The following rules of construction shall apply to this chapter:
A.
For this chapter, certain terms and words are defined in this Article III. Whenever used in this chapter, they shall have the meaning indicated in this article, except where the context clearly indicates a 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.
G.
The word "day" shall mean "calendar day" and not "business day."
A.
Terms, phrases, words not defined. When terms, phrases, or words
are not defined, they shall have the meaning as defined in The Complete
Illustrated Book of Development Definitions (Moskowitz, Lindbloom,
Listokin, Preiss, and Merriam, Transaction Publishers, New Brunswick,
NJ, 4th edition, 2015, ISBN: 978-1- 4128-5504) or the latest edition
thereof, or if not defined, they shall have their ordinarily accepted
meanings or such as the context may imply.
For this chapter, the following words, terms, and phrases have
the meaning indicated:
To desert, surrender, forsake, or cede. To give up absolutely;
to forsake entirely; to renounce utterly; to relinquish all connection
with or concern in; to desert. It includes the intention and the external
act by which it is carried into effect.
See "domestic violence shelter."
A type of drive permitted by the Subdivision and Land Development
Ordinance[1] to serve a residential lot which does not have frontage
on a public or approved private road.
One combined entrance/exit point or one clearly defined entrance
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.
An accessory building which is unattached to a foundation
and is of the type which can be readily moved to another location.
These include, but are not limited to, prefabricated metal tool sheds
and children's playhouses.
A structure serving a purpose customarily incidental to and
subordinate to the use of the principal use and located on the same
lot as the principal use. Accessory structures include, but are not
limited to, a household garage, household storage shed, detached carport,
a household swimming pool, or an accessory storage building to a business
use. An accessory building is any accessory structure that meets the
definition of a building. A portion of a principal building used for
an accessory use shall not be considered an accessory building.
A use or structure customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
An extension or increase in floor area or height of a building
or structure. See also "alteration" and "repair."
Two or more lots that share a common lot line.
Any of the following:
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.
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, videos, 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.
Any of the following as defined in this Article III:
Additional definitions associated with "adult business" include:
ADULT ARCADEAny place to which the public is permitted or invited where 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 of 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.
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:
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
Instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
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.
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.
A commercial use (including, but not limited to, a use selling
food or beverages) including live entertainment involving:
Persons (which may include, but is not limited to, waiters,
waitresses, dancers, clerks, bartenders, contractors, or others) appearing
in a state of nudity; or
Live performances which are characterized by the exposure of
specified anatomical areas or simulated or actual specified sexual
activities; or
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.
An "adult entertainment use or facility" shall be considered
an "adult business" for regulation by this chapter.
A hotel, motel, or similar commercial establishment which:
Offers accommodations to the public for any form of consideration
and 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.
Offers any sleeping room for rent three or more times in one
calendar day.
An "adult motel" shall be considered an "adult business" for
regulation by this chapter.
ADULT MOTION PICTURE THEATERA 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 this chapter.
ADULT THEATERA 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.
ESCORTA 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.
ESCORT AGENCYA 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.
MASSAGEPressing, 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 PARLORA 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.
NUDE MODEL STUDIOAny place, which is not excepted by § 500-88C(17), 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.
NUDITY or A STATE OF NUDITYThe 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.
OBSCENE MATERIALSAny 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.
SEXUAL ENCOUNTER CENTERA 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 seminude. A "sexual encounter center" shall be considered an "adult business" for regulation by this chapter.
SPECIFIED ANATOMICAL AREASAny of the following:
SPECIFIED SEXUAL ACTIVITIESAny of the following:
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus, or female breasts.
Sex acts, normal or perverted, actual, or simulated, including
intercourse, oral copulation, or sodomy.
Masturbation, actual or simulated.
Excretory functions as part of or in connection with any of
the activities set forth in (a), (b) and (c) above.
See "nursing home."
Any person other than the owner who, acting for the owner,
applies for the purpose of obtaining approval in accordance with this
chapter.
As defined by the Pennsylvania Right to Farm Act,[2] the activities, practices, equipment and procedures that
farmers adopt, use or engage in the production and preparation for
market of poultry, livestock and their products and in the production,
harvesting and preparation for market or use of agricultural, agronomic,
horticultural, silvicultural and aquacultural crops and commodities
and is: (1) not less than 10 contiguous acres in area; or (2) less
than 10 contiguous acres in area but has an anticipated yearly gross
income of at least $10,000, or as may be updated by amendment of the
Pennsylvania Right to Farm Act. The term includes new activities,
practices, equipment, and procedures consistent with technological
development within the agricultural industry. Use of equipment shall
include machinery designed and used for agricultural operations, including,
but not limited to, crop dryers, feed grinders, sawmills, hammer mills,
refrigeration equipment, bins and related equipment used to store
or prepare crops for marketing and those items of agricultural equipment
and machinery defined by the act of December 12, 1994 (P.L. 944, No.
134), known as the Farm Safety and Occupational Health Act. Custom
work shall be considered a normal farming practice. See also "crop
production," "animal husbandry," and "concentrated animal feeding
operation."
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.
Activities conducted on an agricultural operation and offered
to the public or invited groups for the purpose of recreation, education,
or active involvement in the farm operation. These activities must
be directly related to agriculture or natural resources and incidental
to the primary operation of the farm/site.
See "short-term rental."
A tract of land, with or without buildings, where airplanes,
jets, helicopters, and/or any other type of aircraft land and take
off.
A right-of-way, privately or publicly owned, primarily for
service access to the rear or sides of properties.
Any construction or renovation to an existing structure other
than a repair or an addition. See also "addition" and "repair."
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 as an
accessory use to any lawful principal use.
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.
See "veterinary clinic."
An agricultural operation involving the raising and keeping
of livestock, small animals and fowl, and/or fur bearing animals with
the intent of producing capital gain or profit or with the intent
of selling any livestock and/or poultry products.
The raising and keeping of livestock and/or small animals
and fowl for personal satisfaction or consumption and with no intent
of producing capital gain or profit or with no the intent of selling
any livestock and/or poultry products.
See "kennel."
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.
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.
See "dwelling."
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.
Any application required to be filed for approval in accord
with the requirements of this chapter.
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.
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.
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.
Nonliving space in or above a dwelling unheated with head
space of less than 6 1/2 feet.
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.
An overhanging projection or covering, usually supported
on poles, and made of canvas, fabric, plastic, or other materials.
An establishment where bread, cakes, cookies, candy, fudge,
and similar items are produced and sold on the premise to consumers.
An establishment for the custody, loan, exchange, or issue
of money, for the extension of credit, and for facilitating the transmission
of funds.
See "meeting, assembly, or banquet hall."
An enclosed floor area partly or wholly below the finished
grade with at least one half 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 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 used for business or dwelling occupancy
or storage purposes and not solely for heating, mechanical and similar
equipment. See "cellar."
An owner or operator-occupied single-family dwelling in which
transient visitors to the area are lodged for compensation, only breakfast
for lodging guests may be included, and no cooking facilities are
provided in any rental room.
An establishment with the principal use of playing cue sports
such as pool, snooker, or carom billiard. Considered a "recreation
facility, commercial" for regulation by this chapter.
An operation which combines asphalt or bituminous materials
and aggregates and heat to manufacture a bituminous seal coat or bituminous
concrete product. Considered "industry" for regulation by this chapter.
A tract of land, a lot, or groups of lots, bounded by streets,
public parks, water courses, municipal boundary lines, unsubdivided
land or by any combination of the above.
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.
Jim Thorpe Borough, Carbon County, Pennsylvania.
The Borough Council of Jim Thorpe Borough, Carbon County,
Pennsylvania.
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.
A use primarily intended for sale or consumption on the premises,
the brewing of malt beverages of alcoholic and/or nonalcoholic content,
the distilling of liquor, and or the making of wine. Considered a
"restaurant" for regulation by this chapter.
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.
Any structure used or intended for supporting or sheltering
any use or occupancy.
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, concrete patios, carports and breeze ways, but excluding
open and uncovered patios and decks.
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.
The horizontal ground area enclosed by the walls of a building
together with the area of all covered porches and other roofed portions.
The vertical distance from grade plane to the average height
of the highest roof surface. See "grade plane."
See "permit."
A building which has one or more walls or portions thereof
in common with an adjacent building.
A building surrounded by open space on all sides within the
same lot.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
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;
or any retail home heating fuel distributor where the storage of fuel
on the site exceeds a combined total of 10,000 gallons.
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 for the
bus.
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.
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.
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.
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.
See "youth or adult camp/retreat."
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.
An overhanging projection or covering, usually supported
on poles, and made of canvas, fabric, plastic, or other materials.
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.
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 part of that building.
The portion of a street right-of-way paved or unpaved intended
for vehicular use, including the travelway and shoulders.
The business of providing food and/or beverage service at
a site other than the site where the food/beverage is prepared.
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."
 |
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.
A document issued by the Zoning Officer stating that a newly
constructed or altered building, structure, and/or use complies with
this chapter and may be lawfully used.
Any conversion of a use from one use as regulated by this
chapter to a different regulated use.
A public or private parking space that is served by battery
charging station equipment that transfers electric energy to a battery
or other energy storage device in an electric vehicle. It does not
include accessory charging facilities used solely by the occupants
of a dwelling or a nonresidential building.
A farm that grows various types of trees used in celebrating
Christmas where sales are made directly to the public and where the
customers cut their own trees or select trees for cutting by the owner.
See "place of worship."
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.
See "medical clinic."
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. A "club/lodge, private" does not include
commercial recreation clubs such tennis or racquetball clubs or any
other use which is specifically defined by this chapter.
An educational institution authorized by the state to award
associate, baccalaureate, or higher degrees.
An occupation, employment, or enterprise carried on for profit
by the owner, lessee, or licensee.
A truck with a gross or combined vehicle weight of 26,001
pounds or more. Classified by the Motor Vehicle Code of the State
of Pennsylvania (75 Pa.C.S. § 1916) as a truck of Weight
Class 9 or greater.
The Planning Commission of Jim Thorpe Borough, Carbon County,
Pennsylvania.
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.
Improvements in a development that may or may not be 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.
A use that exists solely to provide primarily indoor leisure
and educational activities and programs and meeting space to members
of the surrounding community and/or certain age groups, and which
does not involve substantial use of machinery or noise-producing equipment.
The use also may include the preparation and/or provision of meals
to low-income elderly persons, as accessory to leisure activities.
This shall not include residential dwelling uses.
The process by which organic solid waste is biologically
decomposed under controlled anaerobic or aerobic conditions to yield
a humus-like product.
A facility using land for processing of municipal waste by
composting. The term includes land thereby affected during the lifetime
of the operations, including, but not limited to, areas where composting
actually occurs, support facilities, borrow areas, offices, equipment
sheds, air and water pollution control and treatment systems, access
roads, associated onsite or contiguous collection, transportation
and storage facilities, closure and post-closure care and maintenance
activities and other activities in which the natural land surface
has been disturbed as a result of or incidental to operation of the
facility. The term does not include a facility for composting residential
municipal waste that is located at the site where the waste was generated.
The Borough Comprehensive Plan, which may be a multimunicipal
plan, including all maps, charts, and textual matter.
Any livestock operation which is defined as a concentrated
animal feeding operation by the regulations adopted by the Commonwealth
of Pennsylvania. CAFO is not an activity permitted as an agritourism
enterprise.
A facility in which materials (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 "industry" for regulation by this chapter.
A use in a specific 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.
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/or
retail stores and services primarily for conference center guests.
Lands within the 100-year floodplain, wetlands, lakes, ponds,
watercourses, and slopes of 25% or more.
All landscape elements not included in the primary conservation
area. These include:
Hydric soils, swales, springs, lowland areas other than wetlands.
Moderately steep slopes between 15% and 25%, particularly those
adjoining watercourses and ponds, where disturbance and resulting
soil erosion and sedimentation could be detrimental to water quality.
Healthy woodlands' particularly those performing important
ecological functions such as soil stabilization and protection of
streams, wetlands and wildlife habitats.
Areas where precipitation is most likely to recharge local groundwater
resources because of topographic and soil conditions affording high
rates of infiltration and percolation.
Hedgerows, groups of trees, large individual trees of botanic
significance, and other vegetative features.
Historic structures and sites.
Visually prominent topographic features such as knolls, hilltops,
and ridges, and scenic viewsheds as seen from public roads (particularly
those with historic features).
Existing trails, especially those connecting the tract to other
locations in the township.
Class I, II and III agricultural soils as defined by the United
States Department of Agriculture, Natural Resources Conservation Service's
County Soil Survey for Carbon County.
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.
A right or interest in land granted primarily for the preservation
of the land in its undeveloped state but which may allow other compatible
uses such as agriculture and forestry.
See "open space, conservation."
Selected resources and areas of restricted land multiplied
by a protection factor, totaled, and used for the calculation of adjusted
tract area related to conservation design development.
The erection, reconstruction, renovation, repair, extension,
expansion, alteration or relocation of a building or structure, including
the placement of manufactured homes.
Any premises used as the base of operation by any tradesman
or contractor with the storage of equipment, vehicles, and supplies.
A retail establishment 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.
A change of any structure from the use or design for which
it was erected or has been customarily used. Such conversions shall
be subject to the use requirements of the zone in which they are located.
See "dwelling, multifamily."
Includes the redesign and conversion of existing residential
structures into two-family and multifamily dwellings or the redesign
of existing nonresidential structures which are to be converted into
residential use in their entirety or above the first floor.
An enclosure for confining livestock and which is typically
attached to or situated near a stable or barn as contrasted to a pasture.
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, half-way houses, transitional
living facilities, juvenile detention facilities, and similar facilities.
See § 500-43.
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.
The County of Carbon, Commonwealth of Pennsylvania.
The Planning Commission of Carbon County, Pennsylvania.
An unoccupied open space, other than a yard, on the lot with
a building, which is bounded on two or more sides by the walls of
such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley, or yard.
See "lot coverage."
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
building height measurement or determining the gross floor area of
a building.
A furnace or establishment for the incineration of human
or animal corpses.
An agricultural operat 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.
An operation which processes minerals or other materials
and crushes them to various sizes for resale or use. Considered "mineral
processing" for regulation by this chapter.
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.
The officially established grade of the curb in front of
the midpoint of the lot.
A facility not located in a dwelling unit 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.
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.
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.
An attached or unattached platform structure with no walls
and with no roof.
The total number of dwelling units per unit of land.
The Pennsylvania Department of Environmental Protection.
See "building, detached."
See "structure, detached."
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.
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.
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.
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, storm water controls and drainage
easements, landscaped areas, utilities, and water supplies and sewage
disposal systems.
A proposed development plan, prepared in accordance with this chapter and Chapter 390 (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.
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.
A facility for the production and packaging of alcoholic
liquor for retail and/or wholesale distribution off the premises and
licensed as such by the Commonwealth of Pennsylvania. Considered "agricultural
products processing" for the purposes of this chapter. See also "brewery/distillery/winery
pub."
See "brewery pub/distillery pub/winery pub."
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.
A designated land area in the Borough within which certain
uniform regulations and requirements apply under the provisions of
this chapter.
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
to protect their physical or psychological welfare.
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.
See "theater, drive-in."
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.
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.
A use (other than a correction facility or a permitted accessory
use in a hospital) providing facilities for persons who need specialized
housing, treatment and/or counseling for stays in most cases of less
than one year and who need such facilities because of chronic abuse
of or addiction to alcohol and/or a controlled substance. Considered
a "rehabilitation center" for regulation by this chapter.
See "landfill" and "solid waste facility."
A structure or portion thereof which is used exclusively
for human habitation.
See § 500-27A.
One or more rooms, occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided in the unit,
for the exclusive use of that single family.
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, or a dwelling unit located
on the upper floors of a nonresidential building.
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:
APARTMENT BUILDINGA multifamily dwelling structure, 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.
GARDEN APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three to 10 apartment 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.
QUADRAPLEXFour attached single-family dwellings in one building in which each unit has two open space exposures and shares one or two walls with adjoining unit or units.
SINGLE-FAMILY ATTACHED/TOWNHOUSEA dwelling unit located in a multifamily dwelling structure 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.
CONVERSION APARTMENTThe conversion of an existing building into three or more dwelling units.
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A building containing one dwelling unit that is not attached
to any other dwelling by any means and is surrounded by open space
or yards.
A building containing two dwelling units either attached
side by side using a vertical party wall and having one side yard
adjacent to each dwelling unit; or upstairs/downstairs units.
Any activity, including, but not limited to, construction,
mining, farming, timber harvesting and grubbing, which alters, disturbs,
and exposes the existing land surface.
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.
A building for the housing of fire, emergency medical or
police personnel and equipment and for related activities and which
may, as an accessory use, include housing for emergency personnel
while on-call and social halls.
For the purposes of home occupations and parking requirements,
including but not limited to, full or part-time workers, volunteers,
proprietors, and all professionals.
Construction of any building, structure or any obstruction
or illegal or unauthorized intrusion on to 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 this chapter.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer of the Borough.
To build, construct, alter, repair, display, relocate, attach,
hang, place, suspend or affix to any building or structure.
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
building or use."
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.
See "wild or exotic animal."
As defined by PA Code, Title 25, Chapter 211 - Storage, Handling
and Use of Explosives, a chemical compound, mixture or device that
contains oxidizing and combustible materials or other ingredients
in such proportions or quantities that an ignition by fire, friction,
concussion, percussion or detonation may result in an explosion.
The term includes safety fuse, squibs, detonating cord and igniters.
The term does not include the following:
Commercially manufactured black powder, percussion caps, safety
and pyrotechnic fuses, matches and friction primers, intended to be
used solely for sporting, recreational or cultural purposes in antique
firearms or antique devices, as defined in 18 U.S.C.A. § 921
(relating to definitions).
Smokeless powder, primers used for reloading rifle or pistol
cartridges, shot shells, percussion caps and smokeless propellants
intended for personal use.
Land with buildings or structures used in connection with
the manufacturing or processing of explosives, as well as the storehouses
and magazines for the storage of explosives.
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:
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;
Five unrelated people;
Two unrelated people and any children related to either of them;
or
Not more than the number of residents of a group home meeting the requirements of § 500-54.
The definition of a family does not include:
Any society, club, fraternity, sorority, association, lodge,
combine, federation, coterie, or like organization;
Any group of individuals whose association is temporary or seasonal
in nature; and
Any group of individuals who are in a group living arrangement
as a result of criminal offenses; and
Any person or group of individuals occupying, in whole or in
part, a building or portion thereof as a short-term rental.
See "agricultural operation."
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.
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.
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.
See "bank."
The importing of trees or firewood from any property to any
another property for cutting or sale for use as firewood. This may
include the storage of the cut trees and firewood, and customers on
the site to purchase firewood, but no other retail sales. This shall
not include the cutting by a property owner of trees growing on his
property for sale as firewood. Considered "agricultural products processing"
for regulation by this chapter.
As defined by PA Code, title 34, Part 1, Chapter 5 - Blasting,
Demolition, Fireworks and Explosives, a combustible or explosive composition,
substance or combination of substances, or article prepared for the
purpose of producing a visible or an audible effect by combustion,
explosion, deflagration or detonation.
Land with buildings or structures used in connection with
the manufacturing or processing of fireworks, as well as the storehouses
or magazines for the storage of finished fireworks. This does not
include a fireworks retail establishment operated in accord with state
and federal requirements.
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 business" for regulation
by this chapter.
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.
The sum of the total horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the centerline 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 breeze ways.
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.
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.
See "lot frontage."
A building or part thereof used for human or animal funeral
services (a crematorium is a separate regulated use). Such building
may contain space and facilities for any of the following:
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.
See "yard, lawn, garage, tag, or estate sale."
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 public.
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.
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 public.
A retail establishment engaged in the sale of ornamental
trees, shrubs and plants and supplies for gardening and landscaping.
An unenclosed or partially enclosed, detached, covered accessory
structure primarily used for recreation or socializing.
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.
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.
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.
1) The average finished ground elevation adjoining a building,
or 2) The degree of inclination of a slope, road, or other surface.
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A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet from the building, between the building and a point six feet
from the building. See "building height."
The final elevation of the average ground level adjoining
a building at all exterior walls after development.
The elevation of the ground level in its natural state before
construction, filling, or excavation.
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.
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.
A facility which provides resident services to seven or more
individuals who are being cared for by a residential supervisory staff.
These individuals are handicapped, aged, or disabled, and are undergoing
rehabilitation, and are provided services to meet their needs. Large
group care facilities are licensed, supervised, or funded by any federal,
state or county agency. Facilities for individuals suffering from
alcohol or drug addiction who have not completed detoxification and
medical rehabilitation or who currently use alcohol or illegal drugs
shall not be considered group care facilities.
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of the maximum number of persons permitted by the group home standards of § 500-54 and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing non-routine 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.
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
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*NOTE: As of 1992, the Federal Fair Housing Act 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.
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An accessory building or structure, together with any associated
gates and related equipment, which is designed, occupied, and operated
for controlling vehicular access.
See "pipelines and associated facilities."
An administrative proceeding conducted by the Planning Commission,
Governing Body, or Zoning Hearing Board pursuant the requirements
of this chapter.
See "building height."
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.
A heliport without auxiliary facilities, such as parking,
waiting room, fueling, and maintenance equipment limited to a maximum
total of 15 flights or take-offs in any seven-day period (in addition
to flights necessary for emergency medical purposes) and that is not
available for use by the public.
See "daycare, home."
The use of a dwelling or accessory building in the pursuit
of an occupation by members of the family residing on the premises.
See also "no-impact home-based business."
A government or nonprofit corporation facility providing
temporary housing to indigent, needy, or homeless persons.
See "property owners association."
A businesses serving flavored tobacco or other products for
on-site smoking.
A facility 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, research facilities and staff residences.
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 public, typically on the basis of daily
or weekly rentals, and providing additional services such as restaurants,
meeting rooms and recreational facilities.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit. See "family."
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.
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See "development improvements."
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.
As applicable to agritourism enterprises, agriculturally
related educational and learning experiences, such as informal learning-based
presentation and tours, for the purpose of educating the public of
typical farming operations through a variety of media, such as video
displays and exhibitions of material.
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:
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;
Used lumber, boxes, crates, and pallets;
Used tires;
Other worn, deteriorated, or obsolete manufactured goods which
are unusable;
Mobile/manufactured homes that are not in habitable condition;
and
Broken, neglected, abandoned, or junked machinery and equipment;
scrapped motor vehicles and parts thereof, including motors; bodies
of motor vehicles and vehicles which are inoperable, unlicensed, and
do not have a current and valid inspection sticker.
"Junk" shall not include:
Agricultural vehicles and implements such as tractors, mowers,
etc., for use as parts for equipment and machinery used as part of
an active, on-going agricultural operation provided such equipment
is stored on the premises of the operation, can be legitimately used
for parts, and is adequately screened.
Construction and contractor's equipment for use as parts
for equipment and machinery used as part of an active, on-going 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 in accord with this chapter.
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.
Any of the following:
Any commercial establishment where dogs, cats, or other household
pets are housed or boarded and where grooming, breeding, training,
or selling of animals may be conducted.
As defined by the Pennsylvania Department of Agriculture, Bureau
of Dog Law Enforcement: pet shop kennels, dealer kennels, rescue network
kennels, research kennels, boarding kennels, nonprofit kennels, and
commercial kennels.
A natural or artificial body of water one acre or larger
which retains water year-round. Artificial ponds may be created by
dams or result from excavation.
Any of the following activities:
A subdivision of land.
The improvement of one lot or two or more contiguous lots, tracts,
or parcels of land for any purpose involving:
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
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, streets, common areas, leaseholds,
condominiums, building groups or other features.
The definition of land development shall not include the following:
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.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this subclause, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the Borough.
See "solid waste facility."
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.
Any nonresidential use, whether or not otherwise defined by this § 500-12, which involves the use, extraction, or collection of 10,000 or more gallons per day average over 30 days of groundwater, spring and/or surface water for off-site consumption, including the expansion of any such existing use or operation. This does not include any water company serving residential uses.
Cattle, bison, sheep, goats, llamas, alpacas, swine, ostriches,
emus, and similar animals.
An interior or exterior off-street space or berth used for
the loading or unloading of people, cargo, products, or materials
from vehicles.
See "residency, long term."
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.
The area within the lot lines, excluding any area within
a street right-of-way, but including the area of any easement.
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.
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.
That side of a lot abutting on a street right-of-way and
ordinarily regarded as the front of the lot.
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."
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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.
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.
Any lot line other than a front or rear lot line.
The distance between the straight lines connecting front
and rear lot lines at each side of the lot, measured across the rear
of the required front yard, provided, however, that width between
side lot lines at their foremost points (where they intersect with
the street line) shall not be less than 80% of the required lot width
except in the case of lots on the turning circle of culs-de-sac, where
the 80% requirement shall not apply.
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°.
Any lot or parcel of property which was legally in existence
and properly on file with the County Recorder of Deeds.
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow, private right-of-way or
driveway.
A lot other than a corner lot, the rear and side lines of
which do not abut a street.
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A through lot with frontage on two streets with vehicular
access restricted to only one of the streets.
A lot that fronts on two parallel streets or that fronts
on two streets that do not intersect at the boundaries of the lot.
See "forestry."
An area and structures used for the storage, distribution,
and sale of finished or rough-cut lumber and lumber products.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more manufactured
housing lots for the placement thereon of manufactured houses.
See "vehicle and equipment sales operation."
A parcel of land in a manufactured housing park which is
leased by the park owner to the occupants of the manufactured house
erected on the lot and which is improved with the necessary utility
connections and other appurtenances necessary for the erection thereon
of a single manufactured house.
Housing which bears a label as required by and referred to
in the act of November 17, 1982 PL. 676. No. 192, known as the Manufactured
Housing Construction and Safety Standards Authorization Act, certifying
that it conforms to federal construction and safety standards adopted
under the Housing and Community Development Act of 1974 (Public Law
93-383, 88 Stat. 633).
Facilities involving generally unobtrusive processes carried
on entirely within a fully enclosed building and not resulting in
the nonincidental storage of hazardous materials or the generation
of hazardous waste products, or other environmentally hazardous processes.
Light manufacturing includes, but is not limited to:
Grain storage, distribution, processing, and milling operations.
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.
Textile and clothing manufacturing.
Furniture or other wood products production.
Light manufacturing does not include:
See "medical marijuana."
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.
A "service establishment," as regulated by this chapter,
which meets all of the following criteria:
Massages are conducted for a fee, tip, or other consideration;
and
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.
The establishment does not meet the definition of massage parlor.
Any device, such as an outdoor electrical unit/control box,
that transfers the energy from the energy system to the intended on-site
structure.
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.
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16, as amended.
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
Pennsylvania "Medical Marijuana Act" (Act of Apr. 17, 2016,
P.L. 84, No. 16, a/k/a Act 2016-16, 35 P.S. § 10231.101
et seq., as amended). The related Pennsylvania Department of Health
regulations can be found at 28 Pa. Code, Part IX, Chapters 1131 et
seq.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Pennsylvania Department of Health (DOH)
to dispense medical marijuana.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Pennsylvania Department of Health (DOH) to
grow and process medical marijuana.
A dispensary or a grower/processor of marijuana for medical
purposes.
A structure designed for an assemblage of persons for gatherings
such as weddings, banquet, parties, etc.
A collection of animals which are kept in cages or enclosures,
inside a building or outdoors, for exhibition or educational purposes.
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.
Any site, facility or operation with the primary use being
the transfer of minerals from a railroad car or vehicle to another
railroad car or vehicle for distribution, and/or the primary use being
storage of minerals for distribution. This shall not include a bulk
fuel storage facility or the storage or transfer of minerals incidental
to another approved use.
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:
The salvage removal of already quarried stone from existing
quarries where no additional blasting, ripping or other mechanical
operations are required.
The extraction of minerals by a landowner for the landowner's
noncommercial use from land owned or leased by the landowner.
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.
The handling, processing, or storage of slag on the premises
of a manufacturer as a part of the manufacturing process.
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:
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.
See "convenience store."
See "manufactured housing."
See "manufactured housing lot."
See "manufactured housing park."
Sales from a portable stand, vehicle, or trailer. Examples
are furniture, rug and produce sales. Such operations conducted as
a temporary event by a public use or a semipublic use and vendors
who travel from site to site (e.g., construction sites or manufacturing
plants) selling exclusively to customers employed at the visited site
are not included.
A building that is intended for residential use that is transported
to its site on a steel frame or special trailer because it does not
have a permanent chassis like a manufactured (mobile) home. Considered
a "dwelling" for regulation by this chapter.
A facility offering temporary (generally for periods of two
weeks or less) lodging accommodations to the public, typically based
on daily or weekly rentals. Rooms in the facility shall not be used
as a principal residence.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247[3] as enacted and amended.
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 development. Two-family dwellings in a multifamily project
are considered townhouses.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the engineer for the municipality.
Jim Thorpe Borough, Carbon County, Pennsylvania.
See "pipelines and associated facilities."
An establishment dispensing food and drink and in which music,
dancing, or entertainment is an integral and significant part of the
operation.
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, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use. The business or commercial activity must satisfy
the following requirements as set forth in § 107 of the
Pennsylvania Municipalities Planning Code:
The business activity shall be compatible with the residential
use of the property and surrounding residential uses.
The business shall employ no other employees other than family
members residing in the dwelling.
There shall be no display or sale of retail goods and no stockpiling
or inventory of a substantial nature.
There shall be no outside appearance of a business use, including,
but not limited to, parking, signs, or lights.
The business activity shall not use any equipment or process,
which creates noise, vibration, glare, fumes, odors or electrical
or electronic interference, including interference with radio or television
reception, which is detectable in the neighborhood.
The business activity shall not generate any solid waste or
sewage discharge, in volume or type, which is not normally associated
with residential use in the neighborhood.
The business shall be conducted only within the dwelling and
may not occupy more than 25% of the habitable floor area.
The business shall not involve any illegal activity.
See Article IX.
See "public nuisance."
The growing, cultivation, storage, and sale of garden plants,
flowers, trees, and shrubs.
See "garden center."
See "personal care home."
Any use of or activity upon premises; or holding real property
by being in possession.
A facility licensed pursuant to the provisions of the Racehorse
Reform Act[4] for gaming authorized at a nonprimary location pursuant
to the provisions of the Racehorse Reform Act. Considered a "gaming
establishment" for regulation by this chapter.
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.
The Official Zoning Map of Jim Thorpe Borough, Carbon County,
Pennsylvania.
The well site preparations, well site construction, drilling,
hydraulic fracturing and/or site restoration associated with an oil
and/or gas well of any depth; water and other fluid storage, impoundment
and transportation used for such activities; and the installment and
use of all associated equipment, including tanks, meters and other
equipment and structures whether permanent or temporary; and the site
preparation construction, installment, maintenance and repair of oil
and gas pipelines and associated equipment and other equipment and
activities associated with the exploration for, production and transportation
of oil and gas, other than compressor stations and natural gas processing
plants or facilities performing the equivalent functions, that operate
as midstream facilities and which are only authorized consistent with
this chapter as a conditional use.
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.
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 390 (Subdivision and Land Development).
Open space that is part of a specific conservation design
subdivision development tract set aside for the use and enjoyment
of residents of such development.
Open space that is part of a 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/township, or it may contain areas of farmland or forest
land which are not accessible to project residents or the public.
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.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to apply for
the development or use of land.
The Pennsylvania Department of Environmental Protection.
The Pennsylvania Department of Transportation.
See "lot."
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.
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."
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.
A parking area available to the public, with or without payment
of a fee.
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.
A temporary storage area for a motor vehicle that is located
on a public or private street right-of-way.
A surfaced area or courtyard or a deck less than one foot
aboveground elevation designed for outdoor living purposes as an accessory
use to a structure, which shall be completely unenclosed except for
any side which may adjoin a structure or for any fences or walls less
than four feet in height, shrubs or hedges. Outdoor areas which are
screened or enclosed by a roof or awning shall be considered a structure.
See "porch."
A business which offers loans in exchange for personal property
as equivalent collateral. If the loan is repaid in the contractually
agreed time frame, the collateral may be repurchased at its initial
price plus interest. If the loan cannot be repaid on time, the collateral
may be liquidated by the shop. Considered a "retail business" for
regulation by this chapter.
A permanent foundation which meets the requirements of the
Uniform Construction Code.
A document issued by the proper authority which authorizes
the applicant to undertake certain activities in compliance with all
the applicable codes and ordinances.
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.
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 Uniform Construction Code.
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.
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.
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, fish, and
miniature and similar pigs. Pet does not include livestock, small
animals and fowl, and any other animal prohibited by Borough ordinance.
DISTRIBUTION PIPELINEA natural gas pipeline other than a gathering or transmission line (reference 49 CFR 192.3). A distribution pipeline is generally used to supply natural gas to the consumer and is found in a network of piping located downstream of a natural gas transmission line.
GASNatural gas, flammable gas, or gas which is toxic or corrosive. (Reference 49 CFR 192.3) Gases are normally compared to air in terms of density. The specific gravity of air is 1.0. Any gas with a specific gravity less than 1.0 (such as natural gas) will rise and usually disperse. Any gas having a specific gravity greater than 1.0 will fall and collect near the ground or in low lying areas such as trenches, vaults, ditches, and bell holes - such occurrences can be hazardous to human health and safety.
GAS TRANSMISSION PIPELINEA pipeline, other than a gathering line, that 1) transports gas from a gathering line or storage facility to a distribution center, storage facility, or large-volume customer that is not downstream from a distribution center; 2) operates at a hoop stress of 20% or more of specified minimum yield strength; or, 3) transports gas within a storage field. (Reference 49 CFR 192.3) A gas transmission pipeline includes all parts of those physical facilities through which gas moves in transportation, including pipe, valves, and other appurtenance attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies.
HAZARDOUS LIQUIDIncludes petroleum, petroleum products, anhydrous ammonia, and carbon dioxide. (Reference 49 CFR 195.2)
HAZARDOUS LIQUID PIPELINEAll parts of a pipeline facility through which hazardous liquids move in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and including fabricated assemblies, and breakout tanks.
INSTITUTIONAL USEA nonprofit, religious, or public use, such as a religious building, library; public or private school, hospital, or government-owned or government-operated building, structure, or land used for public purpose.
PETROLEUM PRODUCTSFlammable, toxic, or corrosive products obtained from distilling and processing of crude oil, unfinished oils, natural gas liquids, blend stocks and other miscellaneous hydrocarbon compounds.
PIPELINEUsed broadly, pipeline includes all parts of those physical facilities through which gas, hazardous liquid, or carbon dioxide moves in transportation.
PIPELINE COMPRESSOR STATION, METERING STATION OR OPERATION/MAINTENANCE FACILITIESA 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, dehydrate, 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 also includes utility transfer stations which are owned, operated, and maintained by the local natural gas utility and mark the point at which it assumes official control of the gas. 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.
PIPELINE CORRIDORThe linear area where a transmission pipeline or hazardous liquid pipeline and associated facilities are located, including rights-of-way and easements over and through public or private property.
TRANSMISSION PIPELINEWhen not specified includes both hazardous liquid and gas transmission pipelines. Transmission pipelines carry oil, petroleum products, natural gas, natural gas liquids, anhydrous ammonia, and carbon dioxide from producing regions of the country to markets.
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.
A commercial operation equipped with machinery for cutting,
finishing, or molding lumber after it has been through a sawmill and
is seasoned.
The Planning Commission of Jim Thorpe Borough, Carbon County,
Pennsylvania.
A map or plan of a subdivision or land development, whether
preliminary or final.
See "lake or pond."
An extension of a building, consisting of an area more than
four feet by five feet, or 20 square feet, attached at any front,
side or rear door, at any level or story of the building. Porches
may be covered or uncovered, but they must be unenclosed except for
screens to prevent the intrusion of insects.
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.
Any lot, parcel or tract of land, and any building constructed
thereon.
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.
A use allowed in a specific zoning district which may be
approved by the Zoning Officer provided the application complies with
all requirements of this chapter.
The primary or predominate use(s) of a lot.
Something owned, operated, and supported by private individuals
or a corporation, rather than by government and not available for
public use.
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.
A recorded boundary of a lot. However, any property line
which abuts a street or other public or quasi-public way shall be
measured from the right-of-way of such street, or public or quasipublic
way.
See "brewery/distillery/winery pub" and "tavern."
Something owned, operated, and supported by a government
or government agency for the use or benefit of the public.
Any structure, building or use owned and operated by a government
body or agency including such things as public schools, parks, civic
centers, municipal buildings; but excluding solid waste disposal facilities,
institutional uses, nursing homes, hospitals, and other uses specifically
defined by this chapter.
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 acting in accord with the Pennsylvania
Municipalities Planning Code.[6]
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.
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.
A condition or situation that results in an interference
with the enjoyment and use of real estate, an unreasonable interference
with a right common to the general public, an activity that threatens
the public health, safety or welfare, or does damage to community
resources, and/or as may otherwise be defined by Pennsylvania law.
An individual authorized to prepare plans pursuant to § 503(1)
of the Pennsylvania Municipalities Planning Code 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," 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," 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.
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.
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 theaters, public parks and playgrounds.
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 buildings
and uses."
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.
See "campground or RV park."
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; bi-metal 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.
A center for the collection and/or processing of recyclables.
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 shall
be considered a "junkyard" or "solid waste facility" as regulated
by this chapter.
A facility that provides short-term, primarily in-patient
care, treatment, and/or rehabilitation services for persons recovering
from illness or injury who do not require hospitalization.
See "family."
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.
The reconstruction or renewal of any part of an existing
building for its maintenance. See also "addition" and "alteration."
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 concepts and ideas, to determine physical
layouts, material flows, type of equipment required, costs, and to
secure other information prior to full-scale production.
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.
Occupancy of a dwelling, generally for periods of more than
30 days as opposed to temporary visits to bed-and-breakfast establishments,
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.
A business combining lodging, eating and recreational facilities
for lodgers and/or nonlodgers as a single enterprise offered to the
public at large or any segment thereof, not including bed-and-breakfast
establishments, campgrounds, recreational vehicle parks or manufactured
housing parks. Amenities may include conference centers, retail sales,
spas, beauty salons, barber shops, restaurants, indoor and outdoor
recreational facilities, health centers, day care centers, facilities
for commercial special events, and employee living quarters.
A processing facility that provides for the extraction and
utilization of materials or energy from municipal waste (as defined
by PA Code Title 25, § 271.1).
The term includes a facility that mechanically extracts materials
from municipal waste, a combustion facility that converts the organic
fraction of municipal waste to usable energy and a chemical and biological
process that converts municipal waste into a fuel product.
The term includes a facility for the combustion of municipal
waste that is generated offsite, whether or not the facility is operated
to recover energy.
The term includes land affected during the lifetime of operations,
including, but not limited to, areas where processing activities actually
occur, support facilities, borrow areas, offices, equipment sheds,
air and water pollution control and treatment systems, access roads,
associated on-site or contiguous collection, transportation and storage
facilities, closure and post-closure care and maintenance activities
and other activities in which the natural land surface has been disturbed
as a result of or incidental to operation of the facility.
The term does not include:
A composting facility as defined in this § 500-12.
Methane gas extraction from a municipal waste landfill.
A recycling facility as defined in this § 500-12, an accessory drop-off point or collection center for recycling, or a source separation or collection center for composting leaf waste.
Any part of a food establishment located outdoors with or
without a canopy, 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.
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.
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.
An establishment engaged in selling goods or merchandise
to the public for personal or household consumption and rendering
services incidental to the sale of such goods.
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 10,000 gallons. Any such establishment
where the storage of fuel on the site exceeds a combined total of
10,000 gallons shall be considered a "bulk fuel storage facility."
A solid or integrated vertical structure exceeding four feet
in height designed for the separation or retention of varying ground
levels.
See "youth or adult camp/retreat."
Land reserved for use as an access, street, drainage facility
or other private, public or community use.
The outside top covering of a building.
 |
See "boarding or lodging house."
See "dwelling, townhouse."
Apparatus designed for transmitting radio energy to satellites
or receiving it from satellites and including any attached mountings
or brackets.
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.
An educational institution that primarily provides state-required
or largely state-funded educational programs. This term shall not
include trade schools.
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.
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.
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.
A building or use operated by nonprofit, community-based
organizations for the general use of residents, including churches,
fire houses, 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.
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 and similar uses, and which is not otherwise listed
as a use in the Schedule of Uses.[7]
The required minimum open space measured from the street
right-of-way 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."
 |
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."
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 illustration. See
also "yard" and "lot line."
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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."
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 Borough, whichever may be more stringent.
Any structure designed to biochemically treat sewage within
the boundaries of an individual lot from one individual dwelling or
other type unit.
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.
A detached accessory structure used for the storage of tools,
minor equipment, and materials, but too small for the storage of an
automobile.
Any area of land which is used for hunting of animals where
a fee or other consideration is charged.
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.
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.
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.
Any dwelling unit within a residential dwelling or mixed
use structure rented for overnight lodging for a period of not less
than one day and not more than 30 days typically, but not exclusively,
for use by tourists or nonresident individuals temporarily employed
or staying in the area. A short-term rental shall not include a bed-and-breakfast,
hotel and/or a motel.
See Article X.
See "dwelling, single family."
A use involving the killing of animals to produce 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 slaughterhouse.
"Slaughterhouse" shall not include a custom butcher shop that does
not involve killing of animals which is considered a "retail establishment."
The change in elevation over a horizontal distance usually
expressed in percent. See "grade."
Rabbits, bees, insects, chickens, turkeys, ducks, geese,
pheasants, pigeons, and any other similar animal.
See "meeting, assembly, or banquet hall."
A property owner's right to have sunlight shine on the
owner's land.
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.
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.
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.
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 and active solar systems.
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.
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.
Any facility or operation 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.
By-products, expended material, and material that is abandoned
or disposed or is otherwise discarded and all of which may include
solid, liquid, semisolid or contained gaseous material generated by
or otherwise resulting from municipal, residential, commercial, industrial,
institutional, mining or agricultural operations or establishments
and from community activities. Specific types of waste are those as
defined in the Pennsylvania Solid Waste Management Act, 35 P.S. § 6018.101
et seq. The term "solid waste" does not include materials that are
directly recycled or reused on-site in an ongoing manufacturing or
generating process without treatment, processing, or release into
the environment; nor does it include materials from the slaughter
and preparation of animals which are used as raw materials in the
production or manufacture of products.
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. Considered a "solid waste facility"
for regulation by this chapter.
A type of solid waste facility which receives and processes
or temporarily stores solid waste at a location other than the generation
site, and which facilitates the transportation or transfer of the
waste to a processing or disposal facility.
See "fraternity house."
A use in a particular zoning district to be allowed or denied
by the Zoning Hearing Board pursuant to public notice and hearing
as authorized by § 603(c)(1) of the Municipalities Planning
Code.
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 public for riding or other purposes.
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.
Any area where equipment, vehicles, supplies and/or other
material are assembled or stored for the support of another operation
or use located at a different site.
The Commonwealth of Pennsylvania and its agencies.
A receptacle such as a wooden or metal box or a trailer of
a tractor trailer with wheels removed in which raw materials, products
or other items are stored. (e.g., a POD).
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.
That portion of a building included between the upper surface
of a floor and the upper surface of the floor or roof next above.
See "basement."
A natural watercourse. See "watercourse."
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. For the classification of streets see Chapter 390 (Subdivision and Land Development).
The line dividing a lot from the full street right-of-way,
not just the cartway.
See "alteration."
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
Any structure, the use of which requires permanent location
on the ground, or attachment to something having a permanent location
on the ground.
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.
Any structure that is erected for the limited period specified
in the zoning permit.
An establishment or workspace 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.
The production of radio, television, or movies.
The teaching of dance, acting, martial arts and similar training
activities.
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.
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. If the swimming pool can hold more than 1 1/2 feet of water, it is regulated by § 500-28E. Farm ponds and/or lakes are not included if swimming was not the primary purpose for their construction.
An establishment engaged in any of the following:
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.
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.
The cutting or tearing of human skin for the purpose of creating
a permanent mark or design on the skin.
The use of heat, cold, or any chemical compound to imprint permanent
markings on human skin by any means other than tattooing.
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.
A period of less than 180 consecutive days unless otherwise
specified by this chapter.
A building erected on a lot for temporary use in conjunction
with construction on that lot.
A raised level or platform of earth, supported on one or
more faces by a wall, a bank of turf, or the like, or a series of
such raised levels or platforms arranged one above the other on a
slope.
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.
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.
A dwelling with 400 square feet or less in floor area, excluding
lofts (as defined by the International Residential Code.) For the
purposes of this chapter, a tiny house is considered a single-family
detached dwelling.
A group of buildings, including either separate cabins or
a row of cabins, which contain living and sleeping accommodations
for transient occupancy and have individual entrances.
See "dwelling, townhouse."
A parcel, site, piece of land, or property that is the subject
of a development application.
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.
Occupancy, use or possession of a dwelling unit by persons
other than the owner(s) or tenant(s) with a lease for 30 consecutive
days or more, of that dwelling unit, and/or the family of such owner(s)
or tenants for a period of less than 30 consecutive days; but excluding
temporary stays by unrelated individuals who are guests of such owners/tenants
or the family of such owners/tenants, without the payment of any type
of compensation or other remuneration.
A temporary home for court adjudicated individuals or 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.
See "pipelines and associated facilities."
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.
A single or one-way motor vehicle movement either to or from
a subject property or study area.
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The measure of the number of vehicles or passenger movements
that are or will be made between geographic areas.
The total of single or one-direction vehicle movements entering
and leaving a specified land use or site over a designated period.
The total number of vehicle trip ends produced by a specific
land use or activity.
See "travel plaza."
See "distribution center/truck terminal."
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.
See "dwelling, two family."
A farm that provides opportunity for customers to pick their
own fruits or vegetables directly from the plant.
The specific purpose for which land or a building is designed,
arranged, intended, or for which land is or may be occupied or maintained.
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.
See "short-term rental."
The enhancement or improvement of the overall value of an
agricultural commodity or of an animal or plant product to a higher
value. The enhancement or improvement includes, but is not limited
to, marketing, agricultural processing, transforming, and packaging
that relate to agriculture or agricultural products.
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.
An establishment which rents vehicles and/or equipment to
the 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.
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.
The use of any building, land area or other premise for the
display and sale of new and used automobiles of operable condition;
panel trucks or vans; manufactured houses 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 described
above (excluding parts and repairs) shall be considered a vehicle
and equipment sales operation.
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.
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.
See "fence or wall."
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.
See "solid waste or waste."
See "solid waste or waste facility."
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.
A system for supplying and transmitting drinking water to
a single dwelling or other use from a source located on the same lot.
Any natural or manmade freshwater pond, lake, or stream.
This shall not include any pond or facility designed and constructed
solely for storm water management.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
A graded pad designed and constructed for the drilling of
one or more oil and/or gas wells.
Those areas that are inundated or saturated by surface 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.
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.
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.
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.
The propeller or blades, plus the hub to which the propeller
or blades are attached, used to capture wind for 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.
The distance measured from the surface of the tower foundation
to the highest point of the turbine rotor plane.
The distance measured from the surface of the lower foundation
to the height of the wind turbine hub, to which the blade is attached.
A wind energy conversion system that converts wind energy
into electricity using 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.
An establishment with facilities for fermenting and bottling
wine which does not meet the definition of a "winery, farm." Considered
"agricultural products processing" for regulation by this chapter.
See "brewery pub/distillery pub/winery pub."
An establishment located on a farm with a producing vineyard,
orchard, or similar growing area and producing wine on the premises
from grapes or other fruit grown primarily on the premises. It may
include tasting of wine produced on the premises; retail sales of
wine related items and gifts, books, souvenirs, specialty items relating
to history, original and handmade arts and products, collectibles,
crafts, and floral arrangements; and a restaurant or restaurant, outdoor
not involving any drive-in/stand use.
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. The definition does not include the
following which are not appropriate subjects of this chapter:
Industrial, scientific, and medical equipment as regulated by
the Federal Communications Commission in 47 CFR 18.
Military and government radar antennas and associated communication
towers used for navigational purposes as regulated by 47 CFR 87.
Amateur (ham) and citizen band transmitting and receiving antennas
and associated communication towers as regulated by 47 CFR 97 and
47 CFR 95.
Radio transceivers normally hand-held or installed in a vehicle,
such as an automobile, truck, trailer, or watercraft.
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 15.
Privately owned antennas for receiving commercial television
or radio serving a dwelling.
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 in this § 500-12.
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.
Any pole, telescoping mast, tower, tripod, or any other structure
which is constructed to supports a wireless communications antenna
array.
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 like
a support structure, such as a light pole, power pole, or component
of a building or a tree.
The importing of trees or other wood from any property to
any another property for producing wood chips. This may include the
storage of the cut trees and wood chips, and customers on the site
to purchase wood chips, but no other retail sales. This shall not
include the cutting by a property owner of trees growing on his property
for wood chip production or the temporary production of wood chips
accessory to a timber harvest. Considered "agricultural products processing"
for regulation by this chapter.
The area between the principal structure(s) and the adjoining
lot line or right-of-way. See also "setback."
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.
A parcel or parcels of land with lodging facilities where
transient clientele participates in organized recreation, receive
instruction or training, or are afforded peace, quiet, privacy or
security.
The Zoning Hearing Board of Jim Thorpe Borough, Carbon County,
Pennsylvania.
The Official Zoning Map of Jim Thorpe Borough, Carbon County,
Pennsylvania.
The administrative officer charged with the duty of enforcing
the provisions of this chapter.
See "permit."
A collection of animals which are maintained in a park by
an educational, nonprofit, or governmental entity.
