Dingman Township
                           Pike County, PA        

 


                       

Zoning Ordinance

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the Dingman Township Zoning Ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.


 

Article II - Definitions

 

Table of Contents

  1. Article I - General Provisions
  2. Article II - Definitions
  3. Article III - District Regulations
  4. Article IV - Supplemental Regulations
  5. Article V - Signs
  6. Article VI - Off-Street Parking, Loading and Unloading Requirements
  7. Article VII - Administration
  8. Article VIII - Enactment

Zoning Map


 Zoning Ordinance

Article II - Definitions

Legal Notice:  While every attempt has been made to be as accurate as possible, the material found on these pages represents an unofficial copy of the Dingman Township Zoning Ordinance.  When in conflict, the original signed official documents kept in the Township Building shall prevail.  Persons relying on this version shall do so at their own risk.

 

 A    B    C    D    E    F    G    H    I   J   K    L    M    N    O    P    Q    R    S    T    U    V    W    X   Y   Z

 

ARTICLE  II  -  DEFINITIONS

For the purposes of this Ordinance the following words, terms and phrases have the meaning herein indicated:

A

Accessory Building  -  A subordinate building or a portion of the main building on a lot, the use of which is customarily incidental to that of main or principal building.

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

Age-Restricted Housing – A multi-family dwelling in which every dwelling unit, except for one unit occupied by the property manager, is permanently restricted by affirmative covenant or restriction or lease, so every occupant shall be 62 years or older or physically disabled as defined in the Social Security Disability regulations. The Code Enforcement Officer may require affirmative evidence these requirements are met.

Agricultural Products Processing - An industry that involves the processing of raw agricultural products;  and transforming those products into a more refined, prepared or marketable state.  Includes, but is not limited to, such uses as sawmills, dairies and food canning and freezing operations.  (For the purposes of this Ordinance "agricultural products processing" shall be considered "light manufacturing".)

Agricultural Use - The use of any parcel of land containing five (5) or more acres for economic gain in the raising of agricultural products, livestock, poultry and/or dairy products.  It includes necessary structures within the limits of the parcel and the storage of equipment necessary for production.  It excludes the raising of fur bearing animals, riding academies, livery or boarding stables and dog kennels; agricultural products processing; and the disposal or use of sludge, septage or similar waste products which is not an integral part of the agricultural use.

Alterations  -  As applied to a building or structure, means a change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height, or by moving from one location or position to another.

Ancillary Services or Facilities - Services, facilities or retail sales as part of a primary approved use, the said services, facilities or retail sales intended solely for the patrons of the primary approved use;  and without any advertising by location, signs or other means for business patrons other than those associated with the primary use (such as, by way of example only, sales of incidental food items and supplies to patrons camping at approved campground).

Animal Hospital - A place where animals or pets are given medical or surgical treatment and the keeping of animals in kennels is conducted on a short term basis or is incidental (less than half of the floor area) to the clinical operation.

Antenna - A device licensed by the Federal Communications Commission (“FCC”) used to collect or transmit communications, radio, television, or other wireless signals.  This shall not include private  residence mounted satellite dishes or television antennas or amateur radio equipment.

Apartment Building - A building containing three or more dwelling units, excepting townhouses.

Apartment Conversions - Conversions of buildings in existence as of January 1, 2012 to multi-family use provided that the building is served by public (licensed PUC or Municipal Authority) water supply. If the building subject to conversion is at the time of application approved for commercial use the objective standards in Sections 415.3, 415.4, 415.7, and 415.10 shall not apply. The Zoning Hearing Board shall have jurisdiction over the entire application and issues normally presented to the governing body for conditional use approval shall be presented to the Zoning Hearing Board.

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B

Bank - An establishment for the custody, loan, exchange or issue of money, for the extension of credit, and for facilitating the transmission of funds.

Bed and Breakfast - A residential use consisting of one dwelling unit with no more than five (5) rooms or suites that are rented to the public for overnight or weekly accommodation for a fee. Only the breakfast meal may be prepared for the guests by the proprietor and no other meals are provided by the proprietor. The dwelling shall be the primary residence of the proprietor. The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.

Boat Access Area - A public or private property used as an area of entry to a stream or other body of water for the purpose of launching or landing of watercraft and which may be operated as a private business.  The access area may also include ancillary services or facilities such as base operations for watercraft rentals.  This definition shall not include private accesses not open to the public, accesses which are ancillary to another primary approved use (such as, by way of example only, a boat launch area on a lake used solely as part of a summer camp),  or access areas operated by a bona fide, non-profit property owners association or similar organization for the use of members.

Boat Livery - A business or facility for the leasing or renting of any type of watercraft or waterborne vessel for outdoor water based recreation.  This definition shall not include access areas operated by a bona fide, non-profit property owners association or similar organization for the use of members.

Buffer  -  A part of a required setback area (yard) which is used to provide separation between incompatible uses to effect a visual barrier, reduce noise, block physical passage between uses, and reduce noise, dust and litter. The separation may be effected by fencing, dense vegetative planting, the provision of additional setback distances, berms or a combination thereof; and, in general, widths of buffers are increased as density or opaqueness of the barrier decreases.

Building  -  A "building" is any structure which: is permanently affixed to the land, has one or more floors or stories, and is bounded by either lot lines or yards. A building shall not include such structures as billboards, fences, or structures with interior surfaces not normally accessible to human use, such as gas tanks, grain elevators, coal bunkers or similar structures. A building may accommodate more than one family and have more than one dwelling unit and may be used for residential, or commercial or manufacturing purposes.

Building Height  -  The vertical distance measured from the average of the ground levels at the front and rear of a building to the highest point of the roof, not including chimneys, spires, water tanks and similar projections.

Building Setback Line  -  The line within a property defining the required minimum distance between any structure and the adjacent right-of-way line.

Bus  -  Any motor driven vehicle used to carry passengers and normally operating to a schedule along a fixed route.

Bus Shelter  -  A small, roofed  structure, having from one to three walls, located near a street, and designed for protection and convenience of bus passengers.

Business Office - A building used primarily for conducting the affairs of a business, service, industry or government, or like activity.

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C

Camp - A private land development that may include campsites and permanent buildings - such as camp cabins, camp dormitories, indoor recreational facilities, dining hall, community hall, offices and storage for maintenance and recreational equipment, and includes water and sewage facilities; and may include outdoor recreational facilities - such as ball fields, tennis courts, basketballs courts and trails. The camp may include overnight stays and the organization shall have a recreational, educational, religious or environmental mission. Each camper’s residency is restricted to a period of no more than 90 calendar days annually. ‘Camp’ shall not include hunting and fishing cabins and recreational vehicle campsites but may include recreational land developments.

Camp Cabin - A structure specifically designed for campers, for the purpose of providing quarters for sleeping purposes, that is 400 square feet or less, and which may have direct connections to utilities.

Camp Dormitory - A structure specifically designed for campers, for the purpose of providing rooms for sleeping purposes. One common kitchen, common bathrooms and some common gathering space for social purposes may also be provided.

Campground  -  A place where groups of tents, recreational vehicles or buildings are rented for use as temporary living quarters for recreational purposes.

Car Wash - Any building or premises or portions thereof used for washing automobiles, trucks or other vehicles for commercial purposes.

Cemetery - A place for burying the dead; a graveyard.

Central Sewage System – A system of piping, pumps and other components that collects and conveys sewage waste to a sewage treatment plant for processing before its ultimate disposal into the ground or the waters of the Commonwealth.  All sewage treatment plants require operation by an individual licensed by the Pennsylvania Department of Environmental Protection.

Church - A building used for public worship.

Clubhouse or Lodge - An establishment operated for social, athletic, recreational or educational purposes but open only to members and not open to the general public.

Cluster Development - A form of development for single-family residential development that permits a reduction in lot area and certain development standards provided unit densities permitted under a conventional submission are maintained and the resultant land area is devoted to common open space.

Commercial Flea Market - See "Flea Market".

Commercial Recreation - privately owned or operated amusement and entertainment attractions operated for profit on a commercial basis; including petting zoos, arcades, driving ranges, fun parks, golf courses, riding stables, ski areas, theaters and similar attractions, but not including campgrounds and recreational land developments or other uses provided for separately under this Ordinance.

Comprehensive Plan  -  The Dingman Township Comprehensive Plan including all maps and charts attached thereto.

Communications Tower - A structure that is intended to support equipment used to transmit and/or receive communications signals.  Examples of such structures includes monopoles and lattice construction steel structures.

Community On-Lot Disposal System – A system of piping, pumps and other components that collects and conveys sewage waste from two or more properties or structures for treatment before its ultimate disposal into the ground by way of an on-lot sewage disposal system that is permitted under Chapter 73 of the Pennsylvania Department of Environmental Protection regulations.

Conditional Use  -  A use which is not appropriate to a particular zone district as a whole, but which may be suitable in certain localities within the district only when specific conditions and factors prescribed for such cases within this Ordinance are present. Conditional uses are allowed or denied by the Municipal Governing Body after  recommendations by the Planning Agency.

Congregate Housing – A type of age-restricted housing in which residents are offered certain support services, such as a common dining area, housekeeping services, an on-call nurse, a room for activities and/or similar services, but which does not include skilled nursing home care.

Construction - The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of mobile homes. 

Convenience Store - a store of less than 5,000 square feet in size where food and other retail goods are offered in conjunction with gasoline sales, where permitted, or a car wash as a single operation.

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D

Day Camp/Vacation School - A program of care and instruction, ancillary to a camp or to an existing use (such as a school, place of worship, club, etc.), and may also include off-site field trips. The program shall be limited to no more than eight (8) hours a day and limited to school vacation periods, and further limited to no more than four (4) weeks per summer and no more than six (6) weeks in a calendar year.  The  occupancy limits of the existing building/zoning permits shall remain in force and shall not be exceeded by an ancillary day camp/vacation school use. 

Day Care Facility - an establishment where seven (7) or more children or infirm adults are provided care for a portion of the day for compensation or other consideration. 

Density  -  A measure of the number of dwelling units and/or uses which occupy, or may occupy, an area of land.

Development - Any man-made change to improve real estate, including but not limited to buildings or other structures, the placement of mobile homes, streets, and other paving, utilities, filling, grading, excavation, mining, dredging, or drilling operations.

Directional Sign – A sign of not more than 6 square feet in sign area per face and not more than 4 faces that directs pedestrian and vehicular traffic at internal driveway intersections and aisles.

Distributed Antenna System – A network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area. A distributed antenna system may also known as DAS or Small Cell Tower.  

Distributed Antenna System Pole – A pole or other structure designed and permitted for the sole purpose of supporting the antenna(s) of a Distributed Antenna System.

Drive-In Business - A business establishment, building or structure where service is provided to a customer remaining in an automobile and where all or a significant portion of the consumption takes place or is designed to take place on-site but outside the confines of the building or structure.

Drive-Through Business – A business establishment, building or structure where service is provided to the customer from an automobile service window or device with access provided by a drive through lane incorporated into the site design.

Dwelling  -  A structure or portion thereof which is used exclusively for human habitation.

Dwelling, Multi-family - a building designed for occupancy of families living independently of each other, and containing three (3) or more dwelling units per building.  Multi-family dwelling structures shall include townhouses, garden apartments and other apartment housing types, including residential conversions.

Dwelling, Single-family - a detached building designed or occupied exclusively by one family and having two side yards, erected on a permanent foundation, with/without basement and equipped for year-round occupancy.

Dwelling, Two-family - a structure containing two dwelling units.

Dwelling Unit  -  One (1) or more rooms in a dwelling structure, including a kitchen, sleeping facilities, bath and toilet designed as a household unit for extended periods of occupancy for living and sleeping purposes by not more than one (1) family at a time.

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E

Essential Services - the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, communication, water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.  Notwithstanding this limitation, telephone booths, pump stations and similar facilities shall also be considered as essential service facilities.

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F

Family A group of individuals, not to exceed five unrelated persons, living together as a single, permanent and stable nonprofit housekeeping unit, using all rooms in the dwelling and housekeeping facilities in common and having such meals as they may eat at home generally prepared and eaten together with sharing of food, rent, utilities or other household expenses.

Flea Market  -  A sale of items of tangible personal property wherein, on one (1) location, there are multiple vendors occupying spaces allotted to each such vendor for the purpose of displaying and selling items of tangible personal property.

Floor Area - The floor surface area within the inside perimeter of the exterior walls of the building, including all floors and surface areas, exclusive of courts, without deduction for corridors, stairways, closets, interior walls, columns, garage space, basements, storage areas, mechanical spaces or other similar features.

Floor Area Ratio - The gross floor area of all buildings on a lot divided by the lot area.

Food Establishment - An establishment where food and/or drink is prepared, served and consumed primarily within the principal building.

Forestry Technician - A person with a minimum of a two-year college level degree in the subject of forestry, or arboriculture related to the management of "urban forests", or other similar forest management course of study, and who has a minimum of two years experience actively working in the field of forest management.

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G

Garage, Private  -  An enclosed or covered space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a non-resident of the premises.

Garage Sale  -  Includes but shall not be limited to lawn sales, attic sales, rummage sales and any similar casual sale of tangible personal property owned by person(s) which takes place on lands owned by said person holding the sale and which is advertised by any means whereby the public at large is or can be made aware of said sale. This section shall not apply to the sale of all or substantially all of  the contents of a home through an estate sale or similar sale or to the close out sale of a business.

Gasoline Service Station - A structure, building, or area of land or portion thereof that is used for the sale of gasoline and oil or any other motor vehicle fuel and/or other lubricating substance, which may or may not include facilities for lubricating, and sale of accessories, but not including the painting and/or body work thereof and other vehicle and equipment repair operations as defined by this Ordinance.  Any business or industry dispensing gasoline and servicing vehicles only for its own use will not be deemed to be a gasoline service station.

Golf Course - A tract of land for playing golf, improved with trees, greens, fairways, hazards, and which may include clubhouses and shag ranges;  but does not include miniature golf courses or golf driving ranges.

Greenhouse, Commercial - an enclosed structure of a permanent or temporary nature within which is conducted a commercial agricultural operation, generally the propagation of one or more horticultural species from seeds or cuttings to a stage fit for transplanting elsewhere or sale, including retail as well as wholesale operations.

Greenhouse, Private - A detached accessory structure or a structure attached to a principal structure or other accessory structure, that is typically constructed of metal or wood framework, and covered with glass or plastic, for private use.

Gross Floor Area The sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include uninhabitable or unfinished space.

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H

Hazardous Materials - Any material or combination of materials that due to ignitability, corrositivity, reactivity or toxicity poses a substantial danger, now or in the future, to human, plant, or animal life, and which, therefore, can not be handled or disposed of without special precautions including, but not limited to materials defined as hazardous by the United States Environmental Protection Agency.

Health Care Facility  -  Any land use or facility that is devoted to human health care and maintenance, including a medical clinic, whether offered in a residential setting or as day-treatment.

Home Gardening  -  The cultivation of herbs, fruits, flowers or vegetables on a piece of ground adjoining the dwelling, excluding the keeping of livestock, and permitting the sale of produce raised thereon.

Home Occupation  -  Home Occupation - Any use customarily conducted, to the extent that commercial activity is conducted on a home site, entirely within a dwelling or in a building accessory thereto providing that the use is clearly incidental and secondary to the use of the dwelling for dwelling purposes, the exterior appearance of the structure or premises is constructed and maintained as a residential dwelling, and no goods are publicly displayed on the premises other than signs as provided herein.

Hospital - An institution providing primary health services  and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

Hotel or Motel  -  A building containing rooms intended or designed to be used or which are used, rented, or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in any accessory building.

Hunting and Fishing Cabin - A building typically located on or in association with a large tract of land and which is used sporadically for shelter during hunting and fishing outings.

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I

Intensive Livestock Operation  -  The fattening or raising of beef cattle, hogs, poultry or other animals for the purposes of obtaining meat, eggs, or wool for marketing. Any livestock operation which involves the keeping of more than 100 beef cattle, 100 hogs, 100 sheep or 5000 poultry shall be considered intensive.

Inn – A building which contains a minimum of four (4) and a maximum of fourteen (14) bedrooms, each containing private bathroom facilities, used for providing overnight accommodations to the public.  An Inn may include a kitchen and dining room for the purpose of providing meals to guests and to the general public.  The operator must reside at the premises and the predominate atmosphere of the building and its grounds shall be residential and shall conform to the character of the surrounding neighborhood.

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J

Junk Yard  -  An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including but not limited to, waste paper, rags, metal, building materials, house furnishings, machines, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The outside storage or deposit  on a lot of two or more inoperable vehicles which do not have current licenses issued by the Pennsylvania Department of Transportation, shall be considered a junk yard. Agricultural vehicles such as tractors, mowers, etc. which are utilized as part of an active on-going farming operation and contractors construction equipment shall be exempt from this provision. Automobile sales lots managed by licensed automobile dealers and storage areas for antique autos shall be also exempt from this provision.

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K

Kennel  -  The keeping of four (4) or more dogs, that are more than six (6) months of age or an establishment for the boarding or commercial breeding of dogs, cats, and/or other household pets.

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L

Large Hotels, Motels, Inns and Resorts  -  A building or series of buildings under one ownership containing not fewer than one (100) hundred sleeping units each containing private bathroom facilities and each held and available for the lodging of tourists or convention guests. (See Section 413 of this Zoning Ordinance.)

Light Manufacturing  -  Industries involving generally  unobtrusive processes. These would include research, engineering or testing laboratories, assembly from components, fabrication of models, textiles and clothing manufacturing, warehousing, distribution centers, wood products industries, etc.

Lot  -  Land occupied or to be occupied by a building and its accessory buildings, or by a dwelling group and its accessory buildings, together with such open spaces as are required under the provisions of this Ordinance, having not less than the minimum area and width required by this Ordinance for a lot in the district which such land is situated, and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition of the issuance of a zoning permit for a building on such land.

Lot Area  -  The area contained within the property lines of the individual parcels of land contained on a map or plan, excluding any area within an interior private road, subdivision right-of-way, or public road or highway, but including the area of any easement designed for any other purpose.

Lot Coverage  -  That portion or percentage of the lot area which is covered by buildings, parking areas, driveways or other impervious surfaces.  For purposes of this definition, all parking areas, driveways or similar installations will be considered to be impervious regardless of the material used to construct them.

Lot  Width  -  The average of the width of a lot at the building setback line and rear of the property.

Low Impact Retail and Service Establishment - a retail or service establishment primarily intended to serve local area residents rather than the traveling public, having no more than 5,000 square feet of gross floor area, generating no more than 500 trip ends per day of traffic on a State highway (or 300 trip ends per day on a Township highway) as determined using the latest Institute of Transportation Engineers data, employing no more than five (5) on-site employees per shift and operating no more than fourteen (14) hours per day.

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M

Manufactured and Modular Housing  -  Any housing or portion  of a house which is manufactured off-site and is exempt from the Dingman Township Building Code, and is pursuant to State and/or Federal Regulations. All other structures shall be considered "stick-built."

Manufactured Housing Park  -  A parcel of land under single ownership which has been planned and improved for the placement of two (2) or more mobile homes for non-transient use.  Manufactured Housing Parks are commonly referred to as Mobile Home Parks.

Manufactured Housing Unit  -  A transportable, single-family dwelling intended for permanent occupancy, office or place of assembly contained in one unit, or in two units designed to be joined into one integral  unit  capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations.  This shall include double-wide trailers but exclude homes of modular construction not designed to be moved after erection.  Manufactured Housing Units are commonly referred to as Mobile Homes.

Master Signage Plan – A plan submitted by the owner or owners of multiple properties or uses, under conditional use procedures, to allow pre-approval of all future signage on such properties.  A master signage plan shall specify the materials, location, dimensions, type, design and number of all signs to be erected on the property now or in the future. Such plans shall be prepared by a landscape architect, architect, sign designer, engineer or other qualified professional.  These plans shall be adopted by the property owners, who shall agree that all signs to be constructed by them or any of their tenants or occupants now or in the future shall comply with the standards therein.

Medical Clinic - An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.

Minor Day Care Uses – a use secondary to a single family residence use or commercial business use, enrolling fewer than seven (7) children or infirm adults for a portion of the day in a supervised program where tuition, fees, or other compensation or consideration is charged for the care of these individuals.

Minor Natural Resource Use - Natural Resource Uses of the following size and scale shall be considered minor and the set backs requirements shall be the same as for a single family dwelling. A natural resource use with an open face of twenty-five thousand (25,000) square feet or less and which will not result in a total disturbed area of forty three thousand five hundred sixty (43,560) square feet over the life of the site, and which does not involve the on-site use of any processing or manufacturing equipment.

The percentage of the lot that can be disturbed for resource removal shall be not greater than the lot coverage percentage for a single family dwelling: the lot or parcel shall be not greater than one acre; the duration the removal process shall not exceed one hundred and eighty (180) days; no other natural resource use projects can exist within 100 feet in any direction of the subject site measured from any lot line; no blasting may occur; a bond must be posted with the Township in the amount  set by the Township for purposes of securing reclamation.

Model Home  -  A residential structure associated with a lawful commercial use and not intended for permanent occupancy and used solely for demonstration purposes to inform potential purchasers of the types of homes available from the seller, including manufactured and stick-built homes.

Motor Vehicle Sales and Service - An establishment engaged in the service and/or repair of any motor vehicle as its principal use, including but not limited to auto body shops, repair garages, truck repair garages, agricultural equipment repair, boat repair, and small engine repair.

Municipal Park or Playground - a public park or playground owned or operated by Dingman Township.

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N

Natural Resource Use  -  The mining, extraction, removal or recovery by any means whatsoever (including, but not limited to open excavations and quarries, and subsurface mining) of soil, rock, minerals, mineral substances or organic substances other than vegetation, from water, land, on or beneath the surface thereof; said substances including but not limited to coal, limestone, shale, dolomite, sandstone, sand, clay, gravel, rock, stone, earth, ore, peat, soil, or other mineral. This definition shall not apply to the removal of materials in preparing a site for another use that is authorized by an issued zoning permit (such as, by way of example only, excavation for a foundation, removal of soil to install a driveway, clearing of a lot for the purpose of building construction).

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 the premises, in excess of those normally associated with residential use

Non-Conforming Use  -  A use, whether of land or of a structure, which does not comply with the applicable use provisions in this Ordinance or amendments heretofore or hereinafter enacted, where such use was lawfully in existence prior to the enactment of this Ordinance or amendment to its location by reason of annexation. Such non-conforming uses include, but are not limited to, non-conforming signs and other structures.

Nurseries, Commercial - A commercial operation where trees and shrubs are grown for transplanting, for use as stocks for budding and grafting, or for wholesale sale, excluding garden centers or other retail sales.

Nursing Facility  -  Any dwelling where persons are housed or lodged and furnished with meals and nursing care for hire.

Nursing Home – A facility licensed by the Commonwealth for the housing and intermediate or fully skilled nursing care.

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O

Obstruction - any wall, dam, wharf, embankment, levee, dike, pike, abutment, projection, excavation, channel, rectification, culvert, building, fence, stockpile, refuse, fill, structure, or matter in,, along, across, or projecting into any channel, watercourse, or flood prone area, which may impede, retard, or change the direction of the flow of water either in itself or by catching or collecting debris carried by such water or is placed where the flow of the water might carry the same downstream to damage of life and property.

Off-Site Sewage Disposal  - A sanitary sewage collection system in which sewage is carried from individual lot or dwelling units by a system of pipes to a central treatment and disposal system which may be publicly or privately owned and operated. A system designed to serve a two-family dwelling or two dwelling units located on the same property or adjacent properties shall not be considered as off-site sewerage and in such a case all development standards will apply the same for each dwelling or unit as any single-family unit.

On-Site Sewage Disposal  -  A single system of piping, tanks or other facilities serving only a single lot and disposing of sewage in whole or in part into the soil.

Open Face  -  That area of a natural resource use where the extraction or removal of said natural resource is underway; and including any area of the property which has not been fully reclaimed and rehabilitated following resource removal in accord with this Ordinance and applicable Pennsylvania Department of Environmental Protection requirements.

Open Space  -  An unoccupied space open to the sky on the same lot with the building.

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P

Permanent Foundation  -  A cement, concrete, treated wood or cinder block walled foundation erected on a poured concrete footer. A soil concrete slab will also be considered a permanent foundation.

Person - Any individual, partnership, firm, business, or similar entity, public or private agency, municipality, city, State or Federal agency.

Plat  -  A map, plan or layout of a subdivision indicating the location and boundaries of individual properties.

Profession  -  Indicates any occupation or vocation in which a professed knowledge of some department of science or learning is used by its practical application to the affairs of others, either advising, guiding, or teaching them; or in serving their interest or welfare in the practice of an art founded on it. The word implies attainments in professional knowledge as distinguished from mere skill and the application of such knowledge to uses for others as a vocation. It requires knowledge of an advanced type in a given field of science or instruction and study.

Professional Forester - A person certified as a Forester in accordance with the requirements of the Society of American Foresters (SAF).

Professional Office - The office of a member of a recognized profession maintained for the conduct of that profession.

Public Parks and Playgrounds -  an area of land, owned and operated by a municipal, county, state or federal governmental body, agency or department, either maintained in its natural state or laid with walks, drives, playgrounds or similar facilities for the purpose of recreation for the general public.

Public Recreation - Parks, swimming pools, playgrounds, tennis courts, and other recreational facilities owned and operated by the Township, County, school district, state, or federal government.

Public Recreational Facility - Outdoor or indoor areas or structures, operated by private commercial entities open to the public, which may contain entertainment and amusement devices or attractions, including but not limited to picnic groves, animal farms, zoological parks, tennis and racquetball courts, ski areas, miniature golf courses, golf driving ranges and the like, but excluding golf courses, theaters, public parks and playgrounds.

Public and Semi-Public Uses - any structure or use that is owned or operated  by a municipality or organization appointed by a municipal governing body or by a nonprofit organization; provided that such structure or use fulfills a community need or provides a public service; including but not limited to municipal buildings and facilities, public schools, public libraries and volunteer fire and ambulance facilities provided that such use is not otherwise defined in this ordinance.

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Q

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R

Recreational Vehicle  - a transportable or vehicular type of unit initially designed as temporary living quarters for recreational camping or travel use that does not require a special highway moving permit when transported which either has its own motive of power or is mounted on or drawn by another vehicle.  The types of recreation vehicles or units are:

A. Travel Trailers - A vehicular unit, mounted on wheels, designed and constructed to provide temporary living quarters for recreational, camping, or travel use, and not larger than than 12 feet wide and four hundred (400) square feet in area when used for camping (in set up mode).        

B. Truck Camper - A portable unit, designed to be loaded onto, or affixed to, the bed or chassis of a truck and constructed to provide temporary living quarters for recreational, camping or travel use and not larger than 400 square feet.        

C. Motor Homes - A vehicular unit built on a self-propelled motor vehicle chassis, designed to provide temporary living quarters for recreation, camping or travel use and not larger than 400 square feet. All such vehicles in use for camping shall have a current state license, inspection sticker and registration and be titled in the name of the current owner.

D. Camper Trailer - A vehicular unit mounted on wheels and constructed with collapsible partial side walls which fold for towing by another vehicle and unfold at the campsite and designed to provide temporary living quarters for recreational, camping or travel use and not larger than 400 square feet.        

E. Tent - A movable shelter made of canvas or other similar material and supported by a pole or poles and designed and manufactured to provide temporary living quarters for recreational and camping use.        

F. Self-Contained Unit - A unit that can operate independent of connections to external sewer, water and electrical systems; has a toilet and holding tank for liquid waste; contains water storage facilities; and may contain a lavatory, kitchen sink and/or both bath facilities connected to the holding tank and of a size not greater than 400 square feet. 

Recreational Vehicle Pad - A designated and defined area on a recreational vehicle park lot for the placement of recreational vehicles that are intended to be moved on and off the property on a frequent basis.

Recreational Vehicle Park - The division or re-division 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, sale or transfer of ownership, lease or sale of membership, for the purpose of providing a site for travel trailers, truck campers, camper trailers, motor homes and tents where the primary use is camping. Lands so subdivided shall be called "campsites" and shall be restricted as regulated by the Dingman Township Subdivision and Land Development Ordinance.

Remuneration - Compensation, money, rent, or other bargained for consideration given in return for occupancy, possession, or use of residential real property.

Residence Connected to Other Permitted Use - a dwelling constructed within the same structure or on the same property as another Principal Permitted, Conditional or Special Exception use, where the lot area meets the combined requirements for the dwelling and the other permitted use and provided that the residential floor area does not exceed that of the other permitted use.

Residential Conversion - conversion of an existing single-family detached dwelling into not more than four (4) apartment dwelling units.

Residential Property or Housing Unit - Any single- or multiple-family dwelling units, duplexes, guesthouses, caretaker units, apartment, recreational vehicle or other dwelling unit or structure located on one or more contiguous lots of record in any of the zoning districts which allow residential uses.

Residential Subdivision Facility or Amenity - a recreational area, recreational facility or other physical improvement established as part of a subdivision and land development plan and primarily intended to serve the residents of such subdivision and land development.

Retail Service Establishment Designed to Serve the Immediate Area - A retail store or service establishment as defined by this Ordinance, but limited to a total gross floor area of not more than one thousand five hundred (1,500) square feet.

Retail Store - An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods, and which is not otherwise listed as a use in the Schedule of Uses.

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S

Sales and Service of Equipment - the use of any building, land area or other premise for the display and sale of new and used construction, farm, recreational or other equipment including any warrantee repair work and other repair service.

Screen Planting  -  A vegetative material of sufficient height and density to conceal from view of property owners in adjoining residential districts the structures and uses on the premises on which the screen planting is located. The material shall be placed immediately and be approved by the Supervisors utilizing the criteria of sections 404 and 410.

Self-Storage Facilities - Any structure designed or intended to accommodate the storage, for a fee, of personal articles of two or more people, not residing on the site. Multiple occupant garages and warehouses for commercial entities shall not be considered self-storage facilities.

Services, Essential  -  Uses, not enclosed within a building, necessary for the preservation of the public health and safety including but not limited to the erection, construction, alteration, or maintenance of, by public utilities or governmental agencies, underground or overhead transmission systems, poles, wires, pipes, cables, fire alarm boxes, hydrants, or other similar equipment.

School Bus Shelter - see "Bus Shelter".

Service Establishment - an establishment engaged in providing commercial services to the general public including but not limited to a beauty, barber and other personal service shop, dry cleaning service or laundromat.

Shooting Facility - A commercial operation involving the discharge of firearms as a recreational activity including, but not limited to, the hunting of animals, target shooting, trap shooting and skeet shooting.

Shopping Center / Mall  -  any commercial structure and group of structures collectively involving more than 10,000 square feet of floor area on a single parcel or group of adjacent parcels developed concurrently including those designed for occupancy by multiple retail tenants as well as large single-occupancy stores including those offering multiple services (e.g. supermarkets, home centers, retail superstores and warehouse clubs).

Sign  -  Any device for visual communication located on the outside of a building or out of doors that is used for purposes of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any government or government agency, or of any civic, charitable, religious, patriotic, or similar organization.

Special Exception  -  A "special exception" deals with special permission, granted only by the Zoning Hearing Board, to occupy land for specified purposes when such use is not permitted by right.

Specialty Shop - a retail and service establishment specializing in specific types of foods or other products and services, or combinations of products and services, including but not limited to a bakery and coffee shop, butcher shop, delicatessen, fish store or photographic studio.

Stable, Private  -  A building or structure of durable construction, permanently affixed to the ground used for the boarding, sheltering or housing of horses, but not for hire, remuneration or sale.

Stable, Public  -  A building or structure (as defined above) involving the keeping of horses for hire, remuneration or sale.

Stick-Built  -  Any construction which is neither manufactured housing nor modular housing as defined in this ordinance.

Structure  -  Anything constructed or erected on the ground or attached to the ground including, but not limited to, buildings, sheds, mobile homes, and other similar items.

Subdivision  -  The division 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 transfer of ownership or building or lot development, provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or residential dwellings be exempted.

Substantial Improvement - A modification, alteration, reconstruction, or improvement of any kind to an existing structure, to an extent or amount of fifty (50) percent or more of its market value.

Supermarket - A large, self-service, retail store serving a relatively large geographical area (in contrast to a  "convenience store") that is designed and stocked to sell a wide variety of food, beverages, and household supplies to customers who typically purchase larger quantities of products than would be purchased at a convenience store.

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T

Theater - A building or room, or outdoor facility, for the presentation of plays, films, or other dramatic performances, or music.

Timber Harvesting - The operation of timber tracts, tree farms, and the gathering of forest products, but excluding sawmills and other wood manufacturing businesses.

Townhouse - A single-family dwelling unit constructed in a group of three (3) or more attached units in which each unit extends from foundation to roof and with a yard or public way on at least two (2) sides.  A combination of three (3) or more townhouses as a single building project shall be considered a multi-family dwelling project.

Tourist Recreational Facility  -  A recreational facility designed to accommodate overnight stays in permanently built dwelling units in combination with a variety of generally passive recreational opportunities such as golf, hiking, swimming, etc. not including campgrounds, canoe rentals, access sites, etc.

Transient - Except as provided herein, a period of time not less than seven (7) nor more than thirty (30) consecutive calendar days.

Transient Use of Residential Property - The use, by any person, of residential property or housing unit for a bed and breakfast, hostel, hotel, inn, lodging, motel, resort, recreational vehicle or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession, or tenancy is, except as provided herein, for not less than seven (7) nor more than thirty (30) consecutive calendar days.

Tract Area (Mixed-Use Project) – The net acreage of the property intended for mixed-use project development after deducting 80% of FEMA-designated FEMA-designated 100-year floodplain areas, 60% of all wetlands, 50% of natural slopes over 25% and all areas contained within public road rights-of-ways and utility placement areas.

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U

Undertaking Establishment - 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.  Where a funeral parlor is permitted , a funeral chapel shall also be permitted.

Use  -  The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include a non-conforming use.

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V

Variance  -  The permission granted by the Zoning Hearing Board, following a public hearing that has been properly advertised as required by the appropriate municipal code, for an adjustment to some regulation which if strictly adhered to would result in an unnecessary hardship, and where the permission granted would not be contrary to the public interest and would maintain the spirit and original intent of the ordinance.

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W

Warehouse, Contractor - A building used primarily for the inside storage of goods and materials used by a contractor or other goods and services provider, not including a terminal warehouse and not excluding the incidental storage of items for re-sale

 

       Warehouse, Public - A building of no more than 20,000 square feet in floor area used primarily for the inside temporary storage of goods and materials by the general public, including businesses storing goods for re-sale, for a fee, not including a terminal warehouse.

 

       Warehouse, Terminal - A building of no more than 40,000 square feet in size, with direct access to Route 6, used as a distribution or terminal facility for handling freight, excluding the fueling or maintenance of vehicles other than equipment used at the site for loading and unloading.

Wholesale Business - An establishment or place of business primarily engaged in selling merchandise to retailers;  to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

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X

 

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Y

Yard, Front  -  An open unoccupied space on the same lot with a main building, extending the full width of the  building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. Covered porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.

Yard, Rear  -  An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot and the rear line of the building. A building shall not extend into a required rear yard.

Yard, Side  -  An open unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. A building shall not extend into the required side yards.

 

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Z

 

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