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West Hazleton City Zoning Code

ARTICLE 2

Definitions

§ 145-201 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 this chapter, the following shall apply:
A. 
Words used in the present tense shall include the past and future tense.
[Amended 8-12-2013 by Ord. No. 236]
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,” “parcel” or “tract.”
[Amended 8-12-2013 by Ord. No. 236]
F. 
The words “shall” and “must” are always mandatory; the words “may” and “should” are permissive.
[Amended 8-12-2013 by Ord. No. 236]
G. 
The singular number shall include the plural, and the plural number shall include the singular.
[Amended 8-12-2013 by Ord. No. 236]
H. 
Words of masculine gender shall include the feminine gender and the neuter; words of feminine gender shall include the masculine gender and the neuter.
[Amended 8-12-2013 by Ord. No. 236]
I. 
The word “street” shall include “road,” “highway” and “lane.”
J. 
If a word or term is not defined by this chapter, but is defined in Chapter 131, Subdivision and Land Development, then the Chapter 131 definition shall apply. If a word or term is not defined in this chapter or Chapter 131, then the word or term shall have its plain and ordinary meaning within the context of this section. A standard reference dictionary should be consulted.
[Added 8-12-2013 by Ord. No. 236]

§ 145-202 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 (1) 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 means of vehicular approach or entry to or exit from a property.
ACCESSORY BUILDING OR STRUCTURE
A subordinate building or structure detached from but located on the same lot as the principal building or structure, the use of which is incidental and accessory to that of the principal building or structure.
[Added 8-12-2013 by Ord. No. 236]
ACCESSORY USE
A use which is subordinate to the principal building, structure or use, conducted upon the same lot that is used for purposes customarily incidental to the principal building, structure or use.
[Amended 8-12-2013 by Ord. No. 236]
ADULT USES
(1) 
Adult Bookstore. An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one (1) 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, as so defined by this chapter or specified anatomical areas, as so defined by this chapter; or (b) instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities, as so defined by this chapter.
(2) 
Adult Club. A bar, tavern, club (private or public), restaurant or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas, as so defined by this chapter or by specified sexual activities, as so defined by this chapter, 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, as so defined by this chapter, or specified anatomical areas, as so defined by this chapter.
(3) 
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, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(4) 
Adult Arcade. An establishment where, for any form of consideration, one (1) or more motion picture projectors, slide projectors or similar machines for viewing by five (5) or fewer persons each are used to show films, motion pictures, video cassettes, slides or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(5) 
Adult Motion Picture Theater. An establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(6) 
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 aureole; or (b) human male genitals in a discernible turgid state, even if completely and opaquely covered.
(7) 
Specified Sexual Activities. As used 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; (c) masturbation, actual or simulated; or (d) excretory functions as part of or in connection with any sexual activity or in connection with any of the activities set forth as an “adult use.”
AGRICULTURE
The use of land for agricultural purposes including: farming, dairying, forestry, horticulture, floriculture, aquaculture, viticulture, keeping of hoofed animals, and animal and poultry husbandry, and the necessary accessory uses for farm homes and packing, treating or storing produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities; and further provided, that the above uses shall not include fur farms or fertilizer plants.
[Amended 5-14-2018 by Ord. No. 250]
ALLEY
A publicly or privately owned right-of-way, on which no dwellings or stores front, serving 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.
ANIMAL FEEDING OPERATIONS
A lot or facility used for commercial purposes (other than an aquatic animal production facility) where the following conditions are met:
(1) 
Greater than fifty (50) animal units have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve (12) month period; and
(2) 
Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the facility.
[Added 5-14-2018 by Ord. No. 250]
ANIMAL HOSPITAL/CLINIC
A building used for medical treatment of small domestic animals by a veterinarian with short-term housing or boarding incidental to the hospital/clinic use.
ANIMAL KENNEL
Any lot, premises, building or combination thereof on which four (4) or more dogs or cats or both at least six (6) months of age are kept, boarded or trained for commercial purposes.
ANTENNA, COMMERCIAL
A device used 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 (2) or more motor vehicles, which, for a period exceeding thirty (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.
AUTOMOTIVE SERVICE AND REPAIR GARAGES
A garage, other than a private garage, used for gasoline refueling and for the storage, operation, repairing, maintaining or selling of motor vehicles.
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 (5) feet or greater.
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) 
Motel and/or hotel.
(3) 
Dwelling unit.
(4) 
Group residence.
BOARD OF SUPERVISORS
The governing body of the Township of Wright, Luzerne County, Pennsylvania, represented by the Wright Township Board of Supervisors.
[Amended 8-12-2013 by Ord. No. 236]
BOUNDARY FENCE
A fence constructed on the boundary line between two (2) properties.
[Added 5-14-2018 by Ord. No. 250]
BUFFER AREA
A method of improvements designed to separate, screen and substantially obstruct the view of two (2) adjacent land uses or properties from one another. All building faces and other facilities, including parking lots, shall be screened from view from adjacent residential zoning districts.
(1) 
Screening shall be provided by a continuous view-restrictive screen at least six (6) feet to eight (8) feet in height designed to obscure the view of buildings and other facilities from residential zoning districts and uses.
(2) 
For the purpose of this chapter, when a buffer area is required, it shall be deemed to represent a fence or stone wall, with or without cork, trees, shrubs or a combination thereof. All plant material shall be six (6) feet to eight (8) feet in height at time of planting and placed to provide view restrictions. Walls, earth mounds and fences (or a combination thereof) may be included with the plant material to compliment and provide variety to the screen. Grass or other living ground cover shall be planted, mulched and maintained on all portions of the landscaped screen not occupied by other landscaped material. All required material which dies must be replaced by the owner or developer.
(3) 
Existing vegetation and/or material features may be used to meet buffer area requirements, provided the location and composition of existing plant materials and/or natural features will result in screening that meets the requirements of this section.
(4) 
A buffer area shall not be used for any other purpose than its intended effect as a buffer. As such, no other use, including, but not limited to, structures, buildings, signs, parking and/or storage shall be permitted in the buffer area. Buffer areas are required in B-1, B-2 and I-1 Zoning Districts. Specific buffer regulations vary by zoning district. Please refer to the applicable sections under Article 5 for specific regulations for the above-referenced zoning districts.
BUILDING
Any structure, including carports, but excluding fences, sidewalks, driveways and curbs, having a roof supported by columns or walls and intended for shelter, housing or enclosure of persons, animals or property.
[Amended 8-12-2013 by Ord. No. 236]
(1) 
Building, Accessory. See “accessory building or structure.”
(2) 
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.
(3) 
Building, Principal. A building in which is conducted the principal use of the lot on which it is located.
(4) 
Building Height. The vertical distance of a building measured from the finished grade to the top of the highest roof beams on a flat roof, to the deck line on a mansard roof and to the average height between eaves and the ridge for gable, hip and gambrel roofs.
CALIPER
The diameter of a tree trunk measured at a point six (6) inches above the ground for a tree measuring up to and including four (4) inches in diameter and twelve (12) inches above the ground for a tree measuring above four (4) inches in diameter. The term is usually applied to nursery stock.
[Added 7-14-2008 by Ord. No. 219]
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.
CARPORT
A roofed structure opened on two (2) 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.
CELLAR
The portion of any building which is located partly underground, but having one-hafl (½) 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 issued by the Zoning Officer after he 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.
CHANGE OF USE
Any use which differs from the previous use of a building, structure or land. CHURCH—See “place of worship.”
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of the street center lines so as not to interfere with the traffic visibility across the corner of the street rights-of-way and adjacent lot.
[Amended 8-12-2013 by Ord. No. 236]
CLINIC (MEDICAL)
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 a twenty-four (24) hour emergency service. A methadone clinic, as so defined in this chapter, shall be excluded within the scope of this definition.
CLINIC (METHADONE)
A facility licensed by the Pennsylvania Department of Health to use the drug methadone in the treatment, maintenance or detoxification of persons.
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.
COLLEGE
An educational institution authorized by the state to award associate, baccalaureate and/or higher degrees.
[Amended 2-9-2004 by Ord. No. 187]
COMMERCIAL USE
An occupation, employment or enterprise that is carried on for profit by the owner, lessee or licensee.
COMMON FACILITIES
All the real property and improvements, including, without limitation, landscaped areas, buffers, open space not included within title lines of any privately owned lot, street rights-of-way not dedicated to Wright Township, owned in common by residents within the development which is served by the facilities.
[Added 7-14-2008 by Ord. No. 219]
COMMON OPEN SPACE
A parcel or parcels of land, or an area of water, or a combination of land and water within a development site, designed and intended for the use or enjoyment of residents of the development, not including streets, off-street parking areas, private yard space and areas set aside for nonresidential and be public facilities. Common open space shall be substantially free of structures but may contain such improvements as are appropriate for recreational use by the residents.
[Amended 8-12-2013 by Ord. No. 236]
COMMUNITY ASSOCIATION
A nonprofit organization comprised of homeowners or property owners, the function of which is to maintain and administer property owned in common by members of the association or by the association, to protect and enhance the value of the property owned individually by each of the members. Homeowners associations and condominium associations are types of community associations.
[Added 7-14-2008 by Ord. No. 219]
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.
COMPREHENSIVE PLAN
The Comprehensive Plan of the Township of Wright consisting of maps, charts and textual matter; and containing statements of the Planning Commission and Board of Supervisors serving to guide the continuing development of the Township in terms of community development objectives, plans and policies for the use of land, for housing, for community facilities and for transportation, and a plan for implementation.
[Amended 8-12-2013 by Ord. No. 236]
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 Supervisors and subject to special requirements different from those usual requirements for the zoning district in which the conditional use may be located.
CONDOMINIUM
Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those separate portions, in accordance with the Pennsylvania Uniform Condominium Act 1980-82,[1] as amended.
[Added 7-14-2008 by Ord. No. 219]
CONSERVATION AREA, PRIMARY
Lands within the one hundred (100) year floodplain (including the floodway), wetlands and slopes in excess of twenty-five percent (25%).
[Added 7-14-2008 by Ord. No. 219]
CONSERVATION AREA, SECONDARY
All landscape elements not included in the primary conservation area. In conservation subdivision design, certain secondary conservation areas are designated to be protected, while others may be developed. The extent to which these features are preserved on an individual site are determined on a case-by-case basis during the land development process. Secondary conservation areas include, without limitation: woodlands, hedgerows, field stonewalls, groups of trees, large individual trees of significance, important farmland soils, hydric soils, swales, springs, vernal pools and lowland areas other than wetlands, steep slopes between fifteen percent (15%) and twenty-five percent (25%), scenic roads and vistas, and historic or cultural resources.
[Added 7-14-2008 by Ord. No. 219]
CONSERVATION DESIGN SUBDIVISION
A residential subdivision designed around permanently preserved natural resources at the dwelling unit density specified in the Township Zoning Ordinance.
[Added 7-14-2008 by Ord. No. 219[2]; 8-12-2013 by Ord. No. 236]
CONSERVATION EASEMENT
A right or interest in land granted primarily for the preservation of the land in its undeveloped state but which may allow limited development (e.g., a residential structure) and other compatible uses such as agriculture and forestry.
[Added 7-14-2008 by Ord. No. 219[3]]
CONSTRAINED LAND
The sum acreage of certain natural resources or other physical features that are deemed unsuitable for development due to environmental sensitivity or legal restrictions, such as easements or rights-of-way.
[Added 7-14-2008 by Ord. No. 219]
CONTRACTOR’S STORAGE
A lot, building, or part thereof, used to store vehicles, equipment and 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.
COUNTY PLANNING COMMISSION
The Planning Commission of Luzerne County, Pennsylvania.
[Amended 8-12-2013 by Ord. No. 236]
COVERAGE
The portion or percentage of a lot area covered by all buildings and/or structures located on the lot. See also “building [(2) building coverage]” and “lot coverage.”
[Amended 8-12-2013 by Ord. No. 236]
CRITICAL AREAS
An area with one (1) or more of the following characteristics: (a) slopes in excess of twenty percent (20%); (b) floodplain and/or wetlands; (c) soils classified as having a high water table; (d) soils classified as highly erodible, subject to erosion or highly acidic; (e) land incapable of meeting percolation requirements.
DAY-CARE CENTER
A structure in which daily care services are provided for seven (7) or more children and/or adults (requiring supervisory care) at any one time, where the 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 and/or adults (requiring supervisory care) for part of a twenty-four (24) hour day, excluding the care provided by relatives, and licensed as such by the State.
DAY-CARE HOME
A residential structure in which daily care services are provided for more than six (6) but not less than twelve (12) children and/or adults (requiring supervisory care), at any one time, where the daily care areas are also used as a portion of a family residence.
DAY-CARE SERVICES
The provision of out-of-home care for children and/or adults (requiring supervisory care) for part of a twenty-four (24) hour day, excluding the care provided by relatives.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of a tree trunk measured at a point four and five tenths (4.5) feet above the ground at the base of the tree. If a tree divides or splits into multiple trunks below four and five tenths (4.5) feet, the trunk is measured at its most narrow point beneath the split. The term is usually applied to trees in the field (not nursery stock).
[Added 7-14-2008 by Ord. No. 219]
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 may be appealed to the Court of Common Pleas of Luzerne County.
[Amended 8-12-2013 by Ord. No. 236]
DECK
A platform with railings, but without a roof, projecting out from the main wall of a dwelling and intended to be used as an area for seating, dining or recreation outdoors.
DENSITY
The number of dwelling units permitted per net unit of land.
[Amended 7-14-2008 by Ord. No. 219[4]]
DETERMINATION
(1) 
Final action by the Zoning Officer charged with the administration of any land use ordinance or applications thereunder, except the following:
(a) 
The governing body.
(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 131] or planned residential development provisions.
(2) 
Determinations may be appealed only to the boards designated as having jurisdiction for such appeal.
DEVELOPER
Any landowner, person, partnership, association, corporation or other profit or non-profit entity, or any responsible person therein or agent thereof, who makes or causes to be made a subdivision of land, a land development or undertakes any of the other regulated activities identified in the Wright Township Stormwater Management Ordinance [Chapter 127].
[Amended 8-12-2013 by Ord. No. 236]
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.
[Amended 8-12-2013 by Ord. No. 236]
DISTRICT
See “zoning district.”
DRIVEWAY PERMIT
A permit required by Wright Township for access onto a Township road based upon regulations as set forth under Wright Township Driveway Ordinance, Ordinance No. 78.
DWELLING
One (1) 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.
(1) 
DWELLING, SINGLE-FAMILY
A detached building arranged or used for occupancy by one (1) family.
(2) 
DWELLING, TWO-FAMILY
A detached or semidetached building where not more than two (2) 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.
(3) 
DWELLING, MID-RISE RESIDENTIAL STRUCTURE
An apartment building containing three (3) stories.
(4) 
DWELLING, MULTIPLE
A building containing three (3) or more dwelling units entirely separated by vertical walls or horizontal floors, unpierced except by access to the outside or to a common cellar.
DWELLING UNIT
One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate bathroom, toilet and sanitary facilities and facilities for cooking and sleeping for exclusive use by the family residing therein.
EASEMENT
A right-of-access granted, but not dedicated, for a specific use of private land for a public or quasi-public purpose, and within which the owner of the property shall not erect any permanent structure but shall have the right to make any other use of the land which is not inconsistent with the right of the grantee; A grant of one (1) or more property rights by a property owner to and for the use by the public, a corporation or another person or entity.
[Amended 8-12-2013 by Ord. No. 236]
ENTERTAINMENT FACILITIES
Commercial establishments engaged in providing entertainment for a fee or an admission charge, such as an arcade, bowling alley, billiard hall, roller skating rink, movie theater, performing arts theater or similar facilities.
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.
EROSION AND SEDIMENT CONTROL PLAN
A plan prepared in accordance with the Commonwealth of Pennsylvania Department of Environmental Protection (PA DEP) Office of Water Management Erosion and Sediment Pollution Control Program Manual, as may be amended from time to time, indicating the necessary land treatments and other methods of implementation designed to effectively minimize accelerated soil erosion and sedimentation pollution and requiring approval by the Luzerne Conservation District. “Erosion and sediment pollution control plan” shall have the same meaning.
[Added 8-12-2013 by Ord. No. 236]
EXCAVATION
Any act, removal or recovery, by any means whatsoever, by which earth, soil, sand, gravel, rock, minerals, mineral substances, organic substances other than vegetation, or any other material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed from water or land on or beneath the surface thereof, whether exposed or submerged, and including the conditions resulting therefrom.
[Amended 8-12-2013 by Ord. No. 236]
FAMILY
One (1) 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 (4) individuals who are not related by blood, marriage or legal adoption shall not be deemed to constitute a family.
FARM
A tract of agricultural land not less than five (5) acres, together with fields, buildings, animals, and personnel there assembled, for the purpose of production of specified types of crops.
FENCE
An artificial barrier constructed with materials recognized by the fencing industry to enclose and/or separate areas of land. Hedges or other similar types of vegetative cover shall not be deemed to be a fence. See “boundary fence.”
[Amended 5-14-2018 by Ord. No. 250]
FLOOD
The temporary inundation of normally dry land areas.
[Amended 8-12-2013 by Ord. No. 236]
FLOOD, ONE HUNDRED (100) YEAR
A flood which has a one percent (1%) chance of being equaled or exceeded in any given year (also called the “one hundred (100) year flood” or one percent (1%) annual chance flood). The term “base flood” shall have the same meaning.
[Amended 8-12-2013 by Ord. No. 236]
FLOODPLAIN AREA
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 waters from any source.
[Added 8-12-2013 by Ord. No. 236]
FLOODPROOFING
Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents.
[Amended 8-12-2013 by Ord. No. 236]
FLOODWAY
The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot.
[Amended 8-12-2013 by Ord. No. 236]
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.
FORESTRY-FOREST MANAGEMENT AND TIMBER OPERATIONS
Planning and activities necessary for the management of forest land, including timber inventory and preparation of forest management plans in accordance with accepted silvicultural principles and treatment through developing, cutting budgets, logging road design and construction, timber harvesting, transportation and selling trees for commercial purposes, site preparation and reforestation.
[Added 8-12-2013 by Ord. No. 236]
FRONTAGE
See “lot frontage.”
[Amended 8-12-2013 by Ord. No. 236]
FUNERAL HOME
A building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns and other related funeral supplies; and (d) 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 commercial 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.
GASOLINE SERVICE STATION
A building or premises, or portion thereof, used for the retail sale of gasoline, oil or other fuel, automotive parts, supplies, or accessories for motor vehicles and which may include, as an incidental use only, facilities used for polishing, greasing, washing or otherwise cleaning or light servicing of motor vehicles, but not including liquefied petroleum gas distribution facilities.
GENERAL NUISANCE
Any use considered to be inconsistent with the public comfort, convenience, health, safety and general welfare, including the following: fire and explosion hazards; electrical radioactive disturbances; noise and vibration; dust, dirt and fly ash; glare; smoke and odors; and other forms of air pollution.
GOVERNING BODY
The Board of Supervisors of Wright Township, Luzerne County, Pennsylvania.
GROUP RESIDENCE
(1) 
A dwelling unit which is shared under congregate living arrangements by more than four (4) unrelated persons, licensed by an appropriate governmental agency, in which the residents of the dwelling unit receive supervised services limited to health, social and/or rehabilitative services. 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.
(2) 
The following shall not be deemed to constitute a group residence:
(a) 
A boarding home and/or a personal care boarding home.
(b) 
A day-care facility or day-care home.
(c) 
A facility providing shelter and/or rehabilitative care or treatment of persons for alcoholism and/or an addiction to a controlled substance.
(d) 
A facility for persons released from or under the jurisdiction of a governmental bureau of corrections or similar institutions.
HAZARDOUS SUBSTANCES
(1) 
Any material that, by reason of its quantity, concentration, or physical, chemical or infectious characteristics may:
(a) 
Cause, or significantly contribute to, an increase in mortality or an increase in a serious irreversible or incapacitating reversible illness.
(b) 
Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of or otherwise managed.
(2) 
This definition shall be deemed to include radioactive material, medical waste and explosives.
HEALTH/FITNESS FACILITY
An indoor facility including uses such as game courts, exercise equipment, locker rooms and related facilities.
[Amended 5-14-2018 by Ord. No. 250]
HEARING
See “public hearing.”
[Added 8-12-2013 by Ord. No. 236]
HEDGEROW
A linear plant community dominated by trees and/or shrubs. Hedgerows often occur along roads, fence lines, property lines, or between fields, and may occur naturally or be specially planted (e.g., as a windbreak).
[Added 7-14-2008 by Ord. No. 219]
HEIGHT (ALSO SEE THE DEFINITIONS OF “BUILDING,” “BUILDING HEIGHT” AND “STRUCTURE”)
The vertical distance of structure measured from average elevation of the finished grade surrounding the structure to the highest point of the structure.
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.
HELIPORT
An area, either at ground level or elevated upon a structure approved and licensed by the federal government and by the Pennsylvania Department of Transportation for landing and takeoff of helicopters.
HIGHWAY OCCUPANCY PERMIT
A permit issued (and generally required) by the Pennsylvania Department of Transportation (pursuant to § 420 of the Act of June 1, 1945, P.L. 1242, No.428 know as the “State Highway Law”), the Luzerne County Road and Bridge Department or Wright Township, which authorizes access from a parcel of land onto a highway, road or street which is under the respective jurisdiction of the agencies references herein. A highway occupancy permit may also be required for the installation of sanitary and stormwater collection systems and appurtenances, utilities or other facilities within the legal right-of-way of a highway, road or street under the respective references jurisdictions. See also “driveway permit.”
[Amended 8-12-2013 by Ord. No. 236]
HISTORIC RESOURCE
Any structure that is seventy-five (75) years or older at the time a subdivision or land development application is submitted for the property on which it is located or any structure that is:
[Added 7-14-2008 by Ord. No. 219]
(1) 
Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) 
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without an approved program.
HOME OCCUPATION
An occupation, profession, activity, or use conducted and/or operated by a member of the family within a dwelling unit that is clearly a customary, incidental and secondary use of that dwelling unit and which does not alter the exterior of the property or adversely affect or change the residential character of the neighborhood.
HOMEOWNERS ASSOCIATION
A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations, for the purpose of administering the needs of residents through the maintenance of community owned property. This term is synonymous with “Property Owners Association.”
[Added 7-14-2008 by Ord. No. 219]
HOTEL (SEE ALSO “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 governing body prior to approval of a conditional use, or by the Zoning Hearing Board prior to approval of 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 any and all reports and/or studies required by the governing body or Zoning Hearing Board under or within the context of the term “impact analysis.”
IMPERVIOUS SURFACE
Any surface material and/or development that prevents, substantially prevents and/or reduces the infiltration, percolation or penetration of stormwater runoff into previously undeveloped land, which surfaces shall include, but may not necessarily be limited to, buildings, roofs, surfaced, graveled or compacted parking areas, streets, sidewalks, driveways, stone patios and other similar vehicular and/or pedestrian access routes and travel ways. See also “gravel (crushed stone),” Chapter 127, Stormwater Management, § 127-202, Definitions of Terms, for when gravel classifies as impervious.
[Amended 8-12-2013 by Ord. No. 236]
IMPROVEMENTS
Man-made physical additions, alterations and/or changes which become part of, placed upon or affixed to real estate and which may otherwise be necessary to produce usable and desirable lots.
[Amended 8-12-2013 by Ord. No. 236]
INDUSTRIAL PARK
An industrial area designed, organized and laid out in accordance with an overall plan for a community of industries, including the servicing of these industries and designed to ensure compatibility between and among the industrial operations within the park and the surrounding areas through such means as landscaping, architectural design, setbacks, performance standards and use requirements.
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, retail 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 more than eight (8) persons on a continuous and/or regular basis, excluding a facility for persons released from or under the jurisdiction of a governmental bureau of corrections or similar institution.
INVASIVE PLANT SPECIES
Predominantly nonnative, nonindigenous, alien tree, shrub, vine, or herbaceous species that grow or reproduce aggressively, usually because they have few or no natural predators, and which can so dominate that they kill off or drive out many indigenous plant species.
[Added 7-14-2008 by Ord. No. 219]
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. A municipally owned and/or operated recycling center approved by the Pennsylvania Department of Environmental Protection shall not be deemed a junkyard.
LAND DEVELOPMENT
The improvement of one (1) lot or two (2) or more continuous lots, tracts or parcels of land for any purpose involving:
[Amended 2-9-2004 by Ord. No. 187; 8-12-2013 by Ord. No. 236]
(1) 
A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively.
(2) 
A single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(3) 
Any nonresidential use of land, with or without structures, which encompasses two (2) or more acres of land including, but not limited to, grading and/or the backfilling of land, earthmoving activities and/or removal of vegetative cover. Agricultural uses of land and/or related agricultural activities shall be specifically excluded.
(4) 
The division or allocation of land or space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
(5) 
An addition to an existing nonresidential building and/or structure, excluding agricultural buildings and/or structures, that equals or exceeds five hundred (500) square feet of gross floor area, whether proposed initially or cumulatively.
(6) 
The development and/or expansion of a mobile home park or a campground.
(7) 
A subdivision of land.
(8) 
Development in accordance with § 503 (1.1) of the Pennsylvania (PA) Municipalities Planning Code (MPC), as may be amended from time to time.
[Added 8-12-2013 by Ord. No. 236]
LAND (EARTH) DISTURBANCE
Any activity, involving grading, tilling, digging, filling of ground, stripping of vegetation or any other activity that exposes soils or otherwise causes or results in an alteration to the natural condition of the land including changes in topography or woody vegetation, except for the removal of a safety hazard, diseased trees or invasive vegetation.
[Added 8-12-2013 by Ord. No. 236]
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 is authorized under the lease to exercise the rights of the landowner or other person having a proprietary interest in land.
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 of a lot lying within the lot lines (legal or proposed) established for that lot, provided that no area of land lying within any street line shall be deemed a portion of any lot area, and that the area of any lot shall include the area of any easement legally created, granted or proposed within the same.
[Amended 8-12-2013 by Ord. No. 236]
LOT AREA, GROSS
The area of land contained within the limits of the legally described property lines bounding the lot.
[Added 7-14-2008 by Ord. No. 219]
LOT AREA, NET
The area of land contained within the limits of the legally described property lines bounding the lot, exclusive of any street or railroad rights-of-way, common open space, easements for the purposes of access, utility, or stormwater management, prohibitively steep slopes, the Floodplain Conservation District, and wetlands as defined by this chapter.
[Added 7-14-2008 by Ord. No. 219]
LOT, CORNER
A lot abutting on and at the intersection of two (2) or more streets, the interior angle of such intersection not exceeding one hundred thirty-five (135º) degrees.
[Amended 8-12-2013 by Ord. No. 236]
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, by the gross area of that lot.
LOT DEPTH
The average horizontal distance between the front and rear lot lines.
LOT FRONTAGE
The length of any one (1) property line determined to be the front line of a lot, parcel, tract or other premises, measured along the abutting legally accessible street right-of-way or access easement.
[Added 8-12-2013 by Ord. No. 236]
LOT LINE
A line dividing one (1) 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 (3) 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, REVERSE FRONTAGE
A lot extending between and having frontage on an arterial and a minor street and with vehicular access solely from the latter.
[Added 8-12-2013 by Ord. No. 236]
LOT, THROUGH OR DOUBLE FRONTAGE
A lot having its front and rear yards each abutting on a street.
[Amended 8-12-2013 by Ord. No. 236]
LOT WIDTH
The horizontal distance between side lot lines measured at and/or along the required front setback line.
[Amended 8-12-2013 by Ord. No. 236]
MANUFACTURED HOME
A structure, transportable in one (1) or more sections which is built on a permanent chassis, and is designed for use with or without a permanent foundation when attached to the required utilities. The term includes park trailers, travel trailers, recreational and other similar vehicles which are placed on a site for more than one hundred eighty (180) consecutive days.
[Amended 8-12-2013 by Ord. No. 236]
MANUFACTURED HOME LOT
A parcel of land in a manufactured home park or subdivision, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured home.
[Added 8-12-2013 by Ord. No. 236]
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
[Added 8-12-2013 by Ord. No. 236]
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.
MOBILE FOOD VEHICLE
Any vehicle, trailer, or pushcart that is self-propelled or can be pushed or pulled down a street or sidewalk, on which food is displayed, prepared, or processed for the purpose of selling food to a consumer. Mobile food vehicles/carts that operate on exclusively public property for less than ten (10) minutes in each location shall not be subject to the provisions of Ord. No. 250.
[Added 5-14-2018 by Ord. No. 250]
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one (1) unit, or in two (2) or more units designed to be joined into one (1) 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.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection 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 (2) 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.
MUNICIPAL OR MUNICIPALITY
Of, for or being the Township of Wright, Luzerne County, Pennsylvania.
[Added 8-12-2013 by Ord. No. 236]
NIGHTCLUB
A commercial establishment dispensing alcoholic beverages for consumption on the premises and in which dancing and live entertainment is permitted, including the term “cabaret.”
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, pickup, delivery or removal functions to or from premises, in excess of those normally associated with residential use. The business or commercial activity must also comply with the standards contained within § 145-802II of this chapter.
[Added 12-9-2002 by Ord. No. 178]
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 the zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, 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 the zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment to its location by reason of annexation.
OFFICES
A room or group of rooms used for conducting the affairs and management of a business, profession, service industry or government and generally furnished with desks, tables, files and communication equipment.
OPEN SPACE
That part of a particular development tract set permanently aside for the protection of sensitive natural features, greenways, farmland, scenic views and other primary and secondary conservation areas identified by this chapter and the by this Chapter 145, Zoning (the Wright Township Zoning Ordinance). Open space may be accessible to the residents of the development and/or the Township, or it may contain areas of farmland, forest land or conservancy lots which are not accessible to development residents or the public. Open space must be substantially free of structures, but may contain such improvements as are in the finally approved development plan. Open space may be a combination of natural or naturalized areas (such as the municipal greenway network) and more manicured areas (such as lawn, recreational areas or play fields). Open space is permanently restricted against further development.
[Amended 7-14-2008 by Ord. No. 219; 8-12-2013 by Ord. No. 236]
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.
PARCEL
(See also “lot.”)
[Amended 8-12-2013 by Ord. No. 236]
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 (2) 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 (1) motor vehicle.
PATIO
A courtyard with or without railings and without a roof, adjacent to or near a dwelling but not part of the dwelling structure, and intended to be used as an area for seating, dining or recreation outdoors.
PAVILION
A tent or tent-like covering or an open-sided structure with a roof located in a yard, but not attached to a dwelling, and intended to be used as an area for seating, dining or recreation outdoors.
PERMITTED USE
Any use which is specifically permitted 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, barbershops, beauty parlors and related activities.
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, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one (1) district created, from time to time, under the provisions of this chapter.
[Amended 8-12-2013 by Ord. No. 236]
PLANNING COMMISSION
The Planning Commission of Wright Township, Luzerne County, Pennsylvania.
[Amended 8-12-2013 by Ord. No. 236]
PRINT SHOP
A retail establishment that provides duplicating services using photocopy, blue-print and offset printing equipment, including collating of booklets and reports.
PRINCIPAL USE
The main use of land or structures, as distinguished from a secondary or accessory use.
PRIVATE
Something owned, operated and supported by private individuals or a corporation, rather than by government, and not available for public use.
PROFESSIONAL CONSULTANT(S)
A person or persons who provide expert or professional advice, including, but not limited to, architects, attorneys, certified public accountants, engineers, geologists, land surveyors, landscape architects or planners.
[Added 7-14-2008 by Ord. No. 219]
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 governing body, 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 in accordance with the provisions of this chapter.
[Amended 8-12-2013 by Ord. No. 236]
PUBLIC MEETING
A forum held pursuant to notice under the Act of July 3, 1986 (P.L. 388, No. 84) known as the “Sunshine Act.”
PUBLIC NOTICE
Notice published once each week for two (2) successive weeks in a newspaper of general circulation in the municipality. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall not be more than thirty (30) days and the second publication shall not be less than seven (7) days from the date of the hearing (applies to public hearing, not meetings).
[Amended 8-12-2013 by Ord. No. 236]
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 UTILITIES 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, as amended.
QUALIFIED PROFESSIONAL
An individual authorized to prepare plans pursuant to § 503(1) of the MPC which states that plats and surveys shall be prepared in accordance with the act of May 23, 1945 (P.L. 913, No. 367), known as the “Engineer, Land Surveyor and Geologist Registration Law,[5] ” except that this requirement shall not preclude the preparation of a plat in accordance with the act of January 24, 1966 (P.L. 1527, No. 535), known as the “Landscape Architects Registration Law,[6] ” when it is appropriate to prepare the plat using professional services set forth in the definition of the “practice of landscape architecture” under Section 2 of that act.
[Added 7-14-2008 by Ord. No. 219]
RECREATIONAL FACILITIES, PASSIVE EQUIPMENT
Facilities, open air areas, or indoor facilities using nonpowered equipment for the purposes of recreation. This definition shall include sport fields and playgrounds.
[Added 5-14-2018 by Ord. No. 250]
RECREATIONAL FACILITIES, POWERED EQUIPMENT
Facilities, open air areas, or indoor facilities using powered mechanical equipment for the purposes of recreation. This definition shall include ATV tracks, golf carts, go carts, and amusement park rides.
[Added 5-14-2018 by Ord. No. 250]
RECREATIONAL VEHICLE
A vehicle that is built upon a single chassis, designed to be self-propelled or towable by a class 3 truck or lighter, contains not more than four hundred thirty (430) gross square feet, and is designed for temporary living quarters for the purposes of recreation, camping, travel, and/or seasonal use.
[Added 12-3-2007 by Ord. No. 216; amended 8-12-2013 by Ord. No. 236; 5-14-2018 by Ord. No. 250]
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.
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, 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.
RIGHT-OF-WAY
Land, usually reserved as a strip of land having a consistent width, for use by the public or others including, but not limited to, streets, railroads, utility transmission lines and pipe lines, storm and sanitary collection and conveyance facilities or other special use or purpose. Unless otherwise stated, “right-of-way” shall mean the existing street right-of-way line.
[Amended 8-12-2013 by Ord. No. 236]
RIGHT-OF-WAY, EXISTING OR LEGAL
The line separating a lot from the established official street right-of-way that rather the Township, County or the Commonwealth will own after the completion of any proposed subdivision, land development or development of a use under this chapter.
[Added 8-12-2013 by Ord. No. 236]
RIGHT-OF WAY, FUTURE
Land that may be dedicated or reserved for future dedication for use as a street and for related public improvements. The terms “ultimate right-of-way,” “right-of-way reserved for future dedication” and “future right-of-way” shall have the same meaning. If a future right-of-way is not required to be defined, then future right-of-way shall have the same meaning as existing right-of-way.
[Added 8-12-2013 by Ord. No. 236]
RIPARIAN LAND
Land that is traversed or bounded by a natural watercourse.
[Added 7-14-2008 by Ord. No. 219]
SANITARY SEWAGE DISPOSAL SYSTEM, COMMUNITY
A publicly or privately owned sanitary sewage collection system, approved by the Pennsylvania Department of Environmental Protection, in which sanitary sewage is collected from two (2) or more individual lots or equivalent dwelling units, conveyed by a piped system to a centralized treatment and disposal facility located at a separate site on one (1) or more lots.
[Added 8-12-2013 by Ord. No. 236]
SANITARY SEWAGE DISPOSAL SYSTEM, ON-LOT
A sanitary sewage collection and disposal facility designed to biochemically treat sewage collected from within the boundaries of an individual lot in accordance with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection, in which the collected and treated sewage is disposed of, in whole or in part, into the soil or into any waters of the Commonwealth, or by means of conveyance to another site for final disposal.
[Added 8-12-2013 by Ord. No. 236]
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 stories. 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, middle schools, junior high schools and high schools that are licensed by the state as such. Preschool facilities including, but not limited to, day-care facilities, are excluded from said definition. (See “day-care.”)
[Amended 2-9-2004 by Ord. No. 187; 8-12-2013 by Ord. No. 236]
SEATING CAPACITY
The actual seating capacity of an area based upon the number of seats or one (1) seat per eighteen (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 Pennsylvania Uniform Construction Code (PA UCC).
[Amended 8-12-2013 by Ord. No. 236]
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.
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.
SETBACK LINE
The line within lot, property, parcel, or tract of land defining the required minimum horizontal distance between any building to be erected and the adjacent property/lot line. The front yard setback shall be measured between the minimum required front line of the building and the street right-of-way line.
[Added 8-12-2013 by Ord. No. 236]
SHOPPING CENTER, HIGHWAY COMMERCIAL
A grouping of retail business and service uses in one (1) or more principal buildings on a single site with common ingress, egress, and parking facilities.
[Amended 11-10-2008 by Ord. No. 222]
SHOPPING CENTER, NEIGHBORHOOD COMMERCIAL
A grouping of retail business and service uses in a single principal building or in no more than two (2) principal buildings on a single site with common ingress, egress and parking facilities.
[Added 11-10-2008 by Ord. No. 222]
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 (1) face only. Double-faced signs shall be so constructed that the perimeter of both faces coincide and are parallel and not more than twenty-four (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 (1) 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, ROOF
Any sign erected upon, against, or directly above a 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.
SLOPE OF LAND
The deviation of the land surface from the horizontal, perpendicular to the contours, expressed in percent and calculated by dividing the vertical distance by the horizontal distance times one hundred (100).
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
See “erosion and sediment control plan.”
[Amended 8-12-2013 by Ord. No. 236]
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, pursuant to Chapter 271.1, under the Solid Waste Management Act, 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.
SPECIMEN TREE
A unique, rare, or otherwise specifically selected tree or plant considered worthy of conservation by the municipality, because of its species, size, age, shape, form, historical importance, or any other significant characteristics, including listing as a Species of Special Concern by the Commonwealth of Pennsylvania. All healthy trees over twenty (20) inches dbh are considered specimen.
[Added 7-14-2008 by Ord. No. 219]
STANDALONE WINDMILL
A wind energy conversion system that is erected for the purpose of generating electricity and electrical power for on-site use which is intended to primarily reduce consumption of utility power at that location.
[Added 5-14-2018 by Ord. No. 250]
STEEP SLOPES
[Added 7-14-2008 by Ord. No. 219; amended 8-12-2013 by Ord. No. 236]
(1) 
Areas of land where the grade is fifteen percent (15%) or greater. Steep slopes are divided into three (3) categories:
(a) 
Precautionary (moderately steep) slopes are those areas of land where the grade is fifteen percent (15%) to twenty-five percent (25%).
(b) 
Prohibitive (steep) slopes are those areas of land where the grade is greater than twenty-five percent (25%) up to and including thirty-five percent (35%).
(c) 
Very steep slopes are those areas of land where the grade is greater than thirty-five percent (35%).
(2) 
Slope shall be measured as the change in elevation over the horizontal distance between consecutive contour lines. Slope shall be measured over three (3) two (2) foot contour intervals (six (6) cumulative vertical feet of slope). All slope measurements shall be determined by topographic survey signed and sealed by a registered surveyor or engineer licensed to practice by the Commonwealth of Pennsylvania.
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 (5) of feet of the finished ground surface adjoining the exterior walls of such story.
STREET
A public (dedicated) or private (undedicated) right-of-way, whether improved or not improved, intended for use by vehicular and pedestrian traffic. Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended for purpose described herein, whether public or private. The term “street” includes the entire right-of-way and not just the cartway and related improvements. Streets are further classified according to the functions they are intended to perform. Refer to Chapter 131, Subdivision and Land Development, for the definitions and design standards for the various classifications of streets.
[Amended 8-12-2013 by Ord. No. 236]
STREET LINE
The dividing line between a lot and the outside boundary or ultimate right-of-way of a public street, road or highway, legally opened or officially plotted; or between[7] a lot and a privately owned street, road or way over which the owners or tenants of two (2) or more lots, which each holds in single and separate ownership, have the right of access, or which may, after future subdivisions, be used to access two (2) or more lots.
[Amended 8-12-2013 by Ord. No. 236]
STRUCTURE
A walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
[Amended 8-12-2013 by Ord. No. 236]
SUBDIVISION
The subdivision or redivision of a lot, tract or parcel of land by any means into two (2) 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 (10) acres, not involving any new street or easement of access or any residential dwelling, shall be exempted.
SUBDIVISION, MAJOR
All subdivisions not classified as minor subdivisions, including but not limited to subdivisions of six (6) or more lots, or any size subdivision requiring any new street or extension of Township facilities or the creation of any public improvements.
SUBDIVISION, MINOR
Any subdivision containing not more than five (5) lots fronting on an existing public street, not involving any new street or road, or the extension of municipal facilities, or the creation of any public improvements, not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan, Official Map, this chapter or these regulations, excluding industrial and commercial subdivision regardless of size. Any proposed subdivision of a lot of record, which resulted from a minor subdivision shall be classified as a major subdivision, when the cumulative number of lots, from the original lot of record and/or any resulting lot, exceed six (6) lots within five (5) years from date of its approval under a minor subdivision classification. Information stating the above requirement shall be included upon all deeds for lots created under a minor subdivision.
SWIMMING POOL
A water-filled enclosure, permanently constructed or portable, having a depth of more than eighteen (18) inches below the level of the surrounding land, or an above-surface pool, having a depth of more than thirty (30) inches, designed, used and maintained for swimming and bathing.
TAVERN
An establishment used primarily for serving alcoholic beverages to the general public and where food may be served or sold only as an accessory to the primary use.
[Added 2-9-2004 by Ord. No. 187]
TEMPORARY STRUCTURE
A structure that is portable and/or is erected on a temporary basis, not having a permanent foundation or footing, and which includes intermodal shipping containers and semitruck trailers used for on-site storage, and construction (job) trailers.
[Added 5-14-2018 by Ord. No. 250]
TOPSOIL
Natural and friable loam containing sufficient nitrogen, phosphorus and potassium to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.
[Added 7-14-2008 by Ord. No. 219]
TOWER
See “antenna support structure, commercial.”
TOWNHOUSE
A residential structure constructed as a single entity containing a row of more than two (2) single-family attached dwelling units but not more than six (6) 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 (1) or more party walls without openings.
TOWNSHIP
Township of Wright, Luzerne County, Pennsylvania.
TRACT AREA, ADJUSTED (ATA)
The gross tract area minus the constrained land.
[Added 7-14-2008 by Ord. No. 219]
TRACT AREA OR SIZE, GROSS
The area of land contained within the limits of the legally described property lines bounding the tract, excluding the area within the legal right-of-way of existing roads.
[Added 7-14-2008 by Ord. No. 219]
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 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 modification waiver granted by the Zoning Hearing Board from the terms and requirements of this chapter in accordance with § 145-1509 of this chapter.
[Amended 8-12-2013 by Ord. No. 236]
VOCATIONAL SCHOOL
A secondary or higher education facility primarily teaching usable skills that prepares students for a job in a trade and meeting applicable state requirements as a vocational facility.
[Added 2-9-2004 by Ord. No. 187]
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, channel or ditch for collection and conveyance of stormwater runoff, whether natural or man-made.
[Amended 8-12-2013 by Ord. No. 236]
WETLANDS
Areas that are inundated and saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event the definition of “wetland” accepted by the U.S. Army Corps of Engineers conflicts with the definition of a “wetland” accepted by the Pennsylvania Department of Environmental Protection, the more restrictive definition shall apply.
[Amended 7-14-2008 by Ord. No. 219]
WIRELESS COMMERCIAL COMMUNICATION SITE
A tract or parcel of land containing a commercial antenna, its support structure, accessory building(s) and parking.
WOODLAND DISTURBANCE
Any activity that 1) alters the existing structure of a woodland or hedgerow, including the cutting or removal of canopy trees, subcanopy trees, understory shrubs and vines, and herbaceous woodland floor species; 2) constitutes a land disturbance within a woodland or hedgerow. Woodland disturbance does not include the selective cutting or removal of invasive plant species. (See “invasive plant species.”)
[Added 7-14-2008 by Ord. No. 219]
WOODLANDS
A tree mass or plant community in which tree species are dominant or codominant and the branches of the trees form a complete, or nearly complete, aerial canopy. Any area, grove, or stand of mature or largely mature trees (larger than six (6) inches dbh) covering an area of one quarter (¼) acre or more, or consisting of ten (10) individual trees larger than six (6) inches dbh, shall be considered a woodland. The extent of any woodland plant community or any part thereof shall be measured from the outermost dripline of all the trees in the plant community.
[Added 7-14-2008 by Ord. No. 219]
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.
ZONING DISTRICT
A portion of Wright 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 Wright Township, Luzerne County, Pennsylvania.
ZONING MAP
The official map which is part of this chapter and indicates and delineates the zoning districts of Wright Township, Luzerne County, Pennsylvania.
ZONING OFFICER
The administrative officer appointed by the governing body to administer and enforce this chapter.
[1]
Editor’s Note: See 68 Pa. C.S.A. § 3101 et seq.
[2]
Editor’s Note: This ordinance also repealed the former definitions of “conservation subdivision” and “conservation zoning,” which immediately followed.
[3]
Editor’s Note: This ordinance also repealed the former definitions of “conservation subdivision” and “conservation zoning,” which immediately followed.
[4]
Editor’s Note: This ordinance also repealed the former definition of “density, gross” which immediately followed.
[5]
Editor’s Note: See 63 P.S. § 148 et seq.
[6]
Editor’s Note: See 63 P.S. § 901 et seq.
[7]
Editor’s Note: Ord. No. 171, adopted 12-10-2001, read “... between and a privately ...”