Wolf Township Lycoming County
City Zoning Code
City Zoning Code
PART 6
ACCESSORY USE REGULATIONS
§ 27-601 Accessory Residential Uses.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011]
1.
Accessory residential uses, including apartments or dwelling units above or adjoining a commercial use, may be permitted in the Commercial District. Every such proposed use shall also meet the requirements outlined below:
A.
All such uses must remain secondary to the principal commercial use of the structure.
C.
The off-street parking requirements set forth in §27-1101 of this Chapter shall be met for both the commercial and residential uses.
D.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the addition of the dwelling unit(s) and shall meet the requirements of the Pennsylvania Department of Environmental Protection.
§ 27-602 On-lot Storage. (See also §§27-603 and 27-604.)
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011; and amended by Ord. 2018-02, 9/10/2018]
1.
For the purposes of this Chapter, the storage of manmade materials, vehicles, equipment or similar items on any lot, in any zoning district, may only be authorized as accessory to an approved, principal use and shall be subject to the following standards:
A.
Such storage shall be located on a lot occupied by the owner of the vehicle or item or on a lot immediately adjacent to the owner’s lot.
B.
Where permitted, on-lot storage shall not occupy more than 400 square feet of any one parcel of land in any Residential Zoning District.
C.
Such storage may be enclosed or unenclosed. Unenclosed material or units being stored in any Residential Zoning District shall be covered with a nontransparent or opaque tarp.
D.
Such storage shall not constitute a nuisance.
E.
No such storage shall be permitted in a front yard and shall be situated so as to meet the applicable side and rear yard setback requirements of the district in which it is located.
F.
No part of a street right-of-way, sidewalk or other area intended or designated for pedestrian use, and no required parking area, shall be used for such storage.
G.
In the Commercial and Industrial Zoning Districts, all permanent, unenclosed on-lot storage areas shall be screened or shielded from view by a fence, wall or screen planting which is open or broken only where necessary for vehicle entrances and exits and to avoid obstructing a clear sight triangle, if it is adjacent to a residential property.
H.
No on-lot storage shall be permitted in a Floodway District.
I.
One unoccupied recreational vehicle, camper, or similar unit may be stored on a lot occupied by the owner of the unit, provided that placement of the unit meets all dimensional requirements of the district in which it is located. On-street parking of such vehicles shall be prohibited.
J.
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or may be edible or otherwise attractive to rodents or insects shall be stored outside only in closed containers.
K.
No highly flammable or explosive liquids, solids, or gases shall be stored in bulk above ground, except as permitted by State or Federal regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
L.
In no case shall on-lot storage cause the lot to become a junkyard nor shall such accumulation become an independent commercial operation.
§ 27-603 Temporary Storage Structures.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011; and amended by Ord. 2018-02, 9/10/2018]
1.
For the purposes of this Chapter, a structure to be used, or intended to be used, for the temporary storage of household goods on residential property and business specific goods on professional, commercial or industrial used and/or zoned lands. Such temporary structures shall not interfere with the normal operation of the permanent use on the property and shall not be detrimental to property or improvements in the surrounding areas. There shall also be no risk of injury to persons as a result of such storage. The following conditions shall apply to all temporary storage structures:
A.
Cargo containers shall not exceed industry standards for width and height, and shall not exceed 53 feet in length. The use of such containers shall be limited to commercial or industrial zoned land.
B.
Portable storage containers shall not exceed industry standard for width, height and length, not to exceed 10 feet wide by 10 feet high by 20 feet in length in residential zoned land. There shall be a maximum of one container per lot.
C.
The use of cargo containers and portable storage containers shall require a temporary zoning permit. In the event the owner of the property suffers a catastrophic loss due to fire, flood, or other physical calamity, the owner shall obtain a demolition and/or building permit. Such containers shall be removed within two weeks of the demolition or building permit expiration or the issuance of a certificate of occupancy.
D.
Bulk solid waste and recycling containers may be used in all districts. Such containers used in conjunction with a demolition or building permit shall be removed prior to the demolition or building permit expiration or the issuance of a certificate of occupancy. Bulk solid waste and recycling containers may also be used for the removal of miscellaneous waste without a permit. In this case, the use of such containers in Residential Districts shall be limited to no more than 90 days in any calendar year.
E.
Construction trailers/containers/portable structures may be used in all districts, provided there is an active building permit in place. Such structures shall be set back a minimum of five feet from side and rear property lines and 10 feet from front property lines. Such structures shall be removed within two weeks of the building permit expiration or the issuance of a certificate of occupancy.
F.
No temporary storage structure shall be located so as to interfere with traffic visibility.
§ 27-604 Accessory Storage Trailers.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011; and amended by Ord. 2016-05, 11/14/2016]
1.
For the purposes of this Chapter, an accessory storage trailer shall be defined as 1) that part of a tractor trailer truck which is pulled by the tractor, but which has been detached from the tractor, placed on a lot with a principal use, and is being used for storage purposes, or 2) a mobile home, travel trailer, or similar type of manufactured housing unit not being utilized for residential purposes, which has been placed on a lot with a principal use and is being used exclusively for storage, as an accessory use. The following standards shall be applied to such uses:
A.
Storage trailers may only be permitted as accessory uses in the A-R and Industrial Districts. Such units must be used for storage purposes and all unused or vacant units must be removed from the site.
B.
When possible, the suspension system under the trailer shall be removed and the unit shall be placed on a foundation or shall be otherwise affixed to the ground. Where such unit is to be used for agricultural purposes however, wheels may be left on the unit as a means of facilitating its use for such activities.
C.
No accessory storage trailers shall be permitted in the Floodway District. When located in any other designated floodplain area, all such units shall be floodproofed in accordance with the standards set forth in §27-903 of this Chapter.
D.
No more than two such units may be permitted to be located on a single tract of ground.
E.
Permitted storage trailers must meet all applicable setback requirements for the district in which they are located and shall be situated on the site so as to be as inconspicuous as possible.
§ 27-605 Utility Sheds.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011; and amended by Ord. 2017-03, 7/10/2017]
1.
For the purposes of this Part, utility sheds may only be authorized as accessory to an approved principal use and shall be subject to the following standards:
A.
Such utility shed shall not constitute a nuisance.
B.
No utility shed shall be permitted in a front yard or in a side yard.
C.
All utility sheds shall be constructed to meet the applicable setback requirements of the district in which the utility shed is located. Notwithstanding the applicable side and rear yard setback requirements in the RU and RS Districts, a utility shed may be located within the required rear yard so long as the utility shed is not located within five feet of the rear lot line and within five feet of the side lot line.
§ 27-606 Roadside Stands.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011; and amended by Ord. 2016-05, 11/14/2016]
1.
Permanent roadside stands or shelters may be permitted as accessory uses in the Agricultural-Rural or Commercial District the sale of farm, nursery or greenhouse products, provided that the following criteria can be met.
§ 27-607 Swimming Pools.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011]
1.
Private Swimming Pools. Private swimming or bathing pools (pools used by the occupant and his guests) may be permitted as accessory uses in all zoning districts, with the exception of the Industrial District, but must comply with the following requirements.
A.
Except as provided in Paragraph C below, every outdoor private swimming pool of permanent construction, whether above or below ground, shall be completely surrounded by a fence or wall not less than four feet in height to prevent uncontrolled access. Such fence or wall shall be constructed according to the swimming pool safety section of the International Building Code. (All natural barriers, etc., regulated by the International Building Code may also be applied in these instances.)
B.
A dwelling or accessory structure may be used as part of such enclosure.
C.
No additional fence or wall shall be required where a minimum of four feet of the walls around the entire perimeter of a pool are located above ground; provided, however, that steps, ladders and other means of access to the pool are removed or secured to a minimum of four feet above ground level when the pool is not in use.
D.
No pool may be used for swimming until a certificate of occupancy is received from the building code inspector. This certificate is not available unless the fence is completed.
E.
The pool shall not be located within any required front yard nor closer to any side or rear property line than is established for accessory structures in the district where the pool is located.
2.
Public Swimming Pools. Public swimming or bathing pools shall be defined as those facilities available for use by the public, including pools owned and operated by municipal governments, private organizations, or pools provided in conjunction with motels, transient lodging facilities, or mobile home parks. Such pools shall be subject to all requirements established by the Pennsylvania Department of Environmental Protection. And, for the purposes of this Chapter, such uses shall be considered to be recreational facilities and shall be governed by the provisions of §27-428.
§ 27-608 Essential Utility Distribution Services.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011]
1.
For the purposes of this Chapter, essential utility distribution services shall include the placement, construction, alteration, use and maintenance by municipal or governmental agencies, public utilities, or public service corporations of such facilities as are necessary for the furnishing of adequate service by such agencies, utilities, or corporations for public health, safety or general welfare, including underground or overhead electrical, telephone, television, gas, water or sewage disposal systems, including poles, wires, lines, mains, drains, sewers, conduits, cables, fire alarms or police call boxes, traffic signals, hydrants, gas regulators and measuring devices, including the structures in which they are housed, and other similar equipment. Such facilities shall meet the following additional standards:
A.
Public utility structures, including substations, water pumping stations, and/or sewage treatment facilities shall be designed and constructed to be compatible with the general character (appearance and structural material) of the other structures within the district in which they are located.
B.
Structures may be permitted for the housing of transformers, pumps and similar equipment subject to the standards set forth in the district regulations. Such structures shall house only those vehicles or equipment necessary to provide normal maintenance and repair for the systems, except in the Commercial and Industrial Districts, where office space may also be provided.
C.
Outdoor, unenclosed storage areas associated with utility services may only be permitted as set forth in the district regulations. Where permitted, such storage areas shall be enclosed with a fence and shall be shielded from view by adequate screen planting. In addition, where adjacent land use dictates, buffer yards of 25 feet may also be required to provide sufficient separation of uses. (See also §§27-506 and 27-507 of this Chapter.)
§ 27-609 Home Occupations.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011; and amended by Ord. 2016-05, 11/14/2016]
1.
Home occupations may be permitted as accessory uses in all zoning districts, except the Industrial District. All such activities shall comply with the following requirements.
A.
The area devoted to the permitted home occupation shall be located wholly within the owner’s dwelling or within an accessory building (i.e., barn, shed, etc.) located on the same lot as the owner’s dwelling.
B.
Home occupations may occupy no more than 40% of the gross floor area of the dwelling or accessory structure, not to exceed 1,000 square feet, unless the accessory structure is an existing wood or stone barn.
C.
The home occupation shall be clearly secondary to the principal residential nature or use of the dwelling.
D.
No structural alterations shall be made to the exterior of the dwelling to accommodate the home occupation, except as may be necessary for safety purposes.
E.
Persons engaged in a permitted home occupation shall be limited to the members of the household residing on the premises and not more than one additional nonresident employee.
F.
There shall be no exterior display or sign, except as may be permitted in Part 10 of this Chapter, Sign Regulations, and no outside, unenclosed storage of materials associated with the business on the premises.
G.
No offensive or objectionable noise, vibration, smoke, dust, odor, heat or glare shall be produced or detected at or beyond the property line of the lot containing the home occupation.
H.
A minimum of two additional off-street parking spaces shall be provided for all home occupations.
I.
The use shall not create any adverse impact on existing traffic or circulation patterns in the neighborhood.
J.
Home occupations may include, but need not be limited to, any of the following activities; provided, that such use is clearly incidental and secondary to the principal residential use of the structure:
(1)
Medical, dental, real estate, insurance or other professional offices.
(2)
Barber and/or beauty shops.
(3)
Artist or musician studios.
(4)
Custom baking or catering services.
(5)
Custom furniture or carpentry shops.
(6)
Small appliance or equipment repair facilities.
(7)
Agriculture-related sales and service facilities.
K.
Other home occupations not specified above may be permitted upon finding of the Zoning Officer that such use complies with the criteria of this Section, other applicable codes and ordinances, and that the proposed use would not be detrimental to the health, safety and welfare of the residents of the neighborhood where it is to be located.
§ 27-610 Exterior Antennas.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011; and amended by Ord. 2016-05, 11/14/2016]
1.
For the purposes of this Chapter, exterior antennas shall be defined as all forms of antennas used within the Township for telephone, telecommunication, radio, television, or other forms of communication (including microwave and satellite earth stations or dishes), except antennas utilized by government agencies or those regulated by applicable laws relating to public utilities. Privately-owned and operated antennas may be permitted to be located in any zoning district as accessory structures, while commercial transmitting and receiving facilities may only be located in an A-R District. All such structures shall be subject to the requirements outlined below as well as all other applicable provisions of this Chapter.
A.
Exterior antennas shall not be placed in front yards nor in the street side yard of corner lot properties.
B.
Roof mounted microwave antennas shall not exceed 10 feet in diameter and ground mounted antennas shall not exceed 12 feet in diameter.
C.
All exterior antennas shall adhere to the following height regulations.
(1)
No noncommercial antenna, whether roof or ground mounted, shall exceed 40 feet in overall height measured from ground level.
(2)
Spherical microwave antennas mounted on the ground shall not exceed 14 feet in overall height.
(3)
Spherical roof mounted microwave antennas shall not exceed eight feet above the highest point of the roof line. Where a residence or building has multiple roof lines, effort shall be made to place the antenna on the lowest roof line.
(4)
Roof-mounted antennas shall be located whenever possible on the portion of the roof offering the least visibility when viewing the building or premises from a frontal or street view.
(5)
Notwithstanding any of the regulations and exemptions outlined above, the location and height of all such antennas shall comply with all applicable rules, standards and criteria of the Federal Aviation Administration.
D.
All exterior antennas shall be situated as nearly as possible to the center of the rear of the property or premises. In addition, all such structures shall meet the side and rear yard setback requirements for the district in which they are located.
E.
Where because of lot shape, lot location or other factors, an exterior antenna has a high visibility to other adjoining properties or the general public view, the owner of the antenna shall provide screening for such structure in accordance with the standards set forth in §27-507 of this Chapter, provided however that screening shall not be required where the applicant can demonstrate that such requirement would preclude the proper functioning of the antenna.
F.
All exterior antennas shall be supported, anchored, and installed in accordance with accepted safety engineering standards, taking into consideration all relevant safety factors, including but not limited to, wind forces.
G.
No person or entity shall install an exterior antenna without first securing a zoning permit from the Township Zoning Officer. Fees for the issuance of such permits shall be as set forth in the Township’s Fee Schedule Resolution.[1]
H.
No provision of this Section is intended to unduly restrict or impair communications activities engaged in by any holder of a license issued by the Federal Communications Commission (FCC). In the event that it is determined that any provision of this Section would unlawfully restrict the exercise of a license granted by the FCC, the Supervisors of Wolf Township shall have the power and authority to modify the terms of this Section as they apply to such license holder. Relief under this subsection shall be authorized on a case-by-case basis through issuance of a conditional use approval.
§ 27-611 Windmills.
[Ord. 3/13/1995; as added by Ord. 2011-01, 1/3/2011]
1.
A windmill, which complies with the following requirements, shall be permitted as an accessory use to a single-family dwelling or an agricultural operation.
A.
The minimum lot size for a windmill shall be 10 acres.
B.
Only one windmill shall be permitted per lot.
C.
A windmill shall only be permitted as an accessory use to a single-family detached dwelling or an agricultural operation.
D.
The applicant shall demonstrate that it has received all necessary Federal, State, County and licenses, permits and approvals to operate the windmill.
E.
The design of the windmill shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanishcer Lloyd Wind Energies, and/or other similar certifying organizations.
F.
The windmill shall comply with the International Building Code.
G.
A windmill shall not be climbable up to 15 feet above ground level. A windmill shall be fitted with any anti-climbing devices recommended by the windmill manufacturer for the type of installation proposed. All access doors to a windmill and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
H.
The maximum structure height of a windmill shall be 100 feet; provided, however, that such height may be increased by an additional 50 feet; provided, that a certified engineer expresses an opinion that the proposed windmill is designed and constructed in a safe and secure manner and does not pose a threat to the health, safety or welfare of the residents of the subject property or adjacent properties or the general public.
I.
The blade of a windmill shall be located at least 30 feet above the adjacent ground level.
J.
No signs or lights shall be mounted on a windmill except for any warning signs required by the International Building Code.
K.
A windmill shall be set back from any property line or street right-of-way a distance not less than the normal setback requirements for the relevant zoning district or 1.2 times the windmill structure height, whichever is greater. The setback distance shall be measured from the center of the windmill base.
L.
All equipment buildings shall comply with the yard, setback, height or other requirements and restrictions applicable to a principal structure located in the same zoning district.
M.
If a windmill remains unused for a period of 12 consecutive months, then the landowner shall, at its expense, dismantle and remove the subject windmill within six months of the expiration of such twelve-month period. The landowner shall also comply with the following requirements:
(1)
The landowner shall remove the windmill(s) and related buildings, cabling, electrical/mechanical equipment, foundations to a depth of 36 inches and any other associated facilities.
(2)
Disturbed earth shall be graded and re-seeded.
(3)
If the landowner of the windmill fails to remove the subject windmill and reclaim the site as required by this Section, then the Township may remove or cause the removal of the subject windmill and reclamation of the site. Any removal or reclamation cost incurred by the Township that is not recovered from the landowner of the windmill shall become a lien on the property where the removal or reclamation takes place and may be collected from the owner of the subject property in the same manner as property taxes.