General definitions. As used in this chapter, the following terms shall have the meanings indicated:
ABUTTING or ABUTSContiguous lots that share a common lot line, including lots located directly across from one another and separated by a street or waterway.
ACCESSA way of providing ingress, egress, and regress to a lot.
ACCESS DRIVEAn improved cartway designed and constructed to provide for vehicular movement between a public or private street and off-street parking or loading areas, buildings or uses.
ACCESSORY STRUCTUREA structure not attached to, but located on the same lot as the principal structure, which is used to serve a purpose customarily incidental to and subordinate to the use of the principal structure. An addition to a principal building shall not be considered an accessory building, but shall be considered part of the principal building.
ACCESSORY USEA use customarily incidental and subordinate to the principal use or principal structure and located on the same lot as the principal use or structure.
ADDITIONA new structure attached to an existing structure that increases the size of the existing structure.
ADJOININGA lot having a common or shared lot line with a contiguous lot, or being separated by a street, waterway, right-of-way, or easement. This term includes the words "adjacent" or "abutting."
ADULT BOOKSTOREAn establishment where 10% or more of the total retail floor area is occupied by books, magazines, periodicals, photographs, films, motion pictures, videocassettes, slides, instruments, devices, paraphernalia or things that have a clear emphasis on depicting or describing explicit sexual activities or specified anatomical areas.
ADULT CARE CENTERA use providing supervised care and assistance to persons who need such daily assistance because of their old age or disabilities. This use shall not include persons who need oversight because of behavior that is criminal, violent or related to substance abuse. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.
ADULT ENTERTAINMENTLive entertainment where persons performing expose specified anatomical areas or display, simulate or carry out explicit sexual activities, including entertainers performing in a state of nudity (either partially or completely) or performing or dancing with "pasties" or "G-strings" or other means to cover portions of the anatomical areas of one's body leaving other areas exposed.
ADULT MASSAGE PARLORAn establishment where a massage is performed for some form of consideration on a person with the use of one's hand or a mechanical device. This term does not include any type of massage therapy or treatment performed by a licensed medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional licensed by the state, or any accessory use to a permitted athletic or health club, educational facility, or similar establishment.
ADULT MOVIE THEATERA use where persons expose specified anatomical areas or display, simulate or carry out explicit sexual activities on film, motion pictures, videos, slides, or other forms of reproducing images that have an emphasis on depicting explicit sexual activities or specified anatomical areas.
ADULT USEIncludes an adult bookstore, adult entertainment, adult movie theater, and adult massage parlor.
AFTER-HOURS CLUBA use that permits the consumption of alcoholic beverages by any number of 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 where the alcohol is consumed.
AGRIBUSINESSAn agricultural operation that involves one or more of the following:
(1) CONCENTRATED ANIMAL FEEDING OPERATION (CAFO)An agricultural operation that meets the criteria established by the Department of Environmental Protection under authority of the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," where the operation has greater than 300 AEUs, any agricultural operation with greater than 1,000 AEUs, or any agricultural operation defined as a large CAFO under 40 CFR 122.23.
(2) CONCENTRATED ANIMAL OPERATION (CAO)An agricultural operation that meets the criteria established by the State Conservation Commission in regulations under the authority of Title 3 (Agricultural) Pa.C.S.A. Chapter 5 (relating to nutrient management and odor management) in Chapter
125, Subchapter D (relating to nutrient management) where the operation has eight or more animal equivalent units (AEUs) where the animal density exceeds two AEUs per acre on an annualized basis.
(3) Other agribusinesses include any agricultural operation other than a CAFO or CAO, whether involving animal, animal product, or vegetable production, which occurs within an enclosed building exceeding 10,000 square feet of gross floor area.
AGRICULTURALCrop farming, plant nursery and animal husbandry. See "agricultural uses."
AGRICULTURAL EQUIPMENT SALES AND RENTALSAn establishment primarily engaged in the retail sale and/or rental of specialized machinery, equipment, and related parts generally used in agricultural, farm, and lawn and garden activities.
AGRICULTURAL OPERATIONAn 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 aqua cultural 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 by farmers or are consistent with technological development within the agricultural industry. The term does not include an agribusiness, concentrated animal operation (CAO), and concentrated animal feeding operation (CAFO).
AGRICULTURAL PRODUCT MARKETING AND SALESAn enterprise conducted upon, and accessory to, an active principal agricultural operation for the purpose of directly marketing agricultural products, in their natural or manufactured state, produced by the agricultural operation. The term includes any on-site processing, packaging, or other activity performed in the course of direct marketing of the agricultural products produced by the agricultural operation. This term also includes roadside stands, farm markets, "pick-your-own" operations, and other similar uses.
AGRICULTURAL-RELATED BUSINESSA use primarily engaged in servicing the needs of an agricultural operation by providing goods and services needed for and supporting agricultural operations. Agricultural-related businesses may involve commercial uses limited to:
(1) Agricultural equipment and other similar heavy-duty motor vehicle repair and service;
(3) Processing, preparation and retail sale of locally produced agricultural products;
(4) Feed and farm supply stores and distributors; and
(5) Warehousing, distribution, and wholesaling of agricultural products, supplies or equipment.
AGRITOURISMAn enterprise conducted upon, and accessory to, an active principal agricultural operation or agribusiness use, providing a combination of agriculture, entertainment, education, recreation, or active involvement elements, characteristics, and experiences related to the agricultural operation or agribusiness. Activities include hayrides, pony rides, wine tasting, cornfield-maze contests, farmer's markets, harvest festivals, rodeos, western-style equestrian events and contests, including but not limited to barrel racing and steer sorting that are offered to the public or to invited groups for the purpose of recreation, entertainment, and education.
AIRCRAFTAn airplane, helicopter, hot air balloon, or other device capable of flight. The term does not include an unpowered hang glider or parachute.
AIRPORTAn area used for the landing and taking-off of aircraft carrying either people or cargo, whether public or private. See also "heliport."
AISLEThe traveled way by which vehicles enter or depart a parking space.
ALLEYA public or private way affording secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONSIncludes any change, addition, extension, enlargement, replacement, or movement of a building or structure.
ANIMAL DAY CAREA use that involves the keeping of more than a total of five dogs, cats or other domestic pets for temporary care a maximum of 12 hours per day.
ANIMAL KENNELA place where more than five animals are kept, housed, boarded, bred or trained. The term includes the keeping of a greater number of dogs or cats or combination of dogs or cats in excess of those permitted under this chapter or the keeping of pets.
APARTMENT BUILDINGA multifamily residential building constructed as a single building containing three or more single-family residential dwelling units. The term is considered a multifamily dwelling unit under this chapter.
APPLICANTA landowner, developer, or authorized agent of a landowner or developer, who has filed a zoning application with the Zoning Officer under the Zoning Ordinance.
ASPHALT, BATCH OR CONCRETE PLANTThe use of land for the production of asphalt, concrete, or asphalt or concrete products, including storing or stockpiling of materials used in the productions process or of finished products manufactured on the property and the storage and maintenance of required equipment.
ASSISTED-LIVING RESIDENCEAny premises in which food, shelter, assisted-living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation from the residence in the event of an emergency or medication prescribed for self-administration.
ATTICThat part of a building which is immediately below and completely or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of 6.5 feet or more, and a permanent stationary interior access stairway to a lower building story.
AUDITORIUMIncludes arenas, conference centers, performing arts centers, and places where exhibitions or trade shows are held.
AUTOMOBILEA motor vehicle, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation powered by an engine or other mechanized means and designed to operate and carry persons or cargo on public streets. See also the definition of "motor vehicle."
AUTOMOBILE REPAIR GARAGEAn establishment where repairs, installations and improvements are made to motor vehicles, motorcycles, recreational vehicles or boats. This use includes the installation of parts and accessories; the performing of mechanical repairs, bodywork, painting, welding and the rebuilding of any motor vehicle, motorcycle, recreational vehicle, boat, or trailer. The term "trailer," as used in this definition, refers to a device used to transport, tow, pull or haul a vehicle. The term also includes an automobile storage compound.
AUTOMOBILE SERVICE STATIONAn establishment where gasoline or other petroleum products are sold and light automotive maintenance activities are performed such as oil changes, tune-ups, tire changing and other minor repairs.
AUTOMOBILE, BOAT, EQUIPMENT, HOME AND RECREATIONAL VEHICLE SALESThe use of any building, structure or land for the outdoor or indoor display, sale or rental of automobiles, recreational vehicles, boats, motorcycles, trucks, trailers, mobile, manufactured or modular homes. This term may include repairs as an accessory use, provided that the requirements for an automobile repair garage are also met. The term does not include a manufactured home community or junkyard.
BANQUET HALLAn establishment which is rented by individuals or groups to accommodate private functions, including banquets, weddings, anniversaries and other similar celebrations. Such a use may include kitchen facilities for the preparation or catering of food, and the furnishing of alcoholic beverages for on-premises consumption during scheduled event.
BARAn establishment used primarily for the sale or dispensing of alcoholic beverages, which may have live entertainment and food as secondary uses. The term does not include a tavern.
BASEMENTA portion of a building that is partly or completely below grade or underground. A basement constitutes a story if the majority of the basement has a clearance from floor to ceiling of 6 1/2 or more feet; and the top of the ceiling of the basement is an average of five feet above the finished grade along the majority of the front side of the building that faces onto a street. A building that has a walk-out basement in the rear does not count towards the maximum number of stories of a building.
BED-AND-BREAKFASTAn owner-occupied dwelling containing not more than eight bed-and-breakfast units which are rented on a nightly basis for periods of not more than one month. Dining and other facilities are not to be open to the public, but are to be used exclusively for the residents and registered guests. Such rooms are not to have separate cooking facilities but are to be a part of the principal structure.
BEEKEEPINGThe raising or keeping of bees within a man-made enclosure (beehive) for hobby or business purposes.
BETTING USEA use licensed by any authorized governmental agency wherein gambling activities are conducted such as off-track horse-racing betting establishments and mini-casinos. The term does not regulate state lottery sales or lawful small games of chances.
BOARDA body granted jurisdiction under this chapter or the provisions of the Pennsylvania Municipalities Planning Code, Act 247 as amended, to render final adjudications or decisions.
BOARDING HOUSEA residential building or portion thereof containing dwelling units rented for habitation for a specified time period of more than five days, or on a week-to-week, month-to-month, or year-to-year basis, with the occupants of the units being nontransient and utilizing the location as their domicile. The term does not include a dwelling unit, hotel or motel, personal care home, nursing home, assisted-living facility, bed-and-breakfast, dormitory, or group home. The term may or may not involve providing meals to residents or providing shared cooking facilities.
BOTTLE CLUBAn establishment operated for profit or pecuniary gain which is not licensed by the Pennsylvania Liquor Control Board and admits patrons upon payment of a fee, cover charge or membership fee and in which alcoholic liquors, alcohol or malt or brewed beverages are not legally sold but where alcoholic liquors, alcohol or malt or brewed beverages are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use and consumption. The term shall not include a licensee under the Liquor Code or any organization as set forth in Section 6 of the Solicitation of Funds for Charitable Purposes Act.
BREWERY PUBA retail establishment with on-premises consumption of malt or brewed beverages produced at and owned by the brewery in the same premises, and which is licensed by the Pennsylvania Liquor Control Board. A brewery pub may also sell, for on-premises consumption, wine manufactured by the holder of a Pennsylvania limited winery license. The term includes a microbrewery.
BUFFER AREA or BUFFER YARDA strip of land area intended to separate one use from another use, wherein no structure, building, parking area, loading space, or storage may be located unless otherwise specified in this chapter. A buffer area or yard may be part of a minimum setback distance.
BUILDINGAny roofed structure intended for shelter, housing or enclosure of persons, animals, or property. A building is interpreted as including "or part thereof" or addition. Any structure having a roof attached to a principal building shall be considered part of the principal building.
BUILDING AREA or BUILDING COVERAGEThe total area of outside dimensions at ground level of the principal building and all accessory buildings. Percentage of building area or coverage is calculated by dividing the maximum horizontal area in square feet of all principal and accessory buildings and attached structures covered by a permanent roof on a lot by the total lot area of the lot upon which the buildings are located.
BUILDING HEIGHTThe vertical distance measured from the mean level of proposed finished grade at the perimeter of the exterior walls of the structure to the highest point of the roof for flat roofs; and to the bottom of the eaves for all sloped roofs. Where any, or all, of a sloped roof is above the maximum building height, there shall be no occupied living or work space within the structure above the maximum building height. The maximum height of bottom of eave to ridge of roof for sloped roofs is 20 feet.
BUILDING SETBACK LINEThe actual distance between the closest part of a building including roof overhangs, but excluding projections permitted under this chapter and in the case of a:
(1) Front yard, all adjoining street right-of-way lines;
(2) Side yard, all side lot lines; and
(3) Rear yard, all rear lot lines.
BUILDING WIDTHThe horizontal measurement between two vertical structural walls that are generally parallel of one building, measured in one direction that is most closely parallel to the required lot width.
BUILDING, ACCESSORYA subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental or secondary to the principal use.
BULK RECYCLING CENTERA use involving bulk commercial collection, separation and/or processing of types of waste materials found in the typical household or office for some productive reuse, but which does not involve the actual processing or recycling of hazardous or toxic substances, and which does not primarily involve the processing of nonrecycled solid waste. This use shall not include a junkyard.
BYOB CLUBAny facility operated for profit or pecuniary gain which is not licensed by the Pennsylvania Liquor Control Board wherein patrons may consume alcoholic liquors, alcohol or malt or brewed beverages which said patrons have carried or brought into the premises. The term shall not include a licensee under the Liquor Code, any organization as set forth in Section 6 of the Solicitation of Funds for Charitable Purposes Act or any facility which is rented for a limited period of time, not to exceed 10 hours, by an individual or organization for the purpose of a private party.
CAR WASHA building where automobiles are cleaned mechanically, using a conveyor, sprayer, blower, steam-cleaning equipment or other device. The use includes a place where motor vehicles are primarily cleaned, washed or waxed primarily with the use of a machine. The use may include detailing of motor vehicles by hand as an accessory use.
CAREGIVERThe individual designated by a patient to deliver medical marijuana.
CARPORTAny roofed accessory structure opened on one or more sides and used for the storage of private and personal motor vehicles.
CARTWAYThe surface of a street intended and available for use by vehicular traffic.
CEMETERYA place where humans or animals are buried or cremated. This term includes mortuaries and mausoleums, but not crematoriums.
CERTIFICATE OF ZONING COMPLIANCEAn official document issued by the Zoning Officer confirming that a structure, building, or use for which a zoning permit is required is in compliance with this chapter. This certificate authorizes the use or occupancy of a structure.
CERTIFIED MEDICAL USEThe acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized in a certification under the Pennsylvania Medical Marijuana Act, Pa. Act 16 of 2016, as amended, including enabling the patient to tolerate treatment for the serious medical condition.
CHANGE OF USEAny use which differs from the previous use of a building, structure or land.
CHECK-CASHING BUSINESSAn establishment engaged primarily in the cashing of checks by individuals or the deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date; or the offering of a loan until a paycheck would be received by the person receiving the loan. This term may not include any of the following:
(1) A state or federally chartered bank, savings association, credit union, or industrial loan association; or
(2) A retail store engaged primarily in selling or leasing items to retail customers and that cashes a check for a fee not routinely exceeding 1% of the check amount as a service to its customers incidental to the retail store principal use.
CHILD CAREA use involving the supervised care of children under age 18 outside of the children's own home primarily for periods of less than 18 hours during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school.
CHILD-CARE CENTERA facility licensed by the Pennsylvania Department of Human Services (DHS) in which seven or more children under the age of 16 unrelated to the operator receive child care services outside of their homes primarily for periods of less than 18 hours per child during the average day. This use may also include educational programs such as "Head Start." The following three types of child care uses shall not be considered a child-care center and are permitted by right without regulation under this chapter:
(1) Care of up to six children by their own relatives.
(2) Care of children within a place of worship during regularly scheduled religious services.
(3) Care of up to three children within any dwelling unit, in addition to children who are relatives of the caregiver.
CITYThe City of Hazleton, County of Luzerne, Commonwealth of Pennsylvania.
CITY COUNCILThe elected officials of the City of Hazleton consisting of five elected Council members.
CITY ENGINEERThe person appointed by the Mayor to provide engineering and professional consulting services.
CITY PLANNING COMMISSIONThe Board responsible for among other things reviewing and recommending on:
(1) Repairs and demolition of Historical buildings in the Historical Overlay District.
(2) Construction and improvements to buildings and uses in the Downtown Overlay District.
(3) Special exception, conditional use and use variance applications when requested by the Zoning Board.
CITY SOLICITORThe person or firm appointed by the Mayor to provide legal services and advice to City Council and the Mayor.
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.
CLUBA building primarily used for nonprofit social, educational, or recreational purposes. A club does not include any use where services or goods are sold primarily as a business or for a profit such as a nightclub or bottle club.
CO-LOCATIONThe mounting of wireless communications antennas used by two or more providers on the same antenna support structure, monopole, antenna tower, or other mounting structure.
COMMERCIAL USEA use that is carried on for profit by the owner, lessee, or licensee. The use includes, but is not limited to, retail sales, offices, personal services, and the sale of goods or services from a building, structure or automobile.
COMMON OPEN SPACEA parcel or parcels of land, or a combination of land and water, located within a development and designed and intended for the use or enjoyment of residents of that development, exclusive of streets, off-street parking areas and areas set aside for public facilities.
COMMUNICATION FACILITY, SMALL WIRELESSAny equipment for the receiving or transmitting of wireless signals for commercial purposes, such as cellular telephone services, personal communications services (PCS), fleet communications systems and similar commercial facilities, whether operated in support of another business activity or available for the transmission of signals on a sale or rental basis; and all equipment required for the operation and maintenance of so-called "small cell" radio-frequency microwave communications systems that transmit and/or receive signals. This term does not include communication tower.
COMMUNICATIONS ANTENNAA device used for transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service or any other wireless communications signals, including without limitation, omnidirectional or whip antennas, directional and panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition does not include private residence-mounted satellite dishes, or television antennas or amateur radio equipment including, without limitation, citizen-band radio antennas.
COMMUNICATIONS EQUIPMENT BUILDINGAn unmanned building or cabinet containing communications equipment required for the operation of communications antennas and covering an area on the ground not greater than 250 square feet.
COMMUNICATIONS TOWERA structure other than a building, such as a monopole, self-supporting, or guyed tower, designed and used to support communication antennas.
COMMUNICATIONS TOWER, HEIGHTThe vertical distance measured from the ground level to the highest point on a communication tower, including antennas mounted on the tower.
COMMUNITY CENTERA use existing solely to provide religious, fraternal, social and recreational programs and activities to the public or a designated group of persons in a community. This use shall not include a residential use or group home.
COMPOSTThe conversion of organic matter, such as yard waste, into fertilizer.
CONDITIONAL USEA use only permitted in a particular zoning district by approval of the governing body in accordance with the applicable provisions of this chapter. The use will find classification under the heading conditional use for the zoning district in which the property is located.
CONDOMINIUMA set of individual dwelling units or other areas of buildings, each owned by a person in fee simple, with such owner assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980 or the Pennsylvania Planned Community Act of 1996, as amended. The term is considered a multifamily dwelling unit or use for purposes of this chapter.
CONSPICUOUSPosting a notice or permit so as to place the public on notice of the issuance of a permit, the intended work or use to be conducted on a property, or the date, time, place, and purpose of a hearing in a manner in which a reasonable person would not believe they were trespassing while viewing it.
CONSTRUCTIONThe placement of materials and equipment in a defined area to be assembled, built, applied, or demolished in a temporary or permanent manner.
CONTRACTOR STORAGE YARDIncludes any lot or structure, or part thereof, used to store materials used by a contractor in a construction trade such as the building, construction or installation of a street, or structure or the parts of a structure (electrical, plumbing, etc.). This term includes construction contractors, excavators, paving contractors, landscapers, and other similar construction trades.
CONVENIENCE STOREAny retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with a convenience store. The accessory retail sales of gasoline or fuel products is permitted when specified in this chapter.
CONVERSION or CONVERTEDTo change or adapt improved property to a use, occupancy, or purpose other than what was intended at its time of construction.
COUNTYLuzerne County, Pennsylvania.
CREMATORIUMA facility equipped with a furnace where corpses are burned and reduced to ashes. The term also includes a cremation chamber or crematory furnace, which is an enclosed chamber in which heat is produced to heat buildings, destroy refuse, smelt or refine ores.
DECISIONA final adjudication of any board or other body granted jurisdiction under any land use ordinance or the Pennsylvania Municipalities Planning Code, Act 247, as amended, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions are appealable to the Court of Common Pleas of Luzerne County.
DENSITYThe total number of dwelling units permitted on a lot typically measured per acre.
DESTROYThe complete killing of noxious weeds or noxious weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, or any combination, in a manner that will effectually prevent the noxious weed from maturing to bloom or flower stage.
DETERMINATIONA final action by the Zoning Officer charged with the administration of this chapter, except City Council; the Zoning Hearing Board; and City Planning Commission, only if and to the extent the City Planning Commission is charged with final decision on preliminary or final plans under the SALDO. Determinations may be appealed only to the boards designated as having jurisdiction for such appeal.
DEVELOPERIncludes a person who buys or develops buildings and land in order to make a profit.
DEVELOPMENTAny man-made change to improved or unimproved land, including but not limited to buildings or other structures.
DOMESTIC COMPOSTA portable structure used and properly maintained by on-site residents to convert household organic waste into materials useful for gardening and lawn care.
DOMESTIC PETSA dog, cat, rabbit, gerbil, lizard, parrot or other animal normally or ordinarily kept in the dwelling of its owner or under the control of its owner. This term does not include agricultural animals such as cows, goats, horses, chickens, hens, roosters, hogs, or sheep, and exotic or wild animals including wolves, wolf-dog hybrids, tigers, lions, bears and venomous or constrictor snakes.
DORMITORYA building used as living quarters for the exclusive use of bona fide full-time faculty or students of an accredited college or university or primary or secondary school, and which is owned by and on the same lot as such college, university or school.
DRIVE-IN OR -THROUGH FACILITYAn establishment which by design, physical facilities or service encourages or permits customers to receive or purchase services or goods while remaining in their vehicles.
DRIVEWAYSEvery entrance or exit used by vehicular traffic to or from properties abutting a road. The term includes existing and proposed streets, lanes, alleys, courts and ways.
DWELLINGA building or structure used for residential purposes. This term does not include hotels, motels, boarding houses, rooming houses, group homes, personal care or nursing home, or other uses intended for transient occupancy.
DWELLING TYPESIncludes the following types of dwelling units:
(1) SINGLE-FAMILYA residential building containing one dwelling unit to accommodate one family.
(2) TWO-FAMILYA residential building containing two dwelling units each accommodating one family, and entirely separated from each other by vertical walls or horizontal floors, excluding possible common access to enter or exit the building or for access to a common cellar or basement. The term "two-family" includes twins or duplexes. Dwelling types for purposes of this chapter includes modular homes, but shall not include manufactured homes or manufactured home communities.
(3) MULTIFAMILYA residential building containing three or more dwelling units each accommodating one family. The term includes apartments, condominiums, townhouses, and row houses.
DWELLING UNITA building or portion thereof arranged or designed so as to create an independent housekeeping establishment for occupancy by one family with separate bathroom, toilet and sanitary facilities and facilities for cooking and sleeping for exclusive use by the family residing therein. The term excludes manufactured homes but includes modular homes.
EARTH DISTURBANCEA construction or other human activity which disturbs the surface of the land, including but not limited to: grubbing; grading; excavations; embankments; road maintenance; building construction; and the moving, depositing, stockpiling, or storing of soil, rock, or earth materials. The clearing of vegetation without disturbance of the land shall not be considered an earth disturbance activity.
EASEMENTA right of use over property of another, or an interest which one has in the land of another. This right may be limited or unlimited depending on the grant. For purposes of this chapter, an easement should be commonly referred to as and considered a "street" for use of the owners of the burden and benefitted properties unless the easement agreement provides otherwise.
EMERGENCY SERVICESA building used for the housing of fire, emergency medical or police equipment and related activities.
ESSENTIAL PUBLIC UTILITY SERVICESUtility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. Essential services include the following and closely similar facilities: sanitary sewage lines, streets, water lines, electric distribution lines, stormwater management facilities, cable television lines, natural gas distribution lines, fire hydrants, streetlights and traffic signals. Essential services does not include a central sewage treatment plant, a solid waste facility, communications towers and antennas, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
EXPLICIT SEXUAL ACTIVITIESIncludes the fondling or erotic touching of human genitals, private parts, buttocks, anus, or breasts and simulated or actual sexual acts, such as intercourse, oral copulation, sodomy and masturbation.
FAIRGROUNDSA place where vendors display and sell retail merchandise and food; and offer amusements to the general public on an occasional basis.
FAMILYOne or more of the following:
(1) Persons related by blood, marriage or adoption;
(2) Children placed into or receiving foster care; and
(3) Unrelated persons not in excess of four, who are living together, sharing household expenses, and occupying a single dwelling unit as a common housekeeping unit.
FAMILY CHILD-CARE HOMESA type of day-care facility registered with the Pennsylvania Department of Human Services (DHS) in which four to six children who are unrelated to the operator receive child-care services within a dwelling unit as an accessory use.
FENCEA structure constructed as a line of demarcation or barrier made of materials to enclose or screen areas of land.
FINANCIAL INSTITUTIONAn establishment primarily involved with loans and monetary transactions with routine public interaction such as a bank or lending institution regulated by FIDC.
FITNESS CLUBA building in which facilities are provided for recreational athletic activities, including but not limited to body-building and exercise classes, and shall include associated facilities such as a sauna and solarium.
FLEA MARKETRetail sale uses where more than one vendor displays and sells general merchandise that is new or used on a regularly occurring basis, including indoor and outdoor displays of merchandise.
FLOOR AREA, TOTALThe total floor space within a building measured from the exterior faces of exterior walls and from the center lines of walls separating buildings. Floor area shall specifically include, but not be limited to fully enclosed porches and basement and cellar or attic space that is potentially habitable and has a minimum head clearance of at least 6.5 feet. Floor area shall not include unenclosed porches, decks, or breezeways.
FORESTRY AND TIMBER HARVESTINGThe cultivation, cutting, or removal of trees for sale or for processing into wood products such as lumber. The term includes, but is not limited to, the planting, cultivating, harvesting, transporting and selling of trees or other forest products for commercial purposes. The term includes logging but excludes sawmills.
FRONTAGEA property line the length of which abuts a street or proposed street; the front lot line.
FUNERAL HOMEA building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in the preparation of the dead for burial, the performance of autopsies and other surgical procedures, the storage of caskets and other related funeral supplies and the storage of funeral vehicles. This term does not include crematorium.
GARAGE SALEThe accessory and temporary use of a lot upon which a dwelling unit is located for the occasional sale or auction of common household goods, furniture and items generated from the dwelling unit located on the lot. Any sale occurring more than six times in any given year shall be considered a retail sales establishment.
GARAGE, PRIVATEA building or structure for the private use of the owner or occupant of a principal building situated on the same lot for the storage of motor vehicles used or owned by the owner or occupant with no commercial facilities for mechanical service or repair.
GARDEN CENTERThe use of land, buildings or structures or part thereof for the purpose of buying or selling lawn and garden equipment, furnishing and supplies. The term includes a floral shop.
GLAREA sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility or ability to focus, or direct or indirect light from a use greater than 1/2 footcandle at habitable levels.
GRAVELA surface that is considered to be impervious when the intended use of the stone is for transportation purposes, parking areas, construction areas, trails, or if the gravel is compacted at any time during or after its placement; landscaping stone is not considered as impervious area. The term consists of and is sometimes referred to as crushed stone.
GREENHOUSEA building for the growing of flowers, plants, shrubs, trees and similar vegetation which are not necessarily transplanted outdoors on the same lot containing such greenhouse, but are sold directly from such lot at wholesale or retail.
GROCERY STOREA retail establishment offering for sale prepackaged food products, household items, and other goods with a sale area in excess of 12,000 square feet with or without the accessory retail sale of gasoline or fuel products.
GROUP CHILD-CARE HOMEA facility licensed by the Pennsylvania Department of Human Services (DHS) in which between seven to 12 children unrelated to the operator receive child-care services within a dwelling unit.
GROUP HOMEA dwelling unit occupied by unrelated persons who function as a common household unit operated by a responsible individual, family or organization with a program to provide supportive living arrangements to persons with special needs due to age, infirmity, emotional, mental, developmental or physical disability or handicap. This definition includes facilities for the supervised care or persons with disabilities subject to protection under the Federal Fair Housing Act, as amended. The term does not include a treatment facility.
GROWER AND PROCESSOR FACILITYAny building or structure used to grow medical marijuana by a licensed grower and processor of medical marijuana that has a current and valid license from the DOH under the Pennsylvania Medical Marijuana Act, Pa. Act 16 of 2016, as amended.
GROWER AND PROCESSOR OF MEDICAL MARIJUANAA person, which holds a permit from the Pennsylvania Department of Health to grow and process medical marijuana. The term includes a research center administering a medical marijuana research program.
HALFWAY HOUSEA residential facility housing a maximum of 15 persons who receive therapy and counseling under the supervision and constraints of alternatives to imprisonment, including prerelease, work release, restitution, or probationary programs or a nonresidential facility involving similar types of programs.
HANDICAPA physical or mental impairment which substantially limits one or more of such person's major life activities, and a record of having such an impairment, but does not include current, illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. § 802).
HAZARDOUS SUBSTANCES OR MATERIALSIncludes any material or substance that is stored or used in quantities that may cause, or significantly contribute to, an increase in mortality or an increase in a serious irreversible or incapacitating reversible illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. This term also includes the list of extremely hazardous substances set forth in 29 Code of Federal Regulations Part 355 or any successor provisions.
HEALTH CARE CAMPUSThe use of a property for a combination of health care-related uses such as a hospital, hospice, 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. The term excludes drug and alcohol rehabilitation and treatment 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 fund-raising, sale of food and beverages, cafeterias/cafes/food courts/restaurants or similar uses, coffee shop, vendor carts or kiosks for the sale of items listed above, bookstore, pharmacies/drugstores, stores for medical devices, medical uniforms, clothing, apparel and accessories, health food stores, convenience stores, florist, 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 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.
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 drug and alcohol rehabilitation and treatment facilities.
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.
HEAVY INDUSTRIALA use engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. The term includes asphalt, concrete and batch plants, commercial hog farms, fur farms, or fertilizer plants. The term does not include any industrial use that is designated as a separate use under the Use Table in Article
V of this chapter.
HELIPORTAn area, either at ground level or elevated on a structure, licensed and approved for the loading, takeoff and landing of helicopters, and including accessory facilities such as parking, waiting or standby areas, fueling and maintenance.
HEMPThe plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis. The term includes industrial hemp.
HIGHWAY OCCUPANCY PERMITA state, county or City permit depending on the ownership of the street, which, when issued, authorizes access from a lot to that street.
HOME OCCUPATIONAn occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit, which, when permitted, does not alter the residential characteristics of the neighborhood.
HOOKAHIncludes a tobacco pipe with a long, flexible tube that draws the smoke through water contained in a bowl.
HOOKAH LOUNGEAn establishment where patrons share from a communal hookah which is placed at each table. The term also includes a place where vapes or smoking occurs on premises for a business purpose.
HOSPICEA special concept of care designed to provide comfort and support to patients and their families when a life-limiting illness no longer responds to cure-oriented treatments.
HOSPITALA use involving the diagnosis, treatment or other medical care of humans that may include providing twenty-four-hour emergency service; overnight care of patients; medical research and training; and rehabilitation to patients. 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. This term does not include a medical use basically comprised of professional offices for the examination and treatment of persons as outpatients by physicians, dentists or other licensed medical specialists, as it is considered a professional office for purposes of this chapter. The term also excludes drug and alcohol rehabilitation and treatment facilities.
HOTELA building offering transient lodging accommodations on a daily rate to the general public. The building may provide additional services, such as restaurants, meeting rooms, and recreational facilities. See also "motel."
IBCThe International Building Code, which addresses fire prevention in regard to construction and design.
IMPERVIOUS SURFACE OR COVERAGEA permanent surface that prevents the infiltration of water into the ground. Impervious surfaces include, but are not limited to, streets, sidewalks, pavements, parking lots, driveways, roofs, and stone patios. See definition of "gravel (crushed stone)" for when gravel classifies as impervious area.
IMPROVEMENTAny structure or paving placed upon land, including the provision of underground or aboveground utilities, as well as any physical change to the surface of the land, including but not necessarily limited to grading, paving, the placement of stormwater management facilities, sidewalks, street signs, traffic control devices, and monuments. This definition excludes grading or tilling of soil.
INDUSTRIAL HEMP PRODUCTIONThe making or manufacturing of hemp into a product, including food (such as oil, supplement, birdseed, protein flour etc.), fibers (such as textiles, clothes, shoes), fuel, industrial textiles and products (such as rope, nets, carpet, tarps, paper, building materials etc.), and personal care products (such as soap, beauty products, etc.). The term includes the grinding of hemp into flour; the pressing of hemp into seed oil for the manufacturing of products such as personal care products; the taking of the fiber strings running the length of the hemp stalk for the manufacturing of such things as clothing, paper, and other applications; and the taking of the core of the stalk, the inner hurd, a soft cellulose vein running the length of the plant, to manufacture such things as insulation and paper. This term does not include the growing, harvesting and processing (cutting, drying, shredding or packaging) of the hemp plant.
INSTITUTIONAL GROUP HOMEA use that meets the definition of a group home but that includes a higher number of residents than is permitted as a group home.
INVASIVE PLANT SPECIES OF PENNSYLVANIAPlants that displace naturally occurring native vegetation and, in the process, upset nature's balance and diversity. Invasive plants are characterized by rapid growth and prolific reproductive capabilities, highly successful seed dispersal, germination and colonization processes, rampant spreading that takes over native species and are very costly to control. In general, aggressive, non-native plants have no enemies or controls to limit their spread. These invasive plant species are:
(1) TREESAcer platanoides, commonly known as Norway maple; Acer pseudoplatanus commonly known as "Sycamore maple"; Ailanthus altissima, commonly known as "Tree-of-Heaven"; Elaeagnus angustifolia, commonly known as "Russian olive"; Populus alba, commonly known as "White poplar"; Ulmus pumila, commonly known as "Siberian Elm"; Viburnum lantana, commonly known as "Wayfaring tree."
(2) SHRUBS, VINES AND GROUND COVERSAlliaria petiolata, commonly known as "garlic mustard"; Berberis thunbergii, commonly known as "Japanese barberry"; Cannabis sativa, commonly known as "Marijuana"; Carduus nutans, commonly known as "Nodding thistle"; Cirsium arvense, commonly known as "Canadian thistle"; Cirsium vulgare, commonly known as "Bull thistle"; Datura stramonium, commonly known as "Jimsonweed"; Elaeagnus umbellata, "Autumn olive"; Euonymus alatus, commonly known as "Winged euonymus"; Galega officinalis, commonly known as "Goatsrue"; Heracleum mantegazzianum, commonly known as "Giant hogweed"; Ligustrum vulgare, commonly known as "European privet"; Lonicera japonica, commonly known as "Japanese honeysuckle"; Lonicera maackii, commonly known as "Amur honeysuckle"; Lonicera morrowii, commonly known as "Morrow's honeysuckle"; Lonicera tatarica, commonly known as "Tartarian honeysuckle"; Lonicera x-bella, commonly known as "Hybrid honeysuckle"; Lythrum salicaria, commonly known as "Purple loosestrife (herbaceous)"; Microstegium vimineum, commonly known as "Japanese stiltgrass"; Morus alba, commonly known as "White mulberry"; Morus rubra, commonly known as "Red mulberry"; Phyllostachys, commonly known as "Asian bamboo"; Polygonum perfoliatum, commonly known as "Mile-a-Minute vine"; Pueraria lobata, commonly known as "Kudzu vine"; Rhamnus cathartica, commonly known as "Common buckthorn"; Rhamnus frangula, commonly known as "Glossy buckthorn"; Rosa multiflora, commonly known as "Multiflora rose"; Sorghum bicolor, commonly known as "Shattercane"; Sorghum halepense, commonly known as "Johnson grass"; and Viburnum opulus, commonly known as "European highbush cranberry."
IRCThe International Residential Code, which addresses the design and construction of one- and two-family dwellings and is designed to meet those needs to safeguard public health and safety.
JUNKAny discarded or salvageable material or article, including scrap metal, paper, machinery, equipment, rags, glass, appliances, furniture, rubber, motor vehicles, and any parts of motor vehicles.
JUNK OR SALVAGE YARDSIncludes the dismantling or wrecking of automobiles, motor vehicles, trailers, or parts thereof. The term also includes the storage or accumulation of any junk or the storage of four or more junk vehicles, or four or more motor vehicles from which parts have been or are to be removed for reuse or sale. The term includes automobile wrecking yards and automobile salvage yards but does not include the shredding of vehicles.
JUNK VEHICLEIncludes any vehicle unable to move under its own power or is unlicensed or unregistered, and contains one or more physical defects or characteristics such as a broken windshield, missing or flat tires, missing body parts, body parts that are rusted or have sharp edges, exposed battery acid, leaking gasoline or fluids, and other defects or characteristics which could threaten the public health, safety and welfare.
LANDIncludes lot, plot, parcel, and property.
LANDOWNER, PROPERTY OWNER or OWNERThe 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 authorized under a lease to exercise the rights of the landowner, an authorized officer or member of a partnership, corporation or company, or any other person having a propriety or equitable interest in land or a building.
LAUNDROMATA self-service business in which patrons clean, or dry clean dry articles of clothing, uniforms, linens, sheets, blankets, table cloths, draperies, towels, diapers and other fabric items.
LAUNDRYA use at which articles of clothing, uniforms, linens, sheets, blankets, table cloths, draperies, towels, diapers and other fabric items are delivered to be cleaned with the use of agents that are generally water soluble.
LIGHT INDUSTRIALA 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. The term includes the manufacture of small machine parts, small electronic equipment, and motors. The term does not include any industrial use that is designated as a separate use under the Use Table in Article
V of this chapter.
LOADING SPACEAn off-street space or area having direct usable access to a street or alley suitable for the loading or unloading of goods for shipment.
LOTA designated parcel, premises, tract, or area of land established by a plat, subdivision, or as otherwise permitted by law, to be used, developed or built upon as a unit. The area and depth of a lot shall be measured to the legal right-of-way line of the street, and all lots shall front on a public or private street. The word lot includes plot, parcel, land and property.
LOT AREAThe area contained within the lot lines of a lot, excluding any street right-of-way.
LOT COVERAGEThe percentage multiplied by the lot area that will determine the permitted building coverage area.
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, FRONTA property line the length of which abuts a street or proposed street.
LOT LINE, REARA line dividing one lot from another lot or from a street or alley.
LOT OF RECORDAny lot which exists as shown or described upon a plat or deed and recorded in the Office of the Recorder of Deeds of Luzerne County, Pennsylvania.
LOT WIDTHThe horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated or as may be specified in this chapter. In the event of a curved lot line, such lot width at the minimum prescribed front yard setback line shall be measured along the curve. Where buildings are permitted to be attached, the lot width shall be measured from the center of the party wall. Where a pie-shaped lot fronts upon a cul-de-sac, the minimum lot width may be reduced to 2/3 of the width that would otherwise be required (except where minimum lot width allowed is less than 100 feet, then no reduction is allowed). In the case of flag lots, the width measurement shall not include the access corridor but shall be made on the main portion of the lot.
LOT, CORNERA lot abutting on and at the intersection of two or more streets.
LOT, FLAGA lot that relies upon a thin strip of land for street access whose frontage does not satisfy the minimum width requirements for the respective zoning district, but has the required lot width away from the street frontage.
LOT, THROUGH/REVERSE FRONTAGEAn interior lot having frontage on two parallel or approximately parallel streets with vehicular access solely from the street of lesser functional classification.
MACHINE SHOPAny facility that uses machine tools, including but not limited to, lathes, milling machines, shapers, planers, hoppers, drill presses, and jig borers for working with metals or other relatively hard materials, such as some polymers. Typically machine shops make and repair all types of metal objects, from machine tools, dies, and molds to mass-produced parts such as screws, pistons, or gears.
MANUFACTURED HOMEA structure, transportable in one or more sections, which is built upon a chassis and is designed for permanent occupancy when placed on a foundation and connected to the required utilities. The term includes mobile homes and trailers but does not include modular homes or recreational vehicles.
MANUFACTURED HOME COMMUNITYA parcel, or contiguous parcels of land, which has been planned and improved for the placement of two or more manufactured homes or mobile homes.
MANUREThe fecal and urinary excrement of livestock and poultry, often containing some spilled feed, bedding or litter.
MANURE STORAGE FACILITYA detached structure or other improvement built to store manure for future use, or awaiting disposal.
MASSAGEThe performance of manipulative exercises using the hands, or a mechanical or bathing device on a person's skin other than the face or neck by another person that is related to certain monetary compensation, and which does not involve persons who are related to each other by blood, adoption, marriage or official guardianship.
MASSAGE SERVICES(1) An establishment that meets all of the following criteria:
(b) The person conducting the massage is not licensed as a health care professional or physical therapist by the Commonwealth of Pennsylvania.
(c) The massages are not conducted by a licensed medical doctor, chiropractor or physical therapist.
(d) The massages are conducted within private or semiprivate rooms.
(e) The use is not clearly a customary and incidental accessory use to a permitted wellness and fitness center or athletic program.
(2) A use that involves state-licensed massage therapists is listed as a separate use in the Use Table of Article
V under this chapter.
MEDICAL FACILITYA use involving the diagnosis, treatment and examination of patients by state-licensed members of the medical profession, dentists, chiropractors, osteopaths, physicians or occupational therapists without overnight accommodations and may include reception areas, offices, waiting room, X-ray and minor operating rooms and a dispensary of medication other than medical marijuana and providing that all such uses have access only from the interior of the building. The use does not include a treatment facility or hospital.
MEDICAL MARIJUANAMarijuana for certified medical use under the Pennsylvania Medical Marijuana Act, Pa. Act 16 of 2016. For purposes of this chapter, the term includes hemp.
MEDICAL MARIJUANA ACADEMIC CLINICAL RESEARCH CENTERAn accredited medical school within this Commonwealth that operates or partners with an acute care hospital licensed within this commonwealth under Pennsylvania Medical Marijuana Act, Pa. Act 16 of 2016, as amended.
MEDICAL MARIJUANA FACILITYA medical marijuana dispensary or a grower and processor of medical marijuana. The term includes a structure, building or land used to store trucks or delivery vehicles for transporting marijuana plants, seeds or other raw materials, or transporting waste generated from a medical marijuana facility for disposal to a facility authorized in the Commonwealth of Pennsylvania to accept such waste. Incidental storage, management and disposal of solid and liquid waste by-products or remnants generated during the growing and processing of medical marijuana, but not part of the final product, is permitted as part of the facility.
MEMBERSHIP CLUBAn 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 indoor recreation that are limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public. This use may not include outdoor recreation, boarding or rooming houses, tavern, bar, nightclub, restaurant or auditoriums unless that particular use is permitted in that district and the requirements of that use are met. The term includes a social hall.
MICROBREWERYA facility where more than 250 barrels and less than 15,000 barrels (a barrel is approximately 31 gallons) of malt or brewed beverages are produced on the premises and then sold or distributed for off premises consumption. A microbrewery may also contain a brewery pub. The production of more than 15,000 barrels or its equivalent of malt or brewed beverages shall be considered a heavy industrial use.
MINERAL EXTRACTIONThe removal from the surface or beneath the surface of land bulk mineral resources such as sand, gravel, topsoil, limestone, sandstone, coal, shale and iron ore using machinery. This use includes stockpiling, but not the movement of and replacement of topsoil, as part of construction activities. The use does not include oil or gas operations. The backfilling of the site with material other than with material from the site shall be considered a solid waste facility when the operator is being paid to accept the material or the site is being reclaimed with off-site material such as Re-Crete.
MODULAR HOMESStructures constructed entirely in factories and transported to their sites on flatbed trucks. They are built under controlled conditions and must meet strict quality-controlled requirements before they are delivered. They arrive as block segments and are neatly assembled, using cranes, into dwelling units that are almost indistinguishable from comparable ones built on-site.
MORALOf, pertaining to, or concerned with the principles or rules of right conduct or the distinction between right and wrong; ethical.
MOTELA building or group of buildings containing apartments and/or rooming units, each of which maintains a separate outside entrance. Such building or group of buildings is designed, intended, or used primarily for the accommodations of automobile travelers for gain or profit and provides automobile parking conveniently located on the premises. See also "hotel."
MOTOR VEHICLEAn automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation powered by an engine or other mechanized means and designed to operate and carry persons or cargo on public streets.
MUNICIPALITIES PLANNING CODEThe Pennsylvania Municipalities Planning Code Act of 1968, P.L. 805, No. 247, as reenacted and amended. The term is sometimes referred to as the "Pa. MPC."
MUNICIPALITYThe City of Hazleton, County of Luzerne, and Commonwealth of Pennsylvania.
NATURE PRESERVEA noncommercial preservation of land for providing wildlife habitats, forests or scenic natural features that involves no buildings other than a nature education or study center and customary maintenance buildings.
NIGHTCLUBA commercial establishment primarily dispensing alcoholic beverages pursuant to Pennsylvania Liquor License Law, or an establishment where the patrons, visitors or guests bring their own alcoholic beverages for consumption on the premises, along with dancing and/or live or recorded music. This term does not include any adult use or a restaurant.
[Amended 12-20-2022 by Ord. No. 2022-13]
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 of those normally associated with the residential use.
NONCONFORMING LOTA lot which does not conform with the minimum lot width or area dimensions specified for the zoning district where the lot is located, but was lawfully in existence prior to the effective date of this chapter, or any amendments thereto.
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 nonconforming signs.
NONCONFORMING USEA use, whether of land or a structure, which does not comply with the applicable use provisions in the Zoning Ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment to its location by reason of annexation.
NOXIOUS WEEDSAny plant listed in the Pennsylvania Noxious Weed Control Law [3 P.S. § 255(3)(b)], including:
(1) Cannabis sativa, commonly known as "marijuana."
(2) The Lythrum salicaria Complex: any nonnative lythrum, including Lythrum salicaria and Lythrum virgatum, their cultivars and any combination thereof.
(3) Cirsium arvense, commonly known as "Canadian thistle."
(4) Rosa multiflora, commonly known as "multiflora rose."
(5) Sorghum halepense, commonly known as "Johnson grass."
(6) Carduus nutans, commonly known as "musk thistle."
(7) Cirsium vulgare, commonly known as "bull thistle."
(8) Datura stramonium, commonly known as "jimsonweed."
(9) Polygonum perfoliatum, commonly known as "mile-a-minute vine."
(10) Puerria lobata, commonly known as "kudzu vine."
(11) Sorghum bicolor cv. drummondii, commonly known as "shattercane."
(12) Heracleum mantegazzianum, commonly known as "giant hogweed."
(13) Galega officinalis, commonly known as "goatsrue"; and
NURSERYLand used for the growing of sod, flowers, bushes, trees or other gardening, landscaping or orchard stock and their related accessory supplies for wholesale or retail sale.
NURSING HOMEA place for older adults who do not need hospital care but cannot be cared for at home. Residents require supervision or assistance to complete daily activities and need skilled nursing and certain medical treatments with medical supervision available 24/7. A nursing home provides a higher level of care than a personal care home. Nursing homes are licensed and inspected by Department of Human Services but under a different set of standards than a personal care home.
OCCUPIEDIncludes a building, structure or land being used or intended, arranged, or designed to be used by a person.
OFFICE or GENERAL OFFICEA building or portion of a building, wherein services are performed involving administrative, professional, clerical or similar type operations.
OPEN SPACEAny area of land or water, or a combination of land and water, within a development or lot that is free of improvement and impervious surfaces. Open spaces shall not include, among other things, areas devoted to buildings, structures, driveways, access drives, parking lots, street rights-of-way, and stormwater detention basins, but can include required yard setbacks.
ORDINANCEThe City of Hazleton Zoning Ordinance of 2020 and the Official Zoning Map, as may be amended from time to time.
OUTDOOR STORAGEIncludes the placing, storing or keeping, in an unenclosed area, goods, materials, merchandise, equipment or vehicles which are related to the operation of a commercial use, excluding the storage of solid waste, hazardous substances, refuse, junk and junked vehicles.
OUTDOOR WOOD-FIRED BURNERA fuel-burning device:
(1) Designed to burn wood or other approved solid fuels;
(2) That the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., garages); and
(3) Heats building space or water via the distribution, typically through pipes, of a fluid heated in the device, typically water or a water/antifreeze mixture.
OUTPARCELA building lot separated or separable from another building lot.
OVERLAY DISTRICTA specific geographic area upon which additional land use requirements are applied, on top of the underlying zoning regulations, in order to promote a specified goal. An overlay zoning district may encompass one or more underlying zoning districts and imposes additional requirements above that required by the underlying zone.
OVERLAY DISTRICTA type of zoning district that is superimposed over the underlying base zoning district in order to protect a particular resource or guide development within a special area. The City also has the following overlay districts: DOD (Downtown Overlay District), HOD (Historical Overlay District) and EOD (Energy Overlay District).
PARKING SPACE, OFF-STREETAn unobstructed space or area other than a street or alley that is located completely within the property lines of a property and permanently reserved and maintained for the parking of a motor vehicle.
PARKING SPACE, ON-STREETThe parking of a vehicle on the street, along a sidewalk or anywhere on the street whether by permit or under and subject to certain restrictions.
PATIENTAn individual who:
(1) Has a serious medical condition;
(2) Has met the requirements for certification under the Pennsylvania Medical Marijuana Act; and
(3) Is a resident of this commonwealth.
PAVEDA condition of surface in which man-made materials (asphalt, bituminous concrete, or masonry materials) are applied resulting in a durable, smooth, stable and dust-free surface over which vehicles and pedestrians may pass. This definition shall require that the permitted materials be applied with sufficient depth and base to achieve the required durable, smooth, stable and dust-free surface.
PAWN SHOPA commercial use that is regulated as a pawn shop by the Pennsylvania Department of Banking.
PERMITThe official document issued by the Zoning Officer authorizing someone to undertake certain activities under this chapter.
PERMITTED-BY-RIGHT USEAn allowed use permitted with or without the issuance of a permit (depending on the use and the requirements of this chapter) by the Zoning Officer, provided the application meets the requirements of this chapter.
PERSONIncludes a corporation, firm, company, partnership, trust, organization, association, sole proprietorship or individual.
PERSONAL CARE HOMEA premise in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 hours, for four or more adults who are not relatives of the operator, who do not require the services in or of a licensed long-term care facility, but who do require assistance or supervision in activities of daily living or instrumental activities of daily living. The term includes a premise that has held or presently holds itself out as a personal care home and provides food and shelter to four or more adults who need personal care services but who are not receiving the services. A personal care home is a residence that provides seniors support with instrumental activities of daily living and activities of daily living. Assistance with instrumental activities of daily living can include help with housekeeping and laundry, medication management, shopping and meal preparation, using the telephone, and making appointments. Examples of activities of daily living that personal care homes may provide assistance with, including but not limited to: eating, toileting, personal hygiene, and bathing. Although a nursing home provides assistance with many of the same activities as a personal care home, seniors needs in a personal care home do not meet the higher level of services provided in a nursing home. Personal care homes are licensed by the Department of Human Services. There is staff available at personal care homes at all times in case of emergency but not necessarily medical staff.
PERSONAL SERVICE ESTABLISHMENTSAn establishment or business where professional or personal services are provided for profit or gain and where the sale of retail goods, wares, merchandise, articles or things is only accessory to the provisions of such services such as barber shops or beauty salons; tailor shops; laundry or dry-cleaning shops; laundromats; printing, photocopying, mail, fax or courier services; and shoe or watch repair shops; animal grooming; tanning salons; beauty spas; manicure and pedicure services; and similar services. The term does not include any service use that is designated specifically as a separate use in the Use Table under Article
V of this chapter.
PETROLEUM PRODUCTOil or petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.
PHYSICAL THERAPYA health care profession primarily concerned with the remediation of impairments and disabilities and the promotion of mobility, functional ability, quality of life and movement potential through examination, evaluation, diagnosis and physical intervention carried out by physical therapists.
PLACE OF WORSHIPA building used for religious services, including churches, synagogues, mosques, monasteries, meeting houses, temples, parish halls, seminaries and shrines. The term also includes accessory uses such as a residence for a caretaker or the head of congregation, assembly hall used for community events, nursery school, a school of religious education, convent, and rectory.
PLAYGROUND or PARKAn outdoor area providing a place for recreation where children typically play.
PORTABLE STORAGE CONTAINERS or POD CONTAINERSIncludes portable containers that are used for temporary storage of personal property of occupants on the site during times of transition (e.g., remodeling, moving, construction, emergency).
PREMISESAny tract, lot, or parcel of land and the buildings, fixtures, and appurtenances located thereon. The word includes lot, plot, parcel, and premises.
PRIVATESomething owned, operated and supported by private persons rather than by government, and not available for public use.
PRIVATE GARAGEA building or structure for the private use of the owner or occupant of a principal building situated on the same lot for the storage of motor vehicles used or owned by the owner or occupant with no commercial facilities for mechanical service or repair.
PROFESSIONAL CONSULTANTSomeone who provides expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
PROPERTYAny tract, lot, or parcel of land and the buildings, fixtures, and appurtenances located thereon.
PROPERTYLand and the buildings, fixtures, and appurtenances located thereon. The word includes lot, plot, parcel, and premises.
PUBLICSomething owned, operated and supported by government for the use and benefit of the general public.
PUBLIC COMMUNICATIONS TRANSMISSION TOWERA structure, owned and operated by a public utility electrical company regulated by the Pennsylvania Public Utility Commission (PUC), designed and used to support overhead electricity transmission lines.
PUBLIC GOVERNMENTAL USEA public building or land owned or operated by local, state or federal government for such uses as a library, courthouse, employment office, post office, administrative, cultural or service buildings or other use for governmental administration excluding public land, buildings and structures primarily devoted to the storage and maintenance of equipment and materials.
PUBLIC HEARINGA formal meeting held pursuant to public notice by the governing body or Zoning Hearing Board, which is intended to inform and obtain public comment prior to taking action in accordance with this chapter and the Pennsylvania Municipalities Planning Code, Act 247, as amended.
PUBLIC MEETINGA forum held pursuant to public notice under 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 SEWERA municipal sanitary sewer or a comparable common or package sanitary facility capable of serving multiple users and approved and permitted by the Pennsylvania Department of Environmental Protection.
PUBLIC UTILITIESA use which is operated, owned or maintained by a municipality or municipal authority or which is privately owned and requires a certificate of convenience approved by the Pennsylvania Public Utility Commission for the purpose of providing public sewage disposal or treatment; public water supply, storage or treatment; or for the purpose of providing the transmission of energy or telephone service. "Public utilities" includes: water, electrical, natural gas, telephone services, and other essentials. See also "essential public utility services."
PUBLIC WATERA municipal water supply system, or a comparable common water facility approved capable of serving multiple users and permitted by the Pennsylvania Department of Environmental Protection.
QUASI-PUBLICEntities that operate like (and are sometimes organized as) private organizations and are run by a board of directors or similar arrangement whose members are appointed by government entities.
RECREATIONThe offering of leisure-time activities to unrelated persons.
RECREATION, INDOORA building or structure used principally for recreational activities, such as a bowling alley, billiard hall, roller skating or ice skating rink or similar facilities. This term does not include outdoor recreational activities, adult uses or restaurants/taverns. Outdoor recreation activities conducted completely within a building shall be considered indoor recreation for purposes of this chapter.
RECREATION, OUTDOORThe use of land or structures for recreational activities such as golf, amusement parks, shooting ranges, campgrounds, race tracks and similar activities. The term does not include a playground or park.
RECREATIONAL VEHICLE (RV)A vehicle which is:
(1) Built on a single chassis;
(2) Four hundred square feet or less when measured at the largest horizontal projections.
(3) Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling, but as quarters for recreational camping, travel, or seasonal use. The term includes motor homes, pop-up trailers, and campers.
RECYCLING COLLECTION CENTERAn area for collection and temporary storage of more than 500 pounds of common household materials for recycling, but that does not involve processing or recycling other than routine sorting, baling and weighing of materials. This term shall not include the indoor storage of less than 50 pounds of household recyclables and their customary collection, which is a permitted by right accessory use in all zoning districts, without additional regulations. A recycling collection center is also a permitted accessory use to a public or private primary or secondary school, a place of worship, or a City-owned use.
RELATED or RELATIVEPersons who are related by blood, marriage, adoption, civil union or formal foster relationship to result in one of the following relationships: husband, wife, brother, sister, parent, child, grandparent, great grandparent, grandchild, great grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, mother-in-law, father-in-law, son-in-law, daughter-in-law or first cousin. The term does not include relationships such as second, third or more cousins.
REPAIRTo fix or rehabilitate an object or structure to its intended condition or function.
RESTAURANTAn 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 on premises. A restaurant may include the sale of alcoholic beverages for consumption on premises as an accessory use. This use may include drive through facilities where permitted by this chapter.
RESTAURANT, TAKE-OUTAny establishment that primarily serves ready to eat food and beverages for consumption off the premises.
RETAIL SALE ESTABLISHMENTSAn establishment selling products as opposed to services or entertainment to the general public, such as antique shop; appliance store; artist, music, and automotive parts store; beverage packaging store; building or plumbing supplies; crafts and hobby supplies; clothing store; dairy products store; dry goods and variety stores; florist; garden supplies; hardware store; newspapers, books and stationery products; office furniture, equipment and supplies; paintings and photography store; pet store; pharmacy; specialty gifts; sporting goods store; and other establishments selling related products. The term does not include any retail use that is specifically designated as a separate use in the Use Table under Article
V of this chapter such as an adult use, secondhand store, pawn shop, and wholesale establishments.
RETAINING WALLA structure designed to restrain soil or used to stably contain land at a location with an elevation change.
RIGHT-OF-WAYAn area or strip of land secured for public use whether improved or unimproved and reserved for use as a street, railroad, public utility, private utility or other special uses such as sidewalks, stormwater management facilities, traffic control facilities, curbs, sidewalks, bicycle lanes or paths, streetlights, and similar public improvements.
ROAD or STREETThat portion of a road improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.
ROOMING HOUSEA building or structure or any portion thereof containing residential rooming units rented or leased for a specified time period of more than seven days, or on a week-to-week, month-to-month or year-to-year basis, with the occupants of said units being nontransient and utilizing the location as their domicile.
SALEIncludes the business or activity of selling or renting goods or services.
SATELLITE DISH ANTENNA, NONCOMMERCIALA 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. The device is intended to be used to transmit or receive radio or electromagnetic waves between terrestrial and orbital based uses. This term includes satellite earth stations, television reception antenna, satellite microwave antennas and the like. This term does not apply to any antenna used for reception of regular AM-FM signals.
SAWMILLA principal use devoted to the processing of natural wood products into semi-finished products for wholesale distribution.
SCHOOLAny facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, middle schools, junior high schools, charter schools, special education facilities, high schools, colleges and universities. This term does not include child-care centers and adult care centers.
SCREENINGThe method by which a view of one lot from another adjacent lot is shielded, concealed, or hidden. Screening techniques include fences, walls, noninvasive species of hedges, shrubs, trees or natural forest, berms and other features, as provided for and required in this chapter. The planting or maintaining of invasive plant species of Pennsylvania or noxious weeds are strictly prohibited.
SECONDHAND STOREAn establishment selling used products as opposed to new products to the general public whether acquired by consignment or otherwise.
SELF-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 persons for the storage of the person's personal property.
SERIOUS MEDICAL CONDITIONAny of the following (which may be changed from time to time by state law, rule or regulation):
(1) Amyotrophic lateral sclerosis.
(7) Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.
(12) Inflammatory bowel disease.
(15) Neurodegenerative disorders.
(19) Post-traumatic stress disorder.
(20) Severe chronic or intractable pain of neuropathic origin or severe chronic or intractable pain in which conventional therapeutic intervention and opiate therapy is contraindicated or ineffective.
SETBACKThe required minimum horizontal distance between the building line and the related front, side or rear property line.
SHOPPING CENTERA building or group of two or more units within a single building, which is comprised of commercial, retail or service oriented businesses and designed to function as a unit with shared vehicular access, off-street parking and signage. The term includes a strip mall type building where stores front on both sides of a pedestrianway which may be either enclosed or open.
SHORT-TERM HOME RENTALAny dwelling unit rented for the purpose of overnight lodging for a period of not less than one day and not more than 30 days on more than one occasion to someone other than a family member of the landowner where the landowner resides in the dwelling unit during the rental, or more than a total of 183 days per year. The term does not include a hotel, motel or short-term transient rental.
SHORT-TERM TRANSIENT RENTALAny dwelling unit rented for the purpose of overnight lodging for a period of not less than one day and not more than 30 days where the landowner does not reside in the dwelling unit during any rental, or resides in the dwelling unit less than a total of 183 days per year. The term does not include a hotel, motel or short-term home rental.
SHREDDING, INDUSTRIALA facility consisting of a heavy duty machine or piece of equipment used as a high volume system to reduce the size of a given material for recycling, reuse, or reintroduction into the manufacturing process.
SITEA lot or any part of a lot devoted to a specific use regulated under this chapter.
SLAUGHTERHOUSEA use that routinely involves the killing and butchering of animals for use as meat, and which is not a customary accessory use to the on-site raising of animals.
SMOKE SHOPA store predominately or principally selling tobacco products such as cigars, cigarettes, and chewing tobacco and accessory tobacco products. The term includes vapes but does not include permitting smoking or vaping on premises.
SOCIAL HALLA building or portion thereof used for social gatherings, which is usually operated by a nonprofit or civic organization or association.
SOLID WASTEAny garbage, refuse, sewage sludge or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from industrial, institutional, public, household, commercial or mining activities. The following materials are not considered solid waste:
(1) Portions of trees or shrubs, leaves, mulch and rocks;
(2) Substances legally disposed of into the air or water through a federal or state pollution discharge permit;
(3) Customary residual wastes from a permitted mineral extraction use; or
(4) Materials of a character such as paper, plastic, aluminum and metal that have been separated from the waste stream for recycling.
SOLID WASTE ENERGY FACILITYA type of solid waste disposal facility that utilizes waste (such as trash, sludge or any other nonhazardous commercial, residential or industrial materials) as a fuel to produce usable energy (such as steam or electricity) in bulk to be marketed for reuse to offset disposal costs. Also see the definitions of each of these terms in Title 25 of Pennsylvania Department of Environmental Protection regulations.
SOLID WASTE FACILITYA facility operated under the laws of the Commonwealth of Pennsylvania governing the management, processing, incinerating, treatment, storage, transfer, or disposal of solid waste. Backfilling or reclaiming of the site with off-site material such as Re-Crete shall constitute a solid waste facility for purposes of this chapter. This term includes solid waste landfills, solid waste transfer facility, and solid waste energy facility.
SOLID WASTE TRANSFER FACILITYA type of solid waste disposal facility which receives and temporarily stores solid waste at a location other than the generation site, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal, and which may or may not involve the separation of recyclables from solid waste. Also see the definitions of each of these terms in Title 25 of Pennsylvania Department of Environmental Protection regulations.
SPA or HOT TUBA structure intended for the immersion of persons in temperature controlled water circulated in a closed system, and not intended to be drained and filled with each use. A spa usually includes a filter, a heater (electric, solar, or gas), a pump or pumps, and a control, and may also include other equipment, such as lights, blowers, and water-sanitizing equipment. For purposes of this chapter, the spa is intended for use that is accessory to a residential setting and available to the household and its guests and where the water heating and water circulating equipment is not an integral part of the principal structure on the property. The spa is intended as a permanent plumbing fixture and not intended to be moved.
SPECIAL EXCEPTIONA use only permitted in a particular zoning district by approval of the Zoning Hearing Board in accordance with the applicable provisions of this chapter. The use will find classification under the heading special exception use for the zoning district in which the property is located.
SPECIFIED ANATOMICAL AREASIncludes less than completely and opaquely covered human genitals, private parts, 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.
STABLEThe housing of horses, including a commercial or private riding academy.
STATEThe Commonwealth of Pennsylvania.
STORAGEThe temporary placement of products and materials for preservation, later use or disposal.
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 the ceiling equals or exceeds 6.5 feet of the finished ground surface adjoining the exterior walls of such story.
STREAMAny natural or man-made of conveyance of surface water with an annual or intermittent flow within a defined bed and bank.
STREETIncludes any right-of-way, avenue, court, boulevard, road, highway, alley, freeway, lane, viaduct and any other ways used or intended to be used by vehicular or pedestrian traffic whether public or private or dedicated or undedicated.
STREET LINE or RIGHT-OF-WAY LINEThe line defining the limit of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.
STRUCTURAL ALTERATIONSIncludes any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
STRUCTUREAny man-made object, the use of which requires an ascertainable stationary location on land, whether or not it is affixed to the land.
STUDENTA person who is registered to be enrolled or who is enrolled and matriculating at an accredited college or university or primary or secondary school, or who is on a semester or summer break from studies at a college or university.
STUDENT HOUSINGA building which contains a dwelling unit occupied by two or more students who are not related to each other by adoption or marriage or are not the great-grandparent, great-grandchild, grandparent, grandchild, parent, child, brother, sister, aunt, uncle, niece, nephew, great uncle, great aunt, great nephew, or great niece of each other.
SUBDIVISION AND LAND DEVELOPMENT ORDINANCEThe Hazleton City Subdivision and Land Development Ordinance, as amended. The Subdivision and Land Development Ordinance is sometimes referred to in this chapter by the acronym "SALDO."
SWIMMING POOLAn accessory use involving any structure and inflatable device used for swimming, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than 24 inches. Hot tubs and spas shall be considered a swimming pool for the purposes of this chapter; however, ponds, stormwater basins, or lakes are not included provided that swimming is not the primary purpose of the construction and use.
SWIMMING POOL BARRIERA permanent wall that completely surrounds an aboveground swimming pool and obstructs the access to the swimming pool. The wall may include the wall of the swimming pool or the wall of a building. "Permanent," for purposes of this definition, means that it is not able to be removed, lifted, or relocated without the use of a tool.
SWIMMING POOL, ABOVEGROUNDA pool situated on the ground which can be disassembled for storage or transport. This includes portable pools with flexible/nonrigid walls that achieve their structural integrity by means of uniform shape, support frame or a combination thereof, and can be disassembled for storage or relocation.
TAVERNAn establishment used primarily for serving alcoholic, malt or brewed beverages to the general public where food or prepackaged liquors may be sold or served as an accessory use. The term does not include a bar but includes a brewery pub.
TEMPORARY STRUCTUREA structure without any foundation or footings which is removed when the designated time period, activity or use for which the structure was placed or constructed has ceased. The time period for a temporary structure shall be not more than 180 days.
TEMPORARY USEA use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period. The time period for a temporary use shall not be more than 180 days unless extended by the Zoning Officer when permitted under this chapter. Any use for less than 180 days, but resuming on an annual basis, shall be considered a permanent use.
THEATERA building or part of a building devoted to showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult use.
TINY HOMEA principal residential detached dwelling unit that has a total floor area of more than 500 square feet and less than 750 square feet.
[Added 12-20-2022 by Ord. No. 2022-13]
TOWNHOUSE or ROWHOUSEOne dwelling unit that is attached to two or more dwelling units, and with each dwelling unit being completely separated from and attached to each other by unpierced vertical fire-resistant walls and each having their own outside access with sidewalls being adjacent to each end unit.
TREATMENT CENTER, OUTPATIENTA use that primarily exists to provide medication (such as methadone) or repetitive counseling to multiple persons with addictions to illegal use of controlled substances as a principal use, and which does not include on-site residential facilities, and which is not licensed by the Commonwealth of Pennsylvania as a hospital.
TREATMENT FACILITY(1) A use offering facilities for persons who need specialized housing, treatment or counseling and who need such facilities because of:
(a) Criminal rehabilitation, such as criminal halfway house or a treatment or housing center for persons convicted of driving under the influence of alcohol;
(b) Addiction to alcohol and/or a controlled substance; or
(c) A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others.
(2) The residentially based facility may include room and board, personal care, and intensive supervision and case work for no more than 30 patients.
TREE FARMAn area used for a type of farming involving the raising or harvesting of trees for commercial purposes.
TREE HOUSEA structure or building above ground level and not designated for continuous habitation, using a tree for part of its support.
TRUCKING TERMINALThe use of a structure, building, or land, which consists of a storage area, management and dispatch office, and loading and unloading facilities connected with receipt or delivery of freight shipped by truck.
TWIN OR TWO-FAMILY DWELLING UNIT or DUPLEXOne dwelling unit accommodating one family that is attached to and completely separated by a vertical or horizontal unpierced fire-resistant wall to only one additional dwelling unit with each unit being on the same or a separate lot from the attached dwelling unit.
UNIFORM CONSTRUCTION CODEThe version of the statewide building code adopted by City Council, applicable to new construction in all municipalities, whether administered by the City, a third party of the Department of Labor and Industry. Applicable to residential and commercial buildings, the code adopted by the International Residential Code (IRC) and the International Building Code (IBC), by reference, as the construction standard applicable with the commonwealth. For coordination purposes, references to the above are made specifically to various sections of the IRC and the IBC.
USEThe purpose, activity, occupation, business or operation for which land, structures or buildings are designed, arranged, intended, occupied or maintained. Uses specifically include, but are not limited to, activities within or outside of a structure.
VARIANCEA waiver or modification of this chapter that may only be granted by the Zoning Hearing Board.
VETERINARIAN CLINIC or ANIMAL HOSPITALA building or structure used for the treatment of domesticated animals by a veterinarian or other medical practitioner licensed by the state, with short-term boarding incidental to the treatment.
WALLA structure constructed as a line of demarcation or barrier made of materials to enclose or screen areas of land. When referring to the walls of a building, the term shall mean the vertical exterior surface of a building, or the vertical interior surfaces which divide a building's space into rooms. The term does not include a retaining wall.
WAREHOUSE AND DISTRIBUTIONOne or more buildings or structures used primarily for storage, transfer and distribution of products, goods and materials. This term does not include trucking facilities.
WELDINGThe use of land, or building, or structure where pieces of metal are welded.
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 drug and alcohol rehabilitation and treatment facilities.
WETLANDSThose areas that are inundated or saturated by the surface or ground water at 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 wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the National Wetland Inventory, the Pennsylvania Coastal Zone Management Plan and any wetland area designated by a river basin commission.
WHOLESALE ESTABLISHMENTAn establishment that offers products to other businesses to resell rather than selling directly to retail customers. Wholesalers can be small-scale producers who choose to distribute their products through other businesses, or they can be multi-state distributors with fleets of trucks and massive warehouses.
WINERYA premises in which wine is produced. The wine produced at said winery may be sold, stored and consumed on premises if all required state licensing is obtained.
YARDA prescribed open and unobstructed space or area on a lot that is located between a building or structure and the nearest lot line. A yard is also referred to as a setback.
YARD SALEThe accessory and temporary use of a lot upon which a dwelling unit is located for the occasional sale or auction of common household goods, furniture and items generated from the dwelling unit located on the lot. Any sale occurring more than six times in any given year shall be considered a retail sales establishment. The term includes a moving sale.
YARD, FRONTA space or area extending the full width of the lot between a principal or accessory building or structure and the front lot line and measured perpendicular to the building or structure at the closest point to the front lot line. This area is bounded by the street line, front setback line and side property lines.
YARD, REARA space or area extending the full width of the lot between the structure or building and the rear lot line and measured perpendicular to the building or structure at the closest point to the rear lot line. This area is bounded by the rear property line, rear setback line and side lot lines.
YARD, SIDESA space or area extending from the front yard to the rear yard between a building or structure and the side lot line measured perpendicular from the side lot line to the closest point of the building or structure. This area is bounded by side property lines, and side, front and rear setback lines.
ZONING DISTRICT or ZONEThose portions of the City of Hazleton depicted upon the Official Zoning Map, within which certain uniform regulations and requirements apply under the provisions of this chapter. The City has the following zoning districts or zones: R-1 (Single-Family Residential), R-2 (Two-Family Residential), R-3 (Multifamily Residential), CC (Central Commercial), CH (Commercial Highway), OS (Open Space Recreation), PI (Public Institutional), LI (Light Industrial), and GI (General Industrial).
ZONING MAPThe map containing the zoning districts of the City of Hazleton, County of Luzerne, and Commonwealth of Pennsylvania. This map is also referred to as the "Official Zoning Map of the City of Hazleton."
ZONING OFFICERThe person appointed to administer and enforce the provisions of this zoning ordinance, and any amendments thereto.
ZONING ORDINANCEThe City of Hazleton Zoning Ordinance of 2020, as amended from time to time.