[Amended 11-20-2001 by Ord. No. 01-12; 11-14-2006 by Ord. No.
06-10; 7-24-2007 by Ord. No. 07-11]
A. General. The purpose of this district is to allow the design and development of carefully selected businesses, business parks and recreation/entertainment facilities along portions of arterial and collector highways within the LVI Airport aircraft flightpath; to provide planned development of this area of the Township that is compatible with the existing LVI Airport aircraft flightpath and that serves existing and foreseeable needs of the Township and surrounding areas; and to encourage the planning and utilization of the land and the harmonious design, erection and use of buildings within the aircraft flightpath in a diversified nonresidential area of the community that will contribute to the economic base of the Township. This development shall conform to Chapter
159, Subdivision and Land Development, as it is applicable. Further, it shall conform to all applicable Federal Aviation Administration regulations, including Part 77, Objects Affecting Navigable Airspace.
B. No Aircraft Flightpath Highway Business District use shall be permitted unless evidence has been submitted to the satisfaction of the Board of Supervisors that such use is or will be in compliance with §
185-20 of this chapter and all other sections of this chapter.
C. A site plan review by the Planning Commission and Board of Supervisors and approval by the Board of Supervisors is required for all proposed uses. Site plans shall be submitted showing location, size and orientation of the buildings within the lot and in accordance with §
185-22C, Site plan, of this chapter.
D. Permitted uses. Only the following building types or uses shall be permitted in this district, except nonconforming uses or buildings as provided for in Article
XI:
[Amended 5-22-2012 by Ord. No. 12-02]
(2) Golf courses/driving ranges. This specifically does not include miniature
golf.
(3) General service and repair shops, such as office equipment, computer,
printer, telephone, watch, radio, television and other home appliance
shops, of 10,000 square feet in size or smaller.
(4) Agriculture, including orchards and sod farms, but excluding animal
husbandry and commercial logging.
(5) Professional practice offices, such as law, medicine (but not a hospital,
nursing home, group home or similar use), veterinary, architecture,
engineering and the like.
(6) Business offices, consisting of administrative, sales, executive
and other general business offices, including, but not limited to,
computer and data processing facilities and other uses of the same
general nature.
(9) Printing, publishing and lithographic plants.
(10)
Light assembly, consisting of assembly of previously manufactured
components such as furniture, clothing, computers, phones, copiers,
electronic devices, office equipment, scientific instruments, watches,
clocks, photographic and optical goods or similar products; excepting,
however, the manufacturing of and/or assembly of chemicals or chemical
components.
(11)
Business park allowing only the following businesses or uses:
[Added 1-9-2018 by Ord.
No. 18-01]
(a)
Printing, publishing and lithographic plants.
(b)
Professional practice offices such as law, medicine (but not
a hospital, medical clinic, nursing home, group home or similar uses)
architecture, engineering and the like.
(c)
Research laboratories engaged in scientific investigation, testing
or the production of factual information for industrial, commercial
or institutional clients, where no physical or tangible product for
general marketing is directly produced therein, and provided that
the Board of Supervisors determined that no potential danger, hazard
or nuisance shall exist to the employees, building occupants or surrounding
areas, and provided that the Board of Supervisors determine that no
waste, other than normal domestic sewage, is discharged into any sewage
disposal system. Chemical or biochemical research, however, are specifically
prohibited.
(d)
Light assembly consisting of assembly of previously manufactured
components such as furniture, clothing, computers, phones, copiers,
electronic devices, office equipment, scientific instruments, watches,
clocks, photographic and optical goods or similar products, excepting,
however, the manufacturing of and/or assembly of chemicals or chemical
components. Hours of operation are from 6:00 a.m. until 10:00 p.m.
unless otherwise approved by the Board of Supervisors.
(e)
Business offices consisting of administrative, sales office,
executive, other general business offices, including but not limited
to computer and data processing facilities, sales and service of high
technology business and medical equipment and other uses of the same
general nature.
(12)
Light industrial, light manufacturing plant; excepting, however,
those whose primary uses involve chemical manufacturing or whose primary
use involves hazardous chemicals or materials.
[Added 2-23-2021 by Ord. No. 21-1]
(13)
Beverage/bottling works.
[Added 2-23-2021 by Ord. No. 21-1]
E. Conditional uses. Only the following building types and uses shall be permitted pursuant to Board of Supervisors approval, in accordance with the review procedures and use restrictions described in §
185-54, Conditional uses, of this chapter and the use restrictions described therein:
[Amended 5-22-2012 by Ord. No. 12-02]
(1) Research laboratories engaged in scientific investigation, testing
or the production of factual information for industrial, commercial
or institutional clients, where no physical or tangible product for
general marketing is directly produced therein, and provided that
the Board of Supervisors determines that no potential danger, hazard
or nuisance shall exist to the employees, building occupants or surrounding
areas, and provided that the Board of Supervisors determines that
no waste other than normal domestic sewage is discharged into any
sewage disposal system. Chemical or biochemical research, however,
is specifically prohibited.
(2) Landscaping businesses, including wholesale/retail centers and nurseries.
(3) Building materials sales and storage.
(4) Mini storage facilities for the specific purpose of storing the property
of individuals or businesses within individual storage areas within
closed buildings; excepting, however, the storage of any chemicals,
liquids or gases which shall be prohibited.
(5) Lawn and garden equipment sales and services.
(8) Private entertainment/recreation complex.
(9) Grower/processor facility.
[Added 12-20-2016 by Ord.
No. 16-08]
(10)
Medical marijuana delivery vehicle office.
[Added 12-20-2016 by Ord.
No. 16-08]
(11) Warehouse and storage facilities as an accessory use to store supplies
utilized in the manufacturing process on-site or finished goods manufactured
on-site in excess of 25% of the square footage of the building but
not greater than 50% of the square footage of the building.
[Added 2-23-2021 by Ord. No. 21-1; amended 4-9-2024 by Ord. No. 24-02]
F. Special exceptions. Only the following building types or uses shall be permitted, pursuant to Zoning Hearing Board review requirements of Article
XIV:
(1) Retail shops as an accessory use to a permitted or
conditional use, provided that such retail uses shall be limited to
25% of the total floor area of the permitted or conditional use if
found in association with a permitted or conditional use, up to a
limit of a combined total of 10,000 square feet of floor area for
these retail uses.
(2) Personal service shops, including dry-cleaning and
laundry pickup establishments, laundromat, barbershop and beauty parlor,
and shoe repair shop, provided that such uses shall be limited to
25% of the total floor area of the permitted or conditional use if
found in association with a permitted or conditional use, up to a
limit of a combined total of 10,000 square feet of floor area for
these personal service uses.
(3) Full service gasoline service station or automobile service shop, pursuant to §
185-21.
G. Prohibited uses. The following are strictly prohibited
within the AFHBD District:
(3) Truck terminals for storage or transit.
(4) Hospital, nursing home, convalescent home, home for
the elderly.
(7) Church or other place of worship.
(8) Public or private school.
(11)
Stand-alone restaurant and/or bar unless it
forms a part of the overall plan for a private entertainment/recreation
complex or hotel convention center.
(12)
Gasoline - convenience store.
(13)
Sales of vehicles, campers, boats, etc.
(14)
Adult entertainment facility.
(16)
All other uses not specifically permitted in
the AFHBD District.
H. Accessory uses. Only the following accessory building types and uses shall be permitted in this district, except nonconforming uses or buildings as provided for in Article
XI:
(1) Parking areas or loading areas, pursuant to §§
185-17,
185-18 and
185-33C, which specifically does not include a parking garage or parking deck.
(2) Warehouse and storage facilities where such uses are
accessory to or serve a principal use. The warehouse or storage shall
not exceed 25% of the square footage in a building.
(3) Customary accessory uses to a permitted principal
use of the land, on the same parcel of land.
(4) Signs, pursuant to §
185-19, with the restriction that signs for any existing residential uses shall be regulated by the same restrictions on signs in an R1-S District.
I. Area and bulk regulation. The following requirements
shall be observed:
(1) Minimum size of a business park development: 50 acres.
(2) General criteria:
[Amended 5-22-2012 by Ord. No. 12-02; 9-22-2020 by Ord. No. 20-4]
Maximum Lot Coverage
|
Maximum Building Height1
|
---|
Minimum Lot Area
(acres)
|
Minimum Lot Width
(feet)
|
Buildings
|
Total Impervious
|
(stories)
|
(feet)
|
---|
5
|
275
|
30%
|
50%
|
4
|
45
|
NOTES:
|
---|
1 All buildings must
comply with Federal Aviation Administration regulations for the maximum
building height within any portion of the AFHBD.
|
J. Minimum yard requirements. The following yard requirements
shall be observed:
[Amended 5-22-2012 by Ord. No. 12-02]
|
Side Yard
|
|
---|
Front Yard
(feet)
|
One
(feet)
|
Combined
(feet)
|
Rear Yard
(feet)
|
---|
50
|
301
|
80
|
501
|
NOTES:
|
---|
1 A minimum thirty-foot
parking setback shall be required for side and rear yard setbacks.
Where buffer yards are required for side and/or rear yards, no parking
may occur within the required buffer yard.
|
K. Minimum distance between structures. The minimum distance
between principal use structures on the same lot shall be 35 feet
unless otherwise approved by the Board of Supervisors during the site
plan review process.
L. Maximum length of a structure. The maximum length
of a nonresidential structure shall be 400 feet unless otherwise approved
by the Board of Supervisors during the site plan review process.
M. Other regulations.
(1) Stormwater detention, as required to meet the release rates as published in the Catasauqua Creek Watershed and Lehigh River Sub-Basin 4 Act 167 Stormwater Management Plan and as amended by Chapter
152, Stormwater Management, shall be provided either on-lot, regionally, or in a combination of the above.
(2) Open air storage, where permitted, shall be within
fenced or walled-in areas, and outside storage within a trailer(s)
is specifically not permitted. Maximum height of stored material is
10 feet.
(3) Preservation of landscape. The owner shall preserve
the landscape in its natural state by minimizing tree and soil removal.
The owner shall also insure that grade changes are compatible with
the general appearance of neighboring developed areas.
(4) Relation of proposed buildings to environment. The
owner shall relate proposed structure(s) harmoniously to the terrain
and to existing buildings that have a visual relationship to the proposed
structure(s). The owner shall provide a favorable relationship between
existing and proposed uses, create focal points with respect to avenues
of approach, terrain, features of other buildings and relate open
space between all existing and proposed buildings, when applicable.
(5) Drive, parking and circulation. For vehicular and
pedestrian circulation, including walkways, interior drives and parking,
the owner shall give special attention to the location and number
of access points to public streets, width of interior drives and access
to public streets, width of interior drives and access points, general
interior circulation, separation of pedestrian and vehicular traffic,
and arrangement of safe and convenient parking areas. The owner shall
further design these vehicular and pedestrian areas to enhance the
appearance of and access to the proposed buildings and structures
and to the neighboring properties.
(6) Surface water drainage. The owner shall give special
attention to proper site surface drainage to ensure that removal of
surface water will not adversely affect either neighboring properties
or the public storm drainage system. The owner shall remove and efficiently
carry away all stormwater from all roofs, canopies and paved areas
and collect surface water in all paved areas in such a way that stormwater
does not create a problem for vehicular and pedestrian movement.
(7) Utility service. The owner shall place electric and
telephone lines underground. Locate, paint and undertake any other
treatment to ensure that all utilities which remain above the ground
will have a minimal adverse impact on neighboring properties.
(8) Advertising features. The owner shall ensure that
the size, location, lighting and materials of all permanent signs
and outdoor advertising structures or features will enhance rather
than detract from the design of proposed buildings and structures
and the neighboring properties.
(9) Special features. The owner shall provide needed setbacks,
screen plantings and other screening methods for exposed storage areas,
exposed machinery installations, service areas, truck loading areas,
utility buildings and structures, and similar accessory areas and
structures to help make them compatible with the existing or contemplated
site design and with neighboring properties.
(10)
Solar access. Solar access to buildings should
be considered in the proposed layout of buildings.
(11)
Sound buffering noise of exterior origins. All
portions of buildings which are to be occupied by employees more than
two hours per day shall be constructed so that the noise criterion
for internal noise of exterior origin is Leg (24)S40dB. Prior to issuance
of a building permit and prior to issuance of an occupancy permit,
the design architect, builder or owner must provide a certification
letter to the Township Zoning Administrator indicating the building
compliance with this criterion.
(12)
Buffer yards. Buffer yards shall be required
at specific locations within this district. A one-hundred-fifty-foot-wide
raised berm buffer yard shall be constructed between any proposed
development within this district and any contiguous residentially
zoned district, except where the adjoining property within any contiguous
residentially zoned district is owned by the Lehigh Valley International
Airport Authority. A fifty-foot-wide raised berm buffer yard shall
be constructed along any nonresidential development side and/or rear
yard where the adjoining lot within the AFHBD Zoning District includes
an existing residential use or municipally owned facility. The buffer
yards shall include a landscaped berm and shall comply with the following:
(a)
The buffers shall consist of evergreen and deciduous
trees, flowering trees, shrubs and raised berms.
(b)
One-hundred-fifty-foot buffer yards.
[1]
This buffer yard shall be measured from the
district boundary line or from the near street line where a street
serves as the district boundary line. The buffer yard may not be part
of the street right-of-way but shall be in addition to that right-of-way.
The buffer yard may include the required side or rear yards, and in
case of conflict the larger yard shall apply.
[2]
This buffer yard shall be a landscaped area
free of roads, sidewalks, driveways, parking lots, storage, buildings
and structures of any kind except for emergency access roads or pathways
and/or sidewalks as may be required by Township ordinances or fire
or safety regulations and/or as may be required and/or approved by
the Board of Supervisors.
[3]
The raised berm in the buffer yard shall be
a minimum height of 14 feet measured from existing grade or the finished
first-floor grade of the closest AFHBD building, whichever is higher,
or as otherwise approved by the Board of Supervisors during site or
land development plan review.
[4]
The trees and shrubs shall be planted in the
following minimum amounts per 100 linear feet of buffer, as measured
parallel to the buffer yard:
[5]
The toe of the slope of the berm shall begin,
at a minimum, 25% of the width of the buffer yard away from any residentially
zoned district.
[6]
Berms shall not be constructed within side or
rear yard drainage and utility easements.
[7]
The berm shall have a minimum six-foot flat
area at the top.
(c)
Fifty-foot buffer yards.
[1]
This buffer yard shall be measured from the
property line. The buffer yard may not be part of the street right-of-way
but shall be in addition to that right-of-way. The buffer yard may
include the required side or rear yards, and in case of conflict the
larger yard shall apply. The toe of the slope of the berm shall begin
at a minimum 25% of the width of the buffer yard away from any residence
or municipally owned facility within the AFHBD.
[2]
This buffer yard shall be a landscaped area
free of roads, sidewalks, driveways, parking lots, storage, buildings
and structures of any kind except for emergency access roads or pathways
and/or sidewalks as may be required by Township ordinances or fire
or safety regulations and/or as may be required and/or approved by
the Board of Supervisors.
[3]
The raised berm shall be a minimum average height
of three feet measured from the existing grade or the finished first-floor
grade of the closest AFHBD building, whichever is higher.
[4]
The trees and shrubs shall be planted in the
following minimum amounts per 100 lineal feet of buffer, as measured
parallel to the buffer yard:
[5]
Berms shall not be constructed within side or
rear yard drainage and utility easements.
[6]
The berm shall have a minimum three-foot flat
area at the top.
(d)
Plants shall be arranged on berms to provide
a visual barrier. A minimum of 1/2 of the shrubbery and flowering
trees shall be planted on the residential side of the berm.
(e)
The height of evergreen trees shall be a minimum
of eight feet at the time of planting, measured from finished grade.
The average size of deciduous trees shall be two inches caliper measured
three feet above finished grade, and deciduous trees shall also have
a minimum height of 12 feet at the time of planting. Flowering trees
shall be seven feet high at the time of planting. Shrubs shall be
a minimum of 30 inches in height at the time of planting.
(f)
Berms within the buffer yards shall have a maximum
slope of 3:1.
(g)
Variations in the sizes and shapes of the berms
are strongly encouraged. The unnaturally graded appearance of uniform,
linear mounding shall be avoided. As an alternative to the possibly
linear appearance which could result from the minimum requirements,
applicants are encouraged to provide innovative, freeform screening
buffers which need not be located entirely within the required buffer.
(h)
When abutting property is already effectively
screened by existing topography or vegetation, located on AFHBD property,
the Board of Supervisors may waive the above requirements. Where partial
screening exists, the Board of Supervisors may require additional
planting or berming to supplement the existing screen.
(i)
In all buffer yards, the exterior width beyond
the planting screen shall be planted with grass seed, sod or ground
cover and shall be maintained and kept clean of all debris, rubbish,
weeds, and tall (no more than six inches) grass. All plant material
which dies shall be replaced by the owner.
(13)
Off-street parking regulations. The provisions of §§
185-17 and
185-33C shall apply.
(14)
Off-street loading regulations. The provisions of §§
185-18 and
185-33C shall apply.
(15)
Exterior lighting.
(a)
Plan. Each building site shall have adequate exterior lighting for its intended use, minimizing glare and without creating lighting which would be annoying to other sites and meeting the requirements of §
185-20C(6).
(b)
Color; type. No neon lights and no traveling,
flashing or intermittent lighting of any kind shall be permitted.
(c)
Pole height. All pole-mounted exterior lighting
fixtures shall be on poles no higher than 16 feet unless otherwise
approved by the Board of Supervisors during site plan review, but
in no case shall the exterior lighting fixtures be higher than 16
feet.
(d)
Hours of operation. Except in parking areas
and drives used between the hours of 12:00 midnight and 6:00 a.m.,
full exterior lighting may only be fully operated each night from
dusk until 12:00 midnight and from 6:00 a.m. to dawn. Reasonable levels
of lighting, for security only, may be operated all night.
(e)
Underground wiring. All outside wiring for exterior
lighting shall be installed underground.
(16)
Special building setbacks. No nonresidential
buildings shall be constructed within 100 feet of the property used
for residential purposes at the time of filing of a preliminary plan
application for the approval of such a nonresidential building.
(17)
Special off-street loading area screening requirements.
(a)
Any off-street loading area, truck storage or
outdoor storage area proposed within 200 feet of an existing residentially
used property (if such residential use exists at the time of the application
of a preliminary plan for the approval of such off-street loading
area) shall be totally screened from view from the residentially used
property. This screening shall be accomplished with building orientation
or a solid wall constructed in such a way as to block the entire view
of the vehicles and loading dock areas from all existing residential
dwelling units located on that adjacent residentially used property.
(b)
For all nonresidential development, the site
should be planned to minimize sound and adverse visual impact transfer
between off-street loading and truck storage areas and residential
districts or existing residentially used property.