Penn Forest Township
City Zoning Code

Areas of contiguous lots that share a common lot line, except not including lots entirely separated by a street, public alley open to traffic, or a perennial waterway. See definition of "adjacent."

An improved surface that provides for vehicle access from a street or private road to a lot, premises or service area.

See "Solar Energy Facility, Accessory."

A structure serving a purpose customarily incidental to and subordinate to the use of the principal use and located on the same lot as the principal use. Accessory structures include but are not limited to a household garage, household storage shed, detached carport, a household swimming pool, or an accessory storage building to a business use. An "accessory building" is any accessory structure that meets the definition of a "building." A portion of a principal building used for an accessory use shall not be considered an accessory building.

A use customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use.

Two or more lots that share a common lot line or that are separated only by a street or waterway from each other.

A use including live entertainment involving persons (which may include, but not be limited to, waiters, waitresses, dancers, clerks, bartenders, contractors or others) displaying uncovered male or female genitals or nude or almost nude female breasts or engaging in simulated or actual "specified sexual activities" to three or more persons and which is related to monetary compensation paid to the person or entity operating the use or to persons involved in such activity.

A use involving the on-site presentation to five or more persons at one time of moving images distinguished by an emphasis on depiction of "specified sexual activities" and that is related to monetary compensation paid by the persons viewing such matter.

A use that has over 10% of the total floor area occupied by items for sale or rent that are books, films, magazines, video, paraphernalia, novelties or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, displaying, describing or relating to uncovered male or female genitals or specified sexual activities. This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law.

This term shall mean adult store, adult movie theater, adult live entertainment facility/use or massage parlor.

A use that permits the consumption of alcoholic beverages by five or more unrelated persons between the hours of 2:00 a.m. and 6:00 a.m. and that involves some form of monetary compensation paid by such persons for the alcohol or for the use of the premises.

The cultivation of the soil, the raising and harvesting of crops, horticulture, plant or tree nursery or raising of livestock.

An area and related support facilities used for the landing and takeoff of motorized aircraft that carry people. A "public airport" shall be an airport that does not meet the definition of a "private airport." A private airport shall be limited to a maximum of 15 total landings and takeoffs in any seven-day period and shall not be available for use by the general public. Emergency landing sites are not regulated by this chapter.

A public thoroughfare other than a side street which affords only a secondary means of access to abutting property and is not intended for general traffic circulation.

A place used for the burial of the remains of five or more noncremated animals, other than customary burial of farm animals as accessory to a livestock use.

An exterior device or apparatus designed for cellular, digital, telephone, radio, pager, commercial mobile radio, television, microwave or any other wireless communications through sending and/or receiving of electromagnetic waves, including without limitation, omnidirectional or whip antennas and directional or panel antennas. Unless otherwise stated, this term shall not include "standard antenna."

The vertical distance from the base of the antenna support structure at grade to the highest point of the structure, including any antennas attached thereto or forming a part thereof. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

A device, partially or wholly exterior to a building, that is used for receiving television or radio signals for use on site, or for transmitting short-wave or citizens band radio signals. See also "commercial communications antenna."

See "dwelling types."

The definition in the Pennsylvania Municipalities Planning Code, as amended, shall apply.[1]

The total enclosed area taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and exterior steps.

The outer limit of the effects of the cone of depression that is formed from a producing well withdrawing groundwater from an aquifer. The area of influence thus becomes the intersection of the cone of depression and the land surface area above, where the water table or potentiometric surface is measurably lowered due to water withdrawal, altering natural groundwater flow towards the well. It is essentially the extent of the cone of depression at the land surface, representing the region where water resources may be measurably impacted by pumping, and the area from which a well can induce drawdown and recharge from groundwater or surface water features that are connected to the groundwater table.

Coordinated and centrally managed rental housing including self-contained units designed to provide a supportive environment and to accommodate a relatively independent lifestyle. Such a development may contain a limited number of supportive services, such as meals, transportation, housekeeping, linen and organized social activities for residents and their invited guests. Such a use shall primarily serve persons 55 and older, persons with physical handicaps and/or the developmentally disabled. Assisted-living facilities shall be licensed as personal care centers by the Commonwealth of Pennsylvania.

An area where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, a use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "auto service station" is also permitted as part of an "auto repair garage." This use shall not include activity meeting the definition of a "truck stop." See requirements in § 240-42.

An area where gasoline is dispensed into motor vehicles, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections, and sale of prepackaged propane. This use may include a "convenience store," provided that all of the requirements for such use are also met. A business that maintains an accessory use of providing motor fuel only for use by vehicles operated by that business shall not, by itself, be considered to be an auto service station. See storage limits and other requirements in § 240-42.

This use is any area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles, boats, or transportable mobile/manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use, provided that all requirements of such use are complied with. This use shall not include a mobile/manufactured home park (unless the requirements for that use are also met) or a junkyard. See requirements in § 240-42.

An enclosed floor area partly or wholly underground. A basement shall be considered a "story" if:

A dwelling and/or its accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for temporary overnight guests, and that meets the maximum number of overnight guests specified in § 240-42 for this use, and which does not provide any cooking facilities for actual use by guests, and which only provides meals to overnight guests, employees and residents of the dwelling. Overnight stays shall be restricted to transient visitors to the area, employees and their family. See requirements in § 240-42.

A place used for lawful gambling activities, including but not limited to off-track pari-mutuel betting and any use of electronic gambling devices. This term shall not regulate state lottery sales or lawful small games of chance.

See "sign, off-premises."

Densely vegetated, depressed features that store stormwater and filter it through vegetation, mulch, planting soil, etc. Ultimately stormwater is evapotranspirated, infiltrated, or discharged. Optimal bioretention areas mimic natural forest ecosystems in terms of species diversity, density, distribution, use of native plants, etc.

A strip of land that: (a) separates one use from another use or feature; and (b) is not occupied by any building, parking, outdoor storage or any use other than open space or approved pedestrian pathways. A buffer yard may be a part of the minimum setback distance, but land within an existing or future street right-of-way shall not be used to meet a buffer yard requirement. See § 240-63.

Any structure having a permanent roof and walls and that is intended for the shelter, work area, housing or enclosure of persons, animals, vehicles, equipment or materials and that has a floor area under roof of greater than 15 square feet. "Building" is interpreted as including "or part thereof." See the separate definition of "structure." Any structure involving a permanent roof (such as a covered porch or a carport) that is attached to a principal building shall be considered to be part of that principal building.

The percentage obtained by dividing the total horizontal area covered by all buildings on a lot by the total lot area of a lot. For the purposes of this definition, "building coverage" shall include all buildings that are under a roof.

The vertical distance from the sill plate of a building along the front facade to the total height of the highest roof surface. Where a sill plate will not exist, such height shall be measured from the finished elevation of the first floor. See height exceptions in Article IX.

The 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. For attached housing, this width shall be the width of each dwelling unit, measured from the center of each interior party wall and from the outside of any exterior wall. For detached buildings, this width shall be measured from the outside of exterior walls.

A building used for the conduct of the principal use of a lot, and which is not an accessory building.

A use involving the 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, unless the use also meets the applicable requirements for a solid waste transfer facility. This definition shall not include a "junkyard."

An area that includes facilities and structures for primarily outdoor recreational activities by organized groups, and/or that involves overnight stays within seasonal cabins or temporary tents by organized groups and/or transient visitors to the area. This term shall only include facilities that are primarily used during warmer months, and which have a maximum impervious coverage of 5%. This term shall not include a recreational vehicle campground.

A development under single ownership of the land with sites being rented, leased or sold through time share for use for tents or recreational vehicle sites for transient visitors to the area, and which may include accessory recreational facilities.

A type of campground that involves persons temporarily living within recreational vehicles.

A structure covered with a roof that is open on two or more sides and is attached to or used in conjunction with a dwelling for the storage of private motor vehicles.

A place used for the burial of two or more noncremated humans.

A type of crop farming involving the raising and harvesting of evergreen trees for commercial purposes. This may include the retail sale during November and December of trees that were produced on the premises.

See "place of worship."

A logging method that removes all trees or the vast majority of trees from a mostly wooded area.

A structure, partially or wholly exterior to a building, used for transmitting or re-transmitting electronic signals through the air, and that does not meet the definition of a "standard antenna." Commercial communications antennas shall include, but are not limited to, antennas used for transmitting commercial radio or television signals, or to receive such signals for a cable system, or to re-transmit wireless telecommunications. A commercial communications tower shall be a structure over 30 feet in height that is primarily intended to support one or more antenna. See standards in § 240-42. This term shall not include a "standard antenna."

The C-1 and C-2 Zoning Districts.

This term includes but is not limited to retail sales, offices, personal services, auto sales, auto repair garages and other uses of a similar profit-making nonindustrial nature. The sale of goods or services from a vehicle on a lot shall also be considered to be a commercial use.

All the real property and improvements, owned in common by residents within the development, which is served by the facilities. Common facilities include, without limitation, landscaped areas, buffers, greenway land not included within title lines of any privately owned lot, and street rights-of-way not dedicated to the municipality.

See "open space, common or preserved."

A non-profit organization comprised of homeowners or property owners, the function of which is to maintain and administer property owned in common by members of the association or by the association, to protect and enhance the value of the property owned individually by each of the members. Homeowners Associations and Condominium Associations are types of Community Associations.

A use that exists solely to provide primarily indoor leisure and educational activities and programs and meeting space to members of the surrounding community and/or certain age groups, and which does not involve substantial use of machinery or noise-producing equipment. The use also may include the preparation and/or provision of meals to low-income elderly persons, as accessory to leisure activities. This shall not include residential uses or a treatment center.

A use listed as a conditional use under § 240-32, which is only allowed after review by the Township Planning Commission and approval by the Board of Supervisors, under § 240-23.

A set of individual dwelling units or other areas of buildings each owned by an individual person(s) in fee simple, with such owners assigned a proportionate interest in the remainder of the real estate which is designated for common ownership, and which is created under the Pennsylvania Uniform Condominium Act of 1980[2] or Uniform Planned Community Act of 1996, as amended.[3]

A large, privately owned and maintained lot, containing an existing dwelling, farm complex, or historic structure, comprising part of the required greenway land in a conservation subdivision design development.

Land containing primary resources as specified in § 210-26.1B(1) of Chapter 210, Subdivision and Land Development. All primary conservation areas within conservation subdivision design developments are required to be located within greenway lands.

Land containing secondary resources as specified in § 210-26.1B(2) of Chapter 210, Subdivision and Land Development. Secondary conservation areas within conservation subdivision design developments are required to be located within greenway lands to the maximum extent possible.

A legal agreement granted by a property owner that strictly limits the types and amounts of development that may take place on such property. Such easement shall restrict the original and all subsequent property owners, lessees and all other users of the land.

A type of subdivision and land development that complies with § 240-39 of this chapter and all other applicable standards of this chapter and Chapter 210, Subdivision and Land Development.

Adjacent parcels of land, including parcels separated by a stream or road.

A use that primarily sells routine household goods, groceries, prepared ready-to-eat foods and similar miscellaneous items to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 6,000 square feet. A convenience store involving the sale of gasoline shall be regulated as an auto service station.

Development that is not approved under the conservation subdivision design provisions of this chapter.

A use involving the creation, display and sale of arts and crafts, such as paintings, sculpture and fabric crafts. The creation of arts and crafts may also be permitted within a home occupation, provided the requirements for such use are met.

The raising of products of the soil and accessory storage of these products. This term shall include orchards, tree farms, wineries, plant nurseries, raising of fish, greenhouses and keeping of animals in numbers that are routinely accessory and incidental to a principal crop farming use. See also "livestock, raising of."

A process provided in the Pennsylvania Municipalities Planning Code that permits a municipality to address the potential invalidity of portions or all of its own Zoning Ordinance.

A building or buildings which are occupied primarily by computers and/or telecommunications and related equipment where digital information is processed, transferred and/or stored, primarily to and from offsite locations. This use does not include computers or telecommunications related equipment that is secondary and customarily incidental to an otherwise permitted use on the property, such as servers associated with an office building. This use shall also include cryptocurrency mining, blockchain transaction processing, and server farms. A data center may include data center accessory uses.

Ancillary uses or structures secondary and incidental to a data center use, including but not limited to: administrative, logistical, fiber optic, storage, and security buildings or structures; sources of electrical power such as generators used to provide temporary power when the main source of power is interrupted; electrical substations; utility lines; domestic and non-contact cooling water and wastewater treatment facilities; water holding facilities; pump stations; water towers; environmental controls (air conditioning or cooling towers, fire suppression, and related equipment); security features, provided such data center accessory uses or structures are located on the same tract or assemblage of adjacent parcels developed as a unified development with a data center. The use may include energy generation systems used or intended to be used to supply power to the data center during normal operations.

A 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.

A use involving the supervised care of children under age 16 outside of the children's own home(s) primarily for periods of less than 18 hours per child during the average day. This use may also include educational programs that are supplementary to state-required education, including a nursery school or Head Start programs. See also the definition of "adult day-care center."

The diameter of a tree trunk measured 4.5 feet above the ground at the base of the tree. If a tree divides or splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.

The total number of dwelling units proposed on a lot divided by the lot area, unless otherwise stated. See § 240-33D for certain uses.

Density is a measure of the number of dwelling units per acre of area. It shall be expressed in dwelling units per acre. Under § 240-33D for certain uses, this measure is determined by dividing the number of dwelling units by the net buildable site area.

The Pennsylvania Department of Environmental Protection and its relevant bureaus.

A type of warehouse or storage use where the primary operation involves products being stored on-site temporarily for the purpose of delivery to another destination, such as a retailer, wholesaler, household or another distribution center. Such use may include refrigerated facilities, and shall include facilities to organize and retrieve products and for unloading from a truck for loading onto a truck. A distribution center primarily involves tractor-trailers bringing products to the facility, and tractor-trailer trucks bringing products from the facility.

A land area within the Township within which certain uniform regulations and requirements apply under the provisions of this chapter.

A linear planting island, perpendicular to parking spaces, which provides buffering between rows of parking.

A 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.

An establishment where at least a portion of patrons are served while the patrons remain in their motor vehicles.

A vehicle route that only serves one or two lots and which is privately owned and maintained and which connects to a street/road.

A building used as nontransient living quarters, but not including a boardinghouse, hotel, motel, hospital, nursing home or dormitory. A dwelling may include a use that meets the definition of a "sectional home."

This chapter categorizes dwellings into the following types:

A single habitable living unit occupied by only one family. See definition of "family." Each dwelling unit shall have: (a) its own toilet, bath or shower, sink, sleeping and cooking facilities; and (b) separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. A dwelling unit shall not include two or more separate living areas that are completely separated by interior walls so as to prevent interior access from one living area to another, unless approved as a unit for care of relative.

A building for the housing of fire, emergency medical or police equipment and for related activities. A membership club may be included if it is a permitted use in that district. This use may include housing for emergency personnel while on call. If the emergency services station is in a commercial district, a tavern, restaurant, bingo hall or banquet hall shall also be allowed.

The highest number of workers (including both part-time and full-time, both compensated and volunteer, and both employees and contractors) present on a lot at any one time, other than clearly temporary and occasional persons working on physical improvements to the site.

Utility 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 shall include the following and closely similar facilities: sanitary sewage lines, water lines, electric distribution lines, stormwater management facilities, cable television lines, natural gas distribution lines, fire hydrants, streetlights and traffic signals. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.

One or more individuals related by blood, marriage or adoption (including persons receiving formal foster care) or up to four unrelated individuals who maintain a common household and live within one dwelling unit. A family shall also expressly include numbers of unrelated persons provided by the group home provision of § 240-42 residing within a licensed group home, as defined herein. Through those provisions and § 240-17D(5), the Township's intent is to comply with the Federal Fair Housing Act, as amended.

A man-made barrier placed or arranged as a line of demarcation, an enclosure or a visual barrier that is constructed of wood, chain-link metal, vinyl or aluminum and/or plastic inserts. Man-made barriers constructed principally of masonry, concrete, cinder block or similar materials shall be considered a "wall." See § 240-43.

An establishment primarily involved with loans and monetary, not material, transactions and that has routine interactions with the public.

See definitions of this term and related terms in Chapter 110, Floodplain Management.

The total floor space within a building(s) measured from the exterior faces of exterior walls or from the center lines of walls separating buildings. Floor area shall specifically include, but not be limited to: (a) fully enclosed porches; and (b) basement or 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 structures.

Areas, groves or stands of mature or largely mature trees [i.e., greater than six inches' caliper (diameter) at a height of three feet above ground], covering an area greater than 1/4 of an acre; or groves of mature trees [greater than 12 inches caliper (diameter) at a height of three feet above ground] consisting of more than 10 trees.

Managing and using, for human benefit, forest lands and natural resources that occur on and in association with forest lands, including trees, other plants, animals, soil and water. This term includes, but is not limited to, the planting, cultivating, harvesting, transporting and selling of trees for commercial purposes, which does not involve any land development.

The plane of the facade of the building closest to the street right-of-way, excluding stoops, porticos, open colonnades, and open porches.

A source of light designed or shielded in such a manner that no light is emitted, either directly or indirectly, at or above a horizontal plane running through the lowest light-emitting part of the light source.

The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character, on a maximum of two days in any thirty-day period.

A sensation of brightness within the visual field which causes annoyance, discomfort or loss in visual performance, visibility and/or ability to focus.

A use owned by a government, government agency or government authority for valid public health, public safety, recycling collection or similar governmental purpose, and which is not owned by Penn Forest Township. This term shall not include uses listed separately in the table of uses in Article IV, such as publicly owned recreation. This term shall not include a prison.

A parcel or parcels of land and/or water, within a conservation subdivision design development, set aside for the protection of natural and cultural resources. Greenway land consists of primary and secondary conservation areas and is permanently restricted against further development. The terms "Greenway" and "Greenway land" are synonymous.

The supply of water contained in interconnected pores located below the water table in an aquifer or geologic formation that forms the natural reservoir for potable water. Groundwater sources include: infiltration of precipitation, streams, lakes, or other water sources.

A dwelling unit operated by a responsible individual, family or organization with a program to provide a supportive living arrangement for individuals where special care is needed by the persons served due to age, emotional, mental, developmental or physical disability. This definition shall expressly include facilities for the supervised care of persons with disabilities subject to protection under the Federal Fair Housing Act, as amended. Group homes must be licensed where required by any appropriate government agencies, and a copy of any such license must be delivered to the Zoning Officer prior to the initiation of the use.

A product or waste, or combination of substances that, because of the quantity, concentration, physical or infectious characteristics, if not properly treated, stored, transported, used or disposed of, or otherwise managed, would create a potential threat to public health through direct or indirect introduction into groundwater resources and the subsurface environment which includes the soil and all subsequent materials located below. Such hazardous material includes, but is not limited to, materials which are included in the latest edition of one or more of the following lists:

Hazardous substances included on the list of "Extremely Hazardous Substances" in Title 40 Code of Federal Regulations Part 355, or its successor provisions and that are stored or used in quantities above the threshold reportable limits in such regulations.

See "building height." To measure the height of any structure that is not a building, it shall be the total vertical distance from the average elevation of the proposed ground level to the highest point of a structure. For height of signs, see Article VIII, Signs.

An area used for the takeoff and landing of helicopters, and related support facilities. A private heliport shall be limited to 15 total takeoffs and landings in any seven-day period and is not open to the general public. A public heliport is one that does not meet the definition of a private heliport. Emergency landing sites are not regulated by this chapter.

Any building, site, or structure that is:

A routine, accessory and customary nonresidential use conducted within or administered from a portion of a dwelling or its permitted accessory building and that meets all of the home occupation requirements of § 240-43. A minor home occupation shall be a home occupation that meets the additional requirements for a minor home occupation stated in § 240-43. A major home occupation shall be a home occupation that does not meet the requirements for a minor home occupation. (Note: In most cases, in a residential district under § 240-32, a minor home occupation is permitted by right, while a major home occupation typically needs special exception approval from the Zoning Hearing Board.)

A use involving the diagnosis, treatment or other medical care of humans that includes, but is not limited to care requiring stays overnight. A medical care use that does not involve any stays overnight shall be considered an office. A hospital may involve care and rehabilitation for medical, dental or mental health but shall not primarily include housing or treatment of the criminally insane or persons actively serving an official sentence after being convicted of a felony. A hospital may also involve medical research and training for health care professionals.

A building or buildings including rooms rented out to persons as clearly transient and temporary living quarters. Any such use that customarily involves the housing of persons for periods of time longer than 120 days shall be considered a "boardinghouse" and shall meet the requirements of that use. See also "bed-and-breakfast" use. A hotel or motel may also include a restaurant, meeting rooms, nightclub, newsstand, gift shop, swim club or tavern, provided that such use(s) is not the principal use of the property.

Hub height means the distance measured from the surface of the tower foundation to the height of the wind turbine hub to which the blade is attached.

Land owned by an organized group of persons formed as a club that is used for hunting, fishing, boating and similar types of passive recreation, and which involves no buildings except those for the recreational, lodging, eating and sanitary facilities for members and invited guests and routinely accessory storage buildings.

The percentage that results from dividing the land area on a lot covered by all "impervious surfaces" by the total land area of the lot. For the purposes of this chapter, impervious surfaces shall be defined as areas covered by buildings, paving or concrete, or other surfaces that have a runoff coefficient of 0.85 or greater. Areas of stone regularly used for vehicle parking and movement shall be considered impervious for the purposes of restricting impervious coverage under the Zoning Ordinance.

The I-1 Zoning District.

Predominantly non-native tree, shrub, vine, or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate that they out-compete many native plant species.

Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials. Junk shall not include: (a) solid waste temporarily stored in an appropriate container that is routinely awaiting imminent collection and proper disposal; (b) toxic substances; (c) yard waste; or (d) items clearly awaiting imminent recycling at an appropriate location. See also Chapter 167, Property Maintenance, Article I, Property Nuisances and Abatement, of this Code, which regulates junk and other nuisances.

Includes any vehicle or trailer that meets any of the following conditions:

The keeping, housing or maintaining of five or more dogs age six months or older, other than a retail pet store in a commercial district. This includes pets, boarded dogs and dogs being bred for resale purposes.

The owner of a legal or equitable interest in land, including the holder of a written, signed and active option or contract to purchase or a person leasing the property (if authorized under the lease to exercise the right of the landowner) or authorized officers of a partnership or corporation that is a landowner.

The definition in § 210-41 of Chapter 210, Subdivision and Land Development, of this Code shall apply.

Light illuminating past any property line without permission.

Illumination that passes from the source through a translucent cover or shade.

The raising and keeping of livestock, poultry or insects beyond the number and type allowed under the "keeping of pets" section of § 240-43 and beyond what is customarily incidental to a principal crop farming use. Raising of livestock or poultry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter that were raised by other operators on other properties.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit. A "lot" shall be a lot of record held in single and separate ownership. If a land area is divided by a public road, the land on each side of the road shall be considered a separate lot, provided the land on each side of the road meets the minimum lot size requirements. The area and depth of a lot shall be measured to the legal right-of-way line of the street. All new lots shall meet the street access requirements of § 240-61.

The horizontal land area contained within the lot lines of a lot (measured in acres or square feet). For the purposes of determining compliance with the minimum lot area, the following shall be excluded:

The property lines bounding the lot. Wherever a property line borders a public street, for the purposes of determining setbacks, the lot line shall be considered to be the street right-of-way line that will exist at the time of completion of a subdivision or development.

The horizontal distance between the side lot lines measured at the minimum prescribed front yard setback line, unless otherwise stated. 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 75% of the width that would otherwise be required.

A lot abutting on two or more intersecting streets which has an interior angle of less than 135° at the intersection of right-of-way lines of two streets.

A complete lighting unit, including the light source, housing, optics, electronics, and other necessary components for the purpose of providing outdoor illumination.

An establishment that meets all of the following criteria:

An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business.

The removal from the surface or beneath the surface of the land of bulk mineral resources using significant machinery. This use also includes accessory stockpiling and processing of mineral resources. "Mineral extraction" includes but is not limited to the extraction of sand, gravel, topsoil, limestone, sandstone, oil, coal, natural gas, clay, shale and iron ore. The routine movement of and replacement of topsoil during construction shall not by itself be considered to be mineral extraction.

See under definition of "dwelling types."

A lot under single ownership which includes two or more mobile/manufactured homes for residential use. The individual manufactured homes may be individually owned. A development of mobile/manufactured homes that is subdivided into individual lots shall be regulated in the same manner as a subdivision of site-built homes, and shall not be considered to be a "mobile home park." See § 240-42.

An automobile, recreational vehicle, truck, bus, motorcycle, all-terrain vehicle or similar means of transportation designed to carry persons or cargo on roads and that is powered by mechanized means.

The Pennsylvania Municipalities Planning Code, as reenacted and amended.[6]

A downward vertical line directly beneath a luminaire, opposite to zenith.

A lot which does not conform with the minimum lot width or area dimensions specified for the district where such lot is situated, but was lawfully in existence prior to the effective date of this chapter, or amendments hereinafter enacted.

A structure or part of a structure that does not comply with the applicable lot coverage, dimensional and other provisions in this chapter, as amended, where such structure lawfully existed prior to the enactment of such ordinance or applicable amendment(s). Such nonconforming structures include but are not limited to signs. See § 240-65.

A use, whether of land or of a structure, which does not comply with the applicable use provisions in this chapter or amendment(s), where such use was lawfully in existence prior to the enactment of this chapter or applicable amendment(s). A use granted by variance is not a nonconforming use. See § 240-65.

A facility licensed by the state for the housing and intermediate or fully skilled nursing care of three or more persons. See § 240-42.

A use that involves administrative, clerical, financial, governmental or professional operations and operations of a similar character. This use shall include neither retail (except incidental sales such as eyeglasses in an optometrist office) nor industrial uses, but may include business offices, medical offices, laboratories, photographic studios and/or television or radio broadcasting studios.

A parcel or parcels of land within a tract which meets all of the following standards (this term shall not apply to open space that is required to be set aside as part of a conservation subdivision design development: for such open space within a conservation subdivision design development, see the definition of "greenway land"):

The Penn Forest Township Zoning Ordinance, including the Official Zoning Map, as amended.

The Commonwealth of Pennsylvania.

Off-street parking and aisles for vehicle movement unless otherwise stated.

A planting island within and at the ends of a row of parking spaces, and parallel to the parking spaces.

The Pennsylvania Department of Transportation, or its successor, and its subparts.

Allowed uses in which zoning matters may be approved by the Zoning Officer, provided the application complies with all requirements of the Zoning Ordinance. A nonconforming use shall not be considered to be a permitted by right use, a special exception use or a conditional use.

See "assisted-living facility."

An establishment that provides a service oriented to personal needs of the general public and which does not involve primarily retail or wholesale sales or services to businesses. Personal services include barber and beauty shops, photography studios, shoe repair shops, household appliance repair shops, and other similar establishments, but shall not include any adult uses, as herein defined.

The keeping of domesticated animals of types that are normally considered to be kept in conjunction with a dwelling for the pleasures of the resident family. This shall include dogs, cats, small birds, gerbils, rabbits and other animals commonly sold in retail pet shops. See § 240-42.

An area of open space and pavilions that is not publicly owned and is used for group picnics and related outdoor recreation, and which is used on a commercial basis.

Buildings, synagogues, churches, religious retreats, monasteries, seminaries and shrines used primarily for religious and/or spiritual worship and that are operated for nonprofit and noncommercial purposes. If a religious use is primarily residential in nature, it shall be regulated under the appropriate "dwelling type." See standards in § 240-42.

A type of primarily residential development that meets § 240-38 of this chapter and which may be allowed to include certain commercial uses, and which is required to include common open space.

See "Conservation Area, Primary."

A principal structure which is also a building.

See "Solar Energy Facility, Principal."

The structure in which the principal use of a lot is conducted. Any structure that is physically attached to a principal structure shall be considered part of that principal structure.

A dominant use(s) or main use on a lot, as opposed to an accessory use.

A correctional institution within which persons are required to inhabit by criminal court actions or as the result of a criminal arrest or because a juvenile was classified as delinquent.

Notice required by the Pennsylvania Municipalities Planning Code. (Note: As of the adoption date of this chapter, for a Zoning Hearing Board hearing or an amendment to this chapter, such Act generally required a legal advertisement published once each week for two successive weeks in a newspaper of general circulation in the Township, which states that time and place of a meeting/hearing and the particular nature of the matter to be considered. The first publication shall not be more than 30 days and the second publication not less than seven days from the meeting/hearing date.)

A use which is operated, owned or maintained by a public utility corporation and regulated by the Pennsylvania Public Utility Commission in accordance with the requirements of the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq., or which is operated, owned or maintained by a municipality or a municipal authority organized under the laws of the Commonwealth of Pennsylvania to provide public water service, public sewer service, or similar services.

Leisure facilities owned, operated or maintained by governmental entities for use by the general public. "publicly owned recreation" is a distinct use from indoor recreation or outdoor recreation.

The replenishment of water by precipitation or connection from an overlying water body or watercourse. Recharge occurs as precipitation percolates through soils and unconsolidated overburden generally moving downward until it reaches the upper saturated zone or water table. Recharge can also occur from a stream, lake, pond, etc., when the water body or watercourse is disconnected from (lies above) the water table and therefore leaks or drains downward to connect to the upper saturated zone.

The offering of leisure-time activities to unrelated persons. This term shall not include any adult use. For the purposes of this chapter, recreation facilities shall be permitted by right as an accessory use when clearly limited to residents of a development and their occasional invited guests.

Recreation which is not offered for commercial gain and for which an entry or participation fee is not charged.

A use 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 500 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 by right accessory use to a public or private primary or secondary school, a place of worship, a Township-owned use or an emergency services station.

Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: spouse, brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, parent-in-law or first cousin. This term specifically shall not include relationships such as second, third or more distant cousins. See definition of "dwelling unit."

Shops for the repair of appliances, watches, guns, bicycles and other household items.

A use or structure that is clearly accessory, customary and incidental to a principal residential use on a lot, including the following uses and uses that are very similar in nature: garage (household), carport, tennis court, garage sale, basketball backboard, household swimming pool, gazebo, storage shed, greenhouse, children's playhouse or children's play equipment. No business shall be conducted in a household garage or storage shed that is accessory to a dwelling, except as may be allowed as a home occupation.

The R-1, R-2 and R-3 Zoning Districts.

The lot line of a lot that: (a) contains an existing primarily residential use; or (b) is undeveloped and zoned as a residential district.

A use in which merchandise is sold or rented to the general public, but not including the following: sales of motor vehicles or boats, adult movie theater, adult bookstore, manufacturing, tavern, car wash, auto service station, auto repair garage, convenience store or any restaurant.

An area or strip of land which is reserved or dedicated for use as a street, sidewalk, or other transportation system, or for one or more utilities, or for other public or quasi-public purposes. The term "right-of-way" by itself shall mean the street right-of-way, unless another meaning is otherwise stated or clearly implied from the context in which it is used.

See "boardinghouse."

An educational institution primarily for persons between the ages of five and 19 that primarily provides state-required or largely state-funded educational programs. This term shall not include "trade schools."

Year-round plant material of substantial height and density designed to provide a buffer. See requirements in § 240-63D.

See "Conservation Area, Secondary."

A building or group of buildings divided into individual separate access units which are rented or leased for the storage of personal and small business property.

Sensitive receptors shall include residential uses, schools, preschools, child day care, adult day-care centers, hospitals, assisted-living facilities, long-term-care facilities, nursing homes, personal care homes, retirement communities, treatment centers, community centers, places of worship, parks (excluding trails), campgrounds, and dormitories.

A line separating a "yard" from the area within which a building or use is allowed.

Sanitary sewage service to a building by a Township-approved sewage collection and disposal system that serves five or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.

Sanitary sewage service to a building that does not meet the definition of "central sewage service," such as but not limited to an individual on-lot septic system.

Central sanitary sewage service by a system owned and/or operated by a municipality or a municipal authority.

A dwelling unit that is rented and/or leased, in whole or in part, for a transient use in exchange for rent, compensation or remuneration of any kind. This definition applies to all types of dwelling units rented and/or leased for a transient use under this chapter, unless excluded herein, including (but not limited to) single-family detached, twin dwelling units, townhouses, row houses or apartments, whether or not primarily used as permanent residences or seasonal or vacation homes.

An area required to be kept free of certain visual obstructions to traffic. See § 240-63.

Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in Article VIII. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.

See Article VIII.

A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located.

The ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining lot.

Shall include one or more of the following activities:

All land area within the site as defined in the deed. Actual area shall be from an actual site survey rather than deed description.

The area of a tract of land remaining after subtracting land which is not contiguous, land previously subdivided and existing road and utility rights-of-way from the site area. See § 240-33D.

A calculated area upon which the density and impervious surface ratio requirements for the various districts are computed. It can be determined for a particular tract of land by completing the calculations found in § 240-33D.

The maximum number of dwelling units, the maximum impervious surfaces, the buildable portion of the site, and the minimum open space as calculated under the provisions of § 240-33D.

An area of land, 3,000 square feet or greater, where the grade is 15% or greater. Steep slopes are divided into two categories:

A property owner's right to have sunlight shine on the owner's land.

A solar easement means a right, expressed as an easement, restriction, covenant, or condition contained in any deed, contract, or other written instrument executed by or on behalf of any landowner for the purpose of assuring adequate access to direct sunlight for a solar energy system.

Radiant energy received from the sun.

The entity responsible for the day-to-day operation and maintenance of a principal solar energy facility or its solar energy system(s).

The person or entity having an equity interest in the principal solar energy system or facility, including such person's heirs, successors and assigns.

An area of land or other area used for a solar energy system to collect solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for on-site use. An accessory solar energy facility consists of one or more free-standing ground, or roof mounted solar arrays or modules and other solar related equipment and is intended to primarily reduce on-site consumption of utility power or fuels.

An area of land or other area used for a solar energy system principally used to collect solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one or more free-standing ground, or roof mounted solar collector devices, other solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchanges, substations, electrical infrastructure, transmission lines and other appurtenant structures.

An energy system that consists solar related equipment and other associated infrastructure with the primary intention of capturing solar energy and generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy.

Equipment including solar photovoltaic cells, modules, panels, or arrays, solar hot air or water collector devices, lines, pumps, batteries, mounting brackets, framing and possibly foundations or other structures used for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat.

An area where municipal solid waste and similar materials are deposited on land, compacted, covered with soil and then compacted again, and which has a permit from DEP to operate as a sanitary landfill.

Land or structures where solid waste is received and temporarily stored, at a location other than the site where it was generated, and which facilitates the bulk transfer of accumulated solid waste to a facility for further processing or disposal. Such facility may or may not involve the separation of recyclables from solid waste. Such facility shall not include a junkyard, leaf composting, clean fill or septage or sludge application. Composting of wood, leaves and other vegetative matter shall not be regulated as a transfer facility.

An area where municipal solid waste and similar materials are incinerated or otherwise processed to result in usable energy for off-site use.

A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this chapter, provided the use complies with the conditions and standards required by this chapter. See § 240-22.

One or more of the following:

Specimen trees shall include the following:

The Commonwealth of Pennsylvania and its agencies.

A level of a building routinely accessible to humans having an average vertical clearance above the ground of six feet or greater and that has a floor-to-ceiling height of seven feet or greater shall be considered a full story. Any level of a building having a floor-to-ceiling height of less than seven feet shall be considered a "half story."

A public or private thoroughfare which provides the principal means of vehicle access to three or more lots or that is an expressway, but not including an alley or a driveway. The terms "street," "highway" and "road" have the same meaning and are used interchangeably.

State Routes 903 and 534.

A street which intercepts local streets to provide a route giving access to community facilities and/or other collector and arterial streets.

A street used primarily to provide access to abutting residential properties.

Any man-made object having a stationary location on, below or in land or water, whether or not affixed to the land. Any structure shall be subject to the principal or accessory setbacks of this chapter, as applicable, unless specifically exempted or unless a specific setback is established for that particular type of structure by this chapter. For the purposes of this chapter, utility poles, stormwater basins, wells, paving and septic systems shall not be considered structures and shall not be subject to minimum zoning setback requirements unless stated otherwise.

The definition in § 210-41 of Chapter 210, Subdivision and Land Development, of this Code shall apply.

The Penn Forest Township Subdivision and Land Development Ordinance, as amended.[7]

A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that is intended to serve the residents of only one dwelling unit and their occasional guests. See § 240-43.

A man-made area with walls of man-made materials intended to enclose water at least 24 inches deep for bathing or swimming and that does not meet the definition of a "household" swimming pool.

A place where alcoholic beverages are served as a primary or substantial portion of the total trade and which does not meet the definition of an "after-hours club." The sale of food may also occur. See also the definition of "restaurant."

A building or part of a building devoted to the showing of motion pictures or theatrical or performing arts productions as a principal use, but not including an outdoor drive-in theater or adult movie theater.

The outdoor storage of more used tires on a lot that is allowed by the standards of § 240-43 under "outdoor storage."

See "dwelling types."

Penn Forest Township, Carbon County, Pennsylvania.

A facility that: (a) is primarily intended for education of a work-related skill or craft or a hobby; and (b) does not primarily provide state-required education to persons under age 16. Examples include a dancing school, martial arts school, cosmetology school or ceramics school.

A person involved with building trades, such as but not limited to plumbing, electrical work, building construction, building remodeling, and roofing.

Occupancy, use or possession of a dwelling unit by a person or persons for a period of less than 30 consecutive days, other than the owner(s) of the dwelling unit or tenant(s) of the dwelling unit with a lease for 30 consecutive days or more, and/or the family of such owner(s) or tenant(s); and further excluding temporary stays by unrelated individuals that are guests of the owner or tenant of the dwelling unit without the payment of any type of rent, compensation or other remuneration.

A type of distribution center that also serves as a center of operations for a trucking company and for the storage of trucks and trailers.

A dwelling unit that:

Any motor vehicle or trailer that does not display a license plate with a current registration sticker and does not have a valid state safety inspection sticker. This term shall not apply to vehicles (such as licensed antique cars) for which state regulations do not require an inspection sticker. The term also shall not include motor vehicles displaying a license and inspection stickers that have each expired less than 60 days previously.

The purpose, activity, occupation, business or operation for which land or a structure is designed, arranged, intended, occupied or maintained. Uses specifically include but are not limited to the following: activity within a structure, activity outside of a structure, any structure, recreational vehicle storage or parking of commercial vehicles on a lot.

The granting of specific permission by the Zoning Hearing Board to use, construct, expand or alter land or structures in such a way that compliance is not required with a specific requirement of this chapter. Any variance shall only be granted within the limitations of the Pennsylvania Municipalities Planning Code.[8] See § 240-17.

See "fence."

A building or group of buildings used for the indoor storage, transfer, sorting and distribution of products and materials. A distribution center is a type of warehousing or storage use.

An area of surface water such as a pond, lake, or reservoir.

Any channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

Water supply service to a building by a Township-approved water supply system that serves 20 or more lots, and which includes an appropriate mechanism to ensure long-term professional operation and maintenance of the system.

Water supply service to a building that does not meet the definition of central water service, such as but not limited to an individual on-lot well.

Central water service by a system owned and/or operated by a municipality or a municipal authority.

An area that is inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this Ordinance. In the event the definition of wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the Pennsylvania Department of Environmental Protection, the more restrictive definition shall apply.

Wind rotor means the blades, plus the hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is mounted on a pole or tower or other suitable structure along with other generating and electrical equipment to form a wind turbine.

Wind turbine means a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator, and includes the nacelle, wind rotor, tower, and pad transformer, if any.

A tree mass or plant community in which tree species are dominant or co-dominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove, or stand of mature or largely mature trees (larger than 12 inches dbh) covering an area of 1/4 acre or more, or consisting of 10 individual trees larger than six inches dbh, shall be considered a woodland. The extent of any woodland plant community or any part thereof shall be measured from the outer-most drip line of all the trees in the plant community.

An area not permitted to be covered by buildings and principal structures and that is on the same lot as the subject structure or use. A minimum yard is also known as a minimum setback. Each required yard shall be measured inward from the abutting "lot line," existing street right-of-way or setback required from a street under § 240-33, whichever is most restrictive. Regulations of each district prohibit principal and accessory structures within the specified minimum yards.

A yard measured a distance measured from and running parallel to the front lot line, street right-of-way line or setback required by § 240-33, whichever is most restrictive. Such yard shall extend the full width of the lot from side lot line to side lot line.

The Official Zoning Map of Penn Forest Township, Carbon County, Pennsylvania.[9]

The person charged with the duty of enforcing the provisions of this chapter and any officially designated assistant Zoning Officer. See § 240-16.

The Penn Forest Township Zoning Ordinance, as amended.[10]