Plains Township City Zoning Code

PART 2

Definitions

§ 27-201. Application and Interpretation.

The definition of words included herein are provided to facilitate the interpretation of this Chapter for administrative and enforcement purposes. Unless expressly stated otherwise, within the context of the Chapter, the following shall apply:

A. Words used in the present tense shall include the future tense.

B. The word “person” shall include a profit or nonprofit corporation, company, partnership, individual or single proprietorship.

C. The words “used” or “occupied” as applied to any land or building shall include the words “intended”, “arranged” or “designed” to be used or occupied.

D. The word “building” shall include “part thereof” and “structure”.

E. The word “lot” shall include “plot” or “parcel”.

F. The word “shall” is always mandatory.

G. The singular number shall include the plural, and the plural the singular.

H. The masculine gender shall include the feminine and neuter.

I. The word “street” shall include “road”, “highway” and “lane”.

(Ord. 1998-1, 3/19/1998, § 201)

§ 27-202. Definition of Terms.

For the purpose of this Chapter, the following words, terms and phrases have the meaning indicated herein:

Abandonment–to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining, or otherwise improving or rearranging a facility, subject to completion of the work within one year from the issuance of a building permit.

Abutting–having a common border with, or being separated from such a common border by a right-of-way, alley or easement.

Access–a way or means of approach to provide physical ingress and/or egress to a property.

Accessory structure–a subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.

Accessory use–a use incidental to, and on the same lot as, a principal use.

Adjoining property–a property having a contiguous property boundary with a separate property, including properties with any amount of opposite front, rear or side yard areas that are separated by a right-of-way, alley or easement. [Ord. 2009-5B]

After hours–a use with the hours of operation from 2:00 a.m. to 6:00 a.m. offering any form of entertainment which may include but is not limited to music and dancing that is operated for profit or pecuniary gain which has a capacity for ten or more persons which does not serve or allow consumption of any alcoholic beverages upon premises. [Ord. 2016-1]

Alley–a public right-of-way intended and/or used as a secondary means of access to abutting property.

Alteration–any change, addition or modification in construction or occupancy of an existing structure.

Alteration, structural–any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders.

Amendment–a change in the regulations and provisions of this Chapter, including changes to boundaries of zoning districts as provided upon the Zoning Map.

Antenna, commercial–a device used for to collect and/or transmit telecommunication signals, radio signals, television signals, wireless phone signals or similar signals in association with a commercial enterprise, which may or may not be regulated by the FCC (Federal Communications Commission).

Antenna support structure, commercial–a tower, pole, mast or similar structure which supports equipment used to transmit and/or receive telecommunication signals, radio signals, television signals, wireless phone signals or similar signals in association with a commercial enterprise.

Automobile wrecking yard (see also “junkyards”)–the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled or wrecked vehicles or their parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been or are to be removed for reuse or sale, shall constitute prima facie evidence of an automobile wrecking yard.

Automotive sales–the use of any building, structure or land, other than a street, for the display and sale or rental of motor vehicles, which are in operable condition. The owner/operator of this business must have a valid state license for the sale or rental of such motor vehicles. Any related repair shall be conducted within an enclosed building and shall be an accessory use.

Bakery, retail–a retail limited bakery primarily serving individual public consumers.

Bakery, wholesale–a business processing and producing bakery products primarily for retail bakeries as opposed to individual consumers.

Basement–that portion of a building that is partly or completely below grade. A basement shall be counted as a story if the vertical distance from the average adjoining grade to the ceiling is five feet or greater.

Bed and breakfast–a private owner occupied residence with one of three guestrooms. The bed and breakfast is subordinate and incidental to the main residential use of the structure. Individual guest are prohibited from staying at a bed and breakfast for more than 14 days in any one year period. [Ord. 2016-1]

Boarding house or rooming house–a structure or portion thereof which contains rooming units which are rented or leased, with the occupants of said units being nontransient, and utilizing said location as a legal place of residence. The term “boarding house or rooming house” shall specifically exclude the following:

(1) Dwelling.

(2) Dwelling unit.

(3) Motel and/or hotel.

(4) Group residence.

Bottle club–an establishment operated for profit or pecuniary gain which has a capacity for the assemblage of ten or more persons 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 license under the Act of April 12, 1951 (P.L. 90, No. 21) known as the “Liquor Code,” 47 P.S. §§ 1-101 et seq., or any organization as set forth in § 6 of the Act of December 19, 1990 (P.L. 1200, No. 202) known as the “Solicitation of Funds for Charitable Purposes Act,” 10 P.S. §§ 162.1 et seq.. Said club shall not include a restaurant as defined in this Section. [Ord. 2016-1]

Buffer area–a method of improvements designed to separate and substantially obstruct the view of two adjacent land uses or properties from one another. For the purpose of this Chapter when a buffer area is required it shall be deemed represent a fence or stone wall with cork fitting, eight feet in height with two staggered rows of evergreen trees planted in front of the fence with the spacing distance between trees not less than eight feet or greater than ten feet. Said trees shall be not less than eight feet in height at the time of planting.

Building–any structure having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals or property.

Building, accessory–a subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.

Building coverage–the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

Building height–the vertical distance of a building measure from the average elevation of the proposed finished grade within 20 feet of the structure to the highest point of the roof for flat roofs; to the deck line of mansard roofs and to the average height between eaves and the ridge for gable, hip and gambrel roofs.

Building, principal–a building in which is conducted the principal use of the lot on which it is located.

Caregiver–the individual designated by a patient to deliver medical marijuana. [Ord. 2018-7]

Carport–a roofed structure opened on two or more sides and used for the storage of private motor vehicles. It may be constructed as a separate accessory structure or part of the principal structure.

Car wash–an area of land and/or a structure with machine or hand-operated facilities used principally for the interior and/or exterior cleaning, washing, polishing or waxing of motor vehicles.

Cellar–the portion of any building which is located partly underground, but having one-half or more of its height, measured from finished floor grade to finished ceiling, below the average grade of the adjoining land. A cellar shall not be counted as a story for the purposes of administering height regulations of this Chapter.

Cemetery–land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

Certificate of zoning compliance–the certificate (sometimes called “occupancy permit”) issued by the Zoning Officer after he or she has inspected any structure, building, sign and/or land or portion thereof for which a zoning permit was issued in order to determine compliance with the terms of the permit and this Chapter before the structure, building, sign and/or land or portion thereof can be lawfully used and/or occupied.

Certified medical use–the 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, including enabling the patient to tolerate treatment for the serious medical condition. [Ord. 2018-7]

Change of use–any use which differs from the previous use of a building, structure or land.

Child care facility–

Child care services–the provision of out-of-home care for children for part of a 24-hour day, excluding the care provided by relatives.

Family child care center–a residential structure in which child care services are provided for more than six but less than 12 children, at any one time, where the child care areas are also used as a portion of a family residence.

Group child care home–a structure in which child care services are provided for seven or more children at any one time, where the child care areas within the structure are not jointly used as a portion of a family residence.

Chimney–a vertical structure containing one or more flues for drawing off emissions from a stationary source of combustion, including, but not limited to, those attached to an outdoor fuel furnace. [Ord. 2007-5A]

Church–(see “place of worship”).

Clean wood–natural wood that has no paint, or other types of coatings, and natural wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote or pentachlorophenol. [Ord. 2009-5B]

Clear sight triangle–an area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the “corner” so as not to interfere with traffic visibility across the corner.

Clinic–a facility comprised of professional offices, for the examination and treatment of persons as outpatients by physicians, dentists or other licensed medical specialists, in which said medical practitioners work in cooperative association. Said clinics may provide medical services customarily available at hospitals, excluding overnight care of patients and 24-hour emergency service.

Club–buildings or facilities owned or operated by a corporation, association or persons for a social, educational or recreational purpose; but not primarily for profit or to render a service that is customarily carried on as a business.

Commercial, retail–sale or rental with incidental service of commonly used goods and merchandise for personal or household use but excludes those classified more specifically by definition. [Ord. 2007-5A]

Commercial use–an occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.

Common open space–a parcel or parcels of land, which may include an area of water, within a development site and designated and intended for the use or enjoyment of residents of a planned residential development, exclusive of streets, off-street parking areas and areas set aside for public facilities.

Community center–a place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.

Conditional use–a use that, owing to some special characteristics attendant to its operation or installation, is permitted in a zoning district subject to approval by the Board of Commissioners and subject to special requirements, different from those usual requirements for the zoning district in which the conditional use may be located.

Condominium–a building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Continuing care facility–

(1) An age-restricted residential development, as defined in current state licensing requirements, designed, operated and maintained to provide a continuum of accommodations and care for retired adults that may include:

(a) Independent dwelling units.

(b) Skilled nursing facilities.

(d) Personal care facilities.

(2) A continuing care facility may also include supporting services and facilities that encompass dinning, recreational and social activities limited to residents within said facility.

[Ord. 2003-4]

Contractor’s storage–a lot, building, or part thereof, used to store materials used by a contractor in the construction of a road, highway, structure or building, landscaping or utilities.

Convenience store–any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same.

Convenience store with gas sales–any retail establishment offering for sale prepackaged food products, household items and other goods commonly associated with the same, along with the retail sales of gasoline and related fuel products.

Convention center–a facility designed to accommodate 300 or more persons and used for conventions, conferences, seminars, product displays, recreation activities and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premises consumption. [Ord. 2007-5A]

County Planning Commission–the Planning Commission of Luzerne County.

Critical areas–an area with one or more of the following characteristics: stream corridors, streams, floodplain areas, wetlands, slopes which equal or exceed 15 percent, soils classified as highly acidic or highly erodible, soils classified as having a high water table, land and associated soils which display poor percolation, mature stands of native vegetation and aquifer recharge and discharge area.

Day care center–a structure in which child care services are provided for seven or more children at any one time, where the child care areas within the structure are not jointly used as a portion of a family residence.

Day care facility–a facility for the provision of out-of-home care for children for part of a 24-hour day, excluding the care provided by relatives, and licensed as such by the state.

Day care home–a residential structure in which child care services are provided for more than six but not less than 12 children, at any one time, where the child care areas are also used as a portion of a family residence.

Day care services–the provision of out-of-home care for children for part of a 24-hour day, excluding the care provided by relatives.

Decision–final adjudication of any board or other body granted jurisdiction under any land use ordinance or this act to do so, either by reason of the grant of exclusive jurisdiction or by reason of appeals from determinations. All decisions shall be subject to appeal to the Court of Common Pleas of Luzerne County.

Density–the number of dwelling units permitted per net unit of land.

Determination–

(1) Final action by an officer, body or agency charged with the administration of any land use ordinance or applications thereunder, except the following:

(a) The Board of Commissioners.

(b) The Zoning Hearing Board.

(c) The Planning Commission, only if and to the extent the Planning Commission is charged with final decision on preliminary or final plans under the Subdivision and Land Development Ordinance [Chapter 22] or planned residential development provisions.

(2) Determinations may be appealed only to the boards designated as having jurisdiction for such appeal.

Development–any human-made improvements to improved or unimproved real estate. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining, dredging, filling, grading, paving, excavation, drilling, land disturbance and any use or extension of the use of land shall be deemed to constitute a development.

District–(see “zoning district”).

Dry cleaner, retail–a retail limited-processing dry cleaner primarily.

Dwelling–one or more rooms, designed, occupied or intended for occupancy as separated living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.

Dwelling, multiple–a building containing three or more dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar. The term “townhouse” is excluded under this term (see definition of “townhouse”).

Dwelling, single-family–a detached building arranged or used for occupancy by one family. A mobile home or similar manufactured housing unit which permanently attached and anchored to a permanent foundation shall be deemed to be a single-family dwelling unit

Dwelling, two-family–a detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.

Mobile home–a transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

Townhouse–a residential structure constructed as a single entity containing a row of more than two single-family attached dwelling units but not more than seven single-family attached dwelling units, whereby each unit may be sold as an individual single-family attached unit, with each unit having a lot under individual or association ownership. Each unit shall have its own front and rear access to the outside and may have a common or public open space, such as an off-street parking area, yard area, recreational area or similar common area. No dwelling units shall be located over another unit and each unit shall be separated from another unit by one or more party walls without openings.

[Ord. 2007-5A]

Dwelling unit–one or more rooms physically arranged 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.

Easement–a grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.

Entertainment facilities–commercial establishments engaged in providing entertainment such as an arcade, bowling alley, billiard hall, amusement park, skating rink, water park, water-themed amenities or similar facility, as well as general entertainment events, including, but not limited to, outdoor concerts, fireworks, sporting events and festivals. [Ord. 2007-5A]

Environmental impact statement–a report and/or series of reports on the effect of a proposed development or major action which may significantly affect the environment and associated features thereunder.

Excavation–removal or recovery by any means whatsoever of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.

Family–one or more persons occupying a dwelling unit and living together as a single nonprofit housekeeping unit. Foster children placed into the care and custody of a family shall be deemed to be a member of the family. A group in excess of four individuals who are not related by blood, marriage or legal adoption, shall not be deemed to constitute a family.

Flood–the temporary inundation of normally dry land.

Flood, 100-year–a flood that on the average is likely to occur once every 100 years, i.e., that has a one percent chance of occurring each year, although the flood may occur in any year.

Floodplain–a relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby stream, river or watercourse; and/or any area subject to the unusual and rapid accumulation of surface water from any source.

Floodproofing–any combination of structural and nonstructural additions, changes or adjustments to properties and structures which reduce or eliminate flood damage to property, structures and contents of buildings.

Floodway–the channel of a river, stream or other watercourse and the adjacent land areas that must be reserved in order to discharge the 100-year flood within cumulatively increasing the water surface elevation more than one foot at any point.

Floor area, gross–the sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the interior faces of exterior walls.

Floor area ratio–determined by dividing the gross floor area of all buildings on a lot by the area of that lot.

Forestry–(also see “timbering harvesting”) the management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes which does not involve any land development. [Ord. 2007-5A]

Frontage–the length of any one property line of a premises, which property line abuts a legally accessible street right-of-way.

Funeral home–a building or part thereof used for human funeral services. Such building may contain space and facilities for:

(1) Embalming and the performance of other services used in preparation of the dead for burial;

(2) The performance of autopsies and other surgical procedures;

(3) The storage of caskets, funeral urns and other related funeral supplies; and

(4) The storage of funeral vehicles, but shall not include facilities for cremation.

Garage, private–a noncommercial building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.

Garage, repair–a building designed and used for the storage, care, repair or refinishing of motor vehicles including both minor and major mechanical overhauling, paint and body work.

Garden apartments–two or more multi-family residential structures, each containing more than two but not more than eight dwelling units, having a common hallway for entrance into such dwelling units.

Gas station–a property or a portion thereof where gasoline as fuel is stored and dispensed from fixed equipment into the fuel tanks of motor vehicles. Such an establishment may offer for sale at retail other convenience items as a clearly secondary activity and may also include a freestanding automatic car wash. [Ord. 2007-5A]

Gas station, limited-service–a facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides and minor automobile accessories. In addition, such a facility may provide minor vehicle servicing, minor repairs and maintenance, including engine rebuilding but not reconditioning of motor vehicles, collision services such as body, frame or fender straightening and repair, or overall painting of automobiles. [Ord. 2007-5A]

General nuisance–

(1) Any use considered to be inconsistent with the public comfort, convenience, health, safety and general welfare, including the following: fire and explosion hazards; electrical and radioactive disturbances; noise and vibration; dust, dirt and fly ash; glare; smoke and odors; and other forms of air pollution.

(2) Any use operated or conducted in manner which directly or indirectly endangers the public health safety and/or welfare, including, but not limited to, having a detrimental effect on an adjoining property or use of property and/or the community.

(3) A property in a continuing state of disrepair that is not fit for human habitation and/or occupancy with the potential to attract vermin and/or deemed to be a fire hazard to adjoining properties.

(4) A property that contains trash, junk and/or one or more inoperable motor vehicles.

[Ord. 2009-5B]

Governing body–the Board of Commissioners of Plains Township, Luzerne County, Pennsylvania.

Group residence–a dwelling unit which is shared under congregate living arrangements by three persons or more, who are residents of the dwelling unit by virtue of their need to receive supervised services limited to health, social and/or rehabilitative services provided by a person or persons or their licensed or certified agents, a governmental agency or their licensed or certified agents, a responsible corporation or their licensed or certified agents, a partnership or limited partnership or their licensed or certified agents or any other legal entity. Such services shall be provided on a continuous basis in a family-like environment to persons who are in need of supervision and/or specialized services in a residential setting:

(1) The following shall not be deemed to constitute a group residence:

(a) A boarding home and/or a personal care boarding home.

(b) A facility providing shelter and/or rehabilitative care or treatment of persons for alcoholism and/or an addiction to a controlled substance.

(c) A facility for persons released from or under the jurisdiction of a governmental bureau of corrections or similar institution.

(2) A group residence is use by special exception in Zones B-1 and B-3 Zones. Any request for zoning application will also require the following information to the Zoning Officer.

(a) In a narrative form, a statement of the proposed use, including its location, number of residents, name, telephone number and contact person of the sponsoring agency.

(b) Proof of all required approvals, permits and licenses that are necessary and/or have been granted from the Federal, State and County governments or other public agencies.

(c) The group residence shall comply with all zoning regulations in the district in which it intends to, and is approved to, be located.

(d) All information that is required by the Township of Plains Zoning and Code Enforcement shall be provided prior to issuing any permit, occupancy permit, or certificate of zoning compliance.

(e) The group residence shall maintain a similar appearance, condition and character to existing dwellings and or structures in the immediate vicinity of the group residence.

(f) Occupants of the group residence shall live as a family unit.

Grower and processor of medical marijuana–a person that holds a permit from the Department of Health to grow and process medical marijuana. The term includes a research center administering a medical marijuana research program. [Ord. 2018-7]

Halfway houses–a facility for the housing, rehabilitation and training of three persons or more on probation, parole or early release from a county, state or federal correctional institution.

(1) A halfway house shall be a use, by special exception in Zones B-1 and B-3, directly affiliated with a parent institution or organization that shall provide full-time supervision and administration to the residents of the house.

(2) A common food preparation and dining area must be provided; no food preparation or dining facilities shall be provided in individual rooms or suites.

(3) The residents of the halfway house shall reside on the premises to benefit from the services provided.

(4) The halfway house shall not be located within 1,000 feet of any religious structure, public recreation facility, school facility, day-care center or public library.

(5) The halfway house shall not be located within 1,000 feet of another halfway house.

(6) Each special exception application shall be accompanied by a statement describing the following:

(a) the configuration of the halfway house;

(b) the policies and goals of the halfway house and the means proposed to accomplish those goals;

(d) the operating methods and procedures to be used; and

(e) any other facts relevant to the proposed operation of the halfway houses.

(7) Any permit granted for the halfway house shall be bound to the type and number of offenders listed in the application. Any change in the type or number of offenders being housed shall require a new hearing before the Township of Plains Board of Commissioners. [Ord. 2018-9]

Hazardous substances–any material that, by reason of its quantity, concentration or physical, chemical or infectious characteristics may:

(1) Cause, or significantly contribute to, an increase in mortality or an increase in a serious irreversible or incapacitating reversible illness.

(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.

This definition shall be deemed to include radioactive material and medical waste.

Health/recreation facility–an indoor facility including uses such as game courts, exercise equipment, locker rooms and related facilities.

Height–the vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and the ridge for gable, hip and gambrel roofs, measured from the curb level if the building is not more than ten feet from the front lot line or from the grade in all other cases.

Height of antenna support structure, commercial–the vertical distance measured from the base of the antenna support structure to the highest point of the structure. If the support structure is located on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

Highway occupancy permit–a permit, issued by the Pennsylvania Department of Transportation, the Luzerne County Road and Bridge Department or Plains Township which authorizes access from a parcel of land onto a highway, road or street which is under the respective jurisdiction of the above entities.

Home occupation–an occupation, profession, activity or use that is clearly a customary, incidental and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood.

Horse racing facility with related wagering–a facility licensed by the Pennsylvania Horse Racing Commission, State Harness Racing Commission or other agency of the Commonwealth of Pennsylvania to offer, for public inspection and amusement, on-site horse racing events with on-site related wagering thereupon. In addition, this use may also include:

(1) The conduct of other occasional special events;

(2) Accessory uses (including, but not limited to, eateries, exhibits, parking structures and shops);

(3) Resident employee and guest lodging services for both humans and animals incidental to the visit of stay on the site;

(4) Veterinary care for animals kept of visiting the site; and

(5) At such time as permitted by the Commonwealth of Pennsylvania, the conduct of slot machine and other types of gaming. [Ord. 2007-5A]

Hospital–an institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice.

Hotel–(also see “motel”) a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities.

Impact analysis–a study and/or report, which may be required at the discretion of the Board of Commissioners prior to approval of a conditional use or by the Zoning Hearing Board prior to approval a special exception use, to determine the potential impact of the proposed use on activities, utilities, traffic generation and circulation, surrounding land uses, community facilities, environmental features, critical areas, the public health, safety and welfare and other factors directly, indirectly or potentially affected. The applicant shall be responsible for all costs related to the any and all reports and/or studies required by the Board of Commissioners or Zoning Hearing Board under or within the context of the term “impact analysis”. The landowner and/or applicant shall also be responsible to fully reimburse Plains Township for any and all engineering and or other consulting fees which are incurred for the review of any required impact studies or reports for a conditional use.

Impervious material–any material and/or development that substantially reduces or prevents the infiltration of stormwater into previously undeveloped land. Impervious surfaces shall include, but may not be limited to, buildings, roofs, surfaced, graveled or compacted parking areas, streets, sidewalks, driveways and similar vehicular and/or pedestrian rights-of-way.

Improvements–human-made physical additions, alterations and/or changes which become part of, placed upon or affixed to real estate.

Industry, heavy–a 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.

Industry, light–a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, packaging, incidental storage, sales and distribution of such products, but excluding basic industrial processing.

Institutional use–a structure or facility which provides medical, health, educational, social and/or rehabilitative services to three persons or more on a continuous and/or regular basis. This use shall exclude a facility for persons released from or under the jurisdiction of a governmental bureau of corrections or similar institution and public schools and private schools (as defined in this section). If a word is not defined in this chapter, the term shall have its plain and ordinary meaning within the context of the provision as defined in a standard dictionary.

Intermediate-care facility–a facility, as defined under current state licensing requirements, that provides nursing care and related medical or other personal health services to patients on a planned program of care and administrative management, supervised on a continuous 24-hour basis in an institutional setting. [Ord. 2003-4]

Junk–old, dilapidated, scrap or abandoned metal, paper, building material and equipment, bottles, glass, appliances, furniture, beds and bedding, rags, rubber, motor vehicles and parts thereof

Junkyard (see also “automobile wrecking yard”)–an open area where wastes or used or secondhand materials are bought, sold, exchanged, stored, processed or handled. Materials shall include, but are not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles. An automobile wrecking yard is also considered a junkyard.

Land development–the improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

(1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively.

(2) A single nonresidential building on a lot or lots with two or more occupants regardless of their tenure.

(3) A single nonresidential building, designed or intended for a single occupant, with a minimum gross floor area of not less than 5,000 square feet, excluding agricultural buildings and/or structures.

(4) Any nonresidential use of land, with or without structures, which encompasses two or more acres of land, including grading and/or the backfilling of land, earth moving activities, and/or removal of vegetative cover. Agricultural uses of land and/or related agricultural activities shall be specifically excluded.

(5) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

(6) The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into more than three residential units. Any conversion, described above, which results in not more than three residential units shall be deemed as a land development if the units are intended to be a condominium.

(7) The development of a mobile home park or the expansion of an existing mobile home park.

(8) A single residential structure containing more than five residential units.

The development of any accessory building, including farm buildings, on a lot or lots which are subordinate to an existing principal building shall not be classified as a “land development”.

Land development, major–a land development which does not qualify or classify as a minor land development.

Land development, minor–a development of a parcel of land which contains not more than two detached single-family residential structures, whether developed initially or cumulatively.

Landowner–the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he or she is authorized under the lease to exercise the rights of the landowner, or other person having a propriety interest in land.

Laundromat, self service–a business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises.

Laundry, commercial industrial–a business that provides washing, drying and ironing services operated by the employees on the premises.

Lot–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, for principal and accessory buildings or structures.

Lot area–the total horizontal area within the lot lines of a lot.

Lot, corner–a lot abutting on and at the intersection of two or more streets.

Lot coverage–determined by dividing that area of a lot which is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings and structures including impervious surfaces, by the gross area of that lot. [A.O.]

Lot depth–the average horizontal distance between the front and rear lot lines.

Lot line–a line dividing one lot from another lot or from a street or alley.

Lot line, rear–the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.

Lot line, side–any lot line not a front or rear lot line.

Lot of record–a lot which exists as shown or described upon a plat or deed and duly recorded in the Office of the Recorder of Deeds of Luzerne County, Pennsylvania, on the effective date of the adoption of this Chapter.

Lot, through–a lot having its front and rear yards each abutting on a street.

Lot width–the horizontal distance between side lot lines, measured at the required front setback line.

Manufactured home–a structure, transportable in one or more sections, which is built upon a chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term shall include park trailers, travel trailers, recreational and other similar vehicles placed upon a site for more than 180 consecutive days.

Manufactured home park–a parcel, or contiguous parcels of land, which has been planned and improved for the placement of two or more manufactured homes.

Mediation–a voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.

Medical marijuana–marijuana for certified medical use under the Pennsylvania Medical Marijuana Act, Pa Act 16 of 2016. [Ord. 2018-7]

Medical marijuana dispensary–a person that holds a permit issued by the Department of Health to dispense medical marijuana. [Ord. 2018-7]

Medical marijuana facility–a medical marijuana dispensary or a grower and processor of medical marijuana. [Ord. 2018-7]

Medical marijuana trucking facility–a structure, building or land used to store trucks or delivery vehicles for transporting marijuana plants, seeds or other raw materials to a medical marijuana facility, or transporting waste generated from a medical marijuana facility for disposal to a facility authorized in the Commonwealth of Pennsylvania to accept such waste. [Ord. 2018-7]

Medical marijuana waste facility–the storage, management and disposal of solid and liquid waste byproducts or remnants generated during the growing and processing of medical marijuana, but not part of the final product. [Ord. 2018-7]

Methadone treatment facility–a facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons. [Ord. 2003-4]

Mobile home lot–a parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single mobile home.

Mobile home park–a parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

Motel (see also “hotel”)–a 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 and provides automobile parking conveniently located on the premises.

Motor vehicle, inoperable–a car, truck, bus or van that cannot be started and moved under its own power. A vehicle that is not currently licensed, including a recreational vehicle or trailer that is designed for travel on the public roads is also considered an inoperable vehicle. [Ord. 2009-5B]

Municipality–the Township of Plains, Luzerne County, Pennsylvania.

Night club–a commercial establishment dispensing alcoholic beverages for consumption on the premises, and in which entertainment and dancing are permitted, including the term “cabaret”. [Ord. 2007-5A]

No-impact home-based business–a business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling, and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pick-up, delivery or removal functions to or from the premises in excess with those normally associated with a residential use. The business or commercial activity must also comply with the applicable supplemental requirements contained in Part 8 of this Chapter. [Ord. 2007-5A]

Nonconforming lot–a lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

Nonconforming structure–a structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this Chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

Nonconforming use–a use, whether of land or of structure, which does not comply with the applicable use provisions in this Chapter 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.

Offices–

Professional office–an office (other than a service office) for the practice of professions, such as the offices of physicians, dentists, attorneys-at-law, architects, veterinarians, engineers, artists, musicians, teachers and others who, through training, are qualified to perform services of a professional nature.

Service office–an office in which are offered services by real estate agents, travel agents, insurance agents, accountants, public stenographers, brokers or others who, through training, are duly qualified to perform services of an executive nature as distinguished from a professional office.

Open space–an area that is intended to provide light and air, and is designed for either environmental, scenic or recreational purposes. Open space may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas, and watercourses. Open space shall not be deemed to include driveways, parking lots, or other surfaces designed or intended for vehicular travel.

Outdoor storage–the keeping, in an unroofed area, of any goods, material, merchandise, equipment or vehicles which are related to the operation of a commercial business, excluding the storage of solid waste, hazardous substances, refuse, junk, junked vehicles discarded and/or any inoperative durable items.

Outdoor wood-fired boiler–

(1) A fuel-burning device designed:

(a) To burn clean wood or other approved solid fuels;

(b) By the manufacturer specifically for outdoor installation or installation in structures not normally intended for habitation by humans or domestic animals (e.g., garages); and

(c) To heat building space and/or water via distribution, typically through pipes of a fluid heated in the device, typically water or a water/antifreeze mixture.

(2) Outdoor wood-fired boilers are also known as outdoor wood-fired furnaces, outdoor wood-burning appliances or outdoor hydronic heaters and the like. [Ord. 2009-5B]

Parcel–a continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.

Parking lot–an area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight off-street parking.

Parking, shared–the development and use of parking areas on two or more separate properties for joint use by the business on those properties.

Parking space–an unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.

Patient–an individual who:

(1) has a serious medical condition;

(2) has met the requirements for certification under this act; and

(3) is a resident of this Commonwealth. [Ord. 2018-7]

Pawnshop–a business which loans money to a person in exchange for personal property deposited as security. [Ord. 2005-5]

Permitted use–any use which is specifically authorized in a particular zoning district.

Personal services–any enterprise conducted for gain, which primarily offers services to the general public, such as shoe repair, valet service, watch repairing, barber shops, beauty parlors and related activities.

Personal-care home–a facility, as defined under current state licensing requirements, in which food, shelter and personal assistance or supervision are provided for a period exceeding 24 consecutive hours for more than three adults who are not relatives of the operator of the facility and who require assistance or supervision in such matters as dressing, bathing, diet or medication prescribed for self administration but who do not require hospitalization or care in a skilled nursing or intermediate care facility. [Ord. 2003-4]

Place of worship–a building used for religious services, including churches, synagogues, mosques and similar edifices.

Planned residential development–an area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, with a development plan which does not correspond in lot size, bulk or type of dwelling density, lot coverage and required open space to the regulations established in any one residential district created, from time to time, under the provisions of this Chapter.

Planning Commission–the Planning Commission of Plains Township.

Principal use–the main use of land or structures, as distinguished from a secondary or accessory use.

Print shop–a retail establishment that provides duplicating services using photocopy, blueprint and offset printing equipment, including collating of booklets and reports.

Private–something owned, operated and supported by private individuals or a corporation, rather than by government, and not available for public use.

Public–something owned, operated and supported by the community or the residents for the use and benefit of the general public.

Public hearing–a formal meeting held pursuant to public notice by the Board of Commissioners, Planning Commission or Zoning Hearing Board, which is intended to inform and obtain public comment prior to taking action on a particular subject matter or development.

Public meeting–a forum held pursuant to notice under the Sunshine Act, 65 Pa.C.S.A. §§ 701 et seq. [A.O.]

Public notice–notice published once each week for two successive weeks in a newspaper of general circulation in the Township. 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 uses–public parks and administrative, cultural and service buildings excluding public land or buildings primarily devoted to the storage and maintenance of equipment and materials.

Public utility facilities (essential)–telephone, electric and cable television lines, equipment structures; water or gas pipes, mains, valves or other structures, pumping stations; telephone exchanges and all other facilities, equipment and structures necessary for conducting a service by public utility, under the jurisdiction of the Pennsylvania Public Utility Commission, in accordance with § 619 of the Pennsylvania Municipalities Planning Code, Act 247, 53 P.S. § 10619, as amended.

Recreational facilities, commercial–recreational facilities operated as a business and open to the public for a fee.

Recreational facilities, private–recreational facilities other than commercial or public, not operated for a profit, and only open to its members and their guests.

Recreational facilities, public–recreational facilities operated as a nonprofit enterprise by a governmental entity or a nonprofit organization, and open to the general public.

Report–any letter, review, memorandum, compilation or similar writing made by any body, board, officer or consultant other than a solicitor to any other body, board, officer or consultant for the purpose of assisting the recipient of such report in the rendering of any decision or determination. All reports shall be deemed to be a recommendation and advisory only and shall not be binding upon the recipient, board, officer, body or agency, nor shall any appeal lie therefrom. Any report used, received or considered by the body, board, officer or agency rendering a determination or decision shall be made available for inspection to the applicant and all other parties to any proceedings upon request, with copies thereof provided at the cost of reproduction.

Research laboratory–a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Residential neighborhood activity center–Use of a property where a residential development as uses and/or facilities, including swimming pools, tennis courts, playgrounds, club houses and other similar uses available to residents of the development and their guests. [Ord. 2015-6]

Restaurant–a business establishment whose principal business is the selling of unpackaged food to the customer in a ready-to-consume state, in individual servings, or in indispensable containers, and where the customer consumes these foods while seated at tables or counters located within the building.

Restaurant, fast-food–an establishment that offers quick food service, which is accomplished through a limited menu of items already prepared or prepared, fried, or grilled quickly, such as a microwave oven. Orders are not generally taken at the customer’s table and food is generally served in disposable wrapping or containers.

Retail sale establishments–a commercial establishment selling products as opposed to services or entertainment to the general public, which may include, but is not limited to, such items as appliances; automotive parts and services; building or plumbing supplies; crafts, fabrics and hobby supplies; clothing; footwear; dairy products; electronic and/or computer products and equipment; office supplies and copy services; floral arrangements; furniture; lawn and garden supplies; groceries; hardware supplies; music products and supplies; newspapers, books, periodicals and stationary products; paintings and photography products and supplies; pet stores (including veterinary services and overnight pet care facilities/boarding); pharmacy products; specialty gifts; sporting goods and supplies, including, but not limited to, guns and ammunition; membership/warehouse clubs such as Sam’s and Costco; home improvement centers such as Lowe’s and Home Depot; outdoor/ camping/hunting and fishing products, including the sale of all-terrain vehicles (ATV), off-road vehicles (ORV), recreational vehicles (RV), boats, travel trailers and other equipment of similar size whether engine operated or not; motor vehicle sales; and other establishments selling similar related products, including periodic promotional events. [Ord. 2015-6]

Retail sales establishment, specialty–retail operations that specialize in one type or line of merchandise. Such stores may include, but are not limited to, apparel stores; electronic stores; greenhouse and plant nursery; jewelry stores; vitamin/ health stores; bookstores; shoe stores; pet stores (including veterinary services; beauty supply stores; paint stores; office supply stores; grocery/organic/specialty food stores, including the sale of beer and wine; sporting goods stores; stationary stores; liquor stores; hunting, camping and fishing stores; movie theater; entertainment uses such as bowling alleys, outdoor play centers, and game centers; telecommunication stores; computer stores; antique stores; furniture and furnishings stores; home improvement centers; and similar establishments.[Ord. 2015-6]

Retail services establishment–establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, hotels and motels; finance: car wash; automobile and automotive repair centers; tire centers; fuel stations intended for car, motorcycle and light truck vehicle use; laundry and dry-cleaning drop off and pick-up stations, real estate and insurance; hair salons/beauty salons; day spas; personal services; motion pictures; charging stations for electronic vehicles; live theater; movie theater; entertainment uses such as bowling alleys, outdoor play centers and game centers; amusement and recreation services; health; educational; gun range and archery incidental to an outdoor hunting, fishing and camping store or sporting goods store; social services; museums, libraries and galleries; and health clubs/fitness center and gymnasiums. [Ord. 2015-6]

Right-of-way–a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer line or other special use.

Satellite dish antenna (noncommercial)–a device incorporating a reflective surface that is solid, open mesh or bar configured and is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrial and/or orbital based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations. TVROs (television reception only satellite dish antennas) and satellite microwave antennas.

School–a facility that provides a curriculum of elementary and secondary academic instruction, including kindergartens, elementary schools, junior high schools and high schools that are licensed by the state as such.

Seating capacity–the actual seating capacity of an area based upon the number of seats or one seat per 18 inches of bench or pew length. For other areas where seats are not fixed, the seating capacity shall be determined as indicated by the most recent ICC Code. [A.O.]

Self-service storage facility–a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual compartmentalized, and controlled access stalls or lockers which are leased to individuals for the storage of the individual’s property, possessions or wares.

Serious medical condition–any of the following:

(1) Cancer.

(2) Positive status for human immunodeficiency virus or acquired immune deficiency syndrome.

(3) Amyotrophic lateral sclerosis.

(4) Parkinson's disease.

(5) Multiple sclerosis.

(6) Damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity.

(7) Epilepsy.

(8) Inflammatory bowel disease.

(9) Neuropathies.

(10) Huntington's disease.

(11) Crohn's disease.

(12) Post-traumatic stress disorder.

(13) Intractable seizures.

(14) Glaucoma.

(15) Sickle cell anemia.

(16) 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.

(17) Autism.

(18) Autoimmune disease, which is a condition of the immune system attacking the body, including, but not limited to, rheumatoid arthritis, lupus and celiac disease. [Ord. 2018-7]

Service station–any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication and minor repairs are conducted.

Setback–the required minimum horizontal distance between the building line and the related front, side or rear property line.

Sewage disposal, centralized–a sanitary sewage collection system, approved by the Pennsylvania Department of Environmental Protection, in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal facility.

Sewage disposal, on-lot–any facility designed to biochemically treat sewage within the boundaries of an individual lot in accordance with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection.

Sexually oriented uses–

Massage parlor–an establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.

Sexually oriented bookstore–an establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:

(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

(b) Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Sexually oriented entertainment–a nightclub, bar, tavern, restaurant, club or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

Specified anatomical areas–as used herein, specified anatomical areas means and includes any of the following:

(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus or female breasts below a point immediately above the top of the areolae; or

(b) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities–as herein, specified sexual activities means and includes any of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(d) Excretory functions as part of or in connection with any of the activities set forth as a “sexually oriented use”.

[Ord. 2007-5A]

Shopping center–a grouping of retail business and service uses on a single site with common parking facilities.

Sign–a structure or device designed or intended to convey information to the public in written or pictorial form.

Sign area–the entire area within a continuous perimeter, enclosing the extreme limits of sign display, including any frame or border. Curved, spherical, or any other shaped sign face shall be computed on the basis of actual surface area. The copy of signs composed of individual letters, numerals or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letter or devices. The calculation for a double-faced sign shall be the area of one face only. Double-faced signs shall be so constructed that the perimeter of both faces coincide and are parallel and not more than 24 inches apart.

Sign, billboard or off-premises advertising sign–a sign that identifies or communicates a commercial or noncommercial message related to an activity conducted, a service rendered, or a commodity sold at a location other than where the sign is located.

Sign, freestanding–a sign supported by one or more upright poles, columns or braces placed in or on the ground and not attached to any building or structure.

Sign, illuminated–a sign illuminated in any manner by an artificial light source.

Sign, portable–any sign not permanently affixed in the ground or to a building, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service or entertainment, when that vehicle is so parked as to attract the attention of the motoring or pedestrian traffic.

Sign, projecting–any sign other than a wall sign that is attached to and projects from the wall or face of a building or structure, including an arcade/marquee sign.

Sign, pylon–an on-site freestanding sign, supported by a sign structure from the ground, which identifies businesses located on the same parcel or in the same development on which the sign is located. Pylon signs are designed such that the support structure and the sign face are designed as one architecturally unified and proportional element. [Ord. 2015-6]

Sign, roof–any sign erected upon, against, or directly above a roof or roof eaves, or on top or above the parapet, or on a functional architectural appendage above the roof or roof eaves.

Sign, wall–a sign painted on the outside of a building or attached to and erected parallel to the face of a building and supported throughout its length by such building.

Sign, window–a sign painted, stenciled or affixed on a window, which is visible from a right-of-way.

Site plan–a plan prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses and features proposed for a specific parcel of land.

Skilled nursing facility–a facility, as defined under current state licensing requirements, that provides nursing care and related medical or other health services for a period of 24 hours or more for individuals not in need of hospitalization, but who because of age, illness or other infirmity, require high-intensity comprehensive planned nursing care. [Ord. 2003-4]

Social hall–a room or building used for friendly or convivial gatherings, normally owned and/or operated by a nonprofit or civic organization.

Soil erosion and sedimentation control plan–a plan that indicates necessary land treatment designed to effectively minimize soil erosion and sedimentation measures requiring approval by the Luzerne County Conservation District.

Solid waste or waste–any garbage, refuse, industrial, lunchroom or office waste or other material including solid, liquid, semisolid or contained in gaseous material, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities, excluding “hazardous substances” as so defined by this Chapter and “hazardous waste”, as so defined by the Pennsylvania Department of Environmental Protection in 25 Pa.Code § 271.1, as amended.

Solid waste facility–any facility operated pursuant to the laws of the Commonwealth of Pennsylvania governing the management, processing, treatment, storage, transfer and/or disposal of solid waste or waste, as so defined by this Chapter.

Special exception–a use which may only be permitted in a particular zoning district, by special approval, granted by the Zoning Hearing Board in accordance with the applicable provisions of this Chapter.

Story–that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the space between such floor and the ceiling above. A basement shall be counted as a story if its ceiling equals or exceeds five feet of the finished ground surface adjoining the exterior walls of such story.

Street–a public (dedicated) or private (undedicated) right-of-way, whether or not improved, intended for use by vehicular and pedestrian traffic.

Structure–any human-made object, the use of which requires an ascertainable stationary location on land, whether or not it is affixed to the land.

Subdivision–the division or redividing of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.

Subdivision; major–any subdivision which does not qualify or classify as a minor subdivision.

Subdivision; minor–a subdivision of a parcel of land into not more than six lots, which, has access, direct or indirect, to an existing public street or road and does not require any expenditures for the extension of any street or the extension or creation of any public improvements, does not adversely affect the remainder of the parcel or adjoining property and does not conflict with the Comprehensive Plan.

Swimming pool–a water-filled enclosure, permanently constructed or portable, having a depth of more than 18 inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 30 inches, designed, used and maintained for swimming and bathing.

Timber harvesting–the cutting and removal of trees from their growing site, including the attendant operation of cutting and skidding machinery, for commercial purposes which does not involve any land development. [Ord. 2007-5A]

Tower–(see “antenna support structure, commercial”).

Township–Township of Plains, Luzerne County, Pennsylvania.

Transfer station–a facility which receives and temporarily stores solid waste at a location other than the generation site, which facilitates the bulk transfer of accumulated solid waste to a another facility or site for further processing and/or disposal of said solid waste. Said use shall be classified and regulated as a “solid waste facility”.

Truck repair and storage–a building and/or land used primarily for the maintenance and storage of large commercial vehicles.

Trucking facility–a structure, building and/or land consisting of a storage area, management and dispatch office and loading and unloading facilities connected with receipt or delivery of freight shipped by truck.

Variance–a waiver granted by the Zoning Hearing Board from the terms and requirements of this Chapter in accordance with § 27-1509 of this Chapter.

Warehouse–a building used primarily for storage of goods and material.

Warehousing and distribution–a use engaged in storage, wholesale and distribution of manufactured products, supplies and equipment, excluding the bulk storage of material that are inflammable, explosive, hazardous or commonly recognized as offensive.

Watercourse–a permanent or intermittent stream, river, brook, creek, or channel or ditch for collection and conveyance of water, whether natural or human-made.

Wetlands–those areas that are inundated or saturated by the surface or groundwater at a frequency or duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. The term includes, but is not limited to, wetland areas listed in the State Water Plan, the United States Forest Service Wetlands Inventory of Pennsylvania, the Pennsylvania Coastal Zone Management Plan and any wetland area designated by a river basin commission.

Wind energy facility–a commercial electricity-generating facility consisting of one or more wind turbines under common ownership or operating control that includes substations, MET towers, cables/wires and other building accessories to such facility, whose main purpose is to supply electricity to off-site customer(s). [Ord. 2007-5A]

Wireless commercial communication site–a tract or parcel of land containing a commercial antenna, its support structure, accessory building(s)and parking.

Yard–an open space that lies between the principal building and the nearest lot line. Such yard is unoccupied and unobstructed from the ground up except for accessory buildings or projections which are expressly permitted by this Chapter.

Yard, front–a space extending the full width of the lot between the principal building and the front lot line and measured perpendicular to the building at the closest point to the front lot line.

Yard, rear–a space extending the full width of the lot between the principal building and the rear lot line and measured perpendicular to the building at the closest point to the rear lot line.

Yard, side–a space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular from the side lot line to the closest point of the principal building.

Yard waste–leaves, grass clippings, garden residue, tree trimmings, chipped shrubbery and other vegetative material. [Ord. 2009-5B]

Zoning district–a portion of Plains Township illustrated upon the Official Zoning Map, within which certain uniform regulations and requirements apply under the provisions of this Chapter.

Zoning Hearing Board–the Zoning Hearing Board of Plains Township, Luzerne County, Pennsylvania.

Zoning Map–the official map which is part of this Chapter and indicates and delineates the zoning districts of Plains Township, Luzerne County, Pennsylvania.

Zoning Officer–the administrative officer appointed by the Board of Commissioners to administer and enforce this Chapter.

(Ord. 1998-1, 3/19/1998, §202; as amended by Ord. 2003-3, –/–/2003, §1; by Ord. 2003-4, 10/6/2003, §1; by Ord. 2005-5, 3/10/2005, §§1 and 2; by Ord. 2007-5A, 9/19/2007, §6; by Ord. 2009-5B, 5/14/2009, §§1 and 2; and by A.O.; by Ord. 2015-6, 9/10/2015, §1; by Ord. 2016-1, 2/11/2016, §1; Ord. 2017-1, 6/8/2017; Ord. 2018-7, 9/13/2018; Ord. 2018-9, 9/13/2018)