[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I); 5-14-2024]
Except where specified in the following definitions, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure"; and the word "occupied" or "used" shall include "arranged, designed, constructed, altered, converted, rented, leased, or intended to be used"; and the word "shall" is intended to be mandatory and the word "may" is permissive; the word "abut" shall include the words "directly across from"; and the word "lot" includes "parcel," "tract" or "plot."
ACCESSORY BUILDING OR USEA building or use which:
A. Is subordinate to and serves a principal building or principal use; and
B. Is subordinate in area, extent, or purpose to the principal building or principal use served; and
C. Is located on the same zoning lot as the principal building or use served; and
D. Is not used for dwelling purposes nor normally occupied by personnel associated with any use; and
E. Is not attached to the principal building by covered passageway, wall more than three feet high, and shares no wall in common with the principal building.
BLOCKA tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines or waterways, or corporate boundary lines of the Borough of North Irwin.
BUILDINGAn independent structure having a roof supported by columns of walls resting on its own foundations and includes shed, garage, stable, greenhouse or other accessory building separate on all sides from adjacent building by open spaces from the ground up.
BUILDING AREAThe aggregate or the maximum horizontal cross-section area of the main building on a lot, excluding cornices, eaves, gutters or chimneys projecting not more than 30 inches, steps, one-story open porches, and balconies and terraces.
BUILDING, HEIGHT OFThe vertical distance measured from the average level of the ground along all walls of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridges for gable, hip and gambrel roofs, and to the highest point of any other type of roof. Chimneys, spires, masts, elevator penthouses, tanks and similar projections shall not be included in the height unless any such projection has an aggregate area greater than 25% of the roof area.
BUILDING, PRINCIPALA nonaccessory building in which a principal use of the lot on which it is located is conducted.
BULKThe size and shape of buildings uses and exterior relationship of their exterior walls, or their location, to lot lines and other buildings or other walls of the same building; and all open spaces required in connection with a building. Bulk regulations include, but are not limited to, regulations dealing with lot size, lot area per dwelling unit, lot width and depth, building height, required yards, building coverage, courts, usable open space, floor area ratio, spacing between buildings on a single lot and the length of buildings in a row.
DWELLINGAny building, vehicle or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons and as defined further below. The term "dwelling" shall not be deemed to include automobile court, rooming house, tourist home, hotel, hospital, nursing home, dormitory, fraternity, or sorority house.
A. DWELLING UNITOne or more rooms, including a kitchen (or kitchenette) and sanitary facilities, in a dwelling structure designed as a unit for occupancy by not more than one family (as defined herein) for living and sleeping purposes.
B. DWELLING, SINGLE-FAMILYA detached building designed for or occupied exclusively by one family, except for an "Accessory Dwelling Unit" as defined below and excluding a mobile home dwelling as defined below.
C. DWELLING, TWO-FAMILYA detached or semidetached building where not more than two individual family or dwelling units are entirely separated by vertical walls and/or horizontal floors.
D. DWELLING, MOBILE HOMEA transportable dwelling structure, intended for permanent occupancy for use by one family, contained in one or more sections designed to be joined into one integral unit and constructed so that it may be used without a permanent foundation and capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; except for a travel trailer as defined herein and excluding such mobile home dwellings or prefabricated homes or sections thereof which when assembled or combined into a single unit are more than 19 feet in width.
E. DWELLING, MULTIFAMILYA building designed for occupancy of families living independently of each other and containing three or more dwelling units per building.
F. DWELLING UNIT, ACCESSORYA separate second dwelling unit which may be located within a structure in which the principal use is for a single-family dwelling, provided that such accessory dwelling shall be permitted only if it conforms with the following conditions:
(1) Shall not exceed three rooms or 800 square feet in total livable area.
(2) Is not intended for occupancy by more than three persons.
(3) The owner of the structure resides in the principal dwelling unit.
FAMILYOne or more persons related by blood, marriage or adoption, and, in addition, any domestic servants or gratuitous guests thereof, or group of not more than five persons who need not be related by blood, who are living together in a single dwelling unit and maintaining a common household. A "family" shall not be deemed to include the occupants of a boardinghouse, rooming or lodging house, club, fraternity, sorority or hotel.
FENCEAny outdoor barrier of either natural living vegetation or composed of fabricated materials, as defined below, which is placed or arranged as a line of demarcation between lots or to enclose a lot or a part of a lot. For the purpose of this chapter, a "fence" is a boundary line fence when the average center line of the fence is established on the lot within two feet of a property and/or lot line. The height of any fence shall be the distance measured from the existing grade of the natural surface to the top of the fence.
A. NATURAL LIVING FENCEA barrier of natural living vegetation, including shrubs, hedges, trees or other plant materials, shall only be considered to be a fence if 50% or more of the horizontal dimension of such materials or growth provides a visual screen or obstruction to vision.
B. FABRICATED MATERIALS FENCEAny structure or wall, regardless of composition or material, except for a natural living fence, which is constructed and installed to act as a visual or physical outdoor barrier.
FORESTRYThe 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.
GARAGEA detached accessory building or a portion of a main building used for the parking or storage of one or more vehicles.
HOME OCCUPATIONAn occupation or profession customarily carried on by an occupant of a dwelling unit as second use which is clearly incidental to the use of the dwelling unit for residential purposes, including the office of a physician, dentist, lawyer, or other professional person, individual musical instruction limited to a single pupil at a time, dressmakers, milliner, seamstress, barber or beautician, or one who offers skilled services to clients and is not engaged in the purchase, sale or storage of economic goods on-site. Practice of veterinary medicine is not included. Dancing instruction, band instrument instruction or practice in groups or other instruction involving group participation, tearoom, tourists home, convalescent home, mortuary establishment, store, trade or activity of any kind which is not included herein shall not be deemed to be a home occupation.
LOTA zoning lot except as the context shall indicate a lot of record, in which case a "lot" is a lot of record.
LOT DEPTHThe mean horizontal distance between the front lot line and the rear lot line of the lot measured within the lot boundaries.
LOT LINE, FRONTThat boundary of a lot which is along an existing or dedicated public street or, where no public street exists, along a public way.
LOT LINE, REARThat boundary of a lot which is most nearly parallel to the front lot line.
LOT LINE, SIDEAny boundary of a lot which is not a front or rear lot line.
LOT OF RECORDAn area of land designated as a lot on a plat of subdivision or described on a deed duly recorded or registered, pursuant to statute, with the Recorder of Deeds of Westmoreland County.
LOT WIDTHThe distance between side lot lines measured at the line separating buildable lot area from required minimum front yard. On culs-de-sac and like curves, front lot lines shall not be less than 80% of the lot width.
LOT, BUILDABLE AREAThat portion of a lot bounded by the required front, rear and side yards or, when a yard is not required, the lot line.
LOT, ZONINGA single tract of land (at the time of filing for a building permit) that is designed by its owner or developer as a tract to be used, developed or built upon a unit, under single ownership or control, and therefore may not necessarily coincide with a lot of record.
NO-IMPACT HOME-BASED BUSINESSA 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 or commercial activity must satisfy the following requirements:
A. The business activity shall be compatible with the residential use of the property and surrounding residential uses.
B. The business shall employ no employees other than family members residing in the dwelling.
C. There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
D. 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 discharge in volume or type which is not normally associated with residential use in the neighborhood.
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 STRUCTUREA building or structure or part thereof manifestly not designed to comply with the applicable use provisions of this chapter of the Borough of North Irwin or amendment heretofore or hereafter enacted when such building or structure lawfully existed prior to the enactment of such chapter or amendment or prior to the application of such chapter or amendment to its location by reason of annexation.
NONCONFORMING USEA use, whether of land or building or structure, which does not comply with the applicable use provisions of this chapter of the Borough of North Irwin or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such chapter or amendment or prior to the applications of such chapter or amendment to its location by reason of annexation.
PARKING AREAAn area other than a street used for the temporary parking of more than four automobiles.
POOLSee "swimming pool" (below).
PROFESSIONAL OFFICEAny office of recognized professions, such as physicians, dentists, lawyers, architects, engineers, artists, musicians, designers, teachers, and others, who through training are qualified to perform services of a professional nature.
SIGNA name, identification, description, display or illustration which is affixed or painted directly or indicated upon a building, structure, or piece of land which directs attention to an object, product, place, activity, person, institution, organization, or business.
SIGN, GROSS SURFACE AREA OFThe entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same, but not including any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.
SPECIAL EXCEPTIONA use permitted in a particular zoning district pursuant to the provisions of Articles
VI and IX of the MPC, 53 P.S. § 10601 et seq., and § 10901 et seq., respectively.
STORYThat part of a building included between the surface of any floor and the surface of the next floor above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story where more than 1/2 of such basement height is above the finished lot grade level.
STREETAny street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
STRUCTURAL ALTERATIONAny change, other than incidental repairs, to the supporting members of a building such as bearing walls, columns, beams or girders, but shall not include painting, replacement of existing roofing, installation of siding, replacement of windows, or other repairs to a building.
STRUCTUREAny man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to the land.
SWIMMING POOLAny body of water or receptacle for water having a depth at any point greater than two feet used, or intended to be used, for swimming or bathing and constructed, installed, or maintained in or above the ground, outside any building.
TEMPORARY STRUCTUREAny structure which by the type and materials or method of its construction is intended for not more than two years. Such structures shall include tents, portable bandstands, bleachers not erected in conjunction with athletic fields, reviewing stands, or other structures of similar character.
USEThe purpose or activity for which the land, or building thereof, is designed, arranged or intended or for which it is occupied or maintained.
USE, PRINCIPALThe main use of land or buildings as distinguished from a subordinate or accessory use.
YARDAn open space on a zoning lot which is unoccupied and unobstructed from its lowest level to the sky except as otherwise permitted. A yard extends along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the zoning district in which the lot is located.
YARD, FRONTA yard extending along the full length of the front lot line between the side yards.
YARD, REARA yard extending along the full length of the rear lot line between the side lot lines.
YARD, SIDEA yard extending along a side lot line from the front yard to the rear yard.