Zoneomics Logo
search icon

Tobyhanna Township City Zoning Code

ARTICLE VII

Residential Districts

§ 155-12 RR Rural Residential District.

A. 
Intended purposes. The regulations for RR Rural Residential Districts are designed to accommodate harmonious and compatible residential activity concordant with the characteristics of the prevailing rural environment of the Township. To these ends, development is restricted to overall low density levels for all permitted residential and related uses.
B. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Single-family detached dwellings.
(2) 
Municipal uses.
(3) 
Churches and similar places of worship.
(4) 
Cemeteries.
(5) 
Hunting and fishing clubs and camps, as defined, which shall conform to the following:
(a) 
All such clubs and camps shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
(b) 
The developer of any such club or camp shall provide proper and adequate installation of roads, drives, potable water, sanitary and drainage facilities and shall meet minimum requirements of the Department of Environmental Protection.
(c) 
Existing natural features, drainage and vegetation shall be maintained except where necessary for the construction and operation of the above activity, or as part of a forestry management program.
(d) 
No such club or camp shall function so as to impede the general intent of this chapter as provided in Articles II and III.
(e) 
All such clubs and camps shall comply with applicable requirements of state and county agencies regarding health, sanitation, fire protection and other facets of operation of such camps.
(6) 
Farms, which shall conform to the following requirements:
(a) 
All farms shall conform to the requirements set forth in Article X, Minimum Lot and Yard Requirements.
[1] 
Barns, silos, sheds and related structures shall conform to the yard requirements for principal buildings.
[2] 
Stables, pens, coops or similar housing for animals or fowl or for the storage of manure or other odor- or dust-producing substances, or use of manure or other odor- or dust-producing substances, shall not be permitted within 200 feet of any street or lot line. This shall not prohibit spraying, dusting or spreading of materials to fertilize or protect vegetation in any area of the tract.
(b) 
Farm lots, including dairies, for the keeping, breeding and raising of cattle, sheep, goats, pigs, fowl and horses and for the rental of horses shall contain a minimum of two acres per animal, or 10 acres, whichever is less.
(c) 
Existing natural features, drainage and vegetation shall not be removed, changed or destroyed except where necessary and essential to the development, construction and operation of such farm and farm buildings.
(d) 
No farm shall function so as to impede the general intent of this chapter as provided in Articles II and III.
(7) 
Multifamily dwelling units, which shall conform to the following requirements:
(a) 
The maximum number of dwelling units on any parcel of land shall not exceed six and shall be contained in one attached building.
(b) 
The minimum required land area shall conform to the following:
[1] 
Two acres for the first dwelling unit, plus one acre for the second dwelling unit, plus 1/2 acre for each additional dwelling unit.
(c) 
All parcels of land used for multifamily dwellings shall conform to the lot and yard requirements set forth in Article X.
(d) 
A buffer strip with a minimum width of 20 feet shall be provided around the perimeter of the parcel.
(e) 
A minimum of two off-street parking spaces shall be provided for each dwelling unit.
(f) 
Potable domestic water shall be supplied to all dwelling units from at least one central well or from a public water system.
(g) 
If not on a municipal sewer line, one community sewage system (as in the Sewage Facilities Act regulations)[1] shall serve all dwelling units.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(8) 
Lumbering. Lumbering shall be conducted by selective cutting methods with all due care exercised to preserve all nonmarketable trees and shrubbery, except in conjunction with a forestry management program. Such lumbering operation may include the installation and operation of a portable sawmill, provided that the sawmill is operated only to process timber cut upon the premises.
(9) 
Preserves, as provided in § 155-103.
(10) 
Short-term rentals, which shall conform to the requirements set forth in Chapter 114, Short-Term Rentals.
[Added 6-28-2022 by Ord. No. 570]
C. 
Accessory uses. Customary accessory uses and structures incidental to any of the permitted uses are permitted, including:
(1) 
Professional offices and home occupations (see Article XII, § 155-57), including state-licensed professions; artists; photographers; dressmakers; beauticians; tailors; appliance repairmen; tutors; writers; telephone solicitors; computer operators; music teachers; and family day-care homes. Specifically prohibited accessory uses include kennels; animal hospitals; funeral homes; dance studios; automotive repair; day-care centers; bed-and-breakfast inns; and lawn mower repairmen.
(2) 
Signs, as provided in Article XI.
(3) 
Storage buildings, greenhouses, swimming pools, doghouses or similar animal pens, none of which shall be used for commercial purposes.
(4) 
Other customary uses and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as business.
(5) 
Required off-street parking, as provided in Article XII, § 155-55.
(6) 
Granny units.
(7) 
Docks. No Township permits or setbacks are required; permitted by the Monroe County Conservation District.
D. 
Special exceptions. The following are special exceptions upon issuance of a permit by the Zoning Officer as provided in Article XIII, § 155-72:
(1) 
Model homes. (See Article XIV, § 155-80.)
(2) 
Development sales offices. (See Article XIV, § 155-81.)
(3) 
Commercial camps. (See Article XIV, § 155-82.)
(4) 
Commercial resorts. (See Article XIV, § 155-83.)
(5) 
Private clubs, lodges, golf courses or convention and banquet halls. (See Article XIV, § 155-84.)
(6) 
Nursing homes. (See Article XIV, § 155-85.)
(7) 
Boarding homes and bed-and-breakfast inns. (See Article XIV, § 155-86.)
(8) 
Hospitals. (See Article XIV, § 155-87.)
(9) 
Public utilities. (See Article XIV, § 155-89.)
(10) 
Commercial surface mining. (See Article XIV, § 155-90.)
(11) 
Day-care centers.
(12) 
Commercial riding stables.
(13) 
Schools.
E. 
Conditional uses. The following are conditional uses upon issuance of a permit by the Zoning Officer as provided in Article XV:
(1) 
Commercial transient camping grounds. (See Article XV, § 155-99.)
(2) 
Cable television facilities, excluding communications antennas or communications towers.
[Amended 3-9-1998 by Ord. No. 394[2]]
[2]
Editor's Note: This ordinance also rescinded original Subsection 700.5-3, cellular telephone facilities, which immediately followed this subsection.
(3) 
Development amenities. (See Article XV, § 155-101.)
[Added 10-12-2004 by Ord. No. 448]
(4) 
Preserves. (See Article XV, § 155-103.)
[Added 10-12-2004 by Ord. No. 448]
(5) 
Home satellite dish and related home television antennas. (See Article XV, § 155-104.)
[Added 10-12-2004 by Ord. No. 448]
(6) 
Bus shelters. (See Article XV, § 155-105.)
[Added 10-12-2004 by Ord. No. 448]
F. 
Height regulations. No principal structure shall exceed 38 feet in height measured from the average finished grade of the ground immediately adjoining the building to the highest point of the roof. Height and setback regulations for accessory structures are as set forth in § 155-11L(1). Exceptions to this provision shall be as provided in Article VI, § 155-10A.
G. 
Lot and yard requirements. Minimum lot and yard requirements shall be as specified in Article X.

§ 155-13 R-1 Low-Density Residential District.

A. 
Intended purpose. The regulations for the R-1 District are designed to provide quality, low-density residential development and at the same time maintain those qualities of the environment which are the desirable characteristics of the Township.
B. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Those uses which are permitted in the RR Districts, subject to the lot and yard requirements of the R-1 District as set forth in Article X and other requirements of the R-1 District, with the exception that the minimum required land area for multifamily dwellings shall conform to the following:
(a) 
One acre for the first dwelling unit, plus 3/4 acre for the second dwelling unit, plus 1/2 acre for each additional dwelling unit.
C. 
Accessory uses. Accessory uses shall be as follows:
(1) 
Professional offices and home occupations. [See § 155-12C(1) and Article XII, § 155-57.]
(2) 
Signs, as provided in the RR District and Article XI of this chapter.
(3) 
Required off-street parking, as provided in Article XII, § 155-55, of this chapter.
(4) 
Storage buildings, greenhouses, swimming pools, dog houses or other animal pens, and other customary accessory uses and buildings, provided that such are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(5) 
Granny units.
(6) 
Docks. [See § 155-12C(7).]
D. 
Special exceptions. All special exceptions listed in the RR Districts, subject to the regulations of the RR District, shall be permitted upon issuance of a permit by the Zoning Officer as provided in Article XIII, § 155-72.
E. 
Conditional uses. The following are conditional uses upon issuance of a permit by the Zoning Officer as provided in Article XV:
(1) 
All conditional uses listed in the RR Districts, subject to the regulations of the RR District, except for the following uses, which are strictly prohibited:
[Amended 3-9-1998 by Ord. No. 394]
(a) 
Cable television facilities, when the facilities include either communications antennas or communications towers.
(b) 
Communications antennas or communications towers.
(2) 
Mobile home parks. (See Article XV, § 155-100.)
F. 
Height regulations. No principal structure shall exceed 38 feet in height measured from the average finished grade of the ground immediately adjoining the building to the highest point of the roof. Height and setback regulations for accessory structures are as set forth in § 155-11L. Exceptions to this provision shall be as provided in Article VI, § 155-10A.
[Amended 5-8-2017 by Ord. No. 532]
G. 
Lot and yard requirements. Minimum lot and yard requirements shall be as specified in Article X.

§ 155-14 R-2 Medium-Density Residential District.

A. 
Intended purpose. The R-2 Medium-Density Residential Districts are composed of those areas within the Township which have been given priority for sewer installations; to this end, the district allows medium-density residential development designed to promote and encourage a suitable and safe environment for family life.
B. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Those uses which are permitted in the R-1 Districts, subject to the lot and yard requirements of the R-2 District as set forth in Article X and other requirements of the R-2 District, with the exception that the minimum required land area for multifamily dwellings shall conform to the following:
(a) 
Twenty thousand square feet for the first dwelling unit, plus 15,000 square feet each for the second and third dwelling units, plus 10,000 square feet for each additional dwelling unit.
C. 
Accessory uses. Accessory uses shall be as follows:
(1) 
Professional offices and home occupations [See § 155-12C(1) and Article XII, § 155-57.]
(2) 
Signs, as provided in the RR and R-1 Districts and Article XI of this chapter.
(3) 
Required off-street parking, as provided in Article XII, § 155-55, of this chapter.
(4) 
Storage buildings, greenhouses, swimming pools, doghouses or other animal pens, and customary accessory uses and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as a business.
(5) 
Granny units.
(6) 
Docks. [See § 155-12C(7).]
D. 
Special exceptions. All special exceptions listed in the RR District, subject to the regulations of the RR District, shall be permitted upon issuance of a permit by the Zoning Officer as provided in Article XIII, § 155-72.
E. 
Conditional uses. All conditional uses listed in the R-1 District, subject to the regulations of the R-1 District, shall be permitted upon issuance of a permit by the Zoning Officer as provided in Article XV.
F. 
Height regulations. No principal structure shall exceed 38 feet in height measured from the average finished grade of the ground immediately adjoining the building to the highest point of the roof. Height and setback regulations for accessory structures are as set forth in § 155-11L. Exceptions to this provision shall be as provided in Article VI, § 155-10A.
[Amended 5-8-2017 by Ord. No. 532]
G. 
Lot and yard requirements. Minimum lot and yard requirements shall be as specified in Article X of this chapter.

§ 155-15 OS Open Space/Resource Conservation District.

A. 
Intended purpose. The OS District is intended to protect fragile environmental and unique natural areas from development. The OS District is a residential district, and shall be considered a residential district for the application of any zoning provision which refers generally to a residential district, including, without limitation, the application of any buffer strip requirements for uses adjacent to a zoning district boundary.
[Amended 9-3-2002 by Ord. No. 433]
B. 
Permitted uses. Permitted uses shall be as follows:
(1) 
Single-family detached dwellings, subject to a ten-acre minimum lot and other requirements of the OS District, as set forth in Article X.
(2) 
Hunting and fishing clubs and camps, subject to the conditions as set forth in § 155-12B(5).
(3) 
Cemeteries.
(4) 
Country resort, subject to Article X, Minimum Lot and Yard Requirements.
[Added 5-2-2022 by Ord. No. 568]
(a) 
No more than 100 guest rooms which includes guest cottages, an inn and/or hotel. The resort may also include single-family and duplex residential units for management and employees as needed. Amenities may include conference centers, restaurants, bars, retail and gift shops, spa, indoor and outdoor recreation facilities, and event venues. Activities authorized on the resort may include, but are not limited to, hiking, biking, tennis, pickle ball, camping, hunting, fishing, equestrian activities, paddling, ice skating, cross-country skiing, religious ceremonies, farming, and those related to agritourism. Additional structures such as, but not limited to, gatehouses, barns, stables, helipads, photovoltaic arrays, and maintenance buildings are authorized to support permitted uses.
(b) 
Off-street parking as per Article XII, Special Regulations, § 155-55 (Off-street parking).
(5) 
Short-term rentals, which shall conform to the requirements set forth in Chapter 114, Short-Term Rentals.
[Added 6-28-2022 by Ord. No. 570]
C. 
Accessory uses. Accessory uses shall be as follows:
(1) 
Storage buildings, greenhouses, swimming pools, doghouses or similar animal pens, none of which shall be used for commercial purposes.
(2) 
Other customary uses and buildings, provided that such uses are clearly incidental to the principal use and do not include any activity commonly conducted as business.
(3) 
Required off-street parking, as provided in Article XII, § 155-55.
(4) 
Granny units.
(5) 
Docks. No Township permits or setbacks are required; permitted by the Monroe County Conservation District.
(6) 
Professional offices and home occupations. [See § 155-12C(1) and Article XII, § 155-57.]
(7) 
Signs, as provided in the RR and R-1 Districts and Article XI of this chapter.
D. 
Special exceptions. The following are special exceptions upon issuance of a permit by the Zoning Officer as provided in Article XIII, § 155-72:
(1) 
Lumbering, as provided in § 155-12B(8).
(2) 
Farms, as provided in § 155-12B(6).
E. 
Conditional uses.
[Added 10-20-1997 by Ord. No. 387]
(1) 
The following are conditional uses upon issuance of a permit by the Zoning Officer as provided in Article XV:
(a) 
Churches and similar places of worship, which shall strictly comply with all regulations set forth in Article XV, § 155-106.1.
[Amended 11-10-2008 by Ord. No. 473]
(b) 
Communications antennas, communications towers and communications equipment buildings, which shall strictly comply with all regulations set forth in Article XII, § 155-59.
[Added 3-9-1998 by Ord. No. 394]
(c) 
Home satellite dish and related home television antennas, which shall comply with all regulations set forth in Article XV, § 155-104.
[Added 10-12-2004 by Ord. No. 448]
(d) 
Bus shelters, which shall comply with all regulations set forth in Article XV, § 155-105.
[Added 10-12-2004 by Ord. No. 448]
(e) 
Preserves, which shall comply with all regulations set forth in Article XV, § 155-103.
[Added 10-12-2004 by Ord. No. 448]
(2) 
Facilities which are intended to render medical, psychiatric or substance abuse services or care are strictly prohibited under Subsection E.