Except as hereinafter provided, no land, building, structure or premises shall hereafter be used, and no building or part thereof or other structure shall be located, erected, reconstructed, extended, enlarged, converted, altered or moved except in conformity with the regulations herein specified for the zoning district in which it is located.

Where a principal use and/or structure is permitted, there shall also be permitted upon the same lot, an accessory structure. 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 regulations within Article 6 (Special Exceptions) of this Ordinance, excluding the proposed construction, establishment or use of a structure which equals or exceeds seven hundred fifty (750) square feet of gross floor area.

302.1

Attached Accessory Structures.

Accessory structures which are attached to a principal structure shall comply with the same area and bulk requirements which are applicable to the principal structure.

302.2

Unattached Accessory Structures in Zones Other than R Zones.

Unattached accessory structures, in zones other than R zones, shall comply with the front yard and side yard requirements applicable to the principal structure and shall have a rear yard of at least ten (10) feet.

302.3

Unattached Accessory Structures in R Zones.

Unattached accessory structures in any R zone shall be erected only within the rear or side yard applicable to the principal structure, subject to the following:

a.

The maximum height shall be one and one-half (1½) stor[i]es or fifteen (15) feet, whichever is the lesser.

b.

The accessory structure shall be located not less than five (5) feet from either side lot line, except that, on a corner lot, Section 304 shall apply.

c.

The accessory structure shall be not less than five (5) feet from the rear lot line, except that, when the accessory structure abuts an alley, ten (10) feet shall be required.

A detached residential Storage Shed/Lawn Shed, as so defined in Article 2 of this Ordinance, shall be subject to the following dimensional limitations:

1.

A maximum floor area of not greater than 120 square feet;

2.

A maximum building wall length not greater than twelve (12') feet;

3.

A maximum height not greater than eight (8') feet from established grade;

Subject to compliance with the above specifications, a detached accessory residential Storage Shed/Lawn Shed shall be upon any existing residential property in any zoning district subject to the following requirements:

1.

A detached residential Storage Shed/Lawn Shed shall be located not less than three (3) feet from any side lot line or rear lot line.

2.

There shall be a minimum distance of not less than five (5) feet between the Storage Shed/Lawn Shed and any dwelling located on an adjacent lot.

3.

The construction of not more than one (1) detached residential Storage Shed/Lawn Shed upon a zoning lot shall be exempt from compliance with building lot coverage requirements otherwise applicable to the zoning district in which it is located.

4.

All other applicable provisions of this Ordinance shall remain in effect.

On a corner lot there shall be provided on each frontage thereof, adjacent to a street, a yard setback equal in depth to the required front yard setback of the prevailing zoning district in which the corner lot is located.

For residential lots, permitted accessory structures shall include noncommercial greenhouses, tool or lawn sheds, private garages or carports, private noncommercial swimming pools and noncommercial satellite antenna dishes.

A Noncommercial Satellite Dish Antenna, as so defined in this Ordinance, shall be deemed an accessory use, permitted by right in all zoning districts. A Noncommercial Satellite Dish Antenna with a diameter not greater than 30 inches shall be exempt from securing zoning approval.

306.1

Location on Lot.

A satellite dish antenna shall be located on a zoning lot in accordance with the provisions set forth in Section 302 of this Ordinance. A satellite dish antenna shall be affixed to a permanent location on a zoning lot in a stationary manner. No satellite dish antenna shall be installed on a portable or moveable device.

306.2

Number on Lot.

Not more than one (1) satellite dish antenna shall be permitted on a zoning lot in all R and C-N zones. There shall be no restrictions to the number of satellite dish antennas permitted in all other zones.

306.3

Height Limitations.

The height of a satellite dish antenna, including any supporting device, measured from ground level to its highest point of elevation, in all R and C-N zones shall not exceed thirty-five (35) feet, Satellite dish antennas in all other zones shall be exempt from meeting height requirements.

306.4

Size Limitations.

The dimensions of a satellite dish antenna measured from its outermost edges cannot exceed twelve (12) feet in diameter.

306.5

Accessory Uses to a Use Classified as a Special Exception Use.

Excluding the following types of accessory uses, an accessory use to a principal use and/or structure, which is classified as a special exception use, shall not be subject to the standards and regulations as set forth in Article 6 of this Ordinance.

a.

The proposed establishment of accessory off-street parking areas which equal or exceed ten (10) parking spaces or stalls.

b.

The proposed establishment of an accessory use of land which equals or exceeds five thousand (5,000) square feet of land area.

Granting approval for the establishment and/or construction of a satellite dish antenna shall not restrict or imply to restrict the use or development of another zoning lot.

Proposed improvements and/or structural alterations to an existing use which is classified as a special exception use shall not be required to secure Planning Commission review and Zoning Heating Board approval as otherwise required under this Ordinance when the following conditions exist:

1.

The proposed improvements and/or structural alterations shall not result in an expansion of the gross floor area and/or land area utilized by the principal use.

2.

Excluding a change of use to a use permitted by right, there shall be no change in the use of the property as a result of the proposed improvements and/or structural alterations.

In cases when a residential structure is a nonconforming use, located in a nonresidential zone, the proposed erection of an accessory residential structure shall be deemed exempt from classification as an expansion of a nonconforming use, but shall be subject to all other applicable regulations contained within this Ordinance.

A private noncommercial swimming pool capable and designed of containing water to a depth greater than thirty (30) inches shall be permitted as an accessory use in any zone subject to the following:

309.1

Yard Area and Setback Requirements.

A private swimming pool shall be located in either a side yard or rear yard with a minimum side yard and rear yard setback of five (5) feet, except when either yard area borders a street or public right of way, a minimum setback distance of ten (10)feet shall be required. Required setbacks shall be measured from the water's edge.

309.2

In-Ground Pools.

The pool or the entire property on which the pool is located, shall be enclosed with a permanent fence not less than four (4) feet in height, which includes a gate secured with a lock. The required fencing for an in ground pool must be installed upon the completion of the excavation work for said pool.

309.3

Above Ground Pools.

A.

Pools With Exterior Supports.

An above ground pool which is manufactured, designed and erected with supporting devices around and/or within the outer wall or edge of a 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 Section 309.2 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 is not to be considered as a barrier, Decks which are attached to the pool which have surface area not in excess of 24 square feet may project not more than three (3) feet into the required side yard or rear yard setback.

B.

Inflatable Pools without Exterior Supports.

An above ground pool which may be inflated and used without supporting devices around and/or within the outer wall or edge of a 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 Section 309.2.

When a property is located in more than one zoning district, the zone in which seventy-five (75) percent or more of the land is located would be the designated zone for the property in question. Where a lot or parcel of land is divided by a zone boundary line and when any portion thereof is not included within seventy-five (75) percent or more of the applicable zoning districts, the lot or parcel so divided shall constitute a separate zoning lot, each of which shall be treated for the purpose of this Ordinance as if held in different ownership and shall be used in accordance with the requirements of this Ordinance applicable to the zone in which it is located.

A Small Wind Energy Conversion System shall be deemed to be an accessory structure permitted in all zoning districts, as a special exception use, thereby requiring approval from the Zoning Hearing Board and subject to the standards as set forth in Article 7.

The application of area requirements shall be subject to the following subsections:

312.1

Area Attribution:

No area required for the purpose of compliance with area requirements with respect to any use or structure shall be also counted as being provided for compliance with the area requirements applicable to any use or structure.

312.2

Area Reduction:

No zoning lot, yard, parking area or other area or open space shall be reduced in dimensions or area below the minimum required by this Ordinance.

312.3

Side Yard of Corner Lot:

In an R district the width of a side yard of a corner lot for principal and accessory structures shall be ten (10) feet.

312.4

Adjoining Lots Under Same Ownership:

Adjoining lots under the same ownership, whether or not contained in one deed, shall be considered one zoning lot for the purpose of this Ordinance provided, however, there is only one principal use or structure on the zoning lot.

312.5

Yards, Projection Within:

Stairways, balconies, canopies or architectural features may project into any required yard not more then three (3) feet provided that all such projections do not occupy more than one-third of the length of the building wall, otherwise the required setback applies. All projections are prohibited from projecting in or over the public right-of-way.

In all zoning districts any area of a structure already under roof can be enclosed and is exempt from meeting the front, side and/or rear yard requirements.

314.1

Zoning Lot Development with More Than One Main Use or Structure:

In addition to zoning approval, the proposed development of more than one principal use and/or one principal structure on a zoning lot, whether initially or cumulatively, shall be governed by the applicable provisions of the Wilkes-Barre Subdivision and Land Development Ordinance.

314.2

Land Development Approval Required for Certain Non-Residential Buildings:

In addition to zoning approval, any proposed construction of a non-residential building with a single occupant shall be required to file a Land Development Plan and Application, in accordance with the applicable provisions of the Wilkes-Barre Subdivision and Land Development Ordinance if the proposed building will equal or exceed five thousand (5,000) square feet of gross floor area and/or be located upon a lot containing a minimum land area of not less than twenty thousand (20,000) square feet.

Height limitations in this Ordinance as so specified for each Zoning District shall not apply to church spires, belfries, cupolas and domes, monuments, water towers, small wind energy conversion systems, commercial communication towers, chimneys, smokestacks, flag poles, radio towers, masts and aerials, or to parapet walls extending not more than four (4) feet above the roof line of the abutting building.

On any corner lot no visual obstruction, including but not limited to fences, structures and/or vegetation, exceeding a height of thirty (30) inches, excluding street signs, utility poles or traffic signs, shall be erected, planted and/or maintained on any corner lot within the triangle formed by the intersecting property lines of the corner lot and a line projected between points of each of those adjacent property lines at a distance of twenty (20) feet from the intersection of said lot lines.

317.1

Residential Districts:

Fences in residential districts shall not exceed eight (8) feet in height and its location shall comply with Section 317 of this Ordinance. No fence shall contain barbed wire or other dangerous or potentially injurious material.

317.2

Non-Residential Districts:

Fences in non-residential districts are exempt from height and materials requirements and its location shall comply with Section 317 of this Ordinance.

317.3

Exemptions.

Fences to enclose a public park, a public playground or similar outdoor recreational facility shall be exempt from any height requirements. Its location shall comply with Section 317 of this Ordinance. No fence shall contain barbed wire or other dangerous or potentially injurious material.

The installation of a handicapped ramp in any zone, designed to provide access to handicapped persons, shall be exempt from meeting any applicable front yard or rear yard setback requirements. A minimum side yard setback of not less than two (2) feet shall be required for a handicapped ramp in any R and S zones.

With the exception of storage yards, the provisions and regulations of this Ordinance shall not apply to any existing or proposed building or extension thereof, used or to be used by a public utility corporation deemed necessary for the convenience or welfare of the public in accordance with Section 619 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.

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, a County road or a City street shall be conditioned upon the applicant securing a Highway Occupancy Permit from the applicable governing body and/or agency.

Any existing structure which contains two or more units, residential or non-residential, shall be exempted from the governing side yard setback requirements under the Zoning Ordinance relative only to interior side yards. When a side yard of a proposed subdivision is directly attached to another unit within the structure, subdivision approval by the Planning Commission shall exempt the property from requesting and/or securing an interior side yard variance from the Zoning Hearing Board.

Any structural portion of a building or structure, such as a deck, patio, porch or similar feature which is need of repair to the point of replacement shall be exempt from complying with the applicable setback requirements when all of the following conditions exist:

A.

The use of the building represents a use permitted by right in the district in which it is located.

B.

There are no outstanding zoning violations against the owner of the property.

C.

The structural replacement shall be the exact same location and structural replacement shall be the same size and height, or less, than that which is being replaced.

D.

A photograph of the subject property, taken prior to the start of work, must be submitted to the Zoning Officer with a completed zoning permit application, along with any other information deemed necessary by the Zoning Officer to process the application.

In any zoning district, a Zoning Permit Application and approval of the same shall not be required for any mechanical equipment or apparatuses thereto utilized for heating, plumbing, ventilation, electrical service, or similar functional utilities of a building and/or structure when either of the following conditions exist.

A.

The subject equipment is located within the interior space of the building and/or structure.

B.

The equipment is not physically attached to the building and/or structure as an integral part of its design and/or construction.

For the purpose of administration of this Ordinance, any piping, wiring, poles, valves or similar features which represent the connection of the subject equipment to service the building and/or structure shall not be deemed to be physically attached and/or an integral part of the design and/or construction of the building and/or structure.

Whenever, in any district established under this Ordinance, a use is neither specifically permitted nor denied and an application is made by a landowner to the Zoning Officer for such use, the Zoning Officer shall refer the application to the Zoning Hearing Board and Planning Commission to hear and decide such request as a special exception. The Board shall have the authority to permit the use or deny the use in accordance with the standards governing special exception applications. The use may be permitted if it is similar to and compatible with permitted uses in the district and in no way is in conflict with the general purposes and intent of this Ordinance. The burden of proof shall be upon the applicant to demonstrate that the proposed use would meet the standards and criteria for special exceptions as contained in Article 6 of this Ordinance and would not be detrimental to the public health, safety and welfare of the neighborhood.

A use, provided for within Article 5, Zoning District Regulations of this Ordinance, shall, in addition to all other applicable provisions of this Ordinance, be governed by the applicable regulations contained within Article 7, Supplemental Regulations.

In the event that any provisions within this Ordinance are found to be in conflict with another provision of this Ordinance, and/or any other ordinance, law, or regulation of the Township, State or United States Government, the most restrictive shall apply.