Township of Lehigh, PA Zone Regulations

Agriculture, including one single-family detached dwelling contained on the site but excluding commercial livestock operations and concentrated animal operations as limited below.

[Amended 4-21-2009 by Ord. No. 2009-2]

Commercial livestock operations and concentrated animal operations (CAO), subject to the following:

[Amended 4-21-2009 by Ord. No. 2009-2; 4-27-2010 by Ord. No. 2010-4]

Any commercial livestock operation that uses or produces manure that is not a concentrated animal operation (CAO) shall comply with Department of Environmental Protection’s requirements applicable to such operations, including the requirements specified in 25 Pa. Code § 91.36 and the manuals and guides referenced in that provision.

Any concentrated animal operation (CAO) must fully comply with the Pennsylvania Nutrient Management Act (N.M.A.), Act of July 6, 2005, P.L. 112, No. 38 (Act 38) and the regulation implementing the N.M.A., which are codified at 25 Pa. Code Chapter 83, Subchapter D and generally went into effect on October 1, 1997. To the extent any provisions of this Zoning Ordinance are inconsistent with the Nutrient Management Act, the provisions of the Nutrient Management Act shall prevail.

The Pennsylvania Nutrient Management Regulations require an operation classified as a concentrated animal operation (CAO) to submit a complete nutrient management plan for approval to the Northampton County Conservation District. A CAO plan must be implemented according to the schedule in the approved plan.

Any commercial livestock operation that is not a CAO may voluntarily submit a nutrient management plan for approval to the Northampton County Conservation District. Operations with voluntary plans will only receive the benefits of the plan to the extent that the plan is implemented.

Horticulture and commercial forestry related uses.

Membership clubs.

Outdoor recreation.

Plant nurseries and greenhouses.

Public and nonprofit parks and playgrounds.

Public uses and public utility structures.

Single-family detached dwellings.

Single-family detached dwellings to be constructed on flag lots, subject to the standards of § 180-31 of this chapter.

Accessory uses customarily incidental to the above permitted uses, including but not necessarily limited to the following:

Roadside stands, as an accessory use to a farm, for the sale of agricultural products, subject to the following:

Any structure used to display such goods shall not exceed 2,000 square feet in size and shall be located at least 25 feet from any property line;

At least half of the products displayed for sale must have been produced on the premises;

Off-street parking shall be provided for all employees and customers; and

Not more than one sign, not to exceed six square feet per face, shall be displayed in season when products are on sale. A freestanding sign shall not exceed a height of five feet, and an attached sign shall not extend above the height of the building or structure to which it is attached.

Manure storage facilities, as an accessory use to a farm, subject to the following regulations:

All manure storage facilities shall be designed in compliance with the guidelines outlined in the publication Manure Management for Environmental Protection, Bureau of Water Quality Management Publication No. 43, and all revisions, supplements, and replacements thereof, published by the Pennsylvania Department of Environmental Protection, copies of which are available from the Bureau of Water Quality Management, Pennsylvania Department of Environmental Protection;

The design of all waste storage facilities shall be reviewed by the Northampton County Conservation District; the applicant shall furnish a letter from the Conservation District attesting to approval of the design of the proposed facility; and

Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design; each design change during construction or subsequent operation will require that the applicant obtain another review by the Northampton County Conservation District.

Beekeeping, on any farm within the zone, subject to the following:

The applicant shall obtain a zoning permit from the Zoning Officer;

It shall be the duty of the applicant to maintain each colony so as not to create a public nuisance;

Colonies shall be maintained in movable frame hives;

All beehives shall be maintained in a healthy condition using locally approved beekeeping management procedures;

All hives shall be at least 50 feet from a public road or shall have a minimum five-foot-high fence or vegetative obstruction between the apiary and the road or shall be elevated above the roadway so as to direct bee flight above traffic or pedestrians;

There shall be a source of water within 1/2 mile of the apiary; and

[7]

New apiaries of 10 hives or more shall not be established within 150 feet of any property line.

Accessory solar energy system.

[Added 10-23-2012 by Ord. No. 2012-2]

Group home (see § 180-77).

[Added 10-14-2014 by Ord. No. 2014-4]

WCF on existing structure.

[Added 6-13-2017 by Ord. No. 2017-2]

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

O&G meter/gathering facility (minor) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

O&G meter/gathering facility (major) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas pipelines (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Special exception uses (subject to the review procedures listed in § 180-119C of this chapter):

Accessory apartments (see § 180-55);

Bed-and-breakfasts (see § 180-62);

Campgrounds (see § 180-65);

Churches and related uses (see § 180-67);

Communication towers, antennas, and equipment (see § 180-71);

Family day-care facilities, only as an accessory use to a single-family detached dwelling occupied by the proprietor of the family day-care facility (see § 180-74);

Farm occupations (see § 180-75);

(Reserved)[1]

Editor’s Note: Former Subsection C(8), which listed group homes as a special exception, was repealed 10-14-2014 by Ord. No. 2014-4. See now Subsection B(13).

Home occupations (see § 180-82);

Intermediate care facility and ICF/MR (see § 180-84);

Personal care facilities (see § 180-92);

Public and private schools (see § 180-94);

Restaurants, but excluding drive-through or fast-food restaurants or nightclubs (see § 180-96);

Stables and kennels (see § 180-100); and

Temporary farm employee housing (see § 180-101).

Conditional uses (subject to the review procedures listed in § 180-128 of this chapter):

Airports/heliports (see § 180-57).

Community center (see § 180-72).

Golf courses (see § 180-76).

Mineral extraction (see § 180-87).

Cluster development (see § 180-67.1).

[Added 2-28-2006 by Ord. No. 2006-2]

Principal solar energy systems (see § 180-107).

[Added 10-23-2012 by Ord. No. 2012-2]

Tower-based WCF in ROW.

[Added 6-13-2017 by Ord. No. 2017-2]

Tower-based WCF out of ROW 40 feet in height or less.

[Added 6-13-2017 by Ord. No. 2017-2]

Oil and gas compressor station (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas well (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Design standards.

[Amended 4-21-2009 by Ord. No. 2009-2; 6-14-2011 by Ord. No. 2011-1; 8-28-2018 by Ord. No. 2018-6]

					Minimum Yard Setbacks (feet)
Use	Min. Lot Area (acres)	Min. Lot Width (feet)	Max. Lot Coverage (percent)	Max. Building Height (feet)	Front	One Side	Both Sides	Rear	Special
Agricultural, horticultural and forestry related uses	10	140	10%	85¹	50	50	100	50	See Footnote 2
Single-family detached dwellings	1	140	20%	35	50	20³	40³	50	See Footnote 4
Public usesutility structures	No minimum or maximum criteria for lot area, lot width, lot and public coverage, building height or yard setbacks for this use
All other principal uses⁵	1	140	20%	35	50	50	100	50	N/A
Residential accessory uses		N/A		20	Not permitted in front yard	15⁶	30⁶	10⁷	N/A
All other accessory uses		N/A		20	Not permitted in front yard	Same as principal use	Same as principal use	Same as principal use	Same as principal use
Oil and gas activities	1

NOTES:
¹The maximum building height is 85 feet for uninhabitable accessory farm structures and 35 feet for all other structures.
²Special setback requirements. Agricultural fences that are used to contain agricultural livestock shall be set back a minimum of six feet from all property lines.
³Side yard setbacks are 20 feet each, total 40 feet, except that side yard with abutting street is 50 feet, total 70 feet.
⁴In addition to the setbacks above, every single-family detached dwelling unit, other than a farm dwelling, proposed within the A/RR Zone shall comply with the following setbacks. Required setback distances shall be measured as a straight line between the closest point of the proposed dwelling and the specified use:
	Two-hundred-foot setback. This setback shall be required between a proposed single-family detached dwelling and any area used for farm-related businesses; facilities or areas used for the storage or processing of manure, garbage, or spent mushroom compost; and structures for the cultivation of mushrooms or the raising or housing of livestock.
	The Zoning Hearing Board may, as a special exception, however, reduce the two-hundred-foot special setback where it is shown that, because of prevailing winds, unusual obstructions, topography, or other conditions, a lesser distance would protect adjoining lands from odor, dust, or other hazards. In no case, however, shall the Zoning Hearing Board reduce the special setback to less than 100 feet. The burden shall be upon the applicant to prove that a lesser distance would not be detrimental to the health, safety, and general welfare of residents of proposed single-family detached dwellings.
	One-hundred-fifty-foot setback. This setback shall be required between a proposed single-family detached dwelling and all beehives and/or areas utilized as apiaries.
⁵All other permitted by right, special exception, or conditional use, except where greater restrictions are imposed within Article III, IV or V of this chapter.
⁶Side yards for residential accessory structures are 15 feet each or to the limit of any drainage and utility or other easement, whichever is greater, total 30 feet or greater as dictated by the existence of any drainage and utility or other easements; side yard with abutting street, 50 feet.
⁷Rear yard for residential accessory structures is 10 feet or to the limit of any drainage and utility or other easement, whichever is greater.

All uses permitted within this zone shall also comply with the requirements of Articles III and IV of this chapter. In addition, all uses permitted by conditional use or special exception shall also comply with the requirements of Article V, Specific Criteria, of this chapter. In any case of conflict among the requirements of this article, Article III, Article IV and/or Article V, the most stringent requirement for the specific use shall apply.

§ 180-17 Village Residential Zone (VR).

Purpose. This zone seeks to acknowledge the higher densities existing within village areas of the Township. A wide range of housing types is encouraged, with densities exceeding those permitted elsewhere in the Township. This zone is located near existing village areas and/or major transportation routes. Certain civic and residential-related uses have also been allowed to enhance convenient access to this higher concentration of residents. This zone coincides with areas of potential public utility service areas. As a result, permitted densities and housing types reflect the use of these potential public utilities.

Permitted uses:

Agriculture, subject to the standards listed in § 180-16 of this chapter, but excluding commercial livestock operations, as defined herein.

Commercial forestry.

Community center.

Multiple-family dwellings.

Public and nonprofit parks and playgrounds.

Public uses and public utility structures.

Single-family detached dwellings.

Single-family semidetached dwellings.

Townhouses.

Accessory uses customarily incidental to the above permitted uses.

Accessory solar energy system.

[Added 10-23-2012 by Ord. No. 2012-2]

Group home (see § 180-77).

[Added 10-14-2014 by Ord. No. 2014-4]

WCF on existing structure.

[Added 6-13-2017 by Ord. No. 2017-2]

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

O&G meter/gathering facility (minor) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

O&G meter/gathering facility (major) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas pipelines (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Special exception uses (subject to the review procedures listed in § 180-119C of this chapter):

Accessory apartments (see § 180-55);

Boardinghouses (see § 180-64);

Churches and related uses (see § 180-67);

Family day-care facilities (see § 180-74);

(Reserved)[1]

Editor’s Note: Former Subsection C(5), which listed group homes as a special exception, was repealed 10-14-2014 by Ord. No. 2014-4. See now Subsection B(12).

Home occupations (see § 180-82);

Intermediate care facility and ICF/MR (see § 180-84);

Medical residential campuses (see § 180-86);

Personal care facilities (see § 180-92); and

Public and private schools (see § 180-94).

Conditional uses (subject to the review procedures listed in § 180-128 of this chapter):

Mobile home park (see § 180-89).

Principal solar energy systems (see § 180-107).

[Added 10-23-2012 by Ord. No. 2012-2]

Tower-based WCF in ROW.

[Added 6-13-2017 by Ord. No. 2017-2]

Oil and gas well (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Design requirements.

[Amended 6-22-2004 by Ord. No. 2004-4; 8-23-2005 by Ord. No. 2005-3; 6-14-2011 by Ord. No. 2011-1; 8-28-2018 by Ord. No. 2018-6]

Uses	Required Utilities	Min. Lot (square feet)¹	Max. Net Density (DU/Ac) ¹	Min. Lot Width (feet)¹	Max. Lot Coverage (percent)¹	Max. Building Height (feet)¹	Minimum Yard Setbacks Front	Small Side	Both Sides	Rear
Multiple-family dwellings²	Both public water and sewer	87,120	5	200	60	35	50	30	60	60
Multiple- family dwellings	Either private water or sewer	This use prohibited without both public water and public sewer
Single- family detached dwellings	Both public water and sewer	21,780	2	100	35	35	30	10	25	30
Single- family detached dwellings	Public water	30,000	1.4	110	35	35	40	12.5	25	30
Single- family detached dwellings	Either private water or sewer	43,560	N/A	140	35	35	50	20	50	30
Single-family semi- detached dwellings	Both public water and sewer	10,000 per unit	3	75 per unit	35	35	25	25	N/A	30
Single-family semi-detached dwellings	Either private water and public sewer or public water and private sewer	30,000 per unit	N/A	75 per unit	35	35	30	25	N/A	30
Public uses and public utility structures	N/A	No minimum or maximum criteria for lot area, lot width, lot coverage, building height, or yard setbacks for this use
Townhouses^2,3	Both public water and	3,000 per unit	5	25 per unit	60	35	30	15 end units	N/A	30
Townhouses	sewer Either private water or sewer	This use prohibited without both public water and sewer
Other principal uses	Both public water and sewer	43,560	N/A	200	30	35	40	30	60	50
Other principal uses	Either private water or sewer	Other principal uses are prohibited without both public water and public sewer, except as may be provided for in Article V, Specific Criteria, of this chapter.
Residential accessory uses			N/A/			20	Prohibited in front yard	15⁴	30⁴	5⁴
All other accessory uses			N/A			20	Minimum yard setback requirements same as principal use
Oil and gas activities	1 acre

NOTES: ¹Except where a greater limitation is imposed elsewhere within this chapter.
²In those instances where several multiple-family dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances shall be provided between each building:
a.	Front to front, rear to rear, or front to rear, parallel buildings shall have at least 70 feet between faces of the buildings. If the front or rear faces are obliquely aligned, the above distance may be decreased by as much as 10 feet at one end, if increased by a similar or greater distance at the other end.
b.	A minimum yard space of 30 feet is required between end walls of buildings. If the buildings are at right angles to each other, the distance between corners of the end walls of the buildings may be reduced to a minimum of 30 feet.
c.	A minimum yard space of 30 feet is required between end walls and front or rear faces of buildings.
³No townhouse grouping shall contain more than six units. For each townhouse grouping containing more than four units, no more than 60% of such units shall have the same front yard setback. The minimum variation of setback shall be four feet. All townhouse buildings shall be set back a minimum of 15 feet from any parking facilities contained on commonly held lands. All townhouse buildings shall be set back at least 30 feet from any perimeter boundary of the development site.
⁴Residential accessory uses shall maintain side yard setbacks of 15 feet each or to the limit of any drainage and utility or other easement, whichever is greater, total of 30 feet or greater as dictated by the existence of any drainage and utility easements; side yard with abutting street, 50 feet. Residential accessory uses shall maintain a rear yard of five feet or to the limit of any drainage and utility or other easement, whichever is greater.

§ 180-18 Resort Commercial Zone (RC).

Purpose. The purpose of this zone is to provide an area for family-oriented commercial uses which will supplement and complement recreational facilities in the Township and adjoining communities. This zone has been designed in recognition of the presence of existing recreation facilities and the recreation potential along the Blue Mountain.

Permitted uses:

Commercial forestry.

Health and fitness clubs, subject to the following criteria:

Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses;

All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, 25 feet from all other lot lines, and 100 feet from any residentially zoned properties;

Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building; and

The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets.

Retail sales of goods and services, such as gift shops and sports equipment stores, oriented to serving the needs of patrons of lodging facilities and recreation areas.

Hotels, motels and similar lodging facilities.

Indoor theaters and auditoriums.

Restaurants and taverns serving food, excluding drive-through or fast-food restaurants and nightclubs.

Accessory solar energy system.

[Added 10-23-2012 by Ord. No. 2012-2]

Group home (see § 180-77).

[Added 10-14-2014 by Ord. No. 2014-4]

WCF on existing structure.

[Added 6-13-2017 by Ord. No. 2017-2]

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

O&G meter/gathering facility (minor) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

O&G meter/gathering facility (major) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas pipelines (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Special exception uses (subject to the review procedures listed in § 180-119C of this chapter):

Amusement arcades (see § 180-58);

Commercial recreation facilities (see § 180-69);

Drive-through and/or fast-food restaurants (see § 180-73);

(Reserved)[1]

Editor’s Note: Former Subsection C(4), which listed group homes as a special exception, was repealed 10-14-2014 by Ord. No. 2014-4. See now Subsection B(8).

Home occupations (see § 180-82);

Intermediate care facility and ICF/MR (see § 180-84); and

Personal care facilities (see § 180-92).

Short-term rentals.

[Added 11-10-2020 by Ord. No. 2020-3]

Bed-and-breakfasts (see § 180-62).

[Added 5-11-2021 by Ord. No. 2021-2]

Conditional uses.

[Added 6-13-2017 by Ord. No. 2017-2[2]]

Tower-based WCF in ROW.

Tower-based WCF out of ROW 40 feet in height or less.

Oil and gas well (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Editor's Note: This ordinance also redesignated former Subsections D through L as Subsections E through M, respectively.

Lot area, lot width, and lot coverage requirements:

	Uses	Required Utilities	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)
	All uses	Both public water and public sewer	43,560	140	60%
	All uses	Either private water or public sewer	87,120¹	250	50%

NOTES:

¹The minimum required lot size may be increased to ensure an acceptable level of nitrate-nitrogen in the adjoining groundwater. Such determination will be made by the PADEP through its sewer module review process (see also § 180-45).

Minimum setback requirements (principal and accessory uses, except that no minimum setbacks are required for public uses and public utility structures):

			Minimum Yard Setbacks (feet)
Use	Building Separation Setback¹ (feet)	Residential Buffer Strip² (feet)	Front	Each Side	Rear
Buildings and structures (excluding signs)	25	20	35	15	20
Off-street parking	N/A	20	20	10³	20
Off-street loading	N/A	20	35	10³	20
Permitted freestanding signs	N/A	20	10	10	20
Outdoor storage areas	N/A	20	Not Permitted	15	20
Outdoor display areas	N/A	20	35	15	20

	NOTES: ¹For multiple buildings on the same lot there shall be provided a minimum of 25 feet between the closest points of such buildings.
	²Any lot adjoining an existing residence, or adjoining land within a residential zone, shall maintain a twenty-foot setback for nonresidential buildings, structures, off-street parking lots and loading areas, freestanding signs, and outdoor storage and display areas. Such areas shall be used for a landscape strip and screen, in accordance with the standards found in § 180-33 of this chapter.
	³In those cases where joint parking and/or loading areas are provided for adjoining uses, the side yards where cross traffic patterns will exist can be waived solely for the joint-use parking and/or loading areas.

Maximum permitted height: 35 feet, except that no maximum height is established for public uses or public utility structures.

Signs. Signs shall be permitted as specified in § 180-38 of this chapter.

Screening. A visual screen must be provided along any adjoining lands upon which a residence exists and along any residential zone regardless of whether or not the residentially zoned parcel is developed.

Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage or display areas, and sidewalks shall be maintained with a vegetative ground cover and/or ornamental plantings.

Commercial operations standard. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal regulations, as required by the most recent regulations made available from the governmental entity having jurisdiction.

All uses within this zone shall also comply with the requirements of Articles III and IV of this chapter. In addition, all uses permitted by conditional use or special exception shall also comply with the requirements of Article V, Specific Criteria, of this chapter. In any case of conflict among the requirements of this article, Article III, Article IV, and/or Article V, the most stringent requirement for the specific use shall apply.

Principal conditional uses (subject to review procedures listed in § 180-127 of this chapter):

[Added 10-23-2012 by Ord. No. 2012-2]

Principal solar energy systems (see § 180-107).

Design standards.

[Added 8-28-2018 by Ord. No. 2018-6]

Use.

Oil and gas activities, minimum lot area: one acre.

§ 180-18.1 Planned Resort Residential Community Zone (PRRC).

[Added 3-8-2016 by Ord. No. 2015-12[1]]

Purpose. The purpose of this zone is to provide for an area that will contain a complementary mix of residential and nonresidential uses (including commercial and resort uses) as part of an overall "Development Plan" for a certain tract of land, while preserving existing historical structures. As an area of planned mixed-use zoning, the PRRC Zone is intended to discourage "strip" commercial development and encourage streetscapes, and complimentary residential uses located above and/or adjacent to retail and/or other nonresidential uses.

Permitted uses:

Nonresidential uses.

The following uses are permitted:

Agriculture;

Beauty parlor, including spa and related uses;

Golf course;

Horticultural-related uses;

Membership clubs;

Plant nurseries and greenhouses;

[7]

Public and nonprofit parks and playgrounds;

[8]

Public uses and public utility structures;

[9]

Winery;

[10]

Accessory uses customarily incidental to the above permitted uses, including swimming pools;

[11]

WCF on existing structure; and

[Added 6-13-2017 by Ord. No. 2017-2]

[12]

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

The following uses are permitted provided that the uses are located within a substantial structure that is to be repurposed and that is existing at time of adoption of this ordinance provision:

Church and related uses;

Continuing care facility, including assisted living home;

Convention center, including a concert, entertainment, reception and wedding venue;

Hotel (which may include detached cottages/lodges);

Medical office;

Office;

Outdoor recreation;

Public and/or private school [NOTE: This use is subject to the requirement that the land on which any public and/or private school is located and the school itself shall not be exempt from real estate taxes.];

[9]

Restaurant, excluding drive-through or fast food [NOTE: In the PRRC Zone, the term "restaurant" shall include an establishment that serves alcoholic beverages (including, but not limited to, wine, beer and spirits). A restaurant may have an exterior seating area.];

[10]

Retail;

[11]

Tavern [NOTE: In the PRBC Zone, the term "tavern" shall include a facility that is used for the on-site consumption of alcoholic or nonalcoholic beverages where live entertainment (including, without limitation, disc jockeys) is offered.];

[12]

Accessory uses customarily incidental to the above permitted uses, including swimming pools.

Mixed use multifamily buildings are permitted in the nonresidential area.

Residential uses.

Single-family detached;

Single-family semi-detached (including duplexes and twins);

[Amended 10-27-2020 by Ord. No. 2020-6]

Multiple-family, including 55 and over age-targeted apartments;

Age-restricted housing;

Townhouse;

Carriage house; and

[Added 10-27-2020 by Ord. No. 2020-6]

Cottages.

[Added 10-27-2020 by Ord. No. 2020-6]

Conditional uses if not located within the seminary building or adjacent rectory (subject to the review procedures listed in § 180-128 of this chapter and the applicable requirements of Article V listed below but not other requirements of Article V):

Bed-and-breakfasts (see § 180-62);

One additional communication tower which shall be an alternative tower structure, antennas and equipment (see § 180-71; Subsections F, H and I (as to painting only) shall not apply); this is in addition to any preexisting communication tower on the property;

Community center (see § 180-72);

Continuing care facility, including assisted living home;

Convention center, including a concert, entertainment, reception and wedding venue;

Helicopter pad;

Home occupations (see § 180-82);

Hotel (which may include detached cottages/lodges);

Medical office building;

Office;

Outdoor recreation;

Public and/or private School [NOTE: This use is subject to the requirement that the land on which any public and/or private school is located and the school itself shall not be exempt from real estate taxes.];

Restaurant, excluding drive-through and fast food [NOTE: In the PRRC Zone, the term "restaurant" shall include an establishment that serves alcoholic beverages (including, but not limited to, wine, beer and spirits). A restaurant may have an exterior seating area.] (see § 180-96; Subsections A (as to nightclub only), D, E, F and G shall not apply);

Retail;

Tower-based WCF in ROW.

[Added 6-13-2017 by Ord. No. 2017-2]

Special exception uses:

[Added 6-27-2017 by Ord. No. 2017-3[2]]

Medical marijuana dispensaries, with consideration for the applicable performance standards in § 180-85.1D(4).

Editor’s Note: Pursuant to this ordinance, former Subsections D through L were redesignated as Subsections E through M, respectively.

Overall district requirements. Within the PRRC Zone, all land shall be divided into lots and streets, with the tract divided into residential areas, nonresidential areas, open space areas, and existing and proposed streets. All improvements within the PRRC Zone shall meet the following minimum and maximum requirements.

Common open space.

At least 50% of the entire area in the PRRC Zone, excluding existing road rights-of-way, shall be maintained as open space; provided, however, that at least 35% of the entire area in the PRRC Zone shall be maintained as common open space, as provided in § 180-27. In the PRRC Zone, the term "common open space" shall include land allocated to recreation and/or land on which a recreational facility (including parking areas and access drives for any recreation area or facility) is located even if the recreation land and recreational facility is located in a setback between buildings and/or within the street right-of-way.

In residential areas, the developer shall provide for and establish an organization for the ownership and maintenance of common open space which shall be generally consistent with the requirements for unit owners' associations found in the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq. or the Pennsylvania Uniform Planned Community Act, 68 Pa.C.S.A. § 5101 et seq. In residential areas, the property owners or owners' association shall enter into a recorded declaration that binds the property association or property owners to maintain the common open space. In nonresidential areas, such an association or one or more nonresidential owner(s) shall enter into a recorded declaration that binds the association or nonresidential owner(s) to maintain the common open space. If common open space is not maintained, the Township may, in its discretion, maintain the property and file a lien against the property for the cost of said maintenance. The Township is not permitted to require the establishment of a reserve fund to provide for the maintenance of, or capital improvements to, the common open space when the common open space is owned by a nonresidential owner(s) or association. If the common open space is owned by a residential owner or owners' association, the Township is permitted to require the establishment of a reserve fund to provide for the maintenance of, or capital improvements to, the common open space. This section shall replace § 180-27B(3).

Proposed common open spaces in the PRRC Zone shall be designed and arranged to achieve at least one of the following objectives, and the applicant shall demonstrate those specific measures employed to achieve these objectives: 1) the protection of important natural resources (e.g., streams, ponds, wetlands, steep slopes, woodlands, unique geologic features, wildlife habitats, aquifer recharge areas, etc.); 2) protection of important historical and/or archaeological sites; 3) provision of usable play and recreation areas that are conveniently accessible to residents within the development and/or the Township, provided, however, that recreation areas in the PRRC Zone shall not be required to be open to the general public; or 4) integration of greenbelts throughout the development that link residences with on-site or adjoining or nearby parks, schools, nonresidential uses or other similar features. This section shall replace § 180-27A.

Common open space in the PRRC Zone shall include post-construction stormwater management facilities, including but not limited to infiltration basins, reservoirs, and spray irrigation systems.

This requirement may be met gradually and may be phased so long as 35% of the area being developed during any phase is maintained as common open space. In the event that more than 35% of the area being developed during any phase is maintained as common open space, an applicant shall receive a credit toward the 35% common open space requirement for the PRRC Zone in a later phase of a development; provided, however, that the applicant shall provide the Township with a concept plan depicting the proposed overall scheme for open space during the later phases of a development.

Nonresidential area.

No more than 20 acres in the PRRC Zone may be used for the nonresidential uses, as provided herein.

The area devoted to nonresidential uses in the PRRC Zone must be contiguous, must contain the existing seminary building, must be located adjacent to a Township major or minor collector road (as classified in § 180-42), and must be identified on a plan or plans (there is no requirement that the full 20 acres be designated at one time, in one submission and/or in one plan).

The following nonresidential uses shall not be included in the space to determine the 20 acre limitation:

Agriculture;

Golf course;

Outdoor recreation;

Plant nurseries and greenhouses;

Public and nonprofit parks and playgrounds; and

Public uses and public utility structures.

Notwithstanding the 20 acres available for nonresidential uses and the variety of permitted uses and conditional uses allowed in the PRRC Zone, the total of all nonresidential uses within the allotted 20 acres, when combined, but excluding the existing seminary buildings, shall not exceed a predicted traffic generation greater than 206 p.m. peak hour trips based on the uses to be developed, as set forth in the then most current version of the ITE (Institute of Transportation Engineers) Manual. For purposes of this § 180-18.1E(2)(d) only, traffic projections/generation for uses within the existing seminary buildings shall not be included in determining the total of predicted traffic generation. However, for purposes of the traffic impact study and needed roadway improvements, traffic projections/generation for all uses, including within the existing seminary building, shall be included in determining the total of predicted traffic generation.

In the nonresidential area of the PRRC Zone (excluding the building area of the existing structure), the maximum building coverage shall be no more than 30%.

Residential area. The remaining areas in the PRRC Zone (i.e., the area that is not devoted to common open space and nonresidential uses) may be developed for residential use. Residential uses may be mixed and shall have a maximum total number of 509 units, regardless of whether they are in residential area or nonresidential area as defined in § 180-18.1E(2) above, which shall be allocated as follows based on a combination of all plans approved for residential lots or units in the PRRC Zone:

[Amended 10-27-2020 by Ord. No. 2020-6]

Single-family detached dwellings, configured as "large single-family detached" lots as shown in the table of design standards at § 180-18.1F: minimum 10% of total dwelling units or lots approved.

Single-family detached dwellings, configured as "medium single-family detached" lots as shown in the table of design standards at § 180-18.1F: minimum 10% of total dwelling units or lots approved.

Duplexes, twins, townhouses, and/or carriage houses: maximum of 35% of total maximum dwelling units (178 units).

Cottages: maximum of 35% of total maximum dwelling units (178 units).

Apartments: maximum of 32% of total maximum dwelling units (163 units). The first 109 apartments constructed shall have no occupancy age restrictions. Apartment units in excess of 109 shall be age-qualified apartments.

All development within the PRRC Zone shall be served by public water and public sewer.

All public utilities shall be installed and maintained underground within the boundaries of the PRRC Zone. In the PRRC Zone, there shall be mail delivery in central service areas for multifamily (apartment) dwellings and as otherwise required by the United States Postal Service.

Design standards.¹

[Amended 10-27-2020 by Ord. No. 2020-6]

Use	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percentage)	Maximum Building Height (feet)	Minimum Front Yard Setbacks	Minimum Side Yard Setbacks⁴	Minimum Rear Yard Setbacks
Large single-family detached	7,000	65	50	35	25	10 (20 total)	25
Medium single-family detached	5,000	45	60	35	20	7.5 (15 total)	15
Cottages	4,000	60	60	35	20	7.5 (15 total)	15
Single-family semi-detached (duplex/twins)²	4,000/unit	35/unit	50	35	20	10 (20 total)	15
Townhouses²	2,500/unit	25/unit	60	40	20	10 (end units) (20 total)	20
Carriage houses	2,500/unit	25/unit	60	40	20	10 (end units)	25
Multiple-family dwellings²	43,560	100	60	50	50	15 (30 total)	60
Nonresidential³	43,560	100	70	50	35	20 (40 total)	25

NOTES:
¹	In situations where there are no lot lines separating lots or no public road right-of-way, front yard setbacks will be measured from the edge of the cartway. In such situations, side and rear yard setbacks will be measured based on the building separation distance.
	The setbacks set forth in the foregoing design standards chart shall not apply to the portion of any lot that directly abuts Cherryville Road. The setback distance along Cherryville Road shall be 100 feet for residential structures and 150 feet for nonresidential structures.
²	Design standards applicable to single-family semi-detached, townhouse, multiple-family dwellings, and mixed-use multifamily buildings:
	a.	No townhouse grouping shall contain more than eight units or a maximum length of 224 feet, whichever is less.
	b.	All single-family semi-detached, townhouse and multiple-family dwellings shall be set back a minimum of 10 feet from a parking lot or the edge of the cartway.
	c.	For every attached grouping of townhouse buildings, a minimum of two changes in the front wall plane shall be provided. Such change shall involve a minimum variation or offset of four feet.
	d.	In those instances where several multiple-family dwellings and/or townhouse groupings are located on the same lot, the following separation distances shall be provided between each building:
		i.	Front to front, rear to rear, front to rear, or rear to side buildings shall have at least 50 feet between faces of the buildings; and
		ii.	A minimum separation distance of 20 feet is required between end walls of buildings.
	e.	The average minimum lot width for all buildings contained on a single block shall be no less than the minimum lot width required by the design standard. The lot width of individual buildings within a single block may be less than the design standard minimum lot width, so long as the average minimum lot width of that block complies with the design standard for minimum lot width.
³	Design standards applicable to nonresidential uses:
	a.	For multiple buildings on the same lot where there is no common or adjoining wall connecting the buildings, there shall be provided a minimum of 25 feet of separation distance between the closest points of such buildings;
	b.	Any lot containing a nonresidential use that adjoins land with a residential use shall maintain a thirty-foot separation distance between the property line and nonresidential buildings and structures, all off-street parking lots and loading areas, freestanding signs and outdoor storage and display areas. Such areas shall be used for a landscape strip and screen in accordance with the standards found in § 180-33 of this chapter. However, the aforementioned standards set forth in this footnote 3.b. shall not apply in a situation where one lot contains both nonresidential and residential uses. Any lot containing a nonresidential use that adjoins land with a residential use shall have the same setbacks as are required for multifamily dwellings.
	c.	Use of buildings which existed prior to July 1, 2015, shall be permitted by right to be occupied to their full height for uses permitted in the PRRC Zone.
	d.	Nonresidential uses shall comply with the parking and loading requirements for the specific nonresidential uses as provided in this chapter.
⁴	Each stated side yard setback is cumulative/aggregate for both side yards on the lot. This requirement can be met in any manner so long as the total side yard setback for both side yards cumulatively equals the stated setback distance. In the case of no lot lines, the side yard setback requirement shall be doubled to determine the building separation requirement within the side yard (i.e., a ten-foot side yard setback times two equals a twenty-foot required building separation). A side yard setback is not required for the common walls in townhouses, single-family semi-detached dwellings (duplexes/twins), and carriage homes. For multiple family dwellings and nonresidential buildings, each yard must have at least a ten-foot setback. For example, one side yard of a multiple family dwelling may have a ten-foot setback if the other side yard setback is 20 feet, thereby cumulatively satisfying the thirty-foot side yard setback requirement. In cases of no lot lines, the required building separation distance requirement is cumulative/aggregate for both sides of the lot. This requirement can be met in any manner so long as the total building separation distance equals the stated separation distance.
⁵	In situations where there are no lot lines separating lots, the lots shall be laid out so that the minimum lot area, minimum lot width and lot coverage requirements would be physically able to be met as if the dwellings were on fee-simple lots. However, in such case, the actual lot lines for such dimensions do not need to be legally established.

Driveways.

This section, which applies to the PRRC Zone only, shall replace the driveways requirement contained in § 180-29D of this chapter for residential uses only.

Grades.

Access drive and driveway grades shall not exceed a grade of 12%. In addition, at no time should there be a total change in grade on a driveway or access drive that is greater than 8%. There also shall be at least 10 linear feet from the start to end of the grade change.

In the event that Chapter 147, Subdivision and Land Development, contains more strict requirements related to the grade of driveways, the requirements contained in this section shall control.

Within the PRRC Zone, shared driveways are permitted for cottages and carriage houses when the following criteria are met:

[Added 10-27-2020 by Ord. No. 2020-6]

Shared driveways may not serve more than four residential dwelling units;

Overall cartway width of the driveway shall not be less than 14 feet. If the Township Engineer believes a cartway width of 14 feet is inadequate for any particular driveway, the engineer shall notify the developer in writing stating the reasons why a cartway width of 14 feet is believed to be inadequate. Following notification by the Township Engineer, the developer shall have the opportunity to justify the adequacy of the fourteen-foot driveway width. If the developer cannot demonstrate, to the reasonable satisfaction of the Township Engineer, that a width of 14 feet is adequate, the developer shall provide an overall driveway cartway width of 16 feet for such driveway;

Shared driveways shall not exceed 150 feet in length as measured from the edge of the intersecting cartway;

An easement for perpetual operation and maintenance is provided from the private road to the termination of the driveway. Such easement shall allow public access for purposes of emergency and other public vehicles for necessary services;

Shared driveways must access onto a private road;

Provisions shall be provided that the owners of any and all of the properties served by using the shared driveway shall refrain from prohibiting, restricting, limiting, or in any manner interfering with normal ingress, egress, public utilities, and use by any of the other owners served by the shared driveway. Normal ingress and egress shall include use by family, guests, invitees, vendors, tradesman, delivery persons, and others bound to or returning from any of the properties served by the shared driveway;

Suitable areas are provided for snow storage/removal, deliveries, and trash removal;

(h)

The cost of maintenance and improvements shall be the responsibility of the homeowners' association;

(i)

All addresses served by the shared driveway shall be clearly marked at its point of intersection with the road, and any such addresses shall also be clearly marked at any location a driveway splits from the shared driveway; and

(j)

No shared driveway shall be posted with a street name.

Erection of more than one principal use per lot.

A lot and/or building in a nonresidential area of the PRRC Zone may be used for one or more of the aforementioned permitted residential and/or nonresidential principal uses and accessory uses as set forth in this section. One or more dwellings may be permitted on a single lot in the PRRC Zone when the lot contains a condominium and/or planned community with or without lot lines.

If a building is used for more than one principal use, the building shall comply with all design standards, as set forth in § 180-18.1F, based on the use that is most restrictive.

If a lot contains multiple buildings, the buildings shall comply with the setback criteria, as set forth in § 180-18.1F.

Off-street parking and loading.

This section, which applies only to the PRRC Zone, shall replace the off-street parking and loading requirements contained in § 180-37A(1)(c) and § 180-37D(1) and (10) of this chapter.

For residential uses in the PRRC Zone, so long as the driveway length is at least 20 feet or more from the sidewalk (or curb if there is no sidewalk) to the building, one space in the driveway shall be counted toward the required number of off-street parking spaces for a single-car-width driveway, two spaces for a two-car-width driveway, and so forth. Spaces in a garage shall be counted towards off-street parking requirements (for example, a two-car garage would count for two off-street parking spaces, and a three-car garage would count for three off-street parking spaces).

[Amended 10-27-2020 by Ord. No. 2020-6]

As to the approved Phase 1 land development, where a lot and/or building in the PRRC Zone contains more than one type of use, the number of off-street parking spaces shall be the sum of the parking requirements for each separate use with a reduction of 50% of that sum if the plan submitted by the applicant allocates vacant land which can accommodate the number of parking spaces eliminated by the 50% reduction for parking if needed in the future. The Township may direct the current landowner to convert the allocated vacant land to parking pursuant to this section by delivering written notice to the current landowner. The current landowner shall have six months from the date of the written notice to complete the paving; provided, however, that the six-month period shall be tolled during the PennDOT paving down time. This allocation would be memorialized as a note to the plan submitted by the applicant, and the applicant shall include the allocation of vacant land in any calculation of impervious coverage. The applicant may seek a special exception to:

[Amended 10-27-2020 by Ord. No. 2020-6]

Obtain a parking reduction in excess of 50%; and/or

Avoid the allocation of vacant land to future parking.

The maximum widths of alleys shall not include curb returns. Within the PRRC Zone, perpendicular parking shall be permitted adjacent to the cartway of an alley.

[Amended 10-27-2020 by Ord. No. 2020-6]

There shall be a paved area setback of 10 feet from all front, side and rear property lines. This area shall be maintained in grass or other appropriate natural ground cover and shall not be covered with paving, except for approved access drive locations, sidewalks, landscaping stones and/or pavers, bicycle trails, and walking paths. The foregoing shall not apply to:

Access drives, driveways and parking lots shared by multiple uses (i.e., the paved area may straddle the property line); and

Lots where there is less than a ten-foot building setback.

Garage doors in nonresidential or mixed-use multifamily buildings shall not face any existing or proposed street.

All loading areas and loading docks shall be located to the side and rear of buildings. If reasonably practical, loading docks shall not be visible from public streets. All loading docks shall be set back at least 30 feet from residential property lines.

Refuse disposal areas shall be located within buildings or within an opaque screened area that completely hides the refuse and is located to the side or rear of the building. If reasonably practical, refuse disposal areas shall not be visible from public streets. All outdoor refuse disposal areas shall be set back at least 30 feet from residential property lines.

For residential uses within the PRRC Zone, parking for guests shall be provided within on-street and off-street parking spaces at a rate of up to 0.75 space per dwelling unit if it is deemed necessary by the Township.

[Amended 10-27-2020 by Ord. No. 2020-6]

Roadway access.

This section, which applies only to the PRRC Zone, shall replace the roadway access standards set forth in § 180-41B of this chapter.

The center line of all proposed driveways or alleys to dwelling(s) shall be set back a minimum of 50 feet from the center line of the intersection of two local roads. In the event of a "T" intersection, all proposed driveways or alleys to dwelling(s) shall be directly opposite the intersecting local street.

[Amended 10-27-2020 by Ord. No. 2020-6]

Steep slope protection standards.

The steep slope protection standards set forth in § 180-45 shall not apply to the PRRC Zone.

Earthmoving activities; soil erosion and sedimentation control.

Earthmoving activities, soil erosion and sedimentation control shall comply with § 180-47 of this chapter except as otherwise provided in this section.

Slopes that pose a threat of instability, in the opinion of the Township Engineer, shall not be created. The Zoning Officer may require that the applicable provide certification from a professional engineer that finished slopes greater than 2:1 will be stable in the PRRC Zone. Any slope less than 2:1 shall be deemed to be stable in the PRRC Zone.

In the event that this section conflicts with any other section of this chapter or with Chapter 147, Subdivision and Land Development, the provisions of this section shall control. Notwithstanding the foregoing, any provisions of Chapter 180, the Lehigh Township Zoning Ordinance, not modified by this ordinance shall apply in the PRRC Zone.

Editor's Note: This ordinance provided that "In the PRRC Zone, the harvesting of trees to clear land to be used for residential or nonresidential uses shall not be considered commercial forestry."

§ 180-19 Neighborhood Commercial Zone (NC).

Purpose. The purpose of this zone is to provide basic commercial goods and services to local residents who are located at some distance from the Township's General Commercial Zone. Uses have been limited to those that residents are likely to need on a daily or regular basis. Overall, retail size has been restricted to prevent the establishment of intensive commercial uses that exceed the local orientation of this zone. Areas where this zone occurs may have been sized to permit a grouping of several businesses. These areas have been located amid and adjacent to the various residential concentrations to facilitate convenient access to these services without creating additional congestion to and from larger commercial centers. Strict design standards have been imposed to keep uses in this zone compatible with nearby homes.

Permitted uses:

Banks and similar financial institutions.

Churches and related uses.

Commercial forestry.

Commercial day-care facilities, subject to the following:

An outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residences and residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period;

Passenger drop-off and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site;

One off-street parking space shall be provided for each six persons enrolled; and

All commercial day-care facilities shall obtain and maintain proper licensure from the Commonwealth of Pennsylvania.

Community center.

Dry cleaners, laundries and laundromats, subject to the following:

Public sewer and public water supplies shall be utilized, except for operations that only involve pickup and drop-off.

All activities shall be conducted within a completely enclosed building.

During operation or plant cleanup and maintenance, all windows and doors on walls facing adjoining residences or residentially zoned parcels shall be kept closed.

Any exhaust and ventilation equipment shall be directed away from adjoining residences or residentially zoned parcels.

Self-service laundromats shall require one off-street parking space for each two washing machines; other laundry-related uses shall provide one off-street parking space for each 400 square feet of gross floor area.

Medical or dental clinics.

Offices.

Public uses and public utility structures.

Restaurants, but excluding drive-through or fast-food restaurants, or nightclubs.

Retail sale and/or rental of goods, including convenience stores, provided that the total sales and/or display area is less than 3,600 square feet.

Retail services, including barber/beauty salons, music, dance, art or photographic studios, and repair of clocks and small appliances.

Public and private schools, subject to the following:

All off-street parking lots shall be set back 25 feet and screened from adjoining property lines;

All buildings shall be set back at least 100 feet from any lot on which a residence exists or from any adjoining land within a residential district;

If education is offered below the college level, an outdoor play area shall be provided, at a rate of 65 square feet per individual enrolled. Off-street parking compounds shall not be used as outdoor play areas. Outdoor play areas shall not be located within the front yard. Additionally, outdoor play areas shall be located and designed so as not to disrupt normal activities of adjoining uses permitted within the zone and/or neighborhood. Outdoor play areas shall be completely enclosed by a minimum four-foot-high fence and screened from adjoining residences and residentially zoned properties. Any vegetative materials located within the outdoor play areas shall be of a nonharmful type (poisonous, thorny, allergenic, etc.). All outdoor play areas must provide a means of shade, such as a shade tree(s) or pavilion(s);

Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period;

Passenger drop-off and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; and

Parking spaces shall be provided in accordance with the requirements of § 180-37 of this chapter.

Shopping centers with only those uses permitted in this section.

Single-family detached dwellings, in accordance with the standards for this use established in § 180-16 of this chapter,

Veterinary offices, provided no outdoor keeping of animals is permitted.

Accessory uses customarily incidental to the above permitted uses.[1]

Editor's Note: Former Subsection B(17), Warehouses, was repealed 3-13-2018 by Ord. No. 2018-3. This ordinance also redesignated former Subsection B(18) through (22) as Subsection B(17) through (21), respectively.

Accessory solar energy system.

[Added 10-23-2012 by Ord. No. 2012-2]

Group home (see § 180-77).

[Added 10-14-2014 by Ord. No. 2014-4]

WCF on existing structure.

[Added 6-13-2017 by Ord. No. 2017-2]

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

O&G meter/gathering facility (minor) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

(23)

O&G meter/gathering facility (major) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

(24)

Oil and gas pipelines (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Special exception uses (subject to the review provisions listed in § 180-119C of this chapter):

Automobile filling stations (including minor incidental repairs) (see § 180-59);

Automobile sales (see § 180-60);

Car washes (see § 180-66);

Communication antennas, towers, and equipment (see § 180-71);

(Reserved)[2]

Editor’s Note: Former Subsection C(5), which listed group homes as a special exception, was repealed 10-14-2014 by Ord. No. 2014-4. See now Subsection B(20).

Home occupations (see § 180-82);

Intermediate care facility and ICF/MR (see § 180-84);

Personal care facilities (see § 180-92); and

Medical marijuana dispensaries, with consideration for the applicable performance standards in § 180-85.1D(4).

[Added 6-27-2017 by Ord. No. 2017-3]

Short-term rentals.

[Added 11-10-2020 by Ord. No. 2020-3]

Bed-and-breakfasts (see § 180-62).

[Added 5-11-2021 by Ord. No. 2021-2]

Conditional uses.

[Added 6-13-2017 by Ord. No. 2017-2[3]]

Tower-based WCF in ROW.

Tower-based WCF out of ROW 40 feet in height or less.

Oil and gas well (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Editor's Note: This ordinance also redesignated former Subsections D through L as Subsections E through M, respectively.

Lot area, lot width, and lot coverage requirements:

[Amended 8-28-2018 by Ord. No. 2018-6]

Uses	Required Utilities	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Lot Coverage (percent)
Public uses and public utility structures	N/A	No minimum lot area or lot width or maximum lot coverage for this use
All uses	Both public water and sewer	15,000	100	60%
All uses	Either private water or sewer	43,560¹	140	50%
Oil and gas activities		0.5 acre

NOTES:

¹The minimum required lot size may be increased to ensure an acceptable level of nitrate-nitrogen in the adjoining groundwater. Such determination will be made by the PADEP, through its sewer module review process.

Minimum setback requirements (principal and accessory uses, except that no minimum setbacks are required for public uses and public utility structures):

			Minimum Yard Setbacks (feet)
Use	Building Separation Setback¹ (feet)	Residential Buffer Strip² (feet)	Front	Each Side	Rear
Buildings and structures (excluding signs)	25	20	35	15	20
Off-street parking	N/A	20	20	10³	20
Off-street loading	N/A	20	35	10³	20
Permitted freestanding signs	N/A	20	10	10	20
Outdoor storage areas	N/A	20	Not Permit- ted	15	20
Outdoor display areas	N/A	20	35	15	20

	NOTES: ¹For multiple buildings on the same lot there shall be provided a minimum of 25 feet between the closest points of such buildings.
	²Any lot adjoining an existing residence, or adjoining land within a residential zone, shall maintain a twenty-foot setback for nonresidential buildings, structures, off-street parking lots and loading areas, freestanding signs, and outdoor storage and display areas. Such areas shall be used for a landscape strip and screen, in accordance with the standards found in § 180-33 of this chapter.
	³In those cases where joint parking and/or loading areas are provided for adjoining uses, the side yards where cross traffic patterns will exist can be waived solely for the joint-use parking and/or loading areas.

Maximum permitted height: 35 feet, except that no maximum height is established for public uses or public utility structures.

Signs. Signs shall be permitted as specified in § 180-38 of this chapter.

Conditional uses (subject to review procedures listed in § 180-127 of this chapter):

[Added 10-23-2012 by Ord. No. 2012-2]

Principal solar energy systems (see § 180-107).

§ 180-20 General Commercial Zone (GC).

Purpose. This zone provides for larger-scale retail, entertainment, and service uses within the Township. Uses within this zone are meant to draw upon a Township-wide and regional market. Furthermore, certain tourism-related uses are also permitted that cater to those visiting or passing through the Township. The types of uses permitted, and the accompanying design standards, reflect the scale of development desired within these areas. The minimum lot size is intended to encourage larger single uses and an integration of several smaller ones. Areas designated for this zone are characterized by good vehicular access and/or existing large-scale commercial development. Finally, design standards are imposed to create an attractive, well-landscaped setting with abundant convenient parking.

Permitted uses:

Automobile sales, service and repair facilities, but excluding filling stations;

Banks and similar financial institutions;

Churches and related uses;

Commercial forestry;

Community center;

Health and fitness clubs, subject to the following criteria:

Off-street parking shall be provided as required by the combination of elements comprising the health club, including accessory uses;

All outdoor recreation facilities shall be set back at least 50 feet from the street right-of-way line, 25 feet from all other lot lines, and 100 feet from any residentially zoned properties;

Any accessory eating or retail use shall not be directly accessible without passing through the main clubhouse building; and

The applicant shall furnish expert evidence that all lighting of outdoor recreation areas has been arranged to prevent glare on adjoining properties and streets;

Hotels, motels, and similar lodging facilities;

Indoor recreation;

Indoor theaters and auditoriums;

Offices;

Public uses and public utility structures;

Restaurants and taverns;

Retail sales of goods and services;

Wholesale trades; and[1]

Editor's Note: Former Subsection B(14), Warehouses, was repealed 3-13-2018 by Ord. No. 2018-3. This ordinance also redesignated former Subsection B(15) through (20) as Subsection B(14) through (19), respectively.

Accessory uses customarily incidental to the above permitted uses; and

Accessory solar energy system.

[Added 10-23-2012 by Ord. No. 2012-2]

Group home (see § 180-77).

[Added 10-14-2014 by Ord. No. 2014-4]

WCF on existing structure.

[Added 6-13-2017 by Ord. No. 2017-2]

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

O&G meter/gathering facility (minor) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

O&G meter/gathering facility (major) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas pipelines (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Special exception uses (subject to the review procedures listed in § 180-119C of this chapter):

Amusement arcades (see § 180-58).

Automobile filling stations, including minor incidental repairs (see § 180-59).

Communication antennas, towers, and equipment (see § 180-71).

Drive-through and/or fast-food restaurants (see § 180-73).

(Reserved)[2]

Editor’s Note: Former Subsection C(5), which listed group homes as a special exception, was repealed 10-14-2014 by Ord. No. 2014-4. See now Subsection B(18).

Health care facility (see § 180-78).

Home improvement and building supply stores (see § 180-81).

Home occupations, only in connection with residences lawfully established prior to the date of adoption of this chapter (see § 180-82).

Hospital (see § 180-83).

Intermediate care facility and ICF/MR (see § 180-84).

Long-term care nursing facility (see § 180-85).

Mortuaries and crematoria (see § 180-90).

Personal care facilities (see § 180-92).

Shopping centers or malls with only uses permitted within this zone (see § 180-97).

Skilled nursing facility (see § 180-98).

Academic clinical research centers, with consideration for the applicable performance standards in § 180-85.1D(1).

[Added 6-27-2017 by Ord. No. 2017-3]

Medical marijuana grower/processors, with consideration for the applicable performance standards in § 180-85.1D(2).

[Added 6-27-2017 by Ord. No. 2017-3]

Medical marijuana transport vehicle offices, with consideration for the applicable performance standards in § 180-85.1D(3).

[Added 6-27-2017 by Ord. No. 2017-3]

Medical marijuana dispensaries, with consideration for the applicable performance standards in § 180-85.1D(4).

[Added 6-27-2017 by Ord. No. 2017-3]

Conditional uses (subject to the review procedures and requirements listed in § 180-128 of this chapter):

Commercial recreation facilities (see § 180-69).

Principal solar energy systems (see § 180-107).

[Added 10-23-2012 by Ord. No. 2012-2]

Tower-based WCF in ROW.

[Added 6-13-2017 by Ord. No. 2017-2]

Tower-based WCF out of ROW 40 feet in height or less.

[Added 6-13-2017 by Ord. No. 2017-2]

Tower-based WCF out of ROW greater than 40 feet.

[Added 6-13-2017 by Ord. No. 2017-2]

Oil and gas compressor station (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas well (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Design requirements.

Minimum lot area requirements. Unless otherwise specified, each use within this zone shall have a minimum area of one acre. For the purposes of this section, a "use" can include several businesses that are developed in a coordinated fashion (e.g., joint parking lots, access drives, loading areas, landscaping, signage, etc.) that function as one development site and satisfy all of those requirements imposed upon this zone. There shall be no minimum lot area required for public uses and public utility structures.

Required public utilities. When required by Article V of this chapter, public water and/or public sewer service shall be supplied.

Minimum lot width: 140 feet. There shall be no minimum lot width required for public uses and public utility structures.

Minimum lot depth: 250 feet. There shall be no minimum lot depth for public uses and public utility structures.

Maximum lot coverage: 60%. There shall be no maximum lot coverage for public uses and public utility structures.

Minimum setback requirements (principal and accessory uses). There shall no be minimum setback requirements for public uses and public utility structures.

Front yard setback:

	Use	Required Front Yard Setback (feet)
	Buildings and structures, excluding signs	50
	Off-street parking (including aisles)	30
	Off-street loading	Not permitted in front yard
	Permitted freestanding signs	10
	Outdoor storage areas	Not permitted in front yard
	Outdoor display areas	50

Side yard setbacks. All buildings and structures shall be set back at least 10 feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least 15 feet from the side lot lines, unless joint parking and/or loading facilities are shared by adjoining uses. In such instances, the side yard setbacks can be waived along those lot lines over which traffic from the joint parking and/or loading facilities must pass.

Rear yard setback. All buildings, structures, and off-street loading areas shall be set back at least 20 feet from the rear lot line. All parking lots shall be set back at least 10 feet from the rear lot line.

Building separation setbacks. For multiple buildings contained on the same lot there shall be provided a minimum of 25 feet between the closest points of such buildings.

Residential buffer strip. Any lot adjoining land containing a residence or adjoining land within a residential zone shall maintain a twenty-foot setback between buildings, structures, off-street parking lots and loading areas, and the residential use or residentially zoned parcels. Such areas shall be planted with a dense evergreen buffer, in accordance with the requirements of § 180-33 of this chapter.

Maximum permitted height: 35 feet.

Screening. Screening must be provided along any adjoining lands with an established residential use and all residentially zoned parcels.

Landscaping. Any portion of the site not used for buildings, structures, parking compounds, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings.

Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal regulations, as required by the most recent regulations made available from the governmental entity having jurisdiction.

PLANNED BUSINESS DEVELOPMENT

Use, oil and gas activities, minimum lot area: one acre.

[Added 8-28-2018 by Ord. No. 2018-6]

All uses permitted within this zone shall comply with the requirements of Articles III and IV of this chapter. In addition, all uses permitted by special exception or conditional use shall also comply with the requirements of Article V, Specific Criteria, of this chapter. In any case of conflict among the requirements of this article, Article III, Article IV and/or Article V, the most stringent requirement for the specific use shall apply.

§ 180-21 Office Business Zone.

Purpose. This zone seeks to provide sufficient locations for offices and related business uses in a campus-like setting.

Definition. As used in this section, the following terms shall have the meanings indicated:

A development approved as a conditional use under the standards of § 180-21G. The planned business development standards are primarily intended to avoid the eventual placement of a large number of driveways that would enter onto arterial and collector streets and to provide for unified and coordinated development.

Permitted uses within a planned business development. The following uses are permitted by right only within an approved planned business development, as principal or accessory uses:

Cafe.

Commercial day care.

Commercial forestry.

Health and fitness club.

Hotel.

Manufacture, assembly and testing of electronic, microelectronic and computer products.

Motel.

Public and private schools, subject to the following:

All off-street parking lots shall be set back 25 feet and screened from adjoining property lines;

All buildings shall be set back at least 100 feet from any lot on which a residence exists or from any adjoining land within a residential district;

Enrollment shall be defined as the largest number of persons and/or children under day-care supervision at any one time during a seven-day period;

Passenger drop-off and pickup areas shall be provided on site and arranged so that the passengers do not have to cross traffic lanes on or adjacent to the site; and

Parking spaces shall be provided in accordance with the requirements of § 180-37 of this chapter.

Restaurant.

Restaurant, drive-through or fast-food.

The following uses, provided that the applicant provides sufficient evidence to the Zoning Officer that the use will not routinely generate a total of more than 20 trips in and out of a lot onto a public street(s) by tractor-trailers during the average workday. The Zoning Officer may request a decision by the Zoning Hearing Board to determine whether such a use will meet this requirement.

Photofinishing laboratory.

Research, engineering or testing laboratory.

Testing and repair of manufactured products.

Wholesale sales.

Accessory solar energy system.

[Added 10-23-2012 by Ord. No. 2012-2]

Group home (see § 180-77).

[Added 10-14-2014 by Ord. No. 2014-4]

O&G meter/gathering facility (minor) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

O&G meter/gathering facility (major) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas pipelines (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Permitted uses. The following uses are permitted either within a planned business development or within a lot of record, which lot has an area of 10 acres or more, that existed prior to the adoption of this chapter:

Church and related uses.

Financial institution.

Offices.

Swimming pool, public or semipublic.

Township-owned uses.

United States Postal Service facility.

WCF on existing structure.

[Added 6-13-2017 by Ord. No. 2017-2]

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

Special exception uses (subject to the review procedures listed in § 180-119C of this chapter):

(Reserved)[1]

Editor’s Note: Former Subsection E(1), which listed group homes as a special exception, was repealed 10-14-2014 by Ord. No. 2014-4. See now Subsection C(13).

Home occupations (see § 180-82);

Intermediate care facility and ICF/MR (see § 180-84);

Medical residential campuses (see § 180-86);

Personal care facilities (see § 180-92); and

Academic clinical research centers, with consideration for the applicable performance standards in § 180-85.1D(1).

[Added 6-27-2017 by Ord. No. 2017-3]

Conditional use (subject to the review procedures and requirements listed in § 180-128 of this chapter):

Planned business development as defined in Subsection B of this section.

Principal solar energy systems (see § 180-107).

[Added 10-23-2012 by Ord. No. 2012-2]

Tower-based WCF in ROW.

[Added 6-13-2017 by Ord. No. 2017-2]

Tower-based WCF out of ROW 40 feet in height or less.

[Added 6-13-2017 by Ord. No. 2017-2]

Oil and gas well (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Standards for approval of a planned business development. To ensure that the intent and requirements of this district are complied with, review and approval of a planned business development shall be required to be processed as a conditional use application.

Minimum tract size of 10 acres where a tract is a minimum area of land before further subdivision into smaller lots may be permitted. A tract shall only include areas of land under single ownership. If more than one person, entity or corporation is involved as the landowner, such applicant for conditional use approval shall submit evidence to the Township Board of Supervisors showing that there is a legally binding commitment between or among such entities, persons, or corporations to coordinate the access and development of the tract. All land area within a tract shall be contiguous. Separation by streets, roadways, etc., shall not be permitted. Only areas within Lehigh Township shall be considered to be within a tract for purposes of calculation of tract size. The land area of a tract shall be exclusive of all rights-of-way of existing and proposed streets and other areas required to be reserved for common uses, etc.

Conditional use application. The conditional use application shall be submitted and processed as required by § 180-128 of this chapter, with the following additions:

In addition to the items listed in § 180-128B(3), proposed lots, each of which shall conform fully to the minimum lot standards, shall be shown to scale, with the area of each lot accurate to the nearest one-hundredth of an acre.

In addition to the information required in § 180-128B(4), the applicant shall also present information on the types of tenants or uses that are intended or expected in different portions of the planned business development.

The applicant shall demonstrate, to the satisfaction of the members of the Board of Supervisors, that access to the proposed planned business development is coordinated with other lands within this zone as well as adjoining lands outside of this zone.

The applicant shall demonstrate that careful consideration has been given to open space and landscaping throughout the planned business development. The plan for open space and landscaping approved by the Board of Supervisors may be carried out through a series of deed restrictions to be imposed upon the proposed lots.

Access to arterial and major collector roadways. Each planned business development shall make maximum use of interior streets. Deed restrictions shall be placed on each newly created lot which abuts an arterial or major collector street prohibiting direct access from the lot to the abutting arterial or major collector roadway.

Access other than to arterial and major collector roadways. Based upon reviews from the Commonwealth of Pennsylvania Department of Transportation (for access to state highways), the Township Comprehensive Plan and reviews by the Planning Commission, Police Chief and Township Engineer, the Board of Supervisors may require that a planned business development not have any direct access that that would involve left turns onto and off any street (except at an intersection planned for or with an existing traffic signal) if reasonable access could be provided which would preclude such movements, except from newly proposed streets within the planned business development.

Staged construction. If development is to occur in progressive stages, each stage shall be planned and occur so that the purposes and requirements of this chapter are fully complied with at the completion of each stage. Each stage shall be clearly delineated on the plan submitted for conditional use consideration.

(h)

Each lot proposed to be created within a planned business development shall comply fully with all design standards of this zone.

(i)

Paved area setbacks. The paved area setbacks required by this section shall be maintained in grass or other appropriate natural ground cover and shall not be covered with impervious surfaces, except for approved approximately perpendicular driveways and access drives and any sidewalks less than six feet in width. Stormwater control facilities that are not impervious may be located within this setback area. No fence shall be constructed within the setback area. Paved areas of lots on which one acre or less of total impervious coverage is proposed shall be set back a minimum of 25 feet from the right-of-way line of all streets. For lots with greater than one acre of total impervious area proposed, the setback shall be 35 feet from the right-of-way line of all streets. Additionally, all paved areas, except concrete sidewalks, shall be set back a minimum of 10 feet from the exterior structural walls of each building. This setback is intended to provide sufficient area for fire fighting, sidewalks, and foundation landscaping.

(j)

Information on covenants. A planned business development shall include a reasonable set of deed restrictions or covenants imposed by the developer on each lot. These covenants shall cover (at a minimum) types of uses, maintenance of lots and industrial operations, with a proper means of enforcement. The covenants shall also be written to carry out the purposes and requirements of a planned business development. The language of these covenants shall be presented for review and comment by the Township Solicitor and approval by the Board of Supervisors before a conditional use application for a proposed business development is approved. These covenants shall not be revised or revoked following approval of a planned business development without subsequent review and comment from the Township Solicitor and approval by the Board of Supervisors.

Loading docks. Loading docks that will serve three or more trucks shall be located to the side or rear of all new buildings. All loading docks shall be visually screened to minimize their visibility from dwellings and public streets.

Design standards.

[Amended 6-14-2011 by Ord. No. 2011-1; 8-28-2018 by Ord. No. 2018-6]

					Minimum Yard Setbacks (feet)
Use	Min. Lot Area (acres)	Min. Lot Width (feet)	Max. Lot Max. Building Coverage (percent)	Height (feet)	Front	One Side	Both Sides	Rear	Special
All principal uses except as listed below	2	200	65%	45	50	20¹	50	30	See Note 2
Public uses utility structures	No minimum or maximum criteria for lot area, lot width, lot and public coverage, building height, or yard setbacks for this use
Accessory uses	N/A	N/A	N/A	20	Not permitted in front yard	10		20
Oil and gas activities	1

NOTES:

¹Side yard setbacks are 20 feet each, total 50 feet, except that side yard with abutting street is 50 feet, total 70 feet.

²Special setback requirements. Minimum setback from the lot line of any dwelling and from any residential or agricultural zone boundary is 150 feet. Such area may be used for private vehicle parking but may not be used for parking of commercial vehicles.

§ 180-22 Industrial Zone (I).

Purpose. This zone provides for a wide range of industrial activities that contribute to the well-being of the Township by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the start-up industries that are likely to emerge; however, larger and heavier industries have also been permitted. This zone provides for light industrial uses as permitted by right but requires obtaining a conditional use for heavier and potentially more objectionable types of industrial uses. These areas have been located along major roads. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.

Permitted uses:

Agricultural support businesses, including:

Facilities for the commercial processing and warehousing of agricultural products;

Facilities for the warehousing, sale, and service of agricultural equipment, vehicles, feed, or supplies; and

Veterinary offices, animal hospitals, or kennels;

Agriculture, subject to the standards listed in § 180-16 of this chapter, but excluding any dwelling;

Automobile sales;

Automobile servicing;

Car washes;

Commercial forestry;

Laboratories for medical, scientific, or industrial research and development;

Machine shops;

Manufacturing, packaging, storage and/or wholesaling of the following:

Brushes, brooms, and combs;

Cosmetics, toiletries, and pharmaceuticals;

Finished textile products;

Furniture, cabinets, fixtures, office supplies, floor and ceiling materials, and other household appointments;

Hardware and software for audio-video components, computers, vending machines, electronic equipment, and video games;

Hot tubs, spas, saunas, and swimming pools;

Jewelry and other precious metals;

(h)

Musical instruments and sporting equipment;

(i)

Optical, dental, and medical supplies and equipment;

(j)

Photographic, lighting and timekeeping equipment;

(k)

Scientific, specialized and technical instruments and equipment;

(l)

Small household appliances, but excluding major appliances; and

(m)

Small or novelty products from prepared materials, but excluding the use of sheet metals;

Offices;

Photocopying, bookbinding, printing, and publishing operations;

Processing, packaging, storage and/or wholesaling of food products, but excluding:

Breweries and distilleries;

Pickling processes;

Rendering or slaughtering operations; and

Sugar refineries;

Public uses and public utility structures;

Repair shops for products permitted to be manufactured in this zone;

Sale, storage and/or wholesaling of the following, provided that the site is set back no less than 500 feet from the closest residentially zoned property:

Contractor supplies;

Home- and auto-related fuels;

Nursery and garden materials and stock; and

Plumbing, heating, air-conditioning, electrical, and other structural components of buildings;

Sign makers;

Small engine repair shops;

Welding shops;

Accessory uses customarily incidental to the above permitted uses, including accessory retail sales of products produced on site so long as the sales area is no more than 10% of the total building area or 3,000 square feet, whichever is less; and

Accessory solar energy system.

[Added 10-23-2012 by Ord. No. 2012-2]

Group home (see § 180-77).

[Added 10-14-2014 by Ord. No. 2014-4]

WCF on existing structure.

[Added 6-13-2017 by Ord. No. 2017-2]

(23)

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

(24)

O&G meter/gathering facility (minor) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

(25)

O&G meter/gathering facility (major) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

(26)

Oil and gas pipelines (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Special exception uses (subject to the review procedures and requirements listed in § 180-119C of this chapter):

Adult-related facilities (see § 180-56).

Automobile/salvage facilities (see § 180-61).

Billboards (see § 180-63).

Commercial day-care facilities (see § 180-68).

Commercial stockyards, concentrated animal feeding operations and/or feedlots (see § 180-70).

[Amended 4-27-2010 by Ord. No. 2010-4]

Communication antennas, towers and equipment (see § 180-71).

(Reserved)[1]

Editor’s Note: Former Subsection C(7), which listed group homes as a special exception, was repealed 10-14-2014 by Ord. No. 2014-4. See now Subsection B(21).

Heavy equipment sales, service, and/or repair, such as excavation machinery, commercial trucks, buses, farm equipment, mobile homes, trailers, and other similar machinery (see § 180-79).

Heavy industrial uses involving processing, packaging, production, repair or testing of materials, goods, and products, including those industries performing conversion, assembly, or nontoxic chemical operations (see § 180-80).

Home occupations, only in conjunction with residences lawfully established prior to the date of adoption of this chapter (see § 180-82).

Intermediate care facility and ICF/MR (see § 180-84).

Mini warehouses (see § 180-88).

Off-track betting parlors (see § 180-91).

Personal care facilities (see § 180-92).

Principal waste handling facilities (see § 180-93).

Recycling facilities for paper, plastic, glass and metal products (see § 180-95).

Slaughtering, processing, rendering, and packaging of food products and their by-products (see § 180-99).

Truck or motor freight terminals (see § 180-102).

Truck stops (see § 108-103).

Wholesale produce and tobacco auctions (see § 180-106).[2]

Editor's Note: Former Subsection C(20), Warehousing and wholesale trade establishments, was repealed 3-13-2018 by Ord. No. 2018-3. This ordinance also redesignated former Subsection C(21) through (24) as Subsection C(20) through (23), respectively.

Academic clinical research centers, with consideration for the applicable performance standards in § 180-85.1D(1).

[Added 6-27-2017 by Ord. No. 2017-3]

Medical marijuana grower/processors, with consideration for the applicable performance standards in § 180-85.1D(2).

[Added 6-27-2017 by Ord. No. 2017-3]

(23)

Medical marijuana transport vehicle offices, with consideration for the applicable performance standards in § 180-85.1D(3).

[Added 6-27-2017 by Ord. No. 2017-3]

Conditional uses (subject to the review procedures and requirements listed in § 180-128 of this chapter):

Mineral extraction (see § 180-87).

Principal solar energy systems (see § 180-107).

[Added 10-23-2012 by Ord. No. 2012-2]

Tower-based WCF in ROW.

[Added 6-13-2017 by Ord. No. 2017-2]

Tower-based WCF out of ROW 40 feet in height or less.

[Added 6-13-2017 by Ord. No. 2017-2]

Tower-based WCF out of ROW greater than 40 feet.

[Added 6-13-2017 by Ord. No. 2017-2]

Warehousing and wholesale trade establishments.

[Added 3-13-2018 by Ord. No. 2018-3]

Oil and gas compressor station (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas processing facility (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas well (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Design requirements (principal and accessory uses).

Lot area, lot width, lot coverage, and building height:

[Amended 8-28-2018 by Ord. No. 2018-6]

Uses	Required Utilities	Minimum Lot Area (square feet)	Minimum Lot Width (feet)	Maximum Building Coverage (percent)	Maximum Building Height (feet)
Public uses and public utility structures	N/A	No minimum lot area or lot width or maximum building coverage or building height for this use
All other uses	Public water and sewer	30,000	100	50%	50
All other uses	Either private water or sewer	43,560	140	40%	50
Oil and gas activities		1 acre

Minimum setback requirements (principal and accessory uses). There are no minimum setback requirements for public uses or public utility structures.

Front yard setback:

	Use	Required Front Yard Setback (feet)
	Buildings and structures, excluding signs	50
	Off-street parking (including aisles)	30
	Off-street loading	Not permitted in front yard
	Permitted freestanding signs	10
	Outdoor storage areas	Not permitted in front yard
	Outdoor display areas	50

Side yard setbacks. All buildings and structures shall be set back at least 10 feet from the side lot lines. Off-street parking lots and loading areas shall be set back at least 15 feet from the side lot lines, unless joint parking and/or loading facilities are shared by adjoining lots. In such instances, the side yard setbacks can be waived along those lot lines over which traffic from the joint parking and/or loading facilities must pass.

Building separation setbacks. For multiple buildings contained on the same lot there shall be provided a minimum of 25 feet between the closest points of such buildings.

Residential buffer strip. Any lot adjoining land containing a residence or adjoining land within a residential zone shall maintain setback between buildings, structures, off-street parking lots and loading areas and the residential use or residentially zoned parcels. Such areas shall be of such width and planted with a dense evergreen buffer in accordance with the requirements of § 180-33 of this chapter.

Screening. Screening must be provided along any adjoining lands with an established residential use and all residentially zoned parcels.

Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.

All uses permitted within this zone shall also comply with the requirements of Articles III and IV of this chapter. In addition, all uses permitted by special exception or conditional use shall also comply with the requirements of Article V, Specific Criteria, of this chapter. In any case of conflict among the requirements of this article, Article III, Article IV and/or Article V, the most stringent requirement for the specific use shall apply.

§ 180-23 Blue Mountain Conservation Zone (BMC).

Purpose. The purpose of this zone is to protect the scenic, recreational, and environmental resources of Blue Mountain, to protect and preserve natural resources in the Township, and to provide for the orderly development of the Township. The predominant land uses in the zone are forest land, state game land, and other open space uses. The regulations for this zone are designed to protect these land uses.

Permitted uses:

Agriculture, including one single-family detached dwelling contained on the site, but excluding commercial livestock operations.

Horticulture and commercial forestry related uses.

Public and nonprofit parks and playgrounds.

Public uses and public utility structures.

Single-family detached dwellings.

Single-family detached dwellings to be constructed on flag lots, subject to the standards of § 180-31 of this chapter.

Accessory uses customarily incidental to the above permitted uses, including but not necessary limited to the following:

Roadside stands, as an accessory use to a farm, for the sale of agricultural products, subject to the following:

Any structure used to display such goods shall not exceed 2,000 square feet in size and shall be located at least 25 feet from any property line;

At least half of the products displayed for sale must have been produced on the premises;

Off-street parking shall be provided for all employees and customers; and

Manure storage facilities, as an accessory use to a farm, subject to the following regulations:

Construction and subsequent operation of the waste storage facility shall be in accordance with the permit and the approved design. Each design change during construction or subsequent operation will require that the applicant obtain another review by the Northampton County Conservation District.

Beekeeping, on any farm within the zone, subject to the following:

The applicant shall obtain a zoning permit from the Zoning Officer;

It shall be the duty of the applicant to maintain each colony so as not to create a public nuisance;

Colonies shall be maintained in movable frame hives;

All beehives shall be maintained in a healthy condition using locally approved beekeeping management procedures;

All hives shall be at least 50 feet from a public road, or shall have a minimum five-foot-high fence or vegetative obstruction between the apiary and the road, or shall be elevated above the roadway so as to direct bee flight above traffic or pedestrians;

There shall be a source of water within 1/2 mile of the apiary; and

[7]

New apiaries of 10 hives or more shall not be established within 150 feet of any property line.

Accessory solar energy system.

[Added 10-23-2012 by Ord. No. 2012-2]

Group home (see § 180-77).

[Added 10-14-2014 by Ord. No. 2014-4]

WCF on existing structure.

[Added 6-13-2017 by Ord. No. 2017-2]

Eligible facilities request.

[Added 6-13-2017 by Ord. No. 2017-2]

O&G meter/gathering facility (minor) (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Oil and gas pipelines (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Special exception uses (subject to the review procedures and requirements listed in § 180-119C of this chapter):

(Reserved)[1]

Editor’s Note: Former Subsection C(1), which listed group homes as a special exception, was repealed 10-14-2014 by Ord. No. 2014-4. See now Subsection B(9).

Intermediate care facility and ICF/MR (see § 180-84).

Personal care facilities (see § 180-92).

Stables and kennels (see § 180-100).

Conditional uses (subject to the review procedures listed in § 180-128 of this chapter):

Communication towers, antennas, and equipment (see § 180-71).

Principal solar energy systems (see § 180-107).

[Added 10-23-2012 by Ord. No. 2012-2]

Tower-based WCF in ROW.

[Added 6-13-2017 by Ord. No. 2017-2]

Tower-based WCF out of ROW 40 feet in height or less.

[Added 6-13-2017 by Ord. No. 2017-2]

Tower-based WCF out of ROW greater than 40 feet.

[Added 6-13-2017 by Ord. No. 2017-2]

Oil and gas well (see § 180-107.1).

[Added 8-28-2018 by Ord. No. 2018-6]

Design standards (principal and accessory uses).

Minimum lot area requirements: 10 acres, except that there shall be no minimum lot area requirements for public uses or public utility structures.

Minimum lot width: 400 feet, except that there shall be no minimum lot width requirement for public uses or public utility structures.

Minimum lot depth: 800 feet, except that there shall be no minimum lot depth requirement for public uses or public utility structures.

Maximum lot coverage: 3%, except there shall be no maximum lot coverage requirement for public uses or public utility structures.

Minimum setback requirements (principal and accessory uses). There shall be no minimum setback requirements for public uses or public utility structures.

Front yard setback: 50 feet.

Side yard setback, each side yard: 50 feet, total 100 feet.

Rear yard setback: 50 feet.

From state game lands: all structures, any portion of which is habitable, shall be set back a minimum of 225 feet from the boundary of any state games lands.

Maximum permitted height: 35 feet, except there shall be no maximum permitted height for public uses or public utility structures.