For the purposes of this chapter, the following
classes of uses are established:
Accessory uses are uses permitted by right provided
said use is shown as an accessory use in the zoning district schedule
for the district in which the accessory use is located or proposed
and the use complies with all other provisions of this chapter, and
further provided that:
A.
The proposed accessory use is customarily associated
with, incidental to or provided with the permitted use existing on
the lot.
B.
The extent, size and intensity of such proposed accessory
use is in keeping with the scale, nature and characteristics of the
permitted use on the lot.
C.
The accessory use shall not be permitted to exist
unless the primary use exists upon the same lot.
[Amended 12-18-1989 by Ord. No. 1657]
D.
The accessory use is not situate in any front yard
or side yard that abuts a street.
[Amended 12-18-1989 by Ord. No. 1657]
It is hereby recognized that certain uses may be necessary to serve the needs and convenience of the Township but which may become inimical to the public health, safety and general welfare by reason of their inherent nature or operation and therefore require special and proper consideration of their effect on existing and probable future conditions and characteristics of the surrounding area. Such uses are hereby declared to be conditional uses and may be permitted upon application to and approval by the Board of Commissioners, which shall give due consideration to the provisions of §§ 27-44 and 27-45 and provided said use is stated as a conditional use in the zoning district schedule for the district in which the use is located.
A.
Within the districts established by this chapter,
there exist, may exist or will exist lots, uses of land, and/or characteristics
of use which were lawful before this chapter was enacted but which
would be prohibited, regulated or restricted under the terms of this
chapter. Inasmuch as these nonconformities are, by definition, alien
to the zoning scheme of the districts created under this chapter,
it is the intent of this chapter to restrict, rather than increase,
such nonconformities.
B.
A use which legally existed at the time of the passage
of this chapter which shall be made nonconforming at the time of the
passage of this chapter may be continued except as otherwise set forth
in this article.
C.
Existing nonconforming uses shall not be enlarged, reconstructed, substituted, moved or structurally altered unless required to do so by law or order or as specified in Subsection D(1); nor shall they be extended or enlarged after passage of this chapter by attachment to a building or premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.
D.
Nonconforming uses are further subject to the following:
(1)
Any nonconforming use may be enlarged or expanded
up to but not more than 25% of its floor or use area as it existed
at the time of passage of the first zoning ordinance adopted by the
Township which created the nonconformity, provided that such enlargement
shall conform to all other regulations of the district in which it
is situate.
(2)
Normal maintenance, repairs and incidental alterations
of a building or other structure containing a nonconforming use are
permitted provided they do not extend the area or volume of space
occupied by the nonconforming use.
(3)
Residential nonconforming uses may be altered in any
way to improve interior livability, provided that no structural alterations
shall be made which would increase the number of dwelling units within
the building.
(4)
A nonconforming use shall not be extended to displace
or replace a conforming use.
(5)
A nonconforming use may be changed into a conforming
use at any time at which its nonconforming status is lost.
(6)
A nonconforming use may be continued but shall not
be changed to another nonconforming use except by special exception
from the Zoning Hearing Board and when all of the following conditions
are met to the satisfaction of the Zoning Hearing Board:
[Amended 12-18-1989 by Ord. No. 1657]
(a)
All of the proposed use is conducted within
a building.
(b)
The building cannot reasonably be modified to
contain a conforming use.
(c)
The proposed nonconforming use is less detrimental
to its neighborhood, surroundings and the 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.
(7)
Buildings or structures, regardless of conformity
or ownership, shall not be combined for the purpose of extending an
existing nonconforming use or for creating a different nonconforming
use.
E.
In the event that any floor area, volume or use of
land of a nonconforming use is voluntarily razed, legally condemned,
structurally changed or destroyed by fire, explosion, flood or other
phenomenon, it may not be restored, reconstructed or used as before
except in strict compliance with the zoning regulations of the zoning
district in which it is situate, unless such restoration, reconstruction
or use commences within six months from the date of the damage and
is brought to completion within a reasonable period of time thereafter.
[Amended 12-18-1989 by Ord. No. 1657]
F.
Termination and abandonment of nonconforming uses
shall be subject to the following:
(1)
Any nonconforming use that is replaced by a conforming
use shall be deemed immediately abandoned and cannot thereafter be
revived.
(2)
A nonconforming use discontinued for a period of 12 consecutive months shall be deemed to have its nonconformity abandoned and cannot thereafter be revived unless the owner thereof can prove to the Board that at least one of the elements as set forth in Subsection F(4) has been met.
[Amended 12-18-1989 by Ord. No. 1657]
(3)
The following shall be deemed to be evidence of the
discontinuance and abandonment of a nonconforming use:
(a)
Removal of any and all furniture, equipment
and machinery.
(b)
Leaving the property to the elements, without
heat, water or property security.
(c)
Use of the property for a conforming use.
(d)
Demolition of the structure.
(e)
Failure to apply for any licenses necessary
to continue such nonconforming use.
(f)
Failure to appeal the denial of a permit to
continue the use.
(4)
A nonconforming use shall not be deemed abandoned
under the following circumstances:
(a)
War and the consequent restrictions imposed
upon the used by a governmental authority, or the entry of the operator
of the nonconforming use into the armed services or the shortage of
materials and supplies necessary for the continued operation of the
nonconforming use.
(b)
Extended inability of the owner to find a tenant
desirous of using the premises despite continuous active attempts
to do so.
(c)
Destruction of the property by natural disaster.
(d)
Cessation of business during a repair of or
to the property, provided that the repair is continuous during the
period of cessation.
Permitted uses are uses permitted by right provided
said use is shown as a permitted use in the zoning district schedule
for the district in which the use is located or proposed and the use
complies with all other provisions of this chapter.
The following uses are expressly prohibited:
A.
A use not listed in a zoning district schedule and not similar as per § 27-63.
[Amended 12-18-1989 by Ord. No. 1657]
B.
A lot, parcel or tract of land used for the open dumping
or burning of trash, garbage, rubbish or other waste products including,
but not limited to, asphalt, concrete and demolition materials.
[Amended 12-18-1989 by Ord. No. 1657]
C.
Notwithstanding any other provision of this chapter,
no use may be made of any land or water within any zoning district
so as to:
(1)
Create electrical interference with navigational signals
or radio communications between aircraft and the Lehigh Valley International
Airport.
[Amended 8-8-2005 by Ord. No. 2578]
(2)
Make it difficult for pilots to distinguish between
airport lights and others.
(3)
Result in glare to pilots using the airport.
(4)
In any way endanger or interfere with the landing,
taking off or maneuvering of aircraft.
D.
The use of a detached accessory building as a dwelling.
E.
Commercial or industrial businesses or uses in R-1,
R-2, R-3, R-4, R-5 and R-6 Zoning Districts, unless otherwise permitted
herein.
F.
Residences in an I, Industrial Zoning District.
[Amended 12-18-1989 by Ord. No. 1657]
G.
The use of a storage trailer as a permanent accessory
structure.
H.
The maintenance or use of an outhouse or cesspool.
I.
Creation or expansion of a salvage yard in a zoning
district other than an I, Industrial zoning district.
[Amended 12-18-1989 by Ord. No. 1657]
K.
Any alteration, construction, conversion, erection,
excavation, extension, placement, reconstruction, repair, replacement
or restoration of any building or structure or any part thereof, or
use or development of land which violates any State or Federal statute,
law, rule, directive or regulation, or violates other Whitehall Township
ordinance, or which interferes with or encroaches upon any wetland
or floodplain, unless otherwise permitted.
[Amended 4-8-1991 by Ord. No. 1729]
L.
The use of a structure in any zoning district as a
juice bar or similar establishment.
[Amended 10-9-2000 by Ord. No. 2264]
M.
Outdoor
commercial cooking operation in any zoning district within 500 feet
of a residential zoning district or a lawfully occupied residence.
[Added 10-11-2021 by Ord. No. 3247]
N.
The use
of any residential or nonresidential property for a short-term rental
without proper authorization under this chapter.
[Added 3-13-2023 by Ord. No. 3298]
[Amended 12-18-1989 by Ord. No. 1657]
The Zoning Hearing Board may, by special exception,
determine that a proposed use is sufficiently similar in character
and impact to that of a listed use to permit the proposed use with
such conditions as the Zoning Hearing Board deems appropriate. No
use which is listed in a use schedule of a zoning district, whether
permitted, accessory, special exception or conditional, shall be considered
as a "similar use" in any other zoning district.
[Amended 12-18-1989 by Ord. No. 1657]
It is hereby recognized that certain uses may be necessary to serve the needs and convenience of the Township but which may become inimical to the public health, safety and general welfare by reason of their inherent nature or operation and therefore require special and proper consideration of their effect on existing and probable future conditions and characteristics of the surrounding area. Such uses are hereby declared to be special exception uses and may be permitted upon application to and approval by the Zoning Hearing Board, which shall give due consideration to the provisions of §§ 27-43 and 27-45 provided said use is stated as a special exception use in the zoning district schedule for the district in which the use is located.
[Amended 12-18-1989 by Ord. No. 1657]
It is hereby recognized that certain uses and
activities which might otherwise be prohibited by this chapter are
nevertheless such that their establishment and operation for a limited
period of time would serve the public interest. For the purposes of
this chapter, such uses are declared to be temporary uses which may
be permitted in any district upon application to and approval by special
exception of the Zoning Hearing Board subject to the following:
A.
The proposed use is of such a nature that at the time
of application that it would not exert a detrimental effect upon the
use of neighboring properties.
B.
The duration of the proposed use shall be established
by specific dates as will, in the judgment of the Board, serve the
intended purpose of the temporary use, but in no case, however, shall
the use be permitted for more than one year from the date of Board
approval. In the event that the temporary use is needed for an additional
time period, an applicant shall submit a request to the Board for
an extension of time. The duration of such extension shall be subject
to the time restrictions as stated hereinbefore.
C.
A temporary use, if permitted shall:
(1)
Conform to all lot coverage and dimensional requirements
of the zoning district in which the temporary use is proposed to be
situate.
(2)
Not be placed in any front or side yard.
(3)
Not interfere with traffic visibility.
(4)
Not occupy designated parking, driveway or access
areas.
(5)
Not obstruct traffic flow on, in, into or out of the
lot upon which the use is situate.
(6)
Not exceed 35 feet in height, unless such use is otherwise
permitted to be 45 feet elsewhere in this chapter.
D.
The property owner shall restore the site upon which
the temporary use was situate to its original condition or to a condition
that complies with the requirements of this chapter. The Township
Engineer shall determine if restoration is complete, adequate and
sufficient for its intended purpose.
