An ordinance regulating the location, height, bulk, erection, construction, alteration, razing and size of structures; the percentage of lot which may be occupied; the size of yards, courts and other open spaces; the density and distribution of population; the intensity of land use or bodies of water for commerce, industry, residence, recreation, public activities or other purposes; the uses of land, the protection of historic resources; and providing for the administration, enforcement and amendment of this chapter in accordance with the provisions of the Pennsylvania Municipalities Planning Code, as amended.
This chapter shall be known as the "Irwin Borough Zoning Ordinance."
A. 
The regulations of the Zoning Ordinance are made in accordance with the following community objectives:
(1) 
To enhance the Borough's community atmosphere while developing a balance of residential, recreational, commercial, and industrial land uses.
(2) 
To lessen congestion on the streets and highways;
(3) 
To secure safety from fire, panic and other dangers;
(4) 
To promote health and general welfare;
(5) 
To provide adequate light and air;
(6) 
To prevent the overcrowding of land;
(7) 
To avoid undue congestion of population;
(8) 
To facilitate the adequate provision of transportation, water, sewer, schools, parks, and other public requirements;
(9) 
To protect and enhance the value of land;
(10) 
To encourage, yet control, new development and growth within the Borough.
B. 
Such regulations are also made with reasonable consideration to the character of the districts hereinafter set forth and their suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Borough.
This article shall serve as the statement of community development objectives for the Borough of Irwin Zoning Ordinance as required by Section 606 of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended). The Zoning Ordinance reflects the policy goals of the Borough as stated in the following community development objectives and has been developed as a legislative and administrative tool of the Borough to implement these objectives. The overall goal of the Borough of Irwin Zoning Ordinance is to enhance the Borough's residents' community atmosphere while developing a balance of residential, recreational, commercial and industrial uses consistent with the adopted Borough of Irwin Comprehensive Plan, as amended.
A. 
Land use objectives.
(1) 
Preserve neighborhoods.
(2) 
Assure infrastructure and land use planning is coordinated.
(3) 
Encourage land use patterns that preserve and set aside green and open space.
B. 
Housing objectives.
(1) 
Permit the development of mixed-use residential districts.
(2) 
Promote open space within residential districts.
(3) 
Promote pedestrian-friendly residential districts.
C. 
Economic objectives.
(1) 
Encourage the development of businesses.
(2) 
Establish a strong diverse tax base.
D. 
Infrastructure and community facilities objectives.
(1) 
Assure infrastructure and land use planning are coordinated.
(2) 
Promote the development of public and/or private recreational activities throughout the Borough.
(3) 
Advocate standards that assure public safety.
(4) 
Assure development costs are not passed on to the citizens.
E. 
Natural resources and preservation objectives.
(1) 
Promote the development of outdoor recreational activities.
(2) 
Encourage high quality redevelopment.
(3) 
Assure redevelopment does not adversely impact our environment.
(4) 
Encourage redevelopment of compatible land uses.
(5) 
Encourage redevelopment of safe land uses.
(6) 
Assure redevelopment meets state and federal requirements.
(7) 
Encourage traffic patterns that contribute to less congestion.
A. 
The provisions, regulations, limitations, and restrictions of this chapter shall apply to all structures, buildings, uses, signs, fences, walls, parking lots, driveways and land and their accessory structures, buildings, uses and signs. Nothing in this chapter shall require any change in plans or construction of a building for which a building permit has been issued by the Borough prior to the effective date of the chapter, and which is completed within the time limits of the permit or applicable extensions thereof.
B. 
This chapter shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation. The Pennsylvania Public Utility Commission shall, after a public hearing, decide that the present or proposed situation of the building in question is reasonably necessary for the convenience or welfare of the public.
[Amended 3-8-2017 by Ord. No. 949]
In interpreting and applying this chapter, the Borough holds these provisions to be the minimum requirements for promotion of health, safety, morals and general welfare of the Borough of Irwin. Any use permitted subject to the regulations prescribed by the provisions of this chapter shall conform with all regulations for the zoning district in which it is located and to all other pertinent regulations of the chapter. This chapter is not intended to interfere with, abrogate, annul, supersede or cancel any easements, covenants, restrictions or reservations contained in deeds or other agreements, but if the ordinance imposes more stringent restrictions upon the use of buildings and land than are contained in the deeds or agreements, the provisions of the chapter shall control.
The Borough of Irwin Zoning Ordinance of 1979 and its amendments are hereby repealed and replaced by the provisions of the Borough of Irwin's Zoning Ordinance of 2014, as amended.