North Irwin City Zoning Code
ARTICLE IV
District Regulations
§ 350-12 Basic regulations.
The basic regulations governing the use of land, the size of lots, yards and buildings within each zoning district are established in this Article IV. For certain specific uses or exceptional situations, these basic regulations are supplemented by Article V and by other provisions of this chapter.
A.
Regulations governing the use of land within districts. The use of land within the various zoning districts shall be as set forth in § 350-13.
C.
Special exceptions.
(1)
Uses listed as special exceptions in § 350-13 shall require individual consideration in each case because of their unique characteristics. Such special exceptions may be referred to the Planning Commission by the Board for review and recommendation and such uses may be permitted only upon authorization by the Board, subject to certain conditions and safeguards, as provided in this section and after a hearing.
(2)
Such special exceptions which are authorized by the Board shall be subject to any additional conditions and safeguards established by the Board in each case which may be warranted by the character of the areas in which such uses are proposed or by other special factors and which are necessary to implement the purposes and statement of community objectives of this chapter.
(3)
A special exception shall not cause substantial injury to the value of other property where it is to be located, shall conform with regulations applicable to the District where located, shall be compatible with adjoining development, shall provide adequate landscaping and screening to protect adjoining areas, and shall provide off-street parking and loading so as to minimize interference with traffic on the local streets, and any required or permitted signs shall be compatible with adjoining development and such special uses and shall not jeopardize the public health, safety, welfare and convenience.
(4)
Applicants for special exceptions shall file a petition and pay the applicable fee and shall submit plot plans in sufficient detail to provide the Board and the Planning Commission with enough information to properly evaluate the proposed planned use.
D.
Uses not specifically listed or interpreted to be included in the categories of use for each district shall not be permitted within the districts.
E.
Performance characteristics. No use shall be permitted in any district if it is to be operated in such a manner so as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactivity, environmental or other hazard; noise or vibration; smoke, dust, dirt, or other form of air, solid waste or water pollution; electrical, glare or other disturbance which will adversely affect the surrounding area or premises, or be dangerous to public health and safety.
F.
Flood-prone area requirements. Areas located in identified flood-prone areas shall be subject to the following restrictions:
(1)
Floodplain regulations.
(a)
All uses proposed for location in a designated flood-prone area shall conform with the requirements and definitions of the Code of the Borough of North Irwin, Chapter 167, Floodplains.
(b)
All such proposed developments shall be designed in accordance with the floodplain management principles and requirements of said chapter.
(2)
Uses in flood areas shall be considered as special exceptions. Anything to the contrary of this chapter notwithstanding, all permitted uses proposed for location in an area subject to flooding or having a probability of being flooded shall be considered to be a "special exception" subject to all of the special exception review provisions set forth in this chapter, and the Board may also require approval by a competent authority or agency recognized by the Board.
(3)
Applicable authorities. As a basis for determining conformance with these requirements, the Board may utilize information provided by recognized applicable authorities or studies. Said authorities may include the U.S. Army Corps of Engineers, the U.S. Geological Survey, the U.S. Natural Resources Conservation Service, the Federal Insurance and Mitigation Administration, the Pennsylvania Department of Environmental Protection, or some other competent authority or agency recognized by the Board.
(4)
Partial development. If the Board determines that only a part of a proposed plan can be safely developed, it shall limit development to that part and shall require that development proceed consistent with this determination.
§ 350-13 Use of land within districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
District | Permitted Uses | Special Exceptions |
|---|---|---|
R-1 – Low Density Residential District | ||
Single-family dwelling | Schools, churches | |
Two-family dwelling | Public buildings | |
Accessory garages | ||
Forestry | ||
No-impact home-based business | ||
R-2 – Multifamily Residential District | ||
Single-family dwelling | Mobile home parks | |
Two-family dwelling | Funeral homes | |
Multiple dwellings | ||
Schools | ||
Churches | ||
Parks | ||
Religious institutions | ||
Public buildings | ||
Nursing homes | ||
Group homes | ||
Forestry | ||
No-impact home-based business | ||
C – Commercial District | ||
Retail or convenience stores | Commercial entertainment | |
Offices | ||
Banks | ||
Theaters | ||
Restaurants, bars, and clubs (public and private) | ||
Medical and dental clinics | ||
Business service shops | ||
Automobile sales and service | ||
Gasoline stations (with some other permitted uses separate and in combination) | ||
Hospitals, social halls, clubs, lodges | ||
Funeral homes | ||
Motels | ||
Hotels | ||
Public buildings | ||
Garages | ||
Professional offices | ||
Forestry | ||
No-impact home-based business | ||
I – Industrial District | ||
Manufacturing facilities | Scrap processing | |
Machine shops | Wastewater treatment facilities | |
Asphalt and concrete hauling facilities | ||
Wholesale distributors | ||
Supply yards | ||
Truck terminals | ||
Warehouses | ||
Research and testing laboratories | ||
Forestry | ||
No-impact home-based business | ||
RC – Recreational District | ||
Parks | ||
Playgrounds | ||
Athletic fields | ||
Athletic courts | ||
Concession stands | ||
Restrooms | ||
Field houses | ||
Locker room facilities | ||
Forestry | ||
No-impact home-based business | ||
§ 350-14 Size of lots, yards and buildings for permitted uses.
Type of Regulation | R-1 | R-2 | C | I-1 | RC |
|---|---|---|---|---|---|
Minimum lot size | |||||
Area (square feet) | 6,000 | 5,000 | 3,000 | 15,000 | 15,000 |
Width (feet) | 60 | 50 | 30 | 100 | 100 |
Depth (feet) | 100 | 100 | 100 | 150 | 150 |
Average lot area per dwelling unit (square feet) | 6,000 | 2,500 | — | — | — |
Minimum yards (feet) | |||||
Front yard | 25 | 20 | — | 25 | 25 |
Rear yard | 25 | 25 | 20 | 25 | 25 |
One side yard | 8 | 8 | — | 15 | 15 |
Both side yards combined | 20 | 16 | — | 30 | 30 |
Maximum building height for the principal building | |||||
Number in stories | 2 1/2 | 3 | 4 | 4 | 2 1/2 |
Height in feet | 35 | 40 | 48 | 48 | 35 |
Maximum building coverage (percent) | 40% | 50% | 60% | 50% | 20% |
NOTES: | |
|---|---|
(1) | |
(2) | See Article V for other additional regulations governing accessory structures, signs, off-street parking and loading and nonconforming uses and lots. |
(3) | |
§ 350-15 Required off-street parking spaces.
Type of Use1 | Number of Parking Spaces Required2 |
|---|---|
Offices, retail business and customer service establishments | 1 for every 300 square feet of floor space |
Restaurants, taverns, nightclubs | 1 for every 2.5 seats |
Clinics | 5 for every doctor, dentist or other professional |
Motels | 4 for every 3 sleeping rooms |
Hotels | 1 for every 2 sleeping rooms |
Churches, theaters, auditoriums and places of assembly | 1 for every 3.5 seats |
Schools | 1 for every 15 classroom seats |
Schools (above secondary level) | 1 for every 5 classroom seats |
Social halls, clubs and lodges | 1 for every 200 square feet of floor area |
Bowling alleys | 5 for every 1 alley |
Hospitals | 1 for every 2 beds |
Residential dwellings, single-family and two-family unit structures | 2 per 1 dwelling unit |
All other residential units | 3 per 2 dwelling units |
Funeral homes | 3 for every 1 parlor |
Rooming houses and dormitories | 1 for every 2 beds |
Manufacturing plants and laboratories | 1 for every 3 employees |
Wholesale establishments and warehouses | 1 for every 3 employees |
Nursing homes and group homes | 1 for every 4 beds |
Commercial entertainment and recreation uses | 1 for every 200 square feet of floor area3 |
NOTES: | |
1 | This § 350-15 applies only to new construction or to new uses and to the enlarged section of any addition. |
2 | For any use not specifically listed, the Zoning Officer shall apply the requirements of that listed use which it determines to be most similar. |
3 | One additional space for each 1,000 square feet of floor area. |
§ 350-16 Height of fences.
Type of Fence and Location | Maximum Height Residential Districts (R-1, R-2) | Nonresidential Districts (C, I-1, RC) (feet) |
|---|---|---|
Fabricated materials | ||
Fence, located in: | ||
Front yard | 6 | 61 |
Side yard | 6 | 61 |
Rear yard | 6 | 6 feet, except that chain link fences may be 8 feet1, 2 |
Natural Living Fence - | ||
Located In: | ||
Front Yard | 6 | 81 |
Side Yard | 6 | 81 |
Rear Yard | 10 | 121 |
NOTES: Any fabricated material fence exceeding the height limitations established in this table, unless permitted under Footnote No. 1 below, shall be considered to be an accessory structure, subject to the provisions of § 350-17A. | |
1 | Special situations requiring security, complete prevention of access or the provision of buffers to protect adjoining uses may have a higher fence if approved by the Board as a special exception. The Board shall determine that such additional height is necessary to meet these objectives and also to protect the public safety and general welfare. |
2 | Chain-link fences which are eight feet high may also be topped with barbed wire where necessary to prevent access and provide security. |