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Swoyersville City Zoning Code

ARTICLE XI

Terminology

§ 93-70 Definitions; word usage.

Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this chapter, and words used in the present tense include the future; the singular number shall include the plural, and the plural, the singular; the word "building" shall include the word "structure"; the word "used" shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word "shall" is mandatory and not directory.
ACCESSORY USE
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
AGRICULTURE
The use of land for agriculture purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for farm homes, and packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agriculture activities; and provided, further, that the above uses shall not include commercial hog farms or fur farms and excluding fertilizer plants or sale of fertilizer, feed stores, tanneries and similar objectionable uses.
ALLEY
A public or private way affording secondary means of access to abutting property.
BOARDING OR LODGING HOUSE
A building, or part thereof, other than a hotel or restaurant where meals and/or lodging are provided for compensation for five or more persons, not transients.
BOROUGH COUNCIL or COUNCIL
The Swoyersville Borough Council, Pennsylvania.
BUILDING
Any structure for the shelter or enclosure of persons, animals or chattels.
BUILDING HEIGHT
The vertical distance from the grade to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
COMMISSION, PLANNING COMMISSION or SWOYERSVILLE PLANNING COMMISSION
The Swoyersville Planning Commission of Swoyersville, Pennsylvania.
DISTRICT
A portion of the territory of Swoyersville Borough, within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this chapter. The term "R," or "residence district," shall include R-1, R-2, R-3 and R-4 Districts. The term "B," or "business district," shall include the B-1 and B-2 Districts.
DRIVE-IN COMMERCIAL USES
Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade, such as drive-in restaurants, drive-in theaters and similar uses.
DWELLING
Any building or portion thereof which is designed for or used for residential purposes.
DWELLING UNIT
A dwelling unit consists of one or more rooms for living purposes, together with separate cooking and sanitary facilities used or intended to be used by one or more persons living together and maintaining a common household, and accessible from the outdoors, either directly or through an entrance hall shared with other dwelling units.
DWELLING, MULTIPLE
A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats, townhouses and group houses.
DWELLING, SINGLE-FAMILY
A detached building arranged or used for occupancy by one family.
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 for access to the outside or to a common cellar.
ENTERTAINMENT FACILITIES
Any activity conducted for gain which is generally related to the entertainment field, such as motion-picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.
FAMILY
A family is:
A. 
A single person occupying a dwelling unit and maintaining a household; or
B. 
Two or more persons related by blood or marriage, occupying a dwelling unit, living together and maintaining a common household, including not more than one boarder, roomer or lodger; or
C. 
Not more than five unrelated persons occupying a single dwelling unit, living together and maintaining a common household.
FARM
An area of land not less than five acres in size and used for agricultural purposes, as defined in this § 93-70.
FLOOR AREA
For the purposes of applying the requirements for off-street parking and loading, "floor area," in the case of offices, merchandising or service types of uses, shall mean the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for display or sales of merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incidental to the management or maintenance of stores or buildings, for toilets or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.
GARAGE, PRIVATE
A space or structure on the same lot with, or in the building to which it is accessory, for storage only, having no public shop or service in connection therewith and in which no occupation, business or industry is conducted. Except on farms, only one commercial motor vehicle not exceeding two tons' capacity or weight may be stored in a private garage.
GARAGE, SERVICE
A garage, other than a private garage, where motor-driven vehicles are stored, equipped for operation, repaired or kept for remuneration, hire or sale.
HOTEL
A building designed or used primarily as a temporary abiding place in which lodging is provided for compensation, with or without meals, containing 10 or more guest rooms and having an outside entrance in common.
HOUSEHOLD PETS
Domesticated animals popularly kept at home to include dogs, cats (domestic variety), parakeets, canaries, fish, hamsters or other such domesticated animal which the Board deems would not create a public nuisance. Animals not to be defined as household pets shall be chickens, reptiles, nondomesticated cats, livestock and other such animals that the Board deems would represent a public nuisance.
JUNKYARD
A place where waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for use of salvaged house wrecking and structural steel materials and equipment, but excluding such uses when conducted entirely within a completely enclosed building and excluding pawn shops and establishments for the sale, purchase or storage of used cars in operable condition, salvaged machinery, used furniture and household equipment and the processing of used, discarded or salvaged materials as part of manufacturing operations.
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 having a remaining term of not less than 40 years, or other person having a proprietary interest in land shall be deemed to be a landowner.
LOT
A parcel of land abutting on a street whose area, in addition to the parts thereof occupied or which may thereafter be occupied by a principal building or one unit group of buildings and its accessory buildings, is sufficient to provide the open spaces required by this chapter.
LOT OF RECORD
Any lot which individually, or as part of a subdivision, has been recorded in the Office of the Recorder of Deeds of Luzerne County, Pennsylvania.
LOT WIDTH
The width of a lot at the front building line, measured at right angles to its depth.
LOT, CORNER
A lot abutting on, and at the intersection of, two or more streets or upon two parts of the same street where, in either case, the interior angle formed by intersection of the street lines does not exceed 135°.
LOT, INTERIOR
A lot other than a corner lot or through lot.
MOBILE HOME LOT
A parcel of land in a trailer or mobile home park improved with the necessary utility connections and other appurtenances necessary for the erections thereon of a single trailer or mobile home, which is leased by the park owner to the occupants of the trailer or mobile home erected on the lot.
MOTEL, MOTOR OR TOURIST COURT
One or more buildings for the accommodation of transient guests, chiefly motorists, containing guest rooms for rent, each of which has a separate outside entrance.
NONCONFORMING BUILDING OR STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use provision in this chapter or amendment hereafter enacted, where such structure lawfully existed prior to the enactment of this chapter or prior to the application of this chapter 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 amendments hereafter enacted, where such use was lawfully in existence prior to the enactment of this chapter or amendment thereto, or prior to the application of this chapter or amendment to its location by reason of annexation.
OUTDOOR ADVERTISEMENT
An advertisement used outdoors, including painted walls or rock face of a product or service unrelated to the use of the land or structure on which it is located, but not including official notices or directional road signs of a governmental body.
PARKING AREA
A parking lot or garage used for parking of automobiles, available to the public and which is not an accessory use.
PENNSYLVANIA MUNICIPAL PLANNING CODE
Act 247 of 1968, as amended.[1]
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.
PROFESSIONAL OFFICES
The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers and realtors.
PUBLIC USES
Public schools, parks, playgrounds, sites for sewage treatment and refuse disposal and administrative, cultural and service buildings and telephone exchange buildings, but not including public land or buildings devoted primarily or solely to the storage and maintenance of equipment and material.
RECREATIONAL FACILITIES, COMMERCIAL
Those recreation facilities operated as a business and open to the general public for a fee.
RECREATIONAL FACILITIES, PRIVATE
Group recreation facilities other than commercial or public recreation uses, not operated for profit and open only to its members.
ROOMING HOUSE
See "boarding or lodging house."
SELF-STORAGE FACILITY[Added 10-1-2001 by Ord. No. 4-2001]
A. 
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 for the storage of customers' goods or wares. These units shall be used solely for dead storage of nonhazardous materials, and no processing, manufacturing, sales, research and development, service or repair or other storage activities shall occur.
B. 
The following provisions shall apply to all self-storage facilities:
(1) 
All storage units shall be fire-resistant and water-resistant.
(2) 
No storage units shall be used for recreational vehicles, boats, trailers, and junk vehicles.
(3) 
Trash, radioactive, toxic substances, garbage, refuse, explosives, flammable materials, hazardous substances, animal carcasses or skins, or other similar items shall not be stored.
(4) 
Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.
(5) 
Adequate lighting shall be provided for security; however, the same shall be directed away or shielded from any adjacent residential uses.
(6) 
Maximum building length shall be 250 feet.
(7) 
Minimum separation between buildings shall be 25 feet.
(8) 
Any additional requirements the Zoning Hearing Board may deem appropriate for the general health, welfare and safety of the community.
SEMIPUBLIC USES
Churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
SHOPPING CENTER
A retail commercial area designed as a unit, with adequate off-street parking area and usually consisting of several one-story buildings.
SIGN
An advertisement displayed outside a building, pertaining to a product, service or name, related directly to the permitted activity carried on and use of the lot on which it is placed, including painted walls or structures.
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 be no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six feet above the average level of the finished ground surface adjoining the exterior walls of such story or if it is used for business or dwelling purposes.
STRUCTURAL ALTERATION
Any change in the structural members of a building, such as walls, columns, beams or girders.
STRUCTURE
Any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
TELEPHONE EXCHANGE BUILDING
A building and its equipment erected and used for the purpose of facilitating transmission and exchange of telephone and radio messages between subscribers, provided that in a residential district such building shall conform to the architectural design of the neighborhood, and shall not include public access or business facilities, storage of materials trucks, or repair facilities or housing of repair crews.
TOURIST HOME
A rooming house primarily for transient guests.
TRAILER or MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy, except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent foundation.
A. 
Trailer and similar vehicles.
(1) 
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer of the trailer and, when factory equipped for the road, having a body width not exceeding eight feet and being of any length, provided its gross weight does not exceed 4,500 pounds or being of any weight, provided its body length does not exceed 29 feet.
(2) 
PICKUP COACHA structure designed primarily to be mounted on a pickup truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(3) 
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TRAILER OR MOBILE HOME PARK
A parcel of land under single ownership which has been planned and improved for the placement of trailers or mobile homes for nontransient use, consisting of two or more mobile home lots.
TRAILER, SMALL UTILITY
Any trailer usually drawn by a passenger automobile used for the occasional transport of personal effects.
VENTILATING SHAFTS
Any structure designed to furnish air and/or power (including transformation and conversion of said power) to underground coal mines.
YARD
Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
YARD, FRONT
An open space extending the full width of the lot between a building and the front lot line.
YARD, REAR
An open space extending the full width of the lot between the building and the rear lot line.
YARD, SIDE
An open space extending from the front yard to the rear yard, between a building and the nearest side lot line.
ZONING CERTIFICATE
The written authorization issued by the Zoning Officer for use of land or buildings or other structures.
ZONING HEARING BOARD or BOARD
The Zoning Hearing Board appointed by the Swoyersville Borough Council in connection with the Swoyersville Borough Zoning Ordinance.
ZONING MAP
The map or maps contains the zoning districts of Swoyersville Borough, Pennsylvania, together with all amendments subsequently adopted.
ZONING OFFICER
The Zoning Officer or his authorized representative, appointed by the Swoyersville Borough Council, Swoyersville, Pennsylvania.
[1]
Editor's Note: See 53 P.S. § 10101 et seq,