West Hazleton City Zoning Code

Nonresidential. When the principal use or structures is nonresidential, an unattached accessory structure shall comply with the front yard setback requirements applicable to the principal structure or use for the zoning district in which it is located and shall not be less than ten (10) feet from any side yard lot line or rear yard lot line. An accessory structure to a principal use and/or structure which is classified as a special exception use shall not be subject to the standards and regulations under Article 6, Special Exceptions, of this chapter, excluding the proposed construction, establishment or use of a structure which equals or exceeds seven hundred fifty (750) square feet of gross floor area.

Residential. When the principal structure is residential, unattached accessory structures shall only be erected within the rear yard or side yard areas of the lot subject to the following requirements:

In-Ground Pools. The pool area or the entire property on which the pool is located, shall be enclosed with a permanent fence being six (6) feet in height, which includes a gate secured with a lock. Shrubs, hedges or other vegetative cover shall not be considered to be a fence.

Above Ground Pools. An above ground pool shall be enclosed with a permanent fence not less than four (4) feet in height which includes a gate secured with a lock in accordance with the above requirements of Subsection (A) or in lieu of a fence, a barrier not less than four (4) feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four (4) feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck, shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery, hedges or other vegetative cover shall not be considered as a barrier. Decks which are attached to the pool shall not project into any required yard setback for the pool.

Terraces or Patios. Provided that such terraces or patios are located in the rear yard or side yard, are not under roof, without walls or other form of enclosure and are not closer than five (5) feet to any adjacent lot line.

Projecting Architectural Features. Such as bay windows, cornices, eaves, fireplaces, chimneys, window sills or other similar architectural features; provided, that any of the aforementioned features do not extend more than two(2) feet into any required setback.

Porches and Decks. Provided such porches or decks are located in the rear yard or side yard and that such does not exceed four and one-half (4½) feet in depth as extended from the structure.

Handicapped Ramps. May be constructed within five (5) feet of any front, rear or side yard lot line within any zoning district.

In addition to zoning approval, the following uses are classified as a "land development," requiring approval under the applicable provisions of the Wright Township Subdivision and Land Development Ordinance [Chapter 131].

The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:

Intersection of Streets. On any corner lot no visual obstruction, including but not limited to, fences, shrubs and trees, between two and one-half (2½) feet and eight (8) feet in height, but excluding street signs, utility poles or traffic signs, shall be erected or maintained upon a property, within the triangle formed by the intersection of center lines of intersecting street right-of-way lines adjacent to the corner lot and a line projected between points on each of those adjacent center lines for a minimum distance of thirty (30) feet from their intersection.

Private Driveways. No visual obstruction between two and one-half (2½) feet and eight (8) feet in height, shall be erected or maintained within the triangle formed between the intersection of center lines of a street right-of-way line and a depth of ten (10) feet along the center line of the street right-of-way and a depth of ten (10) feet along the center line of a private driveway.

Residential. Fences and walls to be constructed within a residential zoning district or upon a lot in any other type of zoning district which contains a residential property, shall be permitted according to the following subsections:

Nonresidential. Fences to be constructed within any commercial zoning district shall not exceed eight (8) feet in height above the adjacent ground level. Fences to be constructed within any industrial zoning district shall not exceed ten (10) feet in height above the adjacent ground level.

Exemptions. The provisions of this Section shall not be applied to prevent the construction of a chain link in excess of ten (10) feet in height, designed as an enclosure to a public park, a public playground or similar outdoor recreational facility.

Fire Protection. Fire prevention and fighting equipment acceptable to the Pennsylvania Uniform Construction Code (PA UCC) shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.

Electrical Disturbance. No activity shall cause repetitive or continuous electrical disturbance adversely affecting the operation of other electrical equipment in the vicinity.

Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. (See § 145-508E for noise standards within the I-1 District.)

Smoke. The maximum amount of smoke emission permissible shall be determined by use of the Standard Ringleman Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.

Air Pollution. No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is potentially harmful to health, animals, vegetation or other property.

Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.

Erosion. No erosion by wind or water shall be permitted which will carry soil or other material onto adjoining properties.

Water Discharge. Water discharge of materials and substances shall be subject to the governing standards established by the State Department of Environmental Protection.

Zoning approval for any proposed use and/or development of a property, which includes the construction and/or relocation of a driveway onto a State legislative route or a County road shall be issued for any proposed use or development of a property until the applicant secures a highway occupancy permit from the applicable governing body and/or agency.

A certificate of zoning compliance, as defined in Article 2, shall not be issued for any property fronting upon a Township road until the applicant secures a driveway permit (as defined in Chapter 78, Driveways, in the Code of the Township of Wright) under the governing provisions of the Wright Township Driveway Ordinance, Ordinance No 78.

The proposed use is similar to and compatible with permitted uses in the district.

The proposed use would not be detrimental to the public health, safety and welfare of the neighborhood.

The proposed use meets the standards and criteria for special exceptions as contained in Article 6 of this chapter.

In accordance with the requirements of the Pennsylvania Department of Environmental Protection, any proposed development having a cumulative land disturbance equal to or in excess of five thousand (5,000) square feet shall be required to prepare a Soil Erosion and Sedimentation Control Plan, in accordance with the most recent edition of the Pennsylvania Department of Environmental Protection Erosion and Sedimentation Control Manual. The owner or developer of any property subject to this requirement shall submit the subject plan to the Luzerne Conservation District and a copy to the Township. No zoning permit for development shall be issued until the Township receives written notice of the Plan’s approval from the Luzerne Conservation District.

For stormwater discharges from construction activities, for any proposed development that will disturb between one (1) and up to five (5) acres of land over the life of the project, and has a point source discharge to surface waters shall be required to secure a National Pollutant Discharge Elimination System Permit (NPDES) from the Luzerne Conservation District. No zoning permit for development shall be issued by the Township until written notification is received from the Luzerne Conservation District verifying compliance in securing the NPDES Permit.

All soils erosion control measures shall be the sole responsibility of the property owner. During construction activities, the property owner must control runoff and erosion by use of silt fencing barriers and/or hay bales and maintain them in accordance with Luzerne Conservation District specifications. Permanent seeding and mulching must be completed within ninety (90) days of occupancy. Silt barriers and/or hay bales must be kept in place and maintained until planted grass grows sufficiently to prevent erosion. In the event that occupancy takes place during winter months, the permanent seeding and mulching must be completed by April 30.

Temporary structures shall meet all applicable setbacks in requirements in the zoning district where they are to be located.

Temporary structures shall be located upon a property for a period not to exceed twelve (12) months in commercial and industrial zoning districts, and six (6) months in residential districts from the date a zoning permit is issued by the Zoning Officer. Any intermittent cessation and subsequent resumption of a temporary structure shall be included within the twelve (12) or six (6) month limitation.

The use of a temporary structure shall be directly related to the principal use of the property except for structures placed upon a property as field offices during construction activities for a permanent principal structure/use.

When deemed appropriate by the Zoning Officer, a buffer or additional screening, as set forth in other sections of this Chapter, may be required prior to issuance of a zoning permit for a temporary structure.

The temporary structure shall not constitute a nuisance or cause a violation of any section of the Township’s Code of Ordinances; to do so shall be prohibited and require immediate removal of the temporary structure.

Lot Size. The minimum lot size for a standalone windmill shall be one (1) acre.

Setbacks. The standalone windmill shall be a minimum of sixty (60) feet away from all property lines or at least one and one-half (1.5) times the height of the windmill from the property line, whichever is greater.

Maximum Height. A standalone windmill shall be no taller than fifty (50) feet after installation.

Roof mounted equipment shall be subject to maximum height limitations of structures.