A.
In the construction of this chapter, the definitions contained below
shall be observed and applied, except when the context indicates otherwise.
Words not defined shall be observed and applied according to their
dictionary definitions.
B.
Words used in the present tense shall include the future. The words
"occupied" and "used" shall be construed as though followed by the
words "or intended, arranged or designed to be used or occupied."
The word "including" shall be construed as though followed by the
words "but not limited to." Words used in the singular shall include
the plural, and the plural shall include the singular. The words "shall"
and "will" are always mandatory, while the word "may" implies discretionary
power.
As used in this chapter, the following terms shall have the
meanings indicated:
The relinquishment of property or cessation of the use of
the property by the owner or lessee without any intention of transferring
rights to the property to another owner or of resuming the nonconforming
use of the property for a period of one year.
Having a common border with or being separated from such
a common border with by a right-of-way, alley or easement.
The way or means by which pedestrians or vehicles approach,
enter or exit property.
A subordinate structure detached from but located on the
same lot as a principal structure. The use of an accessory structure
must be accessory to the use of the principal structure.
A use, whether of land or of a structure, which is a subordinate
use. The use must be an accessory use to the principal use of the
structure.
Any increase in gross floor area of a structure or use, including
those in which the building footprint is not enlarged.
See "abutting."
Any commercial establishment in which more than 5% of the
inventory offered for sale or rental to the public consists of books,
publications, films or other media which depict nudity or sexual conduct,
as defined herein.
An adult bookstore/video store, adult live theater, adult
movie theater or movie house, or adult nightclub, as defined herein.
A facility that provides supervised care and assistance primarily
to persons who are over age 60, mentally and/or physically disabled,
and who require such daily assistance because of their limited physical
and mental capacities. This use may involve occasional overnight stays
but shall not primarily be a residential use. The facility shall comply
with all state and federal regulations and must meet all inspection
and licensing requirements of the Pennsylvania Department of Aging.
Any commercial establishment which features on a regular
basis live shows for public viewing, in which all or some of the performers
are displaying nudity or engaging in sexual conduct, as defined herein.
Any movie theater, including mini theaters, which on a regular
continuing basis shows films rated "X" by the Motion Picture Association
of America, or any movie theater which presents for public viewing
on a regular continuing basis so-called "adult films" depicting sexual
conduct, as defined herein.
Any establishment which serves food and/or beverages, including
private clubs, whether or not the consumption of alcoholic beverages
is allowed on the premises; which offers entertainment, either live
or recorded, which exhibits nudity or sexual conduct, as defined herein;
or which provides service by waitpersons who exhibit nudity or sexual
conduct, as defined herein.
The cultivation, tilling or use of land for the purpose of
producing crops therefrom, or of horticulture, animal husbandry, and
all uses permissible under the common definition of "farm."
Any rearrangement, reconstruction, conversion, division or
exterior enlargement of any structure.
An antenna used for the transmission or reception of wireless
signals by amateur radio operators.
[Added 3-8-2017 by Ord.
No. 949]
A modification, change or revision in the current ordinances.
An amendment to the Zoning Map to effect a change of the
designated land use district on a parcel of land.
An amendment or revision to the text of this chapter.
An establishment or business maintained and operated by a
veterinarian or veterinarians for the examination, prophylaxis, surgery,
diagnosis and treatment of diseases or injuries of animals, including
indoor or outdoor boarding of animals, provided that said veterinarian
or veterinarians are duly licensed under the laws of the State of
Pennsylvania.
Any place or establishment whose primary service offered
is to be a place where house pets are bathed, clipped or combed for
the purpose of enhancing their aesthetic value and/or health, and
for which a fee is charged. House pets shall not include those animals
or reptiles prohibited by any other Borough ordinance.
Retail sales of domestic and/or exotic animals; bathing and
trimming services, conducted entirely within an enclosed building
with no outdoor use.
Animals, including but not limited to horses, donkeys, burros,
llamas, bovines, goats, sheep, bison, camels and other animals or
livestock of similar size and type, except inherently dangerous mammals
and inherently dangerous reptiles. Horses, mules, donkeys, burros,
llamas, bison and camels under one year in age, bovines under 10 months
in age, and goats, sheep and swine under three months in age shall
not be included when calculating the density of large animals.
Animals or fowl other than a household pet, large animal,
inherently dangerous mammals or inherently dangerous reptiles, including
but not limited to chickens, guinea hens, geese, ducks, turkeys, pigeons,
emu, ostriches (struthious), kangaroos, rabbits, mink, chinchilla,
nutria, gnawing animals in general, and other animals or fowl of similar
size and type. Small animals or fowl under three months in age shall
not be included when computing intensity of small animals or fowl.
Young or miniature large animals are not included in this definition
and are considered large animals.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. An antenna shall not include tower-based wireless
communications facilities as defined below.
[Amended 3-8-2017 by Ord.
No. 949]
See "dwelling, multifamily."
A form prepared by the Board asking the person's name and
address, whom he is representing, and whether or not he desires a
copy of any final decision in the case at hand, so that the Board
may determine a person's interest in the matter at hand and also have
an official record of to whom a copy of any final decision must be
sent.
An establishment involved primarily in the repair and maintenance
of large and small household appliances.
Stores engaged primarily in selling the following products
and related services, including incidental repair services: draperies,
floor coverings, furniture, glass and chinaware, home appliances,
home furnishings, home sound systems, interior decorating materials
and services, large musical instruments, including but not limited
to pianos, cellos and harps, movable spas and hot tubs, office furniture,
other household electrical and gas appliances, outdoor furniture,
refrigerators, etc.
A landowner or developer, as hereinafter defined, who has
filed an application for development, including his heirs, successors
and assigns.
See "buildable area."
A residential care facility that provides twenty-four-hour
nonmedical care for more than six persons 18 years of age or older,
or emancipated minors, with chronic life-threatening illness, in need
of personal services, protection, supervision, assistance, guidance
or training essential for sustaining the activities of daily living
or for the protection of the individual. This classification includes
group homes, residential care facilities for the elderly, adult residential
facilities, and other facilities licensed by the State of Pennsylvania.
A long-term residence facility exclusively for persons with
physical and/or mental limitations (normally persons 60 years or older),
and which shall include common dining, social and recreational features,
special safety and convenience features designed for the needs of
the elderly, and the provisions of social services for residents,
which must include at least two of the following: meals, transportation,
housekeeping, linen services and organized social services. Also called
"retirement home" or "convalescent home."
The space between the ceiling beams of the top story and
the roof rafters.
Stores that sell new or refurbished automobile parts, tires
and accessories. May also include minor parts installation. Does not
include tire recapping establishments or businesses dealing exclusively
in used parts.
A building or structure used for the retail sale of fuel
and lubricants for motor vehicles. A gas station shall not include
vehicle repair, oil change or lubrication, automobile laundry, or
any other service to motor vehicles, nor shall it include a bulk fuel
distribution facility.
Any activity involving the general repair, rebuilding or
reconditioning of engines, motor vehicles or trailers; collision servicing,
including body, frame or fender straightening or repair; overall painting
or paint shop; vehicle rust-proofing and similar activities.
A structure or structures and space combined and used solely
for servicing motor vehicles with the usual operating commodities,
such as gasoline, oil, batteries, tires and other minor accessories,
or services, such as hand washing, waxing and lubricating, and in
connection with which there is no major repair or refinishing of motor
vehicles, except that the repair of tires, lights, changing of batteries,
or minor automobile repairs and adjustments shall be permitted.
A building, or portions thereof, the purpose of which is
to manually or automatically wash vehicles.
Retail establishments selling and/or renting automobiles,
trucks, vans, motorcycles, mobile homes, recreation vehicles, and/or
boats. May also include repair shops and the sales of parts and accessories
incidental to vehicle dealerships. Does not include the sale of auto
parts/accessories separate from a vehicle dealership; bicycle and
moped sales; tire recapping establishments; businesses dealing exclusively
in used parts or service stations.
An architectural projection that provides weather protection,
identity or decoration and is wholly supported by the building to
which it is attached. An awning is comprised of a lightweight rigid
skeleton structure over which a covering is attached.
An establishment primarily engaged in the retail sale of
baked products for consumption off site. The products may be prepared
either on or off site.
Financial institutions, including banks and trust companies,
credit agencies, holding (but not primarily operating) companies,
lending and thrift institutions, other investment companies, securities/commodity
contract brokers and dealers, security and commodity exchanges, vehicle
finance (equity) leasing agencies.
A location serving food to persons attending private parties
that does not include restaurant services to the general public.
Any bar, cocktail lounge, discotheque, or similar establishment,
which may also provide live entertainment (music and/or dancing, comedy,
etc.) in conjunction with alcoholic beverage sales. These facilities
do not include bars that are part of a larger restaurant. Includes
bars, taverns, pubs and similar establishments where any food service
is subordinate to the sale of alcoholic beverages. May also include
the brewing of beer as part of a brewpub or microbrewery.
A portion of a building located totally below, or partly
below and partly above, grade, where the vertical distance from grade
to the floor below is greater than the vertical distance from grade
to ceiling.
A use which is subordinate to the main use of the dwelling
unit as a single-family residence, which offers sleeping accommodations
to transient tenants in 10 or fewer rooms for rent, at the innkeeper's
residence in which the innkeeper resides while renting the rooms to
transient tenants and serves breakfast at no extra cost to its transient
tenants.
A private or commercial activity where hives are kept on
a lot or parcel.
Any commercial sign (see definition) for hire or lease for
general advertising purposes, including any display by painting, posting
or affixing on any surface a picture, emblem, words, figures, numbers
or lettering.
The Zoning Hearing Board, which should be the body granted
jurisdiction under a land use ordinance and this chapter to render
final adjudications.
Also referred to as a lodging house, rooming house, fraternity
house, sorority house or dormitory. A dwelling having one kitchen
and used for the purpose of providing lodging, or lodging and meals,
for pay or compensation of any kind on a weekly or longer basis to
more than two persons other than members of the family occupying such
dwelling.
The Borough of Irwin.
A strip of land abutting exterior boundaries of a lot (including
any right-of-way line) and reserved solely for plant material or fencing
(if otherwise permitted), to be used as a visual, sound or privacy
barrier.
The developable area of a lot is the space remaining after
the minimum yard and open space requirements of this chapter have
been complied with.
An independent and detached structure having a roof supported
by columns or walls, or resting on its own foundation and utilized
for housing, shelter or enclosure of persons, animals, chattels or
activity sites. "Building," as used in this chapter, shall include
but shall not be limited to mobile homes, garages, greenhouses and
other accessory buildings.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, patios, terraces and steps.
The line of the face of the building nearest the front lot
line.
The vertical distance of a building measured from the average
grade level at the front line of the building to the highest point
of the roof if the roof is flat or mansard or to the average level
between the eaves and the highest point of the roof if the roof is
of any other type. Height calculation shall not include chimneys,
spires, towers, elevator and mechanical penthouses, radio antennas,
and similar projections.
The line of that face of the building nearest the front line
of the lot. This face includes porches, whether enclosed or not, patios
and similar construction, but excludes steps.
A building in which is conducted the principal use of the
lot upon which it is situated.
Retail establishments selling lumber and other large building
materials, where most display and sales occur indoors. (Includes paint,
wallpaper, glass and fixtures.) Includes stores selling to the general
public, even if contractor sales account for a major proportion of
total sales. Includes incidental retail ready-mix concrete operations,
except where excluded by a specific zoning district. Establishments
primarily selling electrical, plumbing, heating and air-conditioning
equipment and supplies are classified in "wholesaling and distribution."
Hardware stores are listed in the definition of "general retail stores"
even if they sell some building materials, as long as there is no
outdoor lumberyard.
A building or part of a building manifestly not designed
to comply with the applicable use or extent-of-use provisions in a
zoning ordinance or 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 reason of annexation. Such nonconforming structures
include, but are not limited to, nonconforming signs.
The written authority as issued by the appropriate officer
of the Borough attesting that all requirements of the Pennsylvania
Uniform Construction Code (UCC) have been met, thereby permitting
work to commence in construction, moving, alteration or use of a structure
in conformity with the provisions of this chapter.
The distance between the lot line and the nearest point of
any building or structure, including such things as a building fascia
and soffit, overhangs and bay windows, provided, however, the distance
shall be measured from the street right-of-way on any lot line abutting
a public street or private road.
The line situated at ground level, being parallel to the
lot line or street right-of-way line, which defines the actual distance
of the nearest point of a building or structure from a street or property
line.
The line situated at ground level, parallel to the street
right-of-way line or property line, which defines the part of a lot
within which no part of a building or structure shall project or be
located except as otherwise provided by this chapter.
An exterior load-bearing or non-load-bearing vertical structure
that encompasses the area between the final grade elevation and eaves
of the building and is used to enclose the space within the building.
A porch, balcony or stoop is part of the building structure and may
be considered as a building wall.
An alignment established a certain distance from the front
property line to a line along which the building shall be built.
Standards that control the height, density and location of
structures.
Engagement in the purchase, sale, barter or exchange of goods,
wares, merchandise or services; the maintenance or operation of offices;
or recreational and amusement enterprises for profit. See also "establishment."
The diameter of a tree measured at 4.5 feet above the top
of the root ball. In the case of a multi-stem tree, the caliper is
determined by the average of the stems.
An architectural projection that provides weather protection,
identity or decoration and is supported by the building to which it
is attached and at the outer end by not less than one stanchion. A
canopy is comprised of a rigid structure over which a covering is
attached. See also "sign" and "awning."
A deciduous tree, either single-stemmed or multi-stemmed
(clump form), which has a caliper of at least two to 2.5 inches at
planting and is of a species which, at maturity, can be expected to
reach a height of at least 30 feet.
Permanent, drive-through, self-service and/or attended car
washing establishments, including fully mechanized facilities. May
include detailing services. Temporary car washes are fund-raising
activities, typically conducted at a commercial business, where volunteers
wash vehicles by hand and the duration of the event is limited to
one day.
A usable covered space of not less than 10 feet by 20 feet
for storage of private automobiles, located independently on the lot
so as to meet the requirements of this chapter for an accessory building
or, if attached to the main building, to meet all requirements applicable
to the main building.
Land used for the permanent burial of the dead and dedicated
for cemetery purposes, including crematories, columbarium and mausoleums.
A child-care facility in which seven or more children who
are not related to the operator receive child care. Such a facility
must meet all licensing requirements of the Pennsylvania Department
of Welfare.
A building where persons regularly assemble for religious
worship and/or study, which is maintained and controlled by a religious
body organized to sustain public worship, together with all accessory
buildings and uses customarily associated with the primary purpose.
Includes church, synagogue, temple, mosque or other such place for
worship and religious activities.
An area of unobstructed vision at street intersections or
street and driveway intersections defined by lines of sight between
points at a given distance from the intersection of street and/or
driveway lines.
Removal of an entire stand of trees, shrubs and other vegetation.
An association of persons with limited or restricted membership
operating structures for the use of members and their guests.
The mounting of one or more WCFs, including antennas, on
an existing tower-based WCF or on any structure that already supports
at least one non-tower WCF.
[Added 3-8-2017 by Ord.
No. 949]
Engaging in a business, enterprise, activity or other undertaking
related to or connected with trade and traffic or commerce in general.
A service building within a land development containing civic
and recreational facilities.
A residence in which around the clock residential and supportive
care is provided to one or more individuals, not to exceed one resident
per bedroom with a maximum of four residents, with an intellectual
disability or autism.
[Added 10-13-2021 by Ord. No. 999]
Any legal land use that is not specifically listed in the
Table of Land Uses[1] but is determined by the Zoning Officer to be comparable
to at least one use listed in the table. Comparable uses shall be
permitted upon approval of a special exception by the Zoning Hearing
Board according to the provisions included in this chapter.
Manufacturing establishments producing bulk concrete, concrete
building block, brick and all types of precast and prefab concrete
products. Also includes ready-mix concrete batch plants, lime manufacturing,
and the manufacture of gypsum products, including plasterboard. A
retail ready-mix concrete operation as an incidental use in conjunction
with a building materials outlet is defined under "building materials
stores and yards."
An agreement or correspondence between matters being compared
which denotes a reasonable, rational, similar connection or relationship.
Any retail establishment with a floor area of less than 3,000
square feet offering for sale a limited line of groceries and household
items intended for the convenience of the neighborhood. No gasoline
fuel sales are permitted on site.
A building containing more than one dwelling unit, which
was created by dividing a single-family dwelling into two or more
dwellings.
The Borough Council of Irwin Borough.
Westmoreland County, Pennsylvania.
A restriction on the use of land set forth in a written document
or plat. The restriction runs with the land and is binding upon subsequent
owners of the property.
A state-licensed facility which provides nonmedical care,
protection and supervision to more than 14 children less than 18 years
of age on a less than twenty-four-hour basis. A commercial or nonprofit
child day-care facility includes infant centers, preschools, sick-child
centers, and school-age day-care facilities. These may be operated
in conjunction with business, school or church facilities or as an
independent land use.
Final adjudication of any board or other body granted jurisdiction
under any land use ordinance or this chapter to do so, either by reason
of the grant of exclusive jurisdiction or by reason of appeals from
determinations. All decisions shall be appealable to the court of
common pleas of the county and judicial district wherein the Borough
lies.
A structure without a roof, directly adjacent to a principal
building, which is elevated at least six inches above grade.
The total number of dwelling units situated on or to be developed
on a lot divided by the total lot area. The total lot area shall be
calculated by taking the gross acreage and subtracting surface water,
undevelopable lands (e.g., wetlands) and the area in rights-of-way
for streets and roads.
The granting of allowance of additional density in a development
in exchange for the provision by the developer of other desirable
amenities from a public perspective (e.g., public open spaces, plazas,
art, landscaping, etc.), as approved in writing by the Zoning Hearing
Board.
Final action by an officer, body or agency charged with the
administration of any land use ordinance or applications thereunder,
except the following:
The Borough Council.
The Zoning Hearing Board.
The Planning Commission, only if and to the extent the Planning
Commission is charged with final decision on preliminary or final
plans under the subdivision and land development or planned residential
development ordinances. Determinations shall be appealable only to
the boards designated as having jurisdiction for such appeal.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or land development.
Any man-made change to improved or unimproved land, including
but not limited to the construction, reconstruction, conversion, structural
alteration, relocation, enlargement or use of any structure or parking
area; any mining, excavation, dredging, filling, grading, drilling
or any land disturbance; or any use or extension of the use of the
land.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities.
A network of spatially separated antenna sites connected
to a common source that provides wireless service within a geographic
area or structure.
[Added 3-8-2017 by Ord.
No. 949]
Areas within the Borough as delineated on the Official Zoning
Map, which illustrates the locations where community facilities such
as public buildings, public recreational uses and related structures
and uses are permitted in accordance with this chapter.
One of the several divisions into which this chapter divides
the Borough for the purpose of regulating land use.
A commercial facility which provides a service directly to
a motor vehicle or where the customer drives a motor vehicle onto
the premises and to a window or mechanical device through or by which
the customer is serviced without exiting the vehicle. This shall not
include the selling of fuel at a gasoline filling station or the accessory
functions of a car wash facility such as vacuum cleaning stations.
A form of access, which is not a street but extends from
a street to provide vehicular access to a residential lot.
A building or portion thereof intended to be used as a permanent
residence by one or more individuals or a single family, whether owner-occupied
or leased or otherwise rented, including single-family dwellings,
garden dwellings, townhouses, conversion dwellings and mobile homes,
but not including hotels, motels or any establishments for transient
residents.
A residential dwelling unit located on the second or higher
floors of a building whose principal use is commercial and is located
on the first floor.
An attached building (e.g., duplex) designed for occupancy
by two families living independently of each other, where both dwellings
are located on a single lot.
A structure that is transportable in one or more sections,
built on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the federal mobile home construction and safety standards and rules
and regulations promulgated by the United States Department of Housing
and Urban Development and to the rules and provisions and restrictions
of any laws passed by the Commonwealth of Pennsylvania, County of
Westmoreland or the Borough of Irwin.
A building containing primarily residential uses with subordinate
amounts of commercial uses that are usually located on the ground
floor. In most cases, the commercial uses shall be located in the
front of the building facing the primary street frontage.
A freestanding building containing three or more dwelling
units, whether they have direct access to the outside or access to
a common building entrance.
A building which contains a nonresidential use on the ground
floor and a dwelling unit on the second floor above the commercial
use. The residential use on the second floor shall be subordinate
in use to the nonresidential use. If the residential use contains
more gross floor area than the nonresidential use, it shall be considered
as a mixed-use dwelling.
A freestanding residential building designed for and/or occupied
exclusively by one living unit that includes one kitchen and permanent
provisions for living, sleeping, eating, sanitation and parking. This
classification includes manufactured homes which are transportable
in one or more sections, which in the traveling mode is eight body
feet or more in width, or 40 body feet or more in length or, when
erected on site, is 320 or more square feet, and which is built on
a permanent chassis and designed to be used as a dwelling with or
without a permanent foundation when connected to the required utilities,
and includes the plumbing, heating, air-conditioning, and electrical
systems contained therein.
A condition that:
The erection, construction, alteration or maintenance by
public utilities, municipal departments or commissions of facilities,
including buildings necessary for the furnishing of adequate services
for the public health, safety or general welfare.
A tree, either single-stemmed or multi-stemmed (clump form),
which is a minimum of six feet tall at planting and is of a species
which at maturity can be expected to reach a height of at least 20
feet.
That portion of any exterior elevation on the building extending
from grade to top of the parapet, wall or eaves and the entire width
of the building elevation.
Exterior walls of a building which are adjacent to or front
on a public street, park or plaza. There may be more than one principal
facade on a building.
[Amended 10-13-2021 by Ord. No. 999]
One or more persons who live together in one dwelling unit and
maintain a common household, and may consist of a single person or
of two or more persons related by blood, marriage or adoption.
A group of not more than four persons who need not be related
by blood or marriage or adoption, living together as a single housekeeping
unit in a dwelling unit and sharing common facilities as considered
reasonably appropriate for a family related by blood, marriage or
adoption.
For purposes of this chapter, "family" shall not include, nor
shall it be interpreted to include or encompass, a community home,
a group care facility or similar functions or activities which supply
room or board, or room and board, to one or more persons who are residents
by virtue of receiving services, such as health, social rehabilitative,
general supervision or similar services, functions or activities,
irrespective of whether or not they are provided by governmental agencies,
their licensed or certified agents, responsible nonprofit social service
agencies or corporations, profit-oriented organizations or private
individuals.
A private residence where care, protection and supervision
are provided for a fee at least twice a week to no more than six children
at one time, including the children of the provider. Care must be
for less than 24 hours per day. Such a facility must meet all the
licensing requirements of the Pennsylvania Department of Public Welfare.
A specific operation separate and distinct from any other
operation in the location occupied and in the kind of fast order food
sold, and which has as its primary business the sale to the public
of fast order food for consumption on or off the premises, and does
not meet all of the following conditions:
Provision of nondisposable plates, cups and utensils to all
patrons;
Availability of printed individual menus for all patrons;
Provision of 75% of the seating in the premises at freestanding
tables, rather than at counters; and
At least 80% of the revenue from food sales is attributable
to food consumed on the premises.
Food which is: a) primarily intended for immediate consumption
rather than for use as an ingredient in or component of meals; b)
available upon a short waiting time; and c) packaged or presented
in such a manner that it can be readily eaten outside the premises
where it is sold.
Federal Communications Commission.
[Added 3-8-2017 by Ord.
No. 949]
A structure, partition, wall, hedge, arrangement of plant
materials or other objects intended or utilized to circumscribe, designate,
delineate, define or in some manner enclose an area or some feature
or element thereon. For purposes of this chapter, any vegetation three
feet or more in height which is arranged in a sequential manner over
a lineal distance of six feet or more shall be deemed a "fence."
Sand, gravel, earth or other materials of any composition
whatsoever placed or deposited by humans for purposes of creating
a new elevation of the ground.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the unusual and rapid accumulation
of runoff of surface waters from any source.
The portion of the one-hundred-year floodplain outside the
floodway and as defined by the most recent Flood Insurance Rate Map.
The channel of a river or other watercourse and the adjacent
land area that must be reserved to discharge a one-hundred-year flood
and as defined on the Flood Insurance Rate Map (FIRM).
The sum, in square feet, of the gross horizontal areas of
all floors of a building, as measured from the exterior walls [except
in Subsection B(8) and (9) below where only interior space shall be
measured and in Subsection A(8) where the area of the parking facility
shall be measured] of a building or the center line of party walls
between buildings.
Gross floor area shall include:
Roofed porches and balconies whether enclosed or unclosed;
Unroofed porches and balconies above the third floor;
Elevator shafts and stairwells on each floor not excluded in Subsection B(6) below;
Attic space, whether finished or unfinished, within the area of a horizontal plane that is five feet above the attic floor and which touches the side walls and/or the underside of the roof rafters and which is not excluded in Subsection B(5) below;
Interior balconies, mezzanines, and penthouses;
Area of parking facilities in structures except as excluded in Subsection B(2) below; and
Any accessory parking spaces not in aboveground structures if
in excess of the maximum number permitted on the premises.
Gross floor area shall not include:
Areas used for off-street loading purposes;
Area of parking facilities in structures located underground
and the area of on-grade open parking spaces outside the building
footprint at or below the maximum number permitted on the premises;
Basement and cellar areas devoted to the operations and maintenance
of the building, such as heating and cooling equipment, electrical
and telephone facilities, and fuel storage;
Open and latticework fire escapes;
Unroofed porches and balconies no higher than the third floor;
Attic space and other areas devoted to elevator machinery or
mechanical equipment necessary for the operation of the building;
Elevator shafts and stairwells on floors where there is no other
area which qualifies to be included in gross floor area;
Attic space not otherwise included in Subsection A(4) above; and
Basement and cellar spaces with less than seven feet of ceiling
height measured from the floor to the line of the bottom of the floor
joists, or to any subfloor or finished surface above any floor joists
that are spaced not less than four feet on center, and further provided
that the basement or cellar is not a story above grade as defined
in the State Building Code.
The total floor area designed for tenant occupancy and exclusive
use, including basements, mezzanines, and upper floors, if any, expressed
in square feet and measured from the center line of joint partitions
and from outside wall fences.
The ratio of gross floor area of a structure to the total
area of the lot.
Manufacturing establishments producing or processing foods
and beverages for off-site human consumption. Large-scale operations
would include more than 10 employees, while smaller-scale operations
may be related to specialty/craft foods or people living in a live/work
situation. Includes bakeries (wholesale), bottling plants, breweries,
candy, sugar and confectionery products manufacturing, catering services
separate from stores or restaurants, coffee roasting, dairy products
manufacturing, fats and oil product manufacturing, fruit and vegetable
canning, preserving, related processing, grain mill products and by-products,
meat, poultry and seafood canning, curing, by-product processing,
soft drink production, miscellaneous food item preparation from raw
products. May include tasting and accessory retail sales of beverages
produced on site. Does not include bakeries which sell all products
on site, which are included in the definition of "general retail stores,"
or beer brewing as part of a brewpub, bar or restaurant (see "bars
and nightclubs").
The management of forests and timberlands when practiced
in accordance with accepted agricultural principles, through developing,
cultivating, harvesting, transporting and selling trees for commercial
purposes, which does not involve any land development. All activities
must also comply with any and all laws, statutes and ordinances of
the United States of America, the Commonwealth of Pennsylvania, County
of Westmoreland and/or the Borough of Irwin.
The front lot line of a parcel that abuts a public right-of-way.
The length of a front building facade.
Funeral homes and parlors where the deceased are prepared
for burial or cremation and in which funeral services may occur.
A "private garage" is an accessory building with area for
housing motor-driven vehicles, the property of and for the use of
the occupants of the lot on which the garage is located. A "public
garage" is any garage other than a private garage as defined herein,
available to clients, operated for gain, and which is used for storage,
repair, rental, lubricating, washing and servicing or equipping of
motor vehicles.
A building, other than a private garage, used for the care,
repair or equipment of motor vehicles, or where such vehicles are
parked or stored for remuneration, hire or sale.
A multifamily residential building, not exceeding three stories
in height, in which units are arranged side to side, back to back
or one above another, which may have either private external entrances
or common hall access, and which may have either private or common
exterior lot area.
Establishments providing for the cultivation and sale of
ornamental trees, shrubs and plants, including the sale of garden
and landscape materials (packaged and/or bulk sale of unpackaged materials)
and equipment, including but not limited to lawn mowers, tillers and
edgers, shovels, hoes, rakes, hoses, wheelbarrows.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls.
An area, building, structure for the storage of live trees,
shrubs or plants offered for retail sale on the premises, including
products for gardening or landscaping. The definition of greenhouse
or nursery, within the meaning of this chapter, does include any space,
building or structure used for the sale of fruits, vegetables or Christmas
trees.
A retail business where the majority of the floor area open
to the public is occupied by food products packaged for preparation
and consumption away from the site of the store. These full-service
businesses do not typically have limited hours of operation.
A hardship by reason of exceptional lot shape, exceptional
topographic conditions, or other exceptional physical conditions of
a parcel of land. "Unnecessary hardship" shall not include personal
or financial hardship or any other hardship that is self-imposed.
A facility engaged in the retail or wholesale sale of various
basic hardware that shall include, but not be limited to, tools, builders'
hardware, plumbing and electrical supplies, paint and glass, housewares
and household appliances, garden supplies and cutlery.
See "building height."
The vertical distance measured from the ground level, including
any base pad, to the highest point on a tower-based WCF, including
antennas mounted on the tower and any other appurtenances.
[Added 3-8-2017 by Ord.
No. 949]
A multifamily building of four or more stories.
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 or commercial activity 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 or wholesale 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.
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.
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.
The business activity shall be conducted only within the dwelling
and may not occupy more than 25% of the habitable floor area.
The business may not involve any illegal activity or any activity prohibited by Article XVIII of this chapter.
An institution for the purpose of caring for persons admitted
thereto for diagnosis, medical, surgical or restorative treatment
which is rendered in said institution. The institution must have and
maintain all current permits required by the laws and statutes of
the United States of America and the Commonwealth of Pennsylvania.
Related family members living together in a single dwelling
unit with common access to, and common use of, all living and eating
areas and all areas and facilities for the preparation and storage
of food within the dwelling unit.
Any animal or bird, other than inherently dangerous mammals/reptiles,
livestock, large or small animals and animals or birds considered
to be predatory or wild, which normally lives in or is kept in a residence.
Household pets shall be considered a normal accessory use in residential
districts, provided there are no more than five animals in a residence.
Heating, venting, air-conditioning unit.
Surfaces that do not absorb water or similar liquids. Examples
of such surfaces include buildings and concrete or asphalt parking
areas, roads, sidewalks or driveways.
Any man-made immovable item that becomes part of, is placed
on, or is affixed to real estate.
Predominantly participant sports and health activities conducted
entirely within an enclosed building, with the exclusion of secondary
uses such as a spa, pool, basketball court, or tennis court. Typical
uses include bowling alley, billiard parlor, ice/roller skating rinks,
indoor racquetball courts, indoor climbing facilities, soccer areas,
athletic clubs and health clubs.
Any live member of the canidae, felidae or ursidae families,
including hybrids thereof, which due to its nature may be considered
dangerous to humans, and which includes the following:
Canidae, including any member of the dog (canid) family not
customarily domesticated by man, or any hybrids thereof, but not including
domestic dogs (Canis lupus familiaris) or wolf hybrid which are a
cross between a wolf and a domestic dog.
Felidae, including any member of the cat family not customarily
domesticated by man, or any hybrids thereof, but not including domestic
cats (Felis catus).
Ursidae, including any member of the bear family, or any hybrids
thereof.
Any live member of the class of reptilia, which:
Is venomous, including, but not necessarily limited to all members
of the following families: Helodermidae; Viperidae; Crotalidae; Altractaspidae;
Hydrophilidae; and Elapidae; or
Is a "rear fanged" snake of the family Colubridae that are known
to be dangerous to humans, including, but not necessarily limited
to, all members of the following families: Dispholidus typus; Thebtornis
kirtlandii; and Rhabdophis spp; or
Is a member of the order of Crocodilia (crocodiles, alligators
and caiman); or
Is a constricting snake of the family Boidae, including but
not limited pythons and boa constrictors.
The use of land or structures for the nonprofit charitable,
benevolent, spiritual, instructional or custodial activities of government,
education, religious, health care, social service, fraternal/sorority
or similar organizations.
A species that has become a weed pest; a plant which grows
aggressively, spreads and displaces other plants. Generally invasive
species are plants that are not native to North America, spread quickly,
reproducing by roots or shoots, mature quickly, can grow in many different
conditions and be exploiters and colonizers of disturbed ground. For
the purposes of this chapter, "invasive species" shall be those defined
as serious or moderate threats to Pennsylvania's noninvasive plant
species as established by Pennsylvania Department of Conservation
and Natural Resources.
An establishment or place of business, any part of which
is maintained, operated or used for storing, keeping, buying, selling
or processing of nonputrescible junk, scrap, salvage or recyclable
materials, including the maintenance or operation of an automobile
graveyard. This definition includes scrap metal processors, auto-wrecking
yards, salvage yards, scrap yards, auto-recycling yards, used auto
parts yards and temporary storage of automobile bodies and parts awaiting
disposal as a normal part of a business operation when the business
will continually have like materials located on the premises.
Any structure, pen or area set aside for the keeping, boarding,
grooming, breeding or showing of dogs, cats or similar household domestic
animals. For the purpose of this chapter, the keeping of four or more
such animals for economic gain shall be deemed as a commercial kennel
and shall be only permitted and maintained according to this and other
provisions of this chapter.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land or anyone named
or designated grantee on any legal instrument recorded in the office
of the Recorder of Deeds of Westmoreland County, Pennsylvania.
A portion of the site or property containing vegetation to
exist after construction is completed. Landscaped areas include, but
are not limited to, natural areas, buffers, streetscapes, lawns and
plantings.
An area of landscaping separating two distinct land uses,
or a land use and a public right-of-way, and acts to soften or mitigate
the effects of one land use on the other.
Open area devoted primarily to trees, grass, shrubs or plants
to soften building lines, provide shade and generally produce a pleasing
visual effect on the premises. As complementary features, fountains,
pools, screens, decorative lighting, sculpture or outdoor furnishings
may be placed within the area.
Service establishments engaged primarily in high-volume laundry
and garment services, including laundries; garment pressing and dry
cleaning; linen supply; diaper service; industrial laundries; and
on-site carpet and upholstery cleaners. Does not include coin-operated
laundries or dry cleaning pickup stores without dry cleaning equipment.
A business which provides for the hire and use on the premises
of self-service washing, drying and/or ironing machines.
A public or quasi-public facility in which literary and artistic
materials, such as books, periodicals, newspapers, pamphlets, prints,
records and tapes, are kept for reading, reference or lending, and
which are generally noncommercial in nature.
A store whose primary business is to sell alcoholic beverages
for consumption elsewhere as licensed by the State of Pennsylvania.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a vehicle while loading or unloading merchandise, materials or persons,
and which has ingress and egress upon a street, alley or other appropriate
means of access.
A dwelling where lodgings are let to four or more persons
not within the second degree of kinship to the person conducting it,
including fraternity housing but not including dormitories or charitable,
educational or philanthropic institutions.
A residential, single-family apartment unit above presently
existing established commercial building, where commercial activities
are carried out on the first floor.
The graphic or pictorial presentation of a message, including,
but not limited to, the use of shapes, designs, decorations, emblems,
trademarks, symbols or illustrations, or the superimposition of letters
or numbers or any other use of graphics or images other than the sequential
use of letters and numbers.
A piece, parcel or tract of land in identical ownership throughout,
having definite boundary lines as specified in a legally recorded
deed, which is designated by its owner to be used, developed or built
upon as a unit.
A lot located at the junction of two or more intersecting
streets, having an interior angle of less than 135°, with a boundary
line bordering on two of the streets. Also called "double frontage"
lots.
A measure of land use that represents the portion of a site
that is impervious. This portion includes, but is not limited to,
all areas covered by buildings, parking structures, driveways, roads,
sidewalks and any area of concrete or asphalt.
The horizontal distance between the front and rear lot lines
measured in the mean direction of the side lot lines.
That boundary line of a lot which is along an existing or
dedicated public street or, where no public street exists, is along
a public way. The front lot line of a corner lot is along the street
on which the principal building faces.
A line most distant and opposite from the front lot line;
where the lot is irregular, a line perpendicular to the mean direction
of the side lot lines and at least 10 feet in length within the lot.
Any boundary line of a lot which is not a front or rear lot
line.
A lot the area or dimension of which was lawful prior to
the adoption or amendment of a zoning ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption or amendment.
See "lot."
A lot that has been created through the subdivision of a parcel of land on which a permitted development is constructed as defined under § 260-10, Zoning Districts, as above set forth.
A lot other than a corner lot with frontage on more than
one street. Through lots abutting two streets may be referred to as
"double frontage" lots.
The horizontal distance between the side lot lines measured
perpendicular to the mean direction of the side lot lines.
A roof-like structure that cantilevers from the wall of a
building over its principal entrance, that has no vertical supports
other than the wall from which it cantilevers, and that provides a
wall surface at least four feet high, generally constructed for purposes
of containing a sign.
Any establishment which provides the services of massage
unless operated by a medical practitioner, chiropractor or professional
physical therapist licensed by the State of Pennsylvania. The definition
does not include an athletic club, gymnasium or spa where massage
is offered as an incidental or accessory service. A massage establishment
is classified as an adult business.
Marijuana for certified medical use as set forth in the Medical
Marijuana Act, Act No. 16 of 2016, as amended.[3]
[Added 6-14-2017 by Ord.
No. 952]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health of the commonwealth
to dispense medical marijuana.
[Added 6-14-2017 by Ord.
No. 952]
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the Department of Health of the commonwealth to
grow and process medical marijuana.
[Added 6-14-2017 by Ord.
No. 952]
A medical marijuana dispensary or medical marijuana grower/processor.
[Added 6-14-2017 by Ord.
No. 952]
A permit issued by the Department of Health of the commonwealth
authorizing a medical marijuana organization to conduct activities
under the Medical Marijuana Act, Act No. 16 of 2016.[4]
[Added 6-14-2017 by Ord.
No. 952]
A facility primarily engaged in furnishing outpatient medical,
mental health, surgical and other personal health services, but which
are separate from hospitals, including medical and dental laboratories,
medical, dental and psychiatric offices, outpatient care facilities,
and other allied health services. Counseling services by other than
medical doctors or psychiatrists are included under "offices."
Establishments engaged primarily in the assembly of metal
parts, including the following uses that produce metal duct work,
tanks, towers, cabinets and enclosures, metal doors and gates, and
similar products: blacksmith and welding shops, sheet metal shops,
machine shops and boiler shops.
A licensed facility for counseling of patients and the distribution
of methadone for outpatient nonresidential purposes only. A methadone
treatment clinic or facility is not a medical clinic or substance
abuse treatment facility.
A facility that provides on-site commercial entertainment
in the form of a novelty version of golf played with a putter and
golf ball on a miniature course and featuring obstacles such as alleys,
bridges and tunnels.
A transportable, single-family dwelling intended for temporary
and/or 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 and incidental unpacking
and assembly operations, and constructed so that it may be used without
a permanent foundation.
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.
A WCF or site which consists of a single pole structure,
designed and erected on the ground or on top of a structure, to support
communications antennas and connecting appurtenances.
[Added 3-8-2017 by Ord.
No. 949]
A business that manufactures and/or engraves grave markers,
headstones, cornerstones or other stone markers.
Facility with guest rooms or suites provided with or without
a kitchen facility, rented to the general public for transient lodging
(less than 30 days). Generally, hotels provide access to most guest
rooms from an interior walkway or hallway, and typically include a
variety of services in addition to lodging; for example, restaurants,
meeting facilities, personal services, etc. Generally motels provide
access to most guest rooms from an exterior walkway. Both may include
accessory guest facilities such as swimming pools, tennis courts,
indoor athletic facilities, accessory retail uses, etc.
A building containing two or more dwelling units.
A building designed for and occupied exclusively as a residence
for two or more families living independently of each other, including
houses separate except for common adjoining walls.
A body politic and corporate created pursuant to the Municipality
Authorities Act of the Commonwealth of Pennsylvania, as reenacted
and amended.[5]
A structure owned or leased by the municipality for the storage
and maintenance of equipment and supplies used to maintain the municipality's
infrastructure. May also contain offices and/or meeting rooms.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as reenacted and amended.[6]
The Borough of Irwin, Westmoreland County, Pennsylvania.
A public or quasi-public institution of a noncommercial nature
that procures, cares for, studies and displays objects of lasting
interest or value. Examples of museums include art and historical
museums, aquariums, planetariums, botanical gardens, arboretums and
historical sites and exhibits.
The total acreage of a residential development minus areas
for transportation easements or rights-of-way where either utilities
or their supportive equipment will be on or above the surface.
See "home occupation, no-impact."
See "lot, nonconforming."
See "structure, nonconforming."
See "use, nonconforming."
A plant species not defined as invasive.
Any person(s), partnership, association, corporation or other
group legally established under federal and state law whose activities
are conducted for unselfish, civic or humanitarian motives or for
the benefit of others, and not for the gain of any private individual
group, and may include, but shall not be limited to, patriotic, philanthropic,
social service, welfare, benevolent, educational, civic, fraternal,
cultural, charitable, scientific, historical, athletic or medical
activities.
All non-tower wireless communications facilities, including,
but not limited to, antennas and related equipment. Non-tower WCF
shall not include support structures for antennas or any related equipment
that is mounted to the ground or at ground level.
[Added 3-8-2017 by Ord.
No. 949]
The showing of the human male or female genitals, pubic areas
or buttocks with less than a fully opaque covering, or the showing
of the female breasts with less than a fully opaque covering of any
portion thereof below the top of the nipple, or the depiction of covered
male genitals in a discernibly turgid state.
A facility devoted primarily to the treatment and care of
persons suffering from illness, disease, deformity or injury not requiring
the intensive care that is normally provided by hospitals, but who
do require care in excess of room and board and who need medical,
nursing, convalescent or chronic care. Institutions primarily for
treatment and care of mentally ill patients or persons recovering
from substance abuse shall not be considered nursing homes. Such facilities
shall meet all inspections and licensing requirements of the Pennsylvania
Department of Health and the Pennsylvania Department of Labor and
Industry.
Authorization issued by the Zoning Officer attesting that
the proposed use or reuse of a lot or structure is in accordance with
this chapter and may legally occur.
A building used primarily for offices that may include ancillary
services for office workers, such as a restaurant, coffee shop, newspaper,
or snack stand.
Offices of finance businesses providing direct services to
consumers (companies, utility companies, etc.), government agency
and service facilities (post office, civic center, etc.), professional
offices (accounting, legal, employment, public relations, insurance,
real estate, etc.), and offices engaged in the production of intellectual
property (advertising, architectural, computer programming, photography
studios, etc.). These do not include medical offices, temporary offices,
or offices that are incidental and accessory to another business that
is the primary use.
The Zoning Map for the Borough of Irwin adopted by ordinance
pursuant to the MPC.[7]
A landscaped area of land associated with and located on
the same tract of land as a major building or group of buildings in
relation to which it serves to provide light and air, or scenic, recreational
or similar purposes. "Green area open space" shall be open and unobstructed
to the sky, it shall be land at grade, and shall consist of friable,
permeable materials (including but not limited to loam, gravel, sand,
crushed stone, and including naturally occurring soil, bedrock, and
incidental pipes and other underground utilities) having a minimum
depth of three feet. Said land shall be capable of supporting the
growth of trees, grass, ground cover, shrubs and similar vegetation.
Such area may not include any portion of the lot used for parking
areas and access drives or other hard surface areas, except walks
and terraces designed and intended for nonvehicular use. However,
in no case shall hard-surfaced walks and terraces or pervious ground
covers like gravel, stone and wood chips not being used as mulch beneath
vegetation exceed 25% of the total required green area open space.
A kind of green area open space (as defined above) in which
the surface material must be permeable but which surface material
is not limited or restricted as to type. That surface material may
include vegetation, rocks, pebbles, wood chips and similar landscaping
materials, or unit pavers. All other materials (for example, continuously
poured asphalt or concrete) are not allowed except that any material
may be used for pedestrian walkways not exceeding 48 inches in width
or half the width of the area in which they are located, whichever
amount is less.
An area owned or controlled by the Borough of Irwin or other
public entity that is intended for public use, that is open to the
sky and that is designed for either environmental, scenic or recreation
purposes. "Public open space" may include but is not limited to lawns,
decorative plantings, interior walkways, abutting sidewalks, active
and passive recreation areas, playgrounds, fountains and public performance
areas. "Public open space" shall not include rooftop areas, patios,
balconies, parking lots, or driveways. Limited paved surfaces may
be designed to accommodate occasional use by motor vehicles servicing
the park facility. If the facility is not held in fee simple by the
Borough of Irwin or other public entity, the public open space may
be land remaining in private ownership but protected for public use
by means of a permanent easement, conservation restriction, or other
similar legal device acceptable to the Borough of Irwin.
A portion of a structure, a lot or other area of land associated
with and adjacent to a building or group of buildings in relation
to which it serves to provide light and air or scenic, recreation,
pedestrian amenity or similar purposes. Such space shall be customarily
available or shall be readily visible to occupants and visitors, though
physically inaccessible, by being located and treated to enhance the
amenity of the development through a general appearance of openness.
Publicly beneficial open space shall include parks, plazas, lawns,
landscaped areas, decorative plantings, and active and passive recreational
areas. Publicly beneficial open space shall also include loggias,
atriums, arcades and pedestrianways. Streets, parking lots, driveways,
service roads, loading areas, and areas normally inaccessible to pedestrian
circulation beneath pedestrian bridges, decks or shopping bridges
shall not be counted in determining required publicly beneficial open
space.
The part or parts of a lot or structure which are reserved
for the use of occupants of a building which is used wholly or in
part for residential purposes. This space shall have minimum dimensions
as prescribed in the chapter, shall exclude parking areas, driveways
and walkways, and shall be open and unobstructed to the sky. Trees,
plantings, arbors, fences, flagpoles, sculptures, fountains and recreational
and drying apparatus and similar objects shall not be considered obstructions
when located within a usable open space. To the extent permitted in
this chapter, balconies and roof areas may also be considered as usable
open space.
Every person who, alone or jointly or severally with others,
a) has legal title as grantee or so designated by the court to any
land, building or structure; or b) has care, charge or control of
any land, building or structure in any capacity including but not
limited to agent, executor, executrix, administrator, administratrix,
trustee or guardian of the estate of the holder of legal title; or
c) lessee under a written letting agreement; or d) mortgagee in possession;
or e) agent, trustee or other person appointed by the courts.
Service establishments in the business of storing operative
cars, trucks, buses, recreational vehicles, and other motor vehicles
for clients. Includes both day use and long-term public and commercial
garages, parking lots and structures, except when accessory to a primary
use. (All primary uses are considered to include any customer or public
use off-street parking required by this chapter.) Includes sites where
vehicles are stored for rental or leasing. Does not include dismantling
yards.
A space in a garage or parking area reserved for the parking
of only one automobile.
A space in a garage or parking area reserved exclusively
for an automobile registered with the state with handicapped license
plates or displaying an official state-issued handicapped placard.
Each handicap parking space shall have a sign prominently displayed
notifying the public that the space is "reserved for the handicapped."
An area wholly outside any public right-of-way, constructed
to accommodate the parking of vehicles as required by this chapter.
The parking storage space for a vehicle that is located within
the street right-of-way.
A parking lot, whether free or for compensation, and available
for private use or as an accommodation for clients or customers that
is the sole use of a parcel and provides parking accessory to a use
on a separate parcel.
Parks, play lots, playgrounds, amphitheaters and athletic
fields for noncommercial neighborhood or community active recreational
use, including tot-lots within apartment complexes.
A level surfaced area directly adjacent to a principal building
without walls or a roof. A patio may be constructed of any material
or combination of materials and is typically constructed at grade
level or slightly higher.
Ground surface covered with cobblestones, clay-fired bricks,
concrete precast paver units, poured concrete with or without decorative
surface materials, blacktop, or other asphalt or rubber mixture which
may include sand or gravel as an ingredient and which creates a hard
surface. A graded natural surface or one covered with rolled stone
or overlaid with loose gravel is not considered a paved surface.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, which is suspended from a
rope, wire, string or pole, usually in series, and which is designed
to move in the wind.
See "building permit."
See "occupancy permit."
A use which is deemed to be compatible with other uses in
the district in which it is proposed to be located and with the purposes
of that district, and which is allowed to locate there after issuance
of a permit by the Zoning Officer.
See "zoning permit."
An individual, heirs, executors, administrators or assigns,
and also includes a firm, partnership or corporation, its or their
successors or assigns, or the agent of any of the aforesaid.
A location in a residentially zoned district in which there
is caretaking of no more than two persons that is operated by a family
member or other party on a nonprofit basis.
A use that provides a personal service that is nonmedical
and may include accessory retail sales of products related to the
services that are provided. Examples of personal services include,
but are not limited to, the following: barber and beauty shops, clothing
and costume rental, dry cleaning pickup stores, electronics and small
appliance repair, laundromats (self-service laundries), shoe repair
shops, nail salons, and tailors.
Includes electrical, plumbing, heating and air conditioning
contractors, who must be registered and licensed with the State of
Pennsylvania, whose primary business is the installation and repair
of installed equipment rather than retail sales of supplies and equipment.
A plastic, canvas or rubber pool temporarily erected upon
the ground that is less than 12 feet in diameter and less than 24
inches deep at the point of greatest possible depth.
The building or structure which is occupied by the principal
use of the lot.
The primary, major or most important activity conducted on
the lot.
Establishments engaged in printing by letterpress, lithography,
gravure, screen, offset or electrostatic (xerographic) copying; and
other establishments serving the printing trade, including bookbinding,
typesetting, engraving, photoengraving, and electrotyping. This use
also includes establishments that publish newspapers, books and periodicals;
establishments manufacturing business forms and binding devices. Does
not include quick-print stores, which are included in "retail, general."
An association organized and operated on a nonprofit basis
for persons who are bona fide members paying dues, which association
owns or leases premises, the use of which premises is restricted to
such members and their guests, and which manages the affairs of such
association by and through a board of directors, executive committee,
or similar body chosen by the members. Food, meals and beverages may
be served on such premises, provided adequate dining room space and
kitchen facilities are available.
An easement running with the land which provides access to
more than one legally described lot.
Any office of recognized professionals, such as doctors,
dentists, lawyers, architects, engineers, artists, musicians, designers,
teachers and others who through training or license to practice are
qualified to perform services of a professional nature.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Pennsylvania Sunshine
Act (Act of October 15, 1998, P.L. 729, No. 93, 65 Pa.C.S.A § 701
et seq., as amended).
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the public hearing and the particular
nature of the matter to be considered at the public hearing. The first
publication shall not be more than 30 days and the second publication
shall not be less than seven days from the date of the hearing.
Facility operated by public agencies including fire stations,
other fire prevention and firefighting facilities, police and sheriff
substations and headquarters, including interim incarceration facilities.
An establishment engaged in the generation, transmission
and/or distribution of electricity, gas, steam, water and stormwater
management systems.
Privately owned and commercially operated facilities for
the provision of recreation, including tennis clubs, health and fitness
spas, commercial swimming pools, etc.
A vehicle built on a single chassis and designed to be self-propelled
or towed by another vehicle. A recreation vehicle is not designed
or intended for use as a permanent dwelling but as temporary living
quarters for recreational camping, travel or seasonal use. This definition
includes vehicles such as travel trailers, motor homes, boats, houseboats,
and campers as well as the trailer used to transport such vehicles.
Any piece of equipment related to, incidental to, or necessary
for the operation of a tower-based WCF or non-tower WCF. By way of
illustration, not limitation, "related equipment" includes generators
and base stations.
[Added 3-8-2017 by Ord.
No. 949]
Facility operated by religious organizations for worship
or the promotion of religious activities, including churches, mosques,
synagogues, temples, etc., and accessory uses on the same site, such
as living quarters for clergy and staff and child day care. Other
establishments maintained by religious organizations, such as full-time
educational institutions, hospitals, youth camps, homeless shelters,
and other potentially related operations are classified according
to their respective activities.
An activity that restores the character, scope, size or design
of a serviceable area, structure or land use to its previously existing,
authorized and undamaged condition. Activities that change the character,
size or scope of a project beyond the original design and drain, dredge,
fill, flood or otherwise alter additional regulated wetlands are not
included in this definition.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination.
Indoor facilities for scientific research and the design,
development and testing of electrical, electronic, magnetic, optical
and mechanical components in advance of product manufacturing that
is not associated with a manufacturing facility on the same site.
Includes chemical and biotechnology research and development. Does
not include computer software companies or medical laboratories.
A commercial establishment where food and beverages are prepared,
served and consumed primarily within the principal building.
A business having as its primary function as the supplier
of merchandise or wares to the end consumer.
Stores and shops selling multiple lines of merchandise, including
art galleries, artists' supplies, bakeries (all production in support
of on-site sales), bicycles, books, cameras and photographic supplies,
clothing and accessories, collectibles (cards, coins, comics, stamps,
etc.), department stores, drug and discount stores, dry goods, electronics
stores, fabrics and sewing supplies, florists and houseplant stores
(indoor sales only; outdoor sales are "plant nurseries"), furniture,
home furnishings and equipment, general stores, gift and souvenir
shops, hardware, hobby materials, jewelry, luggage and leather goods,
musical instruments, parts and accessories, newsstands, orthopedic
supplies, pet supplies, religious goods, specialty shops, sporting
goods and equipment, stationery, quick-print services, toys and games,
and variety stores.
A wall or terraced combination of walls used to retain more
than 18 vertical inches of material and not used to support or provide
a wall for a building or structure.
A stormwater facility that is designed to accept runoff from
a developed site and discharge it at a limited rate when the runoff
rate into the system drops below the limited rate. A specified volume
is stored indefinitely (retained) until it is displaced by runoff
from another storm.
A strip of land acquired by deed and/or agreement, reservation,
dedication, prescription or condemnation and intended to be occupied
by a street, trail, waterline, sanitary sewer, and/or other public
utility or facilities.
See "street."
A residential building where lodging is offered by prearrangement
for a definite period for compensation, but where, in contrast to
hotels and motels, such lodging is not open to transient guests.
Public, private or parochial, preschool, elementary, secondary,
junior and senior high schools; child-care facilities, nursery schools;
colleges, universities and business institutes of higher learning,
all of which may or do teach a skill or background for commercial
or private use or benefit.
Specialized schools offering instruction in the following:
arts and crafts, movement and dance, computers and electronics, drama,
driver education, language, photography, and music. Also includes
facilities, institutions and conference centers that offer specialized
programs in personal growth and development, such as fitness training
studios, gymnastics instruction and aerobics studios, environmental
awareness, sewing handicrafts, martial arts, communications, and management.
Private educational institutions, including boarding schools,
business, secretarial and vocational schools, colleges and universities,
elementary, middle, junior high and high schools, correspondence and
online schools, professional schools (law, medicine, etc.), seminaries/religious
ministry training facilities, and military academies.
A storage facility that is characterized by and secured as
private, individual separate spaces which are accessible by customers
for the storing and retrieval of personal effects and household goods.
In no case shall storage spaces be used for manufacturing, retail
or wholesale selling, office or other business services, or human
habitation.
The minimum distance that a structure can be located from
a property boundary line, thereby creating a required open space on
a lot.
Patently offensive representations or descriptions of ultimate
sexual acts, normal or perverted, actual or simulated, and patently
offensive representations, descriptions of acts of masturbation, excretory
functions, homosexuality, sodomy, sexual intercourse or physical contact
with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person be female, breasts.
Any group of two or more commercial uses which: a) are designed
as a single commercial group, whether or not located on the same lot;
b) are under common ownership or are subject to reciprocal parking
and ingress and egress agreements or easements; c) are connected by
party walls, partitions, canopies or other structural members to form
one continuous structure or, if located in separate buildings, are
interconnected by common parking areas, travel lanes, walkways or
accessways designed to facilitate customer interchange between the
uses on site; d) share common points of vehicular access; and e) otherwise
present the appearance of one continuous commercial area. For the
purpose of this chapter, a grouping of predominantly office uses which
meet the characteristics specified herein shall not be deemed to be
a shopping center.
An ornamental plant with woody stems that is at least two
gallons at planting.
Any walkway from the property line to the house or business
intended to provide pedestrian access to the building.
A paved walkway along the side of a street.
For the purposes of this chapter, a sign shall be considered
as any writing (including letter, word or numeral), pictorial representation
(including illustration or decoration), emblem (including symbol or
trademark) or any other figure, which is a structure or is attached
to a building or other structure and is used to announce, direct attention
to, or advertise.
A sign and/or supporting structure which no longer identifies
a bona fide business conducted or product sold on the premises. A
sign shall be deemed abandoned when these conditions have been in
existence for a period exceeding 90 consecutive calendar days.
A sign that uses movement or change of lighting to depict
action or create a special effect or scene, except LED displays on
restaurant menu boards.
Two or more integrally connected signs facing in opposite
directions and separated by not more than five feet.
A temporary sign, with or without characters, letters, illustrations
or ornamentations, applied to cloth, paper, flexible plastic or fabric
of any kind with only such material for backing.
A sign attached to a building.
A sign that is a part of or attached to a structural protective
cover over a door, entrance, window or outdoor service area.
Any sign designed so that letters or numbers attached to
the sign can be periodically changed to indicate a different message.
A sign bearing the names of contractors, architects, engineers
and the like, or advertising promotions, price ranges and similar
information, that is placed at a construction site that has received
development plan approval from the Borough.
Any word, letter, number or emblem affixed to the sign surface
either permanently or in removable form intended to convey a message
to the reader. Any sign intended for notice to the general public
shall be prepared and presented in the English language but may contain
a secondary or additional message in another language.
An on-premises sign that includes information assisting in
the flow of pedestrian or vehicular traffic, such as enter, exit,
and one-way.
A ground or building sign that lists tenants or occupants
of a building or project with unit numbers, arrows or other directional
information.
A sign, or portion of a sign, that is designed so that characters,
letters or illustrations can be changed or rearranged electronically
without altering the face or the surface of the sign.
A sign with a fixed or changing display/message composed
of a series of lights, wherein the sequence of message and the rate
of change is electronically programmed and can be modified by electronic
process.
A sign illuminated primarily by light directed toward or
across it or by backlighting from a source not within it.
A sign, the illumination of which is not constant in intensity
when in use and which exhibits sudden or marked changes in lighting
effects.
A sign illuminated primarily by light source incorporated
in the sign.
A sign indicating the name and address of a building or the
name of an occupant thereof and the practice of a permitted occupation
therein.
A sign erected, constructed and maintained above the eaves
of a building.
A two-sided sign not permanently attached to the ground or
some type of permanent structure; a sign connected to or located on
A or T frames; a two-sided sign attached to boards.
A sign suspended from and located entirely under a covered
porch, covered walkway, or an awning.
A temporary sign advertising or announcing a special community-wide
event or activity conducted by or sponsored by or on behalf of a unit
of local government, a charitable organization or nonprofit corporation.
A special community-wide event or activity is one that seeks to attract
donations, participants or customers from throughout the Borough.
A sign that is used for a brief period and is not permanently
mounted.
A sign indicating federal, state, municipal regulations for
automobile, truck, bicycle or pedestrian movement.
A sign painted on or attached to and extending not more than
six inches from an exterior wall in a parallel manner.
A sign applied to the inside of a glassed area.
A facility where counseling, limited short-term custodial
care or similar special services are provided to persons on a walk-in
or appointment basis under the aegis of a nonprofit agency, which
facility and special services have received prior written approval
from the Courts of Common Pleas of Westmoreland County.
A day spa is a business establishment which people visit
for personal care treatments such as massages and facials only for
the duration of the treatment. In contrast, a destination spa offers
the same services in a hotel setting where people reside for one or
more days.
A retail business selling ready-to-eat food and/or beverages
for on- or off-premises consumption as well as offering specialty
food and beverage products in a distinct category of merchandise generally
not prepared for immediate consumption, such as seafood or meat, imported
ethnic products, wine or other specialty foods. This use is distinct
from other food or beverage stores in that the type or selection of
products offered is not readily available at a convenience market,
liquor store, or grocery.
A building or a group of buildings and adjoining land used
for the housing of horses or other domestic animals owned by an individual
for the use of himself, his immediate family or friends or commercial
enterprise.
A structure constructed for residential purposes that is
licensed by state regulations; that is inclusive of a foster family
home, a foster family group home, or an adult foster care small group
home.
Camouflaging methods applied to wireless communications towers,
antennas and other facilities which render them more visually appealing
or blend the proposed facility into the existing structure or visual
backdrop in such a manner as to render it minimally visible to the
casual observer. Such methods include, but are not limited to, architecturally
screened roof-mounted antennas, building-mounted antennas painted
to match the existing structure and facilities constructed to resemble
trees, shrubs, and light poles.
[Added 3-8-2017 by Ord.
No. 949]
The portion of the building included between the surface
of any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between such floor and the ceiling
next above it.
That portion of a building between the eaves and ridgelines
of a pitched roof.
The right-of-way, including sidewalks, of a public way, or
a private way open to public use, used or intended for use by automobile
traffic, including highways, parkways, alleys, courts and squares
used or intended for this purpose, to which owners of abutting land
have a right of access. The term includes street, avenue, boulevard,
road, highway, freeway, parkway, lane, alley, viaduct or any other
ways used or intended to be used by vehicular traffic or pedestrians,
whether public or private.
The line separating a street from a lot.
A general term denoting land, property or a property interest
usually in a strip, acquired for or devoted to transportation purposes,
which has been dedicated to the public or used, taken, dedicated or
reserved as a private road.
A street, the principal function of which is to provide for
through traffic and which is designed to carry large volumes of traffic.
A street, the principal function of which is carrying traffic
from local streets to arterial streets.
A local street terminating in a turnaround.
A street used primarily for access to abutting property and
for moving local traffic.
A way that is intended to afford a means of access to abutting
lots and for moving local traffic. A private street is not owned or
controlled by a government entity.
A right-of-way dedicated to and accepted for public use which
affords a means of access to abutting property and a means of vehicular
travel, including avenues, places, ways, drives, lanes, boulevards,
highways, roads, streets or other thoroughfares. A public street is
owned or controlled by a government entity.
Any change in the supporting members of a building, such
as bearing walls, columns, beams or girders, or any substantial change
in roof.
A combination of materials assembled at a fixed location
to give support or shelter, such as a building, bridge, trestle, tower,
framework, retaining wall, tank, tunnel, tent, stadium, reviewing
stand, platform, bin, fence, sign, flagpole or the like. Any man-made
object having an ascertainable stationary location on or in land or
water, whether or not affixed to the land. Anything constructed or
erected with a fixed location on the ground or attached to something
having a fixed location on the ground, including, but without limiting
the generality of the foregoing, advertising signs, billboards, tennis
courts, swimming pools, and pergolas. Fences, sidewalks, and driveways
shall not be considered structures.
A structure or part of a structure manifestly not designed
to comply with the use or extent-of-use provisions of this chapter
or amendment heretofore or hereafter enacted, where such structure
lawfully existed prior to the enactment of this chapter or amendment
or prior to the application of this chapter or amendment to its location
by reason of annexation. Such nonconforming structures include, but
are not limited to, nonconforming signs.
A commercial service establishment specializing in the teaching
of skills or arts, such as hobbies or crafts, music, dance, etc.
The division or redivision of a lot or combination of two
or more lots, a tract or parcel of land by any means into two or more
lots, tracts, parcels or other divisions of land including changes
in existing lot lines for the purpose, whether immediate or future,
of lease, partition by the court for distribution to heirs or devisees,
transfer of ownership or building or lot development: provided, however,
that the subdivision by lease of land for agricultural purposes into
parcels of more than 10 acres, not involving any new street or easement
of access or any residential dwelling, shall be exempted.
Chapter 230, Subdivision and Land Development, of the Code of the Borough of Irwin, as amended.
A modification to an existing wireless communications facility
substantially changes the physical dimensions of a tower or base station
if it meets any of the following criteria:
[Added 3-8-2017 by Ord.
No. 949]
For a tower-based WCF outside the public rights-of-way, it increases
the height of the facility by more than 10% or by the height of one
additional antenna array with separation from the nearest existing
antenna, not to exceed 20 feet, whichever is greater; for a tower-based
WCF in the rights-of-way, it increases the height of the facility
by more than 10% or 10 feet, whichever is greater;
For a tower-based WCF outside the public rights-of-way, it protrudes
from the edge of the WCF by more than 20 feet or more than the width
of the tower-based structures at the level of the appurtenance, whichever
is greater; for those tower-based WCFs in the public rights-of-way,
it protrudes from the edge of the structure by more than six feet;
It involves installation of more than the standard number of
new equipment cabinets for the technology involved, but not to exceed
four cabinets;
It entails any excavation or deployment outside the current
site of the tower-based WCF; or
It does not comply with conditions associated with prior approval
of construction or modification of the tower-based WCF unless the
noncompliance is due to an increase in height, increase in width,
or addition of cabinets.
[Added 3-8-2017 by Ord.
No. 949]
Any structure, basin, chamber, tank or other receptacle capable
of containing an artificial body of water for the purpose of swimming,
diving or recreational bathing and having a depth at any point of
more than 18 inches, whether located at ground level, above ground,
below ground or indoors. Does not include any plastic, canvas, or
rubber portable pools temporarily erected upon the ground that are
less than 12 feet in diameter and less than 24 inches deep at the
point of greatest possible depth.
Any swimming pool located on private property under the control
of a single homeowner or his tenant, the use of which is limited to
members of his family, the tenant's family and their invited guests.
Any swimming pool, other than a private residential swimming
pool, intended to be used collectively by numbers of persons for swimming
or bathing, however owned or operated and regardless of whether a
fee is charged for such use. Such term includes but is not limited
to a swimming pool owned or operated incident to a multifamily dwelling
project, nonprofit recreational facilities, hotels, as well as educational
facilities.
An establishment whose principal business activity is the
practice of placing designs, letters, figures, piercing or other marks
upon the skin of any person using ink or other substances that result
in the permanent coloration of the skin by means of use of needles
or other instruments designed to contact or puncture the skin.
Any building primarily used for dramatic presentations, shows,
movies or similar entertainment, which building has a roof sheltering
performers and patrons, open to the public with or without charge.
Any place other than an indoor theater used primarily for
dramatic presentations, shows, movies or similar entertainment, including
drive-in theaters, open to the public with or without charge.
Indoor facilities for public assembly and group entertainment,
other than sporting events, including civic theaters and facilities
for "live" theater and concerts, exhibition and convention halls,
motion-picture theaters, public and semipublic auditoriums, similar
public assembly uses. Does not include outdoor theaters, concert and
similar entertainment facilities, and indoor and outdoor facilities
for sporting events.
A structure that is intended for transmitting or receiving
television, radio, or telephone communications, excluding those used
exclusively for dispatch communications. This definition not shall
include tower-based wireless communications facilities.
[Added 3-8-2017 by Ord.
No. 949]
Any structure that is used for the purpose of supporting
one or more antennas, including, but not limited to, self-supporting
lattice towers, guy towers and monopoles, utility poles and light
poles. DAS hub facilities are considered to be tower-based WCF.
[Added 3-8-2017 by Ord.
No. 949]
A multifamily building in which dwelling units are arranged
side by side at ground level and which provides a private entrance
for each dwelling unit.
A person residing or stopping in the Borough for less than
30 days at any one time.
A tree, either single-stemmed or multi-stemmed (clump form),
which has a caliper of at least 1.5 inches at planting and is of a
species which at maturity can be expected to reach a height between
10 and 30 feet.
The purpose of the activity for which the land or building
thereon is designed, arranged or intended, or for which it is occupied
or maintained. The term "permitted use" or its equivalent shall not
be deemed to include any nonconforming use.
The use of a lot or structure at the time this chapter was
enacted.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter or amendment heretofore
or hereafter enacted, where such use was lawfully in existence prior
to the enactment of this chapter or amendment, or prior to the application
of this chapter or amendment to its location by reason of annexation.
A use allowed in a zoning district, and upon review has been
determined to comply with the provisions of these zoning regulations
and other applicable ordinances and regulations.
The primary use of a lot.
A use by an agency or department of the Borough, county,
state or federal government. This shall also include public utilities
or uses by any organizations that receive funding either all or in
part from any agency or department of the Borough, county, state or
federal government. This shall also include buildings and premises
used in the operation of the public use.
A permission or approval granted to use land in a zoning
district for a purpose other than that generally permitted outright
in the district. The permission or special exception is granted by
the Zoning Hearing Board in accordance with the standards contained
in this chapter; provided, generally, that the specific application
of the use would not prove injurious to the public interest.
Any use permitted under this chapter that may be granted
to temporarily operate for no more than 30 continuous days, together
with a special exception granted by the Zoning Hearing Board; a permitted
temporary use to operate for a maximum duration of 18 months after
completion of a temporary office, model home or model apartment.
A deviation from the terms of this chapter.
An authorized dealership primarily for the sale of new motor
vehicles subject to licensing but, as an incidental use, may include
the sale of used motor vehicles which are subject to licensing and
truck campers attached to trucks prior to delivery to the dealership.
Said dealership shall have complete facilities housed in a building
on the premises for display of new motor vehicles, for the service,
repair and restoration of new and used motor vehicles, and for the
sale of new accessories.
An authorized dealership for the sale of used motor vehicles
with completely enclosed office and sales facilities on the premises.
All related activities incidental to the sale of used motor vehicles,
such as minor repairs, services and restoration, shall be performed
within completely enclosed facilities.
An area within eyesight from a defined observation point.
Pennsylvania Wireless Broadband Collocation Act (53 P.S.
§ 11702.1 et seq.).
[Added 3-8-2017 by Ord.
No. 949]
Establishments engaged in selling merchandise to retailers;
to industrial, commercial, institutional, farm or professional business
users; or to other wholesalers; or acting as agents or brokers in
buying merchandise for or selling merchandise to such persons or companies.
Transmissions through the airwaves, including, but not limited
to, infrared line of sight, cellular, PCS, microwave, satellite, or
radio signals.
[Added 3-8-2017 by Ord.
No. 949]
The antennas, nodes, control boxes, towers, poles, conduits,
ducts, pedestals, electronics and other equipment used for the purpose
of transmitting, receiving, distributing, providing, or accommodating
wireless communications services.
[Added 3-8-2017 by Ord.
No. 949]
Any person that applies for a wireless communications facility
building permit, zoning approval and/or permission to use the public
right-of-way (ROW) or other Borough-owned land or property.
[Added 3-8-2017 by Ord.
No. 949]
A freestanding structure, such as a tower-based wireless
communications facility or any other support structure that is constructed
primarily to support the placement or installation of a wireless communications
facility if approved by the Borough.
[Added 3-8-2017 by Ord.
No. 949]
An open unoccupied space on the same lot with a building,
open and unobstructed from the ground to the sky.
The yard extending across the full width of the lot and lying
between the front street line and the nearest part of a building or
the building line, where such may have been established on the lot.
The yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest part of a building
or the building line, where such may have been established on the
lot.
The yard between the side line of the lot and the nearest
part of a building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front or rear lot
line, as may be.
Same as "district."
The Zoning Map or maps of the Borough of Irwin, together
with all amendments subsequently adopted.[8]
Person designated by the Council of the Borough of Irwin
to enforce this chapter.
A document issued by the Borough prior to a building permit,
stating that the proposed use is in accordance with the requirements
and standards of this chapter.
[1]
Editor's Note: Table 1, the Table of Permitted and Special Exception Uses, is attached to this chapter.
[2]
Editor's Note: See 53 P.S. § 10601 et seq.
[3]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[4]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
[6]
Editor's Note: See 53 P.S. § 10101 et seq.
[7]
Editor's Note: A copy of the official Zoning Map is included as an attachment to this chapter.
[8]
Editor's Note: A copy of the official Zoning Map is attached to this chapter.
