West Hazleton City Zoning Code
ARTICLE 8
Supplemental Regulations
§ 145-801 Purpose and intent.
Certain uses of land and/or buildings, as specified herein, whether permitted by right, special exception and/or conditional use, shall be subject to supplemental regulations in addition to those of the district in which the use is located.
§ 145-802 Use regulations.
A.
Agriculture.
(1)
Horse Stables. A minimum lot size of two (2) acres shall be required, and the maximum density shall be one (1) horse per acre of land.
(2)
Raising of Livestock or Poultry. A minimum lot size of five (5) acres shall be required, and the raising of more than twenty-five (25) animals shall require a minimum lot size of twenty-five (25) acres. Animal feeding operations involving more than fifty (50) animal units are prohibited in the Township.
[Added 5-14-2018 by Ord. No. 250]
B.
Animal hospital. An animal hospital shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building. No animal hospital shall be located less than twenty-five (25) feet from any property line.
C.
Animal kennels. Animal kennels in which animals are kept, boarded or trained may be either enclosed buildings or a combination of buildings and open runways. If all activities are maintained within a completely enclosed building, no objectionable odors shall be vented outside the building. If open runways are used, the building and runways shall be located not less than one hundred (100) feet from all property lines. Where the property abuts a district having residences as a principal permitted use, the building and runways shall be not less than two hundred (200) feet from such property lines.
D.
Automobile-related activities.
(1)
Automotive repairs (repair garage). Activities including the repair of automobiles, trucks, snowmobiles and motorcycles shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. Only vehicles to be repaired on the premises or picked up by the vehicle’s owner may be stored in the yard area. Where the operation abuts on the side or rear property line of a district having residences as a principal permitted use, a solid wall or substantial attractive fence six (6) feet in height shall be constructed and maintained in good condition along such boundary. Outside lighting shall be directed away from adjacent properties.
(2)
Automotive Sales. The outdoor display of new or used automobiles, panel trucks or vans, trailers, recreational vehicles, all terrain vehicles, motorcycles, snowmobiles, mobile homes or boats shall be only permitted in a B-2 Zoning District. Vehicles being sold shall have a front yard setback of not less than twenty-five (25) feet. Uses which are normally accessory to such sale establishments (such as engine repairs, body repairs, painting, radiator repair and undercoating) shall be permitted, provided such uses are clearly incidental and subordinate to the principal use and, further provided, that such uses are conducted within a completely enclosed building designed and constructed to minimize noise, fumes, vibrations and glare. Where an automotive sales use abuts a rear or side lot line of any district having residences as a principal permitted use, a solid wall or substantial, attractive fence six (6) feet in height shall be constructed and maintained in good condition along such boundary. Outside lighting shall be directed away from adjacent properties.
(3)
Car Wash. Appropriate drainage facilities for washing activities shall be provided. The site shall be sufficiently large to accommodate three (3) cars per stall awaiting washing during peak periods so that lines along public streets are avoided. Such operations shall also comply with any applicable regulations of the Pennsylvania Department of Environmental Protection. Car wash operations abutting on the side or rear property lines of a district having residences as a principal permitted use shall provide a solid wall or substantial, attractive, tight fence being six (6) feet in height and well maintained along such boundary. Outdoor lighting shall be directed away from adjacent activities.
(4)
Gasoline Service Stations. When a service station abuts on the rear or side lot line of a district having residences as a principal use, a solid wall or substantial attractive fence being six (6) feet in height shall be constructed and maintained in good condition along such boundary. When a service station occupies a corner lot, the access driveways shall be located at least sixty (60) feet form the intersection of the front and side street lines of the lot. All access driveways shall not exceed twenty-five (25) feet in width. Gasoline pumps or other service appliances may be located not less than ten (10) feet from the front yard setback. All repairs, service, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare. Outside lighting shall be directed away from adjacent properties.
(5)
Tire Retreading and Recapping. Tire retreading and recapping operations shall be conducted within a completely enclosed building where adequate measures shall be taken to minimize noise, fumes and glare. New, worn and recapped tires shall be stored within the building, and yard areas shall be neatly maintained. Where the operation abuts on the side or rear yard of property lines of a district having residences as the principal permitted use, a solid wall, or a substantial, attractive fence six (6) to eight (8) feet in height shall be constructed and maintained in good condition along such boundary. Outside lighting such be directed away from adjoining activities.
E.
Banks and Similar Financial Institutions. Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas and areas for pedestrian traffic safety. Access driveways shall be no more than twenty-five (25) feet in width. Canopies over drive-through areas shall meet all yard setback requirements.
F.
Boarding or Rooming House. The property shall be limited to providing lodging for not more than five (5) persons, excluding the owner of the property. Off-street parking spaces shall be provided for each person residing therein.
G.
Bulk Fuel Storage. Bulk fuel storage, as a principal use, shall be located on a tract of land not less than five (5) acres. Storage tanks shall be located not less than one hundred (100) feet from any property line and shall be not less than five hundred (500) feet from any dwelling, school, church or similar use. Cylinder filling rooms, pumps, compressors and truck filling stations shall be located not less than one hundred (100) feet from all property lines. The tank storage area shall be fenced with an eight (8) foot high industrial gauge fence. If the storage property abuts on the side or rear property line containing a residence, the fence shall be screened from view by a dense growth of evergreens at least six (6) feet in height at the time of planting. Bulk fuel storage facilities shall be developed in full compliance with all applicable Federal, State and insurance regulations.
H.
Cemeteries. A structure, grave or place of permanent burial shall be set back not less than fifty (50) feet from the property line. The cemetery shall be enclosed by a fence, wall or shrubbery at least three (3) feet in height. The interior roads shall have a minimum width of twelve (12) feet and shall be properly maintained with either gravel or paving.
I.
Contractors’ Storage Yards. Commercial or industrial uses utilizing outdoor storage space which exceeds an area of more than two thousand (2,000) square feet shall be located on a tract of land of not less than twenty-five thousand (25,000) square feet. Supplies stored outdoors shall be neatly arranged and no required yard areas shall be used for storage. There shall be a roadway fourteen (14) feet in width provided for in every forty (40) linear feet of stored materials. The roadway shall be kept passable for firefighting equipment. Where the operation abuts on the rear or side lot line of a district having residences as a principal permitted use, a buffer area, as defined in Article 2, shall be provided along such boundary. Outside lighting shall be directed away from adjoining properties.
J.
Convenience Store with Gasoline Pumps. The property shall have a lot area of not less than twenty thousand (20,000) square feet. Gasoline pumps, the canopy over gasoline pumps or other service appliances may be located not less than ten (10) feet from the front yard setback. Where the operation abuts on the rear or side lot line of a district having residences as a principal permitted use, a solid wall or substantial fence being six (6) feet in height shall be constructed and maintained in good condition along such boundary. A parking area accommodating all spaces required by Article 11 shall be provided. Access driveways shall be no more than twenty-five (25) feet wide at the street line, and in the case of a corner lot, access driveways shall be at least sixty (60) feet from the intersection of the two (2) streets, as measured from the right-of-way line. All lighting shall be directed away from adjoining properties.
K.
Day Care Facilities. All day care facilities, as so defined in Article 2 of this Chapter, shall comply with the following:
(1)
The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated State agency whose approval is required by the laws of the Commonwealth.
(2)
Noise and all other possible disturbing aspects connected with such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area.
(3)
All outdoor play areas shall be completely enclosed with a fence being six (6) feet in height. Outdoor play activities shall be limited to the hours between 10:00 a.m. to 5:00 p.m. local time.
(4)
The applicant shall provide evidence that vehicular traffic congestion will be avoided in pick-up and drop-off points utilized in transporting children to and from the facility.
L.
Dwelling Over or Attached to a Business Establishment.
(1)
In the B-1 Neighborhood Commercial District single-family dwellings may be permitted over or attached to a business establishment provided that such dwellings are occupied by the owner or manager of such business over which the dwelling is located. Such dwellings shall be designed as living quarters having adequate natural light and kitchen and bathroom facilities. Such dwelling shall also have private access and the required residence parking spaces in addition to commercial parking spaces.
(2)
In the B-1 Neighborhood Commercial District and in the B-2 Highway Commercial District single-family dwellings may be permitted over the following business establishments or on lots adjoining the following business establishments: convalescent homes, mortuaries, motels and tourist homes; provided, that, such dwellings are occupied by the owner or manager of such business establishment. Such dwellings shall be designed as living quarters having adequate natural light and kitchen and bathroom facilities. Such dwelling shall also have private access and the required residence parking spaces in addition to commercial parking spaces.
[Amended 8-12-2013 by Ord. No. 236]
M.
Entertainment Facilities. Entertainment facilities as defined in Article 2 of this chapter shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than twenty-five (25) feet from any boundary of a district having residences as principal permitted use, shall provide adequate screening from any residential district and shall be conducted entirely within an enclosed structure.
N.
Funeral Home. Funeral homes shall accommodate all of the parking areas required as provided in Article 11 of this chapter. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards on the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or substantial, attractive fence being six (6) feet in height. Outside lighting shall be directed away from adjacent properties.
O.
Group Residence. Any party wishing to establish and/or operate a group residence, in addition to all other applicable zoning regulations and/or requirements, shall be subject to the following supplemental requirements:
(1)
The maximum occupancy of a group residence shall not exceed eight (8) persons, excluding staff. The occupancy of said group residence shall be governed by the standards and requirements as provided for within the most recent housing code standards of the Pennsylvania Uniform Construction Code.
(2)
The group residence shall be under the jurisdictional and regulatory control of a governmental entity (County, State and/or Federal).
(3)
The applicant and/or operator of group residence shall provide written documentation from the applicable governmental entity which certifies said group residence complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program.
(4)
The applicable requirements and standards which govern off-street parking for a single-family dwelling shall also govern for a group residence; however, two (2) additional off-street parking spaces shall be provided if there is any required staffing associated with the management and operation of a group residence.
P.
Home Occupations.
(1)
A home occupation may include an office or studio of a physician, dentist, artist, photographer, architect, engineer, accountant, surveyor, lawyer, realtor, insurance salesman or member of a similar recognized profession. Home occupations may also include beauty and barber shops, dressmaking and tailoring shops, ceramic shops, appliance and lawn mower repair, and tutoring and music instruction for not more than two (2) students at a time, but shall not include animal hospitals, commercial kennels or stables, mortuaries, clothing shops, restaurants, dance studios, business schools or automobile-related activities or repairs. A home occupation which is conducted within a dwelling unit or an existing accessory building to the dwelling shall be subject to the following provisions:
(a)
There shall be only one (1) home occupation per dwelling or household at any given time.
(b)
The occupation shall be carried on wholly indoors, within the principal building or within a building accessory thereto.
(c)
There shall be permitted a sign, not to exceed two (2) square feet in surface area, placed flat against the building as a wall sign and shall not be permitted above the first story level. No other exterior display or exterior storage of materials or any other exterior indication of the home occupation shall be permitted.
(d)
There shall be no maintenance of a stock in trade or show windows or displays or advertising visible outside the premises.
(e)
No articles shall be sold or offered for sale except those which are produced on the premises.
(f)
There shall be no repetitive servicing by truck.
(g)
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(h)
The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit and not more than one (1) additional employee. Licensed medical practitioners and attorneys may have one (1) additional employee that is not an immediate member of the family household residing in the dwelling unit.
(i)
The floor area devoted to a home occupation, regardless of where located on a lot, shall, be equivalent to not more than twenty (20) percent of the floor area of the dwelling unit.
(j)
Each home occupation shall have off-street parking as indicated below, in addition to that required for the dwelling unit:
[1]
Four (4) spaces for each physician, dentist or other licensed medical practitioner.
[2]
Two (2) spaces for all other home occupations.
(2)
A home occupation which is conducted within a dwelling unit that meets all of the following criteria shall be permitted by right:
(a)
Only one (1) resident of the dwelling is engaged in operating the home occupation.
(b)
No type of signage which identifies or otherwise advertises the name and/or nature of the home occupation is provided. No advertising is provided in any manner which communicates the nature of the occupation or business carried on within the dwelling.
(c)
No materials, goods or products related to the nature of the home occupation are utilized, stored and/or delivered to the site.
(d)
The home occupation does not include, require or generate customers, clients or other parties visiting the site at any time for any form services or products related to the home occupation.
Q.
Industrial Activities. In addition to the applicable requirements of this Chapter, including but not limited to §145-315, "Performance Standards," all industrial activities and uses permitted by right, special exception and/or conditional use within the I-1 District shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise (see §145-508(E)), sewage, industrial waste, fire hazards and any other of the activities and uses with side effects are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry. It shall be the responsibility of the applicant to provide the Zoning Officer with a complete listing of all State and Federal regulations governing the proposed use and written compliance from the governing agency.
R.
Mobile Food Vehicles.
(1)
Mobile food vehicles operating on public property in the same location for greater than ten (10) minutes or those operating on private property must obtain a zoning permit from the Zoning Officer prior to operation.
(a)
Mobile food vehicles shall obtain written permission from the property owner on the lot they intend to operate upon; a copy shall be submitted for review by the Zoning Officer.
(b)
Mobile food vehicles shall obtain a permit for each separate location they intend to operate upon.
(c)
Mobile food vehicles shall make accommodations for off-street parking as deemed necessary by the Zoning Officer.
[Added 5-14-2018 by Ord. No. 250]
S.
Model Homes.
(1)
The exterior appearance of a model home and its premises shall be maintained and operated consistent with the residential character of the neighborhood. Landscaping shall also be provided consistent with that of the neighborhood within six (6) months of the use of the structure as a model home. The home shall be used only as a model display of homes available for sale and not as a realtor's office and not for the storage of construction equipment and materials. Off-street parking shall be provided according to the requirements of Article 11, with spaces for eventual residents temporarily allowed for patron use and with one (1) space for each employee. No construction or delivery trucks and vehicles shall be allowed upon the premises. Signs only provided for in Article 10 shall be allowed.
(2)
The special exception shall only be temporary, being valid for thirty (30) months after the special exception use is approved by the Zoning Hearing Board. At the expiration of the permit, the premises shall either revert to use as a dwelling or continue as a special exception upon application to and approval by the Board. In determining whether approval for continuance should be granted, the Board shall consider the effects of the previous permit on the neighborhood and the adherence to the special exception criteria under the previous permit.
T.
Motels and Hotels. Motel and hotel uses shall require a minimum lot size of not less than two (2) acres with a lot width of not less than two hundred (200) feet. The following requirements shall also apply:
(1)
There shall be more than ten (10) sleeping rooms.
(2)
Fifty (50) percent or more of the gross floor area shall be devoted to sleeping rooms.
(3)
There may be club rooms, ballrooms and common dining facilities.
(4)
In case of a corner lot, access drives shall be not less than sixty (60) feet from the intersection of any two (2) streets as measured from the intersection of their right-of-way lines.
U.
Nursing Home. A nursing home shall be located upon a tract of land with the minimum size being one (1) acre. Access driveways shall be not more than twenty-five (25) feet in width and, in the case of a corner lot, access driveways shall be not less than sixty (60) feet from the intersection of the two (2) streets, as measured from the right-of-way lines. Where the property abuts residences on the side or rear property lines, a solid wall substantial tight fence, not less than six (6) feet in height, shall be provided. Minimum side and rear yards of not less than fifty (50) feet shall be required.
V.
Outdoor Storage. Outdoor storage, as defined in Article 2, when proposed as a principal use of land be enclosed with a chain link fence not less than six (6) feet in height. A soil erosion and sedimentation control plan and storm water drainage plan shall be required for all areas of impervious surface to be provided for such storage. A complete listing of all types of machinery, material and items to be stored therein shall be attached to the required zoning application. No hazardous substances, as so defined Article 2 of this Chapter, shall be permitted upon the site.
W.
Place of Worship. A parking area shall accommodate all parking spaces as required in Article 11 of this Chapter. Access driveways shall be not greater than twenty-five (25) feet in width. In the case of a corner lot, access driveways shall be not less than sixty (60) feet from the intersection of the two (2) streets, as measured from the intersection of their right-of-way lines. Where the parking area abuts existing residences on the side or rear property line, a buffer area, consisting of shrubbery or evergreen trees, being not less than six (6) feet in height at the time of planting, shall be provided. All lighting shall be directed away from adjoining properties.
X.
Public Uses.
(1)
Municipal, Police and Fire Buildings. Where the parking area abuts the side or rear property lines of an adjoining residential use, a fence being six (6) feet in height and a buffer area consisting of shrubbery or evergreen trees shall be provided.
(2)
Public and Private Schools. The size of a lot shall meet the minimum requirements as prescribed by the Pennsylvania Department of Education. Access to the site shall be from an arterial or collector street. Access driveways shall not exceed twenty-five (25) feet in width. In the case of a corner lot, access driveways shall be not less than sixty (60) feet from the intersection of the two (2) streets, as measured from the intersection of their right-of-way. Loading and unloading areas, parking areas and circulation shall be provided in accordance with Article 11 of this Chapter.
Y.
Public Utility Buildings and Structures. Public utility facilities, as defined in Article 2, shall conform to the following regulations for properties containing such uses:
(1)
Access and parking shall be provided only for maintenance and servicing of such facilities.
(2)
A chain link fence and locked gate not less than eight (8) feet in height shall surround the building or structures of such facilities.
(3)
A buffer area not less than ten (10) feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities.
(4)
Outside lighting shall be directed away from adjacent properties.
(5)
The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.
Z.
Recreational Facilities. All such facilities shall conform to the following regulations:
(1)
No recreation activity shall be conducted closer than fifty (50) feet for passive equipment and two hundred (200) feet for powered equipment to any property line.
(2)
A buffer area, at least twenty-five (25) feet for passive equipment and fifty (50) feet for powered equipment in depth, and planted with trees, shrubs or other landscaping, shall surround the property except for access drives.
(3)
Sound reduction buffers and additional screening may be required by the Zoning Officer or by the Planning Commission based on proposed powered equipment used in the recreational facility.
[Amended 5-14-2018 by Ord. No. 250]
AA.
Sewage Disposal and Sewage Treatment Plants. The location and operation of a public or private sewage treatment plant shall be in full compliance with the applicable regulations of the Pennsylvania Department of Environmental Protection. Written approval from DEP shall be secured prior to the installation of such facilities.
BB.
Single-Residential Structures Containing Multifamily Dwelling Units. Such structures shall be serviced by central sewers shall contain a lot area of not less than three thousand (3,000) square feet for each dwelling. A minimum lot width of not less than one hundred (100) feet shall be required. Each side yard shall have setback of not less than fifteen (15) feet.
CC.
Taverns and Restaurants. When placed in a B-1 Neighborhood Business District, a tavern shall be subject to the following regulations. A tavern or restaurant:
(1)
Shall be located upon a parcel of land not less than twenty thousand (20,000) square feet.
(2)
Shall have side and rear yards of not less than fifty (50) feet in depth.
(3)
Shall front upon a street having not less than an arterial or collector designation.
(4)
Shall not provide or permit the conduct of live entertainment within or without said premises.
(5)
Shall comply with the purposes of the B-1 Neighborhood Business District in which said tavern or restaurant is located.
(6)
Shall not adversely affect the public health, safety and well-being of the neighborhood in which the said tavern or restaurant is located.
(7)
Shall be constructed, placed or located so as to comply with all parking spaces and circulation and access areas as set forth in Article 11 herein.
(8)
Shall be constructed, placed or located so as to permit and provide the creation of access drives, not to exceed twenty-five (25) feet in width and, in the case of construction, placement or location of a tavern or restaurant on a corner lot, then access drives provided for in this subparagraph shall be at least sixty (60) feet, as measured from the right-of-way lines, from the intersection of the two (2) abutting streets.
(9)
Shall, where the side or rear property lines of the piece or parcel of land upon which said tavern or restaurant is to be constructed, placed or located abuts upon residences, provide for the erection and placement of a substantial, solid, opaque fence or evergreen hedge which shall be constructed so as to provide a barrier rising to a minimum height of six (6) feet and maintained in good condition to conform with the esthetic character of the neighborhood in which it is constructed; provided, that, in the event that an evergreen hedge is utilized, at the time of planting, said evergreen hedge shall be not less than six (6) feet in height.
(10)
Shall, whenever exterior lights or lighting is of any permissible type is utilized, provide for the installation of said light or lighting in such a manner so that the illumination from said light or lighting is directed upon or towards the property upon which said tavern or restaurant is located and away from all adjacent or abutting properties, streets or thoroughfares.
DD.
Townhouses. Townhouses shall be serviced by public sewers and public water and shall be subject to the following provisions and all applicable provisions of the Wright Township Subdivision and Land Development Ordinance [Chapter 1311:
(1)
Minimum lot size for the development of townhouses shall be two (2) acres.
(2)
Minimum lot width shall be one hundred fifty (150) feet.
(3)
Maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be not greater than forty-five (45) percent.
(4)
Minimum lot width for each townhouse unit shall be not less than twenty (20) feet.
(5)
Minimum lot depth for each townhouse unit shall be not less than one hundred (100) feet.
(6)
Minimum lot area for each townhouse unit shall be not less than two thousand (2,000) square feet.
(7)
Minimum front yard setback for each townhouse unit shall be not less than thirty-five (35) feet.
(8)
No side yard setbacks shall be required for attached interior townhouse units. A minimum side yard setback of not less than thirty (30) feet shall be required only at the ends of rows attached townhouse units.
(9)
Minimum rear yard setback for each townhouse unit shall be not less than thirty (30) feet.
(10)
Minimum width for each townhouse unit shall be not less than twenty (20) feet.
(11)
Maximum building height shall be three (3) stories or forty (40) feet.
(12)
Minimum distance between principal structures shall be not less than thirty (30) feet.
(13)
Minimum front yard setback for off-street parking areas shall be not less than twenty (20) feet.
(14)
Minimum rear yard setbacks for off-street parking areas shall be not less than fifteen (15) feet.
(15)
Two (2) off-street parking spaces shall be provided for each townhouse unit.
(16)
Unattached accessory structures such as pools, garages, carports and sheds shall be prohibited in the front yard. Unattached accessory structures located in the side or rear yard shall have five (5) feet side and rear yard setbacks and be constructed a minimum of ten (10) feet away from all other structures.
[Amended 5-14-2018 by Ord. No. 250]
EE.
Trucking Facilities. The property shall not be less than two (2) acres in area. Access drives shall be no more than twenty-five (25) feet in width; parking and loading areas shall conform to the regulations within Article 11. No truck parking or terminal operation shall be allowed within fifty (50) feet of any lot line. Outside lighting shall be directed away from adjacent properties.
FF.
Warehouse and Distribution Facilities. All materials shall be stored within a completely enclosed building, and yard areas shall be kept clear of junk, trash or other types of debris. Access drives shall not exceed twenty-five (25) feet in width; parking and loading areas shall conform with the regulations of Article 11 of this Chapter. No warehouse activities, including parking and/or landing areas, shall be allowed within fifty (50) feet of any property line.
GG.
Warehouse (Self-Storage). These facilities may be a building or group of buildings in a controlled-access and fenced compound, containing varying sizes of individual compartmentalized and controlled-access stalls or lockers for dead storage of customers' goods and personal property, with storage space available for rental to the general public. All storage shall be contained within a completely enclosed building or buildings. There shall be a minimum spacing of twenty-five (25) feet between buildings for traffic circulation, parking and fire lane purposes. No activities, including off-street parking, shall be allowed within twenty (20) feet of a property line abutting a district having residences as a principal use. All outside lighting shall be directed away from adjacent properties.
HH.
Wireless Commercial Communications Site.
(1)
Structural Integrity and Safety.
(a)
A commercial antenna support structure for a wireless commercial communication site shall be designed and constructed to meet or exceed all applicable standards of the American National Standards Institute, ANSI/EIA-222-E Manual, as amended and also to FAA standards for marking and lighting requirements of obstructions to air navigation as set forth within the most recent edition of Advisory Circular AC 70/7460-1H, including any amendments thereto.
(b)
A soil report complying with the standards of Appendix I: Geotechnical Investigations, ANSI/EIA-222-E Manual, as amended, shall be submitted to document and verify the design specifications of the foundation for the commercial antenna support structure, and anchors for the guy wires, if used.
(c)
The operational use of a commercial antenna, as so defined within this Chapter, including those mounted upon a support structure or to an existing structure, shall comply with all applicable rules and regulations of the FCC and FAA.
(d)
The applicant or owner of a commercial antenna support structure shall provide a design certificate and an operational certificate, prepared by a professional engineer, which certifies compliance with the standards addressed in the above subsections (a), (b) and (c). The design certificate shall be submitted with the zoning application for the proposed commercial antenna support structure. The operational certificate shall include "as-built" drawings and written certification from the applicant's professional engineer that all applicable regulations have been met.
(2)
Height and Setback Requirements.
(a)
A commercial antenna which, mounted upon an existing structure, including an existing building, shall not exceed the height of the existing structure by more than eight (8) feet.
(b)
A commercial antenna support structure shall be set back from any property line to a distance that is not less than one hundred (100) percent of the height of the antenna support structure measured in linear feet.
(c)
Any building utilized as a component of a commercial enterprise in the collection and/or transmission telecommunication signals, radio signals, television signals, wireless phone signals or similar signals shall be completely enclosed by a fence, eight (8) feet in height, with such building meeting the setback requirements for the zoning district in which it is located.
(d)
A commercial antenna support structure or an antenna mounted upon an existing structure, shall be removed by the owner of the same within six (6) months of the discontinuance of its use. The owner shall provide Wright Township with a copy of the notice to the FCC of intent to cease operations. The six (6) month period for the removal of the antenna support structure or an antenna mounted upon an existing structure shall commence on the date indicated for ceasing operations.
(3)
Site Plans.
(a)
A site plan shall be provided in conformance with the governing standards of the Wright Township Subdivision and Land Development Ordinance [Chapter 131] when the location of a freestanding commercial antenna support structure represents a described parcel of land subject to a lease within an existing deed of record.
(b)
A new site plan shall not be required when a proposed antenna is to be located on an existing free-standing commercial antenna support structure.
(4)
Supplemental Standards and Criteria.
(a)
The applicant shall demonstrate that the proposed commercial antenna and its support structure are safe and the surrounding properties will not be negatively affected by support structure failure, falling ice or other debris.
(b)
All support structures shall be fitted with anticlimbing devices, as approved by the manufacturers.
(c)
A commercial antenna support structure shall be designed with excess capacity beyond the initial intended use in order to encourage secondary users to lease the balance of the capacity at reasonable rates. When a new antenna support structure is proposed, the applicant must demonstrate that all alternatives to the construction of a new antenna support structure have been exhausted.
(d)
The applicant shall provide information on a proposed design of a commercial antenna support structure which shall minimize the visual impact for those residents in an immediate area and for those in the larger community who view it from a distance. The commercial antenna and support structure shall be a brownish color (whether pained brown or caused by oxidation or otherwise to lessen visual impact) up to the height of the tallest nearby trees. Above that height, it shall be pained silver or other color which will minimize its visual impact.
II.
No-Impact Home-Based Business.
(1)
A no-impact home-based business, as so defined in this Chapter, shall also be subject to the following requirements:
(a)
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(b)
The business shall employ no employees other than family members residing in the dwelling.
(c)
There shall be no display or sale of retail goods and no stockpiling of inventory of a substantial nature.
(d)
There shall be no outside appearance of a business use including, but not limited to, parking, signs or lights.
(e)
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.
(f)
The business activity shall be conducted only within the dwelling and may not occupy more than twenty-five percent (25%) of the habitable floor area.
(g)
The business may not involve any illegal activity.
(2)
A no-impact home-based business shall be permitted in all residential zones of Wright Township as a use permitted by right, except that such permission shall not supersede any deed restriction, covenant or agreement restricting the use of land, nor any master deed, by law or other document applicable to a common interest ownership community.
[Added 12-9-2002 by Ord. No. 178]
JJ.
Data Center, Data Center Accessory Structure/Uses, Data Center Power Substation, Data Center Campus.
[Added 1-12-2026 by Ord. No. 2026-01]
(1)
Applicability. This subsection shall apply to all proposed Data Centers, Data Center Accessory Uses, Disaster Recovery Facilities, and Substations proposed in the I-1 District.
(2)
Building restrictions.
(a)
Minimum Tract Size: 50 contiguous acres (adjacent parcels under common ownership may be counted).
(b)
Maximum Floor Area: 500,000 square feet (multiple buildings may be permitted but each building may not exceed the max. square footage).
(c)
Maximum Height: 45 feet, including rooftop equipment.
(d)
Setbacks:
[1]
No structure within 300 feet of a residential zoning district or existing occupied residential property.
[2]
Loading docks and truck areas must also meet this setback.
(e)
Expansion: Any expansion of over 10% of the originally approved footprint or utility load requires amended conditional use approval.
(3)
Utility and Infrastructure Requirements.
(a)
General.
[1]
A utility capacity letter is required from each provider.
[2]
Approval will not be granted unless infrastructure can accommodate the proposed use without adverse impact to the surrounding development.
[3]
Cumulative impacts of existing or proposed data center projects shall be considered during approval.
(b)
Utilities/Power-Feasibility letters from providers; underground lines; document regional impacts. Must demonstrate no adverse impact on local grids.
(c)
Water Supply - Feasibility study required, Township Engineer and PA DEP approval. Must demonstrate no adverse impact on local water supply/quality.
(d)
Wastewater - Adequate disposal for domestic and cooling/industrial; approval by SEO/Township Engineer/PA DEP. Incudes public sewer capacity verification.
(4)
Portable Generators. Tier IV diesel; muffler/enclosure; limited testing hours; noise <= 65 dBA (day)/<=65 (night) measured at property line using ANSI standard meters. Testing to be paid for by owner. Exceptions allowed by EMA approval for emergencies which must be temporary in nature.
(5)
Portable turbines. Max 2 per parcel; setbacks 75 feet from property line; 10 days/year without temporary permit; noise compliant. Must be secured, functional braking.
(6)
Noise, sound, and testing restrictions.
(a)
Noise levels
[1]
Maximum noise generated shall not exceed the following limits when measured at any property line of the lot.
[a]
Day (7:00 am to 7:00 pm): 65 dBA.
[b]
Night (7:00 pm to 7:00 am): 55 dBA.
[2]
24-hour time weighted average noise (twa) shall not exceed the following limits when measured at any property line of the lot
[a]
Any 24-hour period 60 dBA (decibels A-weighted).
[3]
Compliance with these noise standards shall be determined by a qualified acoustical engineer approved by the Township at the expense of the applicant. Measurements shall be taken in the late fall or winter when the leaves are off the trees to accurately reflect the respective noise level requirements have been met.
[4]
The applicant/acoustical engineer shall submit a noise study demonstrating compliance with these standards, both for initial operation and any proposed expansions. The Township may require ongoing noise monitoring and testing.
(b)
Noise attenuation construction. Data center buildings shall be constructed utilizing materials and design techniques specifically engineered to minimize noise propagation from internal operations to the property lines. Building plans shall include details demonstrating how the building's construction contributes to meeting the Township's noise standards, subject to review and approval by the Township engineer.
(c)
Post project as built noise study. Upon completion of construction, the applicant shall submit a post project as built noise study prepared by a qualified acoustical engineer. This study shall verify the actual noise levels generated by the data center, data center accessory structures and data center power substations to comply with the established noise limits at the property line.
[1]
Noise monitoring required for generators and turbines, Township may require continuous remote monitoring cost to be borne by owner.
[2]
Violations of noise limits of equipment testing times may result in fines and corrective orders.
(d)
Generator testing. Will require a detailed statement of impact, including, but not limited to, noise, emissions and vibration. Periodic testing of standby generators shall be conducted exclusively during daytime hours (7:00 AM to 7:00 PM), excluding federal holidays, to minimize disruption to surrounding properties. No overnight testing is permitted. The schedule and duration of such testing shall be submitted to the Township for review and approval.
[1]
Violations are subject to daily fines and potential revocation of permits.
(7)
Vibration, air quality, and water use. Professional studies required to be submitted by applicant. Peer review at Township discretion.
(a)
Water supply requirements:
[1]
The applicant shall submit an analysis of raw water needs (groundwater or surface water) from either private or public sources, indicating quantity of water required.
[2]
If the source is from a municipal system, the applicant shall submit documentation that the public authority will supply the water needed.
[3]
If the data center is to rely upon nonpublic sources of water from the same property, a water feasibility study will be provided. The purpose of the study will be to determine if there is an adequate supply of water for the proposed data center and to estimate the impact of the data center on existing wells in the vicinity. No data center shall be approved without sufficient water and/or for a use that poses adverse impact on existing wells in the vicinity. A water feasibility study shall include the following minimum information:
[a]
Calculations of the projected water needs, including, but not limited to, flow rates.
[b]
A hydrogeological map of the area with a radius of at least one mile from the site.
[c]
The location of all existing and proposed wells within a minimum of 3,000 feet from any property line, with a notation of the capacity of all high-yield wells.
[d]
The depth of all wells within a minimum of 3,000 feet from any property line should be recorded.
[e]
A baseline of water quality for all wells within a minimum of 3,000 feet from any property line will be recorded.
[f]
The location of all streams and other bodies of water within a minimum of 3,000 feet from any property line and all known point sources of pollution.
[g]
Based on the geologic formation(s) underlying the site, the long-term safe yield shall be determined.
[h]
A determination of the effects of the proposed water supply system on the quantity and quality of water in nearby wells, streams, and the groundwater table.
[i]
Identification of how water will be recycled and/or released into surrounding water bodies or air.
[j]
A determination of how the recycling/release will impact the surrounding areas of the township.
[k]
3,000-foot minimums above may be extended at the discretion of the township supervisors after review of the initial study.
[4]
Any well at a depth which could be considered at risk of adverse impact with the additional water usage will be improved at the expense of the applicant prior to operations.
[5]
The study will be conducted by a qualified firm chosen by the Township; the cost of the study will be borne entirely by the applicant.
[6]
The applicant shall provide proof of review and approval from the Susquehanna River Basin Commission (SRBC), Department of Environmental Protection (DEP) and any other applicable authorities.
[7]
Quarterly reporting will be required to confirm that the water usage is at or below the stated water needs from the application. Reporting will be done at the expense of the applicant by a third party agreed upon by the Township and the applicant.
[8]
Required bonding: A bond shall be required from the applicant to cover any and all costs associated with the installation and/or upgrade of any necessary water supply infrastructure. The minimum bond amount shall be $3,000,000. The Township, upon review of the water supply impact studies, may require a higher bond amount if deemed necessary to fully cover potential infrastructure costs.
(b)
Emissions compliance. All fuel storage facilities shall comply with all applicable federal, state and local regulations including but not limited to those pertaining to air quality, hazardous material and environment protection.
(c)
Proof of compliance, necessary permits and renewals from Department of Environmental Protection (DEP), National Fire Protection Association (NFPA) and any other relevant regulatory agency shall be provided to the Township.
(8)
Lighting.
(a)
Outdoor lighting standards.
[1]
Purpose.
[a]
To permit the use of outdoor lighting for nighttime safety, utility and enjoyment.
[b]
To minimize light pollution, glare, and light trespass onto adjacent properties.
[c]
To conserve energy by promoting efficient lighting design.
[d]
To preserve the nighttime environment and residential character of the Township.
[2]
Applicability. These standards shall apply to all new and replacement outdoor lighting fixtures installed on a property, except for those specifically exempted in this subsection.
[3]
General requirements.
[a]
All new and replacement outdoor lighting fixtures shall be full cut-off fixtures.
[b]
All outdoor lighting shall be directed downwards and shielded in such a manner that the light source is not directly visible from any property line or public right-of-way.
[c]
The total illumination on any adjacent residential property line, measured at ground level shall not exceed .5-foot candles.
(b)
Reflected light.
[1]
The property owner or developer shall take measures to minimize glare and reflected light from any surface within the developed area, including building facades, parking lots and other hardscapes.
[2]
Building materials, particularly for facades with significant surface area facing a public right of way or residential properties, shall be selected to have a low reflectance value to minimize glare from streetlights or other light sources.
[3]
Any proposed high gloss or highly reflective surface materials shall be subject to Township review and may be required to be replaced with a less reflective alternative.
(c)
Prohibited lighting.
[1]
Upward facing spotlights or floodlights, except for temporary, special event lighting with prior approval.
[2]
Searchlights or similar high intensity fixtures used for advertising or attraction.
[3]
Lighting that creates a direct glare source from any public road or adjacent residential approval.
[4]
A lighting plan shall be submitted for review and approval as a part of any land development, subdivision or building permit application for nonresidential uses. The plan shall include fixture specifications, a photometric plan demonstrating compliance with these standards and a description of proposed materials designed to minimize reflective light.
(9)
Additional environmental standards.
(a)
Noise and vibration: Must not cross property lines.
(b)
Air quality: Must comply with all state and local emissions standards.
(c)
Water supply feasibility study: Required.
(d)
Wastewater plan: Required and reviewed by Township Engineer/SEO.
(e)
Compliance with § 145-315 required.
(10)
Screening and buffers.
(a)
Setbacks: 300-foot minimum from residential districts.
(b)
Buffers:
[1]
Continuous vegetation buffer, with a width of 50 feet shall be established and maintained along all property lines of any lot contain a data center, data center accessory structure or data center power station.
[2]
Must provide 75% visual opacity year-round within three years.
[3]
Buffer should consist of a mix of native evergreen and deciduous trees and shrubs with a minimum height of four feet when plated and designed to provide year-round screening. The planting plan for the buffer shall be subject to review and approval by the Township.
[4]
Buffer areas must not be used for parking, storage or other non-screening purposes.
(c)
Fencing. Solid fencing. No chain link or barbed wire along public roads. Subject to Township inspection.
(d)
Rooftop equipment. Must be fully screened or hidden.
(e)
Refuse areas. Must be fully enclosed.
(f)
Working order:
[1]
Fences, mechanical equipment, and refuse areas must remain properly maintained; failure may result in fines and Township-mandated corrections.
[2]
Landscaping buffers must be maintained; replacement of plaints within six months is required.
(11)
Design guidelines.
(a)
Facade design. Must include articulation every 150 feet (e.g., fenestration, materials change, green wall).
(b)
Green wall. May substitute for up to 50% of fenestration.
(c)
Fenestration coverage: 30% minimum on primary facades.
(12)
Traffic impact. A study shall be submitted to demonstrate traffic impacts are within tolerances and emergency access is ensured. Traffic must not adversely affect local roads.
(13)
Hours of operation for ancillary activities. Non-essential activities (deliveries, maintenance) must occur between 7:00 AM and 7:00 PM, Monday through Saturday.
(14)
Community Incentive Package.
(a)
Applicant must submit a binding Community Incentive Package as part of the application.
(b)
The Township may require the terms be recorded in a Developer's Agreement.
(c)
The community development package should be negotiated, proportional, legally tied to public welfare, education, health or infrastructure improvements.
(15)
Emergency response.
(a)
Emergency Response Plan: The applicant shall prepare and submit an Emergency Response Plan (ERP) to the municipality. This plan shall be subject to review and approval by the Township Supervisors and authorities having jurisdiction designated by the Township. At a minimum the ERP shall include:
[1]
Identification of all potential hazards associated with the use.
[2]
Written procedures for responding to fire, explosion, chemical release, or other emergencies.
[3]
Contact information for facility representatives available 24 hours a day.
[4]
Site layout diagram showing access routes, fire hydrants, utility shutoffs, and emergency equipment locations.
[5]
Procedures for evacuation of employees, residents, or the public, if applicable.
[6]
Notification protocols for local emergency services, municipal officials, and regulatory agencies.
[7]
A schedule for employee training and periodic drills.
(b)
Emergency responder training. Prior to the issuance of a certificate of occupancy, the applicant shall provide and fund specialized training and necessary equipment for the Township's fire department and other relevant emergency responders regarding the unique hazards and operational characteristics of the data center facility. This training shall cover, but not be limited to, emergency shutdown procedures, hazardous materials handling (if applicable), access points, and specific fire suppression system operations. Ongoing training shall be provided by the applicant periodically thereafter as deemed necessary by the Township Supervisors and authority(s) having jurisdiction designated by the township supervisors, to ensure continued preparedness.
(c)
Fire safety plan. Required and must meet NFPA standards.
(d)
Battery storage. Must comply with NFPA 855.
(e)
Hydrants. Storz fittings required.
(f)
Knox box. Required on all structures.
(16)
Power supply, distribution, and transmission.
(a)
Utility supply confirmation.
[1]
The applicant shall provide a written letter from the primary electric utility confirming the availability of sufficient electrical capacity to serve the proposed data center, including peak demand, redundancy, and any anticipated impact on surrounding properties or the local grid.
[2]
The Township may require independent review of the utility confirmation by a qualified engineer at the applicant's expense.
[3]
Failure to provide satisfactory confirmation may result in denial or suspension of any approval.
(b)
Onsite power generation.
[1]
Onsite power generation (diesel, natural gas, or other sources) shall be strictly limited to emergency backup only and shall not be used for normal operations.
[2]
Backup generation shall comply with all applicable environmental, noise, and emissions standards, and operation shall be restricted to actual emergency events or routine testing as approved by the Township.
[3]
Routine testing of backup generators may occur during daytime hours (7:00 AM to 7:00 PM) only, unless otherwise approved by the Township for emergency preparedness.
(c)
Transmission and distribution infrastructure.
[1]
All new or upgraded electrical transmission or distribution infrastructure required to serve the data center shall be designed and constructed to minimize visual impacts on surrounding properties and public rights-of-way.
[2]
Undergrounding of lines shall be required where feasible, taking into account soil conditions, utility requirements, right-of-way access, and reasonable cost. If underground installation is impractical, overhead lines may be permitted with justification and Township approval.
[3]
The applicant shall demonstrate that any proposed transmission or distribution upgrades will not adversely affect the reliability or safety of the existing electrical system. An independent engineering review may be required at the applicant's expense.
(d)
Substations.
[1]
Any new or expanded electrical substation serving a data center shall be sited and designed to minimize impacts on adjacent properties, including visual screening, setbacks, and noise mitigation.
[2]
Substations shall comply with all applicable local, state, and federal safety and environmental regulations.
(e)
Compliance and monitoring. The Township may require periodic reporting or monitoring to verify that the data center's power use and backup generation comply with this section.
