Norbaineme
‘use of buildings,
THE POST, FRIDAY, NOVEMBER 5,
1948
__ PAGE SEVEN
Legal—
"AN ORDINANCE
Regulating the location, con-
struction and use of buildings,
the size and width of lots and
streets, and the use of land in
the Borough of Dallas; pro-
viding for the enforcement of
said regulations; and prescrib-
ing penalties for violation of
the same.
BE IT ENACTED AND ORDAIN-
ED by the borough of Dallas in
council assembled, and it is here-
by enacted and ordained by auth-
ority of the same, that in pursu-
ance of an Act of the General
Assembly of the Commonwealth of
Pennsylvania approved the 10th
day of July 1947 empowering
Boroughs to regulate and restrict
the height, number of stories, and
‘size of buildings and other struc-
tures, their construction, alteration,
extension, repair, maintenance, and
all facilities and services in or about
such buildings and structures and
percentage of lot that may be occu-
pied, the size of yards, courts and
other such open spaces, the density
of population, and the location and
structures and
land for trade, industry, residence
or other purposes, and to estab-
lish and maintain building lines
upon public streets, the Borough
of Dallas is divided into districts
as hereinafter described; and no
building shall hereafter be erected
reconstructed, altered or used, or
any land used in either of said
districts except in conformity with
the regulations herein contained;
PROVIDED, however, that no reg-
ulation herein contained shall be
construed as applying to any build-
ing which is now erected or used,
‘or is in the course of erection at
the time of the approval of this or-
dinance, unless otherwise specifi-
cally provided herein.
SECTION 1. SHORT TITLE. This
ordinance shall be known as the
ZONING ORDINANCE.
SECTION 2. DEFINITIONS. Cer-
tain words and terms used in this
ordinance are defined for the pur-
pose thereof as follows:
A building or structure is any-
_ thing erected or constructed,
the use of which demands a
location on the soil or attach-
ment to something located on
the soil,
A dwelling is any house or
budding or portion thereof
which is occupied in whole or
in part as the home, residence
or. sleeping place of one or
more human beings, either per-
manently or transiently.
A garage is any structure or
part thereof in which one or
more motor vehicles are
housed, kept or repaired, not
including exhibition or show
rooms or storage of new cars
for sale. A private garage is a
garage not designed for the use
of transients or for the accom-
modation of the traveling pub-
lic and not containing power-
driven machinery for repair
work. A community garage
is a group of garages, not more
than one story in height, divi-
ded into stalls for single motor
vehicles, arranged in rows or
‘surrounding a common means
of access and erected for the
use of tenants. A public garage
is any garage not a private or
community garage. A detached
garage is one not attached to
any building or dwelling and
erected at a distance there-
from.
The word street includes all
lands established by dedica-
tion, ordinance, or council,
user, or laid out upon the Bor-
ough plan of highways, or up-
on plots or plans of existing
or proposed developments, and
shall be synonomous with
‘roads,’ ‘avenues,’ ‘highways,’
‘parkways,” or other terms
commonly applied to public
highways.
An ‘alley’ is a highway for
pedestrians or vehicular traffic
of a width of twenty (20) feet
or less.
The term ‘street line” means
the line dividing the street
from private property. The term
‘street width’ or ‘width of
street’ means the distance be-
tween the street lines meas-
ured at right angles to the
center line of the street.
The ‘building line’ is the line
beyond which no enclosed
building or enclosed portion
of any building may extend.
CLASSIFICATION
SECTION 3. USE DISTRICT CLASS-
IFICATION AND REGULATIONS.
For the purpose of regulating the
location and use of buildings, struc-
tures and land for residence, trade
industry and other purposes, the
Borough is hereby divided into
two (2) districts, which shall be
known as
RESIDENTIAL DISTRICTS
RESIDENTIAL AND COMMERCIAL
DISTRICTS.
SECTION 4. In RESIDENTIAL DIS-
TRICT® no structure shall be erect-
ed or used and no land shall be
used, except as otherwise herein
provided, for other than one or
more of the following uses or for
purposes necessarily or ordinarily
accessory to such uses:
Dwellings (either one or two)
family; Clubs; Social, Recrea-
tional and Community Center
buildings (except those the
chief activity of which is car-
ried on as a business); Church-
es; Schools, Libraries and Mu-
seums; Private and community
garages.
SECTION 5. In RESIDENTIAL and
COMMERCIAL Districts no struc-
ture shall be erected or used and
no land shall be used for other
than one or more of the following
uses or for purposes necessarily
or ordinarily accessory to such
uses:
All uses permitted in RESIDEN-
TIAL DISTRICTS. Farming, Gard-
ening, Green Houses; Nurseries,
Railroad Passenger Stations;
Freight Stations; Bus Terminals;
Garages, Service Stations, Grist
Mills, Wholesale and Retail ‘Stores
and Markets; Warehouses, Milk
Dairies, Theatres; Motion Picture
Houses, Multiple Dwellings.
SECTION 6. PROHIBITED USES.
In RESIDENTIAL DISTRICTS and
RESIDENTIAL AND COMMERCIAL
DISTRICTS, structures and land
may be used for the purposes set
forth in Sections 4 nd 5 hereof,
and the following uses are pro-
hibited:
The manufacture of chemicals
or substances of any sort which
may cause or omit odor, dust,
smoke, gas, vibration or noise; .
abbatoirs; slaughter houses;
blast furnaces; rolling mills;
smelters; coke ovens; fish
smoking or curing; storing or
baling of junk, scrap; metal,
rags, waste paper, rubber or
waste; the manufacture or
storage of gunpowder, fire
works or other explosives or
explosive substances; the in-
cineration, reduction or stor-
age of garbage, offal, dead ani-
mals or refuse; the refining of
petroleum and manufacture of
petroleum products in excess of
an amount necessary for use
on the premises; the manufac-
ture rendering or refining of
fats, soap, tallow, greases or
lard; the manufacture or re-
fining of asphalt; iron or steel
factory; the tanning, curing or
storing of raw hides, skins,
leather or hair; the refining of
potash; the manufacture of dis-
infectants or insecticides; the
manufacture of gasoline or its
storage in excess of an amount
necessary for use on the prem-
wises or for supplying. retail
trade at service stations; auto-
mobile wrecking yards; black-
smith or horseshoeing shops;
carpet or bag-cleaning establish-
ment; contractor’s plant; dye-
ing or cleaning establishment;
lumber yards; stone or monu-
ment works; Storege ware- _
houses.
SECTION 7. GENERAL USE REG-
ULATIONS AND EXCEPTIONS. Any
lawful use of a building or land
existing in any district at the time
of the adoption of these regula-
tions, although such use does not
conform to the provisions hereof,
may be continued therein or there-
on; provided, that no building or
premises shall be extended or en-
larged unless the use to which it
is to be put shall conform to the
use permitted in the district. Any
building vacant at the time of the
adoption of these regulations shall
be used only as permitted in the
district in which the same is loca-
ted.
In the district where the same
are permitted, gasoline service sta-
tions may be established or ex-
tended and enlarged; provided that
no portion of the same or any of
the equipment for service is placed
nearer than twenty (20) feet to
the street line nor closer to other
buildings than permitted by the
fire laws of the Borough.
In the districts where the same
are permitted, public garages may
be established, erected or enlarged;
provided, that no repair facilities
are maintained in the front portion
of the building within twenty (20)
feet of the street line; that no por-
tion of the building is within twen-
ty (20) feet of the street line and
the selling facilities and equipment
are kept. within the walls of the
building; that the said building is
within the area bounded by two
streets within which there is, at
the time, no public or parochial
school, playground, hospital, church
or public library.
No permit for the establish-
ment, extension or enlargment
of any public garage or gaso-
line station shall be granted
unless there is filed with the
application for such permit the
written consent of not less
than seventy-five per cent.
(75%) of the owners of oc-
cupied property within two
hundred (200) feet of the pro-
posed structure.
Billboards or signs, or structures
intended for advertising purposes,
shall not be permitted in any dis- |
trict of the Borough, either as ac-
cessory use or otherwise, except
that “for rent” and “for sale’ signs
not exceeding eight (8) feet square
in area, and signs indicating the
name and occupation of the tenant
and not exceeding one (1) square
foot in area may be permitted as
accessories.
No solid fence exceeding three
(3) feet in height shall be permit-
ted in either district, nor between
buildings or lots used for dwelling
purposes. Open or ornamental
fences may be erected to a height
not exceeding eight (8) feet pro-
vided that the rate of the solid
portion to the open portion shall
not exceed one to four.
SECTION 8 AREA REGULATIONS.
IN RESIDENTIAL DISTRICTS no
dwelling or structure shall here-
after be erected on any lot with a
frontage of less than fifty (50) feet.
(This provision applies to those
sections of the Borough which are
already laid out into building lots
and wherein dwellings have been
erected on the lots as plotted).
Whenever new plots or develop-
ments are to be made or laid out,
the size of the lots for building
purposes shall be not less than six-
ty (60) feet, and no dwelling or
structure shall thereafter be erected
on any lot having a frontage on any
street of less than sixty (60) feet.
No - building shall be erected
nearer than ten (10) feet to the
line dividing the lot whereon the
same is erected and the adjoining
lot; and no detailed garage shall
be erected nearer than sixty (60)
feet to the street line. On corner
lots buildings and garages shall not
be erected nearer than ten (10)
feet to the cross street, the build-
ing line hereinafter stipulated to
prevail.
In RESIDENTIAL DISTRICTS no
dwelling shall be erected on any
lot nearer than thirty (30) feet to
the street line, except that on
streets where dwellings and struc-
tures have already been erected,
the present buildings line shall be
maintained in the erection of new
dwellings of structure or additions
and extensions to existing buildings.
SECTION 9. GENERAL RESTRIC-
TIONS AND REGULATIONS. No
dwelling or other structure shall
hereafter be erected, altered or
extended unless a septic tank or
sump shall be installed for the dis-
posal of sewage therefrom.
The character of the septic
tank or sump, and the location
thereof, shall first be approved
by the President of the Board
of Health of the Borough, who
shall examine the premises and
shall, by permit, issued to the
owner or builder, signify his
approvals of the same. 3
No excavation for building pur-
poses shall hereafter be made,
nor shall any building or structure
of any kind be commenced, erected,
altered or changed, unless there
shall have first been obtained from
the Building Inspector a permit in
accordance with the provisions of
an Ordinance of the Borough duly
adopted on February 11th., 1930,
which said Ordinance is hereby re-
ferred to and thereby, for such pur-
pose, made a part of this Ordin-
ance.
In all districts of the Borough
the fire laws, as defined by the
Ordinance of February 11, 1930,
shall be observed and maintained,
and violation thereof shall be
punished as provided in said Or-
dinance.
SECTION 10. AMENDMENTS
AND CHANGES. The Council may,
on its own initiative or on petition,
amend, supplement, change, modify
or repeal any of the regulations, re-
strictions or district boundaries
herein or hereinafter established.
In case, however, of a protest
against such change, signed by the
owners of twenty per cent, or more,
either of the area of the lots in-
cluded in such proposed change or
of those immediately adjacent in
the rear thereof extending one hun-
dred feet therefrom, or of those
directly opposite thereto, extending
one hundred feet from the street
frontage of such opposite lots, such
amendment shall not become effec-
tive except by the favorable vote
of three-fourths of all of the mem-
bers of the Council. No action for
the change, amendment, modifica-
tion or repeal of any of the pro-
visions of this ordinance, and the
regulations and restrictions herein
contained, shall be taken until after
hearing in relation thereto, at
which parties in interest and citi-
zens shall have an opportunity to
be heard, and no such hearing shall
be held except after at least fifteen
(15) days’ notice of the time and
place of such hearing shall have
been given in a paper of general
circulation in the Borough.
SECTION 11. ZONES, The fol-
owing streets and parts of streets,
lane and alleys shall be included
in RESIDENTIAL DISTRICTS:
Center Hill road; all streets
in the Friedman and Dattner
Plot, known as “Fairview’’;
Machell Avenue; Lehman Ave-
nue; Spring Street; Pinecrest
Avenue; North Terrace Street;
East Terrace Street; all streets
in what is known as “Parrish
Heights;” all streets in the
“Wallo Plot,” Huntsville St.;
Franklin St.; Baldwin St.; Par-
sonage St.; Cemetery St.;
Pioneer ave.; all streets in the
plot of “Dale Ralty Co.”, known
as “Birndale”, all streets in the
plot of Sterling Machell; Lake
Street from the Richardson
Garage to Center Hill Road.
The following streets and parts
of streets, lanes and alleys shall be
included in RESIDENTIAL AND
COMMERCIAL DISTRICTS:
Main Street; Lake Street from
the State Highway to Richard-
son’s Garage; Church Street to
the Brown Residence; Mill
Street; and the State Highway
leading from Dallas to Harvey's
Lake.
SECTION 12. BOARD OF AD-
JUSTMENT: A Board of Adjust-
ment is hereby established. The
board shall consist of three mem-
bers, one of whom shall be ‘desig-
nated to serve until the first day
of January following the adoption
of this ordinance, one until the
first day of the second January
thereafter, and one until the first
day of the third January there-
after. Their successors shall be ap-
pointed on the expiration of their
respective terms, to serve three
years. The members of the board
shall be removable for cause by
the appointing authority upon writ-
ten charges and after public hear-
ing. Vacancies shall be filled for
the unexpired term of any member
whose term becomes vacant.
The board shall have such
duties, rights and powers as are
specifically outlined in the Act of
Assembly of July 10, 1947 above
referred to, and shall, in the per-
formance of its duties and powers,
proceed under the provisions of
said act and any supplements there-
to.
SECTION 13. REMEDIES. In case
any building or structure is erected,
constructed or reconstructed, alter-
ed, repaired, converted or main-
tained, or any building, structure’
or land is used in violation of the
provisions of this Ordinance or
amendments thereto, or in viola-
tion of any of the regulations made
under authority of this ordinance,
the Borough may institute appro-
priate action or proceedings to pre-
vent such unlawful erection, con-
struction, reconstruction, alteration,
repair, conversion, maintenance or
use, to prevent, restrict and re-
strain, correct or abate such viola-
tion, to prevent the occupancy of
said building, structure or land, or
to prevent any illegal act or use in |
or about the said premises.
SECTION 14. PENALTIES FOR
VIOLATION. Any person, firm or
corporation violating any of the
provisions of his Ordinance shall,
upon conviction thereof, be fined
not to exceed One Hundred ($100.-
00) Dollars for any one offense,
recoverable with costs, together
with judgment, or imprisonment
not exceeding thirty (30) days if
the amount of said judgment and
costs be not paid. Each day such
a violation is permitted shall con-
stitute a separate offense.
ENACTED AND ORDAINED at
a regular meeting of the Borough
Council of the Borough of Dallas,
held on the 7th day of April, 1948.
JOSEPH H. MacVEIGH,
President of Council
ATTEST:
J. F. BESECKER,
Secretary of Council.
APPROVED this 30th day of Oc-
tober, 1948.
GEORGE W. WILLIAMS,
Burgess
Don't sell your antiques before
calling LEIDINGER'S., Rifles,
Revolvers, Guns, Furniture,
Glass, Silver and Coins. En-
tire Estates Bought.
LEIDINGER’S
117 S. Washington St.
Wilkes-Barre, Pa.—Phone 3-9459
IN ONE-POUND CANS
Guaranteed Fresh
PEANUT BRITTLE
CASHEW BRITTLE
ALMOND BRITTLE
Evans Drug Store
Shavertown
WEST SIDE
BUILDING MATERIAL CO.
G. HOWARD LEWIS, Prop.
Plasterer and Mason Materials
Brick—All Kinds
Calcium Chloride
“‘Heatilator™ Fireplaces
Septic Tanks— Drain Tile
Sewer Pipe—Flue Lining
Roofing—Insulation
Steel Windows
“Everything But Lumber”
DIAL KINGSTON 7-1312
262 Union Street, Luzerne
Arthritis Pain
For quick, ip gomiofting help for
aches and pains of atism, Arthritis,
Neuritis, Lumbago, anon Cr a ay
Romind, Works through the blood. First hy
usually starts alleviating pain se you can
in enjoy life and Sletp mon more comfortably.
Get Romind at druggist today. Quick, com-
plete satisfaction or money back guaranteed.
a
TACIT
SAE Harms EE TN A ET rh Ve
ETI ET
YOUR NAME PRINTED
ON EACH CHECK
*NO REQUIRED BALANCE
+NB CHARGE FOR DEPOSITS
OPEN YOUR ACCOUNT
WITH ANY AMOUNT AT
ANY TELLERS WINDOW IN
9,
WYOMING NATIONA
OF WILKES-BARRE
L BANK
114 YEARS OF BANKING SUCCESS AT
Corner Markst & Franklin Streets
Member Fed. Deposit Insurance Corp'n.
40 QT. MILK CANS $9.75
‘12 QT. MILK STRAINERS... 1.98
MILK FILTER DISCS
6%"—79; 7°—.89; 8°—$1.35
DAIRY RATION
17%; Protein Lb. 0x $3.65
20% Protein... ll] 3.75
24% Protein’ . a... .in 3.90
Cracked ‘Corn ..........: $3.80
Corn: Meal... Lx 3.80
Laying: Mash... ol 4.15
Scratch Grain’... 5... 4.05
Delivered
AT YOUR DOOR
BROWN an
FERNBROOK, PA.
d FASSETT
PHONE DALLAS 330-R-2
The PERMA SEPTIC TANK
Made of
Reinforced
Concrete
Manufactured by
C. E. GERMAN & SON
74 DILLEY STREET, FORTY FORT, PENNA.
For Information Call Your
LOCAL SUPPLY DEALER or KINGSTON 7-5348
BACKACHE
‘Por quick comforting help for Backache,
Rheumatic Pains, Getting Up Nights, strong
cloudy urine, irritating passages, Leg Pains,
circles under eyes, and swollen ankles, due
to non-organic and non~systemic Kidney and
Bladder troubles, try Cystex. Quick, complete
satisfaction or money back guaranteed. Ask
your druggist for Cystex today.
INL
el FIRST
1X0
(X0) |
BEhg 00)
GET
Lf flty
| vocto know that your cows have 3
UNIFORM MILKING... EVERY DAY! 3
There are many kinds of
milking—hand and machine
. « « but there is only one
“magnetic” milker — the
De Laval Magnetic Speedway
« « o that assures uniform,
fast and regular milking at
all times. It is a wonderful
feeling to know that your
cows are being milked in the
same uniform, correct way
day after day. And the re-
sults of De Laval Magnetic
Speedway fast, uniform milk-
ing are wonderful, too. Why
not talk it over with us today?
John Deere Quality
Farm Equipment & Service
SHICKSHINNY, PA.
Phone: Muhlenburg 9-R-716
RURAL SUPPLY CO.
Muhlenburg-Harveyville Road
BULNT OL 4 RirUgp
7 buaranoed by %
hors Jovoamso Eg
NEE
made fo operate
Survey today.
(=<1>mx
SHAVERTOWN,
Good Housekeeping
’YORK-H EAT SYSTE MS
can't be beat
Buy automatic York-Heat in a complete oil-heat-
ing "package’—a handsome, self-contained unit
'. . . made by one famous manufacturer . . .
economically and efficiently. ®
York-Heat Systems are available for immediate
installation with hot water, steam, vapor or warm
air hesting systems. Let us make a FREE Heating
J) HAROLD ASH
PA. DALLAS 409-R-7
v
3/4 x 8”
Storm
Cello Tex and
Paints and
:!? FLASH
COLD WAVE DUE
REPAIR NOW
Rockwool—Loose and Full Thick Batts
Clear White Pine
ALSO
6” CLEAR SIDING
Fir and Y. P. Flooring
3/4 10" |
Doors
Ceiling Blocks
Hardware
Back Mt. Lumber & Coal Co.
PHONE—DALLAS 215