[Amended 4-20-2009 by Ord. No. 3-2009; 7-6-2009 by Ord. No.
4-2009; 6-21-2010 by Ord. No. 3-2010; 4-4-2011 by Ord. No. 2-2011; 12-2-2013 by Ord. No. 5-2013]
The following rules of construction shall apply to this chapter:
A.Â
For the purpose of this chapter, certain terms and words are herein
defined. Whenever used in this chapter, they shall have the meaning
indicated in this article, except where there is indicated in context
different meaning.
B.Â
The particular shall control the general.
C.Â
The words "shall" and "must" are mandatory and not discretionary.
The word "may" is permissive.
D.Â
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.Â
The phrase "used for" includes "arranged for, designed for, intended
for, and/or occupied for."
F.Â
The word "person" includes "individual," "profit or nonprofit organization,"
"partnership," "company," "unincorporated association," "corporation,"
or other similar entities.
When terms, phrases, or words are not defined, they shall have
the meanings as defined in the latest Illustrated Book of Development
Definitions (H.S. Moskowitz and C.G. Lindbloom, Rutgers, The State
University of New Jersey, 2004), or, if not defined therein, they
shall have their ordinarily accepted meanings or such as the context
may imply.
For the purpose of this chapter, the following words, terms
and phrases have the meaning herein indicated:
Any unregistered, unlicensed or abandoned automobile, truck,
trailer, motorcycle, bus, farm machinery, or other motor vehicle which
is partially dismantled, or wrecked or junked, or held or stored for
scrap or for salvage. "Junk vehicle" shall not mean any motor vehicle
classified as an antique motor vehicle by the Motor Vehicle Code of
the State of Pennsylvania (75 Pa.C.S.A. § 101 et seq.).
See "domestic violence shelter."
A type of drive permitted by Chapter 187, Subdivision and Land Development, to serve a residential lot which does not have frontage on a public or approved private road.
One combined entrance/exit point, or one clearly defined
entrance point separated from another clearly defined exit point.
This term shall not include access ways or driveways that are strictly
and clearly limited to use by only emergency vehicles; such accesses
are permitted by right as needed.
A use of land or of a structure, or portion thereof, customarily
incidental and subordinate in extent or purpose to the principal use
of the land or building and located on the same lot with such principal
use. A portion of a principal building used for an accessory use shall
not be considered an accessory structure.
An extension or increase in floor area or height of a building
or structure. See also "alteration" and "repair."
The tract area remaining when the specified constrained land
has been deducted from the gross tract acreage; ATA is used to calculate
both density and open space.
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, video cassettes, slides, or other photographic reproductions
in which a substantial portion of the total presentation time is devoted
to the showing of material that is characterized by an emphasis upon
the depiction or description of specified sexual activities or specified
anatomical areas, or where any specified sexual activities are conducted
for economic gain or any other form of consideration.
Any of the following as defined in this Part 3:
Additional definitions associated with adult business include:
Adult arcade. Any place to which the public is permitted or
invited wherein coin-operated or token-operated or electronically,
electrically or mechanically controlled still- or motion-picture machines,
projectors, or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of specified sexual activities or specified
anatomical areas. An adult arcade shall be considered an adult business
for regulation by this chapter.
Adult bookstore or adult video store.
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.
Adult live entertainment use or facility.
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.
Adult motel:
A hotel, motel or similar commercial establishment which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, video cassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas.
Offers sleeping rooms 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 theater. A commercial establishment where,
for any form of consideration, films, motion pictures, video cassettes,
slides, or similar photographic reproductions are regularly shown
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas. An adult motion-picture
theater shall be considered an adult business for the purpose of this
chapter.
Adult theater. A theater, concert hall, auditorium, or similar
commercial establishment which regularly features persons who appear
in a state of nudity or live performances which are characterized
by the exposure of specified sexual activities or specified anatomical
areas. An adult theater shall be considered an adult business for
regulation by this chapter.
Escort. A person who, for consideration, agrees or offers to
act as a companion, guide, or date for another person, or who agrees
or offers to privately model lingerie or to privately perform a striptease
for another person.
Escort agency. A person or business association or establishment
which furnishes, offers to furnish, or advertises to furnish escorts
as one of its primary business purposes for a fee, tip, or other consideration.
An escort agency shall be considered an adult business for regulation
by this chapter.
Massage. Pressing, squeezing, stretching, or stimulating the
face, scalp, neck, limbs, or other parts of the human body with or
without cosmetic preparation, either by hand, or with mechanical or
electrical appliances.
Massage parlor. A person or business association or establishment
which furnishes, offers to furnish or advertises to furnish as one
of its primary business purposes, for a fee, tip or other consideration,
a massage which involves the exposure of any specified anatomical
areas. A massage parlor shall be considered an adult business for
regulation by this chapter.
Nude model studio. Any place, which is not excepted by § 215-42, where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. A nude model studio shall be considered an adult business for regulation by this chapter.
Nudity or a state of nudity. The showing of the human male or
female genitals or pubic area with less than a fully opaque covering,
or the showing of the female breast with less than a fully opaque
covering or any portion thereof below the top of the areola.
Obscene materials. Any literature, book, magazine, pamphlet,
newspaper, paper, comic book, drawing, photograph, figure, image,
motion picture, sound recording, article, instrument or any other
written or recorded matter which depicts or describes, any specified
sexual activities and/or specified anatomical areas.
Sexual encounter center. A business or commercial enterprise
that, as one of its primary business purposes, offers for any form
of consideration activities between male and female persons and/or
persons of the same sex when one or more of the persons is in a state
of nudity or seminudity. A sexual encounter center shall be considered
an adult business for regulation by this chapter.
Specified anatomical areas. Any of the following:
Specified sexual activities. Any of the following:
See "nursing home."
A movable sign consisting of two faces connected and hinged
at the top.
[Added 5-5-2014 by Ord.
No. 3-2014]
A use that permits the consumption of alcoholic beverages
by five or more unrelated persons between the hours of 2:00 a.m. and
6:00 a.m. and that involves some form of monetary compensation paid
by such persons for the alcohol or for the use of the premises.
Any person other than the owner who, acting for the owner,
submits an application for the purpose of obtaining approval in accordance
with this chapter.
An enterprise that is actively engaged in the commercial
production and preparation for market of crops, livestock and livestock
products and in the production, harvesting and preparation for market
or use of agricultural, agronomic, horticultural, silvicultural and
aquacultural crops and commodities. The term includes an enterprise
that implements changes in production practices and procedures or
types of crops, livestock, livestock products or commodities produced
consistent with practices and procedures that are normally engaged
in by farmers or are consistent with technological development within
the agricultural industry. It includes necessary structures within
the limits of the parcel and the storage of equipment necessary for
production. It excludes agricultural products processing operations;
riding academies, livery or boarding stables and dog or other animal
kennels.
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.
Any activity carried out on a working agricultural operation,
such as a farm, orchard or vineyard, that allows members of the general
public, for recreational, entertainment, or educational purposes,
to view or enjoy rural activities directly related to or part of the
agricultural operation, including farming, wineries, historical, cultural,
harvest-your-own activities, or natural activities and attractions.
An activity is an agritourism activity whether or not the participant
paid to participate in the activity.
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 rears 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 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.
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.
An establishment or work space for the creation, manufacture,
and/or preparation of individually crafted art work, jewelry, furniture,
sculpture, pottery, art photography, leather craft, hand-woven articles,
and related items; it may also include the sale, loan, or display
of such items.
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.
Non-living space in or above a dwelling, unheated, with head
space of less than 6.5 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 for the custody, loan, exchange or issue
of money, for the extension of credit, and for facilitating the transmission
of funds.
An enclosed floor area partly or wholly below the finished
grade with at least 1/2 of its floor to finished height above the
average level of the adjoining finished grade, and with a floor-to-ceiling
height of not less than 6Â 1/2 feet. A basement shall be counted
as a story for the purpose of the building height measurement if the
vertical distance between the ceiling and the average level of the
adjoining ground is more than five feet or if it is used for business
or dwelling occupancy or storage purposes and not solely for heating,
mechanical and similar equipment. See "cellar."
An owner- or operator-occupied single-family dwelling in
which transient visitors to the area are lodged for compensation,
meals for lodging guests may or may not be included, and no cooking
facilities are provided in any rental room.
An establishment with the principal use of playing cue sports,
such as pool, snooker or carom billiards.
An operation which combines asphalt or bituminous materials
and aggregates and heat to manufacture a bituminous seal coat or bituminous
concrete product. Considered mineral processing for the purposes of
this chapter.
A tract of land, a lot or groups of lots, bounded by streets,
public parks, watercourses, municipal boundary lines, unsubdivided
land or by any combination of the above.
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.
The Borough of Mount Pocono, Monroe County, Pennsylvania.
The Borough Council of the Borough of Mount Pocono, Monroe
County, Pennsylvania.
Any building, structure, service or use under the jurisdiction
of the Borough of Mount Pocono, Monroe County, Pennsylvania.
A restaurant or tavern, as defined herein, that includes
as an accessory use the brewing of malt beverages of alcoholic and/or
nonalcoholic content which produces less than 15,000 gallons of malt
beverages per year. (See also "microbrewery.")
A facility for the production and packaging of malt beverages
of alcoholic and/or nonalcoholic content for retail or wholesale distribution,
on or off the premises, and which produces 15,000 gallons or more
of malt beverages per year. Considered agricultural products processing
for the purposes of this chapter. (See also "microbrewery.")
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.
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The area of land immediately adjacent to any wetland, lake,
pond, vernal pond, or stream, measured perpendicular to and horizontally
from the delineated edge of the wetland, lake, pond, or vernal pond,
or the top-of-bank on both sides of a stream, to provide separation
from an intensive land use area (e.g., subdivision, farm) and minimize
sediment and other pollutant loading; also referred to as "filter
strips," "vegetated filter strips," "and grassed buffers."
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, 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 average vertical distance from finished grade at the
front and rear of the building to the top of the highest roof beams
on a flat or shed roof, to the deck level on a mansard roof, and the
average distance between the eaves and the ridge level for gable,
hip, and gambrel roofs, not including chimneys, spires, elevator shaft
extensions, mechanical appurtenances, and similar projections.
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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.
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.
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.
An enterprise, exchange of money, contract, occupation, trade
or profession undertaken, either continuously or temporarily, for
profit. The term "business" shall include the occupancy or use of
a building or premises or any portion thereof for the transaction
of a business or the rendering or receiving of professional or personal
service.
A parcel or parcels of land with lodging facilities where
transient clientele participate in organized recreation, receive instruction
or training, or are afforded peace, quiet, privacy or security.
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 to be part of that building.
The portion of a street right-of-way paved or unpaved intended
for vehicular use, including the travel way and shoulders.
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 6Â 1/2 feet. See "basement."
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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 Borough stating that a newly constructed
or altered building, structure, and/or use complies with this chapter
and the Uniform Construction Code and may be lawfully used.
Any conversion of a use from one use as regulated by this
chapter to a different regulated use.
The physical device that provides a connection from a power
source to an electric vehicle.
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.
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.
An area of land or building used by a nonprofit civic, social,
fraternal, religious, political, labor union, or educational association
of persons (established via a meaningful and substantial membership
system as opposed to a token system) to pursue common goals, interests,
or activities usually with the payment of fees and dues, regular meetings,
and a charter and bylaws. "Club/lodge, private" shall not include
commercial recreation clubs, such tennis or racquetball clubs, or
any other use which is specifically defined by this chapter.
An educational institution authorized by the state to award
associate, baccalaureate, or higher degrees.
Any structure, antenna, equipment, cabinet or other device
which is intended for commercial or governmental use in transmitting
or receiving wireless television, radio, telephone or other electronic
communications, including internal or agency communications, but excluding
the following which are not appropriate subjects of this chapter.
Industrial, scientific and medical equipment as regulated by
the Federal Communications Commission in 47 CFR Part 18.
Military and government radar antennas and associated communications
towers used for navigational purposes as regulated by 47 CFR Part
87.
Amateur (ham) and citizen band transmitting and receiving antennas
and associated communication towers as regulated by 47 CFR Part 97
and 47 CFR Part 95.
Radio transceivers normally handheld 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 Part 15.
Privately owned antennas for receiving commercial television
or radio serving a dwelling.
Towers and equipment used exclusively for emergency services
or government communications.
Any pole, telescoping mast, tower, tripod, or any other structure
which supports a commercial communication device.
The vertical distance measured from the base of the support
structure at average grade to the highest point of the structure,
including antennas.
The Planning Commission of the Borough of Mount Pocono, Monroe
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 are not required by the
Borough but have been constructed as part of a development for the
common use and enjoyment of the residents of that development, including,
but not limited to, community centers, recreation buildings and structures,
and administrative and maintenance buildings.
See "property owners' association."
The Coolbaugh Township, Borough of Mount Pocono, Tobyhanna
Township, and Tunkhannock Township Regional Comprehensive 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.
A facility in which materials (portland cement, aggregates,
water, admixtures) are combined by a central mixer to produce concrete
for transportation to and use at another site, and shall include customary
accessory uses, including offices, maintenance and storage garages,
material storage facilities, equipment and truck storage areas, scales,
conveyors, water storage and heating facilities, stormwater management,
sediment basins, concrete recycling/reclamation equipment and other
uses customarily necessary to produce, sell and transport mixed concrete.
Considered mineral processing for regulation by this chapter.
A use in a particular zoning district to be allowed or denied
by the Borough Council pursuant to public notice and hearing and recommendation
of the Borough Planning Commission as authorized by § 603(c)(2)
of the Municipalities Planning Code.[1]
A building, or group of buildings, in which dwelling units,
offices, or floor area are owned individually and the structure, common
areas, and facilities are owned by all the owners on a proportional,
undivided basis.
A facility used for conferences and seminars, with accommodations
for sleeping, food preparation and eating, recreation, entertainment,
resource facilities, meeting rooms, fitness and health center, and
retail stores and services primarily for conference center guests.
Those areas of a development tract which are comprised of
environmentally sensitive lands on which development is minimized.
Those areas of a development tract which are somewhat less
sensitive than primary conservation areas and which may be critical
to the effect the development will have on both the natural environment
and the character of the community.
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 limited development
(e.g., a residential structure) and other compatible uses, such as
agriculture and forestry.
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 for the storage of equipment, vehicles and supplies.
A retail establishment of up to 5,000 square feet selling
prepackaged food products, household items, newspapers and magazines,
candy, and beverages, a limited amount of freshly prepared foods,
such as sandwiches and salads, for off-premises consumption, self-service
fuel or other goods commonly associated with the same.
A subdivision designed at the dwelling unit density specified
in this chapter where individual lot reduction is not permitted.
An enclosure for confining livestock and which is typically
attached to or situated in close proximity to a stable or barn as
contrasted to a pasture.
A public or private facility used to house and/or rehabilitate
adults or juveniles detained, sentenced or adjudicated delinquent
by the criminal justice system, including, but not limited to, jails,
prisons, penitentiaries, reformatories, halfway houses, transitional
living facilities, juvenile detention facilities, and similar facilities.
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 Monroe, Commonwealth of Pennsylvania.
The Planning Commission of Monroe County, Pennsylvania.
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
the purpose of building height measurement or determining the gross
floor area of a building.
A furnace or a building or part thereof used for the incineration
of human or animal corpses.
An agricultural use involving the use of land for the raising
of cultivated plants or agricultural produce, such as grain, vegetables,
silage, or fruit. The definition excludes commercial greenhouses and
commercial nurseries as defined by this chapter.
An operation which processes minerals or other materials
and crushes them to various sizes for the purpose of resale or use.
Considered mineral processing for regulation by this chapter.
A public or nonprofit operated building open to the public
which contains exhibits of a cultural interest, such as a museum,
art gallery, nature center, library, etc. Considered a public or semi-public
facility or use for regulation by this chapter.
A facility which cares for seven or more children or adults
for periods of less than 24 hours per day at any hours of any day
of the year.
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 elevated more
than six inches and constructed 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, stormwater 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 187, Subdivision and Land Development, including a plat of the subject parcel and any subdivision, locations of various uses, and all covenants relating to uses, locations and sizes of buildings and other structures, intensity of use or density of development, streets, ways, parking facilities, common open spaces, and public facilities.
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.
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
in order to protect their physical or psychological welfare.
Any portable outdoor container intended or used for the collection
and storage of unwanted textile and household items, such as clothing,
toys, books, and shoes, which are removed from the container on a
periodic basis.
[Added 6-6-2016 by Ord.
No. 2-2016]
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.
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.
See "theater, drive-in."
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.
See "landfill" and "solid waste facility."
A structure or portion thereof which is used exclusively
for human habitation.
A dwelling unit in conjunction with a nonresidential use.
One or more rooms, designed, occupied, or intended for occupancy
as separate living quarters, with cooking, sleeping, and sanitary
facilities provided within the dwelling unit for the exclusive use
of a single family maintaining a household. Any part of a dwelling
structure which is not connected with full unrestricted access to
all other parts of the dwelling structure is considered a separate
dwelling unit.
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.
(See also "multifamily project.") A building or buildings
designed for occupancy by three or more families living independently
of each other in separate dwelling units. The term "multifamily dwelling"
shall include condominium as well as non-condominium housing units
including the following construction types:
TOWNHOUSEA dwelling unit located in a multifamily dwelling not exceeding 2Â 1/2 stories or 35 feet in height in which each unit has its own front access to the outside and may have a rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
GARDEN APARTMENT BUILDINGA multifamily dwelling structure, originally designed as such, containing three to 10 dwelling units and not exceeding 2Â 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.
APARTMENT BUILDINGA multifamily dwelling, originally designed as such, containing three or more apartment units which is more than 2Â 1/2 stories but not exceeding the height limitations (in feet) of this chapter.
RESIDENTIAL CONVERSION TO APARTMENTThe conversion of an existing single-family detached dwelling into three to five dwelling units.
DETACHEDA building containing one dwelling unit that is not attached to any other dwelling by any means and is surrounded by open space or yards.
SEMIDETACHEDA single-family dwelling unit that is attached to one other single-family dwelling unit by a common vertical wall with each dwelling located on a separate lot.
LOT LINEA single-family, detached dwelling on an individual lot, with the building set on, or close to, one side property line, so that the lot essentially has only one side setback. This side setback and the rear setback constitute the primary outdoor living areas for the dwelling. Typically, no windows are placed in the building wall that is on the lot line. If the building is set on the lot line, a five-foot easement is provided on the adjacent property along the lot line for necessary access and maintenance of the building wall.
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A building containing two dwelling units either attached
side by side through the use of a vertical party wall and having one
side setback adjacent to each dwelling unit; or upstairs/downstairs
units. (See also "multifamily project for two-family dwellings" in
"multifamily project.")
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.
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 within the boundaries of any
adjacent land, right-of-way street, setback, watercourse or public
or reserved ground shown or laid out on any official map, Borough
approved plot plan or in violation of any provision of set forth in
this chapter.
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
facility 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."
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;
Three unrelated people;
Two unrelated people and any children related to either of them;
Not more than eight people who are residents of a group home meeting the requirements of § 215-26; or
Not more than eight people who are granted a special exception as a single nonprofit housekeeping unit (a functional family) pursuant to § 215-26.1.
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The definition of a family does not include:
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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.
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.
Any sales activity conducted entirely in an enclosed building
where stalls or sales areas may be set aside and rented or otherwise
provided which are intended for use by various unrelated individuals
at which articles that are either homemade, homegrown, handcrafted,
old, obsolete, or antique are sold, and which may include the selling
of goods at retail by businesses or individuals who are generally
engaged in retail trade. Considered a retail establishment for regulation
by this chapter.
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.
See § 215-38C and the Borough's Floodplain Ordinance.
The sum of the total horizontal areas of all floors of a
building measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings, but not including
interior parking spaces, loading space for vehicles, any space where
the floor-to-ceiling height is less than six feet, elevator shafts,
common stairwells in an apartment building, and unenclosed porches,
decks and breezeways.
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."
See "family" and § 215-26.1.
A building or part thereof used for human or animal funeral
services which may contain space and facilities for any of the following:
(A crematorium and a funeral home with a crematorium are
separate regulated uses.) A building or part thereof used for human
or animal funeral services which does not contain a crematorium, but
which may contain space and facilities for any of the following:
Animals raised or trapped in the wild for their pelts, such
as mink, sable, and ermine.
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 sale."
A structure owned or operated by a municipality and used
primarily for the parking, storage and maintenance of municipal vehicles.
A structure that is accessory to an institutional, commercial,
or manufacturing establishment, building, or use and is primarily
for the parking and storage of vehicles operated by the customers,
visitors, and employees of such building and that is not available
to the general public.
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 general
public.
A retail establishment engaged in the sale of ornamental
trees, shrubs and plants and supplies for gardening and landscaping.
A retail establishment where motor fuels are dispensed into
the fuel tanks of motor vehicles and may include the sale of other
retail products. It may also include light maintenance activities,
such as tuneups, oil changes, lubrication, tire changing, and minor
repairs, but shall not include heavy automobile maintenance activities
such as engine overhauls, body work and painting.
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.
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.
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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.
An accessory structure, typically constructed of metal or
wood framework and covered with glass or plastic, for private noncommercial
use.
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 § 215-26, and meets all other standards of such section.
Involves persons functioning as a common household.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental impairment
or other handicap* as defined by applicable Federal law.
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[2] defined Handicap as follows: 1) a physical or mental impairment
which substantially limits one or more of such person's major
life activities, 2) a record of having such an impairment, or 3) being
regarded as having such an impairment, but such term does not include
current, illegal use of or addiction to a controlled substance as
defined in § 802 of Title 21.
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A use that would otherwise meet the definition of "group
home," but which includes more than the permitted number of residents
specified by this chapter.
All buildings used primarily for the housing of persons nonrelated by blood or marriage, including, but not limited to, dormitories, fraternities, sororities, and all other structures occupied by groups of persons sharing a dwelling. Rooming houses, boardinghouses, hotels, motels, and resorts, group homes, jails, prisons and correctional facilities, clinics, health facilities and any use specifically listed in a zoning district in Article IV shall not be considered group quarters.
An accessory building or structure, together with any associated
gates and related equipment, which is designed, occupied and operated
for the purpose of controlling vehicular access.
A transitional facility for individuals after release from
an institution (as for mental disorder, drug addiction, or criminal
activity) that is designed to facilitate their readjustment to private
life.
An establishment primarily engaged in providing services
for human health maintenance, including clinics and hospitals, whether
publicly or privately operated.
An administrative proceeding conducted by the Planning Commission,
governing body, or Zoning Hearing Board pursuant the requirements
of this chapter.
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 takeoffs in any seven-day period (in addition
to flights necessary for emergency medical purposes) and that is not
available for use by the general public.
Any activity conducted for gain by a resident in the resident's
dwelling unit.
A government or nonprofit corporation facility providing
temporary housing to indigent, needy or homeless persons.
See "property owners' association."
Any animal of the horse family or resembling a horse including,
but not limited to, horses, ponies, mules and donkeys.
An institution or establishment providing primary health
services and medical or surgical care to persons, primarily inpatients,
and including, as an integral part of the institution, related facilities,
such as laboratories, outpatient facilities training facilities, medical
offices, or staff residences. Considered a health facility for regulation
by this chapter.
A facility offering temporary (generally for periods of two
weeks or less and not intended to be used as a permanent residence)
lodging accommodations to the general public, typically on the basis
of daily or weekly rentals, and providing additional services, such
as restaurants, meeting rooms and recreational facilities.
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."
A facility not located on the same lot where the wastewater
is generated, which is used for treating and removing any harmful
chemicals, compounds (including the flow-back water and solutions
used in the process of hydraulic fracturing for natural gas) nutrients,
organics, solids, radionuclides or other materials prior to being
transported off-site for reuse or discharged into a stream or into
the soil. Such a facility typically includes a multibay truck loading/unloading
station, skim ponds for oil/water separation, water clarifiers, sludge
dewatering facilities, reverse osmosis units, evaporators, chemical
feed equipment, pumps and other appurtenances.
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.
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
Abandoned or junked vehicles.
Junk shall not include:
Any solid or liquid waste the disposal of which is regulated
by the Pennsylvania Department of Environmental Protection.
Agricultural vehicles and implements such as tractors, mowers,
etc., for use as parts for equipment and machinery used as part of
an active, ongoing agricultural operation provided such equipment
is stored on the premises of the operation, can be legitimately used
for parts, and is adequately screened.
Construction and contractors equipment for use as parts for
equipment and machinery used as part of an active, ongoing contracting
business legally operating in accord with this chapter, provided such
equipment is stored on the premises of the operation, can be legitimately
used for parts, and is adequately screened.
An area of land, with or without buildings, used for the
storage, outside a completely enclosed building, of junk as defined
by this chapter, with or without the dismantling, processing, salvage,
sale or other use or disposition of the same. Vehicle sales lots managed
by licensed vehicle dealers operated in accord with this chapter shall
not be considered junkyards. The following shall also be considered
junkyards:
Any establishment housing dogs, cats, or other household
pets and where grooming, breeding, boarding, training, or selling
of animals may also be conducted as a business. This definition shall
also include any veterinary clinic with outdoor animal runs.
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 the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features.
The definition of "land development" shall also include the
expansion or addition to a nonresidential building which involves
any of the following as measured cumulatively from the effective date
of this provision:
The addition of 25% or more of floor area to the structure;
or
The increase by 25% or more of impervious area (including building
area) on the parcel; or
Any increase in impervious area which will result in the generation
of stormwater in such volume as will not be controlled by existing
stormwater facilities pursuant to the requirements of this chapter.
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.
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 animals raised or kept for home consumptive use or profit,
including, but not limited to, cattle, bison, sheep, goats, horses,
llamas, swine, fowl, rabbits, insects, and fur bearing animals.
The raising or keeping of livestock for home use, enjoyment
or any commercial purpose.
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 (or occupancy), 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 horizontal land area contained within the lot lines of a lot (measured in acres or square feet) determined by deducting from the total lot size the areas of constrained land as specified in § 215-23E for development on parcels of three acres or more [See § 215-23C(1)(a)] or in § 215-20B for development parcels of less than three acres. In the case of a flag lot, the lot area shall not include the access.
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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.
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."
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. (See § 215-20 for corner lots.)
Rear Lot Line on Triangular Lot
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Any lot line other than a front or rear lot line.
The horizontal distance between the side lines of a lot measured
at right angles to its depth along a straight line parallel to the
front lot line at the minimum required or approved front setback line.
In the case of a lot fronting on a cul-de-sac turnaround or curve,
along a chord perpendicular to a radial line located equidistant between
the side lot lines, the said chord shall intersect the radial line
at a point located at the required or approved building setback line.
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 prior to August
6, 1974, the effective date of the original Borough Zoning Ordinance.
A lot not meeting minimum frontage requirements and where
access to the public road is by a narrow, private right-of-way or
driveway.
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A lot other than a corner lot, the sides of which do not
abut a street.
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.
Facilities involving generally unobtrusive processes carried
on entirely within a fully enclosed building and not resulting in
the non-incidental storage of hazardous materials or the generation
of hazardous waste products, or other environmentally hazardous processes.
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.
Research, engineering or testing laboratories.
Textile and clothing manufacturing.
Furniture or other wood products production.
Light manufacturing does not include:
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, that
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.
A voluntary negotiating process in which parties in a dispute
mutually select a neutral mediator to assist them in jointly exploring
and settling their differences, culminating in a written agreement
which the parties themselves create and consider acceptable.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the commonwealth to dispense medical marijuana.
[Added 6-5-2017 by Ord.
No. 3-2017]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the commonwealth to grow and process medical marijuana.
[Added 6-5-2017 by Ord.
No. 3-2017]
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.
A facility for the production, packaging and sampling of
malt beverages of alcoholic and/or non-alcoholic content for retail
or wholesale distribution, on or off the premises, and which produces
less than 15,000 gallons of malt beverages per year.
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.
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."
A transportable, single-family dwelling intended for permanent
occupancy contained in one unit, or in two units designed to be joined
into one integral unit capable of again being separated for repeated
towing, which arrives at a site complete and ready for occupancy except
for minor and incidental unpacking and assembly operations, and constructed
so that it may be used without a permanent foundation, and which is
subject to U.S. Department of Housing and Urban Development regulations.
A parcel of land in a mobile home park which is leased by
the park owner to the occupants of the mobile home erected on the
lot and which is improved with the necessary utility connections and
other appurtenances necessary for the erection thereon of a single
mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
Any structure erected in an approved residential subdivision
for use as a display to promote the sale of similar residential structures,
which may be utilized on a short-term basis as an office, with ultimate
use of the structure to conform to a permitted use in the district
in which the structure is located. (See also "sample home.")
A facility offering temporary (generally for periods of two
weeks or less) lodging accommodations to the general public, typically
on the basis of daily or weekly rentals. Rooms in the facility shall
not be used as a principal residence.
The Pennsylvania Municipalities Planning Code, Act of 1968,
P.L. 805, No. 247 as enacted and amended.[3]
Any development of a single parcel of property that includes
one or more buildings containing three or more dwelling units. Any
residential development which proposes the construction of two or
more two-family dwellings on one parcel of property is also considered
a multifamily project. Two-family dwellings in a multifamily project
are considered townhouses.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the municipality.
Borough of Mount Pocono, Monroe County, Pennsylvania.
A development of five to 25 single-family, detached dwellings
clustered in a concentrated area which is surrounded by open land
or recreation area.
An establishment dispensing food and drink and in which music,
dancing, or entertainment is an integral and significant part of the
operation.
See § 215-60.
A condition or situation that results in an interference
with the enjoyment and use of real estate.
A commercial operation where trees and shrubs are grown for
transplanting, for use as stocks for budding and grafting, or for
sale.
See "garden center, retail."
A facility licensed by the Commonwealth of Pennsylvania for
the housing and intermediate or fully-skilled nursing care of three
or more persons needing such care because of old age or a physical
illness or disability or a developmental disability.
Any use of or activity upon a particular premises; or holding
real property by being in possession.
A facility licensed pursuant to the provisions of the Racehorse
Reform Act for the purpose of gaming authorized at a nonprimary location
pursuant to the provisions of the Racehorse Reform Act. Considered
a gaming establishment for regulation by this chapter.
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 the Borough of Mount Pocono, Monroe
County, Pennsylvania.
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 187, Subdivision and Land Development.
Open space that is part of a particular conservation design
subdivision development tract set aside for the use and enjoyment
of residents of such development.
Open space that is part of a particular conservation design
subdivision development tract set aside for the protection of sensitive
natural features, farmland, forest land, scenic views and other primary
and secondary conservation areas and which is permanently restricted
from further development except as permitted by this chapter and cannot
be used as a basis for density for any other development. Conservation
open space may be accessible to the residents of the development and/or
the Borough, or it may contain areas of farmland or forest land which
are not accessible to project residents or the public.
Open space that is dedicated or reserved for the use of the general public in accord with the requirements of Chapter 187, Subdivision and Land Development.
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.
Land and/or a stream or body of water and adjacent area on
any bank thereof, owned or leased by a person or group of persons
duly formed as a club, used principally for hunting/fishing, climbing,
gunning, nature observation, or similar recreation purposes open only
to members and guests and involving no buildings other than those
for lodging, eating and sanitary facilities for members and guests
and accessory structures.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to submit an
application 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.
An impervious or semi-pervious, uncovered structure with
an average elevation no greater than six inches above grade.
A permanent foundation which meets the requirements of the
Uniform Construction Code.
A document issued by the proper authority documented on the
required application which authorizes the applicant to undertake certain
activities in compliance with all the applicable codes and ordinances.
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 Borough 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, and fish.
"Pet" does not include livestock, small animals and fowl, pot bellied
pigs and miniature horses.
A facility at which a petroleum product passing through a
pipeline is pressurized by a turbine, motor, or engine, the volume
of flow is measured or permanent facilities are installed for pipeline
operation/maintenance and which compress, decompress, process, heat,
alter or transform the pipeline product The facility may contain some
type of liquid separator consisting of scrubbers and filters that
capture any liquids or other undesirable particles from the pipeline.
The definition excludes pipeline valves, metering stations, pig launchers/receivers,
and other components which are located within the pipeline right-of-way
and do not compress, decompress, process, heat, alter or transform
the pipeline product.
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.
The Planning Commission of the Borough of Mount Pocono, Monroe
County, Pennsylvania.
A map or plan of a subdivision or land development, whether
preliminary or final.
An attached, roofed accessory structure projecting from a
wall of a building which may be open or screened and with walls no
higher than four feet above the floor level.
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.
Protected open space (as defined by this chapter) for wildlife,
flora, fauna or features of geological or other special interest,
which is reserved and managed for conservation and which may include
special opportunities for study or research.
Land used for agricultural purposes that contains soils of
the first, second or third class as defined by the United States Department
of Agriculture Natural Resource and Conservation Services County Soil
Survey.
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 particular 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.
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 nonprofit corporation organized by the developer or lot
owners for the purpose of establishing an association of all property
owners in a planned development which purposes shall include the ownership
and maintenance of open space common areas and all development improvements.
Any structure, building or use owned and operated by a government
body or agency, including such things as public schools, parks, civic
centers, and municipal buildings, but excluding solid waste disposal
facilities, institutional uses, nursing homes, hospitals, and other
uses specifically defined by this chapter.
A formal meeting held pursuant to public notice by the Planning
Commission, governing body or Zoning Hearing Board, intended to inform
and obtain public comment, prior to taking action in accord with the
Pennsylvania Municipalities Planning Code.[6]
A forum held pursuant to notice under the act of July 3,
1986 (P.L. 388, No. 84), as amended, known as the "Sunshine Act."[7]
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.
An individual authorized to prepare plans pursuant to Section
503(1) of the Pennsylvania Municipalities Planning Code[8] which states that plats and surveys shall be prepared
in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known
as the "Engineer, Land Surveyor and Geologist Registration Law,"[9] except that this requirement shall not preclude the preparation
of a plat in accordance with the act of January 24, 1966 (P.L. 1527,
No. 535), known as the "Landscape Architects Registration Law,"[10] when it is appropriate to prepare the plat using professional
services set forth in the definition of the "practice of landscape
architecture" under Section 2 of that Act.[11]
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.
A private or public space associated with a residential development,
including accessory structures, such as fences, backstops and bleachers,
used for play and/or recreation by individuals.
A private or public space associated with a residential development,
including accessory structures, such as fences, backstops and bleachers
and other equipment, used for play and/or recreation by individuals,
and including, but not limited to, golf courses, basketball, volleyball
and tennis courts, baseball, football and soccer fields, and playgrounds.
A private or public space associated with a residential development,
not including any accessory structures used for active recreation
by individuals, and including, but not limited to, trails, picnic
areas, community gardens, and lawns.
Outdoor or indoor areas or structures, operated by private
nonprofit or private commercial entities, open to the public, which
may contain entertainment and amusement devices or attractions including,
but not limited to, picnic groves, tennis and racquetball courts,
ski areas, miniature golf courses, golf driving ranges, and the like,
but excluding golf courses, theaters, public parks and playgrounds.
Parks, swimming pools, playgrounds, tennis courts, and other
recreational facilities owned and operated by the Borough, County,
school district, state, or federal government. See "public facilities
and uses."
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 recreational vehicle 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; bimetal food containers; newsprint, magazines,
and office paper; and corrugated paper. Recyclables shall not include,
except as specifically authorized by the Borough, tires, large appliances
such as stoves, refrigerators, washers and dryers, other scrap metal,
used motor oil or any other material defined as "junk" or "solid waste"
by this chapter.
A center for the collection and/or processing of recyclable
materials as defined by the Monroe County Municipal Waste Authority.
Considered manufacturing, light, for regulation by this chapter. A
recycling facility does not include municipally operated collection
facilities or storage containers or processing activity located on
the premises of a residential, commercial, or manufacturing use and
used solely for the recycling of material generated by that residential
property, business or manufacturer. Any facility accepting or processing
waste or other discarded materials which are not recyclables as defined
by the Monroe County Municipal Waste Authority shall be considered
a junkyard or solid waste facility as regulated by this chapter.
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 the purpose of 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 out concepts and ideas, to determine physical
layouts, material flows, type of equipment required, costs, and to
secure other information prior to full-scale production. Considered
manufacturing, light, for regulation by this chapter.
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
180 days, as opposed to temporary visits to bed-and-breakfast inns,
motels, hotels, campgrounds and recreational vehicles, and which serves
as the legal address for the occupant. It also includes any dwelling
or structure where children who attend school reside.
A business combining lodging, eating and recreational facilities
for lodgers and/or non-lodgers as a single enterprise offered to the
public at large or any segment thereof, not including bed-and-breakfast
inns, campgrounds, recreational vehicle parks or mobile home parks.
Amenities may include conference centers, retail sales, spas, beauty
salons, barbershops, restaurants, indoor and outdoor recreational
facilities, health centers, day-care centers, facilities for commercial
special events, and employee living quarters.
Any part of a food establishment located outdoors, not used
for any other purposes, and open to the sky, with the exception that
it may have a retractable awning or umbrellas, and may contain furniture,
including tables, chairs, railings, and planters that are readily
moveable.
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 general 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 20,000 gallons.
[Amended 3-6-2017 by Ord. No. 2-2017]
Land reserved for use as a street, drainage facility or other
public or community use. A right-of-way shall not be considered as
land area when computing lot size.
The surface of and space above and below any real property in
the Borough in which the Borough has a regulatory interest, or interest
as a trustee for the public, as such interests now or hereafter exist,
including, but not limited to, all streets, highways, avenues, roads,
alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other
public place, area or property under the control of the Borough and
any unrestricted public lands, but excluding lands other than streets
that are owned by the Borough.
The phrase "in the right(s)-of-way" means in, over, along, above
and/or under the right(s)-of-way.
For the purpose of this ordinance, ROW(s) shall also include
streets and roads owned by Monroe County, the Commonwealth of Pennsylvania,
and any other Pennsylvania state agencies.
The outside top covering of a building.
 |
See "dwelling, townhouse."
An unoccupied single-family dwelling associated with a principal
permitted commercial use and not intended for permanent occupancy,
and used solely for demonstration purposes to inform potential purchasers
of the types of homes available from the seller. (See also "model
home.")
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 Borough residents, including
churches, firehouses, ambulance buildings, private schools, libraries
and the like, but excluding institutional uses, such as nursing homes,
hospitals, sanitariums and clinics. It shall also include essential
services and public utilities that require enclosure within any structure
or building.
A building or structure containing dwelling units designed
for, and limited to, occupancy exclusively by persons age 62 or over,
living independently, in his or her own dwelling unit. Such structures
may include multifamily, garden apartments, apartments, or such other
configurations as permitted by the Borough Council pursuant to the
conditional use standards of this chapter, but shall not include assisted
living facilities, personal care facilities, or nursing homes.
An establishment engaged in providing services involving
the care of a person or a person's goods or apparel such as cleaning
and garment services, beauty and barber shops, shoe repair, dry cleaning
and laundries, photographic studios, etc., and which is not otherwise
listed as a use in the Schedule of Uses.
The required minimum open space extending the full width
of the lot between the principal structure(s), accessory structures,
or other improvements and the front lot line. See also "yard" and
"lot line."
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 also "yard" and "lot
line."
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."
.tif.png "215 Setbacks and Associated Yards(1).tif")
Setbacks and Associated Yards
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A sewage collection and disposal system in which sewage is
carried from more than one individual lot, dwelling or other unit
by a system of pipes to a central treatment and subsurface or other
type of disposal area or stream discharge in compliance with the Pennsylvania
Department of Environmental Protection regulations and/or regulations
of the Mount Pocono Municipal Authority, whichever may be more stringent.
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 fully enclosed building used for the discharge of any
firearm for recreational or training purposes which is a commercial
operation, or which is operated by any government entity, private
nonprofit entity, or any sportsman's, recreation or fraternal
club or association. Considered a recreational facility, commercial
for regulation by this chapter.
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 owned or managed by a person, firm or corporation
which is rented or leased for a period of less than 30 days.
[Added 6-6-2016 by Ord.
No. 2-2016]
See "dwelling, single-family."
An agricultural products processing use involving the killing
of animals for the production of food or some other commercial product.
A commercial stockyard or similar facility that primarily involves
the bulk storage or transferring of animals on the way to slaughter
shall also be considered a slaughter house. Slaughter house shall
not include a custom butcher shop that does not involve killing of
animals which is considered a retail establishment.
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 system" and "active solar system."
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 of a private individual or firm
pursuant to the laws of the Commonwealth of Pennsylvania governing
the management and disposal of solid waste, including, but not limited
to, liquid, solid, toxic, hazardous and medical waste; and, including
but not limited to, transfer stations, solid waste landfills, incinerators,
medical waste disposal facilities, hazardous waste disposal facilities
and radioactive waste disposal facilities.
Any facility or operation of a public entity pursuant to
the laws of the Commonwealth of Pennsylvania governing the management
and disposal of solid waste, including, but not limited to, liquid,
solid, toxic, hazardous and medical waste; and including, but not
limited to, transfer stations, solid waste landfills, incinerators,
medical waste disposal facilities, hazardous waste disposal facilities
and radioactive waste disposal facilities.
Any garbage, refuse, industrial, lunchroom or office waste
or other material including solid, liquid, semisolid or contained
gaseous material, resulting from the operation of residential, municipal,
commercial or institutional establishments and from community activities.
The term shall also include any garbage, refuse, other discarded material
or other waste including solid, liquid, semisolid or containing gaseous
materials resulting from industrial, mining, agricultural operations,
local facilities or any other by-product or effluent from an industrial,
mining or agricultural water supply treatment facility, wastewater
treatment facility or air pollution control facility or any other
material defined by the PA DEP as solid, liquid, municipal, medical,
industrial, toxic or hazardous waste.
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.
A use in a particular zoning district to be allowed or denied
by the Zoning Hearing Board pursuant to public notice and hearing
and recommendation of the Borough Planning Commission as authorized
by Section 603(c)(1) of the Municipalities Planning Code.[12]
A structure or land where horses are kept for remuneration,
hire, sale, boarding, training, riding or show, and which includes
the commercial hire of horses to the general public for riding or
other purposes.
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.
The Commonwealth of Pennsylvania and its agencies.
A receptacle, such as a wooden or metal box or a trailer
of a tractor-trailer with or without wheels in which raw materials,
products or other items are stored.
[Amended 12-9-2019 by Ord. No. 3-2019]
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.
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.
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 of time
specified in the zoning permit.
The division or redivision of a lot, tract, or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted. (See Chapter 187, Subdivision and Land Development, for details.)
MINOR SUBDIVISIONA subdivision that creates five lots or fewer, or the cumulative development on a lot-by-lot basis for a total of five lots or fewer of any original tract of record (i.e., not subdivided or developed subsequent to November 5, 1973, the effective date of the original Borough Subdivision and Land Development Ordinance); and which does not require the construction or extension of any streets or municipal facilities and creates no public or private community facilities, such as, but not limited to, stormwater control facilities, a central water supply, a central sewage disposal system, or streets.
MAJOR SUBDIVISIONAny subdivision that is not a minor subdivision or a lot improvement subdivision.
LOT IMPROVEMENT SUBDIVISION(Also known as "add-on subdivision.") — A minor subdivision involving the realignment of lot lines or the transfer of land to increase the size of an existing lot, provided the grantor's remaining parcel complies with all provisions of this chapter and no new lots are created; or the combination or reallotment of small lots into a larger lot or lots.
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.
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. Considered a restaurant for regulation by this chapter.
A period of less than 90 consecutive days unless otherwise
specified by this chapter.
A building erected on a lot for temporary use in conjunction
with construction on that lot.
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.
See "dwelling, townhouse."
See "lot."
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.
The attaching of development rights to specified lands which
are desired by the Borough to be kept undeveloped, but permitting
those rights to be transferred from those lands so that the development
potential which they represent may occur on other lands where more
intensive development is deemed to be appropriate.
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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.
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
of time.
 |
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."
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.
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 general public, and which may or may not include the repair of
the vehicles and equipment which is for rent. Equipment rental operations
conducted entirely within an enclosed building shall be considered
a retail business for regulation by this chapter.
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 premises for
the display and sale of new and used automobiles of operable condition;
panel trucks or vans; mobile homes or trailers; recreation vehicles;
or farm or construction equipment, including any warranty repair work
and other repair service as an accessory use. No business or facility
which generates less than 50% of its gross sales from the actual sale
of new or used vehicles or equipment of the type herein described
(excluding parts and repairs) shall be considered a vehicle and equipment
sales operation.
An isolated, contained depression that holds water for at
least two months in the spring or summer, critical to several amphibian,
reptile and invertebrate species, which also provides important storage
for stormwater runoff and spring snowmelt that would otherwise contribute
to downstream flooding.
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 "sewage disposal" definitions.
Any natural or man-made freshwater pond, lake or stream.
This shall not include any pond or facility designed and constructed
solely for stormwater management.
Any use which involves the pumping or removal of water from
groundwater sources, with or without bottling, for retail or wholesale
sale. Water extraction and bottling shall be considered industry for
the purposes of regulation by this chapter.
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 facility immediately adjacent to a water body or stream
that typically contains a submerged suction line, pumps, water main,
multiple hydrants, truck loading and staging area, and water storage
tanks, and which stores water on a temporary basis that is intended
to be transported to another site.
Any channel of conveyance of surface water having a defined
bed and banks, whether natural or artificial, with perennial, intermittent
or seasonal flow.
Those areas that are inundated or saturated by surface water
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, including
swamps, marshes, bogs, fens, and similar areas and which are defined
as such by the Federal Manual for Identifying and Delineating Jurisdictional
Wetlands.
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, that are used to capture wind for the purpose
of energy conversion. The wind rotor is mounted on a pole, tower or
other structural support system along with other generating, electrical
and accessory equipment to form a wind energy conversion system.
A wind energy conversion system that converts wind energy
into electricity through the use of a wind turbine generator, and
includes the nacelle, rotor, tower, and pad transformer, if any, and
which is sized and intended to be used to generate electricity primarily
for the principal structure to which it is accessory.
[Added 3-6-2017 by Ord. No. 2-2017]
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.
MACRO WIRELESS COMMUNICATION FACILITYAny unstaffed facility for the transmission and/or reception of wireless communications services, usually consisting of an antenna array and/or microwave dish(es), connection cables, an equipment facility and a support structure or attachment structure to achieve the necessary elevation.
MICRO WIRELESS COMMUNICATIONS FACILITYSmall network node, small cell, picocell and all nonmacro cellular systems; and self-contained wireless communications devices designed to provide cellular telephone coverage to a limited, targeted and small area which are used to add coverage or capacity to an existing wireless service provider's network where it is not feasible to equipment facility capable of being mounted onto the attachment or support structure and antenna that is either:
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 Part 18.
Military and government radar antennas and associated communication
towers used for navigational purposes as regulated by 47 CFR Part
87.
Amateur (ham) and citizen band transmitting and receiving antennas
and associated communications towers as regulated by 47 CFR Part 97
and 47 CFR Part 95.
Radio transceivers normally handheld 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 Part 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 herein.
[Added 3-6-2017 by Ord.
No. 2-2017]
An existing building which is 35 or more feet in height or
an existing structure suitable for the support of a wireless communication
facility that was designed and constructed for another purpose. In
addition to a qualifying building, such existing structures shall
include, but not be limited to, utility poles, signs, water towers,
and municipally owned towers.
[Added 3-6-2017 by Ord.
No. 2-2017]
The vertical distance measured from the base of the support
structure/tower at grade to the highest point of the structure/tower.
If the support structure/tower is on a sloped grade, then the average
between the highest and lowest grades shall be used in calculating
the height.
[Added 3-6-2017 by Ord.
No. 2-2017]
Any pole, telescoping mast, tower, tripod, or any other structure
which is constructed to support a wireless communications antenna
array.
[Added 3-6-2017 by Ord.
No. 2-2017]
Any wireless communication facility which is designed to
enhance compatibility with adjacent land uses, including, but not
limited to, architecturally screened and/or landscaped antenna arrays,
equipment facilities and support structures designed to look similar
to a support structure, such as a light pole, power pole, or component
of a building or a tree.
[Added 3-6-2017 by Ord.
No. 2-2017]
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.
The Zoning Hearing Board of the Borough of Mount Pocono.
The Official Zoning Map of the Borough of Mount Pocono.
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.
[1]
Editor's Note: See 53 P.S. § 10603(c)(2).
[2]
Editor's Note: See 52 U.S.C. § 3601 et seq.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
[4]
Editor's Note: See 53 P.S. § 10401 et seq.
[5]
Editor's Note: See 35 P.S. § 6018.101 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
[8]
Editor's Note: See 53 P.S. § 10503(1).
[9]
Editor's Note: See 63 P.S. § 148 et seq.
[10]
Editor's Note: See 63 P.S. § 901 et seq.
[11]
Editor's Note: See 63 P.S. § 902.
[12]
Editor's Note: See 53 P.S. § 10603(C)(1).
[13]
Editor's Note: See 53 P.S. §§ 10601 et seq.
and 10901 et seq., respectively.
