[Amended 10-24-2011 by Ord. No. 2011-2; 12-4-2018 by Ord. No. 2018-6; 12-3-2024 by Ord. No. 2024-8; 1-6-2025 by Ord. No. 2025-1]
As used in this chapter, the following terms shall have the meanings indicated:
ABANDONMENTTo cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, subject to completion of the work within one year from the issuance of a zoning permit and/or building permit.
ABUTTINGHaving a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
ACCESSA way or means of approach to provide physical ingress and/or egress to a property.
ACCESSORY SOLAR ENERGY SYSTEM (ASES)An area of land or other area used for a solar collection system to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on- site use. An accessory solar energy system consists of one or more free-standing ground, or roof mounted solar arrays or modules, or solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.
ACCESSORY STRUCTUREA subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
ACCESSORY USEA use incidental to, and on the same lot as, a principal use.
AGRICULTUREThe use of land for agricultural purposes, including farming, dairying, pasturage, horticulture, floriculture, and animal and poultry husbandry and the necessary accessory uses. 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 by farmers or are consistent with technological development within the agricultural industry. The above uses shall not include concentrated animal feeding operations, commercial hog farms, fur farms, fertilizer plants or animal kennels. The keeping of more than two pieces of livestock upon a property, including but not limited to horses, cows, goats, sheep and similar types of animals, shall be deemed to constitute an agricultural use.
ALTERATIONAny change, addition, or modification in construction or occupancy of an existing structure.
ALTERATION, STRUCTURALAny change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
AMENDMENTA change in the regulations and provisions of the Dallas Township Zoning Ordinance, including changes to boundaries of Zoning Districts as provided upon the Zoning Map.
ANCILLARY FACILITY OF OIL OR GAS DEVELOPMENTAncillary facilities of oil or gas development shall include but shall not be limited to compressors, oil or gas compressor stations, oil- or gas-metering stations, oil- or gas-processing facilities, hydraulic-fracturing water-withdrawal facility, hydraulic-fracturing water-treatment facility and the following uses:
C. Water impoundment, fresh.
D. Water impoundment, waste.
E. Hydraulic fracturing.
(2) Oil or gas staging facility.
(3) Oil or gas water-reuse storage facility.
ANIMAL KENNELAny structure or premises in which five or more dogs or cats or any combination thereof, at least six months of age, are boarded, kept or trained for commercial gain.
ANIMAL HOSPITALA structure or building where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
AUTOMOTIVE SALESThe use of any building, structure or land, other than a street, for the display and sale or rental of motor vehicles which are in operable condition. The owner/operator of this business must have a valid state license for the sale or rental of such motor vehicles. Any related repair shall be conducted within an enclosed building and shall be an accessory use.
AUTOMOBILE WRECKING YARDThe dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima-facie evidence of an automobile wrecking yard. (See also "junkyards.")
BASEMENTThat portion of a building that is partly or completely below grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is five feet or greater.
BED-AND-BREAKFASTA residence occupied by an owner providing short-term lodging accommodations for compensation for transient guests. No more than five guest rooms shall be available for said accommodations. Any meals included as part of the services shall be restricted to individuals who have registered for lodging within said residence.
BILLBOARDA sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.
BOARDINGHOUSE or ROOMING HOUSEA structure or portion thereof that contains rooming units which are rented or leased, with the occupants of said units being nontransient, and using said location as a legal place of residence. The terms "boardinghouse” or “rooming house" shall specifically exclude the following: dwelling, dwelling unit, motel and/or hotel, bed-and-breakfast facility and group residence.
BUFFER AREAA method of improvements designed to separate and substantially obstruct the view of two adjacent land uses or properties from one another. For the purpose of this chapter, when a buffer area is required, it shall be deemed to represent a fence or stone wall with cork fitting, eight feet in height with two staggered rows of evergreen trees planted in front of the fence with the spacing distance between trees the not less than eight feet or greater than 10 feet. Said trees shall be not less than eight feet in height at the time of planting. Unless stated otherwise, a buffer area may be part of the minimum setback distance for the land use requiring said buffer.
BUILDINGAny structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals, or property.
A. BUILDING, ACCESSORYA subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
B. BUILDING COVERAGEThe horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
C. BUILDING ENVELOPEAn area of a lot upon which development may occur. Excluding deed restrictions, covenants, easements or other site conditions, the governing minimum setbacks requirements for a given zoning district establishes the building envelope.
D. BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
E. BUILDING HEIGHTThe vertical distance of a building measure from the average elevation of the proposed finished grade within 20 feet of the structure to the highest point of the roof for flat roofs; to the deck line of mansard roofs and to the average height between eaves and the ridge for gable, hip and gambrel roofs, excluding chimneys.
BULK FUEL STORAGE FACILITYAny facility where gasoline is stored in bulk for distribution by delivery truck; fuel, including but not limited to kerosene, home heating oil, diesel fuel, gasoline, or propane, is stored in large volume tanks for distribution to retail or wholesale establishments; or the total combined on-site storage of fuel exceeds 20,000 gallons.
CAMPGROUNDSAn area to be used for transient occupancy by camping in tents, camp trailers, recreational vehicles, travel trailers, or similar movable or temporary sleeping quarters.
CAMPSITEAny plot of land within a campground intended for exclusive occupancy by a camping unit or units under the control of a camper.
CAMPING UNITAny tent, trailer, recreational vehicle, or similar structure established or maintained and operated in a campground as temporary living quarters for recreational or vocational purposes.
CARPORTA roofed structure opened on two or more sides and used for the storage of private motor vehicles. It may be constructed as a separate accessory structure or part of the principal structure.
CELLARThe portion of any building which is located partly underground, but having 1 1/2 or more of its height, measured from finished floor grade to finished ceiling, below the average grade of the adjoining land. A cellar shall not be counted as a story for the purposes of administering height regulations of this chapter.
CEMETERYLand used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such cemetery.
CHANGE OF USEAny use which differs from the previous use of a building, structure or land.
CLEAR SIGHT TRIANGLEAn area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the "corner" so as not to interfere with traffic visibility across the corner.
CLINIC (MEDICAL)A facility comprised of professional offices, for the examination and treatment of persons as outpatients by physicians, dentists or other licensed medical specialists, in which said medical practitioners work in cooperative association. Said clinics may provide medical services customarily available at hospitals, excluding overnight care of patients and twenty-four-hour emergency service.
CHIMNEYA vertical structure containing one or more flues for drawing off emissions from a stationary source of combustion, including but not limited to those attached to an outdoor fuel furnace.
CLUB/PRIVATE LODGEAn area of land or building used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that are limited to bona fide members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. The club shall involve a meaningful and substantial membership system, as opposed to a token system. This use shall not include a target range for outdoor shooting, boarding house, a tavern, a restaurant or an auditorium unless that particular use is permitted in that district and the requirements of that use are met.
COLLEGE/UNIVERSITYAn institution for post-secondary education, public or private, offering courses in general, technical, or religious education. It operates in buildings owned or leased by the institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities, and sororities, but not including colleges or trade schools operated for profit.
COMMON OPEN SPACEA parcel or parcels of land, which may include an area of water, within a development site and designated and intended for the use or enjoyment of residents of a planned residential development, exclusive of streets, off-street parking areas and areas set aside for public facilities.
COMMERCIAL USEAn occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.
COMMERCIAL COMMUNICATION ANTENNAAny device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio services, or any wireless communication signals, including without rotation, omnidirectional or whip antennas and directional or panel antennas, owned and operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence-mounted satellite dishes or television antennas or amateur radio equipment, including, without limitation, ham or citizen band radio antennas.
COMMERCIAL COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communication equipment for the operation of a commercial communication antenna and covering an area on the ground not greater than 250 square feet.
COMMERCIAL COMMUNICATION TOWERA structure other than a building which extends more than 10 feet from the natural surface of the ground and is used for business purposes and/or to support a commercial communication antenna.
COMPREHENSIVE PLANThe Comprehensive Plan of Dallas Township, including any amendments, updates, or revisions thereto.
COMPRESSORA device that raises the pressure of oil and natural gas and/or byproducts. Compressors are any devices that create a pressure differential to move or compress a liquid, vapor, or a gas. Any such device used alone or in series to adequately compress a gas is considered a compressor.
CONDITIONAL USEA use that, owing to some special characteristics attendant to its operation or installation, is permitted in a zoning district subject to approval by the Board of Supervisors and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located.
CONDOMINIUMA set of individual dwelling units or other areas of building each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which was created under the PA Uniform Condominium Act of 1980, as amended.
CONTINUING-CARE FACILITYA. An age-restricted residential development, as defined in current state licensing requirements, designed, operated and maintained to provide a continuum of accommodations and care for retired adults that may include:
(1) Independent dwelling units.
(2) Skilled-nursing facilities.
(3) Intermediate-care facilities.
(4) Personal-care facilities.
B. A continuing-care facility may also include supporting services and facilities that encompass dining, recreational and social activities limited to residents within said facility.
CONTINUING-CARE RETIREMENT COMMUNITYPlanned communities which offer multiple levels of care (independent living, assisted living, skilled nursing care) housed in different areas of the same community or campus and which give residents the opportunity to remain in the same community if their needs change. They provide residential services (meals, housekeeping, laundry), social and recreational services, health-care services, personal care, and nursing care.
CONTRACTOR'S STORAGEA lot, building, or part thereof used to store materials used by a contractor in the construction of a road, highway, structure or building, landscaping or utilities.
CONVENIENCE STOREAny retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same.
CONVENIENCE STORE WITH GAS SALESAny retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same, along with the retail sales of gasoline and related fuel products.
CRITICAL AREASAn area with one or more of the following characteristics: stream corridors, streams, floodplain areas, wetlands, slopes which equal or exceed 15%, soils classified as highly acidic or highly erodible, soils classified as having a high water table, land and associated soils which display poor percolation, mature stands of native vegetation and aquifer recharge and discharge area.
DAY-CARE CENTERA structure in which day care services are provided, with no portion of the structure being jointly used as a portion of a family residence.
DAY-CARE FACILITYA facility for the provision of out-of-home care for children or adults for part of a twenty-four-hour day, excluding care provided by relatives, and licensed as such by the state.
DAY-CARE HOMEA residential structure in which day-care services are provided for not more than six persons at any one time, where the care areas are also used as a portion of a family residence.
DAY-CARE SERVICESThe provision of out-of-home care for children or adults for part of a twenty-four-hour day, excluding care provided by relatives.
DECISIONFinal adjudication of any board or other body granted jurisdiction under any land use ordinance or 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 subject to appeal to the Court of Common Pleas of Luzerne County.
DENSITYThe number of dwelling units permitted per net unit of land.
DETENTION FACILITYA publicly operated or sponsored facility used to house and/or rehabilitate individuals detained, sentenced by, or under the jurisdiction of the criminal justice system, including but not limited to, jails, prisons, penitentiaries, reformatories, halfway houses and similar facilities.
DETERMINATIONA. Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:
(2) The Zoning Hearing Board; or
(3) The Planning Commission, only if and to the extent the planning commission is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance or planned residential development provisions.
B. Determinations may be appealed only to the boards designated as having jurisdiction for such appeal.
DEVELOPMENTAny man-made improvements to improved or unimproved real estate. The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or structure, any mining, dredging, filling, grading, paving, excavation, drilling, land disturbance and any use or extension of the use of land shall be deemed to constitute a development.
DEVELOPMENT PLANThe provisions for development included within an application for a subdivision and/or land development, including all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space, easements and public facilities. The phrase "development plan" shall mean the written and graphic materials referred to in this definition.
DRIVEWAYA privately owned and constructed vehicular access from an approved private or public road into a lot or parcel having a frontage on the road.
DWELLING TYPESA. DWELLING, SINGLE-FAMILYA detached building arranged or used for occupancy by one family. A mobile home or similar manufactured housing unit which is constructed to be permanently attached and anchored to a permanent foundation shall be deemed to be a single-family dwelling unit.
B. DWELLING, TWO FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.
C. DWELLING, MULTIPLEA building containing three or more dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar. The term "townhouse" is excluded under this term. (See definition of “townhouse.”)
D. TOWNHOUSEA single structure consisting of not less than three or more than six dwelling units. Each dwelling unit shall have direct ground-level access to the outdoors and be connected to other dwelling units by one or more party walls with no opening or connecting interior access between units. No dwelling units shall be located over or below another unit.
E. MANUFACTURED HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable 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 with or without a permanent foundation.
DWELLING UNITOne or more habitable rooms which are occupied, or which are intended or designed to be occupied as a residence by one family, with permanent facilities for living, sleeping, cooking, and sanitary facilities for exclusive use by the family residing therein.
EARTH DISTURBANCE ACTIVITYAny construction or other activity which disturbs the surface of the land, including but not limited to excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.
EASEMENTA grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
EASEMENT, DRAINAGEAn easement required for the installation of stormwater sewers or drainage ditches, and/or required for the preservation or maintenance of a natural stream or watercourse or other drainage facility.
ENTERTAINMENT FACILITIESCommercial establishments, excluding any sexually oriented business, engaged in providing entertainment for a fee or an admission charge, such as an arcade, bowling alley, billiard hall, roller skating rink or similar facilities.
ENVIRONMENTAL IMPACT STATEMENTA report and/or series of reports on the effect of a proposed development or major action which may significantly affect the environment and associated features thereunder.
EXCAVATION AND EXTRACTION OF MINERALSThe removal or recovery by any means whatsoever of minerals, from land or water, on or above the surface thereof, or beneath the land surface, whether exposed or submerged. It shall include the incidental screening, washing, crushing and grading of materials originating on the site, and mineral processing as an accessory use. Oil and/or natural gas, while classified as a mineral under the definition of the term "minerals" as so defined in this chapter, shall be excluded from this definition and shall be subject to specific regulations as set forth in Article
VIII, Supplemental Regulations, of this chapter.
FACILITYA structure or place which is built, installed, or established to serve a particular purpose.
FAMILYOne or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit. Foster children placed into the care and custody of a family shall be deemed to be a member of the family. A group in excess of four individuals who are not related by blood, marriage or legal adoption shall not be deemed to constitute a family.
FENCEA structure functioning as a boundary or barrier constructed of materials recognized by the fencing industry. Hedges, shrubbery and/or similar vegetation shall not be deemed or considered to be a fence.
FLOOR AREA, GROSSThe sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls.
FORESTRYThe management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes which does not involve any land development. (Also see § 95-70M, Forestry activities.)
FRONTAGEThe length of the front lot line measured at the street right-of-way line.
GARAGE, PRIVATEA noncommercial building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
GARAGE, REPAIRA commercial building designed and used for the storage, care, repair, or refinishing of motor vehicles, including both minor and major mechanical overhauling, paint, and body work. (See also "service station.")
GARDEN CENTERA place of business where products and produce are sold to the general public. These centers may include a nursery and/or greenhouses, plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils.
GASOLINE SERVICE STATIONA structure, building or area of land or portion thereof that is used for the retail sale of gasoline or any other motor vehicle fuel that may or may not include as an accessory use, the sale and installation of lubricants, tires, batteries, and similar accessories and other minor servicing and engine tune-ups of motor vehicles, excluding the major mechanical overhauling, paint, and body work of any type of vehicle. Gasoline service stations shall not include service and maintenance activities which include or are comparable to those provided for under the definition of a "repair garage."
GENERAL NUISANCEAny use of property considered to be substantially inconsistent with the public comfort, convenience, health, safety, and general welfare, exhibiting characteristics that include, but may not be limited to the following:
A. Properties in a continuing state of disrepair that are not fit for habitation and/or occupancy;
B. Properties, lacking zoning approval for use as a junkyard and/or an automobile wrecking yard, that contain and accumulate trash, junk and/or two or more inoperable vehicles;
C. Fire and explosion hazards;
D. Electrical and radioactive disturbances;
H. Smoke and odors and other forms of air pollution.
GLAREThe effect produced by light with an intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GOVERNING BODYThe Board of Supervisors of Dallas Township, Luzerne County, Pennsylvania.
GREENHOUSE, COMMERCIALRetail business whose principal activity is the selling of plants grown on the site and having outside storage, growing, and/or display.
GROUP RESIDENCEA. A dwelling unit which is shared under congregate living arrangements by more than four persons who are residents of the dwelling unit by virtue of their need to receive supervised services limited to health, social and/or rehabilitative services provided by a person or persons or their licensed or certified agents, a governmental agency or their licensed or certified agents, a responsible corporation or their licensed or certified agents, a partnership or limited partnership or their licensed or certified agents or any other legal entity. Such services shall be provided on a continuous basis in a family-like environment to persons who are in need of supervision and/or specialized services in a residential setting.
B. The following shall not be deemed to constitute a group residence:
(1) A boarding home and/or a personal care boarding home.
(2) A facility providing shelter and/or rehabilitative care or treatment of persons for alcoholism and/or an addiction to a controlled substance.
(3) A facility for persons released from or under the jurisdiction of a governmental bureau of corrections or similar institution.
HAZARDOUS SUBSTANCESA. Any material that, by reason of its quantity, concentration, or physical, chemical or infectious characteristics, may:
(1) Cause, or significantly contribute to, an increase in mortality or an increase in a serious irreversible or incapacitating irreversible illness.
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
B. This definition shall be deemed to include radioactive material, medical waste and any incendiary device and/or explosive device or material.
HEALTH-CARE ACCESSORY FACILITIESFacilities that support health-care uses, such as transportation-related facilities (including for emergency transportation, such as but not limited to ambulances, transport vehicles and helicopters), heliports, fueling facilities, driveways, parking structures, parking lots and loading areas, buildings and facilities for utilities, maintenance, vehicle storage, equipment storage and other support services, communications towers and antennas, water storage tanks, standpipes and towers, medical gas-storage tanks, temporary mobile treatment units or treatment tents and/or emergency-services trailers or similar facilities to be erected only for the duration required to serve the needs of an emergency or public health occurrence and/or for periodic training, as well as recreation trails and noncommercial recreation facilities, and utilities and stormwater management facilities.
HEALTH-CARE CAMPUSThe use of a property for a combination of health-care-related uses such as a hospital, health-care outpatient facility, health-care educational facility, health-care office, wellness and fitness center, health-care residential facility, adult- and child-care centers intended to serve family members of patients, staff, physicians, students and visitors to the health-care campus, and health-care commercial facilities, and health-care-accessory-related facilities.
HEALTH-CARE COMMERCIAL FACILITY AND USESFacilities and/or uses intended for patients, staff, physicians, students and visitors and their family members limited to the following: gift and card shops, flower and plant shops, sale of common health-care-related items, personal-care items, the sale of convenience items and/or novelties, sale of items for fundraising, sale of food and beverages, cafeterias/cafes/food courts/restaurants or similar uses, coffee shops, vendor carts or kiosks for the sale of items listed above, bookstores, pharmacies/drug stores, stores for medical devices, medical uniforms, clothing, apparel and accessories, health-food stores, convenience stores, florists, banks, financial institutions, automatic transaction machines, and personal-care services such as barber shops or beautician shops, and laundry and/or dry cleaning as well as drive-through facilities for the above.
HEALTH-CARE OFFICEOffices for health-care-related professionals, administrative and support staff, and offices and laboratories for drawing and testing of specimens, diagnosis, or health-care research.
HEALTH-CARE OUTPATIENT FACILITYA medical facility, separate from or in conjunction with a hospital, which provides, on an outpatient basis, services such as medical testing, diagnostic testing (including overnight observation or diagnostic testing), and may include drawing and/or testing of laboratory specimens, urgent or express care, surgery, treatment, rehabilitation, alternative medicine, and/or other health-care-related services. A health-care outpatient facility may include overnight stays by patients. The term excludes a substance abuse treatment facility.
HEALTH-CARE RESIDENTIAL FACILITYA hospice, nursing home, personal-care center, skilled-nursing facility, assisted-living facility, life-care facility, memory-care facility, transitional-care facility or similar living facilities, family-lodging center, residence hall for students studying a health-care field, accessory-housing facilities for on-site medical staff, and independent-living facility. A stand-alone nursing home, personal-care center, skilled-nursing facility, assisted-living facility, life-care facility, memory-care facility, transitional-care facility or similar living facility shall include an area of no less than 70% of the building footprint area, proximate to the building suitable and developed for passive recreation use such as walkways and benches.
HEALTH-CARE-EDUCATION FACILITYA facility which provides education and/or research related to health care, health maintenance, wellness, and/or the business of health care. The use includes a college, university, or trade school affiliated with an accredited medical or nursing school.
HIGHWAY OCCUPANCY PERMITA permit, issued by the Pennsylvania Department of Transportation, the Luzerne County Road and Bridge Department or Dallas Township which authorizes access from a parcel of land onto a highway, road or street which is under the respective jurisdiction of the above entities.
HEALTH/RECREATION FACILITYAn indoor facility including uses such as game courts, exercise equipment, locker rooms, and related facilities.
HOME OCCUPATIONAn occupation, profession, activity; or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the existing residential character of the neighborhood.
HORSE FARMA building or structure and/or land whose operator keeps equines primarily for breeding and boarding and which operation may or may not be incidental to the owner's primary occupation.
HOSPICE-CARE FACILITYA facility which provides palliative and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families.
HOSPITALA use that involves the observation, diagnosis, treatment, rehabilitation or other medical care of humans that includes care requiring stays overnight and that may also include outpatient care. A medical care use that does not involve stays overnight shall be considered a "medical office or clinic." A hospital may involve observation, diagnosis, treatment, rehabilitation or other care for medical, dental or mental health, but shall not include housing of the criminally insane. A hospital may also involve medical research and training for health-care professions. A hospital shall meet all relevant licensing requirements of the Commonwealth of Pennsylvania for the services which it provides.
HOTELA facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities. (Also see "motel.")
HUB HEIGHTThe distance measured from the surface of the tower's foundation to the height of the wind turbine hub to which the blade is attached.
HYDRAULIC FRACTURINGThe underground injection of fluids and other agents which create, enlarge or maintain fractures in subsurface rock to enable, improve or accelerate the recovery of oil, gas, or geothermal energy.
HYDRAULIC FRACTURING WATER TREATMENT FACILITYA facility or equipment used for removing and/or treating the waste generated in the process of hydraulic fracturing in order to extract natural gas and/or remove chemicals, compounds and radionuclides from the wastewater prior to storing or transporting said waste off-site for reuse or discharge. Such a facility shall contain equipment and improvements which may include, but which are not limited to, a multi-bay 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.
HYDRAULIC FRACTURING WATER WITHDRAWAL FACILITYA facility or facilities which may include, but which is not limited to, wells, submerged suction lines, pumps, water mains, multiple hydrants, a truck loading or staging area, and/or water storage tanks, which extracts or removes water from a surface or groundwater system or resource and/or stores such water for use in or to assist with hydraulic fracturing efforts.
IMPACT ANALYSISA study and/or report which may be required at the discretion of the Dallas Township Board of Supervisors prior to approval of a conditional use application and/or a rezoning application or by the Zoning Hearing Board prior to approval of an application for a special exception and/or variance to determine the potential impact of the proposed use on activities, utilities, traffic generation and circulation, surrounding land uses, community facilities, environmental features, critical areas, the public health, safety and welfare and other factors directly, indirectly or potentially affected. The applicant shall be responsible for all costs related to any and all reports and/or studies required by the Dallas Township Board of Supervisors or Zoning Hearing Board under or within the context of the term "impact analysis."
IMPERVIOUS SURFACEAny material and/or development that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces shall include, but may not be limited to, buildings, roofs, surfaced, graveled or compacted parking areas, streets, sidewalks, driveways and similar vehicular and/or pedestrian rights-of-way.
IMPROVEMENTSMan-made physical additions, alterations, and/or changes to buildings or other structures which become part of, placed upon, or affixed to real estate.
INDUSTRY, HEAVYA use engaged in the basic processing and manufacturing of materials or products predominantly from extracted or raw materials, excluding oil and/or gas development, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions and having potential to produce noise, dust, glare, odors or vibration beyond its property line.
INDUSTRY, LIGHTA use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales, and distribution of such products, but excluding basic industrial processing.
INSTITUTIONAL USEA structure or facility which provides medical, health, educational, social and/or rehabilitative services to more than eight persons on a continuous and/or regular basis, excluding a facility for persons released from or under the jurisdiction of a governmental bureau of corrections or similar institution.
JUNKOld, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles, and parts thereof.
JUNKYARDAn open area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials shall include but are not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. An automobile wrecking yard is also considered a junkyard. (See also "automobile wrecking yard.")
LAND DEVELOPMENTA. The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure.
(2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
(4) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into more than three residential units. Any conversion described above that is intended to be a condominium shall be exempt from classification as a land development.
(5) Any nonresidential use of land, with or without structures excluding agricultural use of land.
(6) The development of a mobile home park or the expansion of an existing mobile home park within the context of the definition of said term as contained within this chapter.
B. A development of a parcel of land which contains not more than three detached single-family residential structures, whether developed initially or cumulatively, shall be classified as a minor land development; all other uses classified as a land development shall be deemed to be a major land development.
LANDOWNERThe 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.
LOTA designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit, for principal and accessory buildings or structures.
LOT AREAThe total horizontal area within the lot lines of a lot.
LOT AREA, GROSSThe area of land contained within the limits of the legally described property lines bounding the lot.
LOT AREA, NETThe area of land contained within the limits of the legally described property lines bounding the lot, exclusive of any street or railroad rights-of-way, common open space, easements for the purposes of access, utility, or stormwater management, prohibitively steep slopes, the Floodplain Conservation District, and wetlands as defined by this chapter.
LOT, CORNERA lot abutting on and at the intersection of two or more streets.
LOT COVERAGEDetermined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings and structures, by the gross area of that lot.
LOT DEPTHThe average horizontal distance between the front and rear lot lines.
LOT LINEA line dividing one lot from another lot or from a street or alley.
LOT LINE, REARThe lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
LOT OF RECORDA lot which exists as shown or described upon a plat or deed and duly recorded in the Office of the Recorder of Deeds of Luzerne County, Pennsylvania, on the effective date of the adoption of this chapter.
LOT, THROUGHA lot having both its front and rear yards abutting on a street.
LOT WIDTHThe horizontal distance between side lot lines, measured at the required front setback line.
MANUFACTURED HOMEA transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable 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 with or without a permanent foundation.
MANUFACTURED HOME LOTA parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MANUFACTURED HOME PARKA 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.
MEDIATIONA 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.
METHADONE TREATMENT FACILITYA facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
MINERALSAny aggregate or mass of mineral matter, whether or not coherent. The term shall include, but it is not limited to, limestone and dolomite, sand and gravel, rock and stone, earth, fill, slag, iron ore, zinc ore, vermiculite and clay, anthracite and bituminous coal, coal refuse, peat, and crude oil and natural gas.
MINERAL PROCESSINGThe 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.
MOTELA building or group of buildings containing apartments and/or rooming units, each of which maintains a separate outside entrance and primarily offering transient lodging accommodations to the general public. Such building or group of buildings may also provide additional services such as restaurants, meeting rooms, and recreational facilities. (Also see "hotel.")
MUNICIPALITYThe Township of Dallas, Luzerne County, Pennsylvania.
MUNICIPAL-OWNED PROPERTYA building or structure providing a municipal service or function that is owned and operated by Dallas Township.
NO-IMPACT HOME-BASED BUSINESSA business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling, and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery, or removal functions to or from the premises in excess with those normally associated with a residential use. The business or commercial activity must also comply with the applicable supplemental requirements contained in Article
VIII of this chapter.
NONCONFORMING LOTA lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTUREA structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USEA use, whether of land or of structure, which does not comply with the applicable use and/or other provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment to its location by reason of annexation.
NURSING HOMEA facility, as defined under current state licensing requirements, that provides nursing care and related medical or other health services for a period of 24 hours or more for individuals not in need of hospitalization, but who because of age, illness or other infirmity, require high-intensity comprehensive planned nursing care.
OIL AND GAS ACTPennsylvania's Oil and Gas Act, 58 P.S. § 601.101 et seq., as it has been or may be amended from time to time.
OIL OR GAS COMPRESSOR STATIONAny device, facility or use that increase(s) the pressure of a liquid, vapor or gas in a pipeline or other containment for purposes including but not limited to the transportation of the liquid, vapor or gas within a pipeline.
OIL OR GAS DEVELOPMENTShall include the well site preparation, construction, drilling, redrilling, hydraulic fracturing, and/or site restoration associated with an oil or gas well of any depth; water and other fluid storage, impoundment and transportation used for such activities; and the installation and use of all associated equipment, including tanks, meters, and other equipment and structures, whether permanent or temporary; and the site preparation, construction, installation, maintenance and repair of oil or gas pipelines and associated equipment and other equipment and activities associated with the exploration for, production and transportation of oil and gas. Notwithstanding the forgoing, oil and gas development shall not include any ancillary facilities or activities, including, but not limited to: oil and gas compressor stations, oil and gas metering stations, oil and gas facilities, and off-site oil and gas pipelines.
OIL OR GAS METERING STATIONSA facility containing equipment including, but not limited to, gauges, valves and/or communications equipment, which regulates and/or measures the volume, pressure, and other characteristics of oil and/or natural gas in, entering or exiting an oil or gas pipeline.
OIL OR GAS PIPELINESAll parts of those fixed-location physical facilities through which oil and/or natural gas moves in transportation, including pipes, valves, and other appurtenances attached to pipes, except those aboveground structures otherwise regulated under this chapter.
OIL OR GAS PROCESSING FACILITYAny facility other than an oil or gas compressor station or oil or gas metering station which alters the chemical or physical properties of oil or natural gas or refines oil or natural gas and segments it into distinct commodities.
OIL OR GAS WATER REUSE STORAGE FACILITYTanks of any construction (metal, fiberglass, concrete, etc.) and impoundments used for the storage of hydraulic fracturing wastewater and/or water that has been used in oil or gas development and is being reused.
OIL OR GAS WELLAny well drilled for the purpose of extracting or capable of being used to extract gas, petroleum or other liquid related to oil or gas production from beneath the surface of the earth.
OIL OR GAS WELL SITEA specifically defined location with fixed dimensions which may include facilities, structures, materials and equipment, whether temporary or permanent, necessary for or incidental to the preparation, construction, drilling or production of an oil or gas well as further identified in any application submitted to or approved by the Pennsylvania Department of Environmental Protection.
OFFICEA building or portion thereof containing rooms and/or space for conducting the affairs of a business, profession, service, industry or government.
OPEN SPACEAn area that is intended to provide light and air, and is designed for environmental, scenic, or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.
OUTDOOR FUEL FURNACEAn outdoor fuel-burning appliance designed and constructed to burn wood, coal or other recognized fuel in compliance with the manufacturer's recommended specifications. An outdoor fuel furnace shall be deemed to be an accessory structure intended for heating a structure that may be detached and separate from the accessory structure which contains the outdoor fuel furnace.
OUTDOOR STORAGE (COMMERCIAL)The keeping, in an unroofed area, of any goods, material, merchandise, equipment or vehicles which are related to the operation of a commercial business, excluding the storage of solid waste, hazardous substances, refuse, junk, junked vehicles, discarded and/or any inoperative durable items.
PARCELA continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.
PATIOAn open recreational area or structure, without roof, constructed no higher than six inches from the ground level and resting directly on the ground. It may be attached to or detached from the principal building and may be constructed using wood, masonry, pavement, stone, or other material suitable for that purpose.
PARKING SPACEAn unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
PERMANENT FOUNDATIONA support for a building or structure, reaching below the frost line, consisting of a full poured concrete or masonry foundation or any other type which is permitted under the design standards of the Pennsylvania Uniform Construction Code, on which the building or structure is anchored and is intended to remain indefinitely.
PERSONAL-CARE HOMEA facility, as defined under current state licensing requirements, and licensed as such, in which food, shelter and personal assistance or supervision are provided for a period exceeding twenty-four consecutive hours for more than three adults who are not relatives of the operator of the facility and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self administration but who do not require hospitalization or care in a skilled nursing or intermediate care facility.
PERSONAL SERVICESAny enterprise conducted for gain, which primarily offers services to the general public, such as shoe repair, valet service, watch repairing, barber shops, beauty parlors, and related activities.
PLACE OF WORSHIPA building used for religious services, including churches, synagogues, mosques and similar edifices.
PLANNED RESIDENTIAL DEVELOPMENTAn area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, with a development plan which does not correspond in lot size, bulk or type of dwelling density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of this chapter.
PRINCIPAL SOLAR ENERGY SYSTEM (PSES)An area of land or other area used for a solar collection system principally to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more free-standing ground, or roof mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
PRINCIPAL USEThe main use of land or structures, as distinguished from a secondary or accessory use.
PRIVATESomething owned, operated and supported by private individuals or a corporation, rather than by government, and not available for public use.
PROPERTY OWNERS ASSOCIATIONA nonprofit corporation organized by the developer or homeowners of a residential development for the purpose of establishing an association of all property owners in a private development which purposes shall include the ownership and maintenance of open space common areas and all development improvements and facilities.
PROTECTED USE or PROTECTED STRUCTUREAny place of worship, public use, public building, school, college, or health care facility. This term shall not apply to accessory buildings, garages, or storage buildings.
PUBLICSomething owned, operated and supported by the community, residents or other entity, governmental or private, for the use and benefit of the general public.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the Dallas Township Board of Supervisors, Planning Commission or Zoning Hearing Board which is intended to inform and obtain public comment prior to taking action on a particular subject matter or development.
PUBLIC MEETINGA forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."
PUBLIC NOTICENotice published once each week for two successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than 30 days and the second publication shall not be less than seven days from the date of the hearing.
PUBLIC USESPublic parks and administrative, cultural and service buildings, excluding public land or buildings primarily devoted to the storage and maintenance of equipment or material.
PUBLIC UTILITYA private corporation or municipal authority with an exclusive franchise for providing a public service that operates under regulations of federal, state and/or local government.
PUBLIC UTILITIES FACILITIES (ESSENTIAL)Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves, or structures, pumping stations; telephone exchanges, and all other facilities, equipment and structures necessary for conducting a service by a public utility under the jurisdiction of the Pennsylvania Public Utility Commission, in accordance with Section 619 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.
PUBLIC UTILITY TRANSMISSION TOWERA structure owned and operated by a public utility electric company regulated by the Pennsylvania Public Utility Commission, designed and used to support overhead electricity transmission lines.
QUASI-PUBLIC USEA use conducted by, or a facility or structure owned or operated by, a nonprofit organization that is open and available to the public that provides educational, health, cultural, religious, recreational or other similar types of community services.
RECREATIONAL FACILITIES, PRIVATERecreational facilities other than commercial or public, not operated for a profit, and only open to its members and their guests.
RECREATIONAL FACILITIES, PUBLICRecreational facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization and open to the general public.
REPORTAny letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed as a recommendation and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceedings upon request, with copies thereof provided at the cost of reproduction.
RESTAURANTA business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in indispensable containers, and where the customer consumes these foods while seated at tables or counters located within the building.
RESTAURANT, FAST-FOODAn establishment which offers quick food service, including drive-through service, which is accomplished through a limited menu of items already prepared or prepared, fried, or grilled quickly. Orders are not generally taken at the customer's table and food is generally served in disposable wrapping or containers.
RIGHT-OF-WAYA strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer line, or other special use.
RIPARIAN LANDLand that is traversed or bounded by a natural watercourse.
ROAD-INTENSIVE USES[Added 10-24-2011 by Ord. No. 2011-2]A. The following special exception uses shall be deemed to be road-intensive uses:
(1) Ancillary facilities of oil or gas development.
(2) Hydraulic fracturing water treatment facility.
(3) Hydraulic fracturing water withdrawal facility.
(4) Oil or gas compressor station.
(7) Forestry activities which include timbering.
B. Any party that owns, operates, manages or otherwise controls a road-intensive use shall be designated a "road-intensive use operator."
ROOMING UNITA room or rooms in a boardinghouse and/or rooming house forming a single habitable unit intended for living quarters but lacking separate bathroom, toilet and sanitary facilities and facilities for cooking and sleeping for exclusive use by occupant or occupants of the rooming unit.
SATELLITE DISH ANTENNAA device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrial- and orbital-based uses. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations. TVROs (television reception-only satellite dish antennas), and satellite microwave antennas. A satellite dish antenna that does not exceed three feet in diameter and is attached to a building shall be exempt from securing zoning approval.
SCHOOLA facility, whether public or private, that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high schools, charter schools, special-education facilities, and high schools that are licensed by the state as such. The term also includes a use, whether public or private, providing for educational and vocational training. This term does not include child-care facilities, adult-care facilities or home schooling.
SCREENINGThe method by which a view of one site from another adjacent site is shielded, concealed or hidden. Screening techniques include fences, walls, hedges, berms or other features.
SEATING CAPACITYThe actual seating capacity of an area based upon the number of seats or one seat per 18 inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the most recent standards under the BOCA Code or Pennsylvania Uniform Construction Code, based upon the more restrictive standards.
SELF-SERVICE STORAGE FACILITYA building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual compartmentalized and controlled access stalls or lockers which are leased to individuals for the storage of the individual's property, possessions or wares.
SETBACKThe required minimum horizontal distance between the building line and the related front, side or rear property line.
SEWAGE DISPOSAL, CENTRALIZEDA sanitary sewage collection system, approved by the Pennsylvania Department of Environmental Protection, in which sewage is carried from individual lots by a system of pipes to a publicly owned central treatment and disposal facility.
SEWAGE DISPOSAL, ON-LOTAny facility designed to biochemically treat sewage within the boundaries of an individual lot in accordance with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection.
SEXUALLY ORIENTED BUSINESSA. SEXUALLY ORIENTED BOOKSTOREAn establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
B. SEXUALLY ORIENTED ENTERTAINMENTA nightclub, bar, restaurant, club or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videocassettes, 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.
C. MASSAGE PARLORAn establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
D. SPECIFIED ANATOMICAL AREASSpecified anatomical areas, as used above within the definitions of "adult bookstore" and "adult entertainment" means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
E. SPECIFIED SEXUAL ACTIVITIESSpecified sexual activities as used above within the definitions of "adult bookstore" and "adult entertainment" means and includes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth as an "adult use."
SIGNA structure or device designed or intended to convey information to the public in written or pictorial form.
SIGN AREAThe entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals, or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letter or devices. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be so constructed that the perimeter of both faces coincide and are parallel and not more than 24 inches apart.
SITE PLANA plan prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, and features proposed for a specific parcel of land.
SKILLED-NURSING FACILITYA facility, as defined under current state licensing requirements, that provides nursing care and related medical or other health services for a period of 24 hours or more for individuals not in need of hospitalization, but who, because of age, illness or other infirmity, require high-intensity comprehensive planned nursing care.
SMALL WIND ENERGY CONVERSION SYSTEM- ("SMALL WECS")A wind energy conversion system that is incidental and subordinate to another use on the same parcel and supplies electrical power solely for on-site use, which is intended to primarily reduce consumption of utility power at that location and not for resale.
SPECIAL EXCEPTIONA use which may only be permitted in a particular zoning district, by special approval, granted by the Zoning Hearing Board in accordance with the applicable provisions of this chapter.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR CELLThe smallest basic solar electric device which generates electricity when exposed to light.
SOLAR EASEMENTA right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for solar energy systems and recorded in the Office of the Recorder of Deeds of Luzerne County.
SOLAR ENERGYRadiant energy (direct, diffuse and/or reflective) received from the sun.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
SOLAR PANELThat part or portion of a solar energy system containing one or more receptive cells or modules, the purpose of which is to convert solar energy for use in space heating or cooling, for water heating and/or for electricity.
SOLAR RELATED EQUIPMENTItems including a solar photovoltaic cell, module, panel, or array, or solar hot air or water collector device panels, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for or intended to be used for collection of solar energy.
SOLID WASTE OR WASTEAny garbage, refuse, industrial, lunchroom or office waste or other material including solid, liquid, semisolid or contained in gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, excluding "hazardous substances" as so defined by this chapter and "hazardous waste," as so defined by the Pennsylvania Department of Environmental Protection, pursuant to Chapter 271.1, under the Solid Waste Management Act, as amended.
SOLID WASTE FACILITYAny facility whose operations include the following as defined and regulated by the Pennsylvania Department of Environmental Protection: landfills, transfer facilities, refuse vehicle staging areas, resource recovery facilities, waste disposal and processing facilities, and recycling facilities.
STORYThat portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling above. A basement shall be counted as a story if its ceiling equals or exceeds five feet of the finished ground surface adjoining the exterior walls of such story.
STREETA public (dedicated) or private (undedicated) right-of-way, whether or not improved, intended for use by vehicular and pedestrian traffic.
STRUCTUREAny man-made object, having an ascertainable stationary location on or in land or water, whether or not it is affixed to the land.
STUDENT HOMEA living arrangement for a maximum of four students as defined in this chapter. Student homes shall not include dormitories, fraternities, sororities, or apartment buildings. A "student home" includes a dwelling located off campus from any higher education facility or trade school in which students reside. "Student home" does not include the home of a student that is occupied solely by the student and his or her family members in an existing single-family home. A student home shall include any combination of graduate students, undergraduate students and/or trade school students living in the same dwelling unit.
STUDENT RESIDENCE HALLSHousing facilities that are only occupied by students and/or staff of a college or university and that are owned, leased and/or operated by a college or university. Such housing facilities may be in the form of townhouses, apartments, dormitories or any other dwelling type, but shall not be regulated by the definition of a "family."
STUDENT TENANTAn individual who is enrolled or has made application and been accepted at a university, college or trade school and is taking at least six credit hours and whose primary occupation is as a student, or who is on a semester or summer break from studies at a college, university or trade school. The term "student" shall apply to both undergraduate and graduate students alike.
SUBDIVISIONThe division or redivision of a lot, tract or parcel of land into two or more lots, tracts or 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 of buildings or lot development.
SUBSTANCE-ABUSE TREATMENT FACILITYStructures and land used for the treatment of substance-abuse patients, including alcohol or other drug abuse, at which the facility provides treatment, including inpatient care which may include meals and lodging.
TIMBER HARVESTINGThe cutting and removal of trees from their growing site, including the attendant operation of cutting and skidding machinery, for commercial purposes which does not involve any land development. (See Article
VIII, Supplemental Regulations.)
TOWERA structure situated on a nonresidential site or lot which is intended for transmitting or receiving television, radio, or telephone communications. (Also see "communications tower.")
TOWNHOUSEA single structure consisting of not less than three or more than six dwelling units. Each dwelling unit shall have direct ground-level access to the outdoors and connected to other dwelling units by one or more party walls with no opening or connecting interior access between units. No dwelling units shall be located over or below another unit.
TOWNSHIPTownship of Dallas, Luzerne County, Pennsylvania.
TRANSFER STATIONA facility which receives and temporarily stores solid waste at a location other than the generation site, which facilitates the bulk transfer of accumulated solid waste to another facility or site for further processing and/or disposal of said solid waste. Said use shall be classified and regulated as a "solid waste facility."
TRUCKING FACILITYA structure, building and/or land consisting of a storage area, management and dispatch office and loading and unloading facilities connected with receipt or delivery of freight shipped by truck.
TURBINE HEIGHTThe distance measured from the surface of the tower's foundation to the highest point of the turbine rotor plane at its furthest vertical extension.
VARIANCEA waiver granted by the Zoning Hearing Board from the terms and requirements of this chapter in accordance with §
95-152 of this chapter.
WAREHOUSEA building used primarily for storage of goods and material.
WAREHOUSING AND DISTRIBUTIONA use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment, excluding the bulk storage of material that are flammable, explosive, hazardous or commonly recognized as offensive.
WATER IMPOUNDMENT, FRESHA depression, excavation, pit, or facility situated in or upon the ground at an oil or gas well site, hydraulic fracturing water treatment facility or hydraulic fracturing water withdrawal facility, whether natural or artificial and whether lined or unlined, used to store fresh water for uses related to oil or gas development.
WATER IMPOUNDMENT, WASTEA depression, excavation, pit, or facility situated in or upon the ground, whether natural or artificial and whether lined or unlined, used to store wastewater, including but not limited to brine, fracturing fluid or residual waste.
WATER SUPPLY SYSTEM, CENTRALIZEDA public or privately owned system, under the jurisdiction of the Pennsylvania Public Utility Commission, designed to transmit potable water from a common source to users, and in compliance with the governing standards of all applicable state agencies. Any water supply system not deemed as a centralized water supply system shall be deemed to be an on-site water supply system.
WATERCOURSE, NATURALAny stream, creek, river, channel or similar waterway in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed, and banks.
WELLNESS AND FITNESS CENTERSFacilities that may be indoor and/or outdoor that offer educational and/or interactive programs for health care, health maintenance, wellness, and/or other health-related subjects, and/or facilities that may include health spa, weight rooms, exercise rooms, exercise equipment, exercise pools, and/or other similar exercise club or fitness center facilities, and may offer rehabilitation, therapy, and/or health maintenance, sports, or physical-performance-related training programs. The term excludes a substance abuse treatment facility.
WETLANDSThose areas that are inundated or saturated by the surface or groundwater at a frequency or duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes but is not limited to wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and any wetland area designated by a river basin commission.
WIND ENERGY CONVERSION SYSTEM ("WECS")A machine designed for the purpose of converting wind energy into electrical energy (commonly known as "wind turbine" or "windmill"). The term “WECS” shall be used interchangeably with the terms "wind turbine" or "windmill," with said terms having the same meaning as a “wind energy conversion system” ("WECS").
WECS, COMMERCIALA WECS that is the prime use on a parcel of land and supplies electrical power for off-site use.
WIND ENERGY FACILITYA commercial electric-generating facility whose main purpose is to supply electricity to off-site customer(s), consisting of one or more commercial WECS, and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
YARDAn open space that lies between the principal building and the nearest lot line. Such yard is unoccupied and unobstructed from the ground up except for accessory buildings or projections which are expressly permitted by this chapter.
YARD, FRONTA space extending the full width of the lot between the principal building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.
YARD, REARA space extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line.
YARD, SIDEA space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.
ZONING DISTRICTA portion of Dallas Township illustrated upon the Official Zoning Map, within which certain uniform regulations and requirements apply under the provisions of the Zoning Ordinance.
ZONING MAPThe official map which is part of the Zoning Ordinance and indicates and delineates the zoning districts of Dallas Township, Luzerne County, Pennsylvania.
ZONING OFFICERThe administrative officer appointed by the governing body to administer and enforce the Zoning Ordinance of Dallas Township, Luzerne County.