Wilkins Township City Zoning Code
ARTICLE IV
General Regulations
§ 450-14 Nonconforming uses and buildings.
A.
Continuing existing uses. Except as otherwise provided, the lawful use of land or buildings existing as of the date of adoption of this chapter may be continued even though such land or building does not conform to the regulations specified by this chapter for the district in which such land or building is located. Normal maintenance of nonconforming land or buildings may occur, including any necessary repairs and alterations which do not enlarge or extend the nonconformity.
[Amended 3-14-2011 by Ord. No. 1014]
B.
Expansion. A nonconforming building may be enlarged to an extent not exceeding 50% of the ground floor area of the original building, provided that:
C.
Restoration. Any nonconforming building or use which has been destroyed by fire, explosion, flood, windstorm or other casualty shall be considered partially destroyed if the cost of restoration equals 100% or is less than 100% of the tax assessed value as recorded in the County Office of the Board of Property Assessment, Appeals and Review, and such building or use may be rebuilt, restored or repaired, provided that such restoration is started within one year and completed within two years. If the damage is greater than as aforesaid, the building or use shall be considered completely destroyed and shall not be rebuilt, restored or repaired.
[Amended 12-28-1998 by Ord. No. 917]
D.
Conversion to a permitted use. Any nonconforming building or use which has been changed to a conforming use shall not be changed back again to a nonconforming use.
E.
Abandonment. A nonconforming use shall be considered to be abandoned if such nonconforming use or activity on the part of the owner or tenant shall cease for a period of one year, and any future use of said building or premises shall be in conformity with the provisions of this chapter.
F.
Buildings existing as of the date of the adoption of this chapter which conform as to use but which are nearer to the front, rear or side lot line than permitted under this chapter shall be deemed to create nonconforming lines.
[Amended 3-14-2011 by Ord. No. 1014]
(1)
Buildings which are located in any residential zoning district may be constructed or extended along a nonconforming front, rear or side line on the same lot upon which nonconforming front, rear or side lines exist.
(2)
Buildings may be constructed on an unimproved lot situated between two adjacent lots on which nonconforming building lines exist, provided that the proposed nonconforming building lines are in line with either of the existing adjacent building lines.[1]
[1]
Editor's Note: Former Subsection G of the 1998 Code, regarding the extension of existing buildings along nonconforming side lines, which immediately followed this subsection, was repealed 3-14-2011 by Ord. No. 1014.
§ 450-15 Computation of lot area.
Any portion of a lot once used as a yard or as lot area per family in compliance with the area requirements of the district regulations of this chapter shall not be counted again as required yard or lot area per family for another building.
§ 450-16 Unenclosed porches.
An unenclosed porch no more than one story or 15 feet in height and 12 feet in depth may be erected in the front or rear yard, provided that no portion of said porch shall be closer to a side lot line than the required width of the side yard.
§ 450-17 Projections into required yards.
A buttress, chimney, cornice, pier or pilaster projecting no more than 12 inches from the wall of the building may project into a required yard.
§ 450-18 Service roads.
In the C Commercial District, service roads may be constructed within the front and rear yards of the building lot.
§ 450-19 Fences.
[Amended 8-10-1975 by Ord. No. 587; 10-13-2003 by Ord. No. 957]
A.
Vegetation hedge or fence.
(1)
A vegetation hedge or fence no more than 48 inches in height may be erected in the front and side yard of any structure, except on corner lots.
(2)
A vegetation hedge or fence no more than 72 inches in height may be erected in the rear yard of any structure.
(3)
For purposes of this subsection, the line of demarcation between rear and side yards shall be the rear wall of the structure.
(4)
A vegetation hedge or fence not more than 120 inches in height maybe erected in any yard used for public schools, public parks, public recreation or public institution areas.
(5)
On corner lots, no vegetation hedge or fence exceeding 36 inches in height shall be erected within 50 feet of the intersecting street lines, except split rail and chain link fences not more than 48 inches in height may be enacted.
B.
Barbed wire may be used only as follows:
(1)
Barbed wire may be strung directly above an existing permitted fence at a height not less than five feet above ground level and shall not be strung more than two feet in height above an existing permitted fence.
(2)
No barbed wire shall be strung within any Township right-of-way.
(3)
All parts of barbed wire must be visible to the naked eye at all times.
§ 450-20 Accessory buildings and uses in residential district.
[Added 4-11-1983 by Ord. No. 702; amended 9-13-2004 by Ord. No. 965; 11-22-2010 by Ord. No. 1011; 7-13-2020 by Ord. No. 1089; 7-11-2022 by Ord. No. 1108]
A.
In all residential districts, accessory buildings and uses, with the exception of Little Free Libraries and as provided in § 450-23D, shall be installed only in the side or rear yards as defined in Article II and shall not exceed a height of 10 feet when the use is a building, except garages for motor vehicles which shall not exceed a height of 12 feet.
B.
In all residential districts, accessory buildings and uses, with the exception of Little Free Libraries and as provided in § 450-23D, shall be placed on the lot in conformance with the rear and side line footage requirements as set forth in § 450-13A, except when the accessory building or use covers a ground area of 120 square feet or less, in which case an accessory use or building may be installed within five feet of the side and rear lot line.
§ 450-20.1 Little free libraries.
[Added 7-13-2020 by Ord. No. 1089]
A.
Accessory use. Little free libraries which comply with the definition and standards of this chapter shall be permitted within all zoning districts.
B.
Location within a lot.
(1)
Little free libraries may be placed in a front, side or rear yard. When placed within a front yard, a little free library may be no closer than one foot to any sidewalk, street curb, or front lot line. When placed within a side or rear yard, any part of a little free library or its substructure may be located up to the side or rear lot line, except where otherwise prohibited as in § 450-29 ("clear sight triangle"). Little free libraries may be placed within the public right of way, in a fashion similar to a mailbox. However, any damage incurred because of the location shall be the sole responsibility of the owner.
C.
Design and installation standards.
(1)
Little free libraries shall not exceed eight cubic feet in size.
(2)
Little free libraries shall be constructed in such a manner that no person or child is able to enter.
(3)
Little free libraries shall be anchored to the ground or otherwise securely attached to something having a permanent, anchored location on the ground.
D.
Signage and graphic content. No signage or graphic content may be displayed on a little free library except the name of the little free library.
§ 450-21 Applicability.
This chapter shall not apply to land or buildings owned or leased by the Township of Wilkins or any municipal authority or public service organization created by said Township.
§ 450-22 Special exception uses.
The following uses may be authorized as special exceptions with such conditions as are deemed appropriate by the Zoning Hearing Board.
A.
Living quarters in an accessory structure as an accessory use to a single-family house to accommodate domestic employees of the residents of the principal building.
B.
The accommodation of not more than two nontransient roomers as an accessory use to a single-family house, provided that no sign is displayed.[1]
C.
Temporary structures and trailers used in conjunction with construction work may be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period.
D.
Uses similar to those permitted in the Commercial and Manufacturing Districts may be authorized in the respective districts utilizing the following criteria:
(1)
The proposed use conforms to the district provisions and all general regulations of this chapter.
(2)
The proposed use shall not involve any element or cause any condition that may be dangerous, injurious or noxious to any property or persons and shall comply with the performance standards of § 450-51.
(3)
The proposed use shall be sited, oriented and landscaped to produce a harmonious relationship of buildings and grounds to adjacent buildings and properties.
(4)
The proposed use shall produce a total visual impression and environment which is consistent with the environment of the neighborhood.
(5)
The proposed use shall organize vehicular access and parking to minimize traffic congestion in the neighborhood.
(6)
The proposed use shall preserve the objectives of this chapter and shall be consistent with the Comprehensive Plan.
E.
Parcels of land held in single and separate ownership which are composed of contiguous lots originally subdivided prior to 1969 into lots having areas or width less than those permitted in the district, where resubdivision subject to this chapter will result in undue hardship, in the case of substantial improvements, having been made to the property under and subject to any then-existing regulations, which improvements render resubdivision impractical or unusually burdensome.
F.
Fences not conforming to the standards of this chapter if they do not unreasonably interfere with light, air or view of any other property, whether or not abutting, and are not likely to endanger public safety by reason of design or construction.[2]
G.
Adult uses.
[Added 8-18-1992 by Ord. No. 825]
(1)
In the M Manufacturing District, the following special uses are permitted as special exceptions: adult bookstores, adult mini motion-picture theaters, adult motion-picture theaters, adult entertainment and adult motels and other uses similar in nature.
(2)
Specific conditions for special exceptions for adult bookstores, adult mini motion-picture theaters, adult motion-picture theaters, adult entertainment, adult motels and other uses similar in nature in the M District:
(a)
Adult bookstores, mini motion-picture and motion-picture theaters, entertainment and motels regulated. In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable characteristics, particularly when several are concentrated under certain circumstances thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in the following subsections of this section. These regulations are for the purpose of preventing a concentration of these uses in any one area and preventing the establishment of these uses in close proximity to other permitted uses in the M District.
(b) ADULT BOOKSTORE ADULT ENTERTAINMENT ADULT MINI MOTION-PICTURE-THEATER ADULT MOTEL ADULT MOTION-PICTURE-THEATER SPECIFIED ANATOMICAL AREAS SPECIFIED SEXUAL ACTIVITIES
Definitions.[3] For the purpose of this section, the following definitions shall apply:
An establishment having a substantial or significant portion of its stock-in-trade, including but not limited to videocassettes, movies, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined below, or an establishment with a segment or section devoted to the sale or display of such material.
Entertainment consisting of the use of live dancing, posing, acting or other theatrical presentation involving personnel whose actions are distinguished or characterized by emphasis on the use of the human body in a manner intended to or resulting in arousal of sexual excitation or sexual titillation or a prurient interest or intended to or resulting in producing lustful emotions.
An enclosed building with a capacity for accommodating less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
A hotel presenting adult motion pictures by means of closed circuit television or any other method of transmission, the material being presented having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
An enclosed building with a capacity for accommodating 50 or more persons used for presenting material having as a dominant theme or presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined herein, for observation by patrons therein.
(d)
Regulated uses shall be permitted subject to following restrictions:
[1]
No such regulated uses shall be allowed within 1,000 feet of another existing adult use.
[2]
No such regulated use shall be located within 500 feet of the property line of any existing residentially zoned property, an existing church or other place of worship or any existing school or property used as a private or public park or playground.
[3]
The distance provided for in this section shall be calculated by following the shortest route of ordinary pedestrian travel along the public thoroughfare from the main entrance of a proposed regulated use to the main entrance of any existing regulated use or the property line of any existing residentially zoned property, any existing church or other place of worship or any existing school, private or public park or playground.[4]
[4]
Editor's Note: Original Section 303, entitled "Signs," which immediately followed this section, as amended, was repealed 3-8-1993 by Ord. No. 834.
H.
In the M Manufacturing District, communications towers, including tower-mounted communications antennas and any related communications equipment building, subject to the provisions of § 450-74.
[Added 8-13-2001 by Ord. No. 936]
I.
Communications antennas mounted on an existing public utility transmission tower, building or other structure, subject to the provisions of § 450-59.
[Added 8-13-2001 by Ord. No. 936][5]
[5]
Editor's Note: Former Subsection J of the 1998 Code , regarding no-impact home-based businesses, added 2-10-2003 by Ord. No. 953, which immediately followed this subsection, was repealed 3-14-2011 by Ord. No. 1014.
§ 450-23 Off-street parking and loading.
[Amended 5-14-1979 by Ord. No. 644; 4-9-1996 by Ord. No. 884]
A.
Off-street parking.
(1)
Off-street parking spaces shall be provided in accordance with the specifications of this section in any district whenever any new use is established or an existing use is enlarged.
[Amended 4-14-2008 by Ord. No. 986; 2-25-2013 by Ord. No. 1031; 8-12-2024 by Ord. No. 1127]
Use | Parking Spaces Required | ||
|---|---|---|---|
Bowling alleys | 5 for each alley, plus any additional parking requirements for an establishment containing a bar/lounge in addition to a bowling alley, as indicated under "restaurants" | ||
Business professional offices | 1 for every 300 square feet of gross floor area in banks and professional offices with on-site customer service; or the greater of 1 space per employee or 1 space per 400 square feet of gross floor area for offices without on-site customer services; or 1 space for each 100 square feet of gross floor area accessible to the public for personal service establishments, plus 1 space for each employee on the peak shift | ||
Churches | 1 for every 6 seats in the principal meeting room | ||
Clubs | 1 for every 50 square feet of aggregate floor area in a meeting room/auditorium for clubhouses and civic, fraternal and labor meeting halls, plus 1 for every employee on the largest shift | ||
Dwellings | 2 for each dwelling unit | ||
Family day care facilities | 1 for each employee, plus a dropoff/pickup location for every 3 individuals served | ||
Family day care homes and group homes | 2 for each home, plus 1 dropoff/pickup location for every 3 individuals served | ||
Funeral homes | 1 for every 50 square feet of gross floor area per parlor in the funeral home, plus 1 for every remaining 300 square feet of gross floor area | ||
Gas stations | 1 for every 200 square feet of floor area with not less than 8 spaces in any and all events | ||
Hospitals and group homes | 1 for every 3 beds, plus 1 for every employee on the largest shift | ||
Hotels/motels | 1 for every rental unit, plus 1 for every 2 employees, plus 1 for every 4 seats in a main gathering area or restaurant | ||
Medical offices | 1 for every doctor, plus 1 for every employee and 2 for each chair, examination or treatment room or patient service area | ||
Outdoor commercial entertainment | 1 for each 4 customers, computed on a basis of maximum capacity at any 1 time, plus 1 for every 2 employees on a peak shift | ||
Restaurants (all classifications) | 1 for every 50 square feet of public floor space, plus 1 for every 3 outdoor seats, plus 1 for every employee working on the largest shift | ||
Areas of public assembly | 1 for every 4 seats | ||
Schools: | |||
Adult education | 1 for every 3 students, plus 1 for each member of the staff | ||
K through 8 education | |||
Bused or public transportation | 1 for every 7 students, plus 1 for each member of the staff | ||
Nonbused or private transportation | 1 for every 3 students, plus 1 for each member of the staff | ||
9 through 12 education | |||
Bused or public transportation | 1 for every 5 students, plus 1 for each member of the staff | ||
Nonbused or private transportation | 1 for every 3 students, plus 1 for each member of the staff | ||
Short-Term Rentals | 2 for each Short-Term Rental Dwelling or Dwelling unit and 1 for each 3 persons at the maximum permitted occupancy | ||
Stores, shops and specialty retail | 1 for every 175 square feet of gross leasable floor space | ||
Theaters or places of entertainment | 1 for every 3 seats | ||
Uses not otherwise listed | 1 for each 3 persons at maximum permitted occupancy, or 1 for each 300 square feet of gross floor area of the building or lot area devoted to such use, whichever is the greater | ||
Warehouses and bus garages | 1 for every 2 employees | ||
(2)
Off-street parking spaces shall have a width of not less than nine feet and an area of not less than 171 square feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Any off-street parking lot shall be graded for proper drainage and surfaced so as to provide a durable and dust-less surface.
(4)
Any lighting used to illuminate any off-street parking lot shall be so arranged as to reflect the light away from adjoining premises in any R District.
(5)
When determination of off-street parking results in a requirement of a fractional space, any fraction shall be counted as one space.
(6)
There shall be adequate provision for ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive of not less than eight feet in width in the case of a dwelling, and not less than 24 feet in width in all other cases, leading to the parking or storage areas and to loading or unloading spaces required hereunder.
(7)
Parking spaces may be located on a lot other than that containing the principal use only upon the grant of a special exception by the Zoning Hearing Board, provided that safe, convenient pedestrian access is assured and that a written agreement, approved by the Township's Solicitor, shall be filed with the application for a zoning permit, containing a guaranty that such parking spaces shall be available so long as the principal use is continued.
(8) FLOOR AREA GROSS LEASABLE FLOOR AREA
For the purposes of this section, the following terms shall have the following meanings:
The sum of the gross horizontal area of the several floors of the building or improvements, as measured between the exterior faces of the walls.
The total floor area of the building or improvement designed for tenant occupancy, excluding halls, corridors or other areas used in common by the tenants of the building or improvement, expressed in square feet and measured from the center line of joint partitions and exteriors of outside walls.
B.
Off-street loading. One off-street loading berth of not less than 35 feet by 10 feet shall be provided for every business and industrial use with a floor area of more than 10,000 square feet, with one additional berth required for each additional 25,000 square feet of floor area. Access and space to maneuver shall be sufficient so that no truck need back onto any public street or across any public sidewalk.
C.
For establishments with drive-through lanes, the lane shall accommodate four cars stacked within the lane.
[Added 2-25-2013 by Ord. No. 1031]
D.
Parking pads as an accessory use.
[Added 7-11-2022 by Ord. No. 1108]
(1)
Parking pads are permitted as an accessory use in the R-3 and R-4 zoning districts, if the residential property meets one of the following exceptions:
(a)
Residential properties that abut existing streets that provide a cartway of 20 feet or less so that emergency vehicles may pass safely.
(b)
Residential properties that do not have an existing private driveway due to physical constraints to the property such as a steep hillside.
(c)
Residential properties that have existing private driveways with slopes exceeding 5% limiting the ability to park in inclement weather.
(d)
Residential properties that have existing single-car garages abutting a private driveway with a depth of 40 feet or less as measured from the curb to the garage door.
(2)
Parking pads may be located within the required front, side and rear yard, based upon the following provisions:
(a)
Parking pads must abut an existing driveway, if a driveway is present, or be parallel to an existing street.
(b)
Where an existing driveway is present, parking pads must be constructed of the same material as the existing driveway.
(c)
Parking pads must abut the curb. Vehicles must be parked at least one foot behind the curb and shall not encroach upon the cartway or pedestrian accessway.
(d)
Parking pads must be nine feet by 19 feet in diameter.
(e)
Only one parking pad is permitted per residential property.
(f)
Parking pads must be constructed of an approved all-weather surface such as bricks, concrete, asphalt or gravel. If a gravel parking pad is proposed, the depth of the gravel shall be at least four inches and the type of gravel must be approved by the Township prior to placement. In no event shall vehicles be parked on grassy or open areas not designated for off-street parking.
(3)
Parking pads may be used only for the parking of passenger automobiles with a Class 2 or less registered gross or combination weight in pounds as provided by the Pennsylvania Motor Vehicle Code, Act of June 17, 1976, P.L. 162, No. 81, 75 Pa.C.S.A. § 1916.
(4)
Parking pads must be used by the owner/occupant of the residential structure and shall not be sublet.
(5)
Parking pads must be maintained. Property owners are required to ensure that loose gravel does not present a hazard to pedestrians and that weeds or other vegetation is not present within or around the parking pad.
(6)
A zoning permit is required for the placement of a parking pad.
§ 450-24 Removal of topsoil.
A.
No soil, loam, sand or gravel shall be removed from any parcel of land in any district.
B.
Nothing herein shall prevent the construction of a building for which an unexpired permit has been issued or the landscaping of the lot or lots upon which a building has been erected.
C.
If a building is being constructed or altered, material excavated in connection with such construction may be sold.
D.
All lands, regardless of their slope, from which structures or natural cover has been removed or otherwise destroyed shall be appropriately graded and seeded within a reasonable time of such clearance activity. The phrase "a reasonable time" shall be interpreted to be within two weeks during the growing season and shall be rigidly applied to construction activities in order to accomplish the intent of keeping erosion to an absolute minimum.
E.
No cutting, filling or other disturbing of land and natural vegetation is permissible within 50 feet of the edge of natural drainagecourses except as permitted by action of the Zoning Hearing Board. In such cases, the Board may grant permission, provided that special precautions are taken to ensure against continuing erosion or other circumstances which may be harmful to the immediate watercourse or in any way pollute the stream, provided that no permission shall be granted which is not in conformance with all Township ordinances regulating cutting and filling.
[Amended 12-28-1998 by Ord. No. 917]
§ 450-25 Rear dwellings restricted.
No building in the rear of a principal structure and on the same lot not extending through a block from street to street shall be used in whole or in part as a dwelling unless there is provided for such structures an unobstructed easement of access at least 20 feet wide to a street, and within the lines of such easement shall be constructed a gravelled or other paved way sufficient in width and thickness to accommodate fire apparatus or other emergency equipment. Such building shall conform to all density district requirements for a principal building, and the rear line of the required rear yard for the principal building in front shall be considered the street lot line for the building in the rear. This provision does not apply to multiple-family dwellings in commercial areas.
§ 450-26 Vehicular traffic control.
[Added 2-11-1980 by Ord. No. 650]
A.
All applications for building or occupancy permits for any commercial, manufacturing or industrial use of any property abutting a public street accepted and maintained as a public street by the Township of Wilkins or the Commonwealth of Pennsylvania shall contain the following information:
(1)
A clear description or the land use and purpose for which the property is to be used or reused.
(2)
The precise location of all driveways and driveway approaches serving all roads and abutting properties.
(3)
The number of parking spaces existing or to be created on the property.
(4)
The identity of any abutting property, whether or not within the Township of Wilkins, from which vehicular traffic is to be connected to the public street by transversing the property for which application is made.
B.
Where it appears from the application that the number of daily vehicular trips to or from the property will exceed 100 or more, the applicant shall provide a detailed report of existing and forecasted vehicular traffic activity which may result from use of the property and the public street.
C.
The aforesaid report shall be prepared by a person qualified in the field of traffic engineering. In addition to the requirements of Subsection B hereof, the report shall contain conclusions concerning the impact of the proposed land use or reuse on the flow of traffic, shall provide vehicle trip generation rates and vehicle trip deployment patterns, shall identify street capacity and/or safety deficiencies within the environs of the proposed development and shall recommend maximum size and gross weight limits for vehicles based on the width, grade, configuration and condition of the public street.
D.
The Zoning Officer shall review the application, and where the information supplied is incomplete or, to the officer's knowledge, inaccurate, the Officer shall obtain an independent study by a person qualified in traffic engineering, at the expense of the applicant.
E.
No permit shall be issued for any building or use where it appears from the traffic reports that the traffic generated by the use will create a danger to the health, safety or welfare of the public or of Township residents by reason of exceeding the capacity of public streets, lack of proper traffic control at nearby major thoroughfares, their intersections or interchanges or because the proposed use involves vehicles in excess of the size or weight which can safely traverse the public street by reason of street grade, width or configuration.
F.
No part of any property in the commercial, industrial or manufacturing districts, whether a use or occupancy permit has been heretofore or is hereafter issued, shall be used as a right-of-way to connect the land under permit to any abutting property for passage of vehicular traffic unless a permit for such use is applied for and issued by the Township of Wilkins.
§ 450-27 Sidewalk requirement.
[Added 2-9-2015 by Ord. No. 1053]
Sidewalks shall be required within the public right-of-way for all properties abutting arterial streets in the C Commercial District upon the transfer of ownership of property, the new development of property, a subdivision or reverse subdivision of property, or a major renovation of infrastructure located on the property. All sidewalks shall be installed in accordance with the design standards of Chapter 379, Streets and Sidewalks.