North Irwin City Zoning Code
ARTICLE V
Supplementary Regulations
§ 350-17 Permitted variations from required areas.
The minimum lot, yard and height requirements of Article IV shall prevail in all cases, except as follows:
A.
Existing nonconforming lots. In any district where a nonconforming lot exists as a separate entity at the time of passage of this article, and where the owner of the nonconforming lot does not own an adjoining lot, then the following development is permitted:
(1)
Residential districts.
(a)
If the lot is located in the R-1 or R-2 District, a single-family dwelling, including any attached permitted accessory use, may be constructed on it as a permitted use, subject to the following requirements:
[1]
Minimum lot size: 3,000 square feet.
[2]
Minimum lot width: 30 feet.
[3]
Minimum front yard: 20 feet.
[4]
Minimum rear yard: 20 feet.
[6]
Maximum building height for principal building: 2 1/2 stories or 35 feet.
[7]
Accessory structures which are not attached to the principal structure may be built up to two feet to any side lot line or not less than five feet from the rear lot line, provided that such accessory structures are not located closer than eight feet to any principal structure.
(b)
Accessory structures which are not attached to the principal structure may be built up to two feet to any side lot line or not less than five feet from the rear lot line provided that such accessory structures are not located closer than eight feet from any principal structure.
(2)
If the lot is located in any remaining district then a structure not exceeding two stories in height may be constructed on it for a use permitted in the district in which it is located, as shown in § 350-13, provided that the off-street parking and loading requirements of this article shall be complied with and that the front, side and rear yards are not reduced by more than 50% of the requirements of § 350-14 and the maximum building coverage does not exceed 75%.
B.
Height limitations. District height limitations for church spires, cupolas and domes, monuments, water towers, chimneys, smokestacks, antennas, farm structures, silos, flagpoles, and utility and television towers may be increased by five feet.
C.
Front yard exception. When an unimproved lot is situated between two improved lots each having a principal building within 25 feet of the side lot line of the unimproved lot, the front yard may be reduced to a depth equal to that of the greater front yard of the two adjoining lots; provided, however, that it may not be reduced to below 25 feet in residential districts.
D.
Projection into yards. Projections into required yards shall be permitted as follows, except that no such projection shall be located closer than three feet to any side or rear lot line or 10 feet to any front lot line, except as provided for in § 350-17A for existing nonconforming lots.
(1)
Fire escapes, uncovered stairs and landings, canopies, eaves, or other architectural features not required for structural support may project into the required side, front or rear yard not more than a total of three feet.
(3)
(4)
Trellises, fences and walls not exceeding six feet six inches in height above grade may be located in the required rear and side yards.
E.
Changes to conforming uses and buildings.
(1)
Any conforming use or building may be repaired, maintained, restored or rebuilt to the same dimensions existing at the time that this chapter was adopted.
(2)
Any enlargement of a structure on the same lot of any conforming use must comply in all respects with the regulations of this chapter, except that in the case of any enlargement or addition of buildings legally existing at the effective date of this chapter which are located on a nonconforming lot, the requirements of § 350-14 shall not apply and in lieu of § 350-14, § 350-17A shall apply to said enlargement; provided, however, that all of the off-street parking and loading requirements of this chapter shall be complied with.
§ 350-18 Unique lots and building locations.
A.
Two or more buildings on a lot. Two or more principal buildings located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building if each were on a separate lot.
B.
Through lots. Where a single lot under individual ownership extends from one street to another parallel or nearly parallel street or alley, the Planning Commission shall decide which street will be considered as the front street. No principal structure shall be erected on the rear of the lot, except as specified in § 350-18A and C.
C.
Lots fronting on an alley. Individual lots existing at the effective date of this chapter fronting on an alley shall comply with all the requirements of this chapter and the district in which said lots are located.
D.
Side yard of a corner lot. The side yard of a corner lot which abuts a street shall be equal to 1/2 of the required front yard for that street.
E.
Corner lots. No obstruction to vision (other than an existing building, post, sign, column or tree) exceeding 30 inches in height above the street level shall be erected, planted or maintained on any lot within the triangle formed by the street intersection, created by the right-of-way line of each street extended to a point and a line drawn between two points on the right-of-way line of each street each located 30 feet from the street intersection. All plant materials shall be kept trimmed to ensure uninterrupted vision for motor vehicle traffic.
§ 350-19 Accessory structures and uses.
[Amended 5-14-2024]
A.
Accessory structures. All accessory structures shall conform with the minimum yard regulations established in Article IV, except for nonconforming lots as set forth in § 350-17A and except as permitted below:
(1)
Unattached structures accessory to residential buildings. Structures accessory to residential buildings which are not attached to a principal structure shall not be higher than 15 feet or 1 1/2 stories and may be erected within the required rear and side yards of a principal structure, provided that they conform with the following:
(a)
Distance from side lot line. Not less than five feet from the side lot line, except in the case of corner lots where the side yard as specified in § 350-18D shall be maintained.
(b)
Distance from rear lot line. Not less than five feet from the rear lot line, except where abutting an alley where the extension may not be less than 10 feet from the alley.
(2)
Unattached structures accessory to nonresidential buildings. Such accessory structures shall comply with front and side yard requirements for the principal structure and shall be not less than 10 feet from the rear lot line.
B.
Home occupations. A single home occupation per residential dwelling unit may be permitted as a permitted use and shall be considered to be an accessory use to a residential dwelling unit. Such accessory home occupation shall be subject to the following requirements:
(1)
It shall be conducted only by no more than two permanent residents of the dwelling unit;
(2)
It shall be restricted to occupations which do not generate more than six customers, visitors or clientele in any one hour;
(3)
It shall comply with all other legal requirements;
(4)
It shall not detract from the residential character of the neighborhood or exhibit any influences which are detrimental to the health, safety, welfare or morals of the residents of the neighborhood;
(6)
It shall not exhibit any external characteristics or evidence of their presence, except for a sign not to exceed two feet in area; and
(7)
It shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes.
C.
Home gardening, nurseries and greenhouses. Home gardening and accessory structures used for nurseries or as greenhouses are permitted in residential districts, provided that they shall not include the outdoor storage of equipment and supplies.
D.
Private outdoor swimming pools, hot tubs, and nonportable spas.
(1)
A single private outdoor swimming pool per dwelling unit is permitted as an accessory use to a residential structure, provided that such swimming pool is for the private use of residents of the dwelling unit or for their guests. Such a pool may be located within the required rear or side yards for the district in which the pool is to be located, except that no portion of the body of water in the pool shall be located closer to the property line than four feet and no portion of any walks or accessory pool appurtenances surrounding the body of water shall be closer than two feet to any property line.
(2)
All pools shall be surrounded and enclosed by a four-foot-high fence structurally suitable to deter direct access to the body of water in the pool. Such a fence shall not have openings, holes or gaps therein larger than four inches in width or, if larger than four inches in width, no larger than four inches in length except for doors or gates; provided, however, that if a picket fence is erected or maintained the horizontal dimension shall not exceed four inches; provided, further, that a dwelling house or accessory building may be used as a part of such a fence; and provided, further, that existing hedges may be used as such enclosure or a part or parts thereof with the written approval of the Zoning Officer. The Zoning Officer in his discretion may approve such existing hedges which substantially comply with the above requirements for fences or walls.
(3)
All gates or door opening through such enclosure shall be equipped with a self-closing and self-latching device designed to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure hereinabove required need not be so equipped.
(4)
Fences shall be constructed of weather-resistant materials and shall be assembled or fabricated with sufficient rigidity to prevent any substantial alteration or deformation of the lawful openings, holes or gaps.
(5)
The sides of a pool constructed above the ground level shall be considered to meet the requirements for a fence preventing direct access to the pool, provided that such sides of the pool are at least four feet high and provided, further, that any stairs, steps, or ladders used to reach the water surface of the pool shall be removable or capable of being folded up or secured in a way which will prevent their use when the pool is not in operation by the residents of the property or their guests.
(6)
Any pool whose body of water is closer than six feet to a property line shall be shielded by a six-foot-high privacy fence, hedge or other suitable visual obstruction where required to insure privacy for the adjoining property as determined by the Zoning Officer. Such a privacy fence may also serve as the fence required to deter direct access to the body of water as required herein if it conforms with the other requirements of this § 350-19.
(7)
A swimming pool, hot tub or spa which is accessory to a one- or two-family dwelling shall comply with all of the following:
(a)
Chapter 42 of the International Residential Code.
(b)
Appendix G of the International Residential Code.
(c)
Section 2406.4, paragraph 9, of the International Building Code (glazing in walls and fences enclosing indoor and outdoor swimming pools, hot tubs and spas).
(d)
Section 3109.4 of the International Building Code (residential swimming pools).
E.
Fences, walls and planting materials.
(1)
General requirements. Any person, corporation, firm or association intending to erect a fence shall, before work is commenced, make application to the Zoning Officer as required below and by this chapter, and no work on such a fence shall be commenced before receipt of a permit from the Zoning Officer.
(a)
Fences may be either a natural living fence or a fabricated materials fence as defined herein.
(b)
Fences or walls extending the height limitations set forth herein shall be subject to the accessory structure requirements of § 350-19A, except where otherwise required by this chapter.
(c)
Well-maintained and safe trees, shrubs or hedges and other appropriate plant material which do not constitute a natural living fence, as defined herein, and which are designed to enhance the livability and attractiveness of any lot may be located in any yard or court, provided that they do not encroach on adjoining properties or uses.
(2)
Location of fences. Fences may be located within any front, rear or side yard, except that no fence shall be placed closer than six inches to any property line or closer than one foot to any sidewalk or right-of-way which is open for use by the general public.
(4)
Obstruction to vision. No fence shall be constructed or maintained in the vicinity of any street intersection or driveway entrance which provides an obstruction to vision, thereby creating potential vehicular safety hazards. An "obstruction to vision" is defined between a height of two feet to 10 feet above the center-line grade of the adjoining street or streets, within a distance of 75 feet from the point of intersection of intersecting streets and 50 feet from the point of intersection of a driveway with a street.
(5)
Removal of unsafe or nuisance fences. Any fence which obstructs vision as defined above or which impedes vehicular or pedestrian traffic or which causes a fire hazard, restricts safe access, unduly restricts light or air and/or affects public or traffic safety, or which creates a nuisance as defined under § 350-20E, shall be removed. The Zoning Officer shall have the authority to direct the removal of such unsafe or nuisance fences or to direct the trimming or modification of any natural living fence or of any other vegetation so as to eliminate the unsafe or nuisance conditions.
(6)
Swimming pool fences. Private outdoor swimming pools shall be protected with a fence as set forth in § 350-19D above.
(7)
Fence materials and construction.
(a)
The following fences or fencing materials are specifically prohibited:
[1]
Barbed wire, except on a permitted chain-link fence which is eight feet high in a nonresidential area.
[2]
Short, pointed fences.
[3]
Canvas fences.
[4]
Cloth fences.
[5]
Electrically charged fences.
[6]
Poultry fences.
[7]
Turkey or chicken wire.
[8]
Temporary fences such as snow fences and expandable fences and collapsible fences, except during construction of a building.
(b)
All chain-link fences erected shall be created with the closed loop at the top of the fence.
(c)
All entrances or gates shall open into the property.
(d)
All fences or walls must be erected so as not to encroach upon a public right-of-way or easement.
(e)
If the fence is wood cover on wood frame, the framework must face onto the interior of the lot, unless the fence is so designed as to provide equal frame and cover area to adjoining yards.
(f)
If the fence is open metal mesh, supported by posts and frames of either pipe or wood, the posts and frames must be on the interior of the mesh.
(g)
If the fence is of masonry construction, a finished surface must be provided on the exterior side.
(8)
Application for fence. All applicants for permits to construct a fence shall submit the following information to the Zoning Officer:
§ 350-20 Nonconforming uses and structures.
Any legal nonconforming use or structure may be continued, repaired, maintained and improved except as provided below:
A.
Enlargement.
(1)
Such nonconforming use or structure may not be enlarged more than 40% of the existing floor or ground area, except for junkyards which may not be enlarged. Such enlargement shall not exceed the maximum height or maximum building coverage requirements set forth in § 350-14 for the district in which such nonconforming use is located.
(2)
The expansion of any nonconforming use or structure during the period in which the Zoning Ordinance of 1973, Ordinance No. 7-73, as amended, was in effect shall also be subject to the 40% overall limitation.
B.
Restoration. If any such nonconforming use or structure is damaged or destroyed, a permit for its restoration or reconstruction may be obtained if such application is filed within 90 days of the initial damage or destruction, restoration is commenced within six months and complete restoration is satisfied within 18 months thereafter.
C.
Discontinuance. No such use or structure may be reestablished after it has been discontinued or vacated for a period of six months. Also, a nonconforming use or structure when razed or removed from premises shall not be relocated except in conformity with the regulations of the district to which it is moved.
D.
Change of use. A nonconforming use or structure may be changed to another nonconforming use or structure only if it is proven to the Board that the proposed use will be of a less objectionable nature or more appropriate to the character of the district and neighborhood in which it is located. A change may be approved by the Board, provided that the Board shall determine that the following conditions which are generated by the proposed use are not higher than those generated by the existing nonconforming use at any time for a period of two years prior to the proposed change:
(1)
Number of employees.
(2)
Amount of employee and visitor parking required.
(3)
Number of commercial vehicles serving the proposed use and number of such vehicles to be parked at the premises or vicinity of the use.
(4)
Traffic volumes and congestion to be generated.
(5)
Adverse environmental effects generated by the proposed use.
E.
Termination. Certain types of nonconforming uses or structures which present a special nuisance or hazardous condition shall be terminated upon a complaint registered by the Zoning Officer from 50% of the property owners within 500 feet of a nonconforming use which is considered to be a general nuisance or a hazard to the health, safety, welfare and morals of uses or structures adjoining such nonconforming use or uses. After notice to the property owner of the filing of the complaint, the Board shall fix a hearing date and give notice of such date to all of the property owners within 500 feet of the subject property and to the owner of the property. The Board shall hold a hearing and make a finding with respect to the nuisance or hazardous condition which exists and shall determine the necessity of terminating such nonconforming use. Such uses shall be terminated within such reasonable time as shall be determined by the Board after consideration of the time required for the reasonable amortization of the capital investment in such uses, or as may be provided for by the laws of the Commonwealth of Pennsylvania.
§ 350-21 Off-street parking and loading.
A.
Off-street parking. Off-street parking shall be provided as set forth in § 350-15 whenever any building is erected, enlarged or converted. Such spaces shall have an area of at least 160 square feet exclusive of access drives or aisles and shall have adequate and well-designed ingress and egress and shall be located on the same lot as the use to which they are accessory or within a radius of 400 feet in the same district or in an adjoining district when approved by the Board as a special exception.
B.
Home occupations.
(1)
Home occupations shall provide the following number of off-street parking spaces:
(3)
The required number of spaces for the most applicable use listed in § 350-15 to which the home occupation is most similar, or if greater, one off-street parking space for each nonresident employee and one additional for each roomer, student, patron, patient, customer or other visitor which the home occupation serves during any one-hour period of maximum use.
(4)
The total number of off-street parking spaces for a Home Occupation may be reduced by the number of legal curb parking spaces which exist directly abutting the home occupation.
C.
Off-street loading. Every commercial, industrial or other building shall provide one off-street loading space for each 10,000 square feet of gross building floor area or part thereof, and each such space shall be at least 400 square feet in area.
D.
Development of parking and loading spaces. All off-street parking and loading areas shall conform with the following:
(1)
Off-street parking and loading spaces may be developed on any required side, front or rear yard, except that such spaces located in the R-2 Districts shall have a landscaping setback of at least five feet from any street on which they abut. Such spaces shall be properly designed in relation to adjoining uses and/or buildings. Adequate barriers shall be provided to protect buildings and sidewalks, and screening shall be provided as required in § 350-24A. In R-1 Districts, off-street parking may not be located in any front yards unless same is located upon a front yard driveway leading from the street directly into a garage.
(2)
They shall be surfaced with a durable bituminous or concrete paving material and shall be properly graded and drained to dispose of all surface water.
(3)
They shall be arranged and marked for the orderly and safe movement, loading, parking and storage of vehicles and shall be adequately illuminated if designed for use by more than three cars after dusk.
(4)
In all R-2, C, I-1 and RC Zones, where more than four spaces are required, points shall be provided which shall be at least 20 feet wide for two-way driveways and 16 feet for one-way and shall not exceed 40 feet in width and wherever practical shall not occupy the full length of the streets, alleys, or other right-of-way from which they derive their access, but shall be limited to well-defined points, and shall be so designed to provide maximum safety for other adjoining or nearby uses.
(5)
Maximum number of spaces. The total number of accessory parking spaces for residential uses in residential districts shall not exceed the number required by this chapter by more than 50% or four spaces, whichever is greater.
E.
Off-street parking in residential areas. On any lot used for residential purposes in a residential district, only one commercial vehicle may be garaged in an enclosed garage.
§ 350-22 Signs.
A.
Business and advertising signs. Business and advertising signs are permitted in the C and I-1 Districts. Such signs shall be nonflashing and nonmoving and shall not have a combined gross surface area in square feet exceeding two times the lot width in the I-1 District and a surface area equal to the lot width in the C and I-1 Districts.[1]
[1]
Editor's Note: So in original.
B.
Signs in residential districts. Nonadvertising signs located in residential districts (R-1, R-2) which are accessory to permitted or nonconforming nonresidential uses or which advertise the sale, hire or lease of and or building on which it is located are permitted, provided they do not exceed nine square feet in size, except that signs accessory to home occupations shall not exceed two square feet in size. The number of signs shall be restricted to one to each property or dwelling unit, entrance, exit, or building to which it pertains, except those properties located on corner lots may have one sign facing each street. Signs in such residential districts shall not be illuminated or of a flashing or moving nature.
C.
Location of signs.
(1)
Unless specified above, all signs may be located in any required yard and may be freestanding or attached to a building. Such signs shall not exceed the following height limitations:
(2)
Such signs may not project over any vehicular right-of-way, nor more than four feet over any pedestrian or other right-of-way, except that such projections shall not be closer than three feet of horizontal distance to a curb or property line. Projections over any rights-of-way where permitted above shall have a vertical clearance of at least nine feet. The owners of all signs projecting over any public right-of-way shall provide insurance in an amount specified by the Borough sufficient to hold the Borough harmless in the event of any damage to life or property caused by such a sign in the public right-of-way.
D.
Temporary signs. Temporary signs, having a limited time during which they are applicable, shall be removed within 30 days of the time limit during which they are appropriate shall have expired. Failure to remove such signs shall constitute a violation of this chapter.
§ 350-23 Excavations and fill material.
A.
Any excavations for the removal of topsoil or other earth products may be permitted only as a temporary special use by the Zoning Hearing Board. Such excavations must be adequately drained to prevent the formation of pools of water. The Board may require that such an excavation be enclosed by a fence if it is deemed to be a menace to the public health, safety and welfare.
B.
Unless specifically permitted by the Board, open excavations shall not be maintained, except those excavations made for the erection of a building or structure for which a permit has been issued.
C.
The dumping of earth, gravel, rock or other materials not subject to decay, or not subject to creating noxious or offensive odors, may be permitted in any zone or any vacant land, provided that the existing grade shall not be raised above the grade of the nearest road, that hazardous or nuisance conditions are not created, and that an unsightly appearance or unstable slopes are not created. Industrial or other operations requiring the dumping of such materials above the grade of the nearest road may be permitted by the Board as a special exception if the Board determines that such dumping is not a menace to the public health, safety or welfare or a nuisance to nearby residential areas.
§ 350-24 Miscellaneous provisions.
A.
Screening provisions.
(1)
Adequate screening shall be provided along the side and rear boundaries of any manufacturing or commercial use or of any off-street parking or loading area for more than five vehicles which abuts a residential or institutional use or along the boundaries of any other use where such screening is required.
(2)
Open construction yards and junkyards shall be screened in accordance with the provisions of this section.
(3)
Such screening shall consist of a visual screen or obstruction of sufficient height, but not less than six feet high, to effectively obscure the area being screened from adjoining uses. Such a screen or obstruction shall consist of a suitable fence or wall or of appropriate planting materials such as shrubs, hedges or trees located within a buffer strip having a minimum width of five feet. Such fence, wall or planting materials shall be maintained in good condition without any advertising thereon. Any space between such fence, wall or planting materials and adjoining lot lines shall be attractively surfaced and/or landscaped with grass, hardy shrubs or evergreen ground cover and maintained in good condition.
B.
Slope of yards. The surface area of any yard or open space adjacent to a building or structure shall be graded so that surface water will be drained away from any such structure.
C.
Design of highway (nonresidential) development. It is the objective of this chapter to encourage the orderly development of commercial, industrial, and other nonresidential parcels in a manner which will provide for proper access and reduce traffic conflicts and provide for the health and welfare of the population of the municipality. This shall be accomplished as follows:
(1)
The design of streets, service drives and pedestrianways shall provide for safe, convenient and hazard-free internal circulation of goods, persons and vehicles.
(2)
Nonresidential parcels shall be limited to no more than two driveway access points from the street or highway from which they derive their principal access, and such driveway access points shall not be more than 40 feet wide and shall be designed in a manner which will minimize their interference with any traffic movements on the street or highway.
(3)
Where a number of individual parcels or buildings are being developed jointly, or where a parcel or building is being developed adjacent to another parcel used or suitable for nonresidential development consideration should be given to the following:
(a)
The location and planning of the driveway access points to permit their joint use by adjoining parcels so as to minimize the number of intersections with the street or highway from which they derive their access.
(b)
The development of parking and loading areas which permit convenient traffic circulation between adjoining parcels.
(c)
The development of pedestrian walkways between adjoining parking areas and buildings.
(d)
The provision of landscaping and other features which will enhance the usability, character and attractiveness of the area.
D.
Animals and fowl.
(1)
In any district the establishment, maintenance and operation of boarding stables, dog kennels, boarding kennels, aviaries, or similar facilities for the housing, boarding, service, treatment, care, breeding or sale of animals and fowl is prohibited.
E.
Size of dwellings.
(1)
In order to promote the public health, safety and welfare of occupants residing in residential dwelling structures, the following minimum floor areas for human habitation shall be required in all dwelling units designed for permanent occupancy.
Number of Bedrooms | Minimum Floor Area (square feet) |
|---|---|
Efficiency unit | 450 |
1 bedroom | 575 |
2 bedrooms | 700 |
3 or more bedrooms | 800 + 100 for each additional bedroom exceeding three |
(2)
No dwelling unit shall be less than 12 feet wide.
(3)
Any residential project which is designed primarily for the elderly or the handicapped may have a floor area which is up to 10% less than the above requirements if such lesser area is necessary to facilitate financing or approval by any federal, state or governmental agency.
F.
Public water and sewer facilities. All buildings within the Borough shall be served with public water and sanitary sewer facilities unless the Board determines that such facilities are not required or that suitable alternate facilities meeting the requirements of the Pennsylvania Department of Environmental Protection shall be provided.
G.
Uses prohibited in every zoning district. Any uses involving activities which constitute violation of 18 Pa.C.S.A. § 5903, as amended, relating to display, sale, lending, distribution or exhibiting of obscene and other sexual materials, are prohibited in every zoning district.