Wrightstown Village
City Zoning Code
City Zoning Code
ARTICLE III
General Regulations
§ 206-8 Compliance required.
The use and height of buildings erected, converted, enlarged or structurally altered at the adoption of this chapter and the use of any land thereafter shall be in compliance with the regulations established herein for the district in which such land or building is located.
§ 206-9 Change of lot area or population density.
No lot area shall be so reduced that the yards and open spaces shall be smaller than is required by this chapter, nor shall the density of population be increased in any manner except in conformity with the area regulations established for the district in which a building or premises is located.
§ 206-10 Yard restrictions.
No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as a part of a yard or other open space required for another building.
§ 206-11 Lot required; number of buildings per lot.
Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot.
§ 206-12 Nonconforming uses.
A.
Enlargement or extension prohibited. The existing lawful use of a building or premises at the time of the enactment of this chapter or any amendment thereto may be continued although such use does not conform to the provisions of this chapter for the district in which it is located, but no building or premises containing a nonconforming use shall be enlarged or extended.
B.
Discontinuance of use. If a nonconforming use of a building or premises is discontinued for 12 months, any future use of the building or premises shall conform to the regulations for the district in which it is located.
C.
Damage and repair. When a building containing a nonconforming use is damaged by fire, explosion or act of God or the public enemy to the extent of more than 50% of its current fair market value, it shall not be restored except in conformity with the regulations of the district in which it is located. The total structural repairs or alterations in any nonconforming use shall not, during its life, exceed 50% of the fair market value of the building at the time of its becoming a nonconforming use unless it is permanently changed to a conforming use.
D.
No building or structure shall be moved in whole or in part to any other location on the same lot or any other lot in the zone district unless every portion of such building or structure which is moved shall conform to the zone district requirements.
E.
No principal building, accessory building or structure shall be moved from one zone district to another zone district unless so authorized by the Regional Planning Committee.
§ 206-13 Yards abutting district boundary lines.
Any side yard, rear yard or court abutting a district boundary line shall have a minimum width and depth in the less restricted district equal to the average of the required minimum widths and depths for such yards and courts in the two districts which abut the district line.
§ 206-14 Housing projects.
When a housing project consisting of a group of two or more buildings is to be constructed on a site not subdivided into customary lots and streets, or where an existing lot and street layout make it impractical to apply the requirements of this chapter to the individual building units, the Village Board may approve a development plan, provided that it complies with the regulations of this chapter as applied to the whole plat.
§ 206-15 Utility construction.
A.
Gas, power, sewer, water and telephone transmission facilities shall be constructed within the Village only in the manner and location that have been approved by the Village Board, except that this restriction shall not apply to the installation, repair or alteration of services within buildings or structures. Applications for permits for such construction shall be made to the Village Superintendent.
B.
Wireless telecommunications facilities are subject to the following restrictions and conditions:
[Added 5-2-2006 by Ord. No. 05022006B]
(1)
Before a new tower site is requested, all existing tower facilities, including Village-owned facilities, shall be considered and evaluated. If an existing facility cannot be used, a justification report, citing the reasons it cannot be used, is to be prepared and certified by both the owner of the existing facility and the owner proposing the new facility.
(2)
All new antenna support structures shall be monopoles, which are defined as a smooth, tapered pole, without stepped sections or guy wires.
(3)
All new antenna support structures shall be constructed to a standard that permits the co-location of a minimum of three telecommunications company facilities on a single tower.
(4)
All antennas and/or towers and other communications equipment shall be removed from the site within 60 days of use termination by the telecommunications company.
(5)
In the case of the Village leasing space to a telecommunications company for telecommunications facilities, including the antenna or antenna structure, a separate lease agreement between the Village and the telecommunications company shall be required.
(6)
All antenna support structures shall meet the following conditions and requirements:
(a)
The proposed antenna or antenna structure and/or towers shall not result in restriction or interference with air traffic or air travel to or from any existing or proposed airport.
(b)
There shall be a setback of sufficient radius around the antenna structure that its collapse will be contained on the property and not affect regularly occupied buildings on the subject site.
(c)
No form of advertising shall be allowed on the antenna, pole, base, framework, or other buildings or facilities associated with the use.
(d)
All cable to and from the antenna and/or antenna structure shall be installed underground unless the antenna is mounted on a building where cable will go directly into the structure.
(e)
The site and all structures shall have an annual investigation of structural stability and maintenance as needed. A report detailing the findings of the investigation shall be filed with the Village Administrator and Public Works Superintendent.
(f)
Exhibits of the proposed tower structure design and design of the maintenance building and site shall be attached to the conditional use permit application and document.
(7)
Site restrictions are as follows:
(a)
The exterior or all buildings shall be architecturally compatible and consistent with surrounding buildings and structures and constructed in accordance with the plan approved by the Village Board and shall be neatly maintained at all times. Any deviation in color, material, or architectural detail shall be returned to the Village Board for reapproval.
(b)
The telecommunications facilities may not include offices, vehicle storage, outdoor storage, or broadcast studios; except for emergency purposes or other uses that are not needed to send or receive transmission as reasonably determined by the Village.
(c)
There shall be adequate space on-site to accommodate maintenance vehicles.
(d)
A site grading and stormwater drainage plan shall be reviewed and approved by the Village Engineer and Public Works Department.
(e)
Areas not used for parking or drives shall be landscaped according to the site plan approved by the Village Board.
(f)
Parking lot and security lighting is to be installed and maintained in a manner that will avoid glare or excessive illumination spilling over on adjoining properties.
§ 206-16 Height and area regulations.
[Amended 8-29-1995 by Ord. No. 082995A; 5-2-2006 by Ord. No. 05022006B; 6-20-2017 by Ord. No. 06202017; 10-21-2025 by Ord. No. 100725A]
The regulations contained herein relating to the height of buildings and the size of yards and other open spaces shall be subject to the following exceptions:
A.
Public and quasi-public buildings. Churches, schools, hospitals, sanatoriums and other public and quasi-public buildings may be erected to a height not exceeding 60 feet nor five stories, provided that the front, side and rear yards required in the district in which such building is to be located are each increased at least one foot for each foot of additional building height above the height limit otherwise established for the district in which such building is to be located.
B.
Structures excepted. Chimneys, cooling towers, elevator bulkheads, fire towers, monuments, penthouses, stacks, scenery lofts, flag poles, tanks, water towers, ornamental towers, spires, wireless microwave radio relay structures, wireless telecommunications facilities, telephone, telegraph and power transmission poles and lines, television or broadcasting towers, masts or serials and necessary mechanical appurtenances are hereby excepted from the height regulations of this chapter and may be erected in accordance with other regulations or ordinances of the Village.
C.
Higher grade controls. Where a lot abuts on two or more streets or alleys having different average established grades, the higher of such grades shall control only for a depth of 120 feet from the line of the higher average established grade.
D.
Through lots. Buildings on through lots and extending from street to street may waive the requirements for a rear yard by furnishing an equivalent open space on the same lot in lieu of the required rear yard, provided that the setback requirements on both streets are complied with.
E.
Substandard lots. Where a lot has an area less than the minimum number of square feet per family required for the district in which it is located and was of record as such at the time of the passage of this chapter, such lot may be occupied by one family.
F.
Principal structures. All principal structures shall be located on a lot, and only one principal structure shall be located, erected or moved.
G.
Uncovered patios and decks attached to or abutting a single- or two-family dwelling, not exceeding 24 inches above established grade, may project within five feet of the adjacent side lot lines and 10 feet of the adjacent rear lot line. For the purpose of this subsection, temporary or seasonal structures erected for 180 days or less per calendar year shall not be considered a patio or deck covering.
H.
Yards to be unobstructed. Every part of a required yard shall be open to the sky and unobstructed, except for accessory buildings in a rear yard and the ordinary projections of sills, belt courses, cornices and ornamental features projecting not more than 12 inches.
I.
Fire escapes and towers. Open or enclosed fire escapes and fire towers may project into a required yard not more than five feet and into a required court not more than 31/2 feet, provided that they are so located as not to obstruct light and ventilation.
J.
Front yards. No front yard shall be used for open storage of boats, vehicles or other equipment, except for vehicular parking on driveways, except as provided in § 206-53. All open storage areas shall be properly landscaped.
K.
Yard calculation. No part of a yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be included as part of a yard or any other open space required for another building.
L.
The minimum size of a residential dwelling shall be 960 square feet. The minimum width of a residential dwelling shall be 22 feet. Any residential dwelling less than 22 feet in width shall be required to be located in a manufactured housing park.
§ 206-17 Fences, walls and hedges.
[Amended 8-16-1994 by Ord. No. 081694E]
A.
Definition. For the purpose of this section, a fence is herein defined as an enclosing barrier consisting of vegetation, wood, stone, metal or other material. The term "fence" shall be construed to include plantings, such as hedges.
B.
Permit. No fence shall be erected, enlarged or altered within the Village without obtaining a permit from the Building Inspector. A sketch or design of the proposed fence shall be submitted with the application. The location, type of material, construction and height must comply with this section before a permit may be issued.
C.
General regulations.
(1)
No fence shall be erected, planted, permitted or maintained in any zoning district within the dedicated street right-of-way.
(2)
No barbed wire or electrically charged fence shall be erected, permitted or maintained except on parcels that exceed 10 acres in size and are actively farmed.
(3)
No fence shall be erected, permitted or maintained which has sharp or pointed pickets or is otherwise dangerous to life and limb.
(4)
With the exception of the following, snow fences are prohibited when used as permanent fencing. Snow fencing is allowed as a temporary use without a building permit from October 15 through April 15 to barricade active construction sites, for school and park grounds (not as perimeter fencing) and for crowd control and other special events at the discretion of the Building Inspector.
(5)
The most attractive side of a fence shall face adjoining property or a public right-of-way.
(6)
A fence, wall or hedge may be erected, placed, maintained or grown on a lot line.
(7)
Hedges shall be confined to the property on which they are planted.
(8)
In any zoning district, no fence, wall or hedge shall be erected, maintained or grown to a height exceeding three feet above the street grade in a vision triangle located within 25 feet of the intersection of any street right-of-way lines projected. The Building Inspector shall have the authority to notify the property owner to lower the fence, wall or hedge to a height of less than three feet and direct that hedges be continuously trimmed or removed so as not to create a traffic or safety hazard.
(9)
Fences and walls shall be maintained in a good state of repair.
(10)
On lots with double frontage, fences shall conform to the front yard requirements for both streets, except where one street is officially designated "no access."
(11)
Any fence, wall or hedge which exists prior to the effective date of this chapter but which does not conform to the provisions of this section shall not be altered, enlarged or replaced without making the entire fence conform to the provisions of this section and any other applicable Village ordinances.
D.
Maximum height of fences.
(1)
Residential:
(a)
Three feet from the building setback to the front property line, except that fences open to vision with a ninety-percent see-through design may be increased to four feet in height.
(b)
Corner lots: three feet from the building setback to the side property line, except that fences open to vision with a ninety-percent see-through design may be increased to four feet in height.
(c)
Seven feet on the rear lot line.
(d)
Seven feet on an interior side lot line from the rear of the lot to the front setback line.
(2)
Commercial and industrial: eight feet on all sides, except for vision triangles, where the maximum height is three feet.
E.
Violations and penalties. The owner of any property on which a fence, wall or hedge exists in violation of this section shall be fined an amount as set forth in Chapter 102, Fees and Penalties, for each day the violation continues after notification of the violation is given to the owner of said property. Notice shall be given to the owner in writing by the Building Inspector or by the Police Department.
§ 206-18 Accessory buildings.
[Amended 6-20-2017 by Ord. No. 06202017; 7-16-2019 by Ord. No. 07162019; 11-17-2020 by Ord. No. 11172020; 4-7-2021 by Ord. No. 04072021; 1-21-2025 by Ord. No. 01212025]
A.
Time of construction.
(1)
No accessory building or structure may be constructed on any Village lot prior to the time of construction of the principal building to which it is an accessory.
(2)
No accessory building or structure shall, at any time, be used for the purpose of living quarters.
B.
Building design. The exterior of the accessory building, including the roof, shall substantially complement the principal dwelling on the property and be an enhancement to the neighborhood.
C.
Setback, area and height regulations.
(1)
Accessory buildings which are not a part of the main building must maintain a minimum distance of 10 feet from the principal structure and shall occupy no more than 30% of the area of the required rear yard or exceed 2,000 square feet in size within an R-R Rural Residential District or 1,000 square feet in size within any other zoning classification; location to include rear and side yard setbacks only, with the minimum rear yard setback of 10 feet and side yard setback of 10 feet if the accessory building is larger than 200 square feet. Barns and stables are excluded from the 2, 000 square foot maximum accessory structure limit. For accessory buildings 200 square feet or smaller, the minimum rear yard setback is five feet and side yard setback is five feet. No accessory building may extend beyond the street front of the principal structure. On corner lots, the dimension of the shorter of the two property lines having street frontage shall be used to calculate the allowable square footage. Maximum height for attached accessory buildings may not exceed the height of the principal structure, and detached accessory buildings may not exceed 20 feet within an R-R Rural Residential District, or exceed 16 feet within any other zoning classification.
(2)
Where an accessory building is part of the principal structure or is substantially attached thereto, the side and rear yard requirements applied to the main structure shall be applied to the accessory structure.
(3)
Height and area regulations shall not apply to accessory buildings designated as farm structures.
D.
Number of accessory buildings per lot. Except as provided below, only one accessory building may be constructed on any Village lot.
(1)
Within an R-1 Single-Family Residential District, in addition to a detached garage, one additional accessory building compliant with all other pertinent restrictions of § 206-18 is permitted for a lot, provided that the combined square footage of the detached garage and the additional accessory building together does not exceed 1,250 square feet.
(2)
Within an R-R Rural Residential District, in addition to a detached garage, one additional accessory building compliant with all other pertinent restrictions of § 206-18 is permitted for a lot, provided that the combined square footage of the detached garage and the additional accessory building together does not exceed 2,500 square feet.
§ 206-19 Grading requirements.
[Amended 8-16-1994 by Ord. No. 081694E]
The finished grade on elevation of the lawn for any structure, measured at any point along the front or sides of such structure, shall be not less than one foot nor more than two feet higher than the established street grade of the abutting street. In any situation where a building lot cannot meet the grading requirements set forth herein due to the topography of an abutting street or streets, the Building Inspector may allow for reasonable variations of such grading requirements.