Township of South Whitehall, PA Article 4 Zoning Use Regulations

§ 350-41 (Reserved) [1]

[1] Editor's Note: Former § 350-41, Classifications, definitions and limitations of uses, was repealed 3-20-2019 by Ord. No. 1044.

§ 350-42 General provisions for all uses and buildings.

(a) Accessory uses and structures.

(1) Accessory uses or buildings shall observe the front yard setbacks required for the principal use and/or building, unless otherwise specified in § 350-24(c).

(2) An accessory building or portion thereof that is attached to the principal building shall be considered as an integral part of said principal building and not as an accessory building.

(3) Accessory uses and buildings shall not be located between the principal use and/or building and the street, except where:

(A) The lot is a minimum of three acres in area;

(B) The principal building is set back at least 150 feet from the ultimate street right-of-way;

(C) The accessory use or building shall be set back at least 75 feet from the ultimate street right-of-way;

(D) The accessory use or building shall be screened from the street in accordance with § 350-42(b) or comparably screened by existing vegetation or a combination thereof; and

(E) As may be otherwise specifically permitted by other provisions of this chapter.

(4) For dual-frontage lots, accessory uses are permitted in the yard exposure of the second parallel street (yard exposure opposite the vehicular access to the lot) if:

(A) The entire frontage of that second parallel street is buffered, at a minimum, at a fifteen-foot width and meeting the requirements of § 350-42(b); and

(B) The accessory uses or buildings within that yard shall not exceed a height of 12 feet.

(5) If the lot is bounded by more than one street in such a fashion as to eliminate all side and rear yards or so as to leave side yards with insufficient space to accommodate accessory uses or buildings, the Zoning Hearing Board may designate a yard abutting a street for the location of an accessory use or building taking into account the impact upon adjacent properties, the nature of abutting streets, and the existence of similar uses or buildings in the neighborhood.

(6) An accessory use or structure shall not be permitted to exist unless the principal use exists on the same lot or an adjacent lot under common ownership except as may be permitted for parking in § 350-48(o)(2) and for signs in § 350-48(s)(10).[1]

[1] Editor's Note: Former Subsection (a)(7), regarding personal storage units, which immediately followed this section, was repealed 3-20-2019 by Ord. No. 1044.

(b) Buffer strips.

(1) In general, between dissimilar types of uses (i.e., residential, commercial, industrial, or institutional), a minimum fifteen-foot-wide buffer strip shall be established and maintained along all lot lines which are not along public street right-of-way lines (including limited access highways) for all uses except single detached dwelling unit dwellings, two-unit dwellings, three-flats, and townhouses.

(2) When two adjacent lots are required to provide a buffer strip along the same lot line, a combined buffer strip with a total width not less than the minimum width of the largest buffer strip specified for the lots by other sections of this chapter may be provided. At least 1/2 of the width required for the combined buffer strip shall be provided on each of the adjacent lots.

(3) Buffer strip requirements may be modified by the Zoning Hearing Board as a special exception when it is established that, due to topography or the similarity and/or coordination of adjacent uses, no useful purpose would be served by the buffer strip.

(4) Screening requirements.

(A) Screening shall be provided and maintained within the buffer strip, and as a minimum shall consist of either:

(i) Dense hedges of deciduous and at least 50% evergreen shrubbery. Plants shall be maintained at a minimum of five feet in height above adjacent grade.

(ii) A fence:

[1] At least 70% solid;

[2] Uniformly colored or of a naturally durable material such as cedar, cypress or redwood;

[3] Not less than five feet tall and not more than 12 inches above grade;

[4] With evergreen plantings:

[a] Maintained to the exterior of the fence and within three feet of the fence;

[b] Spaced no more than four feet on center; and

[c] A minimum height of three feet above adjacent grade.

(B) Screening as provided in Subsection (b)(4)(A) above shall be required to screen any outdoor storage of material, finished or partly finished goods, dumpsters, unhitched tractor-trailer trailers not parked at loading docks or in loading zones, shipping containers, ground-mounted air conditioning units, electrical transformers, generators or other like-type equipment and similar fixtures which are greater than four feet in any one dimension, when permitted by other provisions of this chapter, from view from adjacent residential properties or from public streets. However, motor vehicle sales facilities shall be permitted a display area free of a buffer strip between the display area and the public street.

(C) Existing natural vegetation a minimum of five feet in height may be substituted for a required buffer strip if the area of natural vegetation is at least 30 feet in depth between the uses to be buffered.

(c) Drive-through queuing.

(1) Drive-throughs, as customary ancillary uses for a number of nonresidential uses, shall be required to provide a minimum number of vehicle stacking spaces for waiting vehicles based on 18 linear feet per vehicle as measured from the point an order or instructions are first given. Such spaces may be divided into several lanes where more than one drive-through lane is available. Stacking spaces shall not count toward the otherwise required parking spaces.

(A) Retail and personal service uses: 3.0 stacking spaces.

(B) All others: 6.0 stacking spaces.

(d) Driveways.

(1) Driveways. Except during construction, logging, mining or agricultural activities, or otherwise permitted within this chapter, the use and operation, including parking or storage, of any motor vehicle, the use and operation of which requires a license for either the vehicle or the operator, on private property shall be restricted to areas conforming with the requirements of § 350-48(f)(3), § 350-42(r), § 350-48(o)(2) or within an enclosed building or structure.

[Amended 3-20-2019 by Ord. No. 1044]

(2) Driveways. Unless otherwise served by a private street, nonresidential uses or three or fewer residential dwelling units are served by driveways. Driveways shall be constructed to the driveway standards of the Township Subdivision and Land Development Regulations[2] or to an alternate standard approved by the Board of Commissioners.

[2] Editor's Note: See Ch. 312, Subdivision and Land Development.

(3) Paving, maintenance and drainage. All driveways, except where the land is being used for agricultural, horticultural, nursing, including raising and keeping of farm animals, or as provided in § 350-48(o)(4), shall be paved with a hard surface such as asphalt, portland cement concrete, or hard surface treatments approved by the Township Engineer, and required to be maintained at least annually. Residential driveways shall be paved if 50 feet or less in length or paved for a minimum of 50 feet from the edge of cartway of the intersecting public street or private street if greater than 50 feet in length. All driveways, regardless of surface, shall be properly graded, drained and constructed with adequate provisions satisfactory to the Township.

(4) Location and width of all driveways.

(A) The width of driveways for single detached dwelling units, two-flat dwellings, and each attached dwelling unit (i.e., fee simple twins and townhouses, staying consistent with how defined in § 350-48) shall not exceed 20 feet at the street right-of-way line. The centerline of these driveways at the legal right-of-way line shall not be closer to the centerline of the nearest street intersection than the distances permitted by the appropriate section within the Subdivision and Land Development Ordinance.[3]

[Amended 3-20-2019 by Ord. No. 1044]

[3] Editor's Note: See Ch. 312, Subdivision and Land Development.

(B) With respect to all driveways not included in Subsection (d)(4)(A) above, the distance from the centerline of the driveway to the centerline of the intersection shall be at least:

(i) Except in a Neighborhood-Commercial District, 150 feet if both streets at the intersection are local streets; 200 feet if one of the streets at the intersection is a collector street and the other is a collector street or a local street; 300 feet if either street at the intersection is an arterial street.

(ii) In a Neighborhood-Commercial District 100 feet.

(C) Except driveways included in Subsection (d)(4)(A) above, no driveway shall be closer to another driveway at the curbline than 100 feet. If the frontage of the lot or tract is greater than 300 feet, centerlines of driveways on the same tract shall be no closer to each other than 250 feet at the curbline, with the offset being measured between centerlines. If the right-of-way onto which the driveway enters or exits is under PennDOT jurisdiction, the above-mentioned requirements shall not be applicable and, instead, the applicable PennDOT regulations shall apply.

(D) A driveway that serves a nonresidential use or building shall not be closer to the lot line of a residential use or a lot line in or bordering a residential district than 25 feet.

(E) No driveway serving common parking area(s) for more than 10 dwelling units shall be closer to the lot line and/or a building than 20 feet.

(5) Illumination of driveways. Driveways shall be illuminated in accordance with § 350-42(i).

(e) Fences and retaining walls.

(1) Permit required. Any fence or wall four feet or taller, except fences for agricultural purposes, shall be subject to the Zoning Officer's issuance of a zoning permit therefor, or his approved notation therefor, upon a previously issued and still valid zoning permit for the premises. All such permitted fences shall be installed such that the side closest to an adjoining property be finished.

(2) Setbacks. Fences may be placed up to the property line.

(3) Maximum height.

(A) Fences more than 30% solid shall not be taller than six feet. Open wire mesh fences and fences less than 30% solid shall not be taller than 10 feet.

(B) Retaining walls may not be taller than six feet above the uphill (retained side) of the adjacent ground.

(4) Prohibited fences. The following fences and fencing materials are prohibited:

(A) Barbed wire except that surmounting a "man-proof" fence and at least six feet above ground level except in rural, residential and agricultural districts or where land is being used for agricultural, horticultural, or nursery uses, including raising and keeping of farm animals.

(B) Fabric.

(C) Electrically charged fences except as permitted in Subsection (e)(4)(A) above.

(D) Broken glass surmounting a wall.

(E) Junk including but not limited to discarded vehicles (such as automobiles, trucks, busses, trailers, etc.), appliances (such as refrigerators, washers, dryers, etc.), assembled or partially assembled materials (such as tanks, construction materials, bales, barrels, etc.), and/or raw materials (such as stone, cement, sand, mineral ore, coal, wood, dirt, etc., except those used for the construction of a permanent dyke, dam or berm).

(F) No fence shall be erected within any South Whitehall Township utility or drainage easement, unless approved by the Board of Commissioners.

(5) Exempt fences and walls. Temporary fences and walls such as snow fences, fences or barriers around construction sites and construction shoring which are not to stand more than one year are exempt from the permit and height requirements of Subsection (e)(1), (2) and (3) above.

(f) Floodplain and stream setback requirements. All land located in floodplain areas, as shown on the most recent Flood Insurance Rate Map, shall be subject to the requirements of the Township Floodplain Ordinance.

(g) Frontage on public streets. No use shall be created nor any building occupied unless the lot or tract on which it is situated has frontage upon a public street improved to Township standards or duly accepted by the Township, or private street.

(1) While construction is permitted prior to the completion of street improvements, building permits shall not be issued until there is assurance and security satisfactory to the Township that such street improvements will be completed prior to the creation of a use or occupancy of the building(s).

(h) Height exceptions. When otherwise listed or interpreted as a permitted use in this Chapter, certain buildings, structures or portions thereof may, under certain conditions, exceed the height limitation established in the Zoning District Schedules of § 350-24(c):

[Amended 9-6-2023 by Ord. No. 1079]

(1) Permitted exceptions.

(A) Incinerator, chimney, vent pipe, antenna, public utility structure, commercial radio and/or T.V. transmission tower, water tank, cupola, clock tower, dormer, spire, belfry, steeple, minaret, enclosure for service equipment, elevator bulkhead, stage tower, scenery loft, or other similar features not otherwise regulated under this Chapter. For the purposes of this Subsection (h), Height exceptions, these permitted exceptions shall be known as "appurtenances."

(B) Such appurtenances shall not be places intended primarily for human occupancy; they are to be unoccupied or occupied only occasionally and for short periods of time, typically for the maintenance of the structure or equipment therein.

(2) Zoning Officer approval of height exceptions.

(A) The Zoning Officer may approve exceptions to the maximum height of building/structure permitted in § 350-24(c) ("Maximum permitted height") for the appurtenances listed in Subsection (h)(1) above under the following conditions:

(i) When attached to an existing or proposed building, the width of the appurtenance(s) exceeding the height limitation as measured at the maximum permitted height shall not cumulatively exceed 25% of the width of the existing or proposed building as measured at grade, and the depth of the appurtenance(s) exceeding the height limitation as measured at the maximum permitted height shall not cumulatively exceed 25% of the depth of the existing or proposed building as measured at grade. Should the building be divided by a property line, the requirements of this subsection apply only to the part of the building on the same property as the appurtenance in question.

(ii) When attached to an existing or proposed building, and not otherwise permitted as an accessory use, the height of the appurtenances shall not exceed 140% of the maximum permitted height permitted in § 350-24(c), as measured in accordance with the definition of height in § 350-05(d).

(iii) All portions of the appurtenances that exceed the maximum permitted height shall be set back from any property line the distance equal to the height at that spot on the appurtenance. Should the use category (commercial, industrial, residential, etc.) of the building or structure to which the appurtenance is attached be dissimilar to the use category of a use on an adjoining property, the above-mentioned setback shall be doubled with regard to that adjoining property.

(3) It is the intent of this section to control the height of buildings and structures, not only to fulfill the general purpose of § 350-02, but to also comply with Act 164, 1984, Pennsylvania State Legislature, amending Act 161, 1980, amending the Airport Zoning Law of 1945 (2 P.S. 1550), and Federal Aviation Regulation Part 77.

(i) Illumination of private streets and driveways. The intent of the following requirements is to limit the effects of sky glow, limit the intensity of illumination on adjoining properties, and to limit the direct view of the lamp source from adjoining properties. Adequate shielding shall be provided to protect adjacent residential properties from the glare of such illumination. Designs other than those meeting the specific requirements outlined below will be considered, such as indirect lighting of exterior canopies, as long as the design intent is maintained.

(1) All private streets and driveways, except for those servicing three or fewer dwelling units, shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation.

(2) Lighting fixtures shall meet the standard established in the latest edition of the Illuminating Engineering Society (IES) Handbook for full cutoff design. No fixtures with exposed lamps or candlepower distribution above the level established in the IES handbook for full cutoff-design shall be permitted. This requirement applies to pole-mounted and wall-mounted luminaries.

(3) Illumination levels and design for private streets and driveways shall meet the requirements established in the latest edition of the IES Handbook.

(4) Luminaire mounting height, defined as the height above grade to the bottom of the fixture, shall not exceed 20 feet zero inches in areas where the fixture is within 300 feet of a residential property. The height shall not exceed 30 feet zero inches in all other areas, except those specifically allowed for illumination of recreation fields.

(5) Submissions to the Township Engineer for review and recommendation, and approval by the Township, shall include a general layout of the site indicating parking and drive areas, locations of all lighting fixtures, either isofootcandle curve layouts or point-by-point level indication, catalog information for the fixture and pole used, mounting heights for fixtures, and a foundation detail for the pole. The site plan shall also define the surrounding properties indicating the zoning designation. In order to determine that spill light does not exceed the level indicated in Subsection (i)(6), the calculation grid for illumination levels shall extend sufficiently into surrounding properties.

(6) The illumination level shall not exceed 0.5 horizontal footcandle on any adjoining lot that is residentially zoned or contains a residential use.

(7) It shall be noted that additional approval by the Pennsylvania Power and Light (PPL) is required for PPL installation, but Township approval shall not be contingent upon approval by PPL.

(j) Impervious surfaces in excess of 10,000 square feet in the aggregate.

(1) Impervious surfaces in excess of 10,000 square feet in the aggregate are subject to engineering review and recommendation by the Township Engineer, and approval by the Township, in accordance with all necessary fees and escrows as may be required by resolution, as amended from time to time. The pre-development condition of the lot, as well as the proposed additional impervious surface, shall be considered in determining the total amount of impervious surface.

(k) Lots abutting more than one street.

(1) All uses and buildings shall observe the front setbacks and yard requirements along each street that the lot abuts. The remaining yards not abutting a street shall observe the setbacks and yard requirements specified for side yards, except for the following:

(A) If the lot abuts a limited access highway such as the Pennsylvania Turnpike, Route 22, 1-78 or Route 309 and said lot also fronts on another street, yards abutting the limited access portion of such highway shall be considered to be side or rear yards, whichever is appropriate when applying the setback and yard requirements of this chapter.

(B) An end dwelling unit of a group of twins or townhouses, where the yard abutting the rear yard of the abutting unit shall be designated as a rear yard for setback purposes.

(l) Measurements.

(1) Frontage on cul-de-sac lots. Due to the unique configuration of cul-de-sac lots, the minimum frontage requirement may be satisfied at the standard front building or use setback line, provided the length of the right-of-way line equals at least 60% of the required frontage.

(2) Limit on front setback. The provisions of this chapter shall not require a single detached dwelling unit or a two-unit dwelling to have a front yard setback that is more than 10 feet deeper than the front yard setback of an existing building on an adjacent lot, where any portion of such building is within 100 feet of the proposed dwelling. In such cases, the front yard setback may be equal to that of the adjacent building or a minimum of five feet from the right-of-way, whichever is greater.

(m) Mobile homes.

(1) Parking outside of a mobile home park.

(A) Not more than one mobile home may be parked at the same time on any single premises other than an approved mobile home park. Parking of mobile homes shall observe the yard requirements for an accessory building.

(B) No mobile home shall be parked in any district outside an approved mobile home park for more than 48 hours except upon special permission issued by the Zoning Officer. Such permit shall be issued for a period not exceeding 30 days and shall not be renewable within the same calendar year.

(C) No mobile home shall be parked on the street more than 48 hours.

(2) Use as a temporary facility. As an exception to Subsection (m)(1)(B) above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants as a temporary facility during construction of the permanent facility thereon, for a period not exceeding 180 days, and shall be renewable for an additional period not exceeding 180 days. However, if material progress with construction work ceases for a consecutive period of 45 days, such permit shall become void.

(n) Municipal uses and structures. The requirements of this chapter shall not apply to uses or structures owned or operated by the Township or the South Whitehall Township Authority, that are intended for a legitimate governmental or public health and safety purpose.

(o) Ownership and responsibility. All land and the improvements thereon shall be owned, maintained and be the responsibility of private individuals, group of individuals and/or organizations or individuals and the heirs or assigns thereof unless said land or improvements have been offered to and accepted by the Board of Commissioners of South Whitehall Township. No land and/or improvements thereon shall be abandoned to the Township. Land and/or improvements thereon, in whole or in part, may be held in common ownership provided legal instruments satisfactory to the Township and binding on the parties thereto, are established for the perpetual care and maintenance of same.

(p) Permitted encroachments into required yards.

(1) The following fixtures, which individually constitute less than 10% of the length of the face of the building to which they are attached, or 30 feet, whichever is less, may project into any required yard a maximum of seven feet: steps, fire escapes, stoops, open porches, chimneys, exterior air conditioning units, electrical transformers, generators or other like-type equipment and similar fixtures.

(2) Enclosed porches and patios with footers shall be considered part of the principal building and shall not project into any required yards.

(3) For residential uses, floating slab patios and decks may extend into the required rear yard for a distance equal to or less than 50% of the required rear yard for the principal residential structure. Such patio or deck shall not be placed within a Township or Township Board of Authority utility easement. For purposes of this section, a balcony shall abide by the same setbacks as a deck, and decks associated with a residential swimming pool shall be considered part of the pool and meet all setbacks for the residential swimming pool as listed in the § 350-24(c) District Schedule.

(4) The following shall not be prohibited in any required yard (front, side or rear): fences and walls as provided in § 350-42(e), landscaping/vegetation, walkways, and driveways, except driveways remain subject to the regulations in § 350-42(d).

(5) Structures for handicapped accessibility. Structures intended to provide accessibility to handicapped persons, when retrofitted to a principal or accessory structure, shall be exempt from the setback requirements of that structure whenever it is not physically possible, or is unduly financially burdensome, to comply.

(q) Pets. For purposes of administering this section, "housing" shall include structure(s), outdoor runs, or outdoor areas in which the pets are sheltered and/or kept. Small pets which are sheltered, fed and exercised within cages or containers and not permitted to move freely within the dwelling, building or structure, such as but not limited to domesticated rodents, fish, reptiles, and some birds, are excluded from the provisions of this section. Unless otherwise specified, the requirements of this section refer to the keeping of pets for noncommercial uses.

(1) Standard house pets.

(A) Housing of as many as six house pets over three months old within a dwelling unit is permitted.

(2) Standard pets other than standard house pets.

(A) Housing of as many as four standard pets over three months old shall not be within the front yard and shall be no closer than four feet to a lot line and not closer than 20 feet to a dwelling on an adjoining premises.

(B) Housing of as many as five but not more than eight standard pets over three months old shall not be within the front yard and shall be no closer than 100 feet to a lot line and not closer than 200 feet to a dwelling on an adjoining premises.

(C) Housing of as many as nine standard pets but not more than 12 pets more than three months old shall not be within the front yard and shall be no closer than 200 feet to a lot line and not closer than 400 feet to a dwelling on an adjoining premises.

(D) Housing of more than 12 pets more than three months old, as well as the establishment of a commercial kennel, shall be subject to the requirements of Subsection (g)(2)(C) above and shall be subject to special exception review by the Zoning Hearing Board.

(3) Nonstandard pets.

(A) Chickens (hens only).

(i) The keeping of up to four such animals is permitted on a lot.

(ii) The lot shall contain a single detached dwelling unit residence and be located in one of the following districts: the RR-3, RR-2, or R-R Rural Residential and Agriculture.

(iii) When outdoors, such animals shall be contained in an enclosed structure, a fenced area or run or a combination thereof. The containment area and/or structure shall not be permitted in the front yard and shall be set back at least 10 feet from rear and side yard lot lines, and be at least 100 feet from a dwelling on another property.

(r) Private streets.

(1) Driveways. Except during construction, logging, mining or agricultural activities, or otherwise permitted within this chapter, the use and operation, including parking or storage, of any motor vehicle, the use and operation of which requires a license for either the vehicle or the operator, on private property shall be restricted to areas conforming with the requirements of § 350-48(f)(3), § 350-42(r), § 350-48(o)(2) or within an enclosed building or structure.

[Amended 3-20-2019 by Ord. No. 1044]

(2) When used in lieu of public streets and with approval of the Board of Commissioners, private streets shall be provided to serve more than three residential dwelling units, but may be provided to serve three or fewer residential dwelling units. Private streets shall be constructed to the public street standards of the Township Subdivision and Land Development Regulations[4] or to an alternate standard approved by the Board of Commissioners.

[4] Editor's Note: See Ch. 312, Subdivision and Land Development.

(3) Private streets shall be illuminated in accordance with § 350-42(i).

(s) Topsoil stripping. Stripping of topsoil for sale or for use on other premises, except as may be incidental to a construction project, shall be prohibited in all districts. Sufficient topsoil removed incidental to construction shall be retained and redistributed after construction over an area not occupied by buildings, walkways, parking spaces, driveways, or other improvements.

(t) Ultimate right-of-way widths for roads. Minimum right-of-way widths are hereby established for roads where the existing right-of-way is less than the assigned road classification requires.

(1) Ultimate right-of-way lines shall be equidistant from the centerline of the road. All front yards and other setback lines shall be measured from the ultimate right-of-way line, except in such situations where the street right-of-way is greater than the ultimate right-of-way, wherein all front yards and other setback lines shall be measured from the street right-of-way line. The specific classification of each road is shown on the Official Map of South Whitehall Township which is hereby incorporated into and made part of this chapter. Special ultimate right-of-way widths for certain roads in the Township are specified in § 350-42(t)(3). This section does not apply to Active Adult Neighborhood Development-Overlay as regulated under § 350-31(f)(5).

[Amended 9-20-2017 by Ord. No. 1024]

(2) Width requirements.

Widths	Ultimate Right-Of-Way (feet)
Expressway	As per PennDOT or PA Turnpike Commission
Arterial road	80
Collector road	70
Local road including private streets	60

(3) Special right-of-way widths established for certain roads in the Township.

(A) The ultimate right-of-way line shall be measured 50 feet from the centerline of the following roads:

(i) Walbert Avenue from Huckleberry Road to Route 309.

(ii) Cedar Crest Boulevard for its entire length of the Township.

(iii) Hamilton Boulevard for the length of the portion that is designated for two-way traffic.

(B) The ultimate right-of-way line shall be measured 40 feet from the centerline of the following roads:

(i) Broadway from Haines Mill Road to Tilghman Street.

(ii) Orefield Road from Cedar Crest Boulevard to Route 309.

(iii) Stadium Road.

(iv) Mauch Chunk Road.

(v) Willow Street.

(C) The ultimate right-of-way line shall be measured 20 feet from the centerline of the following road(s):

(i) Charles Street for its entire length of the Township.

(u) Utilities. Exceptions to any and all provisions of this chapter may be granted by the Zoning Hearing Board for any existing or proposed building and/or structure or the extension thereof used or to be used to furnish utility service to the public, provided said building or extension is necessary for the convenience or welfare of the public and no reasonable alternative exists that would be in conformance with the Ordinance.

(1) Hazardous installations shall be either contained within an enclosed building or fenced with a security and safety fence.

(2) Unless the use is within a building similar to other buildings in the district in which it is located, buffering and screening required in § 350-42(b) shall also be required along street lines except at driveways and their intersection with public roads.

(v) Water and sewer services.

(1) Two-unit dwellings, townhouses, and apartments shall not be permitted in any district unless they are served by public water and public sewer or other centralized water and sewer services approved by the Pennsylvania Department of Environmental Protection.

(2) If the water supply is to be obtained from a well and sewage disposal is to be by means of a septic tank, both located on the same premises, the minimum permitted lot size for a single detached dwelling shall be one acre, regardless of zoning district.

§ 350-43 Agricultural, horticultural and nursery uses in all districts.

(a) Interpretation of setback schedules. The setbacks shown in § 350-24(c) apply to the commercial growing or raising of crops, flowers, shrubs, trees, plants or animals of any kind. Accessory uses or activities such as dwelling units, farm outbuildings, roadside stands, etc., shall be subject to the setbacks indicated for the specific accessory use in § 350-24(c), unless indicated otherwise herein.

(b) Obstruction of vision. No plantings shall be located so as to interfere with vision at the intersection of streets or driveways.

(c) Sale and storage of farm products.

(1) The sale and/or storage of farm products is permitted on any farm in the Rural Residential-3, Rural Residential-2, or Rural Residential and Agricultural District (R-R), and at a roadside stand as regulated in § 350-48(f)(3).

(d) Raising and keeping of farm animals. When permitted by Zoning District Schedules in § 350-24(c), the raising and/or keeping of animals is further limited as follows:

(1) The number of hogs or swine kept on a property shall not exceed two per acre, unless the animal is a Vietnamese Potbellied Pig house pet.

(2) Structures used for the raising, keeping or housing of cows, hogs, swine, chickens or other fowl shall be subject to the following setback standards:

(A) Setback to a street right-of-way line: 300 feet.

(B) Setback to a side or rear lot line: 150 feet.

(C) Setback to a dwelling on an adjoining premise/premises: 500 feet.

(3) Raising, keeping and/or housing five or less head of livestock or other such farm animals or 100 or less fowl shall be a primary use. Raising, keeping or housing more than five head of livestock or other such animals or more than 100 fowl shall be a special exception use.

§ 350-44 Residential uses in all districts.

In addition to the foregoing requirements, residential uses shall be in accordance with the following:

(a) Accessory uses for residential uses.

(1) Accessory buildings and/or uses customarily incidental to a residential use and not specifically designated in § 350-24(c) shall be permitted in accordance with the following:

(A) Yard ornaments, play structures, fountains, flagpoles, clothes lines, and similar objects may be permitted in all yards and all yard setbacks. Any such structure or object which exceeds six feet in height above ground level shall be at least six feet from the front, street, side or rear lot line.

(B) Sport courts, temporary event tents and the like shall not extend into any required yard specified for the principal use.

(2) A maximum of one truck, van or other like-type vehicle used for a commercial purpose may be parked on a lot, even if in a private residential garage. Such vehicle shall have a maximum gross vehicle weight rating of 10,000 pounds. Such vehicle shall be parked to the side or rear of the principal dwelling unit. Heavy equipment used for construction purposes is prohibited from being parked on a residential lot for any period of time, unless such is actively being used for construction within 48 hours.

[Amended 3-20-2019 by Ord. No. 1044]

(3) A maximum of one boat, (1) camper, or one recreation vehicle and an associated one utility trailer for the transporting of such recreational vehicle may be parked on a residential lot provided such vehicle shall be parked behind the principal use and meets the side and rear yard requirements for an accessory private garage.

(4) Temporary tents for special events. Tents for special events may be erected on a residential lot for a period not to exceed four days. Tents shall observe the setbacks for a private residential garage in accordance with § 350-24(c) except as modified by § 350-42(a).

(b) Condominiums.

(1) Requirements for the dwellings and/or dwelling units shall be those contained in this chapter and appropriate for the type of dwelling and/or dwelling unit to be constructed irrespective of the condominium arrangement.

(2) There shall be a primary owner who shall be responsible for all taxes, liens, assessments, service charges, and the maintenance of all land, buildings, private streets, parking areas, utilities and any other improvements. Responsibilities may be delegated to secondary owners as may be agreed between the parties; however, the primary owner shall hold overall responsibility and shall be responsible for the performance of the secondary owners. Ownership arrangements shall be on file with and in form satisfactory to the Township.

(c) Impervious lot coverage for a residential use is as follows:

Lot Area	Maximum Percentage of Lot Coverage
Up to 5,000 square feet	100%
More than 5,000 square feet to 10,000 square feet	75%
More than 10,000 square feet to 25,000 square feet	65%
More than 25,000 square feet to 43,560 square feet	50%
More than 43,560 square feet to 5 acres	25%
More than 5 acres	15%

(d) Side yards for townhouses and twins.

(1) The side yard setback for all primary uses where two townhouse units or two twin units share a common wall shall be zero feet.

§ 350-45 Nonresidential uses, including commercial, industrial and institutional uses in all districts.

(a) Betting activities. All betting activities shall be conducted in betting parlors, which are permitted solely in the HC-1 Zone. Betting parlors are hereby expressly excluded from all other commercial, industrial, and residential zones.

(b) Impervious lot coverage for a nonresidential use. The maximum impervious lot coverage of a nonresidential use is 75%.

(c) Protection of surrounding properties. No activity shall be permitted that will emit smoke, dust, dirt, fumes, odors, noise, heat, glare, vibrations, radio-activity, electrical disturbances, radio disturbances, or magnetic disturbances beyond the lot lines in such a manner as to be a nuisance or injurious to humans, animals, vegetation or property of the adjoining or surrounding lots. Adequate facilities and regulations shall be provided to prevent employees, contractors, or visitors intentional or unintentional use, damage or interferences with adjacent or surrounding properties or activities. All operations, facilities and materials that may be hazardous when misused or when accidental contact is made shall be enclosed by an approved safety fence.

(d) Reduced front yard setbacks. The front yard setback for the indicated primary uses, special exception uses and conditional uses within the Highway Commercial, General Commercial, Highway Commercial-1 (Special Height Exception) and General Commercial-1 (Special Height Exception), Industrial Commercial-1 (Special Height Limitation) and Industrial Zoning Districts may be reduced from the required 50 feet under the following conditions. In the case of a coordinated development, the following conditions shall be met by all primary use buildings fronting a given public street right-of-way in order to be eligible for the reduced front yard setback.

(1) A reduction of five feet is permitted for each of the following conditions that exists along the entire frontage along a given right-of-way:

(A) A sidewalk located, constructed and maintained to Township standards or to standards as modified with the approval of the Township.

(B) Shade trees located, planted and maintained to Township standards or to standards as modified with the approval of the Township.

(2) A reduction of five feet is permitted for each of the following conditions that exists on the parcel or coordinated development utilizing the provisions of this § 350-45(d):

[Amended 9-20-2017 by Ord. No. 1024]

(A) Pedestrian walkways between building and public sidewalk. A designated and protected hard-surfaced pedestrian walkway at least five feet in width that joins the public sidewalk fronting the property with the building main entrance facing that fronting public street right-of-way. At least one such pedestrian walkway shall be provided for every 500 feet of public street right-of-way frontage, fractions rounded down. Such a walkway shall include marked pedestrian crossings at all driveways to be crossed and curbed walkways at all other locations between the sidewalk and building entrance.

(B) Pedestrian walkways within parking stall rows. Designated and protected pedestrian hard-surfaced walkways at least five feet in width that join the parking stalls within the parking lot with a building entrance. Such walkways shall be situated between the parking stalls within the rows of parking stalls. Such a walkway shall include marked pedestrian crossings at all driveways to be crossed and shall be bordered by concrete curbing, bumper blocks or similar protective structures at all other locations.

(C) Additional tree islands.

(i) For the purposes of this section, a tree island shall be interpreted as:

[1] A protected area of landscaping bordered on opposing sides by parking stalls and of at least the same dimensions as the bordering parking stalls.

[2] Bordered by concrete curbing, bumper blocks or similar protective structures.

[3] Containing at least one tree that meets the requirements of Section 312-40(b).

(ii) The number of tree islands required to qualify for the reduction specified in Subsection (d)(2) above shall be one for every 10 (fractions rounded up) parking spaces required by § 350-48(o)(2)(E)(v), and shall not include those trees required by § 350-48(o)(2)(E)(v).

(iii) Should Subsection (d)(2)(B) above be utilized, tree islands on opposite sides of the pedestrian walkway shall be offset by at least five parking stalls to ensure sufficient separation distance between mature trees.

(iv) Parking lot trees required under this § 350-45(d), whether required under § 350-48(o)(2)(E)(v) or utilized under § 350-45(d), shall not be located less than 50 feet from another parking lot tree.

§ 350-46 Temporary uses in all districts.

[Amended 3-20-2019 by Ord. No. 1044]

It is hereby recognized that certain uses and activities which might not otherwise be permitted by this chapter are nevertheless permitted because their establishment and operation for a limited period of time serves the public interest. Said uses involve a nonpermanent use of a site and generally have a less restrictive set of development standards due to the temporary nature of each such use. Such uses are declared to be "temporary uses" under this chapter. Temporary uses include but are not limited to the following: special events provided for the enjoyment of the public, civic events in recognition of issues of public importance, seasonal activities, commercial open houses, grand opening events and similar temporary uses. All temporary uses, regardless of whether permitted by right (with or without a zoning permit) under Subsection (a) below or requiring approval of the Zoning Hearing Board under Subsection (b) below, remain subject to compliance with all other Township permitting and code requirements. Relief obtained from any other applicable Township ordinance, resolution, code, regulation, etc., does not alleviate the need to comply with this chapter.

(a) Temporary uses permitted by right.

[Amended 3-20-2019 by Ord. No. 1044]

(1) Uses. Zoning Hearing Board approval is not required for the following uses:

(A) Temporary uses permitted by right not requiring a permit.

(i) The following temporary uses may be undertaken, consistent with the following provisions, without the applicant having to first obtain a permit from the Zoning Officer or having to first obtain approval from the Zoning Hearing Board:

[1] Nonprofit events. Annual or semiannual nonprofit events, including, but not limited to, craft shows, car washes, swim meets, small-scale carnivals, bake sales, and/or events conducted by schools, places of worship, or other nonprofit civic groups.

[2] A festival by a place of worship or emergency response service facility clearly intended to benefit charitable, religious or public safety programs of such places of worship, or emergency response service facilities.

[3] Clinics coordinated by public health officials for administering mass vaccinations, blood drives, and other similar clinics planned by public health officials to meet a regional health need.

[4] Temporary offices, structures, and shelters coordinated by emergency responders or public officials due to a natural disaster or emergency event. The duration limitation of § 350-46(a)(2) shall be inapplicable to temporary uses under this Subsection (a)(1)(A)(i)[4], for which the limit shall be 30 days in any calendar year.

[5] Commercial open houses, grand opening events for new commercial uses and customer appreciation events for existing commercial uses. The duration limitation of § 350-46(a)(2) shall be inapplicable to temporary uses under this Subsection (a)(1)(A)(i)[5] for which the limit shall be as follows. Temporary uses permitted under this Subsection (a)(1)(A)(i)[5] shall be limited to either of the following in a calendar year. Once an election is made in a given calendar year, the option selected is binding for the entire year.

[a] One occasion per year at any given property, limited to one week consisting of seven consecutive days; or

[b] Two occasions per year at any given property, with each such occasion being permitted over three consecutive calendar days. Events conducted more frequently or for a greater duration shall require approval of the Zoning Hearing Board pursuant to § 350-46(b).

[6] Garage/yard sales for residential uses. A sales event of miscellaneous and customary residential items occurring on the property of a dwelling unit, operated and controlled by at least one permanent resident of the corresponding dwelling unit, which only offers for sale "used"/previously purchased retail items customary of a residence.

[a] The garage/yard sale may be in operation only between the hours of sunrise to sunset.

[b] Items to be sold shall be displayed only during the hours of operation.

[c] A garage sale event shall be limited to three consecutive days occurring only on a Friday, Saturday, or Sunday.

[d] A maximum of two garage sale events shall be permitted per each of the two halves of a calendar year.

[e] Signage for garage/yard sales is regulated under § 350-48(s)(10)(e)(xv), except that no permit is required for the duration of the garage/yard sale plus two days prior to the commencement of the sale.

[7] Personal storage units. Portable storage units are permitted to be placed upon a lot:

[a] For a period of less than 30 days no more than twice a calendar year.

[b] Units shall not be placed within any street right-of-way, nor block vehicular or pedestrian traffic.

[c] Units shall be set back a minimum of six feet from any lot line.

[d] In the event of a disaster, such as, but not limited to, fire, explosion, wind, flood, vandalism, hail, lightning, or other similar natural or man-made incident, the Zoning Officer may extend the by-right permitted period of the personal storage unit placement through the approval of a completed zoning permit application.

[8] Dumpsters. Unless as part of a construction project with an active or zoning building permit, dumpsters are temporarily permitted to be placed upon a lot without having to meet the requirements of § 350-42(b), provided that:

[a] The dumpster is not placed on the lot for a period of less than 30 days no more than twice a calendar year.

[b] The dumpster shall not be placed within any street right-of-way, nor block vehicular or pedestrian traffic.

[c] The dumpster shall be set back a minimum of six feet from any lot line.

[d] The Zoning Officer may extend the by-right permitted period of the dumpster placement through the approval of a completed zoning permit application for clean-up associated with a disaster, such as, but not limited to, fire, explosion, wind, flood, vandalism, hail, lightning, or other similar natural or man-made incident.

(ii) Duration. Unless otherwise specified elsewhere in this chapter, temporary sses permitted by right shall be limited to either of the following in a calendar year. Once an election is made in a given calendar year, the option selected is binding for the entire year.

[1] One occasion per year at any given property, limited to one week consisting of seven consecutive days; or

[2] Two occasions per year at any given property, with each such occasion being permitted from 12:00 noon on a Friday until 8:00 p.m. local time on the following Sunday night. Events conducted more frequently or for a greater duration shall require approval of the Zoning Hearing Board pursuant to § 350-46(b). Notwithstanding anything herein to the contrary, no outdoor commercial recreation activities shall be considered temporary uses permitted by right under § 350-46.

(iii) Parking. Notwithstanding any provision of this chapter to the contrary, temporary uses permitted by right shall not be required to provide any specific amount of parking. Instead, parking provided for a temporary use shall not block driveways or access ways. Parking shall not be provided on private property without the prior permission of the property owner. Further, no parking shall be provided in any area designated as "no parking" by applicable Township or state regulation.

(iv) Signs. Temporary signage is permitted for temporary uses permitted by right in accordance with this subsection. Temporary signs shall not exceed eight feet in height and shall not be illuminated in any way. Electronic graphic display signs are not permitted as temporary signage. A temporary use permitted by right may display one sign (consisting of two sign faces) along each front yard exposure of a property upon which a temporary use permitted by right is allowed. Each sign face shall be limited to 32 square feet.

(B) Temporary uses requiring a permit.

(i) The Zoning Officer shall issue a Zoning Permit for the following Temporary Uses without the applicant obtaining approval from the Zoning Hearing Board, subject to the following provisions:

[1] A special sale area or display within a Lot of a permitted commercial use that is not otherwise approved for or permitted to have sales or displays, such as a sidewalk sale or sale of holiday flowers within a parking area.

[2] Outdoor commercial recreation activities

[3] Personal Storage Units. In the event of a disaster, such as, but not limited to, fire, explosion, wind, flood, vandalism, hail, lightning, or other similar natural or man - made incident, the Zoning Officer may extend the by - right permitted period of the Personal Storage Unit placement up to 90 days by the issuance of a Zoning Permit and shall condition the permit accordingly.

[a] Units shall not be placed within any Street Right-of-Way, nor block vehicular or pedestrian traffic.

[b] Units shall be Setback a minimum of six (6) feet from any Lot Line.

[4] Dumpsters. The Zoning Officer may extend the byright permitted period of the Personal Storage Unit placement through the approval of a completed Zoning Permit application for clean - up associated with a disaster, such as, but not limited to, fire, explosion, wind, flood, vandalism, hail, lightning, or other similar natural or man -made incident, provided that:

[a] The dumpster shall not be placed within any Street Right o- f W- ay, nor block vehicular or pedestrian traffic.

[b] The dumpster shall be Setback a minimum of six (6)fe et from any Lot Line.

(ii) Removal. Upon cessation, expiration, or revocation of the permit, the property shall be cleaned up and restored to substantially the same condition as existed prior to commencement of such use and to a condition that is otherwise in compliance with the requirements of this chapter (or as a lawful preexisting, nonconforming use), and all other Township ordinances within one week of the cessation, expiration, or revocation of the permit. Additionally, any public property (parks, road rights-of-way, etc.) shall be cleaned of debris and rubbish which may have accumulated by virtue of the temporary use. Failure to comply with this provision will require Zoning Hearing Board approval for the next event at the property that constitutes a temporary use permitted by right and any such Zoning Hearing Board approval will be contingent on the submittal of security in an amount and form adequate to ensure that the Township can restore the property to its preexisting condition, if necessary, at the completion of the event. Additionally, if the temporary use (including temporary structures) is not removed in a timely fashion, after proper notification, the Township may remove the temporary use (including structures) at the cost of the applicant. The applicant shall reimburse the Township immediately following receipt of an invoice noting the amount due. In the event the applicant fails to reimburse the Township within 30 days of receipt of a written invoice bill or if funds received from the applicant are insufficient to fully reimburse the Township, the Township shall have the right, after first providing written notice to the owner(s) of the land upon which the temporary use was held to invoice owner(s) for the cost or deficiency. Each such invoice, together with interest and the cost of collection thereof (including but not limited to reasonable fees for legal counsel and court costs), in addition to a fee of 20% of the expenses incurred by the Township as an administrative fee, shall also be the joint and several personal obligations of the applicant and the owner(s) of the property upon which the temporary use was held. Upon filing by the Township, sums not reimbursed to the Township shall become a lien on the property upon which the temporary use was held. Liens shall be filed in the office of the Prothonotary of Lehigh County, Pennsylvania, and shall be collected in the manner provided for by law for the collection of municipal claims.

(iii) Other information. When completing the zoning permit application, the applicant shall specify the dates and times for the event and all other information which may be required by the Zoning Officer, including the dates and times that set-up and tear-down will take place, what provisions will be made for site security, sanitation, trash removal, outdoor lighting or other electrical needs, and information concerning proposed signage.

(b) Temporary uses requiring Zoning Hearing Board approval. Except for temporary uses permitted by right described in Subsection (a) above, a temporary use permit shall be issued by the Zoning Officer only after said use receives special exception approval by the Zoning Hearing Board pursuant to this subsection only, it being noted that temporary uses need not comply with § 350-16(i) of this chapter. The applicant must demonstrate to the satisfaction of the Zoning Hearing Board that the proposed temporary use complies with the following requirements:

(1) Compatibility. The proposed use is of such nature that it will not exert a detrimental effect on neighboring properties and will contribute to the general welfare, needs, and convenience of the Township of South Whitehall and the general public. For purposes of this section, no temporary use shall be permitted that will emit smoke, dust, dirt, fumes, odors, noise, heat, glare, vibrations, radio-activity, electrical disturbances, radio disturbances, or magnetic disturbances beyond the bounds of the property in such a manner as to be a nuisance or injurious to humans, animals, vegetation or property of the adjoining or surrounding properties.

(2) Duration. The duration of the proposed temporary use shall be established by specific dates as will, in the judgment of the Zoning Hearing Board, serve the intended purpose. However, the duration of such temporary use shall not exceed one week consisting of seven consecutive days.

(3) Removal. Upon cessation or expiration of the temporary use, the property upon which it is located shall be promptly cleaned and substantially restored to the same condition as existed prior to commencement of the Temporary Use, to a condition that is otherwise in compliance with the terms of requirements of this chapter (or as a lawful preexisting, nonconforming use) and all other applicable Township ordinances within one week of the cessation or expiration of the temporary use. Additionally, any public property (parks, road rights-of-way, etc.) shall be cleaned of debris and rubbish which may have accumulated by virtue of the temporary use. If the temporary use (including temporary structures) is not removed in a timely fashion, after proper notification, the Township may remove the temporary use (including structures) at the cost of the applicant utilizing the security provided for in Subsection (b)(4) below. In the event that the security is not sufficient to cover the cost of removal, the applicant shall nevertheless remain responsible for the deficiency between the amount of the security and actual cost of removal. The applicant shall reimburse the Township immediately following receipt of an invoice noting the deficiency and amount due. In the event the applicant fails to reimburse the Township within 30 days of receipt of a written invoice bill or if funds received from the applicant are insufficient to fully reimburse the Township, the Township shall have the right, after first providing written notice to the owner(s) of the land upon which the temporary use was held, to invoice the owner(s) for the cost or deficiency. Each such invoice, together with interest and the cost of collection thereof (including but not limited to reasonable fees for legal counsel and court costs), in addition to a fee of 20% of the expenses incurred by the Township as an administrative fee, shall also be the joint and several personal obligations of the applicant and the owner(s) of the property upon which the temporary use was held. Upon filing by the Township, sums not reimbursed to the Township shall become a lien on the property upon which the temporary use was held. Liens shall be filed in the office of the Prothonotary of Lehigh County, Pennsylvania and shall be collected in the manner provided for by law for the collection of municipal claims.

(4) Security. Security shall be required by the Zoning Hearing Board in an amount necessary to restore the property on which the temporary use was located to its original condition and to a condition that is otherwise in compliance with the requirements of the Zoning Ordinance (or as a lawful preexisting, nonconforming use). Security shall be returned to the applicant once the applicant demonstrates that the property has been restored pursuant to Subsection (b)(3) above.

(5) Parking. The applicant shall provide the Zoning Hearing Board with all necessary information concerning parking to serve the temporary use, including the primary access routes to the site and available parking for the anticipated number of attendees. Special traffic control personnel may be required for larger events. If the event is proposed to take place on a property, the primary use of which already includes an existing parking lot, there must be no disruption of normal required parking, access, and traffic flow, pedestrian accessways, sidewalks, or landscaped areas for the primary use. Parking provided for a temporary use shall not block private streets, driveways or access lanes. Parking shall not be provided on private property without the prior permission of the property owner. Further, no parking shall be provided in any area designated as "no parking" by applicable Township or state regulation.

(6) Additional information. The applicant shall provide the Zoning Hearing Board with additional information requested by the Zoning Hearing Board to demonstrate compliance with the special exception criteria outlined in this Subsection (b) and to allow the Zoning Hearing Board to adequately review the proposal and make a decision concerning the proposed temporary use.

(7) Renewal. If a temporary use has previously received Zoning Hearing Board approval under this Subsection (b), there has been no material change in the temporary use, the applicant is the same as that which previously received Zoning Hearing Board approval for the subject temporary use, the temporary use is proposed at the same property, and there has been no formal complaint filed by or with the Township concerning the particular temporary use when previously undertaken which has been substantiated by review of the Zoning Officer, the Zoning Officer shall renew the temporary use permit for the same duration of the temporary use as originally set by the Zoning Hearing Board. It is noted that the Township itself may be a complaining party, in which case no review by the Zoning Officer is required to substantiate the complaint and the temporary use shall not be subject to renewal as provided in this subsection. Security required by the Zoning Hearing Board under Subsection (b)(4) shall be provided for the renewed temporary use. By way of example, if a temporary use received approval for one week and the Zoning Hearing Board required security in the amount of $5,000, the renewal shall be limited to a maximum duration of one week for each event and security in the amount of $5,000 shall be required for each event. A temporary use that is subject to administrative renewal shall not take place more than one time per year. Once approved by the Zoning Hearing Board, the Zoning Officer shall renew a temporary use permit on a yearly basis for a total combined period of not more than five years from the date of the initial Zoning Hearing Board approval. When five years has passed from the initial Zoning Hearing Board approval, the temporary use must again be approved by the Zoning Hearing Board pursuant to the terms of this Subsection (b). By way of example, if a temporary use first receives Zoning Hearing Board approval on November 17, 2014, the same particular temporary use shall be subject to administrative review for all permits issued prior to November 16, 2019. Following November 16, 2019, if a permit has not been issued for that year's temporary use, the proposed temporary use is again subject to review and approval hereunder by the Zoning Hearing Board. The five-year period is not extended if the approved temporary use does not occur in any given year. If a temporary use is again approved by the Zoning Hearing Board, the Zoning Officer shall review renewal applications pursuant to this subsection. The intent of this provision is that no temporary use which requires Zoning Hearing Board approval will be administratively approved for more than five years without Zoning Hearing Board approval.

(A) The provisions of this Subsection (b)(7) shall be retroactive to any temporary use which has received approval from the Zoning Hearing Board on or after May 1, 2010.

§ 350-47 Nonconforming structures, buildings, lots and uses.

(a) Nonconforming structures and buildings. Nonconforming structures and buildings are limited as follows:

(1) Any application for which proper fees have been paid and any action before the Zoning Hearing Board at the time this chapter is advertised shall be determined in accordance with the ordinance in effect prior to the enactment of this chapter.

(2) If a nonconforming structure or building in subsequently changed to conform to the provisions of this chapter, it shall not again be altered or changed except in accordance with such provisions.

(3) If a nonconforming structure or building is destroyed, or if the nonconforming portion of the structure or building is destroyed, it may be rebuilt in the same location, provided that:

(A) The reconstructed building shall not increase any dimensional nonconformities; and

(B) Material work on reconstruction is started within two years from date of its destruction.

(4) In a residential zoning district, additions and/or extensions for any residential building shall be permitted, provided the following conditions are met:

[Amended 3-20-2019 by Ord. No. 1044]

(A) The proposed setback shall not be less than the existing setback.

(B) The existing setback was not established through the grant of a variance or other prior zoning relief.

(C) The proposed setback is greater than or equal to 50% of the currently required setback.

(5) Additions and/or extensions to a nonconforming structure or building not regulated by Subsection (a)(4) above shall be permitted, provided the following conditions are met:

[Added 3-20-2019 by Ord. No. 1044]

(A) The proposed expansion shall not create new dimensional nonconformities or further increase existing dimensional nonconformities for setbacks or height.

(B) The cumulative total of all proposed additions and/or extensions permitted under this or any prior Zoning Ordinance or amendments thereto shall not exceed any of the following:

(i) Twenty-five percent of the occupied floor area; or

(ii) Twenty-five percent of the cubical contents of the building(s) occupied; or

(iii) In the case of the use where a major portion is conducted in the open, twenty-five percent of the service capacity or area occupied.

(b) Restoration to a safe condition. Nothing in this section shall prevent the strengthening or restoring to a safe condition any structure or building or portion thereof which has been declared unsafe by the Building Official.

(c) Nonconforming lots.

(1) A permitted residential primary or accessory use may be erected on any lot of record held in single and separate ownership on the effective date of this chapter, or amendments which rendered such lot nonconforming, and which has continued to be held in single and separate ownership provided that:

(A) It is a permitted use in the district in which it is located.

(B) The nonconformity is not self-created.

(C) The lot is not adjoined by other available unoccupied land owned by applicant.

(D) The lot is not more than 40% deficient in required width or minimum area and is in character with the general neighborhood.

(i) For permitted accessory storage buildings, is not more than 70% deficient in required width or minimum area and is in character with the general neighborhood.

(2) Where a nonconforming residential lot meets the conditions in Subsection (c)(1)(A) through (C) above, but is more than 40% deficient in required width or minimum area (or more than 70% deficient in the case of a permitted accessory storage building), a permitted residential primary or accessory use may be erected upon receipt of special exception approval from the Zoning Hearing Board.

(3) The Zoning Hearing Board may grant variances for the erection or alteration of a nonresidential use on any lot of record held in single and separate ownership on the effective date of this chapter, or amendments which rendered such lot nonconforming, and which has continued to be held in single and separate ownership provided that:

(A) It is a permitted use in the district in which it is located.

(B) The nonconformity is not self-created.

(C) The lot is not adjoined by other available unoccupied land owned by applicant.

(d) Nonconforming uses.

(1) Any application for which proper fees have been paid and any action before the Zoning Hearing Board at the time this chapter is advertised shall proceed and be determined in accordance with the ordinances in effect prior to the enactment of this chapter.

(2) A nonconforming use may be continued but shall not be changed to another nonconforming use, except when the following conditions are met to the satisfaction of the Zoning Hearing Board:

(A) A major portion of the proposed use and the use it is to replace is conducted within a building.

(B) The proposed nonconforming use is less detrimental to its neighborhood and surroundings or general public welfare than the use it is to replace. The Zoning Hearing Board shall take into consideration all factors which might affect the public's interest, including traffic generated, nuisance characteristics such as emission of noise, odor, dust and smoke, fire hazards, and hours and manner of operation.

(C) The proposed use to be substituted shall be permitted by right, by special exception, or by conditional use in a zoning district in which the existing nonconforming use would be a permitted use or in a more restrictive zoning district than the district where the nonconforming use would be permitted.

(D) The Zoning Hearing Board may attach any other reasonable conditions to the approval.

(3) If a nonconforming use is subsequently changed to conform to the regulations of the district in which it is located, it shall not again be altered or changed except in accordance with such regulations.

(4) The vacation of a nonconforming use for a consecutive period of two years shall be deemed a permanent vacation and, thereafter, the use shall not be reestablished except in conformance with the regulations of this chapter.

(5) Additions and/or extensions to a nonconforming use shall be permitted, provided the following conditions are met:

(A) The proposed setback shall not be less than the existing setback.

(B) The existing setback was not established through the grant of a variance or other prior zoning relief.

(C) The proposed setback is greater than or equal to 50% of the currently required setback.

(D) Additions or expansions to a nonconforming building or structure shall be in accordance with § 350-47(a).

(6) All nonconforming uses shall be required to register with the Township Zoning Officer within one year of the date of the enactment of this chapter.

(7) If a property containing a nonconforming use is destroyed by a disaster such as fire, windstorm, explosion, wind, flood, vandalism, hail, or lightning, the corresponding building, structure, or area of land that contained the nonconforming use may be rebuilt in the same location, to the preexisting size, scope and intensity; provided that:

(A) Reconstruction permits are applied for within one year (365 days) from the date of the destruction;

(B) Said permit applications are approved and issued within the earlier of one year (365 days) from the date reconstruction permits are applied for or two years (730 days) from the date of destruction; and

(C) The building, structure, etc., is rebuilt pursuant to the permits obtained, a certificate of occupancy is issued for the building, structure, etc., and the nonconforming use is actually reestablished within the earlier of one year (365 days) from the date all reconstruction permits are issued or three years (1,095 days) from the date of destruction.

§ 350-48 Use Schedules.

How to use the Use Schedules
Sample:
350-48(a)(1) USE NAME Uses are listed alphabetically
	(A) Definition: If defined, the definition will be stated here. If not defined, this area will be left blank.
	(B) Use classification: The use classification (Agricultural, Commercial, Industrial, Institutional, or Residential) is listed here.
	(C) Where permitted: The table below lists the base zoning districts in columns and the type of use (primary, accessory, special exception and conditional use) in rows. An "X" indicates the use is permitted as a primary, accessory, special exception and/or conditional use within the indicated base zoning district. If blank, the use is not permitted within the base zoning district as the listed type. Please consult § 350-30 for uses listed within overlay districts or planned residential developments.

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use

	(D) Minimum off-street parking calculations: Off-street parking and loading zone calculations are listed here.
	(E) Additional regulations: Any regulations particular to the use are listed here.

(a) Uses starting with the letter "A."

(1) 350-48(a)(1) Accessory dwelling unit, attached.

(A) Definition: An accessory dwelling unit located within a single detached dwelling unit, that includes its own living facilities for the provision of sleeping, cooking, and sanitation, designed for residential occupancy independent of the primary dwelling unit. The accessory dwelling unit shall be for long-term occupancy (greater than six months).

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: One additional off-street parking space shall be required for the ADU in addition to that required for the principal dwelling unit.

(E) Additional regulations:

(i) An ADU may be created in any one of the following ways:

[1] Converting existing living area in a single detached dwelling unit;

[2] Finishing an existing basement or attic in a single detached dwelling unit;

[3] Building an addition to an existing single detached dwelling unit;

[4] Building a detached accessory dwelling unit;

[5] Converting and/or building an addition to an existing detached accessory private garage.

(ii) Size limitation. The maximum size of an ADU may be no more than 75% of the living area of the house or 1,000 square feet, whichever is less.

[Amended 3-20-2019 by Ord. No. 1044]

(iii) Additional requirements for attached ADUs:

[Amended 3-20-2019 by Ord. No. 1044]

[1] The primary dwelling unit shall be owner-occupied.

(iv) Design standards.

[1] Only one main entrance shall be located on the front facade of the dwelling unit, unless the house contained additional entrances before the ADU was created, except that an entrance that does not have access to the ground, such as a balcony or deck, shall not count towards this requirement.

[2] The exterior finish materials, roof pitch, trim, eaves, window orientation and dimension shall be the same or visually match those of the house.

(2) 350-48(a)(2) Accessory dwelling unit, detached.

(A) Definition: An accessory dwelling unit that is located in a separate building, independent of the principal dwelling unit, including a dwelling unit located above a detached garage, that includes its own living facilities for the provision of sleeping, cooking, and sanitation, designed for residential occupancy independent of the primary dwelling unit. The accessory dwelling unit shall be for long-term occupancy (greater than six months).

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception	X	X	X	X	X	X	X	X
Conditional use

(D) Minimum off-street parking calculations: One additional off-street parking space shall be required for the ADU in addition to that required for the principal dwelling unit.

(E) Additional regulations: Where so noted in Subsection (a)(2)(C) above, detached accessory dwelling units shall be permitted by special exception in the zoning districts subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d).

(i) An ADU may be created in any one of the following ways:

[1] Converting existing living area in a single detached dwelling unit;

[2] Finishing an existing basement or attic in a single detached dwelling unit;

[3] Building an addition to an existing single detached dwelling unit;

[4] Building a detached accessory dwelling unit;

[5] Converting and/or building an addition to an existing detached accessory private garage.

(ii) Size limitation. The maximum size of an ADU may be no more than 75% of the living area of the house or 1,000 square feet, whichever is less.

[Amended 3-20-2019 by Ord. No. 1044]

(iii) Additional requirements for detached ADUs:

[1] The primary dwelling unit shall be owner-occupied.

[2] The maximum height shall be 18 feet.

[3] The building coverage of the detached ADU shall not be larger than the building coverage of the principal dwelling unit.

[4] A detached ADU shall be set back a minimum of six feet from the rear wall of the principal dwelling unit.

[5] A detached ADU will adhere to the conforming aide and rear yard setbacks of the primary use.

(iv) Design standards.

[1] Only one main entrance shall be located on the front facade of the dwelling unit, unless the house contained additional entrances before the ADU was created, except that an entrance that does not have access to the ground, such as a balcony or deck, shall not count towards this requirement.

[2] The exterior finish materials, roof pitch, trim, eaves, window orientation and dimension shall be the same or visually match those of the house.

(3) 350-48(a)(3) Accessory dwelling unit, employee.

(A) Definition: An accessory dwelling unit that is located in the principal use and/or building, or in separate buildings, for caretakers, full-time or part-time employees, interns, and their families that includes its own living facilities for the provision of sleeping, cooking, and sanitation. Employee accessory dwelling units shall be permitted as accessory uses to the following primary uses: agriculture, amusement parks, commercial camps, hotels, and motels.

(B) Use classification: Agricultural, commercial, or industrial; and residential.

[Amended 9-20-2017 by Ord. No. 1024]

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Conditional use

(D) Minimum off-street parking calculations: Per the special exception approval.

(E) Additional regulations: Where so noted in Subsection (a)(3)(C) above, employee accessory dwelling units shall be permitted by special exception in the zoning districts subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d).

(i) Density limitation:

[1] The maximum density of employee accessory dwelling units shall be no more than one unit per gross acre of the tract.

[2] For dormitory-style or group residences (units housing more than eight individuals), the density calculation shall be based upon four beds equaling a "unit."

(ii) Parking. The applicant shall submit evidence that sufficient off-street parking will be provided for the employee accessory dwelling units that has no impact upon the required off-street parking requirements for the uses on the remainder of the tract.

(iii) Separation of uses. The applicant shall submit evidence that the employee accessory dwelling unit(s) is sufficiently separated and/or buffered from the nonresidential uses on the tracts so as to minimize the adverse impacts of noise, vibration, glare, heat, odor, smoke, dust, fumes, vapors, gases, air emissions, water emissions and outdoor storage to the employee accessory dwelling units.

(iv) Separation from abutting properties. The applicant shall submit evidence that the employee accessory dwelling unit(s) is sufficiently separated and/or buffered from any abutting residential uses so as to minimize the impacts of the employee accessory dwelling units upon the abutting properties.

(4) 350-48(a)(4) Adult entertainment establishment.

(A) Definition: An establishment including, but not limited to, a book or video store, theater, retail or wholesale facility, nightclub, eating or drinking facility, which provides entertainment in any format, including but not limited to live entertainment, books, films, magazines, paraphernalia or novelties, primarily exhibiting, featuring or dealing with, but not limited to, specified sexual activities or specified anatomical areas. An adult entertainment establishment shall not be allowed as part of any other use. Such use specifically excludes a massage service establishment and massage school.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception											X	X	X	X
Conditional use

(D) Minimum off-street parking calculations: Use the parking requirements of the use that is most similar to the specific type of adult entertainment establishment; for example, an adult bookstore use would be required to meet the off-street parking requirements of a retail use and "gentlemen's club" would be required to meet the off-street parking requirements of a nightclub.

(E) Additional regulations: Where so noted in Subsection (a)(4)(C) above, adult entertainment establishments shall be permitted by special exception in the zoning districts subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) No adult entertainment establishment shall be located within 500 feet of any elementary or secondary school, place of worship, public park, library, hospital or child day-care center, or within 1,500 feet of any other adult entertainment establishment; said distance shall be measured in a straight line between the closest lot lines of the adult entertainment establishment and the uses named above.

(5) 350-48(a)(5) Agricultural, horticultural, nursery, excluding raising and keeping of farm animals.

(A) Definition: None.

(B) Use classification: Agricultural.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X													X	X
Accessory
Special exception				X	X	X	X	X	X		X	X	X	X
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: Where so noted in Subsection (a)(5)(C) above, agricultural, horticultural, nursery, excluding raising and keeping of farm animals shall be permitted by special exception subject to the minimum standards and criteria set forth in § 350-41(d).

(i) For agricultural, horticultural and/or nursery uses wherein the crop is grown in a controlled environment completely contained within a structure and independent of sunlight, rainfall and other climactic variables, such uses shall be permitted only in the Industrial-Commercial-1 (IC-1) and Industrial (I) Zoning Districts. Such crops shall include, but not be limited to, mushrooms and medical marijuana. Such uses shall not include crops that are germinated or grown in a controlled environment for less than 50% of the life cycle of the crop and transplanted in an outdoor growing area on the same lot for the balance of the life cycle of the crop.

[Amended 9-20-2017 by Ord. No. 1024]

(6) 350-48(a)(6) Agricultural, horticultural, nursery, including raising and keeping of farm animals.

(A) Definition: None.

(B) Use classification: Agricultural.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X														X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(7) 350-48(a)(7) Amusement park.

(A) Definition: A commercial establishment having various devices, within buildings and/or open-air, for entertainment and may include arcades, conference centers, stables, food and beverage service stands, golf driving ranges, miniature golf courses, mixed-use buildings, nightclubs, administrative offices, pavilions, pitch and putt golf, playground apparatus, recreation facilities, uses included within high-intensity recreation and low-intensity recreation, sit-down restaurants, souvenir vending, stage and entertainment facilities, warehousing, storage and maintenance facilities, utility-like uses that are necessary for the operation of the park, and other uses customarily ancillary to amusement parks.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary															X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each four persons using the facilities at the projected peak hour of use.

(E) Additional regulations: None.

(i) Additional on-premises signs for amusement parks. In addition to the signs permitted in § 350-48(s)(10), signs that expressly and directly pertain to the business or activity conducted on the same premises shall be permitted in accordance with the following:

[1] The entire complex or development, whether under single or multiple ownership, shall be treated as one establishment and permitted the signs specified in § 350-48(s)(10)(E)(xii).

[2] Each recreational or amusement activity within the complex or development shall be permitted unlimited signage so long as the sign is not within 100 feet of any public street right-of-way line and the sign is not visible from public rights-of-way, with the exception of existing signs along Dorney Park Road where the existing setback shall be applied.

(8) 350-48(a)(8) Arcade.

(A) Definition: A use that primarily utilizes mechanical, electrical, or electronic (or combination thereof) devices designed to amuse, alarm, excite, or thrill the user which is used commercially and requires a fee, charge, admission, or recommendation for its use, not including devices used in connection with betting activities or adult entertainment establishments.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X	X	X
Accessory
Special exception
Condition- al use

(D) Minimum off-street parking calculations: 1.0 space for every employee on the largest shift, plus 1.0 space for every three seats and/or arcade stations (including those part of the amusements), plus 1.0 space for every 50 square feet of any additional room used for the general public, if applicable, excluding lobbies, vestibules and similar areas.

(E) Additional regulations.

(9) 350-48(a)(9) Assisted living residence.

(A) Definition: A facility, licensed by the Commonwealth of Pennsylvania, Department of Public Welfare, pursuant to Title 55, Public Welfare, Part IV, Adult Services Manual, of the Pennsylvania Code of Regulations, Chapter 2800, Assisted Living Residences, as amended from time to time; in which food, shelter, assisted living services, assistance or supervision and supplemental health care services are provided for a period exceeding 24 hours for four or more adults who are not relatives of the operator, who require assistance or supervision in matters such as dressing, bathing, diet, financial management, evacuation of a residence in the event of an emergency or medication prescribed for self-administration. The term "assisted living residences" shall not include drug and alcohol rehabilitation facilities.

(B) Use classification: Commercial, institutional, and residential.

[Amended 9-20-2017 by Ord. No. 1024]

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary							X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 0.5 spaces per unit plus one parking space for each employee on the largest work shift; plus one large off-street loading zone if the use area is greater than 10,000 square feet, or one oversized off-street loading zone if the use area is greater than 50,000 square feet.

(E) Additional regulations: None.

(b) Uses starting with the letter "B."

(1) 350-48(b)(1) Bank.

(A) Definition: A use, the primary function of which is the custody, loan, exchange, or issue of money, for the extension of credit, and for facilitating the transmission of funds.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X		X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every 200 square feet of total floor area.

(E) Additional regulations: None.

(2) 350-48(b)(2) Bed-and-breakfast.

(A) Definition: An existing single detached dwelling unit that has a minimum of three and a maximum of 12 guestrooms to rent to overnight guests and is operated by the resident of the dwelling.

(B) Use classification: Commercial, residential.

[Amended 9-20-2017 by Ord. No. 1024]

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X						X	X	X	X	X	X
Accessory
Special exception	X*	X*	X*
Conditional use

NOTES:
*	See regulations below.

(D) Minimum off-street parking calculations: 1.0 parking space for each guestroom plus 2.0 spaces for the owners (permanent residents) of the facility.

(E) Additional regulations:

(i) At least one bathroom shall be provided for each three guestrooms or fraction thereof. At least one separate bathroom shall be provided for the primary residential use.

(ii) A dwelling that is converted shall maintain the appearance of a single detached dwelling unit.

(iii) The existing on-site sanitary sewerage disposal system shall be recertified as being adequate, in accordance with local and state regulations.

(iv) No retail display or advertising shall be visible from outside the premises. Signage is permitted in accordance with § 350-48(s)(10)(E)(ix)[10].

(v) At least one owner-operator of the bed-and-breakfast shall be an occupant of the dwelling.

(vi) There shall be no separate cooking facilities in any guestroom. Guest meals shall be limited to breakfast and only served to guests who are staying overnight.

(vii) The maximum, uninterrupted length of stay at a bed-and-breakfast shall be 14 days.

(viii) Parking shall be provided in accordance with § 350-48(o)(2).

(ix) A floor plan and site plan of the property shall be submitted for review and approval. The plans shall include locations for parking, and signs.

(x) Shall be restricted to buildings that existed prior to January 1, 1950.

(xi) If the bed-and-breakfast establishment is located within a residential zoning district and is located on a lot of less than one acre, the bed-and-breakfast shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

[1] Compliance with the conditions listed in Subsection (b)(2)(E)(i) through (x) above.

[2] The applicant demonstrates that the driveway and off-street parking areas are adequately screened from adjoining residential uses.

(3) 350-48(b)(3) Betting parlor.

(A) Definition: An indoor establishment in which legal betting activities are conducted. The term shall specifically include "nonprimary location" as defined in the Race Horse Industry Reform Act, as amended, 35 P.S. § 325.101 et. seq.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use														X

(D) Minimum off-street parking calculations: 1.0 space for every 200 square feet of total floor area.

(E) Additional regulations: Where so noted in Subsection (b)(3)(C) above, a betting parlor shall be permitted by conditional use review and approval subject to the minimum standards and criteria set forth in § 350-41(e).

(4) 350-48(b)(4) Billboard.

(A) Definition: A sign, at least 50 square feet in area, which directs attention to an object, product, service, place, activity, person or entity sold, offered or existing elsewhere than upon the same tract of land where such sign is displayed. The term "billboard" shall also include off-premises outdoor advertising signs on which space is leased or rented by the owner thereof to others or used by such owner for the purpose of conveying a commercial or noncommercial message.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception													X	X
Conditional use

(D) Minimum off-street parking calculations: None.

(E) Additional regulations: Where so noted in Subsection (b)(4)(C) above, billboards shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d).

(i) A billboard shall be located no closer than 1,000 feet from any other billboard located along the same traffic route.

(ii) Billboards shall be located no closer than 150 feet from the intersecting street centerlines of two or more traffic routes or from an overpass of one or more traffic routes over one or more other traffic routes. The same limitation shall apply where one or more of the routes involved in the intersection or overpass is a railroad right-of-way.

(iii) Billboards shall be set back a minimum of 35 feet from an ultimate right-of-way line, and a minimum of 50 feet from a side or rear property line, or comply with the setbacks provided in § 350-24(c), whichever is more restrictive.

(iv) Illuminated billboards shall comply with the Illuminating Engineering Society of North America's (IESNA) recommended practices and criteria in the IESNA Lighting Handbook, including but not limited to criteria for full-cutoff fixtures. Fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors or hoods when necessary to redirect offending light distribution. All lighting shall be aimed, located, designed, fitted and maintained so as not to project or reflect light onto a neighboring use or property (light trespass), the traffic route, or a nearby intersecting road, and to shield the lamp and its reflective surfaces from direct off-site view. Externally illuminated billboards shall have luminaires mounted at the top of the billboard and aimed downward.

(v) Each application for a billboard shall be accompanied by eight copies of a site plan showing all matters required to be set forth under this chapter.

(vi) Each application for a billboard shall be accompanied by a certification under seal of a professional engineer that the existence of the billboard, as proposed:

[1] Shall not present a safety hazard;

[2] Shall certify that the orientation of the billboard had been evaluated to mitigate potential negative impacts to residentially zoned or residential property.

(vii) A billboard designed to be viewed from the following traffic routes: (a) United States Interstate 78; (b) Northeast Extension of the Pennsylvania Turnpike; (c) United States Route 22; and (d) Pennsylvania Route 309 between United States Interstate 78 and Walbert Avenue (excluding tracts or lots abutting residentially zoned districts) (hereinafter individually and collectively referred to as the "designated highways") shall:

[1] Have a maximum surface area of 675 square feet, and each such billboard shall have one face, except that billboards with two parallel and opposing faces, each having a maximum surface area of 675 square feet, may be permitted.

[2] Have a maximum height of 35 feet as measured from the lowest grade directly under the billboard or the grade of the adjacent traffic route, whichever is lower.

(viii) A billboard designed to be viewed from a traffic route other than one of the designated highways shall:

[1] Have a maximum surface area of 200 square feet per face, as permitted by one of the following three subsections below:

[a] A billboard located on corner lots shall be permitted two faces, each face designed to be viewed from a different single road fronting the lot.

[b] A billboard fronting roads permitting two-way traffic shall be permitted two parallel and opposing faces designed to be viewed by both directions of traffic on a fronting road.

[c] A billboard shall be permitted one face designed to be viewed from a fronting road.

[2] Have a maximum height of 25 feet as measured from the lowest grade directly under the billboard or the grade of the adjacent traffic route, whichever is lower.

[3] Be situated in a front yard with at least 700 feet of abutting public road frontage.

[4] Be separated from any other freestanding sign requiring a permit by at least 200 feet.

[Amended 9-20-2017 by Ord. No. 1024]

(5) 350-48(b)(5) Billboard, electronic graphic display.

(A) Definition: A billboard or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately. Electronic graphic display billboards shall include computer programmable, microprocessor-controlled electronic digital displays. The billboard may not include lighting devices forming part of the message or border, video or scrolling messages.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception													X	X
Conditional use

(D) Minimum off-street parking calculations: None.

(E) Additional regulations: Where so noted in Subsection (b)(5)(C) above, electronic graphic display billboards shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d).

(i) A billboard shall be located no closer than 1,000 feet from any other billboard located along the same traffic route.

(ii) Billboards shall be located no closer than 150 feet from the intersecting street centerlines of two or more traffic routes or from an overpass of one or more traffic routes over one or more other traffic routes. The same limitation shall apply where one or more of the routes involved in the intersection or overpass is a railroad right-of-way.

(iii) Billboards shall be set back a minimum of 35 feet from an ultimate right-of-way line, and a minimum of 50 feet from a side or rear property line, or comply with the setbacks provided in § 350-24(c), whichever is more restrictive.

(iv) Illuminated billboards shall comply with the Illuminating Engineering Society of North America's (IESNA) recommended practices and criteria in the IESNA Lighting Handbook, including but not limited to criteria for full-cutoff fixtures. Fixtures shall be equipped with or be capable of being backfitted with light-directing devices such as shields, visors or hoods when necessary to redirect offending light distribution. All lighting shall be aimed, located, designed, fitted and maintained so as not to project or reflect light onto a neighboring use or property (light trespass), the traffic route, or a nearby intersecting road, and to shield the lamp and its reflective surfaces from direct off-site view. Externally illuminated billboards shall have luminaires mounted at the top of the billboard and aimed downward.

(v) Each application for a billboard shall be accompanied by eight copies of a site plan showing all matters required to be set forth under this chapter.

(vi) Each application for a billboard shall be accompanied by a certification under seal of a professional engineer that the existence of the billboard, as proposed:

[1] Shall not present a safety hazard;

[2] Shall certify that the orientation of the billboard had been evaluated to mitigate potential negative impacts to residentially zoned or residential property.

(vii) Electronic graphic display billboards (EGD billboards). Electronic graphic display billboards are permitted by special exception in the HC-1 (Highway Commercial - Special Height Limitation) Zoning District subject to the following minimum standards and criteria:

[1] At least 10 seconds shall elapse between static images.

[2] Maximum transition time between successive static images shall be one second and dissolving or fading of static images shall not be permitted.

[3] EGD billboards may not include lighting devices forming part of the message or border, video or scrolling messages.

[4] In the event of a malfunction, a default mechanism shall freeze the image in one position.

[5] Automatic dimming and brightness. EGD billboards shall be equipped with automatic dimming technology which automatically:

[a] Dims the luminance during ambient low-light and nighttime (dusk to dawn) conditions to 150 nits or less during the period 30 minutes after sunset to 30 minutes before sunrise.

[b] Limits the luminance during daylight conditions to 5,000 nits provided that the luminance at no time exceeds 0.3 footcandles of light above the normal ambient light levels.

[c] A certification from the EGD billboard manufacturer verifying that the EGD billboard is equipped with automatic dimming technology in accordance with this subsection shall be submitted with the building permit application.

[d] The illumination level shall not exceed 0.5 footcandles on any adjoining property that is residentially zoned or contains a residential use.

[e] An operation test report shall be submitted as part of the final inspection certified by an electrical or professional engineer that the sign complies with the luminance requirements of this subsection.

[6] EGD billboards shall not be located within 1,000 feet of interchange entrance or exit ramps, or freeway traffic merging lanes measured from the point where the ramp or merging lane taper terminates along the priority road.

(viii) A billboard designed to be viewed from the following traffic routes: (a) United States Interstate 78; (b) Northeast Extension of the Pennsylvania Turnpike; (c) United States Route 22; and (d) Pennsylvania Route 309 between United States Interstate 78 and Walbert Avenue (excluding tracts or lots abutting residentially zoned districts) (hereinafter individually and collectively referred to as the "designated highways") shall:

[1] Have a maximum surface area of 675 square feet, and each such billboard shall have one face, except that billboards with two parallel and opposing faces, each having a maximum surface area of 675 square feet, may be permitted.

[2] Have a maximum height of 35 feet as measured from the lowest grade directly under the billboard or the grade of the adjacent traffic route, whichever is lower.

(ix) A billboard designed to be viewed from a traffic route other than one of the designated highways shall:

[1] Have a maximum surface area of 200 square feet per face, as permitted by one of the following three subsections below:

[a] A billboard located on corner lots shall be permitted two faces, each face designed to be viewed from a different single road fronting the lot.

[b] A billboard fronting roads permitting two-way traffic shall be permitted two parallel and opposing faces designed to be viewed by both directions of traffic on a fronting road.

[c] A billboard shall be permitted one face designed to be viewed from a fronting road.

[2] Have a maximum height of 25 feet as measured from the lowest grade directly under the billboard or the grade of the adjacent traffic route, whichever is lower.

[3] Be situated in a front yard with at least 700 feet of abutting public road frontage.

[4] Be separated from any other freestanding sign requiring a permit by at least 200 feet.

[Amended 9-20-2017 by Ord. No. 1024]

(6) 350-48(b)(6) Boarding house.

(A) Definition: A residential use that is operated by a permanent resident of the property and provides lodging to a maximum of 10 guests for compensation, with or without food. For purposes of this chapter, this definition does not include a bed-and-breakfast, community shelter, or group home.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception	X	X	X	X	X	X	X	X	X		X	X	X	X			X
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for the residential use, plus 1.0 space per guestroom.

(E) Additional regulations: Where so noted in Subsection (b)(6)(C) above, a boarding house shall be permitted by special exception subject to the minimum standards and criteria set forth in § 350-41(d). If the boarding house establishment is located within a residential zoning district, the boarding house shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) The number of guests shall be limited to two per night.

(ii) No retail display or advertising shall be visible from outside the premises.

(iii) At least one owner-operator of the boarding house shall be an occupant of the dwelling.

(iv) There shall be no separate cooking facilities in any guestroom.

(7) 350-48(b)(7) Body art establishment.

(A) Definition: An establishment where the work of tattooing or body piercing is conducted for a fee.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary											X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every 200 square feet of total floor area or 1.0 space per employee on the largest shift and 2.0 spaces per customer service station, whichever is greater.

(E) Additional regulations: None.

(c) Uses starting with the letter "C."

(1) 350-48(c)(1) Cemetery.

(A) Definition: A use, the primary function of which is the interment of human remains.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary		X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every 200 square feet of total enclosed floor area open to the public, plus 1.0 space per employee on the largest shift.

(E) Additional regulations: None.

(2) 350-48(c)(2) Clubhouse or lodge.

(A) Definition: A meeting place for a nonprofit, religious, fraternal, and/or community-service organization that caters principally to members and their guests, except that the periodic rental of the premises to nonmembers shall be expressly permitted, unless better defined elsewhere in this chapter.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X				X	X
Accessory
Special exception	X	X	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per 75 square feet of total floor area.

(E) Additional regulations: Where so noted in Subsection (c)(2)(C) above, a clubhouse or lodge shall be permitted by special exception in the zoning districts subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) The applicant shall submit criteria for membership within the organization owning, managing, or otherwise controlling the clubhouse or lodge. Should the clubhouse or lodge not be owned, managed or controlled by a nonprofit, religious, fraternal, and/or community-service organization, the applicant shall submit criteria for membership within the organization or organizations that would be the primary users of the clubhouse or lodge.

(ii) The applicant shall demonstrate a common bond between the members of such organizations to which Subsection (c)(2)(E)(i) above applies.

(iii) The applicant shall demonstrate adequate screening of driveways, parking areas and areas of outdoor public assembly from adjoining residential uses.

(iv) Except during religious services, no alcoholic beverages are to be served on the property upon which a clubhouse or lodge is established.

(3) 350-48(c)(3) Commercial camp.

(A) Definition: Facility for the temporary parking of recreation vehicles, the pitching of tents, or facility including cabins and/or tents for temporary occupancy.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception	X	X	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 per employee.

(E) Additional regulations: Where so noted in Subsection (c)(3)(C) above, a commercial camp shall be permitted by special exception in the zoning districts subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) A permanent building shall be on the premises, which is capable of containing all of the persons who can reasonably be anticipated to be at the camp at any one time including owner/operator, employees and guests or campers. The purpose of such building is to provide emergency shelter in the event of extreme weather or other circumstances making such shelter desirable. The dwelling of the owner/operator or the structure containing sanitary facilities except for individual water closet enclosures may qualify in meeting this requirement.

(ii) No two permanent structures within the camp shall be closer to each other than 20 feet and no permanent structure shall be closer to an interior roadway than 10 feet. Camp or trailer sites shall be of sufficient size to maintain at least 35 feet between tents, trailers, or other recreation vehicles.

(iii) No improved parking area shall be required for commercial campsites or cabins. The arrangement of the campsites or cabins and facilities shall be designed to provide ample space for the parking of at least one vehicle for each campsite or cabin plus one space for each employee at the camp office.

(4) 350-48(c)(4) Commercial car wash.

(A) Definition: The building or portion thereof for the manual or mechanical washing of vehicles.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary													X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.5 spaces per employee on the largest shift, plus 1.0 space at every vacuum station and/or detailing station.

(E) Additional regulations:

(i) The site for mechanized commercial car washes shall provide for stacking of at least six vehicles per bay, plus required employee parking, and an additional three drying spaces per bay.

(ii) The repair, rental or sale of any kind of vehicle is prohibited at commercial car washes.

(5) 350-48(c)(5) Communication facility, cellular.

(A) Definition: A use, the primary function of which is to create a cell within a cellular communications network, which may be characterized by antennae placed on a radio mast, tower or other elevated location and nearby associated electronics communication and supporting equipment.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Conditional use

(D) Minimum off-street parking calculations: At least two standard off-street parking spaces shall be available at each tower or antenna.

(E) Additional regulations:

(i) Additional definitions for this section:

ALTERNATIVE TOWER STRUCTURE

Man-made trees, clock towers, bell steeples, light poles, farm silos, windmills, flagpoles, and similar nontraditional mounting structures for antennas or towers that camouflage or conceal the presence of such antennas or towers. Such structures shall not be subject to § 350-48(c)(5)(E)(vi)[2][d][i], "Table 1 - Visual Isolation Distances." Such devices and structures shall not be deemed to be a "public utility" or "public use."

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building, or structure, and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, or other communication signals. Such devices shall not be deemed to be a "public utility" or "public use."

BACKHAUL NETWORK

The lines that connect a provider's towers/cell sites to either one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. Such lines shall not be deemed to be either a "public utility" or a "public use."

COMMERCIAL CENTER

A commercial coordinated development or single commercial property with a total area of at least 10 acres.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

HEIGHT OF A TOWER

When referring to a tower or other structure, used or to be used in wireless communications, the maximum distance measured from the original grade or elevation at the perimeter of the tower or other structure, to the highest point on the tower or other structure, including the base pad and any antenna, but excluding the lightning rod. If the base of the tower or other structure is not on ground level, then the height of a tower shall include the base of the building or other structure to which the tower is attached.

INSTITUTIONAL USE

See § 350-05, Definitions.

PREEXISTING TOWERS and PREEXISTING ANTENNAS

Any tower or antenna for which a building permit, special use permit, or a zoning permit has been properly issued prior to the effective date of this chapter, including such permitted towers or antennas that have not yet been constructed, so long as such approval is current and has not expired; or other tower or antenna which has been lawfully constructed, erected, or installed in South Whitehall Township.

STEEL UTILITY STRUCTURE

A steel pole or structure owned by a PUC-regulated utility.

SUBSTANTIAL CHANGE

To increase the height of a tower by more than 10%, or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater, except that the mounting of the proposed antenna may exceed the size limits set forth herein if necessary to avoid interference with existing antennas.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio, and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, personal communications services ("PCS") towers, alternative tower structures, and the like. The term includes the structure and any support thereto. Such structures shall not be deemed to be a "public utility" or "public use."

(ii) Applicability.

[1] New towers and antennas. All new towers or antennas in South Whitehall Township shall be subject to the regulations in this § 350-48(c)(5)(E)(ii), except as provided in Subsection (c)(5)(e)(ii)(b), (c), (d) and (e) immediately below.

[2] Amateur radio station operators and "receive-only" antennas. This § 350-48(c)(5) shall not govern any tower, or the installation of any antenna, that is:

[a] Under 50 feet in height, and is owned and operated solely by one or more federally licensed amateur radio station operators; or

[b] Used exclusively for "receive-only" antennas.

[3] Customer-use only small antennas and dishes. Sections 350-24 and 350-48(c)(5), (6) and (7) shall not govern any non-provider antenna or dish that is:

[a] Under 1,220 square inches in receiving and transmitting surface area; and

[b] Used for customer end use only, for applications such as but not limited to cell phones, television and radio satellite reception, and wireless fidelity internet reception.

[4] Modifications, replacements and co-locations to preexisting towers or antennas that:

[a] Do not substantially change the physical dimensions of the tower; provided, however that any further increase in the height of a tower which has already been substantially changed in accordance with the provisions of this § 350-48(c)(5) shall not occur without Township approval;

[b] Do not further increase the height of the tower which has already been extended by more than 10% of its originally approved height or the height of one additional antenna array;

[c] Do not increase the dimensions of the equipment compound;

[d] Comply with the applicable conditions of approval for the initial facility; and

[e] Do not exceed the applicable wind loading and structural loading requirements of the tower, as certified in writing by an engineer or design specialist.

[5] Preexisting towers or antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this § 350-48(c)(5)(E)(iii), General requirements for new towers and antennas.

(iii) General requirements for new towers and antennas.

[1] Principal or accessory use. Antennas and towers may be considered as either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. Unmanned equipment cabinets, shelters, or structures shall be considered to be accessory uses within such lot.

[2] Lot size. For purposes of determining whether the installation of a tower or antenna on a certain lot complies with zoning district regulations, including but not limited to setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. However, the minimum area within such lot that shall be devoted exclusively to the tower use shall be 2,500 square feet.

[3] Inventory of existing sites. Each applicant for an antenna and/or tower where the applicant had previously not owned, leased or operated an antenna or tower shall provide to the Zoning Officer an inventory of applicant's existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of South Whitehall Township or within five miles of the border thereof, including specific information about the locations, height, and type of each tower. The Zoning Officer may share such information with other applicants applying for permits under this § 350-48(c)(5), or other organizations seeking to locate antennas within the jurisdiction of South Whitehall Township; provided, however, that the Zoning Officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

[4] Aesthetics. Towers and antennas shall meet the following requirements:

[a] Finish/paint: Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

[b] Design to blend: At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

[c] Color to match structure: If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment shall be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

[5] Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall cause the least disturbance to the surrounding views.

[6] Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in and outside South Whitehall Township, irrespective of municipal and county jurisdictional boundaries.

[7] Non-essential services. Towers and antennas shall be regulated or permitted pursuant to this § 350-48(c)(5) and shall not be regulated or permitted as essential services, public utilities, or private utilities.

[8] Public notice. For purposes of this § 350-48(c)(5), any permit application or hearing shall require public notice to all abutting property owners, and to all property owners of properties that are located within the corresponding separation distance listed in § 350-48(c)(5)(E)(vi)[2][d][i], "Table 1 - Visual Isolation Distances," in addition to any notice otherwise required by law.

[9] Signs. No signs shall be allowed on an antenna or tower, except those required by law or regulation.

[10] Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of § 350-48(c)(5)(E)(viii) (relating to buildings or other equipment structures).

[11] Preference for multiple antennas/towers/users. South Whitehall Township encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites within the Township, or multiple users on the same tower.

[12] Maximum height. The height of any new tower shall not exceed 150 feet in any event, including the grant of a variance by the Zoning Hearing Board.

[13] Township and EMS use. The Zoning Hearing Board may require that an applicant reserve space on any tower for use by the Township or any Township EMS provider.

(iv) Types and locations of permitted uses:

[1] General rule. No new tower or antenna shall be permitted anywhere in the Township, except as further set forth below under this Subsection (c)(5)(E)(iv), or pursuant to § 350-48(c)(5)(E)(ii)[2] and [3] above.

[2] Permitted uses, township and authority lands; not parks. Antennas or towers located on property owned, leased, or otherwise controlled by South Whitehall Township or the South Whitehall Township Authority are deemed permitted without further zoning approval, provided that the Township or the Authority (as the case may be) has, in its sole discretion, entered into an agreement, license, or lease for such a tower or antenna. Under no circumstances shall any such new tower(s) or antenna(s) be permitted in any parklands, regardless of ownership or jurisdiction, which are situated within the Township.

[3] Administratively approved uses. Antennas to be attached to existing structures or towers may be approved in accordance with § 350-48(c)(5)(E)(v) hereof.

[4] Special exceptions.

[a] By zoning district: New towers shall be permitted in the I, IC-1, and HC-1 Zoning Districts, and on lands owned by a PUC-regulated public utility, as a special exception use, in strict accordance with § 350-48(c)(5)(E)(vi) and (vii) hereof.

[b] By site criteria: Monopoles and alternative tower structures shall be permitted in other zoning districts of the Township as a special exception use, in strict accordance with § 350-48(c)(5)(E)(vi) and (vii) hereof, and subject to the following provisions:

[i] Institutional sites having at least 12 acres shall be permitted alternative tower structures with a maximum height of 50 feet.

[ii] Institutional sites having at least 25 acres shall be permitted alternative tower structures with a maximum height of 100 feet. Monopoles shall be permitted at height not to exceed 100 feet provided they meet the requirements of § 350-48(c)(5)(E)(vi)[2][d][i], "Table 1 - Visual Isolation Distances," and § 350-48(c)(5)(E)(vi)[2][d][ii], "Table 2 - Minimum Separation Distances From Nearby Towers."

[iii] Commercial centers having at least 15 acres, and which abut a limited access highway, shall be permitted alternative tower structures reaching a maximum height of 100 feet. Monopoles shall be permitted at a maximum height of 100 feet, provided they meet the requirements of § 350-48(c)(5)(E)(vi)[2][d][i], "Table 1-Visual Isolation Distances," and § 350-48(c)(5)(E)(vi)[2][d][ii], "Table 2 - Minimum Separation Distances From Nearby Towers." Alternative tower structures and monopoles shall not be permitted in a front yard that abuts a local or collector street.

[iv] Commercial centers having at least 15 acres, which do not abut a limited access highway, shall be permitted alternative tower structures with a maximum height of 70 feet. Alternative tower structures shall not be permitted in a front yard abutting a local street.

[v] The Commercial Recreation zone shall be permitted alternative tower structures with a maximum height of 100 feet.

[vi] Legally licensed junk yards and landfills having at least 10 acres shall be permitted monopoles with a maximum height of 100 feet which meet the requirements of § 350-48(c)(5)(E)(vi)[2][d][i], "Table 1 - Visual Isolation Distances," and § 350-48(c)(5)(E)(vi)[2][d][ii], "Table 2 - Minimum Separation Distances From Nearby Towers."

[c] Modification of existing towers or alternative tower structures for additional height: Existing towers and alternative tower structures may be modified one time to a greater height, not to exceed 20 feet over the tower's previously existing height, to accommodate the co-location of an additional antenna. The modified tower or alternative tower structure shall meet all relevant setback requirements of this chapter. Any application to modify an existing tower or alternative tower structure shall not be submitted before the completion of construction of the existing tower or alternative tower structure.

(v) List of administratively approved uses. The Zoning Officer may approve and issue permits for the construction, erection, and installation of antennas on existing structures or towers, after performing an administrative review to assure compliance with the terms of Subsection (c)(5)(E)(v)[1][a] or [b] immediately below, as the case may be:

[1] Antennas on existing structures other than towers.

[a] Antennas on existing structures other than towers: Any antenna which is not attached to a tower may be approved by the Zoning Officer as an accessory use to any steel utility structure carrying power lines energized to 50 kilovolts or more, or building which is used for either commercial, industrial, professional, or institutional uses, provided that the antenna does not extend more than 25 feet above any other highest point of the building or structure.

[b] An antenna which is not attached to a tower may be approved by the Zoning Officer as an accessory use to any existing distribution utility pole or concealed within a structure, provided that:

[i] Height limitation: The antenna does not extend more than 10 feet above any other highest point of the utility pole; and

[ii] Associated equipment size limitation: The associated equipment cabinet or structure, including external appendages (such as ice shields or bridges, GPS antennas and the like), is not more than four cubic feet in volume and mounted directly to the utility pole or within the structure on which the antenna or antenna array is mounted or within an existing utility structure within 500 feet of the antenna or antenna array.

[2] Antennas on existing towers: An antenna which is attached to an existing tower or alternative tower structure may be approved by the Zoning Officer, provided that there is no increase in the tower height as a result.

[3] Modification of existing towers or alternative tower structures for additional height in the Industrial (I), Industrial-Commercial-Special Height (IC-1), and Highway-Commercial-Special Height Limitation (HC-1) Zoning Districts: Existing towers and alternative tower structures within the Industrial (I), Industrial-Commercial (IC-1), and Highway Commercial-Special Height (HC-1) Zoning Districts may be modified one time to a greater height, not to exceed 20 feet over the tower's previously existing height, to accommodate the co-location of an additional antenna, with the administrative approval of the Zoning Officer. The modified tower or alternative tower structure shall meet all relevant setback requirements of this chapter. Any application to modify an existing tower or alternative tower structure shall not be submitted before the completion of construction of the existing tower or alternative tower structure.

(vi) Special exceptions.

[1] General. The following provisions shall govern the issuance of special exceptions for towers or antennas by the Zoning Hearing Board.

[a] Required, unless otherwise permitted. If the proposed tower or antenna is neither a permitted use under § 350-48(c)(5)(E)(iv)[2] nor subject to administrative approval pursuant to § 350-48(c)(5)(E)(iv)[3] or § 350-48(c)(5)(E)(v), then a special exception shall be required for the construction, erection, or installation of a tower or the placement of an antenna in the circumstances specified in § 350-48(c)(5)(E)(iv)[4]. All other relief from strict compliance with the provisions of this chapter shall be granted only pursuant to the "variance" procedures of § 350-16(h) of this chapter.

[b] Application procedure. Applications for a special exception under this subsection shall be subject to the general procedures and requirements of Zoning Ordinance § 350-16(i), except as modified in Subsection (c)(5)(E)(vi) and (vii) of this chapter.

[c] Conditions imposed. In granting a special exception, the Zoning Hearing Board may impose conditions to the extent the Zoning Hearing Board concludes that such conditions are necessary to minimize any adverse effect(s) of the proposed tower on adjoining properties.

[d] Certified engineering information. Any information and testimony of an engineering nature that the applicant submits, whether civil, mechanical, structural, electrical, electronic, or radio frequency (RF), shall be either certified as in writing or sworn to under oath as to its accuracy by an engineer, as appropriate within such engineer's competence. For civil and structural information and testimony, the engineer shall be licensed as a "professional engineer" by the Commonwealth of Pennsylvania, unless exempted by the Professional Engineer's Registration Law,[1] as amended from time to time. All other engineering information shall be submitted by a person who holds at least an associated degree from an accredited college or technical school, and has been employed for at least two years on a full-time basis, or equivalent, in the same specialized technical field as the information or testimony which that person submits.

[1] Editor's Note: See 63 P.S. § 148 et seq., the Engineer, Land Surveyor and Geologist Registration Law.

[e] Required information and fee. An applicant for a special exception shall submit all of the information described in § 350-48(c)(5)(E)(vi)[2][b] immediately below, together with a nonrefundable fee as established from time to time by resolution of the Board of Commissioners of South Whitehall Township, before the application may be considered as complete.

[2] Towers.

[a] Information required. In addition to any information generally required from applicants for special exceptions pursuant to § 350-16(i), applicants for a special exception for a tower shall submit the following additional information:

[i] Plan requirements list: A scaled site plan clearly indicating:

	{A}	Location, type and height of the proposed tower;
	{B}	On-site land uses and zoning;
	{C}	Adjacent land uses and zoning (including when adjacent to other municipalities);
	{D}	Zoning classification of the site and all properties within the applicable separation distances set forth in § 350-48(c)(5)(E)(vi)[2][d][ii], "Table 2 - Minimum Separation Distances From Nearby Towers" below;
	{E}	Adjacent roadways and proposed means of access:
	{F}	Setbacks from lot lines;
	{G}	Elevation drawings of the proposed tower and any other structures;
	{H}	Topography;
	{I}	Parking;
	{J}	Such other information deemed by the Zoning Officer to be necessary to assess compliance with this § 350-48(c)(5) and the South Whitehall Township Zoning Ordinance.

[ii] Surveyor's description: Legal/surveyor's description of the subject site, with a tie-in to the tract or lot boundary.

[iii] Setback distances: The setback distance between the proposed tower and the nearest residential unit, the nearest lot lines of platted residentially zoned property, and the nearest unplatted residentially zoned lots.

[iv] Separation distances and information on other towers: The separation distance from other towers described in the inventory of existing sites submitted pursuant to § 350-48(c)(5)(E)(vi)[2][b], Availability of suitable existing towers, other structures, or alternative technology, shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of those other existing tower(s) and the owner/operator of the existing tower(s), if known.

[v] Landscape plan: A landscape plan showing specific landscape materials.

[vi] Fencing details: Method of fencing, finished color, and if applicable, the method of camouflage and illumination.

[vii] Description of compliance with other subsections: A description of compliance with the preceding subsections of this § 350-48(c)(5) which are listed below:

{A}

Section 350-48(c)(5)(E)(iii)[3], Inventory of existing sites; § 350-48(c)(5)(E)(iii)[4], Aesthetics; § 350-48(c)(5)(E)(iii)[5], Lighting; § 350-48(c)(5)(E)(iii)[9], Signs; § 350-48(c)(5)(E)(iii)[10], Building and support equipment; § 350-48(c)(5)(E)(vi)[2][c], Setbacks; § 350-48(c)(5)(E)(vi)[2][d], Separation distances; § 350-48(c)(5)(E)(vi)[2][e], Security fencing; § 350-48(c)(5)(E)(vi)[2][f], Landscaping; and all other applicable federal, state, and local laws.

[viii] Co-location statement: A notarized statement by the applicant as to whether the proposed tower will accommodate co-location of additional antennas for future users.

[ix] Identification of entities involved with application: identification of the legal entities providing the backhaul network for the tower(s) described in the application, and other cellular sites owned or operated by the applicant in South Whitehall Township. The applicant shall possess a minimum of one lease or commitment letter for the site from an FCC-licensed carrier.

[x] Alternatives analysis: A description of the suitability of existing towers, other structures, or alternative technology not requiring the use of towers or structures, for the telecommunications services to be provided through the proposed new tower.

[xi] Future tower analysis: A description of the feasible location(s) of future towers or antennas within South Whitehall Township, based upon existing physical, engineering, technological or geographical limitations, in the event that the proposed tower is erected.

[xii] Demonstration of need for new tower: The applicant shall submit competent and reliable documentation and testimony showing that the applicant has a genuine, imminent, expected or existing, actual need for the proposed tower, due to reasons of one or more of: inadequate or incomplete geographical coverage; insufficient capacity; unreliable service or signals; excessive number or frequency of "dropped" or uncompleted calls; or for other good cause shown.

[b] Availability of suitable existing towers, other structures, or alternative technology. New towers shall not be permitted unless the applicant demonstrates to the reasonable satisfaction of the Zoning Hearing Board that no existing tower, structure, or alternative technology that does not require the use of new towers or structures, can accommodate the applicant's proposed antenna. The applicant shall submit an inventory of all existing towers, antennas, and sites approved for towers or antennas that are known to the applicant, that are within the Township or within five miles of the border of the Township. The inventory shall include specific information about the location, height, type of construction, antenna position, and opportunities for co-location, to the extent known or reasonably obtainable by the applicant. An applicant shall submit all additional information requested by the Zoning Hearing Board related to the availability of suitable existing towers, other structures, or alternative technologies. Evidence submitted to demonstrate that no existing tower, structure, or alternative technologies can accommodate the applicant's proposed antenna may consist of any of the following:

[i] Locations: No existing towers or structures are located within the geographic area which meet applicant's radio frequency ("RF") engineering requirements;

[ii] Heights: Existing towers or structures are not of sufficient height to meet applicant's RF engineering requirements;

[iii] Structural strength: Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment;

[iv] Interference: The applicant's proposed antenna would cause unacceptable electromagnetic interference with antennas on the existing towers, or other structures would cause unacceptable interference with the applicant's proposed antenna;

[v] Unreasonable fees and costs: The fees, costs, or contractual provisions required by the owner in order to collocate on an existing tower or structure or to adapt an existing tower or structure, for co-location, are unreasonable. Fees and costs which would exceed those for new tower development are presumed to be unreasonable;

[vi] Other factors: The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable;

[vii] No alternative technologies: The applicant demonstrates that an alternative technology which does not require the use of towers or structures (e.g., a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system) is unsuitable. However, costs of alternative technology which exceed costs new tower or antenna development shall not be presumed to render the technology unsuitable.

[c] Setbacks (safety zone): Towers and alternative tower structures shall be set back from any adjoining lot line a distance equal to at least 100% of the height of the tower or alternative tower structure.

[d] Separation distances. The following minimum separation distance requirements shall apply to all towers and antennas for which a special exception is required:

[i] Separation from residential uses and zones: Tower separation shall be measured from the base of the proposed tower to the closest lot line of the residential uses and zones, and shall comply with the minimum standards established in Table 1, below.

Table 1 - Visual Isolation Distances
(Shall Not Apply to Alternative Tower Structures)
Off-Site Use/Designated Area:	Minimum Required Separation Distance*
Existing residential dwellings or uses of any type, and residentially zoned land which is either platted or has preliminary subdivision plan approval which has not expired.	200% of the height of the tower
Vacant unplatted residentially zoned lands. Includes any unplatted residential zones properties without an approved preliminary subdivision plan or other valid development plan approval.	100 feet or 100% height of tower, whichever is greater

*	From nearest lot line of the off-site use/designated area

[ii] Separation distances between towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the center of the base of the existing tower and the center of the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2, below.

Table 2 - Minimum Separation Distances from Nearby Towers
New Tower Type		Existing Towers Types
	Lattice	Monopole 75 Feet or More in Height	Monopole Less Than 75 Feet in Height
Lattice or guyed	5,000	2,500	750
Monopole 75 feet in height or greater	2,500	1,500	750
Monopole less than 75 feet in height	750	750	750

[e] Security fencing. Towers shall be enclosed by security fencing not less than eight feet in height, with an appropriate anti-climbing device [Zoning Ordinance § 350-42(e) notwithstanding].

[f] Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special exception is required.

[i] Planting screen requirements. Tower facilities shall be landscaped with a dense planting screen of evergreens which effectively screens the view of the tower compound from any residential lots or uses. The standard buffer as specified in § 350-42(b) shall be installed, except that all "planted" heights shall be six feet minimum.

[ii] Existing trees and natural features. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, existing natural growth around the lot perimeter may be a sufficient buffer.

[3] Tower modification for greater height, information required: In addition to any information generally required from applicants for special exceptions pursuant to § 350-16(i), applicants for a special exception to modify a tower or alternative tower structure for greater height shall submit additional information, per the following subsections of § 350-48(c)(5)(E)(vi)[2][a]:

[a] Plan requirements list;

[b] Surveyor's description;

[c] Setback distances;

[d] Separation distances and information on other towers;

[e] Description of compliance with other subsections;

[f] Identification of entities involved with applications; and

[g] Alternatives analysis.

(vii) Factors considered in granting special exceptions for towers. In addition to any standards for consideration of special exceptions pursuant to § 350-16(i), the Zoning Hearing Board shall consider the following factors in determining whether to issue a special exception:

[1] Height: Height of the proposed tower;

[2] Proximity to residential uses: Proximity of the proposed tower to existing residential buildings and residential zoning district boundaries;

[3] Other nearby uses: Nature of uses on adjacent and nearby properties;

[4] Topography: Surrounding topography;

[5] Foliage: The Zoning Hearing Board may allow for monopoles or alternative tower structures to reach a height of up to 50 feet greater than the height of the surrounding foliage, subject to the 150 feet maximum height of § 350-48(c)(5)(E)(iii)[12] if located on sites permitted by § 350-48(c)(5)(E)(iv)[4][b], provided that the applicant demonstrates that the monopole or alternate tower structures will not significantly alter the visual landscape. The monopole or alternate tower structures shall be erected within a stand of trees that will provide screening of at least 180° of horizontal arc centered at the base of the tower or alternate tower structures. The height of the surrounding foliage is determined by the height of the tallest tree within a one-hundred-foot radius from the base of the proposed tower or alternate tower structures;

[6] Tower design and obtrusiveness: Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

[7] Access: Proposed ingress and egress; and

[8] Alternatives analysis: Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers and structures, as discussed in § 350-48(c)(5)(E)(vi)[2][a][x].

(viii) Buildings or other equipment structures. The equipment cabinets, shelters, and structures for each carrier shall be limited to, as an aggregate, the equivalent square footage listed in the applicable subsection(s) below. External appendages, such as "ice shields or bridges," lighting, GPS antennas, and like objects, shall be excluded from the gross floor area calculation.

[1] For antennas located on towers:

[a] The related unmanned equipment cabinet, shelter, or structure shall not contain more than 300 square feet of gross floor area.

[b] The related unmanned equipment cabinet, shelter, or structure shall be a maximum of 12 feet in height.

[c] The related unmanned equipment cabinet, shelter, or structure, as well as any other accessory structures or guys, shall have a setback distance of 25 feet from any rear or side lot lines, and setback distance of 50 feet from the front lot line.

[2] For antennas mounted on utility poles or light poles:

[a] The equipment cabinet, shelter, or structure shall not contain more than 300 square feet of gross floor area.

[b] The equipment cabinet, shelter, or structure shall not be more than 12 feet in height.

[c] The equipment cabinet, shelter, or structure shall not be located within the street right-of-way or any clear-sight triangles.

[3] For antennas mounted on structures or buildings: The equipment cabinet, shelter, or structure used in association with antennas which are mounted on a building or structure may be mounted on the roof of said building or structure provided the following conditions are met. Should any or all of the following conditions not be met, then the equipment cabinet, shelter or structure shall be located either on the ground in accordance with Subsection (c)(5)(E)(viii)[3][a] hereof, or else within the said building or structure.

[a] The equipment cabinet, shelter, or structure shall not contain more than 100 square feet of gross floor area.

[b] The equipment cabinet, shelter, or structure shall not be more than 10 feet in height.

[c] The equipment cabinet, shelter, or structure shall not occupy more than 20% of the roof area.

[4] Modified screening requirements: Any equipment cabinet, shelter, or structure which is located on the ground shall be screened in accordance with § 350-42(b), except that all "as-planted" heights shall be six feet minimum, and any fence shall be eight-foot minimum height [§ 350-42(e) notwithstanding]; provided that the screening need not be installed across an access road or driveway entrance or approach, as long as said entrance or approach does not face or abut an existing residential use or building.

(ix) Financial security for maintenance and removal of abandoned antennas and towers.

[1] Financial security for maintenance and removal of tower. Before commencing any installation work, the applicant shall post and maintain with the Township financial security in an amount sufficient to cover the costs to maintain the tower in accordance with this chapter; and to remove and dispose of the tower and base down to the ground surface, and to restore the site to its previously existing condition. The amount of the financial security shall be subject to approval by the Township Engineer, and shall be subject to adjustment from time to time to reflect changes in costs. The form of the financial security shall be in accordance with Pennsylvania Municipalities Planning Code ("MPC") Section 509(c) [53 P.S. § 10509(c)]. The administration of the financial security shall be in accordance with Sections 509 and 510 of the said MPC, except that failure of the applicant (or its successor) to furnish replacement or substitute financial security at least 30 days before the expiration of any financial security shall be sufficient reason for the Township to withdraw the financial security for this purpose.

[2] Removal of abandoned antennas and towers. Any antenna or tower that is not operated, and for which there is no intent or attempt to operate, for a continuous period of time of 12 months shall be presumed to be abandoned. The owner of such antenna or tower shall remove the same within 90 days after receipt of written notice from South Whitehall Township notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said 90 days shall be sufficient grounds for the Township to remove the tower or antenna, at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all such users have abandoned the tower or antenna.

(x) Nonconforming uses.

[1] Preexisting towers. Preexisting, nonconforming towers shall be allowed to continue their use as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter.

[2] Rebuilding damaged or destroyed nonconforming towers or antennas. Notwithstanding § 350-48(c)(5)(E)(ii)[3], bona fide nonconforming towers or antennas that are damaged or destroyed may be restored in like kind without having to meet the separation requirements specified in § 350-48(c)(5)(E)(vi)[2][d]. The type, height, and location of the restored tower shall be the same and the intensity of the antenna array as the original previously existing tower. Building permits to rebuild the tower or antenna shall comply with the then-applicable building codes, and shall be obtained within 90 days from the date the tower or antenna is damaged or destroyed. If no permit is obtained or if said permit expires, then the tower or antenna shall be deemed abandoned as specified in § 350-48(c)(5)(E)(x)[2] hereof.

(6) 350-48(c)(6) Communication facility, radio and television (nonresidential).

(A) Definition: A use, the primary function of which is to receive or receive and transmit electro-magnetic communications signals in support of a commercial establishment or venture.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory									X	X	X	X	X	X	X	X	X
Special Exception
Conditional Use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Applicability.

[1] Amateur radio station operators and "receive-only" antennas. This § 350-48(c)(6) shall not govern any tower, or the installation of any antenna, that is:

[a] Under 50 feet in height, and is owned and operated solely by one or more federally licensed amateur radio station operators; or

[b] Used exclusively for "receive-only" antennas.

[2] Customer-use only small antennas and dishes. Sections 350-24 and 350-48(c)(6) shall not govern any non-provider antenna or dish that is:

[a] Under 1,220 square inches in receiving and transmitting surface area; and

[b] Used for customer-end use only, for applications such as but not limited to cell phones, television and radio satellite reception, and wireless fidelity internet reception.

(ii) TV dish antennas.

[1] Permit required. All antennas measuring greater than 1,220 square inches shall be subject to the Zoning Officer's issuance of a zoning permit.

[2] Permit requirements. All applications shall be accompanied by a complete set of plans and specifications, including a plot plan showing the location of the proposed antenna with respect to adjoining rights-of-way, lot lines and buildings.

[a] Any application for a permit to erect an antenna of 10 feet or more in diameter shall also be accompanied by additional specifications including footings, dead load (plus ice load), and wind load (uplift) specifications, which shall be sufficient to establish that the antenna is properly secured.

[3] Location. All antennas, constructed pursuant to a permit hereunder, shall conform to the following regulations:

[a] No antenna shall be located in the front yard of a lot or in the street side yard of a corner lot in a rural residential and agricultural zoning district, a residential zoning district, or in a neighborhood commercial zoning district.

[b] All antennas are subject to the setback and height requirements contained in § 350-24(c) of this chapter regarding such antennas.

[4] Intent. No antenna located in a residential zoning district shall be used for commercial purposes.

[5] Size. No antenna shall exceed 12 feet in diameter.

[6] Height limitation. No antenna located on any roof shall exceed an overall height of 10 feet above the highest point of the roof.

[7] Temporary placement. An antenna may be placed in a rear yard on a trial basis for a period not exceeding 10 days without the necessity of obtaining a zoning permit.

[8] Screening. Antennas shall be properly screened on at least three sides so as to obscure their visibility from abutting property owners. No screening shall be required for roof-mounted antenna or in the front of an antenna which creates reception interference or prevents a shift in the position of such antenna.

[9] Inspection. All antennas shall be subject to periodic inspection by the Zoning Officer, or designated agent, to determine compliance with the provisions of this chapter regulating such antennas.

(7) 350-48(c)(7) Communication facility, residential.

(A) Definition: A use, the primary function of which is to receive or receive and transmit electro-magnetic communications signals as an ancillary use to a residential use.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Applicability.

[1] Amateur radio station operators and "receive-only" antennas. This § 350-48(c)(7) shall not govern any tower, or the installation of any antenna, that is:

[a] Under 50 feet in height, and is owned and operated solely by one or more federally licensed amateur radio station operators; or

[b] Used exclusively for "receive-only" antennas.

[2] Customer-use only small antennas and dishes. Sections 350-24 and 350-48(c)(7) shall not govern any non-provider antenna or dish that is:

[a] Under 1,220 square inches in receiving and transmitting surface area; and

[b] Used for customer-end use only, for applications such as but not limited to cell phones, television and radio satellite reception, and wireless fidelity internet reception.

(ii) TV dish antennas.

[1] Permit required. All antennas measuring greater than 1,220 square inches shall be subject to the Zoning Officer's issuance of a zoning permit.

[2] Permit requirements. All applications shall be accompanied by a complete set of plans and specifications, including a plot plan showing the location of the proposed antenna with respect to adjoining rights-of-way, lot lines and buildings.

[a] Any application for a permit to erect an antenna of 10 feet or more in diameter shall also be accompanied by additional specifications including footings, dead load (plus ice load), and wind load (uplift) specifications, which shall be sufficient to establish that the antenna is properly secured.

[3] Location. All antennas, constructed pursuant to a permit hereunder, shall conform to the following regulations:

[a] No antenna shall be located in the front yard of a lot or in the street side yard of a corner lot in a rural residential and agricultural zoning district, a residential zoning district, or in a neighborhood commercial zoning district.

[b] All antennas are subject to the setback and height requirements contained in § 350-24(c) of this chapter regarding such antennas.

[4] Intent. No antenna located in a residential zoning district shall be used for commercial purposes.

[5] Size. No antenna shall exceed 12 feet in diameter.

[6] Height limitation. No antenna located on any roof shall exceed an overall height of 10 feet above the highest point of the roof.

[7] Temporary placement. An antenna may be placed in a rear yard on a trial basis for a period not exceeding 10 days without the necessity of obtaining a zoning permit.

[8] Screening. Antennas shall be properly screened on at least three sides so as to obscure their visibility from abutting property owners. No screening shall be required for roof-mounted antenna or in the front of a antenna which creates reception interference or prevents a shift in the position of such antenna.

[9] Inspection. All antennas shall be subject to periodic inspection by the Zoning Officer, or designated agent, to determine compliance with the provisions of this chapter regulating such antennas.

(8) 350-48(c)(8) Community mailbox structure.

[Added 3-20-2019 by Ord. No. 1044[2]]

(A) Definition: A structure or building, the primary function of which is the centralized collection and/or distribution of mail.

(B) Use classification: commercial, industrial, institutional, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off -street parking calculations: 1.0 space per every 30 mailboxes, or fraction thereof, provided. The minimum off-street parking requirement may be reduced by the number of on-street parking spaces available that meet the following conditions:

(i) The fronting street is designated as a local street.

(ii) The entirety of the parking space (22 feet in length for parallel parking) is within the frontage of the lot containing the community mailbox structure.

(iii) The community mailbox structure is the primary use on the lot, or is an accessory use to an open space use or a stormwater management facility use.

(E) Additional regulations: none.

[2] Editor's Note: This ordinance also redesignated former Subsection (c)(8) through (12) as Subsection (c)(9) through (13), respectively.

(9) 350-48(c)(9) Community shelter.

(A) Definition: A residence providing food, shelter, medical care, legal assistance, job training, and/or other services to persons who temporarily require shelter and assistance in order to protect their physical or psychological welfare. Such shelter shall not include housing for treatment of drug or alcohol addiction or correctional facilities.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception														X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every guest room, plus 1.0 space per employee on the largest shift.

(E) Additional regulations: Where so noted in Subsection (c)(8)(C) above, a community shelter shall be permitted by special exception subject to the minimum standards and criteria set forth in § 350-41(d).

(10) 350-48(c)(10) Concentrated animal feeding operation.

(A) Definition: An agricultural operations where animals are kept and raised in confined situations and meet the US Environmental Protection Agency's regulatory definition for a large, medium or small CAFO.

(B) Use classification: Agricultural.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception	X	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift), plus three oversized spaces per loading dock.

(E) Additional regulations: Where so noted in Subsection (c)(9)(C) above, a concentrated animal feeding operation shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Minimum lot area: 50 acres.

(ii) All buildings used for the housing of livestock or poultry shall be provided with a solid concrete slab or slotted floor. If expert testimony is provided demonstrating that a dirt or ground floor will not have any adverse effects, the Zoning Hearing Board may authorize a dirt or ground floor by special exception.

(iii) All buildings used for the housing of livestock or poultry shall be equipped with the most advanced technological equipment, machinery, mechanisms, processes and/or devices for the purpose of reducing and/or controlling odors, insects and other environmental and pollution problems.

(iv) Any area used for the housing, feeding, watering and/or outdoor exercise of livestock or poultry shall be set back at least 400 feet from all street rights-of-way and lot lines; 600 feet from any residential district; and 300 feet from an existing residence, except for a residence on the same lot as the commercial livestock operation or commercial poultry operation.

(v) The applicant shall furnish qualified evidence that the proposed use has an approved nutrient management plan that complies with Title 25, PA Code, "Environmental Protection," Chapter 83, Subchapter D, "Nutrient Management Rules and Regulations." All subsequent operations on the site shall be required to strictly adhere to this approved nutrient management plan.

(vi) The applicant shall furnish evidence from the Lehigh County Conservation District that the proposed use has an approved conservation plan.

(vii) Maximum lot coverage: 10%.

(11) 350-48(c)(11) Coordinated development.

(A) Definition: Two or more uses permitted in the appropriate Zoning District Schedules that are developed in accordance with a unified site plan and architectural scheme, and are either in a single ownership or are legally bound to conform to the aforementioned required unified site plan and architectural scheme. This definition also includes specific types of coordinated developments, such as office parks, retirement facilities, and shopping centers. The regulations for coordinated developments apply to the specific types of coordinated developments, unless otherwise superseded by the regulations of any particular specific coordinated development. This definition does not permit the establishment of a use within a coordinated development that would not otherwise be permitted in accordance with this chapter, nor does it abrogate any requirements of any individual use proposed within the coordinated development that are in accordance with this chapter.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X	X	X	X
Accessory
Special exception
Conditional use

(D) Off-street parking calculations: For any coordinated development that is not considered to be a shopping center or an office park, the standard parking space requirements are calculated by totaling the individual uses within the coordinated development, and then applying the following modifiers:

(i) For coordinated developments of 25,000 square feet or more, but less than 75,000 square feet, of primary use area, reduce the parking requirement by 10%.

(ii) For coordinated developments of 75,000 square feet or more of primary use area, reduce the parking requirement by 15%.

(iii) Plus off-street large and oversized parking spaces and loading zones as required by each individual use.

(E) Additional regulations:

(i) All development shall be in accordance with a unified site plan and architectural scheme. Said plan and/or its amendments shall be approved by the Township.

(ii) Satisfactory assurance shall be given that initial construction will comprise not less than 50% of the planned total construction as measured in terms of the gross floor area of the buildings to be built.

(iii) It shall not be required that the whole of the development be in a single ownership or built and financed by a single party, if satisfactory evidence is given that all parties financially or otherwise concerned in the development are legally bound to conform to the above required unified site plan and architectural scheme.

(iv) The combined development shall be considered as a single tract when providing driveways and parking in accordance with §§ 350-37 and 350-38.

(v) The combined development shall be considered as a single tract with regard to setbacks, unless divided by public streets. If divided by public streets, each part of the tract so divided is to be considered a single tract with regard to setbacks. Should the area of the coordinated development tract fall under more than one zoning district, the greater of the appropriate setbacks shall be used for the entire coordinated development tract.

(vi) For additional signage regulations, see § 350-48(s)(10), Signs. Section 350-48(s)(10)(E)(x) shall not apply to signs in coordinated developments. Signs shall be permitted in accordance with § 350-48(s)(10)(E)(xi) and (xii), as appropriate, except with respect to motor vehicle service facilities, which may be permitted additional signs as described in § 350-48(m)(9).

(12) 350-48(c)(12) Correctional facility.

(A) Definition: A public or privately owned and operated facility or institution designed to provide living accommodations for persons who are incarcerated.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception																	X
Conditional use

(D) Minimum off-street parking calculations: 0.1 space for every bed, plus 1.0 space per employee on the largest two shifts, plus calculated parking requirements for any areas of public assembly, such as court rooms, meeting rooms or similar, plus three oversized spaces per loading dock.

(E) Additional regulations: Where so noted in Subsection (c)(11)(C) above, a correctional facility shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) No correctional facility shall be located within one mile of another existing correctional facility. The one-mile setback shall be measured from the lot line to lot line of each use.

(ii) No correctional facility shall be constructed within 250 feet of a residence or residentially zoned lot, nor within 1,000 feet of a school, place of worship, playground, park, camp, community center, child day-care center or other area where minor children assemble or congregate. This setback shall be measured from lot line to lot line.

(13) 350-48(c)(13) Crematorium.

(A) Definition: A use, the primary function of which is the reduction of dead bodies to ashes by burning.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception		X	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift), plus calculated parking requirements for any areas of public assembly, such as chapels, meeting rooms or similar, plus three oversized spaces per loading dock.

(E) Additional regulations:

(i) Crematoriums shall be set back 250 feet from any lot line.

(ii) Where so noted in Subsection (c)(12)(C) above, a crematorium shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

[1] The applicant shall demonstrate that the operation of the crematorium shall occur during hours which shall not negatively impact the adjoining properties due to traffic, noise or odors.

(d) Uses starting with the letter "D."

(1) 350-48(d)(1) Dairy and food processing and distribution.

(A) Definition: None.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary																X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift), plus three oversized spaces per loading dock.

(E) Additional regulations: None.

(2) 350-48(d)(2) Day-care center.

(A) Definition:

(i) Primary use. A day-care facility that is the primary use of a site and is licensed by the commonwealth to provide care to seven or more children (child day-care center) or four or more adults (adult or elder day-care center) at any one time.

(ii) Accessory use. A day-care facility that is the accessory use of a site and is licensed by the commonwealth to provide care to seven or more children at any one time, where all of the children being cared for are children of persons employed on the premises.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X		X
Accessory									X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee including all persons involved in the daily or periodic operation of the facility plus one space for each 500 square feet of floor area.

(E) Additional regulations:

(i) Outdoor play areas shall not be located within the front yard and shall be set back a minimum of 10 feet from all lot lines. Outdoor play areas shall be completely enclosed by fence with a minimum height of four feet, and screened from adjoining residentially zoned properties. All outdoor play areas shall provide a means of shade such as a shade tree(s) or pavilion(s).

(ii) Where such day-care center is a primary use, the following standards shall apply:

[1] Loading and unloading. Each facility shall provide a loading and unloading area immediately adjacent to the primary building or a pedestrian walkway. Loading and unloading areas shall be designated by pavement markings and freestanding signs and shall be at minimum 60 feet in length and 10 feet in width.

[2] Pedestrian walkways. Where the loading and unloading area accesses a pedestrian walkway rather than the primary building, the walkway shall not be interrupted before terminating at the primary building. Such walkway shall be set back a minimum of 25 feet from street ultimate right-of-way lines.

[3] Vehicle stacking. Including the loading and unloading area, each facility shall provide a vehicle stacking area on the lot for a minimum of five vehicles.

[4] Traffic flow. One-way traffic flow shall be provided as the sole means of access to the loading and unloading area.

[5] Speed bumps. Speed bumps shall be provided at the beginning and terminus of the loading and unloading area.

(3) 350-48(d)(3) Dwelling, apartment as part of a mixed-use building.

(A) Definition: Attached dwelling units divided both horizontally and vertically.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X			X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each dwelling unit, one large parking space for parking areas containing more than 50 standard spaces. Apartments shall provide an additional 0.25 spaces per unit for overflow parking. Such parking shall be within 300 feet of the residential units for which they are providing the overflow spaces.

(E) Additional regulations: None.

(4) 350-48(d)(4) Dwelling, apartment building.

(A) Definition: A building, other than a three-flat dwelling or townhouse, which contains three or more dwelling units which are separated horizontally and vertically, and may contain ancillary uses customarily associated with apartment buildings such as rental offices, laundry facilities and storage.

[Amended 3-20-2019 by Ord. No. 1044]

(B) Use classification: Commercial, residential.

[Amended 3-20-2019 by Ord. No. 1044]

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary								X						X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each dwelling unit, one large parking space for parking areas containing more than 50 standard spaces. Apartment buildings shall provide an additional 0.25 spaces per unit for overflow parking. Such parking shall be within 300 feet of the residential units for which they are providing the overflow spaces.

(E) Additional regulations:

[Amended 3-20-2019 by Ord. No. 1044]

(i) General regulations.

[1] The front façade of an apartment building shall not continue on the same plane for a distance of more than 70 feet. Offsets between front façade planes shall be at least four feet.

[2] Apartment buildings shall front on an improved street in accordance with § 350-42(g) or upon a courtyard or a close fronting said street.

[3] Outside service areas for storage or for the location of refuse disposal containers shall be visually screened in accordance with § 350-42(b)(4).

[4] At least 20% of the gross tract area shall be set aside for the recreational use of the residents of the apartment building(s)and their guests. The area to be set aside shall meet the open space design standards of § 350-31(g). Should the apartment building(s)be developed under an Innovation Overlay District, the appropriate Innovation Overlay District regulation applies; however, open space required in the subsections below may apply to open space requirements of the appropriate Innovation Overlay District if the said open space meets the standards for both.

[a] At least 10% of the gross tract area shall meet the design standards of § 350-31(g)(6), Active open space in the TND-Commercial Retrofit or TND-Industrial Retrofit. Such recreational sites or facilities shall be located in an area or areas which will not be detrimental to adjacent property owners by virtue of noise, light, glare or any other nuisance feature emanating from such a facility.

[b] If, due to the physical characteristics of the land, achieving the required 10 % of the gross tract area meeting the design standards of § 350-31(g)(6), Active open space in the TND-Commercial Retrofit or TND-Industrial Retrofit, is not possible, an additional 2% of the tract above the required 20% shall be set aside for the recreational use of the residents of the apartment building(s) and their guests for each percentage point below the 10% as required in Subsection (d)(4)(E)(i)[4][a] above. If the aforementioned offset is utilized, the area required to meet the design standards of § 350-36(g)(6), Active Open Space in the TND-Commercial Retrofit or TND-Industrial Retrofit, shall not be less than 5% of the gross tract area.

[c] Off-street parking requirements for open space do not apply to the open space required under this Subsection (d)(4)(E)(i)[4].

[d] Open space required under this section may be publicly dedicated in accordance with § 312-36(d)(4) or may be held in private ownership as an ancillary low-intensity recreation use.

[5] If there are other uses on the same tract, the portion of the tract for which the apartment building(s) is/are the primary use, including any required and optional open space improvements, shall be delineated, both physically and on an appropriate plan, to ensure compliance with Subsection (d)(4)(E)(i)[4] above.

(ii) Density Increases. Maximum dwelling units per gross acre, maximum units per building, and/or maximum height of building (base density requirements) may be increased above the maximum amounts specified in the appropriate Zoning District Schedule through the use of density credits as stipulated below. Density increases shall be optional and shall not be mandatory.

[1] Achieving density credits for apartment building(s).

[a] For each additional 5% of the gross tract area beyond the minimum percentage of gross tract area required in Subsection (d)(4)(E)(i)[4] above dedicated for open space, 1/2 density credit may be permitted above the base density requirements.

[b] For each additional 2.5% of the gross tract area beyond the minimum percentage of gross tract area required in Subsection (d)(4)(E(i)[4][a] above dedicated for active open space, 1/2 density credit may be permitted above the base density requirements.

[c] For each 15% of dwelling units within the apartment building(s) provided with an assigned garage, 1/2 density credit may be permitted above the base density requirements.

[d] For each 25% of dwelling units within the apartment building(s) provided with an assigned carport, 1/2 density credit may be permitted above the base density requirements.

[e] For each public bus shelter provided within the development in coordination with the local transit authority, 1/2 density credit may be permitted above the base density requirements.

[f] Where an applicant provides a recreational clubhouse for the enjoyment of residents and guests, 1/2 density credit may be permitted above the base density requirements so long as the recreational clubhouse meets the following requirements.

[i] Each recreational clubhouse shall have a minimum area of 5,000 square feet

[ii] All apartment buildings within the tract shall be within 1,320 linear feet of a recreational clubhouse, measured along improved pedestrian pathways from front door to front door.

[iii] The aforementioned requirements may be satisfied by multiple recreational clubhouses.

[2] Applying density credits. Density credits relating specifically to the apartment building(s) are to be totaled. Only full credits may be applied; partial credits are lost. Credits may be divided between any or all requirements below, or applied to a single requirement (example: if a total of 3.0 credits are achieved, 3.0 credits may be applied to one requirement, or 1.0 credit may be applied to all three requirements, or 2.0 credits applied to one and 1.0 credit applied to another).

[a] Apartment buildings may be permitted to exceed the maximum dwelling units per gross acre by one additional dwelling unit per acre per density credit, up to three additional dwelling units per acre above the listed maximum dwelling units per gross acre.

[b] Apartment buildings may be permitted to exceed the maximum dwelling units per building by up to four dwelling units per building per density credit, up to 12 dwelling units per building above the listed maximum dwelling units per building.

[c] Apartment buildings may be permitted to exceed the maximum height of building structure by up to 10 feet per density credit, up to 20 feet above the listed maximum building structure height. All portions of the building that exceed the maximum height of building structure shall have all setbacks increased by one foot for every one foot that the aforementioned portion of the building exceeds the maximum height of building structure.

(5) 350-48(d)(5) Dwelling, single detached.

(A) Definition: A single unit, not structurally attached to any other dwelling units, providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. Includes manufactured home and industrialized housing unit.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X	X	X	X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each dwelling unit.

(E) Additional regulations: None.

(6) 350-48(d)(6) Dwelling, single detached, lot averaging development option.

(A) Definition: None.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each dwelling unit.

(E) Additional regulations:

(i) Intent. The lot averaging development option is intended to provide an additional tool in the preservation of open space in the Rural Residential-3 and Rural Residential-2 Districts.

(ii) Applicability. The lot averaging development option shall be permitted as-of-right in the RR-3 and RR-2 Districts, except that when the residual open space is to be deed restricted to an agricultural use, such use shall require conditional use approval by the Board of Commissioners.

(iii) Minimum eligible lot area.

[1] RR-2 District: five acres.

[2] RR-3 District: six acres.

(iv) Use regulations. Only uses permitted as primary uses or special exception uses in the underlying district shall be permitted as a primary use or special exception use within the lot averaging development option.

(v) Maximum density. The maximum number of dwelling units permitted on a tract to be developed shall be determined by dividing the total lot area:

[1] By 80,000 square feet in the RR-2 District; or

[2] By 130,000 square feet in the RR-3 District.

(vi) Area and bulk.

Primary Use	Minimum Lot Area (square feet)	Minimum Frontage (feet)	Minimum Front Yard (feet)	Minimum Side Yard (feet)	Minimum Rear Yard (feet)	Maximum Height of Building (feet)
Single detached dwelling unit	43,560	75	35	15	50	35

(vii) General regulations.

[1] Any and all lots included in the calculation of maximum density shall be restricted from further subdivision or development by deed restriction or other agreement acceptable to the Township Solicitor and duly recorded in the Office of the Recorder of Deeds.

[2] The area that is in excess of the minimum lot area shall be deemed as open space. Such open space may be retained on one of the following options:

[a] Such open space may be retained on one of the individual residential lots created as part of the subdivision, as-of-right; or

[b] Such open space may be subdivided as its own lot, and owned and maintained in accordance with § 350-32(h), substituting "lot averaging development" for "planned residential development" when applying that section to lot averaging developments; or

[c] Where such open space is larger than five acres, such open space may be subdivided as its own lot and the Board of Commissioners, by conditional use approval, may approve the lot to be deed restricted for the raising of crops, beekeeping, grazing of animals, orchards, or other like type agricultural uses, so long as such use is set back a minimum of 50 feet from all lot lines.

(7) 350-48(d)(7) Dwelling unit, three-flat.

(A) Definition: Three-unit attached dwelling units divided horizontally. Three-flats are generally characterized by three dwelling units, each occupying one floor, served by a single street-facing outside entrance which accesses the lower floor's interior entrance and a stairwell leading to the upper floors' interior entrances. Separate rear entrances may be provided for each dwelling unit.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary							X	X	X					X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each dwelling unit.

(E) Additional regulations: None.

(8) 350-48(d)(8) Dwelling unit, townhouse.

(A) Definition: Attached dwelling units divided vertically.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary							X	X						X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each dwelling unit. Townhouses shall provide an additional 0.25 spaces per unit for overflow parking. Such parking shall be within 300 feet of the residential units for which they are providing the overflow spaces. If provided as the primary use on a separate parcel to serve a townhouse development:

(i) The off-street parking lot shall contain no fewer than six and no more than 12 parking spaces;

(ii) The underlying parcel shall be owned and maintained by a homeowners' association;

(iii) The off-street parking lot shall meet the requirements of §§ 350-42(d), 350-42(r) and 350-48(o)(2), as applicable.

(E) Additional regulations:

(i) Each dwelling unit shall be located and constructed in such a manner as to permit its ownership to be completely severed from adjacent dwelling units. This shall include the appropriate construction and location of utility entrances, and associated land in such a manner as to permit such severability.

(ii) The front facade shall not continue on the same plane for a distance of more than 50 feet. Offsets between front facade planes shall be at least four feet.

(iii) A maximum of eight townhouse units shall be constructed in one group.

(iv) All townhouses shall be accessed via alleys located to the rear of the dwellings.

(9) 350-48(d)(9) Dwelling unit, twin.

(A) Definition: two attached dwelling units divided vertically.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary						X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each dwelling unit.

(E) Additional regulations: None.

(10) 350-48(d)(10) Dwelling unit, two-flat.

(A) Definition: two attached dwelling units divided horizontally. Two-flats are generally characterized by two dwelling units, each occupying one floor, served by a single street-facing outside entrance which accesses the lower floor's interior entrance and a stairwell leading to the upper floor's interior entrance. Separate rear entrances may be provided for each dwelling unit.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary						X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each dwelling unit.

(E) Additional regulations: None.

(e) Uses starting with the letter "E."

(1) 350-48(e)(1) Electric vehicle charging station.

(A) Definition: A nonresidential accessory use characterized by equipment for the purpose of recharging battery-operated electric motor vehicles which is accessible from a parking space in an off-street parking lot or parking garage and is operated by the operator of the vehicle utilizing the equipment. This use shall also include charging stations established for the recharging of battery-operated electric motor vehicles associated with the operation of the associated primary use. This use shall not be interpreted to include any motor vehicle service activities. This use shall not be interpreted to include the noncommercial recharging of battery-operated electric motor vehicles on a residential property, which is considered to be ancillary to the residential use. The parking spaces from which the charging station may be accessed shall not be restricted to vehicle charging-only parking. If the parking spaces from which the charging station may be accessed are restricted in opposition to the preceding sentence, those spaces shall not be counted within the total off-street parking spaces required by the provisions of § 350-48(o)(2) by the associated primary use.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(2) 350-48(e)(2) Emergency response service facility.

(A) Definition: A building or buildings that is used by organizations specializing in responses to emergency or life-threatening situations, such as but not limited to fire companies, ambulance services, paramedical organizations, search and rescue organizations and disaster recovery organizations. The building, buildings or structures associated with the emergency response service facility may include emergency vehicle bays, administrative offices, instruction areas, associated equipment storage, sleeping quarters and break areas for emergency personnel only.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 4.0 per vehicle bay plus 1.0 per 100 square feet of public assembly area.

(E) Additional regulations: None.

(3) 350-48(e)(3) Exhibition center.

(A) Definition: A building or group of buildings, used for trade, consumer and recreational shows and expositions, which feature a regularly changing collection of information booths, display stations, and/or presentation areas, with or without food and live entertainment features on an incidental basis, where such events are intended to inform, educate, promote, sell or otherwise bring together people to participate in a given market activity; or used to conduct formal ceremonies, meetings, conferences, banquets, and live entertainment events, concerts, or similar events subject to requirements for high-attendance uses excluding activities such as or related to adult uses, or outdoor concerts.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary														X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each 100 square feet of total floor area. Hotel guest rooms shall be calculated separately. In the event that there are insufficient parking spaces on site to accommodate an event at an exhibition center, the required parking may be provided off-site provided that proof (in the form of a license or lease agreement executed by the owner of such other property) is provided to the Zoning Officer no less than 30 days prior to such event that sufficient parking is available. Plus one oversized off-street loading zone.

(E) Additional regulations:

(i) Exhibition center high-attendance uses, as defined by this chapter, shall only be permitted by special exception approval of the Zoning Hearing Board for each separate event.

(ii) There shall be no living quarters within any building situated at an exhibition center.

(iii) The owner or operator of an exhibition center shall not permit any preparation of food or drinking in the parking areas unless same is part of an event.

(iv) Temporary parking in the Highway Commercial-1 Zoning District. To accommodate temporary parking needs for exhibition centers, temporary parking areas may be established but need not be converted to a permanent parking area within 36 months after commencement of its use. A temporary parking area shall conform to the requirements set forth for seasonal parking in the CR District in § 350-48(o)(3) except that:

[1] The requirements relating to paving shall not apply provided that the parking area is maintained with crushed stone or other similar surface;

[2] The requirements relating to buffering and screening shall only apply where such parking abuts a commercial or residential use;

[3] The requirements of §§ 350-42(d), 350-42(r) and 350-48(o)(2)(E)(iii)[4] relating to illumination, but excluding the footcandle requirements of §§ 350-42(d), 350-42(r) and 350-48(o)(2)(E)(iii)[4] will not apply, provided that temporary illumination sufficient to insure the safe passage of patrons to and from the ground where exhibition center activities are being conducted, is provided.

(4) 350-48(e)(4) Exhibition center, high-intensity use.

(A) Definition: An activity held in an exhibition center, as defined by this chapter, for which parking requirements exceed on-site parking capacity, or which consists of an event, such as, but not limited to, an indoor concert or sporting event, where the bulk of the attendees arrive at the same time, attend the entire activity and leave at the same time.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception														X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each 100 square feet of total floor area. Hotel guest rooms shall be calculated separately. In the event that there are insufficient parking spaces on site to accommodate an event at an exhibition center, the required parking may be provided off-site provided that proof (in the form of a license or lease agreement executed by the owner of such other property) is provided to the Zoning Officer no less than 30 days prior to such event that sufficient parking is available. Plus one oversized off-street loading zone.

(E) Additional regulations: Where so noted in Subsection (e)(4)(C) above, a high-intensity use exhibition center shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d).

(i) Exhibition center high-attendance uses, as defined by this chapter, shall only be permitted by special exception approval of the Zoning Hearing Board for each separate event.

(ii) There shall be no living quarters within any building situated at an exhibition center.

(iii) The owner or operator of an exhibition center shall not permit any preparation of food or drinking in the parking areas unless same is part of an event.

(iv) The owner shall provide proof, in a form of a license or lease agreement executed by the owner of such other property owner, that sufficient parking is available.

(v) The owner shall address to the satisfaction of the Zoning Hearing Board, traffic impact issues and traffic control measures on nearby roads and intersections.

(vi) Temporary parking in the Highway Commercial-1 Zoning District. To accommodate temporary parking needs for exhibition centers, temporary parking areas may be established but need not be converted to a permanent parking area within 36 months after commencement of its use. A temporary parking area shall conform to the requirements set forth for seasonal parking in the CR District in § 350-48(o)(3) except that:

[1] The requirements relating to paving shall not apply provided that the parking area is maintained with crushed stone or other similar surface;

[2] The requirements relating to buffering and screening shall only apply where such parking abuts a commercial or residential use;

[3] The requirements of §§ 350-42(d), 350-42(r) and 350-48(o)(2)(E)(iii)[4] relating to illumination, but excluding the footcandle requirements of §§ 350-42(d), 350-42(r) and 350-48(o)(2)(E)(iii)[4] will not apply, provided that temporary illumination sufficient to insure the safe passage of patrons to and from the ground where exhibition center activities are being conducted, is provided.

(f) Uses starting with the letter "F."

(1) 350-48(f)(1) Family day-care homes.

(A) Definition: A family day-care home is a facility that is operated as an accessory use to a single detached dwelling unit that is registered by the Commonwealth of Pennsylvania and offers care and supervision to no more than six children, during any calendar day, who are not permanent residents of the dwelling unit.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for the residential dwelling use, plus 2.0 spaces for the family day-care home use.

(E) Additional regulations: None.

(2) 350-48(f)(2) Farm outbuilding.

(A) Definition: Any building used for the storage of agricultural equipment or farm produce, or housing livestock or poultry. The term "farm outbuilding" shall not include dwellings.

(B) Use classification: Agricultural.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X		X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) No part of any farm outbuildings shall be used for the slaughtering and/or processing of poultry or livestock for commercial purposes.

(3) 350-48(f)(3) Farm roadside stand.

(A) Definition: A use, the primary function of which is the temporary or seasonal sale of agricultural products from the farm upon which the farm roadside stand is located.

(B) Use classification: Agricultural.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X		X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Parking for a minimum of four vehicles shall be provided for a temporary stand or one space per 400 square feet shall be provided for a permanent building.

(E) Additional regulations: Where so noted in Subsection (f)(3)(C) above, a farm roadside stand shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) At least 50% of the foodstuffs or products offered for sale shall have been primarily grown or produced on the same premises on which they are offered for sale, or on adjacent property contiguous to where they were grown or produced, or on noncontiguous land owned or leased by the same entity who grew or produced the products.

(ii) Sale of such items shall be conducted from a roadside stand located no closer than 10 feet to the street right-of-way line, and no farther than 50 feet from the street right-of-way line. Such stands shall be set back a minimum of 25 feet from any side or rear lot line.

(iii) The floor area of any portable stand shall not exceed 1,000 square feet; the floor area of any permanent building shall not exceed 4,000 square feet.

(iv) No improved parking in accordance with § 350-48(o)(2) shall be required for a roadside stand. All parking shall be located behind the street right-of-way line. The parking shall be surfaced with gravel or paved, and the boundaries shall be clearly demarcated.

(v) The hours of operation shall be confined to the daylight hours between astronomical sunrise and astronomical sunset.

(4) 350-48(f)(4) Flex space.

(A) Definition: A use, the primary function of which is to house a mix of manufacturing; professional office; printing, binding, publishing; research and development; service business; warehousing and distribution; and wholesale sales uses. This definition does not permit the establishment of a use within a flex space that would not otherwise be permitted in accordance with this chapter, nor does it abrogate any requirements of any individual use proposed within the flex space that are in accordance with this chapter.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X		X	X	X	X		X	X
Accessory
Special exception												X*		X*
Conditional use

NOTES:
*	See the appropriate Zoning District Schedule for more information.

(D) Minimum off-street parking calculations: Calculated by totaling the required off-street parking spaces required by the individual uses occupying the flex space.

(E) Additional regulations: Where so noted in Subsection (f)(4)(C) above, a flex space shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) That the applicant provides evidence that sufficient parking is provided.

(ii) That the applicant provides evidence that sufficient outdoor storage is provided for equipment, supplies and stock that is not to be stored within a building is provided.

(5) 350-48(f)(5) Forestry.

(A) Definition: The management of forests and timberland when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.

(B) Use classification: Agricultural.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Any timber harvesting operation shall be undertaken in accordance with a timber harvesting plan approved by the Township. All timber harvesting plans shall be submitted to the Township for review for compliance with the standards for timber harvesting operations set forth herein not less than 45 days prior to commencement of the timber harvesting operation. Within 30 days of submission to the Township, a timber harvesting plan shall be approved, denied, or approved subject to reasonable conditions and the applicant so notified in writing. The Township shall hire a qualified consultant to review a timber harvesting plan, suggest conditions or revisions, and enforce an approved plan at the applicant's expense.

(ii) Any timber harvesting plan submitted to the Township for review and approval shall be consistent with the timber harvesting guidelines of the Pennsylvania Model Forestry Regulations of the Penn State School of Forest Resources, as amended, and shall include a plan or plans indicating the following information:

[1] Site location and boundaries of both the entirety of the lot upon which the timber harvesting operation shall occur and the specific area proposed for timber harvesting;

[2] Significant natural features on the lot including, but not limited to, steep slopes, wetlands, and specimen trees or vegetation;

[3] Identification of the entirety of the woodland or woodland(s) where the timber harvesting operation is proposed to occur;

[4] The general location of the proposed operation in relation to municipal and state highways and any proposed accesses to those highways;

[5] Design, construction, maintenance, and retirement of the access system, including haul roads, skid roads, skid trails, and landings;

[6] Design, construction, and maintenance of water control measures and structures such as culverts, broad-based dips, filter strips, and water bars;

[7] Design, construction and maintenance of proposed stream and wetland crossings; and

[8] Identification of forest canopy to remain.

(iii) Any permits required by any other agency under any applicable regulation shall be the responsibility of the landowner or timber harvesting operator as applicable. Copies of all required permits shall be submitted to the Township at least 20 days prior to commencement of the timber harvesting operation.

(iv) The following management practices shall apply to all timber harvesting operations:

[1] Felling and skidding of trees shall be undertaken in a manner which minimizes damage to trees or other vegetation not intended to be harvested (e.g., successive limbing up the tree rather than felling in its entirety).

[2] Felling or skidding across any public street is prohibited without the express consent of the Township or PennDOT, whichever is responsible for the maintenance of said thoroughfare.

[3] Prior to initiating any timber harvesting operation, the applicant shall review with the Township the condition of any Township road that will be used to transport log loads or that may otherwise be impacted by the timber harvesting operation, and shall provide the Township Zoning Officer with a description of the gross vehicle weight, axle load, and size of vehicles to be used in removal of timber. The Township may require the posting of a bond or other approved security in an amount commensurate with the potential costs of repair to public facilities that may be necessary as a result of the timber harvesting operation. Any such bond or security shall be held by the Township until after the timber harvesting operation has been completed and the Township determines that any damage to public facilities resulting therefrom has been satisfactorily repaired.

[4] Slash, tops or litter resulting from a timber harvesting operation shall either be cut to a height of three feet or less and left on-site, or chipped and recycled on-site or otherwise dealt with as approved by the Township. The burning of slash shall be prohibited.

[5] No tops, slash or litter shall be left within 25 feet of any public thoroughfare or private street.

(v) No timber harvesting operation or grubbing of trees shall be permitted within any wetland nor within 25 feet of any NPDI site.

(vi) In all woodlands, a minimum of 50% of the forest canopy trees shall remain in good condition after the completion of any timber harvesting operation. Remaining forest canopy trees shall be well distributed throughout the area subject to the timber harvesting operation.

(vii) Township representative(s) shall be permitted access to the site of any timber harvesting operation before, during, or after active timber harvesting to review, inspect and ascertain compliance with the provisions set forth herein.

(viii) Prior to any timber harvesting operation, a meeting of Township representative(s) and the applicant or applicant's representative(s) shall be held on the subject site. The purpose of such meeting shall be to review the approved plan and timber harvesting procedures.

(ix) Upon determination that a timber harvesting operation is in violation of these regulations, each day where any violation occurs shall constitute a separate violation subject to the provisions of this chapter.

(6) 350-48(f)(6) Funeral parlor.

(A) Definition: A use, the primary function of which is the preparation of the dead for burial or cremation, for the viewing of the bodies, and for funerals.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary													X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each three permanent seats, plus 1.0 space per 50 square feet of any additional room used for the assembly of the general public, if applicable. Lobbies, vestibules and similar areas are excluded. Plus one large off-street loading zone.

(E) Additional regulations: None.

(g) Uses starting with the letter "G."

(1) 350-48(g)(1) Garage/carport, private.

(A) Definition: A structure or portion thereof maintained for the storage and parking of vehicles operated by customers, employees, and visitors of the principal building(s) and in which no business or other use is carried on and no services rendered to the general public.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(2) 350-48(g)(2) Gazebo.

(A) Definition: A small roofed structure used for outdoor entertaining that is generally open or screened on all sides.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(3) 350-48(g)(3) Geoexchange energy systems.

(A) Definition: A geoexchange system, also referred to as a geothermal heat pump, ground source heat pump or ground heat pump, is a central heating and/or cooling system that pumps heat to or from the ground consisting of pipes drilled into the ground, horizontal trenches, a ground heat exchanger, a heat pumping unit, and ductwork into the building.

(B) Use classification: Nonresidential, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) A geoexchange energy system is allowed as an accessory use to any lawful residential use in any zoning district in the Township.

(ii) Open water geoexchange energy systems are explicitly prohibited. An open loop system shall be permitted provided that the water is discharged back underground in accordance with the following:

[1] Returned water shall contain no treatment additives or other introduced chemicals.

[2] The return well shall be located a minimum distance of 200 feet from wells on adjacent properties.

[3] The return well shall be located a minimum distance of 100 feet from the on-site well.

[4] The return well shall recharge the groundwater from which supply water is extracted.

(iii) Minimum setback and horizontal isolation distance requirements.

[1] Shall not be located within a surface drainage area, floodway, or stormwater management detention or retention pond.

[2] Ten feet from all lot lines.

[3] Ten feet from water supply lines under pressure.

[4] Ten feet from stormwater infiltrator pits.

[5] Ten feet from on-lot sewage disposal systems.

[6] Ten feet from rock outcrop.

[7] Twenty-five feet from streams, lakes, or other surface water.

[8] Twenty-five feet from delineated wetlands.

[9] Twenty-five feet from sink holes.

[10] Twenty-five feet from an individual water supply if the geoexchange energy system is a horizontal system.

[11] Twenty-five feet from an individual water supply if the geoexchange energy system is a vertical system.

(iv) A plot plan shall be submitted with the HVAC permit and zoning permit applications that contains the following information:

[1] Name and address of applicant.

[2] A North reference.

[3] Street address.

[4] Proposed or existing dwelling footprint dimensions from all lot lines, including all proposed patios, decks, etc.

[5] Size and location of all existing easements, rights-of-way and utilities (i.e., public water and sanitary sewer laterals).

[6] Existing stormwater management facilities (i.e., inlets, piping, infiltration facilities, etc.).

[7] The location of public and private water lines, supplies, wells, springs, streams, swamps, rivers and other bodies of water, and public and private sewer lines and septic systems.

[8] The location of pipeline rights-of-way.

[9] The location of geologic and hydrologic features.

[10] The location of the proposed geoexchange system including bores and trenching.

[11] The proposed type of heat exchange medium and bore hole seal material.

(v) An as-built plot plan shall be submitted as part of the final inspection for all horizontal and vertical systems. A well driller log may suffice as an as-built plan for a vertical system.

(vi) Metallic tracers of wire or tape shall be used to mark all nonmetallic geoexchange systems.

(4) 350-48(g)(4) Golf course.

(A) Definition: An area of 150 or more contiguous acres containing a full size professional golf course, at least 18 holes in length together with the necessary and usual ancillary uses and structures such as, but not limited to, clubhouse facilities, drinking and refreshment facilities, swimming pools, tennis courts and the like, provided that the operation for such facilities is incidental and subordinate to the operation of the golf course. The sum of the individual "tee to green" yardage for each nine holes shall be not less than 2,500 yards.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest shift, 4.0 spaces per tee, plus other specific calculated parking requirements as appropriate for ancillary uses.

(E) Additional regulations:

(i) In residential zoning districts, hours of operation shall be restricted to between 8:00 a.m. and 8:00 p.m.

(ii) In residential zoning districts, signage shall be subject to § 350-48(s)(10)(E)(xiii).

(5) 350-48(g)(5) Golf driving range.

(A) Definition: A use, the primary function of which is the practicing of golf shots.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X								X		X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest shift, 2.0 spaces per tee.

(E) Additional regulations:

(i) In residential zoning districts, hours of operation shall be restricted to between 8:00 a.m. and 8:00 p.m.

(ii) In residential zoning districts, signage shall be subject to § 350-48(s)(10)(E)(xiii).

(6) 350-48(g)(6) Greenhouse, private.

(A) Definition: A structure enclosed (as by glass or clear plastic) and used for the cultivation or protection of plants.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(h) Uses starting with the letter "H."

(1) 350-48(h)(1) Helipad.

(A) Definition: A landing area suitable only for use by helicopters. An accessory use which no more than one helicopter may utilize at a time. This definition also includes a helistop.

(B) Use classification: commercial, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception																	X
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: Where so noted in Subsection (h)(1)(C) above, a helipad shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Minimum lot area: five acres.

(ii) All portions of the helipad shall be a minimum of 1,000 feet from the lot line of any abutting residential use or district.

(iii) The applicant shall provide evidence that:

[1] The parcel on which the helipad is to be located and the design of the helipad have been approved by the Pennsylvania Bureau of Aviation and the Federal Aviation Administration; and

[2] The helipad has received any and all required licenses from applicable state and federal government agencies including, but not limited to, licenses from the Pennsylvania Department of Transportation (AV-4 and AV-6 licenses).

(iv) The helipad shall be designed and operated in compliance with all applicable state and federal laws and regulations.

(v) The landing surface of the helipad shall conform to the following:

[1] The landing surface shall be paved and level and shall be at least 60 square feet or, in the case of a circle, shall be at least 60 feet in diameter. Except for rooftop pads, a secondary thirty-foot perimeter area shall contain a gravel or grass cover.

[2] Both the landing surface and secondary perimeter shall be well-maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash and shall contain no structures or other obstacles other than those required for safety purposes.

[3] The landing surface of the helipad shall be enclosed by a barrier to control access into the helipad area. The barrier shall consist of a chain-link fence six feet in height above grade on the side that faces away from the helipad. The barrier may also include a building wall that effects the performance criteria listed within this subsection. The maximum mesh size shall be 2.25 inches square. The maximum clearance between grade and the bottom of the barrier shall be two inches. Access gates shall be self-closing and equipped with a self-latching device.

(vi) No helicopter shall be stored and/or parked at a helipad. No helicopter shall remain at a helipad for longer than 72 hours.

(vii) The proposed flight paths shall be over open areas and along major transportation corridors to the extent possible, and shall be designed to minimize noise hazards to existing residences and/or residential developments. These requirements shall not apply to helicopters operated by the following:

[1] A health care network and/or hospital to respond to a medical emergency;

[2] Law enforcement; and/or

[3] Public utility providers.

(viii) A maximum of 200 gallons of fuel for helicopters may be stored at any helipad.

(ix) The helipad shall be limited to use between the hours of 7:00 a.m. and 5:00 p.m., except for situations where the helicopter and/or helipad is operated by: (A) a health care network and/or hospital (i.e., MedEvac, LifeLion, PennSTAR) and is used for the medical transport of acutely ill and/or critical care patients; and/or (B) law enforcement.

(x) Permits for establishing and maintaining a helipad shall be issued to the owner, lessee and/or operator of a helipad by the Zoning Officer. A permit for a helipad shall be valid for a period of three years; after such time an applicant must apply for a new permit from the Zoning Officer.

(xi) The permit shall be deemed automatically revoked if:

[1] The Pennsylvania Bureau of Aviation, the Federal Aviation Administration and/or any other state or federal agency regulating the use, construction, operation and maintenance of a helipad revokes or suspends any license required to use, construct, operate or maintain a helipad;

[2] Thirty days after the Zoning Officer has notified the permit holder in writing that the site is no longer in compliance with the requirements set forth herein for the initial granting of the permit, provided the alleged defect has not been cured within said thirty-day period; or

[3] The Township receives notice that the helipad is being operated in violation of state or federal law.

(2) 350-48(h)(2) Heliport.

(A) Definition: A small airport suitable only for use by helicopters. A principal use where one or more helicopters may land/take off and be stored. Such use may also include support services, such as helicopter parking/storage, waiting room, fueling, and maintenance equipment.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception																	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 off-street parking space for each employee (including, but not limited to, independent contractors and pilots) on the largest shift, 3.0 off-street parking spaces for each helicopter flight per day that the heliport can accommodate and 1.0 off-street parking space for every 200 square feet of floor area open to the public; provided, however, that the minimum number of off-street parking spaces at a heliport shall be 6.0 spaces. All other parking requirements of § 350-48(o)(2) shall be met.

(E) Additional regulations: Where so noted in Subsection (h)(2)(C) above, a heliport shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Minimum lot area: seven acres.

(ii) All portions of the heliport shall be a minimum of 1,000 feet from the lot line of any abutting residential use or district.

(iii) The applicant shall provide evidence that:

[1] The parcel on which the heliport is to be located and the design of the heliport have been approved by the Pennsylvania Bureau of Aviation and the Federal Aviation Administration; and

[2] The heliport has received any and all required licenses from applicable state and federal government agencies including, but not limited to, licenses from the Pennsylvania Department of Transportation (AV-4 and AV-6 licenses).

(iv) The heliport shall be designed and operated in compliance with all applicable state and federal laws and regulations.

(v) The landing surface of the heliport shall conform to the following:

[1] The landing surface shall be paved and level and shall be at least 60 square feet or, in the case of a circle, shall be at least 60 feet in diameter. Except for rooftop pads, a secondary thirty-foot perimeter area shall contain a gravel or grass cover.

[2] Both the landing surface and secondary perimeter shall be well-maintained and shall be kept dirt-free to preclude blowing dust or debris caused by rotor downwash and shall contain no structures or other obstacles other than those required for safety purposes.

[3] The landing surface of the heliport shall be enclosed by a barrier to control access into the helipad area. The barrier shall consist of a chain-link fence six feet in height above grade on the side that faces away from the helipad. The barrier may also include a building wall that effects the performance criteria listed within this subsection. The maximum mesh size shall be 2.25 inches square. The maximum clearance between grade and the bottom of the barrier shall be two inches. Access gates shall be self-closing and equipped with a self-latching device.

(vi) The proposed flight paths shall be over open areas and along major transportation corridors to the extent possible, and shall be designed to minimize noise hazards to existing residences and/or residential developments. These requirements shall not apply to helicopters operated by the following:

[1] A health care network and/or hospital to respond to a medical emergency;

[2] Law enforcement; and/or

[3] Public utility providers.

(vii) A maximum of 500 gallons of fuel for helicopters may be stored at any heliport.

(viii) The heliport shall be limited to use between the hours of 7:00 a.m. and 9:00 p.m., except for situations where the helicopter and/or heliport is operated by: (A) a health care network and/or hospital (i.e., MedEvac, LifeLion, PennSTAR) and is used for the medical transport of acutely ill and/or critical care patients; and/or (B) law enforcement.

(ix) Permits for establishing and maintaining a heliport shall be issued to the owner, lessee and/or operator of a heliport by the Zoning Officer. An administrative permit for a heliport shall be valid for a period of three years; after such time an applicant must apply for a new permit from the Zoning Officer.

(x) The permit shall be deemed automatically revoked if:

[1] The Pennsylvania Bureau of Aviation, the Federal Aviation Administration and/or any other state or federal agency regulating the use, construction, operation and maintenance of a heliport revokes or suspends any license required to use, construct, operate or maintain a heliport;

[2] Thirty days after the Zoning Officer has notified the permit holder in writing that the site is no longer in compliance with the requirements set forth herein for the initial granting of the permit, provided the alleged defect has not been cured within said thirty-day period; or

[3] The Township receives notice that the heliport is being operated in violation of state or federal law.

(3) 350-48(h)(3) Historic resource.

(A) Definition: A site, object, building, historic structure, monument or landmark that is listed on the National Registry of Historic Places or designated by the Township Board of Commissioners as an historic resource having unique historical, architectural, or patriotic interest or value. An historic resource may serve as a primary or accessory use if no other permitted use occurs on the lot.

(B) Use classification: Nonresidential, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: If the historic resource is also being utilized as a listed use, utilize the parking calculations of that use; otherwise not applicable.

(E) Additional regulations:

(i) Short title. This subsection shall be known and may be cited as the "Historic Resource Ordinance."

(ii) Purpose. The purposes of this Historic Resource Ordinance are:

[1] To promote the retention of community character through preservation of the local heritage by recognition and protection of historic resources.

[2] To promote the general welfare, education, and culture of the Township.

[3] To increase public knowledge and appreciation of the Township's historic past and unique sense of place.

[4] To encourage and provide incentives for the continued use of historic structures and to facilitate their appropriate reuse.

[5] To promote the objectives of the South Whitehall Township Comprehensive Plan relating to historic resources.

[6] To implement the goals of the Pennsylvania Constitution, Article I, Section 27, which establishes the commonwealth's policy of encouraging the preservation of historic and aesthetic resources.

[7] To implement Sections 604(1) and 605(2)(vi) of the Pennsylvania Municipalities Planning Code to permit additional classifications within any zoning district for the regulation of uses and structures at, along, or near "places having unique historical, architectural, or patriotic interest or value."

(iii) Definitions. The provisions for Historic Resources shall be subject to the definitions set forth in § 350-05, in addition to those definitions set forth below:

HISTORIC RESOURCE OWNER'S CONSENT STATEMENT ("OWNER'S CONSENT")

A notarized written statement to the Board of Commissioners, which is signed by the property owner of record of the lot containing an historic resource, consenting to the application of the provisions of § 350-48(h)(3), provisions for historic resources. The owner's consent shall be in a form prepared by the Township Solicitor and satisfactory to the Township and shall be recorded in the Lehigh County Clerk of Judicial Records, Recorder of Deeds Division.

HISTORIC RESOURCE PRESERVATION EASEMENT ("PRESERVATION EASEMENT")

A binding legal agreement between a property owner and the Township which is designed to maintain the historic character of an historic resource, and which shall be required of every property owner who submits an owner's consent. When a preservation easement is created, the owner of an historic resource agrees to create and/or maintain certain protections so as to achieve the preservation of the historic nature of the historic resource. The preservation easement may require the property owner to retain the original facade while still allowing the property owner to alter the interior of an historic structure. The preservation easement shall be in a form prepared by the Township Solicitor and satisfactory to the Township and shall be recorded in the Lehigh County Clerk of Judicial Records, Recorder of Deeds Division.

HISTORIC STRUCTURE

A structure that is listed on the National Registry of Historic Places or designated by resolution by the Township Board of Commissioners as an historic structure by reason of its unique historical, architectural, or patriotic interest or value.

NATIONAL REGISTRY OF HISTORIC PLACES

The National Register of Historic Places is the official list of the nation's historic places worthy of preservation, authorized by the National Historic Preservation Act of 1966, and part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect America's historic and archeological resources.

(iv) Applicability.

[1] The provisions of this § 350-48(h)(3) shall apply to all historic resources or lots containing historic resources within the Township provided the property owner submits an owner's consent, which shall be executed as a condition of land development approval, or, in the event that the property owner is not proposing land development, an owner's consent shall be executed and submitted along with a building or zoning permit application.

[2] The provisions of this § 350-48(h)(3) shall cease to be applied to the historic resource and lot containing the historic resource should:

[a] The historic resource be removed from the National Registry of Historic Places, if the historic resource has not been designated as an historic resource by the Township Board of Commissioners;

[b] The Township Board of Commissioners remove the designation of historic resource, if the historic resource is not on the National Registry of Historic Places; or

[c] The historic resource be removed from the National Registry of Historic Places and the Township Board of Commissioners remove the designation of historic resource.

[3] Notwithstanding Subsection (h)(3)(iv)[2] immediately above, a property owner shall not lose the right to proceed with an approved land development plan where the historic resource is eliminated by acts of God such as fire, sinkholes, or earthquakes, or other circumstances beyond the property owner's control such as condemnation or other governmental action.

(v) General requirements. Should the owner of an historic resource submit an owner's consent, the following provisions apply to the lot containing the historic resource, including a lot that has been consolidated or made part of a coordinated development. Should the lot be subdivided, the provisions shall be applied only to the lot containing the historic resource named in the owner's consent. More than one historic resource may be named in an owner's consent and more than one owner's consent may apply to a given lot if the owner elects to provide an owner's consent for each historic resource.

[1] Owner responsibilities.

[a] Legal protections.

[i] The owner of the lot on which the historic resource is located shall execute and record a preservation easement to guarantee permanent protection of the historical integrity of the historic resource.

[ii] The owner of the lot on which the historic resource is located shall represent and warrant in the preservation easement that no judgment lien, construction lien, mortgage, or other financial encumbrance of the property exists that could adversely affect (including possible divestiture) the preservation easement, or, if such encumbrance does exist, the holder of any such lien, mortgage, or other financial encumbrance that could adversely affect the Township's rights granted under the preservation easement shall consent to the granting of the preservation easement, and agree by separate instrument, to subordinate or partially release its rights in the property to the extent necessary to permit the Township to enforce the purposes of and its rights under the preservation easement in perpetuity and to prevent any modification or extinguishment of the preservation easement by the exercise of any rights of the holder of the lien, mortgage or other financial encumbrance.

[iii] The preservation easement shall be submitted to the Township accompanied by an opinion of record title or such other evidence of lien priority as required by the Township in its sole discretion, to confirm the status of the preservation easement in first lien position.

[b] Maintenance of the historic resource. An historic resource shall be maintained so as to prevent the loss of historic material and the deterioration of important character defining details and features, except for loss caused by acts of God such as fire, sinkholes, or earthquakes, or other circumstances beyond the owner's control such as condemnation or other governmental action. Nothing in this subsection shall be construed so as to prevent the ordinary repairs and maintenance of any historic resource provided that such repairs or maintenance do not result in a conspicuous change in the design, form, proportion, mass, configuration, building material, texture, location, or external visual appearance of any historic resource or part thereof, unless authorized by the preservation easement.

[i] Security requirement. Should either the property owner or the Township, in either of their sole discretions, determine that restoration work on an historic resource is required at any time, the property owner shall submit a statement prepared by a registered architect or professional engineer licensed by and in good standing in the Commonwealth of Pennsylvania detailing the type of restoration work to be performed and the estimated cost. The statement prepared by a registered architect or professional engineer shall be submitted contemporaneously with the owner's consent, or if restoration work becomes necessary at any point subsequent to the submission of the owner's consent, the property owner shall submit the statement at that time or upon request by the Township.

	{A}	Where an historic resource requires restoration work of a type determined by a registered architect or professional engineer, the property owner shall be required to enter into a security agreement with the Township in a form acceptable to the Township Solicitor and post security prior to performing any restoration work on the external features of the historic resource. The property owner shall not be required to post security for ordinary repairs and maintenance but the Township may require the property owner to post security for internal restoration work to an historic resource. The form of security shall be a letter of credit, a cash deposit, or any other form of security acceptable to the Township and shall be determined by the terms of the preservation easement. The amount of security shall be 110% of the estimated cost of the restoration work to be performed with the specific amount to be determined by the terms of the preservation easement.
	{B}	The requirement to post security is being made to protect the Township against loss in the event of failure of the property owner to complete restoration work. The Township has the right to use any portion or all of the security to remedy and resolve any restoration work that the property owner either left unfinished or defective or any damages resulting from the property owner's work, if the property owner fails to respond to a Township request to complete restoration work.

[ii] Municipal lien. If the property owner refuses or fails to perform the necessary work to restore and/or maintain the historic resource as required by the provisions herein, the Township may cause such restoration and/or maintenance to be done, and the owner shall reimburse the Township for all costs incurred in doing the work, plus an administrative fee equal to 20% of the work performed. The cost of the work performed by the Township shall constitute a lien against the property on which the work is performed.

[c] Modifications to the historic resource. No modifications to an historic resource that result in the alteration of the distinguishing features or historic character shall be permitted unless such modifications are authorized by the preservation easement or such modifications were necessitated by acts of God or other circumstances beyond the property owner's control.

[d] Demolition or removal of the historic resource. The historic resource shall not be demolished by the owner of the lot on which the historic resource is located or by the owner's agents, employees, representatives, contractors, successors and/or assigns, either through direct action or through neglect.

[e] Historical markers or plaques may be required by the Township subject to the provisions stipulated by the Township and the owner of the historic resource and incorporated into the preservation easement.

[2] Historic structure adaptive re-use incentives.

[a] Adaptive re-use as conditional uses. The following additional uses of the historic structure, if not permitted by right within the zoning district within which the historic structure is located, may be permitted by conditional use within the historic structure only.

[i] Single dwelling unit.

[ii] Two-flat.

[iii] Bed-and-breakfast.

[iv] Business or professional office.

[v] Art or craft gallery (as retail sales).

[vi] Mixed-use building (containing a mix of the uses listed within this Subsection (h)(3)(v)[2][a].

[b] With regard to uses permitted by Subsection (h)(3)(v)[2][a] immediately above as conditional uses, residential uses permitted as adaptive re-uses within nonresidential zoning districts shall use the bulk criteria listed under the R-5 Medium Density Residential Zoning District.

[c] With regard to uses permitted by Subsection (h)(3)(v)[2][a] above as conditional uses, nonresidential uses permitted as adaptive re-uses within residential zoning districts shall use the bulk criteria listed under the Neighborhood Commercial NC Zoning District.

[d] With regard to uses permitted by Subsection (h)(3)(v)[2][a] above as conditional uses, such uses shall meet all requirements associated with the use proposed.

[e] The criteria that shall be used in determining whether a conditional use may be permitted, in addition to the general criteria set forth at § 350-41(d), shall be the United States Secretary of the Interior's Standards for Historic Rehabilitation, 36 CFR § 67.7 applied in a reasonable manner, taking into consideration economic and technical feasibility. The standards are as follows:

[i] A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the character defining characteristics of the building and its site and environment.

[ii] The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterized a property shall be avoided.

[iii] Each property shall be recognized as a physical record of its times, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.

[iv] Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.

[v] Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved and the applicant for conditional use approval shall demonstrate how the distinctive features, finishes, etc., shall be preserved.

[vi] Deteriorated features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.

[vii] Chemical or physical treatments, such as sandblasting, that cause damage to historical materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.

[viii] Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.

[ix] New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.

[x] New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.

[f] No proposed change shall conflict with the terms of the recorded preservation easement.

[3] Historic structure complementary use incentives. As an incentive to provide for historic resource preservation, the following provisions shall apply to new buildings or structures on a lot or in a coordinated development where an historic resource is located.

[a] Building height. The maximum permitted height of a building is increased by 50% from the provisions applicable to the underlying zoning district. Any portion of a building with an increased height shall have a setback of 400% of the standard setback as measured from the property line of the nearest residentially zoned property to that portion of the building with the increased height. The permitted height increase only pertains to principal buildings, not structures such as signs, billboards, cell towers and the like. Traditional setbacks shall continue to apply to any portion of the building or structure for which the height is not increased.

[b] Building setback lines. Where the historic structure is nonconforming as to required setback distances from a public street, new buildings or structures are permitted to utilize the historic structure's nonconforming setback.

[c] Parking setback lines. Where existing parking areas are nonconforming as to required setback distances from a public street, new parking areas may utilize the nonconforming setback distances established by the nonconforming parking, provided that under no circumstances may any parking area encroach into the ultimate right-of-way area of such street.

[d] Design standards. The design guidelines specified herein are applicable to the construction of new buildings and other structures proposed to be built on the lot or in a coordinated development on which an historic resource is located.

[i] Exterior wall face. All exterior wall faces shall be covered by at least 50% primary masonry product limited to brick, stone, or stucco. No more than 50% of any exterior wall face may be covered by stucco. Concrete masonry units may be used as a building component, but not as an exposed wall face.

[ii] No more than four materials (in addition to glass) shall be used on the exterior walls of any single new building or structure unless other materials are approved by the Township to allow for unanticipated architectural features.

[iii] Roofing materials and design. Flat roofs shall be prohibited except where parapets with a minimum height of at least five feet are used to screen flat roofs and rooftop equipment.

(4) 350-48(h)(4) Home-based business, low-impact

[Added 2-1-2023 by Ord. No. 1072[3]]

(A) Definition: A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the primary residential use, is compatible with the surrounding neighborhood, and produces no adverse impacts to the surrounding neighborhood.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special Exception	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Conditional Use

(D) Minimum off-street parking calculations: Additional parking as required by the Zoning Hearing Board, based upon the parking requirements of uses similar in character and impact to the proposed use.

(E) Additional regulations:

(i) A low-impact home-based business shall be permitted by special exception subject to the standards and criteria set forth in the subsections below, as well as the minimum standards and criteria set forth in § 350-16(i). The Zoning Hearing Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this Chapter on the operations of the low-impact home-based business related to (but not limited to) parking, buffering, hours of operation, and number and activity of customers and/or employee.

[1] All low-impact home-based business-related activities on the site shall be controlled by a resident of the property on which the activity takes place.

[2] A low-impact home-based business is permitted in a dwelling unit and associated accessory structures.

[3] The business activity shall have the outward appearance of a residential use and shall be compatible with the residential use of the property and surrounding residential uses.

[4] The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable on or in adjacent dwelling units or lots.

[5] The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.

[6] The business will not generate traffic or on-street parking that adversely impact the neighborhood.

[7] One nonresident employee may be permitted on-site at any one time.

[8] The business activity shall:

[a] Be conducted only within the dwelling and/or associated accessory structures.

[b] Not occupy more than 25% of the total gross floor area of the dwelling and associated accessory structures combined.

[c] Not occupy more than 25% of the total gross floor area of the dwelling.

[9] Items related to the low-impact home-based business, such as equipment or inventory, shall be stored within the dwelling or within a garage or accessory storage building while on the residential property. All vehicles, trailers or other similar towable equipment utilized by the business that are determined by the Zoning Hearing Board to be inconsistent with the appearance of a residential use shall be stored within a garage or otherwise screened while on the residential property to maintain the appearance of a residential use.

[10] Applicants for special exception review of a low-impact home-based business shall submit evidence that the proposed low-impact home-based business will not adversely impact the surrounding neighborhood, including, but not limited to, the impacts of the proposed hours of operations, number and activities of people associated with the business activity to be onsite (including, but not limited to, employee, clients or customers), traffic, off-street and on-street parking, onsite location of equipment and storage, onsite lighting and signage, and deliveries and refuse collection.

(ii) The low-impact home-based business provisions of this section shall not apply to other uses already defined within the Zoning Ordinance.

[3] Editor's Note: This ordinance also renumbered former Subsection (h)(4) through (6) as Subsection (h)(6) through (8)

(5) 350-48(h)(5) Home-based business, no-impact.

[Added 2-1-2023 by Ord. No. 1072]

(A) Definition: A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special Exception
Conditional Use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) A zoning permit is to be secured from the Community Development Department for the no-impact home-based business.

(ii) The business activity shall be compatible with the residential use of the property and surrounding residential uses.

(iii) No-impact home-based businesses shall be owned and controlled by a resident of the property on which the activity takes place. Only residents of the dwelling unit may be employed onsite at the business.

(iv) There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

(v) There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

(vi) The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable on the adjacent lots.

(vii) The business activity may not generate any solid waste or sewage discharge in volume or type, which is not normally associated with residential use in the neighborhood.

(viii) The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the gross floor area.

(ix) The business may not involve any illegal activity.

(6) 350-48(h)(4) Hospital.

(A) Definition: A facility licensed by the Commonwealth of Pennsylvania as a hospital pursuant to 28 Pa. Code Part IV, Subpart B (defined therein as a facility having an organized medical staff and providing equipment and services primarily for inpatient care to persons who require definitive diagnosis or treatment, or both, for injury, illness, pregnancy, or other disability) which provides equipment and services primarily for inpatient care to persons who require treatment for injury, illness, disability or pregnancy. The term does not include public or private psychiatric hospitals, drug and alcohol rehabilitation hospitals, county-operated nursing facilities, intermediate care facilities for the mentally retarded, or psychiatric transitional facilities. This term also includes any uses customarily considered ancillary to hospitals, such as, but not limited to, associated out-patient services, medical or administrative offices, diagnostic laboratories, facility supply and/or maintenance, employee-related services, patient visitor-related services, medical education services, patient transportation services, and the like. Such ancillary uses and facilities may be incorporated into a hospital building or be in stand-alone buildings, which may be ancillary to a hospital that is located outside of the municipal boundary of the Township, so long as the parcel on which the building is to be located is adjacent to a parcel containing an existing hospital use, primary or accessory.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception			X*										X	X
Conditional use

NOTE:
*	See Subsection (E), Additional regulations, below. [Added 9-20-2017 by Ord. No. 1024]

(D) Minimum off-street parking calculations: 1.0 space for each two beds of planned capacity; extended, intermediate or long term care: 1.0 space for each three beds plus 1.0 for each employee on the largest work shift; plus one large off-street loading zone if the use area is greater than 10,000 square feet, or one oversized off-street loading zone if the use area is greater than 50,000 square feet.

(E) Additional regulations: Where so noted in Subsection (h)(4)(C) above, a hospital shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Hospital primary and accessory uses in the RR Rural Residential and Agriculture Zoning District. Hospitals and their associated accessory uses shall be permitted within the RR Rural Residential and Agriculture Zoning District as a special exception use, so long as the parcel on which the use is to be located is adjacent to a parcel containing an existing hospital use, primary or accessory. The aforementioned adjacent parcel upon which the existing hospital use, primary or accessory, exists may be located outside of the municipal boundary of South Whitehall Township. When a hospital or associated accessory use is proposed in South Whitehall Township, the required number of off-street parking spaces and/or required stormwater management improvements to control rate and volume may, but need not, be provided by improvements located on the adjacent parcel containing the existing hospital use, primary or accessory, located outside of the municipal boundary of the Township. The applicant shall provide information acceptable to the Zoning Officer and/or Township Engineer, as applicable, to demonstrate compliance with the Township's parking and stormwater management requirements.

(7) 350-48(h)(5) Hotel.

(A) Definition: A facility that provides lodging to guests for compensation, which contains two or more guestrooms, where no guest rooms have direct access to the outside, and which may have a restaurant, meeting rooms, lounges, recreational facilities and other services as a part of the compensation. In no case shall any guest stay for a period exceeding 30 days in any six-month period.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary													X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per guest room plus calculated spaces for restaurants. If publicly accessible meeting rooms are available, 1.0 space per 100 square feet of total floor area devoted to meeting room area. One large parking space for parking areas containing more than 50 standard spaces; plus one large off-street loading zone if the use is greater than 50,000 square feet in area.

(E) Additional regulations: None.

(8) 350-48(h)(6) Hotel, extended stay.

(A) Definition: shall be defined as a hotel permitting continuous occupancy of hotel guests exceeding 30 days.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary													X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per guest room plus calculated spaces for restaurants. If publicly accessible meeting rooms are available, 1.0 space per 100 square feet of total floor area devoted to meeting room area. One large parking space for parking areas containing more than 50 standard spaces; plus one large off-street loading zone if the use is greater than 50,000 square feet in area.

(E) Additional regulations:

(i) A hotel, extended stay shall not be used for permanent residential occupancy of any person.

(ii) A hotel, extended stay shall not be used for the following purposes as those terms are defined in § 350-05 of the South Whitehall Township Zoning Ordinance:

[1] Apartment.

[2] Club house or lodge building.

[3] Multifamily housing.

[4] Transient multifamily dwelling.

(iii) No guest shall be accommodated in the same room or suite for more than 35 continuous days.

(iv) A hotel, extended stay shall provide housekeeping service for occupied rooms a minimum of two times per week, which shall include but is not limited to linen changing, towel and soap change, cleaning of bathroom, dusting, vacuuming, and removal of trash.

(v) A hotel, extended stay shall have a registration lobby which is staffed 24 hours per day during all periods of operation to provide check-in/out services, custodial or maintenance response, and other guest services.

(vi) A hotel, extended stay shall have a "porte-cochere" or an attached, covered, drive-through area adjacent to the hotel lobby.

(vii) A hotel, extended stay shall provide the following amenities:

[1] Indoor and/or outdoor swimming pool with a minimum surface area of 400 square feet of water; and

[2] Other recreational facilities with a minimum combined area of 500 square feet such as, but not limited to, exercise rooms equipped with at least three types of exercise equipment, tennis or racquetball courts, spas, or game areas.

(viii) No outdoor storage or permanent parking of equipment or vehicles shall be permitted for guests at an extended stay hotel; and

(ix) Except for employees and registered guests, all access to a hotel, extended stay shall be restricted to the front lobby entrance only.

(i) Uses starting with the letter "I."

(1) 350-48(i)(1) Incinerator.

(A) Definition: A use, the primary function of which is the burning of waste material, at high temperatures until it is reduced to ash.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special Exception
Conditional use																X

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 1,000 square feet of total floor area, whichever is greater; plus 1.0 oversized space for every five loading docks (or fraction thereof), and 1.0 (trailer) spaces (55 feet by 10 feet in size) for every five loading docks (or fraction thereof). The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

(E) Additional regulations: Where so noted in Subsection (i)(1)(C) above, an incinerator shall be permitted by conditional use review and approval subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(e):

(i) Such sites or facilities shall submit copies of any permits, letters of approval, air or water testing or monitoring reports, or like type documentation that demonstrates compliance with applicable federal and state rules, regulations and requirements, and with the requirements of any Solid Waste Management Ordinance[4] enacted by South Whitehall Township;

[4] Editor's Note: See Ch. 288, Solid Waste.

(ii) A fifty-yard buffer zone shall be established adjacent to the perimeter lot lines upon which no solid wastes shall be deposited or stored;

(iii) Within the required buffer zone, two parallel rows of dense shrubbery six feet high set three feet apart, as well as trees, shrubs and other suitable vegetation, shall be planted and landscaping provided in a manner acceptable to the Township Shade Tree Commission to fully obscure any view of the site or facility from public roadways and adjacent public or private properties, and to maintain, preserve and enhance the environmental integrity of the surrounding area;

(iv) Such sites or facilities shall be completely enclosed by chain-link fencing, or such other durable fencing as approved by the Township, which fencing shall be no less than six feet in height but which shall not exceed a maximum height limitation of eight feet. All fencing shall be set back at least 45 feet from a lotline.

(v) The buffering and fencing requirements of Subsection (i)(1)(E)(iv) immediately above shall be deemed inapplicable to facilities utilized solely for the storage and transfer of clean recyclables approved as to content by the Township.

(vi) No site or facility shall be permitted or established on any portion of a site which is subject to flooding, chronic wetness or is located within a floodplain, flood fringe or in areas where continuous or intermittent contact occurs between solid waste and the groundwater table;

(vii) The disposal of sewage and hazardous wastes in any form shall be prohibited at any such site or facility (however, nothing herein stated shall preclude the proper application of nonhazardous sewage sludge from a waste water treatment plant to agricultural land for agricultural purposes if such application is approved by the Commonwealth Department of Environmental Protection);

(viii) Such sites and facilities shall be operated and maintained in such manner so as to prevent health hazards, environmental degradation, the attraction, harborage or breeding of insects, rodents, vectors, and to eliminate conditions which create safety hazards, odors, dust, unsightliness, excessive noise, toxic or obnoxious fumes, public nuisances, or impose a hardship on adjoining property owners or result in an undue burden upon the Township, its municipal services and infrastructure;

(ix) All equipment shall be stored inside totally enclosed buildings;

(x) No solid wastes shall be stored outdoors or in such a manner as to permit dispersal or exposure to the natural elements;

(xi) Access to any such site or facility shall be limited in the following manner:

[1] Access to the site or facility shall be limited to normal operating hours. Attendants shall be present at the site during all operating hours.

[2] A gate or barrier as approved by the Township at the entrance to the site or facility shall be erected to block access to the site or facility.

[3] Normal operating hours for all sites or facilities (excepting incinerators) and normal delivery hours of all sites or facilities during weekdays shall be from 7:30 a.m. to 4:30 p.m. and on weekends from 7:00 a.m. to 12:00 noon on Saturdays. No waste deliveries shall be permitted at any other time. Additionally, the site or facility shall be closed on Christmas Day, New Year's Day, Thanksgiving Day, Good Friday, Labor Day, Memorial Day, and 4th of July. Incinerators shall be permitted to operate in excess of the time limitations set forth in this Subsection (i)(1)(E)(xi)[3]; however, waste deliveries shall be limited to the times set forth herein.

[4] Hours of operation and other limitations regarding access to the site or facility shall be prominently displayed on a sign at the entrance. The sign shall have a minimum size of three feet by four feet and a maximum of 20 square feet.

[5] Access shall be limited to collection vehicles bearing identification stickers issued by the Township. Such stickers shall be plainly visible on all vehicles admitted to the facility. Access by unauthorized vehicles or persons shall be prohibited.

[6] Operators shall upon request provide access keys to the facility for emergency personnel.

(xii) Measures and procedures to prevent and minimize fire hazards shall be established and practiced at the site or facility (which measures the procedures shall be not less stringent than the Township fire prevention ordinance or regulations) including, among other, the following measures and procedures:

[1] Water of adequate volume and pressure, as determined by the Township Engineer after consultation with the Township Manager, to supply water hose streams, or foam producing equipment or water spray systems, as well as necessary equipment, compatible with local fire department equipment, such as hoses, nozzles, and pumps for minimizing fire hazards, shall be available at the site.

[2] Telephone or radio communication shall be located at the site or facility, and shall be readily available or accessible. Furthermore, a list of all emergency numbers shall be provided for the plant operators. The Township shall be provided with information noting the names, addresses, and phone numbers of the appropriate plant officials to be contacted in case of an emergency.

(xiii) The site or facility shall be adequately policed, and adequate provision shall be made to prevent the dispersal or accumulation of any litter on or off site, and to prevent dust, fumes or debris from interrupting, hampering or obstructing operations at the site or facility or from causing health or safety hazards or public nuisances.

(xiv) Any burning or incineration process shall be equipped with adequate air pollution and emissions control devices and equipment to prevent any degradation of the quality or integrity of the environment below standards now or hereafter enacted in the Solid Waste Management Program of South Whitehall Township.

(xv) The operator of such site or facility shall take appropriate measures to guarantee that all waste materials shall remain within the transportation vehicles utilizing or transporting solid waste to or from the site or facility.

(xvi) No site or facility shall be operated which does not conform with any applicable state or federal laws, regulations and requirements regarding air pollution and emissions control or the protection and preservation of streams, waterways or any natural resources.

(xvii) Truck traffic and truck access to any such site or facility shall be arranged so as to minimize danger to or the interruption of normal traffic flow and so as to prevent any nuisance to adjacent or surrounding properties.

(xviii)  Every facility having or generating residues, residual wastes or other wastes as a result of the conduct or operation of such facility shall submit evidence of effective and binding contractual agreements with sites that are properly permitted by the appropriate state's regulatory agency, for the proper disposal of any such wastes, where the wastes will not or cannot be stored or disposed of on-site.

(k) Uses starting with the letter "K."

(1) 350-48(k)(1) Kennel.

(A) Definition: The keeping of four or more dogs or other house animals for breeding, training, sale or boarding.

(B) Use classification: Residential, commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X														X
Special exception	X*	X*															X*
Conditional use

NOTES:
*	See additional regulations below.

(D) Minimum off-street parking calculations: If a commercial use, 1.0 space for every three runs, plus 1.0 per employee on the largest shift; not applicable if an accessory use.

(E) Additional regulations:

(i) Housing of as many as four dogs or other house animals over three months old shall not be within the front yard and shall be no closer than four feet to a lot line and not closer than 20 feet to a dwelling on an adjoining premises.

(ii) Housing of as many as five but not more than eight dogs or other house animals over three months old shall not be within the front yard and shall be no closer than 100 feet to a lot line and not closer than 200 feet to a dwelling on an adjoining premises.

(iii) Housing of as many as nine dogs or other house animals but not more than 12 pets more than three months old shall not be within the front yard and shall be no closer than 200 feet to a lot line and not closer than 400 feet to a dwelling on an adjoining premises.

(iv) Where so noted in Subsection (k)(1)(C) above, the housing of more than 12 dogs or other house animals more than three months old, as well as the establishment of a commercial kennel, shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d).

[1] In residential zoning districts, hours of operation shall be restricted to between 8:00 a.m. and 8:00 p.m.

[2] In residential zoning districts, signage shall be subject to § 350-48(s)(10)(E)(xiii).

(l) Uses starting with the letter "L."

(1) 350-48(l)(1) Laundry and dry cleaning processing and distribution.

(A) Definition: A use, the primary function of which is the processing and distribution of apparel items to be dry-cleaned.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary																X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 1,000 square feet of total floor area, whichever is greater; plus 1.0 oversized space for every five loading docks (or fraction thereof), and 1.0 (trailer) spaces (55 feet by 10 feet in size) for every five loading docks (or fraction thereof). The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

(E) Additional regulations: None.

(2) 350-48(l)(2) Lumber yard.

(A) Definition: A use, the primary function of which is the storage and display of lumber for sale.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary													X			X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every 200 square feet of total floor area open to the public, 1.0 space for every 200 square feet of exterior display area open to the public, 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift), plus three oversized spaces per loading dock.

(E) Additional regulations: None.

(m) Uses starting with the letter "M."

(1) 350-48(m)(1) Manufacturing and processing of chemicals and explosives.

(A) Definition: The treatment or processing of raw products, and the production of articles or finished product from raw products or prepared materials by giving them new forms or quantities.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception																	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 1,000 square feet of total floor area, whichever is greater; plus 1.0 oversized space for every five loading docks (or fraction thereof), and 1.0 (trailer) spaces (55 feet by 10 feet in size) for every five loading docks (or fraction thereof). The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

(E) Additional regulations: Where so noted in Subsection (m)(1)(C) above, the manufacturing and processing of chemicals and explosives shall be permitted by special exception subject to the minimum standards and criteria set forth in § 350-41(d).

(i) Prior to the issuance of a certificate of occupancy, the owner shall satisfy the Fire Chief and Emergency Service Responder Authorities with respect to emergency response to public safety issues at the facility.

(2) 350-48(m)(2) Manufacturing.

(A) Definition: The treatment or processing of raw products, and the production of articles or finished product from raw products or prepared materials by giving them new forms or quantities, including processing, fabrication or assembly of hard or soft goods, metal, wood, plastic, or paper products, machinery, appliances, sub-assemblies and components.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary																X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 1,000 square feet of total floor area, whichever is greater; plus 1.0 oversized space for every five loading docks (or fraction thereof), and 1.0 (trailer) spaces (55 feet by 10 feet in size) for every five loading docks (or fraction thereof). The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

(E) Additional regulations: None.

(3) 350-48(m)(3) Massage service establishment.

(A) Definition: An establishment providing, as a principal service, remedial or hygienic treatment of the body by manipulation. Said service shall also be considered a customary ancillary use in fitness centers, barber and beauty shops, hotels, resorts, and medical facilities.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary										X						X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every 250 square feet of total floor area or 1.0 space per employee on the largest shift and 2.0 spaces per customer service station, whichever is greater.

(E) Additional regulations: None.

(4) 350-48(m)(4) Mixed-use building.

(A) Definition: A single building containing a combination of permitted commercial uses or residential and commercial uses, in which the permitted commercial uses are located on the ground floor with residential or commercial above.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: Per the individual uses.

(E) Additional regulations:

(i) A mixed-use building shall be permitted in all zoning districts, so long as all of the uses within are permitted within the zoning district or overlay district in which the mixed-use building is located.

(ii) Where different bulk criteria are required by the each of the uses within the mixed-use building, the greater of the criteria shall apply.

(iii) Residential and nonresidential uses shall have separate entrances.

(iv) No commercial use shall be located above a residential use.

(v) Mixed-use buildings in the IC-1 District shall contain residences only where such building is located a minimum of 1,320 feet from any industrial use requiring a special exception or conditional use approval.

(vi) For all mixed-use buildings greater than 5,000 square feet in floor area, the residential uses shall comprise no more than 50% of the total floor area.

(5) 350-48(m)(5) Motel.

(A) Definition: A facility which contains two or more guestrooms and provides lodging to guests for compensation, where at least 25% of all rooms have direct access to the outside without the necessity of passing through the main lobby of the building, and which may have a restaurant and other services as a part of the compensation. No more than 10% of the guests accommodated by the motel on any given day shall have resided in the motel for a continuous period in excess of five days, and in no case shall any guest stay for a period exceeding 30 days in any six-month period.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary													X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per guest room plus calculated spaces for restaurants; if publicly accessible meeting rooms are available, 1.0 space per 100 square feet of total floor area devoted to the meeting room area; one large parking space for parking areas containing more than 50 standard spaces; plus one large off-street loading zone if the use is greater than 50,000 square feet in area.

(E) Additional regulations: None.

(6) 350-48(m)(6) Motor freight terminals.

(A) Definition: A use, the primary function of which is the processing and transfer of materials or products from one transportation asset to another transportation asset, and the secondary functions of short-term storage of product or materials to be transferred. Ancillary functions may include the storage and servicing of motor freight vehicles and trailers, convenience accommodations for their drivers, and administrative offices. Motor freight terminals are physically characterized by a ratio of less than 3,000 square feet of total floor area for each loading dock.

[Amended 3-20-2019 by Ord. No. 1044]

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use																X

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift), plus 1.0 space for every two loading docks or 1.0 space per 3,000 square feet of floor area used for material storage and distribution and vehicle maintenance and service, plus 1.0 space per 250 square feet of floor area used for office space and driver convenience areas, whichever is greater; plus 1.0 oversized space for every two loading docks, and 1.0 container (trailer) spaces (55 feet by 10 feet in size) per loading dock. The area serving the loading dock does not count as a parking or container space but does count toward the required off-street loading zones.

(E) Additional regulations: Where so noted in Subsection (m)(6)(C) above, a motor freight terminal shall be permitted by conditional use review and approval subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(e):

(i) All repair work at motor freight terminals shall be performed within an enclosed building and no inoperative, dismantled, or partially dismantled vehicles or trailers or parts thereof shall be parked or stored outdoors except in storage areas totally screened from the street and from adjoining properties. Such screening shall be of sufficient height as to completely hide such vehicles 12 months of the year.

(ii) Specific standards for conditional use. Motor freight terminals shall comply with and satisfy all of the following specific standards:

[Amended 3-20-2019 by Ord. No. 1044]

[1] Such uses shall require the submission of a transportation impact study of the primary access route(s) between the use and PA Route 309, US Route 22, I-476, or I-78, for that portion of the access route(s) located within South Whitehall Township, as part of the establishment of a new use proposing 10 or more loading docks, or the expansion of an existing use that proposes 10 or more loading docks (existing and proposed) in the aggregate, or the expansion of an existing use proposing 10 or more additional loading docks, cumulatively, since the prior submission of a transportation impact study or the establishment of the use, whichever is applicable. The transportation impact study shall be prepared by a civil engineer licensed to practice in Pennsylvania with experience preparing such studies and shall be prepared in accordance with the Institute of Transportation Engineer's (ITE) Recommended Practice Traffic Access and Impact Studies for Site Development, current edition, and PennDOT Publications "Policies and Procedures for Transportation Impact Studies," 201 and 282, current editions.

[2] Such uses shall require the submission of evidence that the proposed new use or expansion of the existing use provides sufficient off-street trailer parking spaces available for pre- and post-loading and unloading activities.

[3] Such uses shall require the submission of evidence that the off-street trailer parking spaces are located on concrete or similar deformation-resistant surfaces constructed in a manner that ensures the stability of a fully loaded trailer stored for an extended period of time.

[4] Such uses shall require the submission of evidence that the proposed new use or expansion of the existing use provides sufficient off-street tractor trailer parking spaces available for tractor trailers arriving during nonbusiness hours to prevent tractor-trailers from parking on public streets while waiting for access to the facility.

[5] Such uses shall require the submission of evidence that the proposed new use or expansion of the existing use provides sufficient off-street queueing space available at facility entrances to prevent vehicles from queueing on public streets while waiting for access to the facility.

[6] Such uses require the submission of written plans, checklists or other measures to deal with the outdoor storage of hazardous materials, either in trailers or other containers, to the Public Safety Commission for their review and advisory recommendation to the Board of Commissioners.

[7] Submission of a truck routing map indicating anticipated routes to and from the proposed facility. The aforementioned transportation impact study shall include all anticipated routes shown on the truck routing map submitted by the applicant.

[8] Submission of engineered access/intersection plans and sign package(s) that guide truck movements in a manner consistent with the above-mentioned routing map.

[9] Submission of a written description of strategies that will be implemented to reduce gate wait times and free up internal parking spaces at the facility. Such strategies may include electronic data, automated vehicle identification, and equipment tracking technology.

[10] If the facility is located adjacent to an active railroad line, the applicant shall send a written request to the rail line inquiring whether rail service sidings or siding reserve areas are something that the rail line would permit at the subject site. If the rail line will permit rail service sidings or siding reserve areas at the subject site, the applicant shall include same on the plan.

[11] Submission of a written description of the strategy to assure that trucks are able to access the facility at any time of the day or night. This may include key cards, on-duty security and separated secure areas. A plan note containing this description shall also be included on the final, recordable plan.

[12] The site shall have a minimum of one secure truck parking space outside of the shown dock positions for each 50 trucks served per day at the facility.

[13] The site shall have driver amenities in each building, including showers, food services, sleeping areas, and entertainment and waiting areas. At least one amenity shall be provided for every 25 truck loading/unloading docks/doorways of the use. The size of each such amenity shall be proportionate to the number of loading/unloading docks/doorways, with a minimum area to accommodate six seats and one four-person table.

[14] Submission of plan(s) and/or description identifying pedestrian and/or bicycle accommodations to be incorporated internal and external to the facility. At a minimum, this submission shall include:

[a] Employee bicycle rack;

[b] If the site is located on a public transit route, a public transit stop or an area reserved for a future public transit stop, as may be determined by the serving transit authority;

[c] Sidewalks along the perimeter of the subject property where the perimeter is bounded by roads;

[d] An employee gathering space internal to the site which shall be at least 1,200 square feet in size for every 25 truck loading/unloading docks/doorways. The employee gathering space shall not be the same area as the driver amenity area;

[e] Development of a defined internal pedestrian network.

[15] Submission of a written description of strategies that the facility will use to shift truck traffic from the most congested peak hours of traffic to off-peak hours. These strategies may include extending or modifying facility operating hours.

[16] Submission of a written description of strategies that the facility will use to prevent trucks from idling for extended periods, including facility policies, provision of sleeping facilities or electrical power hook-ups.

(7) 350-48(m)(7) Motor vehicle repair facility.

(A) Definition: A commercial use engaging primarily in the repair of motor vehicles, including, but not limited to, automobiles, motorcycles, all-terrain vehicles, trucks, recreational vehicles, motor homes, and motorized boats and watercraft. A motor vehicle repair facility engages primarily in the major repair or replacement of motor vehicle components, including, but not limited to, engine, drive train, exhaust, and frame, as well as body work and painting. Motor vehicle repair facilities may secondarily include services associated with the use of the vehicles being repaired, including motor vehicle service, cleaning, and retail sales of accessory products.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception														X		X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each employee on the largest work shift plus 4.0 spaces per service bay, one large parking space for parking areas containing more than 50 standard spaces. In addition, the site for mechanized commercial car washes shall provide for stacking of at least six vehicles per bay, plus required employee parking, and an additional three drying spaces per bay; plus one large off-street loading zone.

(E) Additional regulations: Where so noted in Subsection (m)(7)(C) above, a motor vehicle repair facility shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Fuel dispensing equipment shall be located no closer than 25 feet to the ultimate right-of-way line or an adjoining property.

(ii) Overhead canopies providing protection for the fuel dispensing equipment and motorists shall be located no closer than 10 feet to the ultimate right-of-way line or an adjoining property.

(iii) The entire area of the site for the travel or parking of motor vehicles shall be paved.

(iv) Repair of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts shall be stored outdoors.

(v) No motor vehicle repair facility that engages in the sale or dispensing of liquid or gaseous motor vehicle fuel to the general public shall be located within 500 feet of any elementary or secondary school, library, hospital or within 1,500 feet of any other facility that engages in the sale or dispensing of liquid or gaseous motor vehicle fuel to the general public. Said distance shall be measured in a straight line between the closest lot lines of the proposed use and the public use or other facility that engages in the sale or dispensing of liquid or gaseous motor vehicle fuel to the general public.

(vi) Rental or sale of any kind of vehicle is prohibited.

(vii) No vehicles shall be permitted to be standing or parked on the premises for more than 15 days other than those used by the employees in direct or indirect operation of the establishment and vehicles for rental, sale or being repaired when permitted by other sections of this chapter. Any outdoor storage area shall be wholly screened from the street and from adjoining lots in accordance with § 350-42(b).

(8) 350-48(m)(8) Motor vehicle sales facility.

(A) Definition: A commercial use engaging primarily in the sale or rental of motor vehicles, including, but not limited to, automobiles, motorcycles, all-terrain vehicles, trucks, recreational vehicles, motor homes, and motorized boats and watercraft. Motor vehicle sales facilities may secondarily include services associated with the sale or rental of the vehicles being sold, including motor vehicle repair, motor vehicle service, cleaning, and retail sales of accessory products. This shall not be interpreted, however, to include the sale and service of motorized vehicles for which a license is not required of either the vehicle or operator, such as, but not limited to, mopeds, golf carts, segueways, and the like. This shall not include the sale and dispensing of fuel to the general public.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary													X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every 200 square feet of floor area and ground area devoted to sales, plus 4.0 spaces per service bay, and 1.0 space for each employee on the largest shift. In addition, the site for mechanized commercial car washes shall provide for stacking of at least six vehicles per bay, plus required employee parking, and an additional three drying spaces per bay.

(E) Additional regulations:

(i) Fuel dispensing equipment shall be located no closer than 25 feet to the ultimate right-of-way line or an adjoining property.

(ii) Overhead canopies providing protection for the fuel dispensing equipment and motorists shall be located no closer than 10 feet to the ultimate right-of-way line or an adjoining property.

(iii) The entire area of the site for the travel or parking of motor vehicles shall be paved.

(iv) Repair of motor vehicles shall be performed in a fully enclosed building. No motor vehicle parts shall be stored outdoors.

(9) 350-48(m)(9) Motor vehicle service facility.

(A) Definition: A commercial use engaging in the sale or dispensing of liquid or gaseous motor vehicle fuel, the sale and servicing of tires, batteries, automotive accessories and replacement items; washing and lubrication services; or performance of minor automotive maintenance and repairs, supply of other customer service and products relating to the operation and maintenance of vehicles. This use shall not be interpreted, however, to include motor vehicle repair activities. Motor vehicle service facilities may secondarily include retail sales activities and fast food restaurant activities, including, but not limited to, the sale of food, beverages, periodicals, and other consumer goods. Any dining areas, inside or outside the building, shall be included in the total square footage.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception									X		X	X	X	X		X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each 100 square feet of gross floor area and one for each employee on the largest work shift. In addition, the site for mechanized commercial car washes shall provide for stacking of at least six vehicles per bay, plus required employee parking, and an additional three drying spaces per bay; plus one large off-street loading zone.

(E) Additional regulations: Where so noted in Subsection (m)(9)(C) above, a motor vehicle service facility shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Additional parking. In addition, the site for mechanized commercial car washes shall provide for stacking of at least six vehicles per bay, plus required employee parking, and an additional three drying spaces per bay.

(ii) Fuel dispensing equipment shall be located no closer than 25 feet to the required ultimate right-of-way line.

(iii) Overhead canopies providing protection for the fuel dispensing equipment and motorists shall be located no closer than 10 feet to the required ultimate right-of-way line.

(iv) The entire area of the site for the travel or parking of motor vehicles shall be paved.

(v) Servicing of motor vehicles, except for those services performed by customers, shall be performed in a fully enclosed building. No motor vehicle parts shall be stored outdoors.

(vi) No motor vehicle service facility shall be located within 500 feet of any elementary or secondary school, library, hospital (collectively, "public use"). No motor vehicle service facility that engages in the sale or dispensing of liquid or gaseous motor vehicle fuel to the general public shall be located within 1,500 feet of another facility that engages in the sale or dispensing of liquid or gaseous motor vehicle fuel to the general public. Said distance shall be measured on a straight line between the closest lot lines of the proposed use and, as applicable, the public use or other facility that engages in the sale or dispensing liquid or gaseous motor vehicle fuel to the general public. Exception: one motor vehicle service facility may be located within 1,500 feet of no more than one other such facility under the following conditions:

[Amended 9-1-2021 by Ord. No. 1059]

[1] That the two such Facilities are separated by a public road; and

[2] When located at the intersection of two public roads, are separated by the public road of the higher street classification.

(vii) Rental or sale of any kind of vehicle is prohibited.

(viii) No vehicles shall be permitted to be standing or parked on the premises for more than 15 days other than those used by the employees in direct or indirect operation of the establishment and vehicles for rental, sale or being repaired when permitted by other sections of this chapter. Any outdoor storage area shall be wholly screened from the street and from adjoining lots in accordance with § 350-42(b).

(ix) Additional regulations for on-premises signs permitted for a motor vehicle service facility. In addition to signage permitted by § 350-48(s)(10)(E)(x), (xi) or (xii) (as applicable), a maximum of one additional freestanding signs shall be permitted for motor vehicle service facilities. Each sign shall:

[1] Not exceed 150 square feet in sign area.

[2] Have a maximum height of 25 feet.

[3] Contain an area not to exceed 50% of the sign area for the purpose of displaying fuel pricing, the area of which may be changeable characters and/or electronic graphic display. Should an electronic graphic display be used, the following subsections apply:

[a] At least one minute shall elapse between static images.

[b] Maximum transition time between successive static images shall be one second and dissolving or fading of static images shall not be permitted.

[c] In the event of a malfunction, a default mechanism shall freeze the image in one position.

[d] Automatic dimming and brightness. The sign shall be equipped and operated with automatic dimming technology which automatically dims the luminance during ambient low-light and nighttime (dusk to dawn) conditions to 150 nits or less during the period 30 minutes after sunset to 30 minutes before sunrise and limits the luminance during daylight conditions to 5,000 nits provided that the luminance at no time exceeds 0.3 footcandles of light above the normal ambient light levels. A certification from the sign manufacturer verifying that the sign is equipped with automatic dimming technology in accordance with this subsection shall be submitted with the sign permit application. An operation test report shall be submitted as part of the final inspection certified by an electrical or professional engineer that the sign complies with the luminance requirements of this subsection.

[e] No sign shall be located within a two-hundred-fifty-foot radius of intersecting centerlines of public streets at an intersection controlled by a traffic signal or similar safety device. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.

[f] No sign shall be located within a one-hundred-foot radius from the intersecting centerlines of a public street and a nonresidential driveway. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.

[g] No sign shall be located within a one-hundred-foot radius from the end of an exit ramp and the separation shall be measured from the point where the ramp taper terminates along the priority road. Also, no sign shall be located within a one-hundred-foot radius from the beginning of an entrance ramp and the separation shall be measured from the point where the ramp taper begins along the priority road.

[h] No sign shall be located within a one-hundred-foot radius from the end of an exit ramp or beginning of an entrance ramp at an interchange.

[i] No sign shall be located within 150 feet of an electronic graphic display sign along the same side of a street.

(n) Uses starting with the letter "N."

(1) 350-48(n)(1) Nightclub.

(A) Definition: Any commercial building or portion thereof used for on-site consumption of alcoholic beverages where live music, entertainment or dancing is offered. For purposes of this definition, "live music" shall include the use of disc-jockeys.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary											X		X		X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest shift, 1.0 spaces for each permanent seat, plus 1.0 space for every 50 square feet of any additional room used for the assembly of the general public, if applicable, excluding lobbies, vestibules and similar areas, plus one large off-street loading zone.

(E) Additional regulations: None.

(2) [5]350-48(n)(2) Nursing home.

(A) Definition: A building or part thereof used for the lodging, boarding and nursing care, on a twenty-four-hour basis, of four or more persons who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of another person. "Nursing home," wherever used in this Code, shall include nursing care facilities and convalescent homes, skilled nursing facilities, intermediate care facilities, and infirmaries contained within homes for the aged.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception												X		X		X
Conditional use

(D) Minimum off-street parking calculations: Plus one large off-street loading zone if the use area is greater than 10,000 square feet, or one oversized off-street loading zone if the use area is greater than 50,000 square feet.

(E) Additional regulations: Where so noted in Subsection (n)(3)(C) above, a nursing home shall be permitted by special exception subject to the minimum standards and criteria set forth in § 350-41(d).

[5] Editor's Note: Former § 350-48(n)(2), No-impact home-based business, was repealed 2-1-2023 by Ord. No. 1072. This ordinance also renumbered former § 350-48(n)(3) as § 350-48(n)(2).

(o) Uses starting with the letter "O."

(1) 350-48(o)(1) Off-street loading zone.

(A) Definition: A labeled and delineated area of paved or hardscaped surface accessible by motor vehicles for the temporary loading and unloading of said motor vehicles.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Adequate space for loading and unloading services shall be provided and maintained so that the orderly flow of vehicular and pedestrian traffic throughout the site is not unduly interrupted.

[1] Large loading space provided. A large loading space shall comply with the requirements of a large parking space as defined in § 350-48(o)(2) and shall have a height clearance of not less than 14 feet.

[2] Oversized loading space provided. An oversized loading space shall comply with the requirements of an oversized parking space as defined in § 350-48(o)(2) and shall have a height clearance of not less than 14 feet.

[3] Location of loading and unloading space. Loading and unloading space shall be located adjacent to the principal building. If an outdoor storage area is available, one or more of the required loading and unloading spaces may be within the outdoor storage area. Loading and unloading spaces shall be designated by appropriate striping and labeling.

(ii) The quantity of large or oversized loading and unloading spaces required shall be as follows:

[1] Industrial (unless otherwise specified): one oversized space for every 20,000 square feet or fraction thereof.

[2] Skilled nursing care more than 10,000 square feet: one large space. If the use exceeds 50,000 square feet, one oversized space shall be provided instead of the large space.

(2) 350-48(o)(2) Off-street parking.

(A) Definition: An off-street area consisting of parking spaces, access lanes, and other passageways such as, but not limited to, fire lanes (excluding those approved as unpaved stabilized turf areas), vehicular turn-around areas, queuing and existing lanes for drive-through services, drop off and pick up areas, and loading and unloading areas.

[Amended 9-20-2017 by Ord. No. 1024]

(B) Use classification: Agricultural, nonresidential, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary							X	X						X
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Except during construction, logging, mining or agricultural activities, or otherwise permitted within this chapter, the use and operation, including parking, storage or repair, of any motor vehicle, the use and operation of which requires a license for either the vehicle or the operator, on private property shall be restricted to areas conforming with the requirements of §§ 350-42(d), 350-42(r), and 350-48(o)(2), or within an enclosed building or structure. Off-street parking spaces, open air or indoor, shall be provided with all uses as specified in this chapter. The establishment of any off-street parking area having a capacity of four or more vehicles shall be subject to the issuance of a zoning permit and shall be in conformance with all requirements of § 350-48(o)(2).

[1] Residential off-street parking servicing three or fewer dwelling units shall comply with all regulations within this section, as applicable, except for Subsections (o)(2)(E)(iii), (iv), and (v) below.

[2] All off-street parking spaces, except those regulated under Subsection (o)(2)(E)(i)[1] above, shall comply will all regulations within this section, as applicable.

[a] No parking area requiring a permit per § 350-48(o)(2)(E)(i)[2] shall be located in the required front yard of a dwelling unit, except where such front yard or other restricted area has been used for parking and has been established as a nonconforming use, this use may continue. Any alteration, remodeling or addition to such parking area shall be approved by the Zoning Hearing Board upon finding that there is no reasonable alternative.

[b] Up to 50% of the off-street parking spaces required of a principal use may be located on a lot other than that lot which the principal use is located on, so long as such spaces lie within 600 feet of such principal use and is not separated from the principal use by a collector or arterial street.

(ii) Spaces to be provided. The standards of this chapter shall be deemed the minimum requirements of the Township and it is hereby declared to be the intent of this subsection that each and all uses shall provide sufficient space to accommodate the vehicles of all persons expected to be employed or otherwise visit or occupy the premises in question.

[1] The types of off-street parking spaces to be provided for each use and establishment shall be for standard, large and oversize spaces; the specifications for each are set forth in Subsection (o)(2)(E)(iii) below. The proportion of large spaces to be provided to standard spaces to be provided is one to 150, with fractions rounded down to the nearest whole number. For the purposes of this § 350-48(o)(2), the term "spaces" refers to standard spaces, unless otherwise specified. Requirements for standard spaces are calculated first, and then calculations for large and oversized spaces are based upon those standard space calculations. Large and oversized spaces are not to be included in the standard space requirements of this section. If a large space is specified for a particular use under Subsection (o)(2)(E)(ii)[2] below, that number is added to the number required within this Subsection (o)(2)(E)(ii)[1]. The proportion of oversize spaces to be provided to standard spaces to be provided is one to 300, with fractions rounded down to the nearest whole number. Unless otherwise specified, references to parking spaces in Subsection (o)(2)(E)(ii)[2] below refer to standard parking spaces.

[2] The number of off-street parking spaces to be provided for each use and establishment shall be sufficient to accommodate the vehicles of the use, its employees and customers or visitors but not less than the aggregate of the following:

[a] Commercial general rule: 1.0 space for each 200 square feet of total floor area.

[b] Industrial general rule: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 1,000 square feet of total floor area, whichever is greater; plus 1.0 oversized space for every five loading docks (or fraction thereof), and 1.0 (trailer) spaces (55 feet by 10 feet in size) for every five loading docks (or fraction thereof). The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

[c] Public assembly general rule: 1.0 space for each three permanent seats, plus 1.0 space per 50 square feet of any additional room used for the assembly of the general public, if applicable, excluding lobbies, vestibules and similar areas.

[3] When the computation of the number of required parking spaces results in a fraction, such fractions shall be resolved to the next highest whole number.

[4] Where a building contains a number of uses or activities, the required off-street parking shall be the aggregate, sum of that which would be required for each use individually.

[5] The Zoning Hearing Board may grant a variance to the above requirements when it is documented to the Board's satisfaction that the requirements would result in unneeded parking. Sufficient area shall be reserved, however, to meet these requirements in full, and the Board of Commissioners may require partial or complete enlargement up to these standards as conditions indicate such enlargement is warranted.

[6] The collective provision of off-street parking by two or more buildings or uses located on adjacent industrial or commercial district lots is permitted, provided there is a recorded right for the adjacent properties to continue using those facilities so long as either use or building continue to exist and that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately.

(iii) Design and construction.

[1] Design standards.

[a] Indented parking, i.e., creating parking spaces by indenting the curb line or right-of-way of a street or by traversing said curb line is hereby prohibited.

[b] No parking area for five or more vehicles shall be permitted which will cause vehicles to back onto a collector or arterial street, except in RR-3, RR-2 or R-R Districts or where land is being used for agricultural, horticultural, nursery, including raising and keeping of farm animals.

[c] Parking areas shall be designated so that each vehicle may proceed to and from its parking space without requiring the movement of any other vehicle.

[d] All parking areas shall be adequately graded, drained, paved with a hard surface such as macadam, concrete, etc., and maintained annually. Adequate provision satisfactory to the Township shall be made to channel, divert and/or retain stormwater runoff to prevent or minimize flooding both upstream and downstream. Such provisions shall take into account the effect of future development within the watershed.

[e] All parking areas shall be confined within Portland cement concrete curbing, guardrails, or anchored bumper blocks to prevent or discourage parking or traveling off the paved area. Portland cement concrete curbing may also be specified where it is necessary to control stormwater runoff.

[f] All parking areas shall be clearly marked for vehicle spaces.

[g] No parking area shall provide for more than 25 vehicle spaces in any row without being separated by planting strips at least 10 feet in width or planting aisles with a minimum area of 162 square feet.

[h] Parking areas exceeding 30,000 square feet in commercial and industrial districts shall be provided with curbing, and planter strips to control traffic flow and to provide walkways for pedestrian safety in the parking areas to the satisfaction of the Township.

[2] Parking space size.

[a] Standard parking spaces.

[i] All nonparallel standard parking spaces shall be nine feet wide and 18.5 feet long.

[ii] All parallel standard parking spaces shall be 22 feet long and eight feet wide.

[b] Large parking spaces.

[i] All nonparallel large parking spaces shall be 10 feet wide and 37 feet long.

[ii] All parallel large parking spaces shall be 45 feet long and nine feet wide.

[c] Oversize parking spaces.

[i] All nonparallel oversize parking spaces shall be 12 feet wide and 65 feet long.

[ii] All parallel oversize parking spaces be 80 feet long and 12 feet wide.

[3] Minimum width of access lanes.

(1) Minimum Width (feet) of Access Lanes Adjacent to Standard and Large Parking Spaces
Angle of Parking	One-Way Traffic	Two-Way Traffic
Parallel	12	22
30°	13	25
45°	13	25
60°	18	24
90°	22	24

(2) Minimum Width (feet) of Access Lanes Not Adjacent to Standard and Large Parking Spaces
Lane Type	One-Way Traffic	Two-Way Traffic
All, excluding those with fire lanes	12	22
Access lanes having posted fire lanes	18 Greater than 18 if required by the Fire Official	24 Greater than 24 if required by the Fire Official

(3) Minimum Width (feet) of Access Lanes Adjacent to Oversize Parking Spaces
Angle of Parking	One-Way Traffic	Two-Way Traffic
Parallel	12	22
30°	30	40
45°	36	46
60°	54	64
90°	60	70

[4] Illumination. All parking areas, except those servicing three or fewer dwelling units, shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation in accordance with the standards set forth in § 350-42(i) which standards are also the applicable standards for parking areas.

(iv) Setbacks required.

[1] The following setbacks are required for all parking areas not entirely contained in a garage or building:

[Amended 3-20-2019 by Ord. No. 1044]

Size of Parking Area (square feet)	Setback from Ultimate Right-of-Way Line (feet)	Side and Rear Setback From Lot Line(s) (feet)
Less than 8,000	25	15
8,000 or greater	50	25

[2] For purposes of this § 350-48(o)(2)(E)(iv), the size of the parking area shall be the sum of all parking areas that are not separated from each other by at least 50 feet at their closest point.

[3] The side and rear yard setbacks for parking areas provided for commercial and/or industrial uses shall be double that specified in this § 350-48(o)(2)(E)(iv) when said parking area abuts the boundary line of a residential district or the lot line of a residential use.

[4] The side and/or rear yard setbacks specified in Subsection (o)(2)(E)(iv)[3] immediately above may be omitted in commercial and industrial districts between adjacent parking areas.

[5] The setbacks specified in this § 350-48(o)(2)(E)(iv) for parking areas less than 8,000 square feet also shall apply for parking areas greater than 8,000 square feet where the lot on which the business office and parking area exist:

[a] Is located in the Office Commercial (OC) Zoning District; and

[b] The lot area does not exceed 2.0 acres.

[6] The side and rear yard setbacks specified in Subsection (o)(2)(E)(iv)[3] above shall not be required for a parking area in an Office Commercial (OC) Zoning District where the subject lot has frontage on an arterial road and the abutting lot either is (i) developed with a commercial or industrial use, or (ii) municipally owned. When the foregoing criteria are met and the subject lot also abuts an existing residential use, the side and rear yard setbacks specified in Subsection (o)(2)(E)(iv)[3] above shall continue to apply for that portion of the parking area that abuts the existing residential use, but shall not apply for the remainder of the parking area. As used in this section, "abuts" and "abutting" shall mean that the property containing the parking area physically touches/adjoins the other lot, and shall not apply to a circumstance where the other lot is separated by a road from the subject lot containing the parking area.

[7] For uses utilizing the provisions of § 350-45(d), the parking setbacks from the ultimate right-of-way line listed in Subsection (o)(2)(E)(iv)[1] above may be reduced by the same amount applied to the front yard setback under § 350-45(d), notwithstanding any other applicable subsections of this § 350-48(o)(2)(E)(iv).

[8] Residential parking spaces required by § 350-48(o)(2)(E)(i)[1] shall have no setback requirements.

(v) Buffer strips, screening and landscaping. All improved off-street parking areas required or specified in this chapter and not entirely contained in a garage or building shall:

[1] Have a buffer strip and screening between it and any adjacent residential lot in accordance with § 350-42(b). Such screening shall be augmented as necessary to prevent the glare of headlights from shining on adjacent residential properties.

[2] Provide one shade tree for every 10 parking spaces located in a planned manner within or adjacent to the parking lot areas. Where more than 50% of a parking area is effectively precluded from planting shade trees because of an overhead power line electric utility restriction, the foregoing shade tree requirement shall not apply to those spaces located within the area that is restricted by such electric utility requirement; provided, however, that substitute plantings as may be deemed to be appropriate by the Township may be required to the extent they are not in conflict with the utility restriction. The Township shall have the right to confirm specific landscaping restrictions with the utility company.

[3] The area between the parking area and a public street shall be landscaped to include plantings at least 30 inches in height. Said plantings shall be at least 50% evergreen shrubbery and shall average at least one for every 10 feet of frontage.

[4] The planting and screening required by this section shall not be located so as to obstruct vision at intersections of driveways and streets.

(vi) Maintenance. All improved parking areas shall be maintained in good condition. Pavement shall be patched, replaced or resurfaced and snow or ice removed in such a manner that at least 85% of the parking area may be used at all times without risk of danger to persons or vehicles using said area. The period of time that the 100% of the parking spaces is not available shall not exceed 48 hours for any given seven-day period. Parking areas shall not be used for storage of materials or goods. Litter, paper, junk, cinders, mud, etc., shall be removed as frequently as necessary to prevent a nuisance to persons using the facility or to adjoining property owners.

(vii) Parking canopies. Structures that are open on all vertical sides and designed to shade or provide some overhead cover from the elements for vehicles parking in designated parking spaces may be provided and shall conform to the following regulations:

[Added 9-20-2017 by Ord. No. 1024[6]]

[1] Parking canopies shall conform to the appropriate parking setbacks.

[2] Parking canopies (including any attached structures or appurtenances) shall be no taller than 25 feet above the parking surface and shall not exceed the maximum height of building structure requirements for the applicable zoning district.

[3] No signs shall be permitted on parking canopies except those noted in § 350-48(s)(10)(E)(ii), Exempt signs.

[6] Editor's Note: This ordinance also renumbered former Subsection (o)(2)(E)(vii) as Subsection (o)(2)(E)(viii).

(viii) Parking garages. Parking garages may be provided to satisfy the off-street parking requirements of this chapter provided:

[1] Parking garages, if provided, shall have a floor area of not less than 200 square feet per vehicle, not including aisle space which shall be at least 20 feet in width. Such garage may be built into the principal structure or separately constructed as herein provided. Spaces within the garage shall be 10 feet wide and 20 feet long per vehicle, exclusive of access drives.

[2] All parking garages shall observe all yard requirements imposed on the principal building. In no case shall a parking garage be permitted between the principal building and a street, whether private or public. Parking garages rented separately from the principal use shall not be counted as off-street parking for that use.

[3] Each parking garage shall be so designed that each vehicle may proceed to and from its parking space without requiring the movement of any other vehicle.

[4] The architectural design and materials used in the construction of parking garages shall be similar to and compatible with the design and materials used in the construction of the principal buildings.

(3) 350-48(o)(3) Off-street parking, seasonal.

(A) Definition: An area of off-street parking that may be used on a seasonal basis wherein only the access aisles are paved or hardscaped.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception															X
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: Where so noted in Subsection (o)(3)(C) above, seasonal off-street parking shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) The unpaved portions of the parking area are properly graded, mowed and otherwise maintained to avoid ruts, catch basins for water and other surface irregularities; and

(ii) All access lanes are properly paved in the manner required by § 350-42(d)(2) hereof to the minimum lane widths by § 350-48(o)(2)(E)(iii)[3];

(iii) Except for the parking space confinement and delineation requirements of § 350-48(o)(E)(iii)[1][e] and [f], seasonal parking areas shall meet all criteria set forth in this chapter which otherwise regulate commercial off-street parking areas.

(iv) No seasonal parking area established after September 30, 1984, shall be utilized for any commercial or recreational purpose whatsoever between November 1 and March 31.

(4) 350-48(o)(4) Off-street parking, temporary seasonal.

(A) Definition: A parking area or a portion of a parking area used for seasonal purposes which will be eliminated or converted to a permanent parking area within 36 months after commencement of its use for seasonal parking purposes.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory															X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Except as otherwise provided in § 350-48(o)(3), a parking area or a portion of a parking area used for seasonal purposes which will be eliminated or converted to a permanent parking area within 36 months after commencement of its use for seasonal parking purposes shall be considered a temporary seasonal parking area. A temporary seasonal parking area shall conform with the requirements of a seasonal parking area except that the requirements of § 350-48(o)(2)(E)(ii) relating to paving; § 350-48(o)(2)(E)(v) relating to buffering and screening; and § 350-42(i) relating to illumination are hereby waived, provided the aisle and passageways of the temporary parking area are maintained with crushed stone or other similar surface (including grass paving systems approved by the Township Engineer) and temporary illumination sufficient to ensure the safe passage of patrons to and from the grounds, where commercial recreation activities are being conducted, is provided. Except as otherwise provided in Subsection(o)(2)(E)(ii) immediately below, a temporary seasonal parking area which is not eliminated or converted into a permanent parking area within 36 months after the commencement of its use shall no longer be used for parking purposes until the same is either converted into a permanent parking area or a special exception has been granted to allow its use as a seasonal parking area.

(ii) A temporary seasonal parking area which will be used only as an "overflow parking area" does not need to be eliminated or converted into a permanent parking area within 36 months after commencement of its use. For purposes of this section, an "overflow parking area" shall mean that temporary seasonal parking area or portion of a temporary seasonal parking area which is used for regular parking less than 15 days per year.

(5) 350-48(o)(5) Office park.

(A) Definition: A specific type of coordinated development of at least one of the following uses - business or professional office, medical office - in at least two buildings which are planned, constructed and managed as one entity of at least 15,000 square feet of total primary use area, and where customer and employee parking is shared and provided on-site. Other primary uses permitted in the zoning district may be permitted in an office park so long as the business or professional office and/or medical office uses comprise the majority of the total primary use area within the office park. The regulations for coordinated developments also apply to office parks, unless otherwise specified in Subsection (o)(5)(E) below.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X		X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each 275 square feet of total primary use area. Plus off-street loading zones as required by each individual use.

(E) Additional regulations:

(i) For additional signage regulations, see § 350-48(s)(10)(E)(xii).

(6) 350-48(o)(6) Office, business and professional.

(A) Definition: A facility where the principal use is conducting the affairs of a business, profession, service, or government, in which only such personnel are employed as are customarily required for the practice of such business, profession, service, or government. Office functions shall include administration, record keeping, clerical work and similar business functions and shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods, or products, or the sale or delivery of any materials, goods or products. For purposes of this chapter, "business and professional office" shall not include medical offices as defined herein.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X		X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each 300 square feet of useable office area within the building, plus one large off-street loading zone.

(E) Additional regulations: None.

(7) 350-48(o)(7) Office, medical.

(A) Definition: A facility for human ailments operated by a group of state-licensed physicians, dentists, chiropractors, or other licensed practitioners for the treatment and examination of outpatients, provided that no patients shall be kept overnight on the premises. As an accessory use, this use may involve the testing of tissue, blood or other human materials for medical or dental purposes.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X		X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: For buildings up to 14,999 square feet the parking ratio shall be 1.0 parking space provided for each 200 square feet of useable office area. For buildings 15,000 square feet and larger, the parking ratio shall be 1.0 parking space provided for each 250 square feet of useable office area, plus one large off-street loading zone if the use is greater than 10,000 square feet in area.

(E) Additional regulations: None.

(8)

[Added 3-20-2019 by Ord. No. 1044[7]]

(A) Definition: A lot, or portion thereof, of land or water, which is dedicated as open space to the Township, a homeowners' association, a governmental or quasigovernmental organization, or similar organization, and is accessible to the residents of a particular development or the public at large.

(B) Use classification: Institutional, nonresidential, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations:

(i) Active open space: For areas determined by the Zoning Officer to be active open space, the minimum off-street parking calculations for high-intensity recreation, low-intensity recreation, recreation facility or recreation fields shall be used, as appropriate to the use proposed in the area. Off-street parking shall be reduced by the number of parking spaces that may be provided along the public street frontage of the portion of the lot upon which the open space fronts.

(ii) Passive open space: For areas determined by the Zoning Officer to be passive open space, no off-street parking is required.

(E) Additional regulations.

(i) Open space owned by a homeowners' association.

[1] Ownership, maintenance and preservation of open space owned by a homeowners' association shall be regulated under § 350-32(h), wherein any references to "planned residential development" or "PRD" shall be replaced by the term "development," as appropriate.

[7] Editor's Note: This ordinance also redesignated former Subsection (o)(8) as Subsection (o)(9).

(9) 350-48(o)(8) Outdoor storage.

(A) Definition: Outdoor storage facilities occupying, in aggregate, more than 4,000 square feet for fuel, raw materials, and/or products; fuel, raw materials, and/or products stored outdoors; and/or any of the following items not owned or leased by the property owner or tenant of the building or structure that are present during non-business hours when no employees of the property owner or tenant of the building or structure are onsite: commercial motor vehicles parked or stored on the property, towed or impounded vehicles, trailers, and construction vehicles and/or equipment. Outdoor storage of less than 4,000 square feet is considered an ancillary use and shall meet all applicable requirements under this chapter.

(B) Use classification: Commercial, industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception													X	X		X	X
Conditional use

(D) Minimum off-street parking calculations: One space for every 5,000 square feet of enclosed outdoor storage area. Not applicable if an accessory use.

(E) Additional regulations: Unless otherwise more specifically addressed in this chapter, where so noted in Subsection (o)(8)(C) above, outdoor storage, as a primary or as an accessory use, shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Be enclosed by an eight-foot chain-link fence and visual screen in accordance with § 350-42(b).

(ii) Shall conform to all setbacks imposed upon the primary use.

(iii) Shall be paved to the extent that vehicles exiting the outdoor storage area do not introduce mud or debris onto a public street.

(iv) In the case of trailers that are required to be licensed by the Commonwealth of Pennsylvania being parked or stored in outdoor storage areas, the areas of outdoor storage upon which trailers are parked shall be paved and the design and construction of which shall conform to the standards established by South Whitehall Township and shall be subject to approval by the Township Engineer.

(v) No materials or waste shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, or animals, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

(vi) All materials or waste which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers which are adequate to eliminate such hazards.

(p) Uses starting with the letter "P."

(1) 350-48(p)(1) Pavilion.

(A) Definition: A roofed structure providing an area for picnicking or passive recreation that is generally open on all sides.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory									X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(2) 350-48(p)(2) Personal service business.

(A) Definition: Businesses whose principal activities involve the provision of personal services to the general public, including but not limited to barber, beauty shop, nail salon, tailor, dressmaking, massage service establishment, shoe repair, photographer, travel agency or similar service uses, including a dry cleaning storefront for pickup and drop-off, but excluding processing, and laundromats, and secondarily may involve the minor retail sale of products associated with the principal activity. This definition excludes adult uses.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X		X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each 250 square feet of total floor area.

(E) Additional regulations: None.

(3) 350-48(p)(3) Pet shop.

(A) Definition: A use, the primary function of which is the sale of pets, the sale of pet supplies and/or the provision of pet-related services, such as, but not limited to, feeding, grooming, training or boarding. Pet shops shall service and house all animals indoors. Any outdoor housing, feeding or sheltering of animals is considered to be a kennel use.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X		X	X	X	X			X
Accessory
Special exception	X	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every 200 square feet of total floor area.

(E) Additional regulations:

(i) Pet shops shall only offer for sale those animals permitted for ownership within the Township of South Whitehall.

(ii) Any buildings, structures or areas within which animals are to be housed, serviced, exercised or kept shall be no less than 200 feet from a residential dwelling.

(iii) Where so noted in Subsection (p)(3)(C) above, a pet shop shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

[1] In residential zoning districts, hours of operation shall be restricted to between 8:00 a.m. and 8:00 p.m.

[2] In residential zoning districts, signage shall be subject to § 350-48(s)(10)(E)(xiii).

(4) 350-48(p)(4) Place of worship.

(A) Definition: A building or group of buildings, including customary ancillary buildings, designed for public worship and other activities customarily associated with public worship, including but not limited to administration of the place of worship and associated activities, religious teaching, religious ceremonies, nonprofit and/or charity-related community gatherings and events, but excluding schools.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: Within the dedicated worship area, 1.0 space for each four permanent seats, where provided, or where permanent seating is not provided 1.0 space for each 70 square feet of assembly area. Within areas other than those dedicated for worship, parking requirements appropriate for the use of the area. Parking requirements for all uses are cumulative, as if all uses are active concurrently; plus one large off-street loading zone.

(E) Additional regulations:

(i) Additional on-premises signs for elementary or secondary schools, public buildings, and places of worship. In addition to the signs permitted in § 350-48(s)(10)(E)(ix), signs that expressly and directly pertain to the business or activity conducted on the same premises shall be permitted in residential districts for elementary or secondary schools, public buildings, or places of worship in accordance with the following:

[1] Signs described in § 350-48(s)(10)(E)(x)[1] are permitted provided the aggregate area of said signs shall not exceed 250 square feet.

[2] One freestanding sign not exceeding 100 square feet in area consisting of changeable letters or providing an enclosure for temporary signs or posters for the purpose of announcing events, programs or other matters of general interest to the public.

[3] The South Whitehall Township Zoning Hearing Board may approve a zoning application for an identification ground sign that includes digital messaging subject to the following:

[a] The minimum standards and criteria of §§ 350-48(s)(10)(E)(x)[3][b] through [l] and 350-41(d) shall apply.

[b] The applicant has provided evidence deemed adequate by the Zoning Hearing Board that the applicant has successfully mitigated any potential negative impacts to residentially zoned or residential property.

(5) 350-48(p)(5) Printing, binding, publishing, etc.

(A) Definition: A use, the primary function of which is printing, binding, publishing or other similar commercial or institutional activities.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary																X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 1,000 square feet of total floor area, whichever is greater; plus 1.0 oversized space for every five loading docks (or fraction thereof), and 1.0 (trailer) space (55 feet by 10 feet in size) for every five loading docks (or fraction thereof). The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

(E) Additional regulations: None.

(6) 350-48(p)(6) Public building.

[Amended 9-20-2017 by Ord. No. 1024; 3-20-2019 by Ord. No. 1044]

(A) Definition: Any building owned or leased by a governmental or quasigovernmental entity and used primarily for public purposes, such as, but not limited to, public libraries or museums, or county, state, and/or federal buildings, excluding prisons, criminal rehabilitation and correctional facilities. A public building owned or operated by South Whitehall Township or on Township-owned property or easements is exempt from the requirements of this chapter. "Public building" shall not include cellular communications facilities or open space.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X	X	X	X
Accessory
Special Exception
Conditional Use	X	X	X	X	X	X	X	X

(D) Minimum off-street parking calculations: Per the individual use. If publicly accessible meeting rooms are available, 1.0 space per 100 square feet of total floor area devoted to meeting room area.

(E) Additional regulations: Where so noted in Subsection (p)(6)(C) above, public building shall be permitted by conditional use approval, subject to the following minimum standards and criteria, in addition to those set forth in § 350- 41(d):

(i) Additional on-premises signs. In addition to the signs permitted in § 350-48(s)(10)(E)(ix), signs that expressly and directly pertain to the activity conducted on the same premises shall be permitted in residential districts in accordance with the following:

[1] Signs described in § 350-48(s)(10)(E)(x)[1] are permitted provided the aggregate area of said signs shall not exceed 250 square feet.

[2] One freestanding sign not exceeding 100 square feet in area consisting of changeable letters or providing an enclosure for temporary signs or posters for the purpose of announcing events, programs or other matters of general interest to the public.

[3] The South Whitehall Township Zoning Hearing Board may approve a zoning application for an identification ground sign that includes digital messaging subject to the following:

[a] The minimum standards and criteria of §§ 350-48(s)(10)(E)(x)[3][b] through [1] and 350-41(d) shall apply.

[b] The applicant has provided evidence deemed adequate by the Zoning Hearing Board that the applicant has successfully mitigated any potential negative impacts to residentially zoned or residential property.

(q) Uses starting with the letter "Q."

(1) 350-48(q)(1) Quarry.

(A) Definition: A use, the primary purpose of which is the extraction of stone or similar natural materials. Ancillary uses may include material processing, material shipping activities, administrative offices, and similar customary uses.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception																	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift), plus three oversized spaces.

(E) Additional regulations: Where so noted in Subsection (q)(1)(C) above, a quarry shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) No excavation, blasting or stock piling of materials shall be closer than 300 feet to any lot line, including a street right-of-way line.

(ii) No power-activated sorting machinery or equipment shall be closer than 600 feet to any lot line, including a street right-of-way line.

(iii) The proposed use shall be approved by the Lehigh County Air Pollution Control Commission with respect to the standards applied by that agency.

(iv) Any open excavation having a slope of more than 45° shall be fenced at the top of the slope by a safety fence of at least six feet in height.

(v) All buildings, structures and equipment shall be removed within 90 days after termination or cessation of the use, which, for this purpose, shall be deemed to be inactivity of the quarry for a period of 90 days. In the event a structure or building associated with the quarry is useable for another use permitted in the district, and an occupancy permit is obtained for such other use within 90 days after termination or cessation of the quarry, that structure or building need not be removed.

(vi) Not more than 30% of the total property covered by the quarry permit or 25 acres, whichever is less, shall be in a state of excavation at any one time. Reclamation, according to the reclamation plan, may be carried on as soon as excavation is completed on any part. If the above excavation limits have been met without any reclamation, no new excavation areas may be opened until such time as reclamation has been accomplished on a sufficient area to allow excavation to proceed and the 30% or twenty-five-acre limit to be maintained.

(vii) The application shall state full particulars as to the proposed use: construction, operation, and maintenance of the quarry as well as the plan for ultimate reclamation of the land. The application shall include a complete site plan and site layout, location of building, structures, and equipment; an existing and ultimate topographic or contour map; plans for moving and shipping any products processed or sold; a reclamation plan indicating how the excavated land can be restored for productive use; and such other material as may be required to indicate the full scope of the operation.

(viii) The transfer of any products, by-products, or any other materials from the quarrying operation by trucks shall be done in a covered vehicle or be sufficiently wet before leaving the site so as not to cause undue amounts of dust or spillage in any part of the Township.

(ix) Provision shall be made for the disposal of waste products on the premises and a sanitary landfill cover method shall be used periodically for covering said waste products.

(x) No excavation shall be made to a ground-water-producing depth and excavations must be graded or backfilled to meet the following requirements:

[1] All banks shall be left with a slope no greater than 30°, except that greater slope will be permitted if in substantial conformity to the land immediately surrounding of the reclamation plan.

[2] The property shall be so graded that stagnant water will not be permitted to collect thereon.

(xi) Upon the completion of operations, the land shall be left in a safe condition, so that sufficient drainage shall be provided so as to prevent water pockets or undue erosion with all grading and drainage such that runoff water leaves the entire property at the original, natural drainage points, and that the area drainage to any one such point is not increased except as may be approved in the reclamation plan.

(xii) Where topsoil is removed, sufficient arable soil shall be set aside for respreading over the excavated area.

(xiii) Upon replacement of the topsoil, trees, shrubs, legumes, grasses or other ground cover shall be planted upon such area in order to avoid erosion as far as is practicable and consistent with the reclamation plan.

(xiv) In approving or denying any quarry application, the Zoning Hearing Board shall give careful consideration to the above standards and specifications and shall have been provided with maps, drawings and other suitable supporting documents giving reasonable assurance that such standards will be met by the operation before granting a permit. In their review of these matters and in arriving at their decision, the Zoning Hearing Board shall be guided by and take into consideration the public health, safety, general welfare and particular consideration shall be given to the following factors:

[1] Erosion by water and wind.

[2] Draining.

[3] Soil fertility.

[4] Grades and elevations of adjoining lands and streets.

[5] Land values and uses.

[6] Such other factors as may bear upon or relate to the coordinated, adjusted and harmonious physical development of the Township.

(xv) Before any permit or permission for a quarry shall be granted or issued, the owner or applicant shall file with the Township Manager a bond, in form and with surety acceptable to the Township Commissioners in such amount as in their opinion shall be sufficient to insure the faithful performances of the work to be undertaken pursuant to the permission granted under the provision of this chapter and in compliance with the reclamation plan.

(xvi) The entire quarrying operation including excavation, grading, reclamation, drainage, equipment and structures shall be subjected to an annual inspection by the Township Engineer. The Engineer shall be directed to make each such inspection and the fees for his services shall be paid by the permit holder. The purpose of such inspection shall be to determine whether all requirements of this chapter have been and are being met. The Engineer shall file a complete report on the results of his inspection with the Building Inspector providing the permittee with a copy thereof.

(r) Uses starting with the letter "R."

(1) 350-48(r)(1) Recreation, high-intensity.

(A) Definition: An activity operated for the purpose of recreation or entertainment, and characterized by one or more of the following: Building or site development intensive, regional in nature, spectator-oriented, event-oriented, commercial in nature (i.e., a fee is charged), associated with an increase in lighting, trash, noise, and traffic. Such uses include, but are not limited to, movie theaters, indoor sports arenas, performing arts facilities, indoor skating rinks. Outdoor uses include, but are not limited to, fairgrounds, outdoor stadiums, outdoor theaters, and racing facilities. The use may include the accessory use "recreation fields," which requires special exception use review. This definition shall not include a golf driving range, any adult entertainment establishments or betting activities.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary															X		X
Accessory
Special exception											X	X	X	X
Conditional use

(D) Minimum off-street parking calculations: A minimum of 1.0 space per employee on the largest shift, plus 1.0 space for every three permanent seats, plus 1.0 space per 50 square feet of any additional room used for the assembly of the general public (not including lobbies, vestibules and similar areas), plus 1.0 space for every three players or performers in the most intensive use for every playing area or venue available within the high-intensity recreation use.

(E) Additional regulations: Where so noted in Subsection (r)(1)(C) above, high-intensity recreation shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Such uses shall require the submission of evidence that the facility provides sufficient off-street parking to accommodate the maximum capacity of the facility.

(ii) Such uses shall require the submission of evidence that the facility provides sufficient traffic queuing area to prevent traffic entering or exiting the facility from queuing on public streets.

(iii) Such uses shall require the submission of evidence that exterior lighting is sufficiently screened so as to limit the effects of sky glow, limit the intensity of illumination on adjoining properties, and to prohibit the direct view of the lamp source from adjoining properties.

[Amended 3-20-2019 by Ord. No. 1044]

(2) 350-48(r)(2) Recreation, low-intensity.

(A) Definition: A use, the primary function of which is recreation or entertainment, characterized by one or more of the following: an emphasis on open space, passive recreation activities, minimal site impact, low spectator emphasis, and club membership or entrance fees. Such uses include, but are not limited to: private libraries, museums, arboretums, botanical gardens, wildlife sanctuaries, zoos or aquariums; privately held unstructured open space (including greens, squares, plazas or similar open spaces); and other commercial passive recreation parks. This definition shall not include any adult entertainment establishments or betting activities, commercial camps, rod and gun clubs. The use may include the accessory use "recreation fields," which requires special exception use review.

[Amended 3-20-2019 by Ord. No. 1044]

(B) Use classification: Commercial.

[Amended 3-20-2019 by Ord. No. 1044]

(C) Where permitted:

[Amended 3-20-2019 by Ord. No. 1044]

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X	X	X	X	X	X	X	X	X
Accessory
Special exception	X	X	X
Conditional use

(D) Minimum off-street parking calculations: A minimum of 1.0 space per employee on the largest shift, plus 4.0 spaces for every playing court (tennis, squash, or similar), and/or 1.0 space for every 75 square feet of water surface open to swimming, and/or 1.0 space for every 500 square feet of total floor area (not included in other parking calculations for the use), and/or 1.0 space for every 0.1 acres of publicly accessible open space (not included in other parking calculations for the use).

(E) Additional regulations: Where so noted in Subsection (r)(2)(C) above, low-intensity recreation shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Such uses shall require the submission of evidence that the facility provides sufficient off-street parking to accommodate the maximum capacity of the facility.

(ii) Such uses shall require the submission of evidence that the facility provides sufficient traffic queuing area to prevent traffic entering or exiting the facility from queuing on public streets.

(iii) Such uses shall require the submission of evidence that exterior lighting is sufficiently screened so as to limit the effects of sky glow, limit the intensity of illumination on adjoining properties, and to prohibit the direct view of the lamp source from adjoining properties.

[Amended 3-20-2019 by Ord. No. 1044]

(iv) In residential zoning districts, signage shall be subject to § 350-48(s)(10)(E)(xiii).

(3) 350-48(r)(3) Recreation facility.

(A) Definition: A use, the primary function of which is for the purposes of recreation or entertainment, whether indoor or outdoor, and does not meet the definition of low-intensity recreation facility or high-intensity recreation facility and including such uses as bowling alleys, health and fitness clubs, karate or similar training facilities, gymnastics or similar training facilities, outdoor swim clubs/tennis courts, miniature golf, pitch and putt golf, batting cages and the like. The use may include the accessory use "recreation fields," which requires special exception use review.

[Amended 9-20-2017 by Ord. No. 1024; 3-20-2019 by Ord. No. 1044]

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X		X	X	X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for every employee on the largest shift, plus 1.0 space for every 150 square feet of total floor area, and/or 3.0 spaces for every tee, and/or 2.0 spaces for every batting cage or similar station that would be used by one user or participant at a time.

(E) Additional regulations: None.

(4) 350-48(r)(4) Recreation fields.

(A) Definition: A use, the primary function of which is the playing of, or practice for, team sports. Shall include ancillary structures traditionally associated with recreation fields, including, but not limited to, bleachers, concession stands, press boxes, storage sheds, batting cages, fencing, scoreboards, and lighting.

[Amended 3-20-2019 by Ord. No. 1044]

(B) Use classification: Commercial, institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary															X
Accessory															X
Special exception	X	X	X	X	X	X	X	X	X		X	X	X	X
Conditional use

(D) Minimum off-street parking calculations: A minimum of 15.0 spaces per field, plus 1.0 space for every four permanent seats and/or every eight linear feet of bleacher seating.

(E) Additional regulations: Where so noted in Subsection (r)(4)(C) above, a recreation field shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Parking.

[1] Such uses shall require the submission of evidence that the facility provides sufficient off-street parking to accommodate the maximum capacity of the facility.

[2] Such uses shall require the submission of evidence that the facility provides sufficient traffic queuing area to prevent traffic entering or exiting the facility from queuing on public streets.

(ii) Recreation field lighting. The illumination of recreation fields shall meet the following requirements, in order to limit the effects of sky glow, limit the intensity of illumination on adjoining properties, and to limit the direct view of the lamp source from adjoining properties.

[1] General requirements:

[a] Luminaires should be selected with an optical system and proper orientation such that the defined beam does not extend beyond the sports or recreation facility.

[b] Ensure that proper mounting heights are selected, with the top of the field angle of the luminaire a minimum of 10° below the horizontal plane projected from the luminaire. Low luminaire mounting heights increase glare and have a negative impact on the illumination of the field, and may be objectionable to the players or participants on the field. Greater setback and higher mounting heights will produce an effective shield from viewing the direct source of illumination.

[c] Internal or external glare shields shall be utilized on all luminaries. The impact of the shields must be properly reflected in the point-by-point calculations.

[d] Low reflectance colors shall be used on surrounding critical surfaces to minimize the impact of reflected light and resultant sky glow.

[2] Specific requirements:

[a] The aiming angles of the luminaires shall be such that the arc tube of the lamp is not directly visible from an adjoining property.

[b] Illumination levels on adjoining properties shall not exceed 0.5 footcandles horizontal, and 1.0 vertical footcandles, measured at a height of four feet zero inches above grade.

[c] A site plan must be submitted to the Township Engineer for review and recommendation, and for approval by the Township, and shall include a general layout of the site indicating field layouts, locations of all lighting standards, point-by-point level indication, catalog information for the fixtures and poles used including number of luminaires, arrangement of luminaires, and aiming angles of luminaires. The site plan shall also define the surrounding properties indicating the zoning designation and grading. In order to determine that spill light does not exceed the levels indicated in Subsection (r)(4)(E)(ii)[2][b], the calculation grid for illumination levels shall extend sufficiently into surrounding properties.

[d] In general, illuminance criteria should not exceed the values established in RP-6-01 based on the sport and class of the field. Special consideration may be given to exceed these values when television broadcasting is proposed on a regular basis. Requests will be evaluated on a case-by-case basis with special consideration of the impact on surrounding properties.

[e] Automatic controls shall be incorporated into the design to ensure the luminaries are extinguished no later than 11:00 p.m. Manual override control should be included to allow for earlier extinguishing of the luminaries at the conclusion of the function. Conversely, the manual override control shall allow for illumination beyond 11:00 p.m., if needed, to provide illumination for the attendees to exit the premises, for the unexpected circumstance in which the event has not concluded by 11:00 p.m.

[f] Degree or factory preset timing is the preferred method for fixture installation and aiming. If target aiming is to be performed, the aiming plan shall be submitted to the Township for review to ensure the field-aiming matches the submitted design criteria.

(iii) Ancillary buildings or structures.

[Added 3-20-2019 by Ord. No. 1044]

[1] Such buildings or structures shall require the submission of evidence that the buildings or structures shall not cause excessive light, noise, odor, dust or vibration to be directed toward nearby residential uses so as to adversely impact the nearby residential uses.

(5) 350-48(r)(5) Recreational clubhouse.

(A) Definition: A use, the primary function of which is to provide indoor recreational, meeting and/or administrative space to serve the residents of a development and that is maintained and operated as part of the open space, and the Township approved agreement for maintenance of the same.

[Amended 3-20-2019 by Ord. No. 1044]

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X					X
Special exception
Conditional use

(D) Minimum off-street parking calculations: For office areas, 1.0 space for every 300 square feet; for areas of public assembly, 1.0 spaces for each permanent seat, plus 1.0 space for every 50 square feet of any additional room used for the assembly of residents and guests, if applicable, excluding lobbies, vestibules and similar areas.

(E) Additional regulations:

[Amended 3-20-2019 by Ord. No. 1044]

(i) Any development that provides open space which is maintained and operated in accordance with § 350-32(h) may provide a recreational clubhouse as part of that open space.

(6) 350-48(r)(6) Research and development facility.

(A) Definition: A use, the primary function of which is work directed toward the innovation, introduction, and improvement of products and processes. Such a use may include ancillary manufacturing and/or production facilities used to assist the research or test the products or processes.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary																X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 1,000 square feet of total floor area, whichever is greater; plus 1.0 oversized space for every five loading docks (or fraction thereof), and 1.0 (trailer) spaces (55 feet by 10 feet in size) for every five loading docks (or fraction thereof). The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

(E) Additional regulations: None.

(7) 350-48(r)(7) Restaurant, fast food.

(A) Definition: An establishment where the primary use is the serving to the public preprepared or rapidly prepared food, soft drinks, ice cream, or similar confections directly to customers without the use of wait staff for consumption on or off the premises. Fast food restaurants may or may not have drive-through facilities. This shall not include establishments which provide similar services that are incidental to the primary use, such as, but not limited to, bed-and-breakfasts, boarding house, child day-care centers, convenience stores, motor vehicle service facilities, educational Institutions, exhibition centers, golf courses, pitch and putt golf courses, grocery stores without seating areas, hospitals, hotels, extended stay hotels, motels, nursing homes, offices of any kind, public park and recreation area, recreation facilities of any kind, retirement facilities, elementary or secondary schools, commercial or trade schools, service clubs, swimming pool, or theaters.

(B) Use classification: Commercial.

(C) Where permitted:

[Amended 9-20-2017 by Ord. No. 1024]

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X*		X	X	X	X
Accessory
Special Exception									X*
Conditional Use

*	See Subsection (E), Additional regulations, below.

(D) Minimum off-street parking calculations: The greater of 8.0 spaces or 1.0 space for each three seats plus 1.0 space for each employee on the largest work shift or 1.0 space for each 100 square feet of total floor area, one large parking space for parking areas containing more than 50 standard spaces.

(E) Additional regulations:

[Amended 9-20-2017 by Ord. No. 1024]

(i) Fast food restaurants located within the Neighborhood Commercial NC Zoning District shall be permitted without drive-through facilities.

(ii) Within the Neighborhood Commercial NC Zoning District, drive-through facilities associated with fast food restaurants require special exception review by the Zoning Hearing Board.

(8) 350-48(r)(8) Restaurant, sit down.

(A) Definition: An establishment where the primary use is the serving to the public prepared food and drink with the use of wait staff for consumption upon or off the premises (not for resale offsite). Sit-down restaurants shall not have drive-through facilities.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X		X	X	X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: The greater of 1.0 space for each three seats plus 1.0 space for each employee on the largest work shift or 1.0 space per 80 square feet of total floor area, one large parking space for parking areas containing more than 50 standard spaces; plus one large off-street loading zone if the use is greater than 5,000 square feet in area.

(E) Additional regulations: None.

(9) 350-48(r)(9) Retail sales.

(A) Definition: Businesses whose principal activities involve the display and sale of goods and products to the general public, and secondarily may involve services associated with the principal activity. This term shall not include motor vehicle service facilities, drive-through facilities, adult entertainment establishments, or body art establishments.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X		X	X	X	X
Accessory
Special exception												X*		X*
Conditional use

NOTES:
*	See the appropriate Zoning District Schedule for more information

(D) Minimum off-street parking calculations: 1.0 space for each 200 square feet of total floor area; plus one large off-street loading zone if the use is greater than 10,000 square feet, or one oversized off-street loading zone if the use is greater than 50,000 square feet, 1.0 space for every 200 square feet of exterior display area open to the public.

(E) Additional regulations: Where so noted in Subsection (r)(9)(C) above, a retail sales establishment shall be permitted by special exception subject to the minimum standards and criteria set forth in § 350-41(d).

(10) 350-48(r)(10) Retirement facility.

(A) Definition: A specific type of coordinated development which is a planned residential community for persons of retirement age (aged 55 or older), consisting of independent living units, assisted living residences, skilled nursing care, nursing home, or a combination thereof. A retirement facility shall include communal dining, recreation, and open space. Ancillary health care facilities and ancillary retail sales of food and drugs may also be provided specifically for the use of residents of the complex. The regulations for coordinated developments also apply to retirement facilities, unless otherwise specified in Subsection (r)(10)(E) below.

(B) Use classification: Commercial, institutional and residential.

[Amended 9-20-2017 by Ord. No. 1024]

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary							X	X								X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.5 parking spaces per independent dwelling unit plus the spaces required in accordance with other applicable regulations within this section, such as, but not limited to, assisted living residences, skilled nursing care, and/or nursing home; plus one large off-street loading zone if the use area is greater than 10,000 square feet, or one oversized off-street loading zone if the use area is greater than 50,000 square feet.

(E) Additional regulations:

(i) The following uses are permitted.

[1] Single detached dwelling units.

[2] Two-unit dwellings.

[3] Townhouses.

[4] Apartments.

[5] Medical offices.

[6] Assisted living residences.

[7] Nursing home.

[8] Community building(s), including dining and recreational facilities.

[9] Ancillary retail sale of food and drugs.

[10] Ancillary low-intensity recreation, limited to serving the residents of the retirement facility and their guests. See Subsection (r)(10)(E)(v) below.

[Added 3-20-2019 by Ord. No. 1044]

(ii) Medical offices shall be limited to those needed to serve current residents.

(iii) The maximum lot area of ancillary retail space shall be 5% of the gross tract area.

(iv) Minimum tract requirements:

[1] Minimum tract size: 10 acres.

[2] Minimum frontage: 200 feet.

(v) Open space: A minimum of 15% of the gross tract area shall be designated as an ancillary low-intensity recreation use and designed and maintained in accordance with the active open space requirements of § 350-31(g).

[Amended 3-20-2019 by Ord. No. 1044]

(vi) Maximum density: 13.0 dwelling units per acre. For purposes of calculating density, two long-term care beds shall equal one dwelling unit.

(vii) Maximum building coverage shall be 40%; maximum impervious coverage shall be 75%.

(viii) Maximum building height shall be 50 feet.

(ix) A perimeter buffer with a minimum width of 25 feet shall abut any existing residential uses or districts. Buffers shall be planted in accordance with § 350-42(b).

(x) The overall plan shall be designed and built as a visually cohesive and unified architectural and landscaping scheme.

(xi) Where subsections of the retirement facility are permitted to be under individual ownership (such as any commercial area, independent living units, or assisted/skilled nursing facilities), the overall management and maintenance of all common areas and functions of the CCRC, including open space, stormwater management areas, parking, walkways, private roads, refuse/recycling collection, snow removal, and other common elements, shall be the responsibility of one management entity.

(11) 350-48(r)(11) Rod and gun clubs.

(A) Definition: A use, the primary function of which is the hosting of organizations and events dedicated to hunting, fishing, archery, target shooting, and/or similar outdoor sporting hobbies. Rod and gun clubs may contain archery and firearms ranges, a lodge or clubhouse, buildings or outdoor areas of public assembly, administrative offices and other similar and customary ancillary uses.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception	X	X	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per staff person on the largest shift; plus 1.0 space for every firing point for all projectile weapons or 1.0 spaces for each permanent seat and 1.0 space for every 50 square feet of any additional room used for the assembly of the membership and general public, if applicable, excluding lobbies, vestibules and similar areas, whichever is greater.

(E) Additional regulations: Where so noted in Subsection (r)(11)(C) above, a rod and gun club shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) No projectile, including but not limited to bullets, pellets and arrows, shall be propelled in such a manner or in such a direction as to cause the projectile to leave the property.

(ii) Discharge of firearms or propelling of projectiles shall be confined to approved firing or target ranges equipped with adequate backstops and safety fences.

(iii) Indoor firing or target ranges shall be no closer to a lot line than 100 feet; outdoor ranges for the discharge of firearms shall be no closer than 250 feet.

(iv) Ranges for the discharge of firearms shall not be used after 10:00 p.m. nor before 9:00 a.m.

(v) Such uses shall require the submission of evidence that the facility provides sufficient off-street parking to accommodate the maximum capacity of the facility.

(vi) Such uses shall require the submission of evidence that the facility provides sufficient traffic queuing area to prevent traffic entering or exiting the facility from queuing on public streets.

(s) Uses starting with the letter "S."

(1) 350-48(s)(1) Sanitary landfill.

(A) Definition: A use, the primary function of which is the disposal and/or isolation of waste materials from the environment, primarily through burial or containment.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use																X

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift).

(E) Additional regulations: Where so noted in Subsection (s)(1)(C) above, a sanitary landfill shall be permitted by conditional use review and approval subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(e):

(i) Such sites or facilities shall submit copies of any permits, letters of approval, air or water testing or monitoring reports, or like type documentation that demonstrates compliance with applicable federal and state rules, regulations and requirements, and with the requirements of any Solid Waste Management Ordinance[8] enacted by South Whitehall Township.

[8] Editor's Note: See Ch. 288, Solid Waste.

(ii) A fifty-yard buffer zone shall be established adjacent to the perimeter lot lines upon which no solid wastes shall be deposited or stored.

(iii) Within the required buffer zone, two parallel rows of dense shrubbery six feet high set three feet apart, as well as trees, shrubs and other suitable vegetation, shall be planted and landscaping provided in a manner acceptable to the Township Shade Tree Commission to fully obscure any view of the site or facility from public roadways and adjacent public or private properties, and to maintain, preserve and enhance the environmental integrity of the surrounding area.

(iv) Such sites or facilities shall be completely enclosed by chain-link fencing, or such other durable fencing as approved by the Township, which fencing shall be no less than six feet in height but which shall not exceed a maximum height limitation of eight feet. All fencing shall be set back at least 45 feet from a lot line.

(v) The buffering and fencing requirements of Subsection (s)(1)(E)(iv) immediately above shall be deemed inapplicable to facilities utilized solely for the storage and transfer of clean recyclables approved as to content by the Township.

(vi) No site or facility shall be permitted or established on any portion of a site which is subject to flooding, chronic wetness or is located within a floodplain, flood fringe or in areas where continuous or intermittent contact occurs between solid waste and the ground water table.

(vii) The disposal of sewage and hazardous wastes in any form shall be prohibited at any such site or facility (however, nothing herein stated shall preclude the proper application of nonhazardous sewage sludge from a waste water treatment plant to agricultural land for agricultural purposes if such application is approved by the Commonwealth Department of Environmental Protection).

(viii) Such sites and facilities shall be operated and maintained in such manner so as to prevent health hazards, environmental degradation, the attraction, harborage or breeding of insects, rodents, vectors, and to eliminate conditions which create safety hazards, odors, dust, unsightliness, excessive noise, toxic or obnoxious fumes, public nuisances, or impose a hardship on adjoining property owners or result in an undue burden upon the Township, its municipal services and infrastructure.

(ix) All equipment shall be stored inside totally enclosed buildings.

(x) No solid wastes shall be stored outdoors or in such a manner as to permit dispersal or exposure to the natural elements.

(xi) Access to any such site or facility shall be limited in the following manner:

[1] Access to the site or facility shall be limited to normal operating hours. Attendants shall be present at the site during all operating hours.

[2] A gate or barrier as approved by the Township at the entrance to the site or facility shall be erected to block access to the site or facility.

[3] Normal operating hours for all sites or facilities (excepting incinerators) and normal delivery hours of all sites or facilities during weekdays shall be from 7:30 a.m. to 4:30 p.m. and on weekends from 7:00 a.m. to 12:00 noon on Saturdays. No waste deliveries shall be permitted at any other time. Additionally, the site or facility shall be closed on Christmas Day, New Year's Day, Thanksgiving Day, Good Friday, Labor Day, Memorial Day, and 4th of July. Incinerators shall be permitted to operate in excess of the time limitations set forth in this Subsection (s)(1)(E)(xi)[3]; however, waste deliveries shall be limited to the times set forth herein.

[4] Hours of operation and other limitations regarding access to the site or facility shall be prominently displayed on a sign at the entrance. The sign shall have a minimum size of three feet by four feet and a maximum of 20 square feet.

[5] Access shall be limited to collection vehicles bearing identification stickers issued by the Township. Such stickers shall be plainly visible on all vehicles admitted to the facility. Access by unauthorized vehicles or persons shall be prohibited.

[6] Operators shall upon request provide access keys to the facility for emergency personnel.

(xii) Measures and procedures to prevent and minimize fire hazards shall be established and practiced at the site or facility (which measures the procedures shall be not less stringent than the Township fire prevention ordinance or regulations) including, among other, the following measures and procedures:

[1] Water of adequate volume and pressure, as determined by the Township Engineer after consultation with the Township Manager, to supply water hose streams, or foam producing equipment or water spray systems, as well as necessary equipment, compatible with local fire department equipment, such as hoses, nozzles, and pumps for minimizing fire hazards, shall be available at the site.

[2] Telephone or radio communication shall be located at the site or facility, and shall be readily available or accessible. Furthermore, a list of all emergency numbers shall be provided for the plant operators. The Township shall be provided with information noting the names, addresses, and phone numbers of the appropriate plant officials to be contacted in case of an emergency.

(xiii) The site or facility shall be adequately policed, and adequate provision shall be made to prevent the dispersal or accumulation of any litter on or off site, and to prevent dust, fumes or debris from interrupting, hampering or obstructing operations at the site or facility or from causing health or safety hazards or public nuisances.

(xiv) Any burning or incineration process shall be equipped with adequate air pollution and emissions control devices and equipment to prevent any degradation of the quality or integrity of the environment below standards now or hereafter enacted in the Solid Waste Management Program of South Whitehall Township.

(xv) The operator of such site or facility shall take appropriate measures to guarantee that all waste materials shall remain within the transportation vehicles utilizing or transporting solid waste to or from the site or facility.

(xvi) No site or facility shall be operated which does not conform with any applicable state or federal laws, regulations and requirements regarding air pollution and emissions control or the protection and preservation of streams, waterways or any natural resources.

(xvii) Truck traffic and truck access to any such site or facility shall be arranged so as to minimize danger to or the interruption of normal traffic flow and so as to prevent any nuisance to adjacent or surrounding properties.

(xviii)  Every facility having or generating residues, residual wastes or other wastes as a result of the conduct or operation of such facility shall submit evidence of effective and binding contractual agreements with sites that are properly permitted by the appropriate state's regulatory agency, for the proper disposal of any such wastes, where the wastes will not or cannot be stored, or disposed of on-site.

(2) 350-48(s)(2) School, college and/or university.

(A) Definition: A use, the primary function of which is to offer post-high school program of academic instruction. The use may include the accessory use "recreation fields," which requires special exception use review.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception											X		X	X		X
Conditional use

(D) Minimum off-street parking calculations: A minimum of 1.0 space per student plus 1.0 space for each 500 square feet of classroom and office space; plus one large off-street loading zone.

(E) Additional regulations: Where so noted in Subsection (s)(2)(C) above, a college or university shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) Such uses shall require the submission of evidence that the facility provides sufficient off-street parking to accommodate the maximum capacity of the facility.

(ii) Such uses shall require the submission of evidence that adequate housing of students will be provided.

(3) 350-48(s)(3) School, commercial and/or trade.

(A) Definition: A training institution operated on a profit or nonprofit basis offering instruction or training that leads to proficiency in a vocational or trade skill.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary											X	X	X	X			X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per student plus 1.0 space for each 500 square feet of classroom and office space; plus one large off-street loading zone.

(E) Additional regulations: None.

(4) 350-48(s)(4) School, elementary and/or secondary.

(A) Definition: Any public, parochial, or private place of instruction licensed or accredited by the state or lawfully constituted ecclesiastical governing body for education up to grade 12, and where standards of instruction meet the requirements of the Commonwealth of Pennsylvania. The use may include the accessory use "recreation fields," which requires special exception use review. This term shall exclude colleges, universities, and any commercial and trade school.

(B) Use classification: Institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X		X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: Elementary: 2.5 spaces per classroom; plus one large off-street loading zone. Secondary: 1.0 space per staff member plus 3.0 for each administrative office plus 5.0 per high school classroom; plus one large off-street loading zone.

(E) Additional regulations:

(i) Additional on-premises signs for elementary or secondary schools, public buildings, and places of worship. In addition to the signs permitted in § 350-48(s)(10)(E)(ix), signs that expressly and directly pertain to the business or activity conducted on the same premises shall be permitted in residential districts for elementary or secondary schools, public buildings, or places of worship in accordance with the following:

[1] Signs described in § 350-48(s)(10)(E)(x)[1] are permitted provided the aggregate area of said signs shall not exceed 250 square feet.

[2] One freestanding sign not exceeding 100 square feet in area consisting of changeable letters or providing an enclosure for temporary signs or posters for the purpose of announcing events, programs or other matters of general interest to the public.

[3] The South Whitehall Township Zoning Hearing Board may approve a zoning application for an identification ground sign that includes digital messaging subject to the following:

[a] The minimum standards and criteria of §§ 350-48(s)(10)(E)(x)[3][b] through [l] and 350-41(d) shall apply.

[b] The applicant has provided evidence deemed adequate by the Zoning Hearing Board that the applicant has successfully mitigated any potential negative impacts to residentially zoned or residential property.

(5) 350-48(s)(5) School, massage.

(A) Definition: A training institution offering instruction in massage therapy operating on a profit or nonprofit basis that is licensed by the Pennsylvania Department of Education through the Pennsylvania State Board of Private Licensed Schools.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary											X	X	X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per student plus 1.0 space for each 500 square feet of classroom and office space; plus one large off-street loading zone.

(E) Additional regulations: None.

(6) 350-48(s)(6) Self storage facility.

(A) Definition: A use, the primary function of which is the renting or leasing individual storage space to renters who are to have access to such facility for the purpose of storing and removing personal property. Such space (such as rooms, lockers, containers, and/or outdoor space), is usually rented to tenants on a short-term (month-to-month or annual) basis. Also known as "self-service storage" and "mini-storage."

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary													X	X		X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 3.5 spaces per 1,000 square feet of sales/rental office floor area.

(E) Additional regulations: None.

(7) 350-48(s)(7) Service business.

(A) Definition: A use, the primary function of which is a business or not-for-profit enterprise that provides services to customers or clients that are primarily off-site. Secondary functions include the same or associated services provided onsite, retail sales of associated products, administrative offices and ancillary functions customarily associated with the service business. Service businesses may be characterized by administrative offices and equipment/stock storage areas that direct and serve a predominantly mobile staff. Examples of service businesses include plumbers, contractors, landscapers, cleaning services, security firms, exterminators, etc.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary									X		X	X	X	X		X	X
Accessory
Special exception												X*		X*
Conditional use

NOTES:
*	See the appropriate Zoning District Schedule for more information.

(D) Minimum off-street parking calculations: 1.0 space per 200 square feet of total floor area.

(E) Additional regulations: Where so noted in Subsection (s)(7)(C) above, a service business shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d):

(i) That the applicant provides evidence that sufficient parking for associated vehicles is provided.

(ii) That the applicant provides evidence that sufficient outdoor storage is provided for equipment, supplies and stock that is not to be stored within a building.

(8) 350-48(s)(8) Shopping center.

(A) Definition: A specific type of coordinated development consisting of a group of at least three of the following uses - retail sales, personal service business, business and professional office, medical office, bank, restaurant - which are planned, constructed and managed as one entity of at least 10,000 square feet of gross primary use area, where each establishment has an individual entrance from the parking area or street, and where customer and employee parking is shared and provided on-site. Other primary uses permitted within the zoning district may be permitted in a shopping center so long as the retail sales and/or personal service business comprise the majority of the total primary use area within the shopping center. The regulations for coordinated developments also apply to shopping centers, unless otherwise specified in Subsection (s)(8)(E) below.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary											X	X	X	X			X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space for each 225 square feet of gross floor area, plus 1.0 space for every 225 square feet of exterior display area open to the public, one large parking space for parking areas containing more than 50 standard spaces. Plus off-street loading zones as required by each individual use.

(E) Additional regulations:

(i) For additional signage regulations, see § 350-48(s)(10), Signs.

(9) 350-48(s)(9) Short-stay medical center.

(A) Definition: An in-patient or out-patient elective surgery and/or medical or dental treatment facility, not providing emergency trauma care services, and having at least five beds but no more than 30 beds for in-patient care, at which the average length of in-patient stay does not exceed 72 hours. The term "short-stay medical center" shall not include any facility in which is conducted the housing of the criminally insane or which provides treatment or housing of persons actively charged with or serving a sentence after being convicted of a felony. A short-stay medical center shall be permitted to include transitional skilled nursing services as an ancillary use, so long as such services are located on the same lot as the short-stay medical center or within a coordinated development of which the short-stay medical center is part thereof, and so long as the number of beds allocated to the skilled nursing services does not exceed 30 beds. In addition, the average length of stay for skilled nursing patients in a short-stay medical center shall not exceed 21 days. The skilled nursing services offered in connection with the short-stay medical center shall include professionally supervised nursing care and related medical and other health services provided for a period exceeding 24 hours to an individual not in need of hospitalization, but whose needs are above the level of room and board and can only be met in a long-term care nursing facility on an inpatient basis because of age, illness, disease, injury, convalescence or physical or mental infirmity. The term "skilled nursing services" includes the provision of inpatient services that are needed on a daily basis by the resident, ordered by and provided under the direction of a physician, and which require the skills of professional personnel, such as registered nurses, licensed practical nurses, physical therapists, occupational therapists, speech pathologists or audiologists.

(i) For purposes of this definition, the average length of stay shall be calculated by first adding the aggregate number of hours or days, as applicable, that all patients have been admitted in the short-stay medical center at any given point in time. This aggregate sum of hours or days, as applicable, shall then be divided by the number of patients then admitted in the short-stay medical center to determine the average length of stay. By way of example, if 10 patents are currently admitted into the short-stay medical center's transitional skilled nursing services component and the 10 patients have been admitted for an aggregate total of 93 days, the average length of stay at that point is 9.3 days. The average length of stay is anticipated to be a "rolling" figure and change from day to day as patients are admitted and discharged from the short-stay medical center.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary											X	X		X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 2.0 spaces for each in-patient bed and 1.0 space for each employee on the largest work shift; plus one large off-street loading zone if the use area is greater than 10,000 square feet, or one oversized off-street loading zone if the use area is greater than 50,000 square feet.

(E) Additional regulations: None.

(10) 350-48(s)(10) Signs.

(A) Definition: A sign shall be defined as any permanent or temporary structure or part thereof, or any device attached, painted, or represented directly or indirectly on or in a structure or other outdoor surface, including, but not by way of limitation, any letter, word, symbol, logo, insignia, flag, or representation, the primary purpose and function of which is to advertise, inform, announce or direct, and which is designed to attract the eye and bring the attention of the public or portion thereof to the said advertisement, information, announcement or direction or to the object of the said advertisement, information, announcement or direction. Excluded from the definition of "sign" are architectural designs and features used as standard building types. A building itself shall not be construed to be a "sign" even though its specific design may communicate a message by virtue of its specific or peculiar features. In no event, however, shall a letter, word, insignia, symbol, or logo be excluded from the definition of "sign," no matter how utilized.

(B) Use classification: Commercial, industrial, institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Additional definitions:

SIGN, BUILDING FACE

A sign that is attached and parallel with or painted on the face of a building.

SIGN, DIRECTORY

A sign relating the name and/or address of the building and/or the tenants and/or activities performed within said building.

SIGN, ELECTRONIC GRAPHIC DISPLAY

A sign or portion thereof that displays electronic, static images, static graphics or static pictures, with or without text information, defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area where the message change sequence is accomplished immediately. Electronic graphic display signs shall include computer programmable, microprocessor-controlled electronic digital displays. Electronic graphic display signs include projected images or messages with these characteristics onto buildings or other objects. The sign may not include lighting devices forming part of the message or border, video or scrolling messages.

SIGN, GROUND ENTRANCE IDENTIFICATION

A freestanding sign placed near the driveway mouth to identify the use served by said driveway.

SIGN, PERSONAL EXPRESSION

A sign, excluding billboards, that expresses noncommercial, philosophical, social, religious or political ideas or viewpoints which are protected by the First Amendment of the Constitution of the United States, or which offers endorsements of or announces opposition to candidates for political office or matters of electoral or legislative interest.

SIGN, PYLON

A freestanding sign exceeding 10 feet in height that informs as to the use of the property upon which it is located.

SIGN, TEMPORARY

A sign which shall remain in place for not more than 90 days.

SIGN, WAYFINDING

A sign of less than 12 square feet that serves only to direct traffic within a property or coordinated development.

(ii) Exempt signs: The following signs are exempt from the requirements of this chapter, except as expressly noted in this Subsection (s)(10)(E)(ii).

[1] Official traffic, directional, identification and other signs authorized by federal, state, county or Township governments.

[2] On-premises signs that are informative or directive in nature, which are related to activities being conducted on the subject premises where placed, such as, but not limited to, organizing traffic flow, way finding, parking or building access for the handicapped, public telephones, public rest rooms, park and recreational amenities, driveway entrances and exits, drive-through and queuing lanes, automatic teller machines, and educational, any of which are required to be in accordance with the following restrictions:

[a] Such signs shall not exceed four square feet in size except for signage that is expressly used to facilitate the ordering of items in a drive-through of a commercial use, which would be limited to 50 square feet in area.

[Amended 3-20-2019 by Ord. No. 1044]

[b] Such signs that are freestanding shall not be closer than 10 feet to any street legal right-of-way or lot line and shall not exceed eight feet in height above grade.

[c] Such signs shall not be illuminated (internally or externally) within 25 feet of any residential lot line.

[d] Such sign may bear text, logos, symbols or other related representation which would constitute advertisement or promotion but shall not exceed 50% of the sign face.

[e] Such signs shall abide by the provisions found in § 350-48(s)(10)(E)(vii), 350-48(s)(10)(E)(viii) and 350-48(s)(10)(E)(xvi).

[3] Temporary event signs. On-premises signs for temporary events are exempt. Off-premises signs regulated under § 350-48(s)(10)(E)(xv).

[4] Certain coordinated development signs. After the initial permit approval, changes to signs permitted via the provisions of § 350-48(s)(10)(E)(xii)[4], [5], [6] and [7], as long as the changes do not alter the existing approved location, illumination or dimensions of said sign.

[5] Personal expression signs. Personal expression signs shall comply with the requirements of § 350-48(s)(10)(E)(vii), 350-48(s)(10)(E)(viii) and 350-48(s)(10)(E)(xvi). Personal expression signs that fall within the definition of billboards shall comply with the requirements of § 350-48(b)(4) or (5), as applicable. Personal expression signs which are not billboards shall not exceed 10 square feet in size. Except with regard to the size limitations of this subsection, notwithstanding any other provision of the sign regulations found in this chapter, personal expression signs shall, in all cases, be subject to only the least restrictive provisions found in § 350-48(s)(10)(E)(iii) through (xvi) for any sign type in any location in the zoning district within which it is to be placed.

[6] In addition to any other signage permitted by this subsection, a nonresidential lot may display a maximum of three flags, where each flag is a maximum of 35 square feet and flown on a standard flagpole with a maximum height of 35 feet. Such flags may display the flag of the United States, a United States Military branch, the flag of the Commonwealth of Pennsylvania, or the POW/MIA. Each flagpole shall be set back a distance equal to its height from all lot lines. In the event that a flagpole is attached to a building, such flagpole shall not extend above the sign height line of such building.

(iii) Nonconforming signs. Nonconforming signs, once removed, shall be replaced only with conforming signs; however, nonconforming signs may be repainted or repaired provided such repainted or repaired sign does not exceed the dimensions of the existing sign. When the cost of repair or restoration of any nonconforming sign shall exceed 50% of its current replacement value, said nonconforming sign shall be replaced with a conforming sign.

(iv) Permit requirements. All signs in excess of six square feet in area and all signs regardless of size located other than on the lot to which they apply shall require the issuance of a zoning permit before erection, replacement, or repair. All signs shall comply with all of the regulations contained herein, irrespective of whether a permit is required.

(v) Measurement of area. A sign shall be measured at the outer edges of the sign structure. In the case of a wall sign not mounted on a single sign structure, or a sign of irregular shape, the areas of the smallest regular geometric figure encompassing all component parts of the sign shall be the area of the sign. In computing the area of a double-face sign, only one side shall be considered provided both faces are identical. If they are not identical, the larger side shall be used.

(vi) Illumination. Signs that are indicated as illuminated in this chapter may be internally or externally illuminated in accordance with the following:

[1] Signs indicated as nonilluminated shall not be illuminated but may be constructed of reflective materials.

[2] Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons, searchlights or strobe lighting shall not be permitted.

[3] No illuminated sign shall be closer to a lot line in a residential district or to the boundary of said district than 25 feet.

[4] Externally illuminated signs shall have either luminaires mounted at the top of the sign and aimed downward, or luminaires located on the ground and screened from view. The luminaires shall be designed, fitted and aimed to shield the lamp and its reflective surfaces from direct off-site view and to place the light output onto and not beyond the sign.

(vii) Interferences with traffic and safety. No sign shall be erected, placed or maintained upon any public right-of-way and no sign shall be erected, placed, or maintained so that it impedes, interferes with, or distracts from the operation of any traffic control light or sign, official traffic directional sign, or other traffic safety or control device, or general traffic safety.

[1] No sign illuminated in the colors red, amber, or green that match or closely match those of official traffic signals shall be located within a radius of 200 feet of any official traffic sign signal or similar safety device. No illuminated sign of the colors red, amber, or green that match or closely match those of official traffic signals shall be placed in such a position that it would provide a background into which the traffic signal might blend, thereby interfering with vehicular vision of the signal.

[2] No sign shall be located so as to obscure a motorist's view of roadway, intersections, railway crossings, traffic signals, stop sign, or other warning devices as viewed from a distance of 500 feet while traveling along established thoroughfares.

[3] No sign shall be located so as to limit a pedestrian's view of vehicular traffic to less than 500 feet while standing inside the curb line at an intersection or other established cross point.

[4] No sign shall be located within 100 feet of the right-of-way line of a limited access highway such as the Pennsylvania Turnpike, Route 22, 1-78, and portions of Route 309 except as follows:

[a] A sign not exceeding four square feet in area pertaining to the sale or lease of the property and set back at least 25 feet and placed so as not to obstruct a driver's view of official signs.

[b] An on-premises unilluminated sign attached to the main wall of a building at a height not less than 10 feet nor more than 20 feet above the ground. Said sign shall not exceed 30 inches in height or bear an advertisement other than the name of the person, firm or corporation operating the place of business, or owning the property and a description of the general character of the business conducted on the premises.

(viii) General sign regulations. The following requirements apply to all signs:

[1] No sign with visible moving or movable parts or flashing, animated or intermittent illumination shall be permitted in a residential or commercial districts nor within 500 feet of the boundary of residential or commercial districts. The top of said signs shall not be more than 25 feet above ground level nor shall any part of said signs be closer to the right-of-way line of a street than 25 feet. Changeable copy signs, whether such copy is changed manually or electronically, shall not be considered to have movable parts and are therefore not subject to this regulation. This section shall not apply to tri-vision billboard signs, which display three different messages separately at set intervals. Tri-vision signs shall be considered a change of copy only and not prohibited as a sign containing visible moving or moveable parts.

[2] The use of pennants, flags, streamers, balloons, windmills or other moving devices, searchlights or banners is prohibited, other than for a period of seven days from the date of opening of a new establishment. However, the restriction against the use of flags, streamers, balloons and banners shall not apply to signs erected pursuant to § 350-48(s)(10)(E)(xv)[5] or § 350-41(c), required by state or federal regulations, or flags erected on flagpoles in accordance with § 350-48(s)(10)(E)(ii)[5].

[3] No sign other than those permitted in § 350-48(s)(10)(E)(ix) and 350-48(s)(10)(E)(xiii) shall be erected or maintained except signs which expressly and directly pertain to the business or activity conducted on the same premises upon which the sign is located. Except for signs advertising the sale or lease of the property, upon termination or abandonment of any building or land use, all signs pertaining to that use shall be removed.

[4] No sign shall be mounted, erected or maintained on a tree or other natural vegetation or utility pole.

[5] No sign of any kind shall be mounted, erected or maintained directly on an historic resource except as permitted by § 350-48(h)(3)(E)(v) and the terms of the preservation easement.

[6] No sign shall be mounted or located in such a manner as to block or restrict the operation of any door or to block or restrict the movement into or out of any exit or entrance of a building or driveway.

[7] All signs except temporary signs of four square feet or less shall be constructed of durable material. All signs shall be kept in good condition and repair. All dilapidated and deteriorated signs shall be repaired or removed at the owner's expense, within 30 days after notice from the Zoning Officer. Otherwise, the sign will be subject to removal by the Township and the owner billed for the costs thereof.

[8] No sign shall exceed a height (measured from the ground to the top of the sign structure) equal to the height permitted for the building to which it is accessory. In the event the building exceeds the height limit prescribed by the schedule by variance, the height limit of the schedule shall govern the height of the sign.

[9] No sign of any kind, or portion thereof, including personal expression signs, shall be placed within or extend across the traveled or cartway portion of any street except upon prior approval by the Board of Commissioners.

[10] No sign shall project more than six inches above the primary roofline nor more than 12 inches out from the wall to which it is attached. Signs not exceeding two square feet in area may be placed perpendicular to a building face if attached to and below a canopy projection from said building.

[11] No sign shall be located within 10 feet of any property or right-of-way line except:

[a] One sign displaying the name and/or address of the occupant of a dwelling provided the area of said sign shall not exceed one square foot;

[b] Signs displaying the title of a minor residential development, provided said sign meets the conditions of § 350-48(s)(10)(E)(ix); and

[c] Personal expression signs.

[12] On lots abutting on more than one public street, any combination of signs permitted may be erected on each side of the building or in the yard area abutting each public street.

[13] Electronic graphic display signs are prohibited in all zoning districts except as specifically permitted in this chapter.

(ix) On-premises signs permitted. The following signs are allowed without a permit, unless noted, in all districts which expressly and directly pertain to the business, activity, sale or lease conducted on or for the premises upon which the sign is located:

[1] Sign displaying the name and address of the occupant of a dwelling is permitted, provided that the area of any such sign shall not exceed two square feet and not more than one such sign shall be erected for each dwelling.

[2] One sign advertising the sale or rental of real property is permitted provided that the area of any such a sign shall not exceed four square feet for an individual dwelling unit or lot, exceed 16 square feet for a nonresidential lot of 10 acres or less, nor 32 square feet for a nonresidential lot greater than 10 acres in size. Such signs shall be removed within seven days after final settlement or renting of said property. One temporary attached sign advertising the sale or rental of office or retail property is permitted, provided the area of such sign shall not exceed 100 square feet. Such sign may be displayed for the duration of the initial leasing of all buildings on the property. The issuance of initial certificates of occupancy for all rental units shall terminate the initial leasing period. In no event, however, shall the temporary sign be displayed for a period in excess of 18 months.

[3] One temporary contractor's, developer's, architect's, or builder's sign is permitted provided that the area of any such sign shall not exceed 12 square feet. Such sign shall be removed within seven days after completion of the work or 18 months after erection of the signs, whichever shall occur first.

[4] Trespassing signs, signs indicating the private nature of a road, driveway, or premises, signs controlling fishing or hunting on the premises provided that the area of any such sign shall not exceed four square feet.

[5] Temporary signs announcing an event of a civic, philanthropic, educational, or religious organization or a drive or campaign other than signs in conjunction with a political election. Such signs shall not exceed 12 square feet in area and shall be removed within seven days after completion of the campaign, drive, or event.

[6] Any sign that is embedded or set into a building or which is so constructed as to become a part of such building provided that such sign bears only such information as the following: the name of the owner of the building, the name of the building, the date of the erection of the building, and the nature of the business conducted therein. Said sign shall not exceed 10% of the building face of which it is a part or 300 square feet in area, whichever is smaller.

[7] Any tablet constructed entirely of stone, metal or other incombustible material that is built into or firmly attached to the wall of a building providing that such tablet contains only such information as is mentioned in Subsection (s)(10)(E)(ix)[6] immediately above or reading matter commemorating a person or an event. Said sign shall not exceed 20 square feet in area.

[8] A permanent title sign, not to exceed an area of 100 square feet, not to exceed a height of 10 feet and not to impart more than the title of a major residential subdivision containing more than five lots, shall be permitted.

[a] No more than two permanent title signs may be constructed at each intersection of an arterial or collector street. Permanent title signs shall not be permitted at intersections that do not contain an arterial or collector street.

[b] Permanent title signs shall not be located within the clear-sight triangle of the intersection.

[c] Permanent title signs shall be owned and maintained by the homeowners' association of the associated development, or if there is no homeowners' association, owned and maintained by the owner of the property upon which the permanent title sign is located, subject to deed restrictions governing ownership and maintenance, to be approved by the Township, on the property upon which the permanent title sign is located.

[d] A permanent title sign may be located on a separate lot or on the same lot as a dwelling unit as an accessory use to the dwelling unit.

[e] Permanent title signs shall observe a minimum five-foot setback from the ultimate right-of-way of any public street.

[9] With respect to assisted living residences, one identifying sign, not to exceed 50 square feet, is permitted.

[10] Signs which do not individually exceed four square feet in area and bear only the property owner's noncommercial personal expression or belief.

(x) Additional on-premises signs for establishments separated by setbacks. In addition to the signs permitted in § 350-48(s)(10)(E)(ix), signs that expressly and directly pertain to the business or activity conducted on the same premises shall be permitted in commercial or industrial districts for those businesses whose building(s) or activities are separated from those of surrounding businesses by the setbacks prescribed in § 350-24(c) in accordance with the following subsections. This section shall not apply to businesses providing commercial recreation or amusements except as provided in § 350-48(a)(7).

[1] Illuminated or nonilluminated signs are permitted that are attached and parallel with or painted on the face of building, the aggregate area of which shall not exceed 10% of the building face to which they are attached or painted. The aggregate area of said signs shall be further limited to 300 square feet in commercial districts and 500 square feet in industrial districts plus one illuminated or nonilluminated freestanding sign provided the area of said sign shall not exceed 100 square feet.

[2] In place of the signs permitted in § 350-48(s)(10)(E)(x), two illuminated or nonilluminated freestanding signs may be substituted provided the aggregate area of the signs shall not exceed 150 square feet and the area of either sign shall not exceed 100 feet.

[3] One freestanding on-premises sign permitted in either Subsection (s)(10)(E)(x)[1] or [2] above may be an electronic graphic display sign provided that the following restrictions are met:

[a] Electronic graphic display signs are not permitted in any residentially zoned district, the Neighborhood Commercial (NC), or Office Commercial (OC) Zoning Districts.

[b] No more than 33% of the sign shall be comprised of electronic graphic display area.

[c] At least one minute shall elapse between static images.

[d] Maximum transition time between successive static images shall be one second and dissolving or fading of static images shall not be permitted.

[e] In the event of a malfunction, a default mechanism shall freeze the image in one position.

[f] Automatic dimming and brightness.

[i] Electronic graphic display signs shall be equipped and operated with automatic dimming technology which automatically dims the luminance during ambient low-light and nighttime (dusk to dawn) conditions to 150 nits or less during the period 30 minutes after sunset to 30 minutes before sunrise and limits the luminance during daylight conditions to 5,000 nits provided that the luminance at no time exceeds 0.3 foot candle of light above the normal ambient light levels.

[ii] A certification from the sign manufacturer verifying that the electronic graphic display sign is equipped with automatic dimming technology in accordance with this subsection shall be submitted with the sign permit application.

[iii] The illumination level shall not exceed 0.5 foot candle on any adjoining property that is residentially zoned or contains a residential use.

[iv] An operation test report shall be submitted as part of the final inspection certified by an electrical or professional engineer that the electronic graphic display sign complies with the luminance requirements of this subsection.

[g] No sign shall be located within a two-hundred-fifty-foot radius of intersecting public street centerlines of an intersection controlled by a traffic signal or similar safety device. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.

[h] No sign shall be located within a one-hundred-foot radius from the intersection of centerlines of an intersection involving a public street and nonresidential driveways controlled by a traffic signal or similar safety device. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.

[i] No sign shall be located within a one-hundred-foot radius of the intersecting street centerlines of a nonsignalized intersection involving public streets.

[j] No sign shall be located within a one-hundred-foot radius of the intersecting centerlines of a nonsignalized four-way intersection involving a public street and nonresidential driveways.

[k] No sign shall be located within a one-hundred-foot radius from the end of an exit ramp and the separation shall be measured from the point where the ramp taper terminates along the priority road. Also, no sign shall be located within a one-hundred-foot radius from the beginning of an entrance ramp and the separation shall be measured from the point where the ramp taper begins along the priority road.

[l] No electronic graphic display sign shall be located within 150 feet of another electronic graphic display sign along the same side of a street.

(xi) Additional on-premises signs for coordinated developments that are shopping centers. In addition to the signs permitted in § 350-48(s)(10)(E)(ix), signs that expressly and directly pertain to the businesses or activities conducted within the same coordinated development shall be permitted in accordance with the following subsections. This section shall not apply to businesses providing commercial recreation or amusements except as provided in § 350-48(a)(7).

[1] Coordinated development pylon signs. Coordinated developments shall be permitted one pylon sign provided the following restrictions are met:

[a] Sign area. The pylon sign shall not exceed 200 square feet.

[b] Height and setbacks. The pylon sign shall adhere to the provisions of § 350-24(c) with regard to setbacks and height of sign. However, additional height may be permitted at a rate of one additional foot of height for each additional 10 feet of setback beyond the required setback, to a maximum of 50 feet in height. If the pylon sign exceeds the height specified by § 350-24(c), the pylon sign shall be set back from a residential zoning district a minimum of 10 feet for every one foot of height.

[2] Ground entrance identification signs. Coordinated developments shall be permitted one ground entrance identification sign per driveway entrance from a public street, provided the following restrictions are met:

[a] Sign area. The ground entrance identification sign shall not exceed 72 square feet.

[b] Height. Ground entrance identification sign shall not exceed six feet in height.

[c] Setbacks. Ground entrance identification sign shall comply with sign setback provisions set forth in the zoning district schedule that is applicable to the tract of land.

[d] Separation distance. Ground entrance identification signs shall maintain a separation distance of at least two 250 feet from other ground entrance identification signs.

[3] Building face signs. Signs are permitted that are attached and parallel with or painted on the face of a building, the aggregate area of which shall not exceed 10% of the building face of the tenant space to which they are attached or painted. The aggregate area of signs on each building face of the tenant space shall be further limited to 300 square feet in commercial districts and 500 square feet in industrial districts.

[4] Canopy identification signs mounted entirely under a canopy or the roof of a covered walkway shall not project:

[a] More than 12 inches vertically from the underside of the canopy or roof of a covered walkway.

[b] Horizontally from the underside of the canopy or roof of a covered walkway.

[5] Illuminated signs. An illuminated sign shall not be closer:

[a] Than 25 feet to a front lot line.

[b] Than 50 feet to any side or rear coordinated development tract line.

[c] To the property line of a residential zoning district than a distance calculated by multiplying the height of the illuminated sign by 15, minimum 250 feet, unless the residential zoning district is separated from the coordinated development by an arterial or collector road.

[6] Electronic graphic display. A sign may include electronic graphic display provided the following restrictions are met:

[a] The coordinated development tract of land is at least 10 acres and is not located in a residential zoning district, the Neighborhood Commercial (NC), or Office Commercial (OC) Zoning Districts.

[b] The coordinated development tract of land is permitted a maximum of one electronic graphic display sign on each public street fronting the tract, to be incorporated within a coordinated development pylon sign or a ground entrance identification sign. The EGD portion shall not display fuel pricing for a motor vehicle service facility. The use of EGD signage for the display of fuel pricing for motor vehicle service facilities is regulated under § 350-48(m)(9).

[c] No more than 33% of the sign shall be comprised of electronic graphic display area.

[d] At least one minute shall elapse between static images.

[e] Maximum transition time between successive static images shall be one second and dissolving or fading of static images shall not be permitted.

[f] In the event of a malfunction, a default mechanism shall freeze the image in one position.

[g] Automatic dimming and brightness. The sign shall be equipped and operated with automatic dimming technology which automatically dims the luminance during ambient low-light and nighttime (dusk to dawn) conditions to 150 nits or less during the period 30 minutes after sunset to 30 minutes before sunrise and limits the luminance during daylight conditions to 5,000 nits provided that the luminance at no time exceeds 0.3 foot candle of light above the normal ambient light levels. A certification from the sign manufacturer verifying that the sign is equipped with automatic dimming technology in accordance with this subsection shall be submitted with the sign permit application. An operation test report shall be submitted as part of the final inspection certified by an electrical or professional engineer that the sign complies with the luminance requirements of this subsection.

[h] No sign shall be located within a two-hundred-fifty-foot radius of intersecting centerlines of public streets at an intersection controlled by a traffic signal or similar safety device. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.

[i] No sign shall be located within a one-hundred-foot radius from the intersecting centerlines of a public street and a nonresidential driveway. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.

[j] No sign shall be located within a one-hundred-foot radius from the end of an exit ramp and the separation shall be measured from the point where the ramp taper terminates along the priority road. Also, no sign shall be located within a one-hundred-foot radius from the beginning of an entrance ramp and the separation shall be measured from the point where the ramp taper begins along the priority road.

[k] No sign shall be located within a one-hundred-foot radius from the end of an exit ramp or beginning of an entrance ramp at an interchange.

[l] No sign shall be located within 150 feet of an electronic graphic display sign along the same side of a street.

(xii) Additional on-premises signs for coordinated developments other than shopping centers. In addition to the signs permitted in § 350-48(s)(10)(E)(ix), signs that expressly and directly pertain to the businesses or activities conducted within the same coordinated development shall be permitted in accordance with the following subsections. This section shall not apply to businesses providing commercial recreation or amusements except as provided in § 350-48(a)(7).

[1] Coordinated development pylon signs. Coordinated developments shall be permitted one pylon sign provided the following restrictions are met:

[a] Sign area. The pylon sign shall not exceed 200 square feet.

[b] Height and setbacks. The pylon sign shall adhere to the provisions of § 350-24(c) with regard to setbacks and height of sign. However, additional height may be permitted at a rate of one additional foot of height for each additional 10 feet of setback beyond the required setback, to a maximum of 50 feet in height. If the pylon sign exceeds the height specified by § 350-24(c), the pylon sign shall be set back from a residential zoning district a minimum of 10 feet for every one foot of height.

[2] Ground entrance identification signs. Coordinated developments shall be permitted one ground entrance identification sign per driveway entrance from a public street, provided the following restrictions are met:

[a] Sign area. The ground entrance identification sign shall not exceed 150 square feet.

[b] Height. Ground entrance identification sign shall not exceed 10 feet in height.

[c] Setbacks. Ground entrance identification sign shall comply with sign setback provisions set forth in the zoning district schedule that is applicable to the tract of land.

[d] Separation distance. Ground entrance identification signs shall maintain a separation distance of at least 250 feet from other ground entrance identification signs.

[e] Sign content. At least 25% of the sign face shall reference the name of the coordinated development.

[3] Building face signs. Signs are permitted that are attached and parallel with or painted on the face of a building, the aggregate area of which shall not exceed 10% of the building face of the tenant space to which they are attached or painted. The aggregate area of signs on each building face of the tenant space shall be further limited to 300 square feet in commercial districts and 500 square feet in industrial districts.

[4] Directory signs. Signs relating the name and/or address of the building and/or the tenants and/or activities performed within said building are permitted at each public entrance of said building.

[a] The directory sign shall not exceed 24 square feet in face area.

[b] The directory sign shall not exceed more than six feet in height.

[c] The directory sign shall not be located:

[i] More than 50 feet from the public entrance it serves.

[ii] Less than 25 feet from a coordinated development tract line.

[5] Canopy identification signs mounted entirely under a canopy or the roof of a covered walkway shall not project:

[a] More than 12 inches vertically from the underside of the canopy or roof of a covered walkway.

[b] Horizontally from the underside of the canopy or roof of a covered walkway.

[6] Wayfinding signs. The provisions of § 350-48(s)(10)(E)(ii) shall apply, except that each sign shall not exceed 12 square feet in area.

[7] Decorative signs. Signs that are not otherwise regulated under § 350-48(s)(10)(E)(xi) and (xii) shall adhere to the following:

[a] The provisions of § 350-48(s)(10)(E)(viii)[2] shall not apply to pennants, flags, and banners.

[b] Each sign shall not exceed 12 square feet in area.

[c] The maximum height of each sign shall not exceed 25 feet.

[d] Each sign shall not be closer than:

[i] One hundred feet to a front coordinated development tract line.

[ii] Fifty feet to any side or rear coordinated development tract line.

[iii] One hundred feet to a residential zoning district.

[8] Illuminated signs.

[a] An illuminated sign shall not be closer:

[i] Than 25 feet to a front lot line.

[ii] Than 50 feet to any side or rear coordinated development tract line.

[iii] To an abutting residential zoning district than a distance calculated by multiplying the height of the illuminated sign by 15, minimum 250 feet, unless the residential zoning district is separated from the coordinated development by an arterial or collector road.

[9] Electronic graphic display. A sign may include electronic graphic display provided the following restrictions are met:

[a] The coordinated development tract of land is at least 10 acres and is not located in a residential zoning district, the Neighborhood Commercial (NC), or Office Commercial (OC) zoning districts.

[b] The coordinated development tract of land is permitted a maximum of one electronic graphic display sign on each public street fronting the tract, to be incorporated within a ground entrance identification sign.

[c] No more than 33% of the sign shall be comprised of electronic graphic display area.

[d] At least one minute shall elapse between static images.

[e] Maximum transition time between successive static images shall be one second and dissolving or fading of static images shall not be permitted.

[f] In the event of a malfunction, a default mechanism shall freeze the image in one position.

[g] Automatic dimming and brightness. The sign shall be equipped and operated with automatic dimming technology which automatically dims the luminance during ambient low-light and nighttime (dusk to dawn) conditions to 150 nits or less during the period 30 minutes after sunset to 30 minutes before sunrise and limits the luminance during daylight conditions to 5,000 nits provided that the luminance at no time exceeds 0.3 foot candle of light above the normal ambient light levels. A certification from the sign manufacturer verifying that the sign is equipped with automatic dimming technology in accordance with this subsection shall be submitted with the sign permit application. An operation test report shall be submitted as part of the final inspection certified by an electrical or professional engineer that the sign complies with the luminance requirements of this subsection.

[h] No sign shall be located within a two-hundred-fifty-foot radius of intersecting centerlines of public streets at an intersection controlled by a traffic signal or similar safety device. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.

[i] No sign shall be located within a one-hundred-foot radius from the intersecting centerlines of a public street and a nonresidential driveway. No sign shall be placed in such a position that it would provide a background into which the traffic signal or similar safety device might blend, thereby interfering with vehicular vision of the traffic signal or similar safety device.

[j] No sign shall be located within a one-hundred-foot radius from the end of an exit ramp and the separation shall be measured from the point where the ramp taper terminates along the priority road. Also, no sign shall be located within a one-hundred-foot radius from the beginning of an entrance ramp and the separation shall be measured from the point where the ramp taper begins along the priority road.

[k] No sign shall be located within a one-hundred-foot radius from the end of an exit ramp or beginning of an entrance ramp at an interchange.

[l] No sign shall be located within 150 feet of an electronic graphic display sign along the same side of a street.

(xiii) Additional on-premises signs for nonresidential uses in residential districts. The Zoning Hearing Board may permit as a special exception the signs permitted for commercial district in § 350-48(s)(10)(E)(x) for nonresidential uses in residential districts subject to the following conditions:

[1] The Zoning Hearing Board may further limit and/or add to the conditions of § 350-48(s)(10)(E)(x) as it applies hereto as to size, height, number and location of said signs.

[2] The signs shall expressly and directly apply to the business or activity conducted on the premises.

[3] The signs shall be in keeping in nature, size and location of said business or activity.

[4] The signs shall not interfere with the use of enjoyment of the surrounding residential properties.

[5] Apartments and mobile home parks shall be considered to be nonresidential for purposes of this section.

(xiv) Additional on-premises signs attached to nonconforming buildings: Signs permitted under § 350-48(s)(10)(E)(x)[1], § 350-48(s)(10)(E)(xi)[3], and § 350-48(s)(10)(E)(xii)[3], which are proposed to be attached to, embedded in, or otherwise set into a lawfully nonconforming front or side wall of a principal building shall be permitted.

(xv) Off-premises signs permitted. The following signs which do not pertain to the business or activity conducted on the premises upon which the sign is located are permitted in all districts with the express permission of the property owner.

[1] Signs which are used for directing patrons, members, or audiences to service clubs, churches or other nonprofit organizations may be erected subject to the following requirements:

[a] A sign shall indicate only the name of the organization and the direction to the facility.

[b] Only one such sign shall be erected prior to each intersection turning movement necessary to reach such facility.

[c] Signs shall not exceed two square feet in area.

[d] Signs shall not be located within a street right-of-way.

[2] Temporary signs which are used for directing patrons, members, or audience to new or relocated commercial or industrial organizations or facilities may be erected upon the approval of the Zoning Hearing Board and subject to the same requirements as for signs in Subsection (s)(10)(E)(xv)[1] immediately above.

[3] Temporary signs directing patrons, members or audience to temporary exhibits, shows or events subject to the following requirements:

[a] No sign shall exceed four square feet in area.

[b] Signs shall be removed within seven days after the date of the exhibit, show, or event.

[c] No permit shall be issued for the erection of such signs until a deposit shall be made with the Zoning Officer in accordance with a fee schedule adopted by the Commissioners to guarantee removal within the time prescribed. Failure to remove such signs within the prescribed time shall result in forfeiture of the deposit.

[d] No such sign shall be posted earlier than 30 days before the occurrence of the event to which it relates.

[e] No sign, other than directional signs, identification signs, and other signs of a public or quasipublic nature which are expressly authorized by the Board of Commissioners, may be erected or maintained in or on any real estate, building or structure owned in fee or leased by South Whitehall Township or South Whitehall Township Authority. Nothing contained in this Subsection (s)(10)(E) shall be construed to prevent the posting of any official notice, sign, poster or chart required to be posted by any court, or by any law, statute, regulation or ordinance.

[4] Nationally recognized service clubs are permitted to erect signs within the rights-of-way of roads under jurisdiction of the Township subject to the following:

[a] A specific written approval shall be received from the Township Board of Commissioners.

[b] No sign shall exceed 10 square feet.

[c] Signs shall be single faced.

[d] Signs shall not be located in or within the cartway of any street.

[e] No sign shall be located within two feet from a curb line or five feet from the edge of pavement if no curbing exists.

[f] All signs located within a street right-of-way shall be placed on a breakaway post.

[5] For the exclusive purpose of their own fundraising, nonprofit youth organizations may arrange for the temporary establishment of signs on the properties of government-owned parks (including school district properties) which have corresponding athletic fields upon which they play; provided the following criteria is met:

[a] The property owner agrees to the erection of the signs; and

[b] The property owner expressly agrees to ensure the signs will comply with the limiting criteria set forth in this Subsection (s)(10)(E)(xv)[5] as well as any other applicable codes; and

[c] No other entity shall receive any compensation for the rental of advertising space, other than the nonprofit youth organization that arranged for the sign; and

[d] The display of said signs shall not occur sooner than seven days prior to the beginning of the season for organized play or scheduled official playoff, and shall be discontinued within seven days after the end of the season; and

[e] No sign erected under this section shall be illuminated; and

[f] No sign erected under this section shall be greater in size than 32 square feet; and

[g] Only signs attached to athletic field fencing are permitted. Any sign attached to field fencing shall have its message displayed only on one face of the sign and that sign face shall be directed toward the athletic field. These signs may not be:

[i] Within 20 feet of a public street cartway.

[ii] Within 100 feet of home plate.

(xvi) Nuisance signs prohibited. In addition to the signs prohibited under § 350-48(s)(10), Signs, that are determined to be a nuisance, based on any one or more of the following, are prohibited:

[Amended 3-20-2019 by Ord. No. 1044]

[1] Creates safety or traffic hazards to motorists, pedestrians, or children by distracting people or obstructing someone's view or movement;

[2] Impairs the value of the surrounding properties;

[3] Disrepair that endangers the public;

[4] Signs displayed in a residential area for a fee or any commercial advertisements on residential property not otherwise permitted under this section;

[5] All signs determined to be a nuisance shall be removed at the owner's expense, within 10 days after written notice from the Zoning Officer. Otherwise, the sign will be subject to removal by the Township and the owner billed for the costs thereof.

(11) 350-48(s)(11) Solar energy facility.

(A) Definition: An electric generation facility whose main purpose is to supply electricity, consisting of one or more solar energy systems and other ancillary structures and buildings, with the primary intention of the production of electricity for its transmission off-site. The term does not include solar energy systems constructed primarily for use on site as an accessory use.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use																	X

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 2.0 spaces, whichever is greater, plus 1.0 oversized space.

(E) Additional regulations: Where so noted in Subsection (s)(11)(C) above, a solar energy facility shall be permitted by conditional use review and approval subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(e):

(i) Tract eligibility requirements.

[1] The tract shall be at least 20 acres in size.

[2] The tract shall have a minimum of 400 feet in road frontage.

(ii) Minimum setback requirements. All structures shall be set back at least 150 feet from all property lines. Setbacks may be reduced as much as 50% if the applicant demonstrates the glare impacts are mitigated.

(iii) Maximum percent lot coverage. A solar energy facility shall be limited to 75% lot coverage.

(iv) Maximum height. No structure or building in a solar energy facility shall exceed 20 feet in height.

(v) A solar energy facility shall be enclosed by perimeter fencing to restrict unauthorized access at a minimum height of eight feet and not to exceed 10 feet. Such fencing shall be in accordance with § 350-42(e).

(vi) The manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner.

(vii) Utility notification. No solar energy facility shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(viii) Glare control. As part of the conditional use application, the applicant shall include an analysis of glare impact from the solar energy facility on adjacent neighboring properties. Included in the analysis shall be recommendations to mitigate and control glare.

(ix) A decommissioning agreement plan shall be required at the discretion of the South Whitehall Township Board of Commissioners and shall address the following:

[1] The facility owner and operator shall, at its expense, complete decommissioning of the solar energy facility within 12 months after the end of the useful life of the facility. The solar energy facility will presume to be at the end of its or their useful life if no electricity is generated for a continuous period of 12 months.

[2] Disturbed earth shall be graded, reseeded and/or reforested to reclaim the site back to its predevelopment condition, unless the landowner requests in writing and approval granted by the Board of Commissioners that the access roads or other land surface areas not be restored.

[3] An independent and certified professional engineer shall be retained by South Whitehall Township at the cost of the property owner or operator to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.

[4] The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

[5] Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

[6] If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection (s)(11)(E)(ix)[1] above, then the landowner shall have six months to complete decommissioning.

[7] If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed by Subsection (s)(11)(E)(ix)[1] above and Subsection (s)(11)(E)(ix)[6] immediately above, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan at owner, operator and/or landowner's expense.

[8] The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed or upon written request of the municipality in order to implement the decommissioning plan.

(12) 350-48(s)(12) Solar energy systems, nonresidential.

(A) Definition: A solar energy system which is an accessory use to a lawful nonresidential use in any zoning district, a system and all associated equipment which converts solar energy into a useable electrical energy, heats water or produces hot air or other similar function through the use of solar panels mounted on a roof, ground rack, or pole, with the primary intention of reducing on-site consumption of utility-supplied electricity.

(B) Use classification: Commercial, industrial, institutional.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

[Amended 9-20-2017 by Ord. No. 1024]

(i) Regulations pertaining to all nonresidential solar energy systems.

[1] A property on which a nonresidential use solar energy system is proposed to be located must have a permitted principal use which would be drawing electricity from said solar energy system.

[2] A nonresidential use solar energy system is allowed as an accessory use for any lawful nonresidential use in any zoning district in the Township.

[3] Nonfunctioning solar energy systems shall be repaired, replaced or removed within three months of becoming nonfunctional.

[4] The manufacturers' or installers' identification and appropriate warning signage shall be posted on or near the panels in a clearly visible manner.

[5] The design of solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.

[6] Solar energy systems shall not block any required travel ways, parking areas, and sidewalks.

(ii) Additional regulations pertaining to roof-mounted solar panels.

[1] Solar panels shall not exceed the height of the roof line on a pitched roof by more than three feet. On a flat roof, the solar panels shall be angled such that they are not more than six feet above the roofline.

(iii) Additional regulations pertaining to ground-mounted solar panels.

[1] The ground-mounted energy system shall be set back from all lot lines at least the minimum distance equal to setbacks prescribed for the principal use.

[2] Ground-mounted energy systems shall only be permitted in the rear and side yards.

[3] The area occupied by a ground-mounted solar energy system shall be included in the overall site coverage calculation.

[4] The area occupied by a ground-mounted solar energy system shall not exceed 50% of the building footprint area of the principal use.

[5] Ground-mounted solar energy systems shall not exceed a height of 10 feet above the ground.

(iv) Additional regulations pertaining to parking canopy-mounted solar panels.

[1] Parking canopies shall conform to the appropriate parking setbacks.

[2] Parking canopies (including solar panels and all other attachments) shall be no taller than 25 feet above the parking surface and shall not exceed the maximum height of building structure requirements for the applicable zoning district.

[3] No signs shall be permitted on parking canopies except those noted in § 350-48(s)(10)(E)(ii), Exempt signs.

(13) 350-48(s)(13) Solar energy systems, residential.

(A) Definition: A system and all associated equipment which converts solar energy into a useable electrical energy, heats water or produces hot air or other similar function through the use of solar panels mounted on a roof, ground rack, or pole, with the primary intention of reducing on-site consumption of utility-supplied electricity.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) A residential solar energy system is allowed as an accessory use to any lawful residential use in any zoning district in the Township.

(ii) Setback and lot coverage requirements for residential solar energy systems that are ground-mounted.

[1] The minimum front yard setback shall be equal to the prescribed setback for the principal use. All other setbacks shall be at least 10 feet.

[2] Yard area devoted to ground mounted systems shall not exceed the lesser of 500 square feet or 10 square feet per every 1,000 square feet of lot area.

(iii) Height shall be limited as follows:

[1] Freestanding solar panels and ground arrays shall not exceed a height of eight feet above the ground unless the lot area exceeds one acre, in which the height limit shall not exceed 11 feet.

[2] Solar panels as a roof-top installation. The solar panels shall not exceed the height of the roof line on a pitched roof by more than three feet. On a flat roof, the solar panels shall be angled such that they are not more than six feet above the roof line.

(iv) A residential solar energy system shall be designed and installed as follows:

[1] Residential solar energy systems shall not block any required travel ways, parking areas, and sidewalks.

[2] Glare control. For solar energy systems proposing more than 15 square feet of solar panel area, the applicant shall provide sufficient documentation certifying that glare control measures are incorporated into the residential solar energy system to mitigate glare impact on adjacent property.

(v) A nonfunctioning residential solar energy system shall be repaired or replaced within three months of becoming nonfunctional.

(14) 350-48(s)(14) Special event venue.

(A) Definition: A primary or accessory use, the primary function of which is the hosting of gatherings, weddings, parties, galas and other similar events where large groups of people are gathered, generally involving food, drink and music, and generally having convenient access to outdoor areas. A special event venue may be an accessory use to a single detached dwelling, an agriculture, horticulture, nursery use (including or excluding the raising and keeping of farm animals), or to a stable, with or without riding trails use.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use	X	X	X								X	X	X	X		X	X

(D) Minimum off-street parking calculations: 1.0 space per 100 square feet of total floor area, both interior and exterior, of the gathering area to be utilized by staff and guests, plus one oversized off-street loading zone. In the event that there are insufficient parking spaces on site to accommodate an event at a special event venue, the required parking may be provided off-site provided that proof (in the form of a license or lease agreement executed by the owner of such other property) is provided to the Zoning Officer no less than 30 days prior to such event that sufficient parking is available.

(E) Additional regulations: Where so noted in Subsection (s)(14)(C) above, the special event venue shall be permitted by conditional use approval subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(e):

(i) The applicant shall submit evidence of the size, type and frequency of events to be held at the venue. Approval of the conditional use may be conditioned upon adherence to the information submitted.

(ii) The owner or operator of a seasonal event venue shall not permit any preparation of food or drinking in the parking areas.

(iii) To accommodate temporary parking needs for special event venues, temporary seasonal off-street parking areas may be established. The minimum standards of a temporary seasonal off-street parking area shall apply, unless higher standards are imposed as part of the conditional use approval.

(15) 350-48(s)(15) Sport court.

(A) Definition: A hardscaped area marked with lines upon which tennis squash, basketball or similar recreational activities are played.

(B) Use classification: Residential, commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Sport courts shall have a permanent open mesh fence 10 feet in height enclosing the entire play area. Such fence shall comply with § 350-42(e).

(ii) No artificial illumination specifically installed to illuminate a private sport court shall be permitted.

(16) 350-48(s)(16) Stables, with or without riding trails.

(A) Definition: A use, the primary function of which is the sheltering and feeding of horses or similar riding animals. The use may include the training of riding animals, the instruction of the care and maintenance of riding animals, the instruction of riding said animals, and/or facilities and trails for the exercising and/or riding of said animals, and/or the commercial boarding of riding animals.

(B) Use classification: Nonresidential or residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary															X
Accessory	X	X	X												X
Special exception	X	X	X
Conditional use

(D) Minimum off-street parking calculations: For commercial use: 1.0 oversized space for every four stalls, 1.0 space per employee on the largest shift, and 1.0 space for every 200 square feet of total floor area of retail and/or administrative space, if applicable. For residential use: not applicable.

(E) Additional regulations:

(i) No part of any structure housing or intended to house more than two horses may be located within 100 feet of a lot line or 200 feet of a dwelling on an adjoining lot.

(ii) Where so noted in Subsection (s)(16)(C) above, the commercial use of a stable shall be permitted by special exception subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(d).

[1] In residential zoning districts, hours of operation shall be restricted to between 8:00 a.m. and 8:00 p.m.

[2] In residential zoning districts, signage shall be subject to § 350-48(s)(10)(E)(xiii).

(17) 350-48(s)(17) Storage building (shed).

(A) Definition: An accessory building, not otherwise defined by this chapter, subordinate to and detached from the primary building on the same lot and used for the storage of items customarily incidental to the use of property.

(B) Use classification: Nonresidential, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) For nonresidential accessory storage buildings, the area of any storage building shall not exceed 300 square feet in gross area or exceed 15% of the area of the building footprint of the associated principal building on the same lot, whichever is smaller.

(ii) For residential accessory storage buildings, the total gross floor area of residential accessory buildings shall not exceed the gross square footage of the principal use. The footprint of any one accessory building shall be smaller than the building footprint of the principal dwelling unit.

(18) 350-48(s)(18) Stormwater management facilities.

(A) Definition: None.

(B) Use classification: Nonresidential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(19) 350-48(s)(19) Swimming pool, portable.

(A) Definition: Any swimming pool having no rigid support structures and capable of being no more than 42 inches in height above grade when filled.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(20) 350-48(s)(20) Swimming pool, residential.

(A) Definition: Any swimming pool that is accessory to a residence; is not used for commercial purposes; and requires a rigid support structure and/or is capable of being greater than 42 inches above grade when filled.

(B) Use classification: Residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X		X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations: None.

(t) Uses starting with the letter "T."

(1) 350-48(t)(1) Temporary construction site trailer.

(A) Definition: A nonmotorized vehicle used only for office facilities or for storage of construction-related equipment or materials.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: A hard paved or stone mud-free parking area shall be provided containing one parking stall, 10 feet by 20 feet in size for each 10 lots in the subdivision.

(E) Additional regulations:

(i) Temporary construction site trailers (prefabricated, manufactured housing, or industrialized housing type structures) may be established via the Township permit process, when purposed for an Township-approved construction project.

[1] Temporary construction site trailers shall observe the minimum setback requirements imposed upon the Township-approved principal primary use of the subject lot.

[2] Temporary construction site trailer permits shall be subject to renewal on a yearly basis.

[3] Temporary construction site trailers shall not serve as sleeping quarters.

[4] Temporary construction site trailers when used as occupied contractor, lease or sales offices shall be equipped with appropriate skirting or safety fence/mesh material to prevent children and animals from crawling under said structure.

[5] A temporary construction site trailer may serve as a temporary lease or sales office until a model housing unit is complete, provided the following criteria are met:

[a] A hard paved or stone (mud-free) driveway and parking lot area shall be provided containing one parking stall, 10 feet by 20 feet in size, for each 10 lots in the subdivision. Access aisles shall be a minimum 20 feet in width.

[b] A Pennsylvania Department of Transportation highway occupancy or Township street occupancy permit shall be required if the parking lot area's driveway accesses such roads.

[c] The temporary sales operation shall only be permitted between 8:00 a.m. and astronomical sunset.

(2) 350-48(t)(2) Treatment center.

(A) Definition: An institutional facility with an organized staff providing therapeutic, rehabilitation, counseling, and/or medical treatment and support services for the care of persons who need such facilities, for a period not to exceed one year, because of:

(i) Criminal rehabilitation, such as a criminal halfway house or center for persons convicted of driving under the influence of alcohol; or

(ii) Addiction to alcohol and/or a controlled substance.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception														X		X	X
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per guest room plus calculated spaces for restaurants; if publicly accessible meeting rooms are available, 1.0 space per 100 square feet of total floor area devoted to the meeting room area; one large parking space for parking areas containing more than 50 standard spaces; plus one large off-street loading zone if the use is greater than 50,000 square feet in area.

(E) Additional regulations: Where so noted in Subsection (t)(2)(C) above, a treatment center shall be permitted by special exception subject to the minimum standards and criteria set forth in § 350-41(d).

(i) That the applicant provide evidence of compliance with all applicable federal, state or county licensing and requirements.

(ii) That, prior to the issuance of a certificate of occupancy, the applicant shall fully disclose to the Fire Chief and Emergency Service Responder Authorities the day-to-day operations, level of care, level of staffing, level of security, behavioral management, discharge procedures, and evacuation plans and to provide ample time for Township emergency service providers to be fully trained and have a comfortable level of understanding of the facility.

(u) Uses starting with the letter "U."

(1) 350-48(u)(1) Utility support facility.

(A) Definition: A use, the primary function of which is the administration, basing and/or training of personnel and/or the storage and/or maintenance of materials and/or equipment required for the implementation and maintenance of public utilities.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary																X	X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift), plus 1.0 space for every 100 square feet of meeting room space within the building (if applicable); plus one large off-street loading zone.

(E) Additional regulations:

(i) All outdoor storage shall be subject to § 350-48(o)(8).

(v) Uses starting with the letter "V."

(1) 350-48(v)(1) Veterinarian office.

(A) Definition: A facility operated by one or more state-licensed veterinarians or other licensed practitioners for the examination and treatment of animal ailments. Veterinarian offices shall treat and house all animals indoors. Any outdoor housing, feeding or sheltering of animals is considered to be a kennel use.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary	X	X							X		X	X	X	X			X
Accessory
Special exception
Conditional use

(D) Minimum off-street parking calculations: For buildings up to 14,999 square feet the parking ratio shall be 1.0 parking space provided for each 200 square feet of "useable office area." For buildings 15,000 square feet and larger the parking ratio shall be 1.0 parking space provided for each 250 square feet of "useable office area;" plus one large off-street loading zone if the use is greater than 10,000 square feet in area.

(E) Additional regulations:

(i) Any buildings, structures or areas within which animals are to be housed, serviced, exercised or kept shall be no less than 200 feet from a residential use.

(ii) In residential zoning districts, hours of operation shall be restricted to between 8:00 a.m. and 8:00 p.m.

(iii) In residential zoning districts, signage shall be subject to § 350-48(s)(10)(E)(xiii).

(w) Uses starting with the letter "W."

(1) 350-48(w)(1) Warehousing and distribution.

(A) Definition: A use, the primary function of which is the indoor storage of products and materials, and the secondary functions of transfer and distribution of those products and materials on to and off of transportation assets. Ancillary functions may include the processing and packaging of finished products for shipping, inventory control, material handling, order administration, and administrative offices. Warehouse and distribution uses are characterized by a ratio of one loading dock for every 3,000 square feet or more of total floor area.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use																X

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 5,000 square feet of floor area used for warehouse and distribution plus 1.0 space per 250 square feet of floor area used for office space, whichever is greater; plus 1.0 oversized space for every 3.5 loading docks, and 1.0 (trailer) spaces (55 feet by 10 feet in size) per loading dock. The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

(E) Additional regulations:

(i) Specific standards for conditional use. Warehousing and distribution facilities shall comply with and satisfy all of the following specific standards:

[Amended 3-20-2019 by Ord. No. 1044]

[1] Such uses shall require the submission of a transportation impact study of the primary access route(s) between the use and PA Route 309, US Route 22, I-476, or I-78, for that portion of the access route(s) located within South Whitehall Township, as part of the establishment of a new use proposing 10 or more loading docks, or the expansion of an existing use that proposes 10 or more loading docks (existing and proposed) in the aggregate, or the expansion of an existing use proposing 10 or more additional loading docks, cumulatively, since the prior submission of a transportation impact study or the establishment of the use, whichever is applicable. The transportation impact study shall be prepared by a civil engineer licensed to practice in Pennsylvania with experience preparing such studies and shall be prepared in accordance with the Institute of Transportation Engineer's (ITE) Recommended Practice Traffic Access and Impact Studies for Site Development, current edition, and PennDOT Publications "Policies and Procedures for Transportation Impact Studies," 201 and 282, current editions.

[2] Such uses shall require the submission of evidence that the proposed new use or expansion of the existing use provides sufficient off-street trailer parking spaces available for pre- and post-loading and unloading activities.

[3] Such uses shall require the submission of evidence that the off-street trailer parking spaces are located on concrete or similar deformation-resistant surfaces constructed in a manner that ensures the stability of a fully loaded trailer stored for an extended period of time.

[4] Such uses shall require the submission of evidence that the proposed new use or expansion of the existing use provides sufficient off-street tractor trailer parking spaces available for tractor trailers arriving during nonbusiness hours to prevent tractor-trailers from parking on public streets while waiting for access to the facility.

[5] Such uses shall require the submission of evidence that the proposed new use or expansion of the existing use provides sufficient off-street queueing space available at facility entrances to prevent vehicles from queueing on public streets while waiting for access to the facility.

[6] Such uses require the submission of written plans, checklists or other measures to deal with the outdoor storage of hazardous materials, either in trailers or other containers, to the Public Safety Commission for their review and advisory recommendation to the Board of Commissioners.

[7] Submission of a truck routing map indicating anticipated routes to and from the proposed facility. The aforementioned transportation impact study shall include all anticipated routes shown on the truck routing map submitted by the applicant.

[8] Submission of engineered access/intersection plans and sign package(s) that guide truck movements in a manner consistent with the above-mentioned routing map.

[9] Submission of a written description of strategies that will be implemented to reduce gate wait times and free up internal parking spaces at the facility. Such strategies may include electronic data, automated vehicle identification, and equipment tracking technology.

[10] If the facility is located adjacent to an active railroad line, the applicant shall send a written request to the rail line inquiring whether rail service sidings or siding reserve areas are something that the rail line would permit at the subject site. If the rail line will permit rail service sidings or siding reserve areas at the subject site, the applicant shall include same on the plan.

[11] Submission of a written description of the strategy to assure that trucks are able to access the facility at any time of the day or night. This may include key cards, on-duty security and separated secure areas. A plan note containing this description shall also be included on the final, recordable plan.

[12] The site shall have a minimum of one secure truck parking space outside of the shown dock positions for each 50 trucks served per day at the facility.

[13] The site shall have driver amenities in each building, including showers, food services, sleeping areas, and entertainment and waiting areas. At least one amenity shall be provided for every 25 truck loading/unloading docks/doorways of the use. The size of each such amenity shall be proportionate to the number of loading/unloading docks/doorways, with a minimum area to accommodate six seats and one four-person table.

[14] Submission of plan(s) and/or description identifying pedestrian and/or bicycle accommodations to be incorporated internal and external to the facility. At a minimum, this submission shall include:

[a] Employee bicycle rack;

[b] If the site is located on a public transit route, a public transit stop or an area reserved for a future public transit stop, as may be determined by the serving transit authority;

[c] Sidewalks along the perimeter of the subject property where the perimeter is bounded by roads;

[d] An employee gathering space internal to the site which shall beat least 1,200 square feet in size for every 25 truck loading/unloading docks/doorways. The employee gathering space shall not be the same area as the driver amenity area;

[e] Development of a defined internal pedestrian network.

[15] Submission of a written description of strategies that the facility will use to shift truck traffic from the most congested peak hours of traffic to off-peak hours. These strategies may include extending or modifying facility operating hours.

[16] Submission of a written description of strategies that the facility will use to prevent trucks from idling for extended periods, including facility policies, provision of sleeping facilities or electrical power hook-ups.

(2) 350-48(w)(2) Waste to energy facility.

(A) Definition: A use, the primary function of which is the burning of waste material to produce electrical energy. Also known as "energy resource recovery" facilities.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use																X

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 1,000 square feet of total floor area, whichever is greater; plus 1.0 oversized space for every five loading docks (or fraction thereof), and 1.0 (trailer) spaces (55 feet by 10 feet in size) for every five loading docks (or fraction thereof). The area serving the loading dock does not count as a parking or container space, but does count toward the required off-street loading zones.

(E) Additional regulations: Where so noted in Subsection (w)(2)(C) above, a waste to energy facility shall be permitted by conditional use review and approval subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(e):

(i) Such sites or facilities shall submit copies of any permits, letters of approval, air or water testing or monitoring reports, or like type documentation that demonstrates compliance with applicable federal and state rules, regulations and requirements, and with the requirements of any Solid Waste Management Ordinance[9] enacted by South Whitehall Township.

[9] Editor's Note: See Ch. 288, Solid Waste.

(ii) A fifty-yard buffer zone shall be established adjacent to the perimeter lot lines upon which no solid wastes shall be deposited or stored.

(iii) Within the required buffer zone, two parallel rows of dense shrubbery six feet high set three feet apart, as well as trees, shrubs and other suitable vegetation, shall be planted and landscaping provided in a manner acceptable to the Township Shade Tree Commission to fully obscure any view of the site or facility from public roadways and adjacent public or private properties, and to maintain, preserve and enhance the environmental integrity of the surrounding area.

(iv) Such sites or facilities shall be completely enclosed by chain-link fencing, or such other durable fencing as approved by the Township, which fencing shall be no less than six feet in height but which shall not exceed a maximum height limitation of eight feet. All fencing shall be set back at least 45 feet from a lot line.

(v) The buffering and fencing requirements of Subsection (w)(2)(E)(iv) immediately above shall be deemed inapplicable to facilities utilized solely for the storage and transfer of clean recyclables approved as to content by the Township.

(vi) No site or facility shall be permitted or established on any portion of a site which is subject to flooding, chronic wetness or is located within a floodplain, flood fringe or in areas where continuous or intermittent contact occurs between solid waste and the ground water table.

(vii) The disposal of sewage and hazardous wastes in any form shall be prohibited at any such site or facility (however, nothing herein stated shall preclude the proper application of nonhazardous sewage sludge from a waste water treatment plant to agricultural land for agricultural purposes if such application is approved by the Commonwealth Department of Environmental Protection).

(viii) Such sites and facilities shall be operated and maintained in such manner so as to prevent health hazards, environmental degradation, the attraction, harborage or breeding of insects, rodents, vectors, and to eliminate conditions which create safety hazards, odors, dust, unsightliness, excessive noise, toxic or obnoxious fumes, public nuisances, or impose a hardship on adjoining property owners or result in an undue burden upon the Township, its municipal services and infrastructure.

(ix) All equipment shall be stored inside totally enclosed buildings.

(x) No solid wastes shall be stored outdoors or in such a manner as to permit dispersal or exposure to the natural elements.

(xi) Access to any such site or facility shall be limited in the following manner:

[1] Access to the site or facility shall be limited to normal operating hours. Attendants shall be present at the site during all operating hours.

[2] A gate or barrier as approved by the Township at the entrance to the site or facility shall be erected to block access to the site or facility.

[3] Normal operating hours for all sites or facilities (excepting incinerators) and normal delivery hours of all sites or facilities during weekdays shall be from 7:30 a.m. to 4:30 p.m. and on weekends from 7:00 a.m. to 12:00 noon on Saturdays. No waste deliveries shall be permitted at any other time. Additionally, the site or facility shall be closed on Christmas Day, New Year's Day, Thanksgiving Day, Good Friday, Labor Day, Memorial Day, and 4th of July. Incinerators shall be permitted to operate in excess of the time limitations set forth in this Subsection (w)(2)(E)(xi)[3], however, waste deliveries shall be limited to the times set forth herein.

[4] Hours of operation and other limitations regarding access to the site or facility shall be prominently displayed on a sign at the entrance. The sign shall have a minimum size of three feet by four feet and a maximum of 20 square feet.

[5] Access shall be limited to collection vehicles bearing identification stickers issued by the Township. Such stickers shall be plainly visible on all vehicles admitted to the facility. Access by unauthorized vehicles or persons shall be prohibited.

[6] Operators shall upon request provide access keys to the facility for emergency personnel.

(xii) Measures and procedures to prevent and minimize fire hazards shall be established and practiced at the site or facility (which measures and procedures shall be not less stringent than the Township fire prevention ordinance or regulations) including, among other, the following measures and procedures:

[1] Water of adequate volume and pressure, as determined by the Township Engineer after consultation with the Township Manager, to supply water hose streams, or foam producing equipment or water spray systems, as well as necessary equipment, compatible with local fire department equipment, such as hoses, nozzles, and pumps for minimizing fire hazards, shall be available at the site.

[2] Telephone or radio communication shall be located at the site or facility, and shall be readily available or accessible. Furthermore, a list of all emergency numbers shall be provided for the plant operators. The Township shall be provided with information noting the names, addresses, and phone numbers of the appropriate plant officials to be contacted in case of an emergency.

(xiii) The site or facility shall be adequately policed, and adequate provision shall be made to prevent the dispersal or accumulation of any litter on or off site, and to prevent dust, fumes or debris from interrupting, hampering or obstructing operations at the site or facility or from causing health or safety hazards or public nuisances.

(xiv) Any burning or incineration process shall be equipped with adequate air pollution and emissions control devices and equipment to prevent any degradation of the quality or integrity of the environment below standards now or hereafter enacted in the Solid Waste Management Program[10] of South Whitehall Township.

[10] Editor's Note: See Ch. 288, Solid Waste.

(xv) The operator of such site or facility shall take appropriate measures to guarantee that all waste materials shall remain within the transportation vehicles utilizing or transporting solid waste to or from the site or facility.

(xvi) No site or facility shall be operated which does not conform with any applicable state or federal laws, regulations and requirements regarding air pollution and emissions control or the protection and preservation of streams, waterways or any natural resources.

(xvii) Truck traffic and truck access to any such site or facility shall be arranged so as to minimize danger to or the interruption of normal traffic flow and so as to prevent any nuisance to adjacent or surrounding properties.

(xviii)  Every facility having or generating residues, residual wastes or other wastes as a result of the conduct or operation of such facility shall submit evidence of effective and binding contractual agreements with sites that are properly permitted by the appropriate state's regulatory agency for the proper disposal of any such wastes, where the wastes will not or cannot be stored or disposed of on-site.

(3) 350-48(w)(3) Waste treatment facility.

(A) Definition: A use, the primary function of which is the receiving, storage, transfer, treatment, processing, recycling and/or disposal of waste material, unless better defined elsewhere in this chapter.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use																X

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 1.0 space per 250 square feet of total floor area, whichever is greater; plus three oversized spaces per loading dock.

(E) Additional regulations: Where so noted in Subsection (w)(3)(C) above, a waste treatment facility shall be permitted by conditional use review and approval subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(e):

(i) Such sites or facilities shall submit copies of any permits, letters of approval, air or water testing or monitoring reports, or like type documentation that demonstrates compliance with applicable federal and state rules, regulations and requirements, and with the requirements of any Solid Waste Management Ordinance enacted by South Whitehall Township.[11]

[11] Editor's Note: See Ch. 288, Solid Waste.

(ii) A fifty-yard buffer zone shall be established adjacent to the perimeter lot lines upon which no solid wastes shall be deposited or stored.

(iii) Within the required buffer zone, two parallel rows of dense shrubbery six feet high set three feet apart, as well as trees, shrubs and other suitable vegetation, shall be planted and landscaping provided in a manner acceptable to the Township Shade Tree Commission to fully obscure any view of the site or facility from public roadways and adjacent public or private properties, and to maintain, preserve and enhance the environmental integrity of the surrounding area.

(iv) Such sites or facilities shall be completely enclosed by chain-link fencing, or such other durable fencing as approved by the Township, which fencing shall be no less than six feet in height but which shall not exceed a maximum height limitation of eight feet. All fencing shall be set back at least 45 feet from a lot line.

(v) The buffering and fencing requirements of Subsection (w)(3)(E)(iv) immediately above shall be deemed inapplicable to facilities utilized solely for the storage and transfer of clean recyclables approved as to content by the Township.

(vi) No site or facility shall be permitted or established on any portion of a site which is subject to flooding, chronic wetness or is located within a floodplain, flood fringe or in areas where continuous or intermittent contact occurs between solid waste and the ground water table.

(vii) The disposal of sewage and hazardous wastes in any form shall be prohibited at any such site or facility (however, nothing herein stated shall preclude the proper application of nonhazardous sewage sludge from a waste water treatment plant to agricultural land for agricultural purposes if such application is approved by the Commonwealth Department of Environmental Protection).

(viii) Such sites and facilities shall be operated and maintained in such manner so as to prevent health hazards, environmental degradation, the attraction, harborage or breeding of insects, rodents, vectors, and to eliminate conditions which create safety hazards, odors, dust, unsightliness, excessive noise, toxic or obnoxious fumes, public nuisances, or impose a hardship on adjoining property owners or result in an undue burden upon the Township, its municipal services and infrastructure.

(ix) All equipment shall be stored inside totally enclosed buildings.

(x) No solid wastes shall be stored outdoors or in such a manner as to permit dispersal or exposure to the natural elements.

(xi) Access to any such site or facility shall be limited in the following manner:

[1] Access to the site or facility shall be limited to normal operating hours. Attendants shall be present at the site during all operating hours.

[2] A gate or barrier as approved by the Township at the entrance to the site or facility shall be erected to block access to the site or facility.

[3] Normal operating hours for all sites or facilities (excepting incinerators) and normal delivery hours of all sites or facilities during weekdays shall be from 7:30 a.m. to 4:30 p.m. and on weekends from 7:00 a.m. to 12:00 noon on Saturdays. No waste deliveries shall be permitted at any other time. Additionally, the site or facility shall be closed on Christmas Day, New Year's Day, Thanksgiving Day, Good Friday, Labor Day, Memorial Day, and 4th of July. Incinerators shall be permitted to operate in excess of the time limitations set forth in this Subsection (w)(3)(E)(xi)[3]; however, waste deliveries shall be limited to the times set forth herein.

[4] Hours of operation and other limitations regarding access to the site or facility shall be prominently displayed on a sign at the entrance. The sign shall have a minimum size of three feet by four feet and a maximum of 20 square feet.

[5] Access shall be limited to collection vehicles bearing identification stickers issued by the Township. Such stickers shall be plainly visible on all vehicles admitted to the facility. Access by unauthorized vehicles or persons shall be prohibited.

[6] Operators shall upon request provide access keys to the facility for emergency personnel.

(xii) Measures and procedures to prevent and minimize fire hazards shall be established and practiced at the site or facility (which measures and procedures shall be not less stringent than the Township fire prevention ordinance or regulations) including, among other, the following measures and procedures:

[1] Water of adequate volume and pressure, as determined by the Township Engineer after consultation with the Township Manager, to supply water hose streams, or foam producing equipment or water spray systems, as well as necessary equipment, compatible with local fire department equipment, such as hoses, nozzles, and pumps for minimizing fire hazards, shall be available at the site.

[2] Telephone or radio communication shall be located at the site or facility, and shall be readily available or accessible. Furthermore, a list of all emergency numbers shall be provided for the plant operators. The Township shall be provided with information noting the names, addresses, and phone numbers of the appropriate plant officials to be contacted in case of an emergency.

(xiii) The site or facility shall be adequately policed, and adequate provision shall be made to prevent the dispersal or accumulation of any litter on or off site, and to prevent dust, fumes or debris from interrupting, hampering or obstructing operations at the site or facility or from causing health or safety hazards or public nuisances.

(xiv) Any burning or incineration process shall be equipped with adequate air pollution and emissions control devices and equipment to prevent any degradation of the quality or integrity of the environment below standards now or hereafter enacted in the Solid Waste Management Program of South Whitehall Township.[12]

[12] Editor's Note: See Ch. 288, Solid Waste.

(xv) The operator of such site or facility shall take appropriate measures to guarantee that all waste materials shall remain within the transportation vehicles utilizing or transporting solid waste to or from the site or facility.

(xvi) No site or facility shall be operated which does not conform with any applicable state or federal laws, regulations and requirements regarding air pollution and emissions control or the protection and preservation of streams, waterways or any natural resources.

(xvii) Truck traffic and truck access to any such site or facility shall be arranged so as to minimize danger to or the interruption of normal traffic flow and so as to prevent any nuisance to adjacent or surrounding properties.

(xviii)  Every facility having or generating residues, residual wastes or other wastes as a result of the conduct or operation of such facility shall submit evidence of effective and binding contractual agreements with sites that are properly permitted by the appropriate state's regulatory agency for the proper disposal of any such wastes, where the wastes will not or cannot be stored or disposed of on-site.

(4) 350-48(w)(4) Wholesale sales.

(A) Definition: Establishments engaged primarily in selling and/or renting merchandise to retailers, to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling and/or merchandise to, such individuals or companies, but not excluding related retail sales and/or rental which comprise less than 25% of their business activities. May also include ancillary incidental manufacturing or assembly required to support the wholesaling use.

(B) Use classification: Commercial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary											X	X	X	X		X	X
Accessory
Special exception											X*	X*	X*	X*
Conditional use

NOTES:
*	See additional regulations below.

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift), 1.0 space for every 200 square feet of total floor area open to the public, plus three oversized spaces per loading dock, plus one oversized off-street loading zone for every 25,000 square feet of use area.

(E) Additional regulations: Where so noted in Subsection (w)(4)(C) above, wholesale sales uses greater than 75,000 square feet in total floor area shall be permitted by special exception subject to the minimum standards and criteria set forth in § 350-41(d).

(5) 350-48(w)(5) Wind energy facility.

(A) Definition: An electric generation facility whose main purpose is to supply electricity, consisting of one or more wind energy systems and other ancillary structures and buildings, with the primary intention of the producing electricity on-site and transmitting it off-site. The term does not include small wind energy systems constructed primarily for use on site as an accessory use.

(B) Use classification: Industrial.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory
Special exception
Conditional use																	X

(D) Minimum off-street parking calculations: 1.0 space per employee on the largest two shifts (or largest shift, if there is no more than one shift) or 2.0 spaces, whichever is greater, plus 1.0 oversized space.

(E) Additional regulations: Where so noted in Subsection (w)(5)(C) above, a wind energy facility shall be permitted by conditional use review and approval subject to the following minimum standards and criteria, in addition to those set forth in § 350-41(e):

(i) Eligibility requirements.

[1] In order for a lot(s) to be eligible for a wind energy facility it shall be located in the Industrial Zoning District and shall have a minimum lot size derived as follows: (2 acres x number of Wind Turbines) + 18 acres = minimum lot size.

[2] The minimum lot size may be broken into multiple contiguous lots, each under separate ownership, if all of the wind energy facilities are to be owned, operated and maintained by one facility owner.

(ii) Setback and separation requirements.

[1] Wind turbines shall be set back from the nearest occupied building on site a distance not less than 1.1 times the turbine height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building.

[2] Wind turbines shall be set back from the nearest occupied building located on a neighboring property a distance of not less than five times the turbine height measured from the center of the wind turbine base to the nearest point on the foundation of the occupied building. This setback shall not apply to property owners who have negotiated easements and/or an agreement with the turbine developer to become a participating land owner or not have the setbacks and noise provisions apply to their property.

[3] Lot lines. All wind turbines shall be set back from the nearest lot line a distance of not less than the greater of the maximum setback requirements for that zoning classification where the turbine is located or 1.1 times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.

[4] Separation of towers. Towers shall be separated by a distance at least equal to 15 times the largest blade diameter. A blade diameter is the diameter the blade covers circle wise.

[5] Public roads. All wind turbines shall be set back from the nearest public road a distance of not less than 1.1 times the turbine height, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.

[6] Wetlands. All wind turbines shall be set back a distance of 1,000 feet from any wetlands listed on the Township Comprehensive Plan Natural Resources Map 5-1.

(iii) Design and installation. Wind energy facilities shall be designed and installed as follows:

[1] Design safety certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energy, or other similar certifying organization(s).

[2] Visual appearance. Wind turbines and poles shall not be of colors that are not based upon shades of blue, black, or grey, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

[3] Wind turbines shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

[4] On-site transmission and power lines between wind turbines, to the maximum extent possible, be placed underground.

(iv) Warnings and safety measures.

[1] A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

[2] Visible, reflective, colored objects, such as flags, reflectors, or tape, shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.

[3] Caution signs shall be placed at the setback limits warning of ice and blade throws. Signs shall be placed at one-hundred-foot intervals and be four feet to six feet high (eye level). Said signs shall be a minimum of one square foot and no larger than two square feet in size and shall have the words "Caution: Falling Objects" printed thereon. In addition, the owner's and/or operator's name and current address shall be printed thereon.

[4] Wind turbines shall not be climbable up to 15 feet above ground surface.

[5] All access doors to the wind energy facility and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

[6] Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on all wind turbines shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.

(v) Agreements for operational standards shall be required at the discretion of the South Whitehall Township Board of Commissioners to address the following:

[1] Use of public roads.

[a] The applicant shall identify all state and local public roads to be used within South Whitehall Township to transport equipment and parts for construction, operation or maintenance of the wind energy facility.

[b] The Township Engineer, or a qualified third-party engineer hired by the Township and paid for by the applicant, shall document road conditions prior to construction. The engineer shall document road conditions again 30 days after construction is complete or as weather permits.

[c] The Township may bond the road in compliance with state regulations.

[d] Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.

[e] The applicant shall demonstrate that it has appropriate financial assurance to ensure the prompt repair of damaged roads.

[2] Noise.

[a] Audible sound from a wind energy facility measured at the exterior of any occupied building on a nonparticipating landowner's property within 1.25 miles of the wind turbine shall not exceed the ambient noise level by 5dB(A) or the dB(A) limits referenced in the table below, whichever is less:

Character Type and Zoning District	Daytime and Evening Limit (7:00 a.m. - 10:00 p.m.)	Night Limit (10:00 p.m. - 7:00 a.m.)
Rural (RR-3, RR-2, R-R, and NC that abuts RR-3, RR-2 or RR)	35db(A)	25db(A)
Low-Density Residential (R2, R3)	40db(A)	30db(A)
Medium/High-Density Residential/Nonresidential (R4, R5, R10, NC, HC, GC, GC-1, OC, I, IC-1, HC-1, CR)	45db(A)	35db(A)

[b] Methods for measuring and reporting acoustic emissions from wind turbines and the wind energy facility shall be equal to or exceed the minimum standards for precision described in the current American Wind Energy Association Standard 9.1 and by reference, the latest edition of the International Electrical Code 61400-11 ed.2. The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest.

[c] The existing ambient noise level is to be established according to ANSI S350-18-1994 with a sound meter that meets or exceeds ANSI.4-1983 specifications for a Type I sound meter. The measured existing ambient noise level must be included in the conditional use application.

[3] Shadow flicker. The facility owner and operator shall make reasonable efforts to minimize shadow flicker to any occupied building on a neighboring property.

[4] Signal interference. The applicant shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals and shall mitigate any harm caused by the wind energy facility. The applicant shall test signal reception at occupied buildings within a one-mile radius of any proposed wind turbine prior to construction. During a time period of 30 days to 60 days post-construction, signal reception shall be tested again at the same buildings tested prior. Any significant signal degradation shall be corrected by the applicant.

[5] Liability insurance. There shall be maintained a current general liability policy covering bodily injury and property damage with limits of at least $1,000,000 per occurrence and $1,000,000 in the aggregate. Certificates shall be made available to South Whitehall Township upon request.

[6] Public inquiries. The facility owner and operator shall maintain on file with the Township a phone number and identify a responsible person for the public to contact with inquiries and complaints available 24 hours a day, seven days a week throughout the life of the project. If there is a mechanical failure or possible ordinance violation, the facility owner or operator shall begin to correct the problem within 24 hours and have it corrected within 10 business days from the time of the complaint or inquiry was received. If the problem has not been corrected within the 10 business days, the Township may, at its discretion, instruct the facility owner and/or operator to shut down the affected wind turbine until a repair or correction is made to eliminate the problem.

[7] Waste management. All solid waste, whether generated from supplies, equipment, parts, packaging, or operation or maintenance of the facility, including old parts and equipment, shall be removed from the site in a timely manner consistent with industry standards. All hazardous waste generated by the operation and maintenance of the facility, including but not limited to lubricating materials, shall be handled in a manner consistent with all local, state and federal rules and regulations.

(vi) A decommissioning agreement plan shall be required at the discretion of the South Whitehall Township Board of Commissioners and shall address the following:

[1] The facility owner and operator shall, at its expense, complete decommissioning of the wind energy facility, or individual wind turbines, within 12 months after the end of the useful life of the facility or individual wind turbines. The wind energy facility or individual wind turbines will presume to be at the end of its or their useful life if no electricity is generated for a continuous period of 12 months.

[2] Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, access roads, foundations to a depth of 36 inches, and any other associated facilities.

[3] Disturbed earth shall be graded, reseeded and/or reforested to reclaim the site back to its predevelopment condition, unless the landowner requests in writing and approval granted by the Board of Commissioners that the access roads or other land surface areas not be restored.

[4] An independent and certified professional engineer shall be retained by South Whitehall Township at the cost of the property owner or operator to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the Township after the first year of operation and every fifth year thereafter.

[5] The facility owner or operator shall post and maintain decommissioning funds in an amount equal to net decommissioning costs, provided that at no point shall decommissioning funds be less than 25% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the commonwealth and is approved by the Township.

[6] Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the Township.

[7] If the facility owner or operator fails to complete decommissioning within the period prescribed by Subsection (w)(5)(E)(vi)[1] above, then the landowner shall have six months to complete decommissioning.

[8] If neither the facility owner or operator nor the landowner complete decommissioning within the periods prescribed by Subsection (w)(5)(E)(vi)[1] above and Subsection (w)(5)(E)(vi)[7] immediately above, then the Township may take such measures as necessary to complete decommissioning. The entry into and submission of evidence of a participating landowner agreement to the Township shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the Township may take such action as necessary to implement the decommissioning plan at owner, operator and/or landowner's expense.

[9] The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the municipality concurs that decommissioning has been satisfactorily completed or upon written request of the municipality in order to implement the decommissioning plan.

(6) 350-48(w)(6) Wind energy systems, small freestanding.

(A) Definition: A wind energy conversion system consisting of a wind turbine mounted on a tower, associated control or conversion electronics, which has a rated capacity of not more than 60 kilowatts (kW) and is intended to primarily reduce on-site consumption of utility-supplied electricity.

(B) Use classification: Agricultural, nonresidential, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X									X		X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Nonresidential small wind energy system general regulations.

[1] A property on which a small wind energy system is proposed to be located must have a permitted principal use which would be drawing electricity from said small wind energy system.

[2] Wind turbine freestanding systems eligibility, setback, and height requirements.

[a] The lot shall be at least three acres in size and located in an Industrial, Commercial Recreation, Highway Commercial - 1 (Special Height Limitation), General Commercial - 1 (Special Height Limitation), or Industrial-Commercial - 1 Zoning District.

[b] The lot shall be permitted to have one small wind energy system involving a wind turbine attachment to a freestanding tower. One additional tower shall be permitted if the lot is 35 acres or larger in size. Wind turbines may only be attached to freestanding towers.

[c] All small wind energy systems involving wind turbine attachment to a freestanding tower shall meet the requirements for setbacks, height, design and installation, warnings and safety measures, noise and nuisance mitigation, and decommissioning pursuant to Subsection (w)(6)(E)(ii) immediately below.

(ii) Residential small wind energy system general regulations.

[1] A lot on which a small wind energy system is proposed to be located shall have a permitted principal use that would be drawing electricity from said small wind energy system.

[2] Wind turbine freestanding systems eligibility, setback, and height requirements.

[a] The lot shall be located in the Rural Residential RR-3, Rural Residential RR-2, or Rural Residential and Agricultural RR Zoning District and be at least three acres in size.

[b] A setback distance equal to 1.1 times the turbine height shall be required from all lot lines.

[c] A setback distance equal to 1.1 times the total height shall be required from any travel ways to include but not limited to driveways, parking lots, nature trails or sidewalks.

[d] A setback distance equal to 1.1 times the total height shall be required from any public road right-of-way way, unless written permission is granted by the governmental entity with jurisdiction over the road.

[e] A setback distance of at least 250 feet from the nearest occupied building on a neighboring property at the time of turbine installation shall be required.

[f] The setback shall be measured to the center of the tower's base to the nearest point of any given limitation described herein.

[3] Small wind energy system height shall be limited as follows:

Lot Size (acres)	Height (feet)
3 to 4.99	80
5 and greater	130

[4] Small wind energy systems shall be designed and installed as follows:

[a] Design safety certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energy, or other similar certifying organization(s).

[b] Wind turbines and poles shall not be of colors that are not based upon shades of blue, black, or grey, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

[c] Small wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

[d] On-site transmission and power lines between wind turbines, to the maximum extent possible, shall be placed underground.

[e] Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off-grid systems shall be exempt from this requirement.

[f] The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and overspeed controls.

[5] Warnings and safety measures.

[a] A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

[b] Small wind energy systems shall not be climbable up to 15 feet above ground surface.

[c] All access doors to small wind energy systems and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

[d] Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on all wind turbines shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.

[6] Noise and nuisances.

[a] Audible sound from a small wind energy system shall not exceed five dBA above the ambient noise level measured at the exterior of any occupied building on a nonparticipating landowner's property.

[b] Methods for measuring and reporting acoustic emissions from wind turbines and the small wind energy system shall be equal to or exceed the minimum standards for precision described in AWEA Standard 9.1 - 2009 and by reference, the latest edition of the IEC 61400-11 ed.2. The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest.

[c] The existing ambient noise level is to be established according to ANSI S350-18-1994 with a sound meter that meets or exceeds ANSI.4-1983 specifications for a Type I sound meter.

[d] Shadow flicker: Small wind energy systems shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring properties or adjacent uses either through positioning or mitigation.

[7] Decommissioning.

[a] A small wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned. The Zoning Officer may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.

[b] If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator and the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Zoning Officer may pursue a legal action to have the wind generator removed at the owner's expense.

(7) 350-48(w)(7) Wind energy systems, small roof-mounted.

(A) Definition: A wind energy conversion system consisting of a wind turbine or a series of wind turbines mounted on a roof-top, associated control or conversion electronics, which has a rated capacity of not more than 60 kilowatts (kW) and is intended to primarily reduce on-site consumption of utility-supplied electricity.

(B) Use classification: Nonresidential, residential.

(C) Where permitted:

Zoning District	RR-3	RR-2	RR	R-2	R-3	R-4	R-5	R-10	NC	OC	GC	GC-1	HC	HC-1	CR	IC-1	I
Primary
Accessory	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X	X
Special exception
Conditional use

(D) Minimum off-street parking calculations: Not applicable.

(E) Additional regulations:

(i) Nonresidential small wind energy system general regulations.

[1] A property on which a small wind energy system is proposed to be located must have a permitted principal use which would be drawing electricity from said small wind energy system.

[2] Wind turbine roof-mounted systems are permitted as an accessory use in all zoning districts.

(ii) Residential small wind energy system general regulations.

[1] A lot on which a small wind energy system is proposed to be located shall have a permitted principal use that would be drawing electricity from said small wind energy system.

[2] Wind turbine roof-mounted systems are permitted as an accessory use in all zoning districts.

[3] Small wind energy systems shall be designed and installed as follows:

[a] Design safety certification. The design of the wind energy facility shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant shall submit certificates of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energy, or other similar certifying organization(s).

[b] Wind turbines and poles shall not be of colors that are not based upon shades of blue, black, or grey, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

[c] Small wind energy systems shall not be artificially lighted, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.

[d] On-site transmission and power lines between wind turbines, to the maximum extent possible, shall be placed underground.

[e] Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer owned generator. Off-grid systems shall be exempt from this requirement.

[f] The turbine shall include automatic devices to address high speed winds, such as mechanical brakes and overspeed controls.

[4] Warnings and safety measures.

[a] A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

[b] Small wind energy systems shall not be climbable up to 15 feet above ground surface.

[c] All access doors to small wind energy systems and electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.

[d] Blade clearance. The minimum distance between the ground and any protruding blade(s) utilized on all wind turbines shall be 15 feet, as measured at the lowest point of the arc of the blades. The minimum distance shall be increased as necessary to provide for vehicle clearance in locations where oversized vehicles might travel.

[5] Noise and nuisances.

[a] Audible sound from a small wind energy system shall not exceed five dBA above the ambient noise level measured at the exterior of any occupied building on a nonparticipating landowner's property.

[b] Methods for measuring and reporting acoustic emissions from wind turbines and the small wind energy system shall be equal to or exceed the minimum standards for precision described in AWEA Standard 9.1 - 2009 and by reference, the latest edition of the IEC 61400-11 ed.2. The municipality may grant a partial waiver of such standards where it has determined that literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question and provided that such waiver will not be contrary to the public interest.

[c] The existing ambient noise level is to be established according to ANSI S350-18-1994 with a sound meter that meets or exceeds ANSI.4-1983 specifications for a Type I sound meter.

[d] Shadow flicker: Small wind energy systems shall be sited in a manner that does not result in significant shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring properties or adjacent uses either through positioning or mitigation.

[6] Decommissioning.

[a] A small wind energy system that is out of service for a continuous twelve-month period will be deemed to have been abandoned. The Zoning Officer may issue a notice of abandonment to the owner of a small wind energy system that is deemed to have been abandoned. The owner shall have the right to respond to the notice of abandonment within 30 days from notice receipt date. The Zoning Officer shall withdraw the notice of abandonment and notify the owner that the notice has been withdrawn if the owner provides information that demonstrates the small wind energy system has not been abandoned.

[b] If the small wind energy system is determined to be abandoned, the owner of a small wind energy system shall remove the wind generator and the tower at the owner's sole expense within three months of receipt of notice of abandonment. If the owner fails to remove the wind generator from the tower, the Zoning Officer may pursue a legal action to have the wind generator removed at the owner's expense.