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Wright Township City Zoning Code

ARTICLE 3

General Regulations

§ 145-301 Attached accessory structures.

Accessory structures which are attached to a principal structure shall be considered a part of the principal structure and shall comply with the same yard and lot requirements applicable to the principal structure.

§ 145-302 Unattached accessory structures.

A. 
Nonresidential. When the principal use or structures is nonresidential, an unattached accessory structure shall comply with the front yard setback requirements applicable to the principal structure or use for the zoning district in which it is located and shall not be less than ten (10) feet from any side yard lot line or rear yard lot line. An accessory structure to a principal use and/or structure which is classified as a special exception use shall not be subject to the standards and regulations under Article 6, Special Exceptions, of this chapter, excluding the proposed construction, establishment or use of a structure which equals or exceeds seven hundred fifty (750) square feet of gross floor area.
B. 
Residential. When the principal structure is residential, unattached accessory structures shall only be erected within the rear yard or side yard areas of the lot subject to the following requirements:
(1) 
The maximum height shall not exceed one and one-half (1½) stories or twenty (20) feet.
(2) 
An accessory residential structure shall not exceed one thousand five hundred (1,500) square feet of floor area. An accessory structure which has a floor area which equals or exceeds seven hundred fifty (750) square feet shall not be located less than fifteen (15) feet from a side lot line or the rear lot line. An accessory structure which has a floor area which is less than seven hundred fifty (750) square feet shall not be located less than ten (10) feet from a side lot line or the rear lot line. In cases where a side lot line or the rear lot line abuts a street, a minimum setback for an accessory structure shall be equal to the required front yard setback for the subject zoning district in which it is located. Unattached accessory structures shall be a minimum of ten (10) feet from all other structures.
[Amended 5-14-2018 by Ord. No. 250]

§ 145-303 Corner lot restriction.

On a corner lot there shall be provided on each side 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.

§ 145-304 Types of residential accessory structures.

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.

§ 145-305 Noncommercial Satellite Dish Antenna.

A noncommercial satellite dish antenna, as so defined in this Chapter, shall be deemed an accessory use, permitted by right in all zoning districts. 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. The height of a noncommercial satellite dish antenna, including any supporting device, measured from ground level to its highest point of elevation, shall not exceed the height limitations applicable for the zoning district in which it is located. A noncommercial ham radio antenna shall also be governed by the above standards.

§ 145-306 Private Noncommercial Swimming Pools.

Swimming pools shall be located in either the rear yard or side yard of the property on which it is an accessory use. The swimming pool and any accessory structures thereto, shall have a minimum setback of ten (10) feet from any rear or side yard lot line. All swimming pools having a surface area of thirty (30) square feet or greater and capable of containing water to a depth, at any point, of eighteen (18) inches or greater, shall be enclosed in accordance with the following subsections:
A. 
In-Ground Pools. The pool area or the entire property on which the pool is located, shall be enclosed with a permanent fence being six (6) feet in height, which includes a gate secured with a lock. Shrubs, hedges or other vegetative cover shall not be considered to be a fence.
B. 
Above Ground Pools. An above ground pool shall be enclosed with a permanent fence not less than four (4) feet in height which includes a gate secured with a lock in accordance with the above requirements of Subsection (A) or in lieu of a fence, a barrier not less than four (4) feet in height. Said barrier may include the pool wall and any extension thereto which equals or exceeds a height of four (4) feet. Access into a pool which includes a deck shall be secured by a gate with a lock. Pools without access from a deck, shall include retractable steps or any similar device which prohibits uncontrolled access into the pool when not in use. Shrubbery, hedges or other vegetative cover shall not be considered as a barrier. Decks which are attached to the pool shall not project into any required yard setback for the pool.

§ 145-307 Lots Divided by Zoning Boundaries.

If a zoning district boundary line divides a lot held in single and separate ownership prior to the effective date of this Chapter, placing eight-five (85) percent or more of the lot area in a particular zoning district, the location of such district boundary line may be construed to include the remaining fifteen (15) percent or less of the lot so divided.

§ 145-308 Projections into Required Yards.

The following projections shall be permitted into required yards and shall not be considered in the determination of yard setback requirements or building coverage:
A. 
Terraces or Patios. Provided that such terraces or patios are located in the rear yard or side yard, are not under roof, without walls or other form of enclosure and are not closer than five (5) feet to any adjacent lot line.
B. 
Projecting Architectural Features. Such as bay windows, cornices, eaves, fireplaces, chimneys, window sills or other similar architectural features; provided, that any of the aforementioned features do not extend more than two(2) feet into any required setback.
C. 
Porches and Decks. Provided such porches or decks are located in the rear yard or side yard and that such does not exceed four and one-half (4½) feet in depth as extended from the structure.
D. 
Handicapped Ramps. May be constructed within five (5) feet of any front, rear or side yard lot line within any zoning district.

§ 145-309 Exceptions to Height Limitations.

The height limitations of this Chapter shall not apply to church spires, belfries, cupolas, domes, chimneys, flagpoles, water towers, skylights or to any accessory mechanical appurtenances and/or equipment usually located above the roof level.

§ 145-310 Required Access.

Every building or structure hereafter erected shall have access to or be located upon a lot adjacent to a public or private street.

§ 145-311 Land Development Approval for Certain Uses.

[Amended 2-9-2004 by Ord. No. 187]
A. 
In addition to zoning approval, the following uses are classified as a "land development," requiring approval under the applicable provisions of the Wright Township Subdivision and Land Development Ordinance [Chapter 131].
B. 
The improvement of one (1) lot or two (2) or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two (2) or more residential or nonresidential buildings, whether proposed initially or cumulatively.
(2) 
A single nonresidential building on a lot or lots regardless of the number of occupants or tenure.
(3) 
Any nonresidential use of land, with or without structures, which encompasses two (2) or more acres of land including, but not limited to, grading and/or backfilling of land, earthmoving activities and/or removal of vegetative cover. Agricultural uses of land and/or related agricultural activities shall be specifically excluded.
(4) 
The division and/or allocation of space, whether initially or cumulatively, between or among two (2) or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
(5) 
An addition to an existing nonresidential building and/or structure, excluding agricultural buildings and/or structures, that equals or exceeds five hundred (500) square feet of gross floor area, whether proposed initially or cumulatively.
(6) 
The development and/or expansion of a mobile home park or a campground.
(7) 
A subdivision of land.

§ 145-312 Visibility at Intersections and Private Driveways.

A. 
Intersection of Streets. On any corner lot no visual obstruction, including but not limited to, fences, shrubs and trees, between two and one-half (2½) feet and eight (8) feet in height, but excluding street signs, utility poles or traffic signs, shall be erected or maintained upon a property, within the triangle formed by the intersection of center lines of intersecting street right-of-way lines adjacent to the corner lot and a line projected between points on each of those adjacent center lines for a minimum distance of thirty (30) feet from their intersection.
B. 
Private Driveways. No visual obstruction between two and one-half (2½) feet and eight (8) feet in height, shall be erected or maintained within the triangle formed between the intersection of center lines of a street right-of-way line and a depth of ten (10) feet along the center line of the street right-of-way and a depth of ten (10) feet along the center line of a private driveway.

§ 145-313 Fences and Walls.

The posts and/or structural supports of a fence shall be located within the interior yard space to be enclosed.
A. 
Residential. Fences and walls to be constructed within a residential zoning district or upon a lot in any other type of zoning district which contains a residential property, shall be permitted according to the following subsections:
(1) 
Front Yard. The maximum height of any fence or wall in a front yard shall not exceed four (4) feet in height above the adjacent ground level.
(2) 
Side and Rear Yards. The maximum height of any fence or wall located in a side yard or rear yard shall not exceed eight (8) feet in height.
(3) 
Setbacks. Boundary fences may be constructed on a property line; provided, that a state licensed surveyor has determined the precise location of the property line. Otherwise a setback of one (1) foot shall apply to all fences and walls.
(4) 
Materials. All fences shall be constructed with materials recognized by the fencing industry and designed to provide a permanent enclosure. No barbed wire or other potentially injurious material shall be contained upon the fence or as part of the material to construct the fence.
[Amended 5-14-2018 by Ord. No. 250]
B. 
Nonresidential. Fences to be constructed within any commercial zoning district shall not exceed eight (8) feet in height above the adjacent ground level. Fences to be constructed within any industrial zoning district shall not exceed ten (10) feet in height above the adjacent ground level.
C. 
Exemptions. The provisions of this Section shall not be applied to prevent the construction of a chain link in excess of ten (10) feet in height, designed as an enclosure to a public park, a public playground or similar outdoor recreational facility.

§ 145-314 Public Utilities.

With the exception of storage yards, the provisions and regulations of this chapter 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 § 619 of the Pennsylvania Municipalities Planning Code, Act 247, as amended.

§ 145-315 Performance Standards.

All nonresidential land uses shall comply with the following standards. In order to determine whether a proposed use will conform to the requirements of this Section, the Zoning Officer or the Zoning Hearing Board may require a detailed plan of the proposed construction or development, and a description of machinery or techniques to be used during operations of the proposed use.
A. 
Fire Protection. Fire prevention and fighting equipment acceptable to the Pennsylvania Uniform Construction Code (PA UCC) shall be readily available when any activity involving the handling or storage of flammable or explosive materials is carried on.
[Amended 8-12-2013 by Ord. No. 236]
B. 
Electrical Disturbance. No activity shall cause repetitive or continuous electrical disturbance adversely affecting the operation of other electrical equipment in the vicinity.
C. 
Noise. Noise which is determined to be objectionable because of volume, frequency or beat shall be muffled or otherwise controlled, except fire sirens and related apparatus used solely for public purposes shall be exempt from this requirement. (See § 145-508E for noise standards within the I-1 District.)
D. 
Smoke. The maximum amount of smoke emission permissible shall be determined by use of the Standard Ringleman Chart issued by the U.S. Bureau of Mines. No smoke of a shade darker than No. 2 will be allowed.
E. 
Air Pollution. No pollution of air by fly ash, dust, vapors or other substance shall be permitted which is potentially harmful to health, animals, vegetation or other property.
F. 
Glare. Lighting devices which produce objectionable direct or reflected glare on adjoining properties or thoroughfares shall not be permitted.
G. 
Erosion. No erosion by wind or water shall be permitted which will carry soil or other material onto adjoining properties.
H. 
Water Discharge. Water discharge of materials and substances shall be subject to the governing standards established by the State Department of Environmental Protection.

§ 145-316 Highway Occupancy Permit.

A. 
Zoning approval for any proposed use and/or development of a property, which includes the construction and/or relocation of a driveway onto a State legislative route or a County road shall be issued for any proposed use or development of a property until the applicant secures a highway occupancy permit from the applicable governing body and/or agency.
B. 
A certificate of zoning compliance, as defined in Article 2, shall not be issued for any property fronting upon a Township road until the applicant secures a driveway permit (as defined in Chapter 78, Driveways, in the Code of the Township of Wright) under the governing provisions of the Wright Township Driveway Ordinance, Ordinance No 78.
[Amended 8-12-2013 by Ord. No. 236]

§ 145-317 Mobile Homes.

A mobile home shall be deemed to be a single-family residence. The placement and/or use of a mobile home shall be constructed and anchored to a permanent foundation.

§ 145-318 Uses Not Addressed Within Chapter.

Whenever, in any zoning district established under this chapter, a use is neither specifically permitted nor denied and/or the Zoning Officer is unable to classify a subject use and an application is made by a landowner to the Zoning Officer for such use, he 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 to authority to permit or deny the proposed use in accordance with the standards governing special exception applications, if the Board makes an initial determination that the proposed use 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 chapter. The burden of proof shall be upon the applicant to demonstrate that:
A. 
The proposed use is similar to and compatible with permitted uses in the district.
B. 
The proposed use would not be detrimental to the public health, safety and welfare of the neighborhood.
C. 
The proposed use meets the standards and criteria for special exceptions as contained in Article 6 of this chapter.

§ 145-319 Soil Erosion and Sedimentation Control Plan.

[Amended 2-9-2004 by Ord. No. 187; 8-12-2013 by Ord. No. 236]
A. 
In accordance with the requirements of the Pennsylvania Department of Environmental Protection, any proposed development having a cumulative land disturbance equal to or in excess of five thousand (5,000) square feet shall be required to prepare a Soil Erosion and Sedimentation Control Plan, in accordance with the most recent edition of the Pennsylvania Department of Environmental Protection Erosion and Sedimentation Control Manual. The owner or developer of any property subject to this requirement shall submit the subject plan to the Luzerne Conservation District and a copy to the Township. No zoning permit for development shall be issued until the Township receives written notice of the Plan’s approval from the Luzerne Conservation District.
B. 
For stormwater discharges from construction activities, for any proposed development that will disturb between one (1) and up to five (5) acres of land over the life of the project, and has a point source discharge to surface waters shall be required to secure a National Pollutant Discharge Elimination System Permit (NPDES) from the Luzerne Conservation District. No zoning permit for development shall be issued by the Township until written notification is received from the Luzerne Conservation District verifying compliance in securing the NPDES Permit.
C. 
All soils erosion control measures shall be the sole responsibility of the property owner. During construction activities, the property owner must control runoff and erosion by use of silt fencing barriers and/or hay bales and maintain them in accordance with Luzerne Conservation District specifications. Permanent seeding and mulching must be completed within ninety (90) days of occupancy. Silt barriers and/or hay bales must be kept in place and maintained until planted grass grows sufficiently to prevent erosion. In the event that occupancy takes place during winter months, the permanent seeding and mulching must be completed by April 30.

§ 145-320 Conflicting Regulations.

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

§ 145-321 No-Impact Home-Based Business.

[Added 12-9-2002 by Ord. No. 178]
A no-impact home-based business, as so defined in this chapter, and compliant with the standards within § 145-802II of this chapter, shall be a use permitted by right in all residential zoning districts within Wright Township.

§ 145-322 General Nuisance.

[Added 2-9-2004 by Ord. No. 187; amended 8-12-2013 by Ord. No. 236]
The use and/or continued use of any property, with or without improvements thereon, that is found to be in violation of the Nuisance Regulations, as set forth in Chapter 104 of the Township’s Code of Ordinances, Ordinance No. 85, as amended, shall be prohibited.

§ 145-323 Temporary Structures.

Temporary structures shall be permitted in all zoning districts according to the following subsections:
A. 
Temporary structures shall meet all applicable setbacks in requirements in the zoning district where they are to be located.
B. 
Temporary structures shall be located upon a property for a period not to exceed twelve (12) months in commercial and industrial zoning districts, and six (6) months in residential districts from the date a zoning permit is issued by the Zoning Officer. Any intermittent cessation and subsequent resumption of a temporary structure shall be included within the twelve (12) or six (6) month limitation.
C. 
The use of a temporary structure shall be directly related to the principal use of the property except for structures placed upon a property as field offices during construction activities for a permanent principal structure/use.
D. 
When deemed appropriate by the Zoning Officer, a buffer or additional screening, as set forth in other sections of this Chapter, may be required prior to issuance of a zoning permit for a temporary structure.
E. 
The temporary structure shall not constitute a nuisance or cause a violation of any section of the Township’s Code of Ordinances; to do so shall be prohibited and require immediate removal of the temporary structure.
[Added 5-14-2018 by Ord. No. 250]

§ 145-324 Standalone Windmill.

Standalone wind energy equipment shall be deemed to be an accessory structure permitted by special exception only in all zoning districts; when not mounted to a building they shall be exempt from maximum height limitations and subject to the following requirements:
A. 
Lot Size. The minimum lot size for a standalone windmill shall be one (1) acre.
B. 
Setbacks. The standalone windmill shall be a minimum of sixty (60) feet away from all property lines or at least one and one-half (1.5) times the height of the windmill from the property line, whichever is greater.
C. 
Maximum Height. A standalone windmill shall be no taller than fifty (50) feet after installation.
D. 
Roof mounted equipment shall be subject to maximum height limitations of structures.
[Added 5-14-2018 by Ord. No. 250]