauty spas, nutrition and weight management
services manicure and pedicure services, animal grooming services,
body piercing and body painting services.
An institution specializing in giving clinical, temporary,
and emergency services of a medical or surgical nature to human patients,
and injured persons, and licensed by state to provide facilities and
services in surgery, obstetrics, and general medical practice.
A facility offering transient lodging accommodations on a
daily rate to the general public and providing additional services,
such as restaurants, meeting rooms, and recreational facilities.
The distance measured from the surface of the tower foundation
to the height of the wind turbine hub, to which the blade is attached.
A study and/or report, which may be required at the discretion
of the Zoning Hearing Board prior to approval of a special exception
use, to determine the potential impact of the proposed use on activities,
utilities, traffic generation and circulation, surrounding land uses,
community facilities, environmental features, and the public health,
safety and welfare and other factors which may be directly or potentially
affected. The applicant shall be responsible for all costs related
to any and all report and/or studies required by the Zoning Hearing
Board under or within the context of the term "impact analysis."
Any material and/or development that substantially reduces
or prevents the infiltration of stormwater into previously undeveloped
land. Impervious surfaces shall include, but may not be limited to,
buildings, roofs, surfaced, graveled or cemented parking areas, streets,
sidewalks, driveways and smaller vehicular and/or pedestrian right-of-way.
Man-made physical additions, alterations, and/or changes
which become part of, placed upon, or affixed to real estate.
A use engaged in the basic processing and manufacturing of
materials or products predominantly from extracted or raw materials,
or a use engaged in storage of, or manufacturing processes using flammable
or explosive materials, or storage or manufacturing processes that
potentially involve hazardous or commonly recognized offensive conditions
and having potential to produce noise, dust, glare, odors or vibration
beyond its property line.
Uses engaged in the manufacture, predominantly from previously
prepared materials, of finished products or parts, including processing,
fabrication, assembly, treatment, packaging, incidental storage, sales,
or distribution of such products. Further, "light industrial" shall
mean uses such as the manufacture of electronic instruments, preparation
of food products, pharmaceutical manufacturing, research and scientific
laboratories, or the like. Light industry must be capable of operation
in such a manner to control the external effects of the manufacturing
process, such as smoke, noise, soot, dirt, vibration, odor, etc. Light
industry shall not include uses such as mining and extracting industries,
petrochemical industries, rubber refining, primary metal and/or any
form of basic industrial processing, including but not limited to
the use of hazardous materials.
A structure or facility which provides medical, health, educational,
social and/or rehabilitate services to more than eight persons on
a continuous and/or regular basis, excluding a facility for persons
released from or under the jurisdiction of a governmental bureau of
corrections or similar institution.
A facility, as defined under current state licensing requirements,
that provides nursing care and related medical or other personal health
services to patients on a planned program of care and administrative
management, supervised on a continuous twenty-four-hour basis in an
institutional setting.
Old, dilapidated, scrap or abandoned metal, paper, building
material and equipment, bottles, glass, appliances, furniture, beds
and bedding, rags, rubber, motor vehicles, and parts thereof.
Any vehicle, including a trailer, which does not bear current
license and inspection stickers or is incapable of being moved under
its own power, and presents a hazard or danger to the public by virtue
of its state or condition of disrepair. The following conditions,
which are not exclusive, are examples of what may constitute a state
or condition of disrepair.
Rusted and/or jagged metal on or protruding
from the body of a vehicle;
Broken glass or windows on or in the vehicle;
Leaking of any fluids from the vehicle;
Unsecured and/or unlocked doors, hood or trunk;
Storage or placement of the vehicle on concrete
blocks;
Harboring or rodents, insects or other pests.
An open area where wastes or used or secondhand materials
are bought, sold, exchanged, stored, processed, or handled. Materials
shall include but are not limited to scrap iron and other metals,
paper, rags, rubber tires, and bottles. An automobile wrecking yard
is also considered a junkyard.
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 propriety interest in land.
COMMERCIAL INDUSTRIAL LAUNDRYA business that provides washing, drying and ironing services operated by the employees on the premises.
LAUNDROMAT, SELF-SERVICEA business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises.
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, for principal and accessory buildings or
structures.
The total horizontal area within the lot lines of a lot.
Determined by dividing that area of a lot which is occupied
or covered by the total horizontal projected surface of all buildings,
including covered porches and accessory buildings and structures,
by the gross area of that lot.
The average horizontal distance between the front and rear
lot lines.
A line dividing one lot from another lot or from a street
or alley.
The lot line not intersecting a front lot line that is most
distant from and most closely parallel to the front lot line. A lot
bounded by only three lines will not have a rear lot line.
Any lot line that is not a front or rear lot line.
A lot which exists as shown or described upon a plat or deed
and duly recorded in the Office of the Recorder of Deeds of Luzerne
County, Pennsylvania, on the effective date of the adoption of this
chapter.
The horizontal distance between side lot lines, measured
at the required front setback line.
A lot abutting on and at the intersection of two or more
streets.
A lot having its front and rear yards each abutting on a
street.
The mechanical or chemical transformation of materials or
substances into new products, including the assembling of component
parts, the creation of products, and the blending of materials including
but not limited to oils, plastics, resins, etc.
Any establishment or business which provides the services
of massage and body manipulation, including exercises, heat and light
treatments of the body, and all forms and methods of physiotherapy,
operated by a medical practitioner, chiropractor or professional physical
therapist licensed by the commonwealth.
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.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable 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.
A parcel of land in a mobile home park, improved with all
necessary utility connection and other appurtenances necessary for
the erections thereon of a single mobile home.
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.
A building or group of buildings containing apartments and/or
rooming units, each of which maintains a separate outside entrance.
Such building or group buildings is designed, intended, or used primarily
for the accommodations of automobile travelers and provides automobile
parking conveniently located on the premises.
City of Nanticoke, Luzerne County, Pennsylvania.
A building or structure providing a municipal service or
function that is owned and operated by the City of Nanticoke.
An establishment that:
Has a primary or substantial portion of the
total trade in the sale of alcoholic beverages;
Frequently charges admission or cover charges
for entertainment or music for dancing;
Has a capacity of more than 150 persons for
such entertainment or dancing; and
Is not a sexually oriented business.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling, and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pick-up, delivery, or removal functions
to or from the premises in excess with those normally associated with
a residential use.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable use or extend of use provisions in the
zoning ordinance or amendment heretofore or hereafter enacted, where
such structure lawfully existed prior to the enactment of such ordinance
or amendment or prior to the application of such ordinance or amendment
to its location by reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in the zoning ordinance or amendment
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of such ordinance or amendment to its location
by reason of annexation.
PROFESSIONAL OFFICEAn office (other than a service office) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, veterinarians, engineers, artists, musicians, teachers, and others who, through training, are qualified to perform services of a professional nature.
SERVICE OFFICEAn office in which are offered services by real estate agents, travel agents, insurance agents, accountants, public stenographers, brokers, or others who, through training, are duly qualified to perform services of an executive nature as distinguished from a professional office.
An area that is intended to provide light and air, and is
designed for either environmental, scenic, or recreational purposes.
Open space may include, but is not limited to, lawns, decorative planting,
walkways, active and passive recreation areas, playgrounds, fountains,
swimming pools, wooded areas, and waste courses. Open space shall
not be deemed to include driveways, parking lots, or other surfaces
designed or intended for vehicular travel.
The keeping, in an unroofed area, of any goods, material,
merchandise, equipment or vehicles which are related to the operation
of a commercial business, excluding the storage of solid waste, hazardous
substances, refuse, junk or any inoperative durable items.
A fuel-burning device designed: (1) to burn clean wood or
other approved solid fuels; (2) by the manufacturer specifically for
outdoor installation or installation in structures not normally intended
for habitation by humans or domestic animals (e.g., garages); and
(3) to heat building space and/or water via distribution, typically
through pipes, of a fluid heated in the device, typically water or
a water/antifreeze mixture. Outdoor wood-fired boilers are also known
as outdoor wood-fired furnaces, outdoor wood-burning appliances, or
outdoor hydronic heaters, etc.
For the administration of this chapter, the owner of record
shall be the last known owner of any plot or parcel of land located
within the limits of the City of Nanticoke, whose forwarding address
is specifically designated in, and recorded in the City of Nanticoke
Assessment Maps and Quick Ward Listings maintained and located in
City Hall, Nanticoke, Pennsylvania.
A continuous quantity of land in the possession of or owned
by, or recorded as the property of, the same person or persons.
An area not within a building where motor vehicles may be
stored for the purposes of temporary, daily, or overnight off-street
parking.
An unobstructed space or area other than a street or alley
that is permanently reserved and maintained for the parking of one
motor vehicle.
The development and use of parking areas on two or more separate
properties for joint use by the business on those properties.
A level surfaced area directly adjacent to a principal building
constructed above the existing grade which has an average elevation
of not more than 30 inches, and without walls or a roof.
A support for a building or structure, reaching below the
frost line, consisting of a full poured concrete or masonry foundation
or any other type which is permitted under the design standards of
the Pennsylvania Uniform Construction Code, on which the building
or structure is anchored and is intended to remain indefinitely.
Any use which is specifically authorized in a particular
zoning district subject to compliance with the governing regulations
which may be approved by the Zoning Officer.
Any enterprise conducted for gain, which primarily offers
services to the general public, such as shoe repair, valet service,
watch repairing, barber shops, beauty parlors, animal groomers, manicuring,
tanning salon and related activities.
A facility, as defined under current state licensing requirements,
in which food, shelter and personal assistance or supervision are
provided for a period exceeding 24 consecutive hours for more than
three adults who are not relatives of the operator of the facility
and who require assistance or supervision in such matters as dressing,
bathing, diet or medication prescribed for self administration but
who do not require hospitalization or care in a skilled nursing or
intermediate care facility.
A fully enclosed structure in which short-tterm pet boarding
services are provided for domestic animals.
A business that reproduces drawings, plans, maps, or other
copy by means of blueprinting or photocopying.
A building or portion thereof used for religious services
either on a permanent or periodic basis, including churches, synagogues,
mosques and similar edifices.
The Planning Commission of the City of Nanticoke.
The main use of land or structures, as distinguished from
a secondary or accessory use.
A retail establishment that provides duplicating services
using photocopy, blueprint, and offset printing equipment, including
collating of booklets and reports.
Something owned, operated and supported by private individuals
or a corporation, rather than by government, and not available for
public use.
A facility primarily teaching usable skills that prepare
students for jobs in a trade or profession. Schools of this type shall
include, but are not limited to, art, barber, beauty, dance, karate,
modeling, music and other similar uses.
Something owned, operated and supported by the community
or the residents for the use and benefit of the general public.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act."[1]
A formal meeting held pursuant to public notice by the Governing
Body, Planning Commission or Zoning Hearing Board, which is intended
to inform and obtain public comment prior to taking action on a particular
subject matter or development.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the municipality. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Government-owned facilities, excluding schools, to which
the public has access, such as public parks, administrative buildings,
recreational, cultural, and service buildings, but not including public
land or buildings devoted solely to the storage and maintenance of
equipment.
Telephone, electric and cable television lines, equipment
structures; water or gas pipes, mains, valves, or other structures,
pumping stations; telephone exchanges and all other facilities, equipment
and structures necessary for conducting a service by public utility,
under the jurisdiction of the Pennsylvania Public Utility Commission,
in accordance with Section 619 of the Pennsylvania Municipalities
Planning Code, Act 247, as amended.[2]
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
A use conducted by, or a facility or structure owned or operated
by, a nonprofit organization that is open and available to the public
that provides educational, health, cultural, religious, recreational
or other similar types of community services.
Recreational facilities operated as a business and open to
the public for a fee.
Recreational facilities other than commercial or public,
not operated for a profit, and only open to its members and their
guests.
Recreational facilities operated as a nonprofit enterprise
by a governmental entity or a nonprofit organization, and open to
the general public.
A facility which is limited to the collection, separating
and processing of used material prior to shipment to others who will
use those materials to manufacture new products. Hazardous or toxic
substances shall not be accepted, located and or stored at such a
facility. This definition shall not include a junkyard.
A facility that is not a junkyard and in which recoverable
resources, such as newspapers, magazines, books, and other paper products;
glass, metal cans, and other products, are recycled, reprocessed,
and treated to return such products to a condition in which they may
again be used for production. The facility shall not process or recycle
hazardous or toxic substances.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceedings upon request,
with copies thereof provided at the cost of reproduction.
A building or group of buildings in which are located facilities
for scientific research, investigation, testing, or experimentation,
but not facilities for the manufacture or sale of products, except
as incidental to the main purpose of the laboratory.
A business establishment whose principal business is the
selling of unpackaged food to the customer in a ready-to-consume state,
in individual servings, or in nondisposable containers, and where
the customer consumes these foods while seated at tables or counters
located within the building.
An establishment whose principal business is the sale of
foods, frozen desserts, or beverages to the customer in a ready-to-consume
state either in edible container or in paper, plastic or other disposable
containers for consumption off the premises. A catering business shall
be deemed to be included within this term.
An establishment that offers quick food service, which is
accomplished through a limited menu of items already prepared or prepared,
fried, or grilled quickly, such as a microwave oven. Orders are not
generally taken at the customer's table and food is generally served
in disposable wrapping or containers.
A defined and designated area for vehicular or pedestrian
traffic, whether designated as a street, highway, thoroughfare, parkway,
road, avenue, boulevard, lane, alley, which usually include cartways,
shoulders, and sidewalks.
A horizontal line parallel to the average ground level of
the structure along the front of the building designating the highest
point of a flat roof, or where the flat surface area of a gable, hip,
mansard, or gambrel roof is in view from the ground level, that line
of demarcation separating the roof and the vertical structure's facade,
or a line along the front of the building delimiting the roof line
between eaves and ridge for gable, hip and gambrel roofs.
A structure thereof which contains rooming units which are
rented or leased, with the occupants of said units being nontransient,
and utilizing said location as a legal place of residence. The term
"rooming house" shall specifically exclude the following: dwelling,
dwelling unit, dormitory, hotel, motel, bed-and-breakfast facility,
group residence.
A room or rooms, in a rooming house and/or boarding house,
forming a single habitable unit intended for living quarters but lacking
separate bathroom and toilet facilities and/or cooking facilities
for exclusive use by the occupant or occupants of the rooming unit.
A device incorporating a reflective surface that is solid,
open mesh, or bar configured and is in the shape of a shallow dish,
cone, horn, or cornucopia. Such device shall be used to transmit and/or
receive radio or electromagnetic waves between terrestrial and/or
orbital based uses. This definition is meant to include but not be
limited to what are commonly referred to as satellite earth stations,
TVROs (television-reception-only satellite dish antennas), and satellite
microwave antennas.
A facility that provides a curriculum of elementary and secondary
academic instruction, including kindergartens, elementary schools,
junior high schools, and high schools that are licensed by the state
as such.
The method by which a view of one site from another adjacent
site is shielded, concealed, or hidden. Screening techniques include
fences, wall, hedges, berms, or other features.
The actual seating capacity of an area based upon the number
of seats or one seat per 18 inches of bench or pew length. For other
areas where seats are not affixed, the seating capacity shall be determined
by the applicable standards of the most recent Pennsylvania Uniform
Construction Code.
A building or group of buildings in a controlled access and
fenced compound that contains varying sizes of individual, compartmentalized,
and controlled access stalls or lockers for the storage of customers'
goods or wares. The units shall be used solely for dead storage of
nonhazardous materials and no processing, manufacturing, sales, research
and development, service or repair, or other storage activities shall
occur.
The required minimum horizontal distance between the building
line and the related front, side or rear property line.
MASSAGE PARLORAn establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
SEXUALLY ORIENTED BOOKSTOREAn establishment that has as a substantial portion of its stock-in-trade and offers for sale, 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 cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or (2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
SEXUALLY ORIENTED ENTERTAINMENTA nightclub, bar, tavern, restaurant, club or similar establishment that regularly features live performances 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.
SPECIFIED ANATOMICAL AREASAs used herein, specified anatomical areas means and includes any of the following: (1) less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or (2) human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIESAs herein, specified sexual activities means and includes any of the following: (1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; (2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; (3) masturbation, actual or simulated; or (4) excretory functions as part of or in connection with any of the activities set forth as a "sexually oriented use".
A grouping of retail business and service uses on a single
site with common parking facilities.
A structure or device designed or intended to convey information
to the public in written or pictorial form.
A plot or parcel of land or combination of contiguous lots
or parcels of land.
A plan prepared to scale, showing accurately and with complete
dimensions the boundaries of a site and the location of all buildings,
structures, uses, and features proposed for a specific parcel of land.
A facility, as defined under current state licensing requirements,
that provides nursing care and related medical or other health services
for a period of 24 hours or more for individuals not in need of hospitalization,
but who because of age, illness or other infirmity, require high-intensity
comprehensive planned nursing care.
A room or building used for friendly or convivial gatherings,
normally owned and/or operated by a nonprofit or civic organization.
A plan that indicates necessary land treatment designed to
effectively minimize soil erosion and sedimentation measures requiring
approval by the Luzerne County Conservation District.
Any garbage, refuse or other material including solid, liquid,
semisolid or contained in gaseous material, resulting from the operation
of residential, municipal, commercial or institutional establishments
and from community activities, excluding "hazardous substances" as
so defined by this chapter and "hazardous waste," as so defined by
the Pennsylvania Department of Environmental Resources, pursuant to
Chapter 271.1, under the Solid Waste Management Act, as amended.[3]
Any facility operated pursuant to the laws of the Commonwealth
of Pennsylvania governing the management, processing, treatment, storage,
transfer and/or disposal of solid waste, as so defined by this chapter.
A use which may only be permitted in a particular zoning
district by special approval, granted by the Zoning Hearing Board
in accordance with the applicable provisions of this chapter.
A detached accessory structure on a residential property
that is used for the storage of household goods, lawn and garden equipment,
materials typically found in sufficient limited quantity for residential
purposes, and other related goods and machinery, excluding any type
of motor vehicle, intended solely for the use of the residents of
a property upon which it is located.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor about it, the space between such floor and the ceiling
above. A basement shall be counted as a story if its ceiling equals
for exceeds five feet of the finished ground surface adjoining the
exterior walls of such story.
A public (dedicated) or private (undedicated) right-of-way,
whether or not improved, intended for use by vehicular and pedestrian
traffic.
Any man-made object, the use of which requires an ascertainable
stationary location on land, whether or not it is affixed to the land.
A water-filled enclosure, having a depth of not less than
24 inches, permanently constructed or portable, designed to be used
or intended to be used for swimming purposes by any family or persons
residing on the premises or their guests. The use shall not be operated
for financial gain and the use shall be considered an accessory use
to the dwelling on the lot thereon.
An establishment whose principal business activity is the
practice of one or more of the following:
Placing of designs, letters, figures, symbols,
or other marks upon or under the skin of any person, using ink or
other substances that result in the permanent coloration of the skin
by means of the use of needles or other instruments designed to contact
or puncture the skin;
Creation of an opening in the body of a person
for the purpose of inserting jewelry or other decoration.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub." The sale of food may also occur.
A residential structure constructed as a single entity containing
a row of more than two single-family attached dwelling units but not
more than seven single-family attached dwelling units, whereby each
unit may be sold as an individual single-family attached unit, with
each unit having a lot under individual or association ownership.
Each unit shall have its own front and rear access to the outside
and may have a common or public open space, such as an off-street
parking area, yard area, recreational area, or similar common area.
No dwelling units shall be located over another unit and each unit
shall be separated from another unit by one or more party walls without
openings.
A building and/or land used primarily for the maintenance
and storage of large commercial vehicles.
A structure, building and/or land consisting of a storage
area, management and dispatch office and loading and unloading facilities
connected with receipt of delivery of freight shipped by truck.
The distance measured from the surface of the tower's foundation
to the highest point of the turbine rotor plane at its furthest vertical
extension.
A waiver granted by the Zoning Hearing Board from the terms and requirements of this chapter in accordance with § 500-1409 of this chapter.
A building used primarily for storage of goods, and materials.
A use engaged in storage, wholesale and distribution of manufactured
products, supplies and equipment, excluding the bulk storage of materials
that are inflammable, explosive, hazardous, or commonly recognized
as offensive.
A permanent or intermittent stream, river, brook, creek,
or channel or ditch for collection and conveyance of water, whether
natural or man-made.
Those areas that are inundated or saturated by the surface
water or groundwater at a frequency or duration sufficient to support,
and under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs and similar areas. The term includes but is
not limited to wetland areas listed in the State Water Plan, the United
States Forest Service Wetlands Inventory of Pennsylvania, Pennsylvania
Coastal Zone Management Plan and any wetland area designated by a
river basin commission.
A machine designed for the purpose of converting wind energy
into electrical energy (commonly known as "wind turbine" or "windmill").
The term WECS shall be used interchangeably with the terms "wind turbine"
or "windmill," with said terms having the same meaning as a wind energy
conversion system (WECS).
A wind energy conversion system that is incidental and subordinate
to another use on the same parcel and supplies electrical power solely
for on-site use, which is intended to primarily reduce consumption
of utility power at that location and not for resale.
An electric-generating facility, whose main purpose is to
supply electricity, consisting of one or more wind turbines.
A wind energy conversion system that converts wind energy
into electricity through the use of wind turbine generator, and includes
the nacelle, rotor, tower, and pad transformer, if any.
An open space that lies between the principal building and
the nearest lot line. Such yard is unoccupied and unobstructed from
the ground up except for accessory buildings or projections which
are expressly permitted by this chapter.
A space extending the full width of the lot between the principal
building and the front lot line and measured perpendicular to the
building at the closest point to the front lot line.
A space extending the full width of the lot between the principal
building and the rear lot line and measured perpendicular to the building
at the closest point to the rear lot line.
A space extending from the front yard to the rear yard between
the principal building and the side lot line measured perpendicular
from the side lot line to the closest point of the principal building.
A portion of City of Nanticoke illustrated upon the Official
Zoning Map, within which certain uniform regulations and requirements
apply under the provisions of this chapter.
The Zoning Hearing Board of City of Nanticoke, Luzerne County,
Pennsylvania.
The official map which is part of this chapter and indicates
and delineates the zoning districts of City of Nanticoke, Luzerne
County, Pennsylvania.
