Borough of Moosic, PA
Lackawanna County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The title of this ordinance is as follows: "An ordinance to limit and restrict to specified districts or zones, and to regulate therein, buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the uses of land in the Borough of Moosic and providing for the administration and enforcement of the provisions herein contained and fixing penalties for the violation thereof."
This chapter shall be known and may be cited as the "Borough of Moosic Zoning Ordinance."
The Borough of Moosic has enacted a Zoning Ordinance, of which this statement is a part, in accordance with the Pennsylvania Municipalities Planning Code.[1] The adoption and enforcement of these regulations is intended to provide the municipality with procedures which will assist in directing its growth and development in accordance with local needs and goals. Pertinent local goals which these regulations are intended to bring to fruition relate to such factors as land use, population density, streets and traffic and other community facilities and utilities, generally as defined in the Moosic Borough Comprehensive Plan.
A. 
Community goals.
(1) 
Promote and protect the public health, safety and general welfare.
(2) 
Prevent loss of life, health or property from fire, panic, floods and other dangers, such as air, water, noise pollution, hazardous waste, toxic, biological and radioactive materials.
(3) 
Control development so that it occurs in an efficient and logical manner which does not deviate from or harm the character of the immediate neighborhood.
(4) 
Maintain a density of population which can feasibly be served by the streets and other public facilities which presently exist or can be reasonably provided by the municipality. Direct development to designated areas that can readily be served by existing or expanded infrastructure systems, including locations where sewer, water and transportation improvements can be phased in with minimum short- and long-term costs to the Borough or its residents.
(5) 
Provide for essential public services, such as police and fire protection, schools and recreational uses.
(6) 
Protect property values and integrity of neighborhoods for all classes of uses.
(7) 
Preserve and enhance quality of life by protection of existing neighborhoods from blighting influences.
(8) 
Establish clear, concise and definitive guidelines regarding land use regulations and their enforcement.
(9) 
Violation of these objectives will not be permitted under any circumstance or for any reason.
B. 
Environmental goals.
(1) 
To maintain a healthy environment for all types of uses throughout the Borough. This includes consideration of such factors as clean air and clean streams, noise pollution, storm drainage, hazardous waste, and resource conservation. This will require compliance with all relevant state and local regulations to prohibit or control adverse environmental influences generated by existing and future developments.
(2) 
Protect the environmentally sensitive areas of the Borough. Protect groundwater, floodplains, wetlands, mature woodlands, steep slopes, habitats of rare and endangered species, and other environmental features.
(3) 
Guide development to occur in ways that eliminate degradation of our natural and cultural environments.
(4) 
Promote land use to control and limit both population and structural density, street congestion, and water runoff and to provide for adequate light and air.
(5) 
Establish environmental protection standards that will apply to all development.
(6) 
Violation of these objectives will not be permitted under any circumstance or for any reason.
C. 
Land use goals.
(1) 
General goal. The land use plan should be designed to achieve harmonious land use relationships and assure an adequate traffic plan for any developments that would be major traffic generators.
(2) 
Residential land use goals. The Borough should establish policies which permit the development of homeowner housing in order to meet the needs of the Borough's current residents as well as potential future residents. Mitigate incompatible residential and commercial uses in several areas of the Borough. Do not sacrifice the integrity of residential areas for the purpose of economic development and increased municipal revenues.
(3) 
Commercial land use goals. The Borough should encourage commercial development to support future industrial growth as well as regional and highway types of commercial development in the vicinity of the highway interchange of the Lackawanna Valley Industrial Highway (LVIH). Regardless of the location of future commercial development, it should be designed and developed in a manner which would not create an adverse environmental effect on existing or developing residential areas.
(4) 
Manufacturing land use goals. There is a need for manufacturing development, especially in terms of job creation. Currently, there are a few areas where manufacturing plants are located. An area where conditions are favorable for future manufacturing development is north and south of the LVIH, near Jessup. Industrial development should be regulated to minimize noise, odors, and other potentially adverse environmental impacts on the residential areas of the Borough. In addition, to encourage reuse of vacant or underutilized manufacturing/warehousing sites located close to regional transportation networks, certain highway-oriented large-scale commercial uses are permitted by special exception.
[Amended 5-13-2008 by Ord. No. 10-2008]
D. 
Other development goals.
(1) 
Housing. The Borough is concerned with housing quality, especially in terms of the housing needs of low-moderate income persons and physically handicapped persons. Support the development of affordable housing. The Borough's goals are to achieve the removal of all blighting influences and to rehabilitate all substandard housing.
(2) 
Traffic safety. The Borough is concerned with maintaining traffic safety conditions. This must be achieved largely by the careful review of all development proposals that will add to traffic volumes in the Borough.
(3) 
Economic development. There is a desire for expanded commercial and manufacturing development. These are desired developments to be encouraged, but regulated in a manner consistent with the environmental goals described above. It is our goal to actively encourage economic development, especially as needed to generate additional employment opportunities including those which will encourage the Borough's youth to remain in the area.
(4) 
Storm drainage. Storm drainage problem areas are a major concern. This problem will be partially mitigated by preventing increased uncontrolled storm runoff through the enforcement of the Subdivision and Land Development Ordinance[2] and the Storm Drainage Ordinance.[3] All proposed developments reviewed under this chapter should also be evaluated in terms of potential storm drainage problems.
[2]
Editor's Note: See Ch. 268, Subdivision and Land Development.
[3]
Editor's Note: See Ch. 260, Stormwater Management.
(5) 
Public facilities and services. Enhance and expand existing public facilities and services, and develop additional services and facilities as needed to support existing and future development.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Administration and enforcement. This chapter includes provisions for the administration and the enforcement of the chapter and such other provisions as are deemed necessary to implement the purposes of this chapter and the purposes of Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Flexibility and innovation. This chapter includes provisions to encourage innovation and to promote flexibility, economy and ingenuity in development, including subdivisions and land developments as defined in Act 247, as amended. Such regulations provide authorization to increase the permissible density of population and intensity of uses based upon expressed standards and criteria set forth herein.
C. 
Development features regulated. This chapter includes provisions regulating:
(1) 
Uses of land, watercourses and other bodies of water.
(2) 
Size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures.
(3) 
Areas and dimensions of land and bodies of water to be occupied by uses and structures, as well as areas, courts, yards, and other open spaces and distances to be left unoccupied by uses and structures.
(4) 
Density of population and intensity of use.
(5) 
Protection and preservation of natural resources.
(6) 
Special exceptions.
(7) 
Variances.
(8) 
Conditional uses.
These regulations are deemed necessary to achieve the following purposes:
A. 
To promote, protect and facilitate any or all of the following: the public health, safety, morals, and the general welfare; coordinated and practical community development and proper density of population; emergency management preparedness and operations, airports, and national defense facilities, the provisions of adequate light and air, access to incident solar energy, vehicle parking and loading space, transportation, sewerage, schools, recreation facilities, public grounds, the provision of a safe reliable and adequate water supply for domestic, commercial, or industrial use, and other public requirements; as well as preservation of the natural, scenic and historic values in the environment and preservation of forests, wetlands, aquifers and floodplains.
B. 
To prevent one or more of the following: overcrowding of land, blight, danger and congestion in travel and transportation, loss of health, life or property from fire, flood, panic or other dangers.
C. 
To provide for the use of land within the municipality for residential housing of various dwelling types encompassing all basic forms of housing, including single-family and two-family dwellings, and a reasonable range of multifamily dwellings in various arrangements, mobile homes and mobile home parks.
D. 
To accommodate reasonable overall community growth, including population and employment growth, and opportunities for development of a variety of residential dwelling types and nonresidential uses.