Borough of Moosic, PA Definitions

GENERALA use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.

RESIDENTIALUses that will serve a principal residential use, where such accessory use is incidental to the principal use, e.g., storage shed used to store household items, lawn mowers, etc.

ALTERATION (of building or structure)

NONRESIDENTIALUses that will serve a nonresidential use, where such accessory use is incidental to the principal use, e.g., a truck loading area, warehousing for the storage of goods to be sold, etc.

ADULT DAY CARE

A use providing supervised care and assistance primarily to persons who are over age 60 and not in good physical health or suffering from dementia or are developmentally handicapped and/or are physically handicapped and who need such daily assistance because of such condition. This use shall not include persons who need oversight because of behavior that is criminal or violent. This use may involve occasional overnight stays, but shall not primarily be a residential use. The use shall involve typical stays of less than a total of 60 hours per week per person.

AGENT OF OWNER

Any person who can show written proof that he has authority to act for the property owner.

ALLEY

A public thoroughfare which affords only a secondary means of access to abutting property.

Any change in the structural members of a building, such as walls, columns, beams or girders.

ASSISTED LIVING FACILITY

A building, establishment, complex or distinct part thereof which accepts primarily aged persons (62 years of age or older) for domiciliary care, and provides on-site to its residents room, board, nonmedical living assistance services appropriate to the residents' respective needs and contract medical services as prescribed by each resident's treating physician.

AUTOMOBILE OR TRAILER SALES AREA

An open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

AUTOMOBILE SERVICE STATION OR FILLING STATION

A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicles trade at retail, and where the following services may be rendered:

Minor repair.

Sale and servicing of spark plugs and batteries.

Tire repair and servicing, no recapping.

Replacement of mufflers and tailpipes, water hose, fan belts, brake and transmission fluids, light bulbs, floor mats, seat covers (where this shall not be the principal use), windshield wipers, grease retainers and wheel bearings.

Radiator cleaning and flushing.

(e)

Washing and polishing, not including mechanical and/or automatic car wash establishments.

(f)

Installation of fuel pumps and fuel lines.

(g)

Minor servicing and replacement of carburetors.

(h)

Adjustment and installation of brakes.

(i)

Tuning engines, except for grinding valves, cleaning carbon or removing the head of engines and/or crankcases.

(j)

Greasing and lubrication.

(k)

Emergency wiring repairs.

(l)

Any similar minor service or repair not listed below under "major repair."

BOARDINGHOUSE/ROOMING HOUSE

Major repair. In addition to those repairs and services listed above as "minor repair," any general repair, rebuilding or reconditioning not listed above; collision service including body, frame or fender straightening or repair; painting or paint shops; mechanical car wash establishments; but not including any operations which require the heating or burning of rubber.

AUTOMOBILE WRECKING

The dismantling or disassembling of used motor vehicles or trailers; or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

BASEMENT

A floor level partly or completely below grade. It shall be considered a story if more than 50% of the perimeter walls of a basement are five feet or more above grade.

BOARD

The Zoning Hearing Board of the Borough of Moosic.

ROOMING HOUSEA place where rooms are rented to transient persons for periods of days, weeks or months. There shall be no congregate dining facilities in a rooming house, and only light cooking (microwave ovens) will be allowed in each room. No rooming house shall rent more than 10 rooms, and there shall be not less than one off-street parking space available for each room that is to be rented.

BOARDINGHOUSESame as rooming house, except that meals are served by the proprietor.

CLOTHES CLEANING, INDUSTRIAL

A boardinghouse/rooming house shall not include the following uses: treatment center, abused person shelter, hotel, dormitory, motel, assisted living center, group home or nursing home.

BOTTLE CLUB

An establishment operated for profit or pecuniary gain which has a capacity for the assemblage of 20 or more persons and in which alcoholic liquors, alcohol or malt beverages are not legally sold but where alcoholic liquors, alcohol or malt beverages are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use and consumption. The terms shall not include a license under the Act of April 12, 1951 (P.L. 90, No. 21) known as the Liquor Code or any organization as set forth in Section 6 of the Act of December 19, 1990 (P.L. 1200, No. 202) known as the Solicitation of Funds for Charitable Purposes Act.

[Added 8-9-2005 by Ord. No. 13-2005]

BUILDING

Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements.

BUILDING GROUP

Any building, such as a store group, which is divided into separate parts by one or more unpierced walls extending from the ground up.

BUILDING HEIGHT

The vertical distance measured from the mean level of the ground surrounding the building to a point midway between the highest and lowest point of the roof, but not including chimneys, spires, towers, elevator penthouses, tanks, rooftop screening of equipment and architectural features not occupied by persons or property and similar projections.

[Amended 5-13-2008 by Ord. No. 10-2008]

BUILDING, PRINCIPAL

A building in which is conducted the principal use of the building site on which it is situated. In any residential district any dwelling shall be deemed to be a principal building on the zone lot on which the same is located.

BULK FUEL STORAGE

The storage of fuel beyond what is reasonably needed for customary on-site use. This includes the storage of fuel to be sold for off-site use.

CALIPER

Diameter of a tree's trunk measured six inches above the ground up to and including four-inch caliper size, and 12 inches above the ground for larger sizes.

An establishment that does laundering and/or dry cleaning of clothing and/or uniforms as a service for commercial and manufacturing establishments as compared with an establishment designated as "clothes cleaning, neighborhood."

CLOTHES CLEANING, NEIGHBORHOOD

An establishment that does laundry and/or dry cleaning of clothing and uniforms for individuals, and which generally serves one or more residential neighborhoods.

CLUSTER DEVELOPMENT

A residential cluster shall include an area to be developed as a single entity according to a plan containing residential housing units in which the individual lots have a common or public open space as an appurtenance. Such common or public open space shall be assured of continued operation and maintenance either through the dedication of such area to the municipality and the municipality's acceptance thereof, or through the creation of a homeowners' association, or the developer's acceptance of such responsibility including such legally binding agreements as may be required to achieve such assurances.

COMMERCIAL VEHICLE

Any vehicle other than a private passenger vehicle, including trucks, trailers, and construction equipment.

COMMISSION

The Borough Planning Commission of the Borough of Moosic.

CORROSIVE LIQUID

Includes acids, alkalines, caustic liquids and powders or flakes or other corrosive, that, when in contact with living tissue, can cause severe damage to living tissue, and, if leakage occurs, a chemical action could cause fire when in contact with organic matter.

COUNCIL

The Borough Council of the Borough of Moosic.

COURT

Any open, unoccupied area which is bounded by three or more attached building walls.

DANCE HALL

An establishment operated for profit or pecuniary gain which has a capacity for the assemblage of 20 or more persons for dancing, regardless of whether dancing is the primary or intended purpose of the building, establishment or place of assembly, and alcoholic liquors or malt or brewed beverages are either provided by the operator or agents or employees of the operator for consumption on the premises or are brought into or kept at the establishment by the patrons or persons assembling there for use and consumption. The terms shall not include an establishment that has a valid license for the sale of alcohol pursuant to the Liquor Code, 47 P.S. 10101 et seq.

[Added 8-9-2005 by Ord. No. 13-2005]

DAY-CARE FACILITIES

CHILD DAY-CARE CENTERA premises in which child day care is provided simultaneously for seven children or more who are not relatives of the provider of the child day-care home, where such facility is subject to Pennsylvania Department of Public Welfare supervision or licensing under the Pennsylvania Public Welfare Code.

FAMILY DAY-CARE HOMEA premises in which child day care is provided at any one time to between four and six children who are not relatives of the provider of the child day care where such facility is required to be registered with the Pennsylvania Department of Public Welfare under the Pennsylvania Public Welfare code.

DRUG REHABILITATION FACILITIES

GROUP DAY-CARE HOMEA state-licensed facility in which care is provided for more than six but less than 12 children at any one time, if care is provided in a facility where the child care areas are being used as a family residence.

DEVELOPMENT SECTION

Within any large-scale development, the developer may select a portion of the entire approved large-scale development area to be developed in stages or phases; any such area shall be considered as a "development section."

DISTRICT

A district or a zone shall be any portion of the territory of the municipality within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DORMITORY

Residential facilities that are only inhabited by teaching faculty and/or full-time students of an accredited college, university or medical training facility or state-licensed teaching hospital, or approved "care and treatment center for children" (as an accessory use to such use) or to an accredited public or private primary or secondary school, and which are owned and operated by such principal use to which the dormitory serves. Dwelling units shall not be regulated as dormitories.

Facilities for the rehabilitation of persons addicted to controlled substances, including the overnight stay of patients for periods of two or more days.

DRUG TREATMENT CENTERS

Facilities for the treatment of persons who are addicted to the use of illegal controlled substances, such as a methadone clinic, where such treatment is designed to cure persons of such addictions.

DWELLING

Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except a mobile home and as otherwise provided herein.

DWELLING, SINGLE-FAMILYA detached building, designated for or occupied exclusively by one family and containing not more than one dwelling unit.

DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.

DWELLING, TOWNHOUSEA townhouse shall include a group of not more than eight single-family attached dwellings separated from each other by common walls, where each unit contains a separate and private entrance to the outside.

DWELLING, GARDEN APARTMENTSA group of rental units, generally under single ownership (but a condominium is not precluded), where there shall not be more than eight dwelling units contained within each structure; such structures containing garden apartment units are generally less than four stories in height although in the municipality they shall not exceed a height of 2.5 stories or 35 feet.

(5)

DWELLING GROUPA group of two or more residential buildings on a single zone lot.

(6)

DWELLING, MULTIFAMILYA structure containing three or more dwelling units including but not limited to garden apartments, condominiums and townhouses.

DWELLING STRUCTURE

Any structure which shall contain one or more dwelling units, not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house or boardinghouse.

DWELLING UNIT

A single habitable living unit occupied by only one family. (See definition of "family.") Each dwelling unit shall have its own toilet, bath or shower, sink, sleeping and cooking facilities, and separate access to the outside or to a common hallway or balcony that connects to outside access at ground level. No dwelling unit shall include a separate living area that is completely separated by interior walls so as to prevent interior access from the remainder of the living area. No dwelling unit may include more than one kitchen, except:

Cooking facilities may be located in two abutting rooms that open into each other;

If a kitchen was installed prior to the adoption of this chapter under a valid Borough permit; or

For care of relative.

EARTH-EXTRACTION

A business activity which includes the excavation and removal of natural resources from the earth. Earth-extraction industries include rock-crushing and similar uses.

ESSENTIAL SERVICES

ESSENTIAL SERVICES, ENCLOSED OR PERMANENT STRUCTURESSuch uses are intended to include facilities for sewage treatment, electric substations, transformers, switches, and auxiliary apparatus, as well as local governmental services such as police stations, fire houses and similar uses. Where such uses are proposed to be located in a residential district, they shall be subject to the following regulations:

Such facility shall not be located on a residential street (unless no other site is available), and shall be so located as to draw a minimum of vehicular traffic to and through such streets.

The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.

Adequate fences, barriers and other safety devices shall be provided, and shall be landscaped in accordance with the provisions of § 300-19 hereof.

Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth herein.

ESSENTIAL SERVICES, OPENSuch uses shall be limited to the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal 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. Such uses shall not include sanitary landfills and related uses such as staging areas or other means of solid waste disposal. Where applicable, the landscaping regulations of § 300-19 hereof shall apply.

FAMILY

Except for group housing for handicapped persons, there shall be not more than seven individuals living together as a single housekeeping unit and doing their cooking on the premises, as distinguished from a group occupying a boarding or rooming house or hotel.

Notwithstanding the definition in the preceding paragraph, a family shall also be deemed to include unrelated persons occupying a dwelling unit and living as a single, nonprofit housekeeping unit, if said occupants are handicapped persons as defined herein. Such unrelated individuals shall have the right to occupy a dwelling unit in the same manner and to the same extent as any family unit as defined in the first paragraph of this definition.

FRATERNITY OR SORORITY HOUSE

A family does not include a group living in a boardinghouse or hotel, or fraternities, sororities, and clubs, or other forms of congregate living arrangements, except as otherwise provided herein.

FARM ANIMALS

Those animals normally associated with agricultural enterprises, such as cattle, horses, and poultry; they are normally raised for human consumption, production of dairy products, pelts and other commercial purposes.

FIRE ESCAPE

A set of stairs, constructed of durable, nonflammable metal, which is constructed on the exterior of a multistory residential or commercial building in order to provide a secondary means of egress in the event of a fire or other emergency.

FLEA MARKET

An occasional or periodic sales activity held within a building, structure, or open area where groups of individual sellers offer goods, new and used, for sale to the public, not to include private garage sales.

FLOOR AREA

For the purposes of applying the requirements for off-street parking and loading, "floor area," in the case of offices, merchandising, or service type of uses, shall mean the gross floor area used or intended to be used by tenants, or for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sales or merchandise. It shall not include areas used principally for nonpublic purposes such as storage, incidental repair, processing or packaging of merchandise, for shop windows, for offices incident to the management or maintenance of stores or buildings, for toilet or rest rooms, for utilities or for dressing rooms, fitting or alteration rooms.

FORESTRY

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting and selling trees for commercial purposes, which does not involve any land development.

A type of boardinghouse used and occupied by a formal, legally incorporated cooperative organization (with each full member having a vote in the operations of the organization) of full-time college or university students. Such use may contain residential, social and eating facilities for members and their occasional guests.

GARAGE, PRIVATE PARKING

A detached accessory building or a portion of a principal building used only for the storage of automobiles by the families resident upon the premises.

GARAGE, PUBLIC PARKING

A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of automobiles, not including a structure or part thereof used only for storage or display of automobiles for other than transients.

GOVERNING BODY

The Borough Council of the Borough of Moosic.

GROUP HOME FOR THE HANDICAPPED

A dwelling unit shared by handicapped persons, including resident staff, who live together as a single housekeeping unit and in long-term, family-like environment in which staff persons residing on the premises provide care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. The term "group home for the handicapped" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.

HALFWAY HOUSE

A licensed house for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial refinement, wherein supervision, rehabilitation, and counseling are provided to mainstream residents back into society, enabling them to live independently.

HANDICAPPED PERSON

As used herein, regarding "group home for the handicapped," the term "handicapped" shall mean having a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; a record of having such an impairment; or being regarded as having such an impairment. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.

HAZARDOUS MATERIALS

CORROSIVE LIQUIDIncludes acids, alkalines, caustic liquids and powders or flakes. Other corrosives that, when in contact with living tissue, can cause severe damage to living tissue with contact. Leakage: chemical action liable to cause fire when in contact with organic matter.

FLAMMABLE SOLIDWhich is liable to cause fire through friction, absorption of moisture or spontaneous chemical change.

OXIDIZING MATERIALChlorates, permanent peroxides or nitrates that yield oxygen to stimulate combustion.

HIGHLY TOXIC MATERIALSA material so toxic to man to afford unusual hazard to life and health during fire fighting and releasing into the atmosphere in case of fire.

HEALTH CARE FACILITIES

Consist of several different types of facilities such as hospitals, medical centers, nursing homes, hospice institutions, and other similar uses where people can receive medical treatment and related support services due to their inability to meet their own physical care needs. Rooming and boarding houses, and drug rehabilitation facilities and drug treatment centers other than for the medical treatment of persons requiring medical treatment for traumatic conditions resulting from overdosing on illegal controlled substances, are not considered to be health care facilities.

HIGHLY TOXIC MATERIALS

Material so toxic to man to afford unusual hazard to life and health during fire fighting and releasing into the atmosphere in case of fire.

HOME OCCUPATION

A commercial or other nonresidential use of a dwelling which is customarily conducted entirely within a dwelling unit or accessory building, which is conducted by the inhabitants residing therein; provided that such use is clearly incidental and secondary to the use of the dwelling for dwelling purposes. The inability of the proposed use to meet the space limitations or other requirements herein established shall conclusively establish that such proposed use was not intended to be a home occupation, as defined herein.

HOTEL

A building designed for occupancy as the temporary residence of individuals who are lodged with or without meals.

[Amended 12-18-2008 by Ord. No. 19-2008]

IMPERVIOUS COVERAGE

The coverage of land by buildings and other impervious materials such as asphalt, which prevent the percolation of water into the ground.

INFLAMMABLE SOLIDS

Material which is liable to cause fire through friction, absorption of moisture or spontaneous chemical change.

JUNKYARD

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 furnishing, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale or other use or disposition of the same. The deposit or storage on a lot of two or more abandoned, wrecked or disabled vehicles, or the major part thereof, without current inspection stickers shall be deemed to be a junkyard; provided, however, that such use shall not be deemed to be a junkyard if they are stored in an enclosed building.

LANDINGS, UNCOVERED

Landings and related stairways that may be erected on the exterior of a building, where such facilities are not required in order to meet fire code standards or other safety standards. Such landings or stairways are not required to be constructed of metal; and they shall not be placed in the front of a building.

LARGE-SCALE DEVELOPMENT

RESIDENTIALA large-scale residential development shall be planned for a site of not less than 10 acres.

COMMERCIALA large-scale commercial development shall be planned for a site of not less than three acres.

MANUFACTURINGA large-scale manufacturing development shall be planned for a site of not less than 10 acres.

LIMITED ACCESS HIGHWAY

A highway designed in such a manner so as to provide no direct access to properties abutting its right-of-way and including all highways designated as limited access highways as adopted by the Planning Commission.

LOT or ZONE LOT

A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, and having frontage on a public street.

LOT, CORNERA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135°. The point of intersection of the street lot lines is the "corner."

LOT DEPTHThe mean horizontal distance between the front and the rear lot lines.

LOT LINESThe property lines bounding the lot.

LOT LINE, FRONTThe ultimate right-of-way line of the street or road.

LOT LINE, REARThe lot line opposite and most distant from the front lot line.

LOT LINE, SIDEAny lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a “side street lot line.”

LOT LINE, STREET OR ALLEYA lot line separating the lot from a street or alley.

MEDICAL/DENTAL OFFICE OR CLINIC

LOT WIDTHThe mean width of the lot measured at right angles to its depth. Such a line along which the minimum lot frontage shall be measured at a point which shall coincide with the building set back or front yard line.

(5)

LOT AREAThe computed area contained within the lot lines and the ultimate right-of-way line. The area within the right-of-way shall not be computed as part of the lot area.

MALODOR

An odor which causes annoyance or discomfort to the public and which the Borough determines to be objectionable to the public.

MEDICAL CENTERS

Medical centers, including mini-medical centers, are establishments, other than hospitals, which provide medical evaluation and treatment services to individuals; such treatment may include day surgery, outpatient surgery, magnetic resonance imaging centers and similar uses, but they may not include drug rehabilitation facilities or drug treatment centers other than for the medical treatment of persons requiring medical treatment for traumatic conditions resulting from overdosing on illegal controlled substances. Satellite hospital facilities which do not include facilities for the overnight stay of patients are also included in this use category.

A use involving the treatment and examination of patients by state-licensed physicians, chiropractors or dentists, provided that no patients shall be kept overnight on the premises unless a hospital is also permitted. This use may involve the testing of tissue, blood or other human materials for medical or dental purposes.

MEDICAL TESTING LABORATORY

A facility that provides testing services in accordance with physician requirements for the evaluation and measurement of various patient medical conditions.

METHADONE TREATMENT FACILITY

A site the primary purpose of which is to conduct projects approved by the Pennsylvania Department of Health, which projects use the drug methadone in the treatment, maintenance or detoxification of persons.

MIXED USE STRUCTURE

A structure which contains two or more distinctly separate uses such as a commercial use and a residential use.

MOBILE (MANUFACTURED) HOME

A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more 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 incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

MOBILE (MANUFACTURED) HOME PARK

A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes.

MOTELS, MOTOR COURTS AND MOTOR HOTELS

A series of attached or semiattached dwelling structures, where each unit has convenient access to parking space for the use of the units' occupants. The units, with the exception of the manager's office or caretaker's unit, are designed to provide sleeping accommodations for automobile transients or overnight guests.

MUNICIPALITY

The Borough of Moosic.

NET DEVELOPABLE AREA

The area of a tract that is suitable for development, exclusive of rights-of-way, and environmentally constrained areas such as floodplains, wetlands, and steep slopes in excess of 20%.

NET DEVELOPED AREA

Total acreage excluding any area within a public right-of-way.

NET LAND AREA

The net land area of any development parcel shall include only the area contained within the property line and the ultimate right-of-way line. The area within the right-of-way (public right-of-way or other thoroughfare) shall not be computed as part of the net land area.

NO-IMPACT HOME BUSINESSES

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.

The business must satisfy the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(e)

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

(f)

The business activity may not generate any solid waste or sewage.

(g)

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

(h)

The business may not involve any illegal activity.

NONCONFORMING LOT

A lot the area or dimension of which was lawful prior to the adoption or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions set forth herein or any amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reasons of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions set forth herein or any amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

NURSING HOME

A facility licensed by the state for the housing and intermediate or fully-skilled nursing care of three or more persons needing such care because of old age or a physical illness or disability or a developmental disability, but not including a treatment center.

OPEN SPACE

OPEN SPACE, COMMONA parcel or parcels of land or an area of water, or a combination of land and water, within a development site and designed and intended for the use or enjoyment of residents of the residential development, not including streets, off-street parking areas, and areas set aside for public facilities. Common open space includes both developed (active) and undeveloped (passive) open space.

OPEN SPACE, DEVELOPED (ACTIVE)Land that is set aside for use as active recreational areas, such as playfields, playgrounds, skating rinks, swimming pools, tennis courts, and areas for water management (storm, waste, potable supply).

OPEN SPACE, UNDEVELOPED (PASSIVE)Land used for passive recreation, agriculture, resource protection, amenity, or buffers and protected from future development by the provisions of this chapter to ensure that it remains as open space.

OUTDOOR STORAGE

PRINCIPAL USEThe use of land for an unenclosed use involving the storage of materials intended to be sold to the public, either retail or wholesale.

PEDDLING, HAWKING, SELLING or SOLICITING

ACCESSORY USEThe use of materials where such storage is incidental to the principal use of the property and such materials are to be utilized by the principal use; e.g., raw materials for production, waste materials generated by a production activity where such waste materials are to be discarded or sold for recycling.

OXIDIZING MATERIAL

Chlorates, permanent peroxides or nitrates that yield oxygen to stimulate combustion.

PARKING AREA, PRIVATE

An open area for the same uses as a private garage, and regulated as a private garage.

PARKING AREA, PUBLIC

An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.

Any temporary commercial activity conducted by any person or business, including, but not limited to, engaging in peddling, canvassing, soliciting or taking of orders, upon any of the streets or sidewalks or from house to house within the Borough of Moosic; provided that the word "peddling" shall not apply to farmers selling their own produce; the sale of goods, wares, and merchandise for charitable or philanthropic purposes; or sales to any manufacturer or producer in the sale of bread and bakery products, meat and meat products, or milk and milk products.

PETS

Customary household pets shall include animals, fish and birds which are generally considered to be domestic animals, such as hamsters, dogs, cats, and birds, including ducks, which shall not be for human consumption. Farm fowl such as chickens and turkeys and other farm animals not specifically designated shall not be considered as customary household pets.

PLANNING COMMISSION

The Planning Commission of the Borough of Moosic.

PORTABLE SWIMMING POOL

A pool which is capable of being relocated and stored during nonswimming seasons.

PROFESSIONAL OFFICE

The office of a member of a recognized profession. When conducted in a residential district, a professional office shall be incidental to the residential occupancy, shall be conducted by a member of the residential family entirely within a residential building, and shall include only the offices of doctors, or physicians, dentists, optometrists, ministers, architects, landscape architects, professional engineers, lawyers, artists, authors and such other similar professional occupations which may be so designated by the Zoning Hearing Board upon finding by the Board that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation shall in no way adversely affect the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional activities listed herein. The issuance of a state or local license for regulation of any gainful occupation need not be deemed indicative of professional standing.

PUBLIC AND SEMIPUBLIC USES

Uses which provide government services as well as private organizations which provide service to the public on a not-for-profit basis.

RECREATION

RECREATION, NONRESIDENTIALRecreation facilities operated as a business and open to the general public for a fee. Private or commercial recreation uses such as: amusement arcades, amusement parks, golf driving ranges, private or commercial golf courses, miniature golf, racing tracks, etc.

RECREATION, PRIVATEClubs or recreation facilities, operated by a nonprofit organization and open only to bona fide members of such organizations and their guests.

RECREATION, PUBLIC OPEN SPACEPublic open space recreation shall include any open space recreation use, such as a park, a playground, a swimming pool, tennis courts, basketball courts, and other similar recreational uses; provided, however, that such facilities are owned and operated by a unit of government or a private, nonprofit charitable organization; and provided that such uses are open to the public; and provided further that accessory uses such as concession stands are also included in this category.

RECREATIONAL VEHICLE

A vehicle which is:

[Added 11-10-2020 by Ord. No. 15-2020]

Built on a single chassis.

Not more than 400 square feet measured at the largest horizontal projections.

Designed to be self-propelled or towable by a light truck.

SIGN, DOUBLE OUTDOOR ADVERTISING

Not designed for use as a permanent dwelling, but as temporary living quarters for recreational camping, travel, or seasonal use.

SANITARY LANDFILL

Considered to be any facility devoted to the storage and/or disposal of solid wastes pursuant to the regulations of the Pennsylvania Department of Environmental Protection governing sanitary landfills. Sanitary landfills may include staging areas as defined below. Sanitary landfills shall be subject to all regulations contained herein governing earth-moving activities.

SETBACK LINE

A line established by the subdivision regulations and/or zoning ordinance generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground, except as may be provided in said codes.

SHOPPING CENTER

A group of retail stores planned and designed to function as a unit, and having off-street parking as an integral component of the unit.

SIGN

A name, identification, description, display, or illustration which is affixed to, or painted, or represented directly or indirectly upon a building, structure, or piece of land, vehicle, equipment or other portable gear, and which directs attention to an object, product, place, activity, person, institution, organization or business. However, a “sign” shall not include any display of official court, or public office notices, nor any official traffic control device, nor shall it include the flag, emblem or insignia of a nation, state, county, municipality, school or a religious group. A "sign" shall not include a sign located completely within an enclosed building except for illuminated or animated signs within show windows. Each display surface of a sign shall be considered to be a sign.

SIGN, BUSINESS

A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed.

A sign constructed with separate framing elements which are structurally connected at their sides. No half of such a double sign shall, however, exceed 2/3 of the maximum permitted gross surface area of an individual sign; and the combined gross surface area shall not exceed the maximum permitted for a single sign.

SIGN, FLASHING

Any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this chapter any revolving, illuminated sign or traveling message panel shall be considered a flashing sign.

SIGN GROSS SURFACE AREA

The entire area within a single continuous perimeter enclosing the extreme limits of such and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements, lying outside the limits of such sign and not forming an integral part of the display. The gross surface area of freestanding signs shall include the area of one side of such sign even if display information is included on both sides of the sign.

SIGN, OUTDOOR ADVERTISING

An outdoor sign or billboard which directs attention to a business, profession, commodity or entertainment conducted, sold, or offered elsewhere than upon the same lot. Under the provisions of this chapter, outdoor advertising can be erected on the premises in any of the nonresidential districts.

SOLID WASTE

Any garbage, refuse, industrial, lunchroom or office waste or other material including solid, liquid, semisolid or contained gaseous materials, resulting from the operation of residential, municipal, commercial or institutional establishments and from community activities. The term shall also include any garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining, agricultural operations, local facilities or any other byproduct or effluent from an industrial mining, agricultural or water supply treatment facility, wastewater treatment facility or air pollution control facility.

SOLID WASTE, MUNICIPAL

Any garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material, resulting from operation of residential, municipal, commercial or institutional establishments and from community activities and any sludge not meeting the definition of residual or hazardous waste in the Solid Waste Management Act[1] from a municipal, commercial or institutional water supply treatment plant, wastewater treatment plant or air pollution control facility. The term does not include source-separated recyclable materials.

SPECIAL EXCEPTION

A use which because of its unique characteristics requires individual consideration in each case by the Zoning Hearing Board, as specified in Articles VIII and IX, before it may be permitted in the district enumerated in Article III. In accordance with the provisions of this chapter, the Zoning Hearing Board may require certain conditions and safeguards before such a use is permitted.

SPECIMEN TREE

Any existing tree with a caliper that is 75% or more of the record tree of the same species in the Commonwealth of Pennsylvania.

STAGING AREA

An area designated for motor vehicles or other means of transportation or any other types of refuse container containing solid waste materials which are to be deposited at a sanitary landfill site. Loaded vehicles awaiting their opportunity to deposit such wastes shall wait for their turn in a designated staging area on the sanitary landfill site. All staging areas shall be subject to all regulations contained herein governing sanitary landfills.

STORY

That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling above it.

STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story shall not be used for residential purposes, other than for a janitor or caretaker or his family.

STORY, FIRSTThe lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.

STREET

A public or private thoroughfare not less than 30 feet in width if in existence prior to the passage of this chapter nor less than 50 feet in width if established subsequent to the passage of this chapter which affords the principal means of access to abutting property, including avenue, place, way, drive, land boulevard, highway, road and any other thoroughfares except an alley.

SIDE STREETAny street the length of which shall be not more than 50% of the length of the largest street line of the municipality's blocks of which it is part.

RESIDENTIAL STREETA street between two intersecting streets upon which an R District abuts, or where 50% or more of the abutting street frontage is in predominantly residential use.

Other street classifications:

APPROACH HIGHWAYSThose which intersect with and have interchange connection with limited access arterial highways.

ARTERIALSThose serving large volumes of comparatively high-speed and long-distance traffic, and include facilities classified as main and secondary highways by the Pennsylvania Department of Transportation, and include streets classified as arterial thoroughfares or primary streets in the traffic plan set forth in the municipality's Comprehensive Plan.

COLLECTOR STREETSThose which, in addition to giving access to abutting properties, intercept facilities and provide routes to community facilities and to major traffic streets, and include streets classified as secondary streets in the traffic plan set forth in the municipality's Comprehensive Plan.

TELECOMMUNICATIONS ANTENNA, COMMERCIAL

HALF OR PARTIAL STREETA street, generally parallel and adjacent to a property line, having a lesser right-of-way width than normally required for satisfactory improvement and use of the street.

(e)

LOCAL ACCESS STREETS, INCLUDING MINOR STREETSThose used primarily to provide access to abutting property.

(f)

MARGINAL ACCESS STREETSMinor streets, parallel and adjacent to major traffic streets, providing access to abutting properties and control of intersections with the major traffic streets.

(g)

MAJOR STREETSAll streets other than local access streets or marginal access streets.

STRUCTURAL CHANGE

Any change in the structural members of a building, such as walls, beams, columns or girders.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, swimming pools, carports, walls, fences and billboards. Accessory outdoor recreation equipment on residential zone lots shall not be classified as a structure.

A device attached to a building, structure, or telecommunications tower principally intended for receipt or transmission of signals for such uses as commercial or public VHF or UHF television, FM radio, two-way radio, commercial carriers, cellular telephone, fixed point microwave, lower power television or AM radio, including accessory equipment related to telecommunications. Not included are antennas for private, noncommercial and amateur purposes, including but not limited to ham radios and citizens band radios.

TELECOMMUNICATIONS FACILITIES, COMMERCIAL

Facilities used for transmitting or retransmitting electronic signals, including, but not limited to, the transmission of commercial radio or television signals or cellular telephone communications. TV satellite dish antennas are not included under this category of use.

TELECOMMUNICATIONS FACILITIES, RESIDENTIAL

Antennas for private, noncommercial and amateur purposes, including TV satellite dish antennas as regulated in § 300-30E(5).

TELECOMMUNICATIONS FACILITY BUILDING, COMMERCIAL

The building in which electromagnetic receiving and relay equipment for a telecommunications tower is housed.

TELECOMMUNICATIONS TOWER, COMMERCIAL

A freestanding structure, including any guy wires, principally intended to support facilities for receipt or transmission of signals for uses such as commercial or public VHF or UHF television, FM radio, two-way radio, commercial carriers, cellular telephone, fixed point microwave, low power television, or AM radio, including accessory equipment related to telecommunications. Not included are towers and supportive structures for private, noncommercial and amateur purposes including but not limited to ham radios and citizens band radios.

TEMPORARY COMMERCIAL ACTIVITY

Activity which shall be conducted for a period of not more than 31 consecutive days; provided, however, that such use is not accessory to a permanently permitted business use.

TEMPORARY USES

GENERALTemporary uses shall include those activities which will be undertaken for a period of time specified in the application for a permit for such a use. Said period of time shall be one year or less. If additional time is required a new application shall be submitted. No application for temporary uses shall be for a period of more than one year.

TRANSIENT HOUSING FACILITIES

BUSINESSUses such as a circus, carnival, flea market, etc., with or without a structure such as a tent.

TENT

A temporary structure, usually constructed of canvas and supported by poles and ropes.

TRACT

Land held in single ownership which consists of lands to be subdivided or suitable for a land development. The tract shall consist of not less than the minimum area required for subdivision or development as set forth herein.

Transient housing facilities shall include halfway houses, emergency shelters or missions, and other types of housing facilities which are to be occupied on a temporary basis, such as a fixed period of time. Such housing shall be distinguished from housing occupied by a family in that family occupancy equates to an indefinite occupancy period.

TRAVEL TRAILER

A vehicle less than 30 feet in length and used for temporary living or sleeping purposes, and standing on wheels.

TREATMENT CENTER

A use (other than a prison or a permitted accessory use in a hospital) providing housing facilities for persons who need specialized housing, treatment and/or counseling for stays in most cases of less than one year and who need such facilities because of:

Criminal rehabilitation, such as a criminal halfway house/criminal transitional living facility or a treatment/housing center for persons convicted of driving under the influence of alcohol;

Chronic abuse of or addiction to alcohol and/or a controlled substance; or

A type of mental illness or other behavior that could cause a person to be a threat to the physical safety of others.

ULTIMATE RIGHT-OF-WAY

The full width of the road designated by the governing body to be the minimum required width of any public right-of-way.

YARD

An open space, as may be required by this chapter, of uniform width or depth on the same lot with a building or a group of buildings, which open space lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.

YARD, FRONTAn open space extending the full width of the lot between the front of the building and the ultimate right-of-way line unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.

YARD, REARAn open space extending the full width of the lot, between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.