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.
(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.
