[Ord. 261, 11/1/1971, § 1]
1. The following words, as used in this Part, shall have the meanings
hereby respectively ascribed thereto:
ALLEY
Any public way in the Borough of Wrightsville, regardless
of the nomenclature thereof, primarily intended to provide vehicular
access to the rear of lots fronting upon public streets.
PERSON
Any natural person, partnership, association, firm or corporation.
STREET
Any public way, located in the Borough of Wrightsville, including
any street, highway or avenue, but not including any way coming within
the definition of "alley" in this section.
2. In this Part, the singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine
and the neuter.
[Ord. 261, 11/1/1971, § 2]
It shall be unlawful for any person to construct any new building
or structure, any portion of which shall extend beyond the building
line hereby established, and it shall further be unlawful for any
person to add to any building or structure, constructed prior to the
effective date of this Part, any portion or addition thereof that
shall extend beyond the said building line.
[Ord. 261, 11/1/1971, § 3; as amended by Ord. 98-5,
11/2/1998, § 1; Ord. 03-1, 4/7/2003, § 1; and
by Ord. 2011-2, 2/7/2011]
1. The location of building lines for principal buildings (for example,
residences, commercial buildings) shall be as follows:
A. From each street, the building line shall be located 25 feet from
the right-of-way line of such street; and
B. From each alley, the building line shall be located 10 feet from
the right-of-way line of such alley; and
C. From each abutting property line, the building line shall be located
10 feet from the property line.
2. The location of building lines for additional buildings, clearly
accessory to the principal structure (for example, sheds or garages),
shall be as follows:
A. From each street, the building line shall be located 25 feet from
the right-of-way line of such street or the setback of the principal
structure, whichever is greater; and
B. From each alley, the building line shall be located 10 feet from
the right-of-way line of such alley; and
C. From each abutting property line, the building line shall be located
three feet from the property line plus one foot for each foot of accessory
building eave height in excess of eight feet, to a maximum required
setback of 10 feet. Eave height shall be determined by measuring from
the finished floor to the highest rain drip-off edge of the roof.
3. The Wrightsville Borough Council may, in its sole discretion, grant
an exception to the required setbacks based upon facts set forth in
a request for such an exception by the property owner. An exception
may be granted by Borough Council, provided that all of the following
findings are made where relevant in a given case;
A. That there are unique physical circumstances or conditions, including
irregularity, narrowness or shallowness of the lot size or shape,
or exceptional topographical or other physical conditions peculiar
to the particular property and that the unnecessary hardship is due
to such conditions and not the circumstances or conditions generally
created by the provisions of this Part in the neighborhood in which
the property is located.
B. That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of this Part and that an exception is therefore
necessary to enable the reasonable use of the property.
C. That such unnecessary hardship has not been created by the applicant.
D. That the exception, if authorized, will not alter the essential character
of the neighborhood in which the property is located, nor substantially
or permanently impair the appropriate use or development of the adjacent
property, nor be detrimental to the public welfare.
E. That the exception, as authorized, will represent the minimum variance
that will afford relief and will represent the least modification
possible of the regulation in issue. In granting any exception, Borough
Council may attach such reasonable conditions and safeguards as it
may deem necessary to implement the purpose of this Part.
[Ord. 261, 11/1/1971, § 4; as amended by Ord. 86-4,
11/17/1986, § 1; and by Ord. 98-4, 9/14/1998]
Any person, firm or corporation who shall violate any provision
of this Part by constructing a building or structure or an addition
thereto or alteration thereof, any portion of which shall extend beyond
the building line shall be, upon conviction thereof, sentenced to
pay a fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation continues shall constitute a separate
offense.