Township of Whitehall, PA
Lehigh County
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Table of Contents
Table of Contents
The following regulations shall be applicable to all buildings, structures, uses and lots wherever situate.
[Amended 12-18-1989 by Ord. No. 1657; 6-10-1992 by Ord. No. 1769; 2-12-1996 by Ord. No. 1959]
The following regulations shall apply to any and all accessory uses, buildings and structures wherever situate.
A. 
Accessory buildings or structures are buildings and structures permitted by right provided said building or structure is shown as an accessory building or structure or contains an accessory use which is shown in the zoning schedule for the district in which the accessory building, structure or use is proposed or located and the building, structure and use complies with all other provisions of this chapter and further provided that:
(1) 
The proposed accessory building or structure is customarily associated with, incidental to or provided with the permitted use, building or structure existing upon the lot.
(2) 
The extent and size of such proposed accessory building or structure is in keeping with the scale, nature and characteristic of the permitted use on the lot.
(3) 
The accessory building or structure shall not be permitted to exist unless the primary building, use or structure exists on the same lot.
B. 
Accessory uses, buildings and structures shall conform to the front yard setbacks of the primary use, building or structure situate upon the lot.
C. 
Buildings or structures attached to or which form an integral part of a primary building or structure and utilized for an accessory use shall not be considered as an accessory building or structure but shall be considered as part of the building or structure to which it is attached and shall meet the same setbacks as the principal building or structure.
D. 
Accessory buildings, structures or uses shall not be located in any front yard area.
[Amended 4-9-2001 by Ord. No. 2303]
E. 
Detached accessory buildings or structures shall be:
[Amended 4-9-2001 by Ord. No. 2303]
(1) 
For residential uses situated within the rear or side yard areas, and must not be less than three feet from all property lines and six feet from any alley right-of-way.
(2) 
For commercial or industrial uses situated within the rear or side yard areas, and must not be less than 10 feet from all property lines and 20 feet from any alley right-of-way. As well, any structure which contains both residential and commercial uses shall be required to adhere to this section.
F. 
Porches, patios, decks and similar structures which are attached to the principal structure with or without roofs, but not enclosed, may be permitted within the rear and side yard areas, provided, however, that same shall not exceed 1/3 of the rear yard setback requirements of the district in which the property is situated, or shall not be located closer than 10 feet to the rear property line, whichever is greater; provided further, that no enclosing of same shall be permitted unless the original porch, patio, deck or similar structure meets the same district setback requirements as the principal structure.
[Amended 4-9-2001 by Ord. No. 2303]
G. 
Detached accessory buildings located on a lot of less than one acre in residential zones, or on properties being used for residential purposes, shall be limited to a height of 22 feet and shall not exceed 1,200 square feet or the square foot perimeter of the primary structure, including enclosed porches, whichever is smaller. This restriction shall not apply to structures which are to be actively used on a working farm for storage of crops, animal husbandry purposes or for equipment storage of farm machinery.
H. 
A special exception may be granted by the Zoning Hearing Board for detached accessory buildings larger than permitted in Subsection G above in residential zones or for properties being used for residential purposes, provided that it is found that said structures does not alter the character of the surrounding neighborhood.
[Amended 12-18-1989 by Ord. No. 1657; 5-11-1992 by Ord. No. 1765; 10-13-1997 by Ord. No. 2045; 11-9-1998 by Ord. No. 2118; 3-13-2000 by Ord. No. 2222; 9-10-2001 by Ord. No. 2333]
A. 
Satellite earth station dishes. In the interests of the health, safety and welfare of the residents of the Township and the aesthetic interests of the community, satellite earth station dishes, including those which are two meters or less in diameter, unless subject to the provisions of Subsection B of this section, shall be designed, maintained or used in accord with the following provisions:
(1) 
No person shall construct, erect or install a satellite earth station dish without first obtaining a building permit therefor from the Zoning Officer. An occupant, renter or co-owner shall acquire the written permission of all owners of the lot, parcel or tract of land prior to installation or construction of the satellite earth station dish;
(2) 
The applicant shall submit a written application upon forms provided by the Zoning Officer and shall also submit:
(a) 
A plot plan of the property or parcel of land showing the exact location of the proposed satellite earth station dish and all other structures on the subject property;
(b) 
A description of the kind of satellite earth station dish propose; and
(c) 
Plans showing specifications and elevations of the proposed satellite earth station dish, including footings, dead load (plus ice load), wind load (uplift), specifications and sufficient detail showing the method of assembly and construction, erection or installation.
(3) 
The application shall include all names of the owners of the subject property, the occupant of the subject property and the contractor or other person proposed to construct, erect or install the proposed satellite earth station dish;
(4) 
The Zoning Officer, or his/her appropriate designee, may issue the building permit, provided the applicant has met all of the requirements of this section;
(5) 
All satellite earth station dishes constructed, erected or installed pursuant to a permit hereunder shall conform to the following requirements:
(a) 
No satellite earth station dish shall be located in the front yard of a lot or in the street side yard of a corner lot;
(b) 
All satellite earth station dishes shall conform to the setback and height requirements for the zoning district in which the satellite earth station dish is situate or proposed;
(c) 
No satellite earth station dish greater than two meters in diameter shall be constructed shall be constructed on top of the roof of a structure, except in C-1, C-2, C-2A, OP, OS-2 and Industrial Zones;
(d) 
All satellite earth station dishes shall conform to and be installed pursuant to the regulations found in the prevailing Township Building and Electrical Codes;
(e) 
A satellite earth station dish may not be placed in a rear yard on a trial basis without first securing a building permit; and
(f) 
All satellite earth station dishes shall be subject to periodic inspection by the Zoning Officer or Building Inspector, or their designated agents, to determine compliance with the provisions of this section regulating such earth station satellite dishes.
B. 
Antennae designed to receive direct broadcast satellite service. In the interests of the health, safety and welfare of the residents of the Township, antennae that are designed to receive direct broadcast satellite service, including direct-to-home satellite services, and that are one meter or less in diameter; antennae that are designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services and local multipoint distribution services and that are one meter or less in diameter or diagonal measurement or antennae that are designed to receive television broadcast signals, shall be permitted in all zoning districts and shall conform to the following:
(1) 
All antennae shall meet the yard requirements of the primary permitted use; guy wires and anchors may not be located within any front or side yards.
(2) 
The distance between an antennae and a high voltage power line shall be no less than 125% of the height of the antennae.
(3) 
No antennae shall be located in a Clear Sight Triangle, as provided in § 27-91 hereof.
(4) 
No antenna shall obstruct fire exits and access to and egress from or visibility of fire exits.
(5) 
All antennae referenced in this Subsection B, including masts, shall conform to the antennae height and installation restrictions provided in the Township Buildings, Electrical and Property Maintenance Codes [Chapter 5], as amended from time to time.
C. 
Wireless telecommunications towers and antennae.
(1) 
The purposes of this subsection are to:
(a) 
Establish and provide general guidelines for the siting, development and installation of new wireless communications towers and antennae.
(b) 
Protect and promote public health, safety and the general welfare of the community while ensuring that new communications towers will be safe and be placed in suitable locations and, at the same time, not unduly restricting the development of needed telecommunications facilities.
(c) 
Ensure that Township land use regulations are in compliance with the Federal Telecommunications Act of 1996.
(d) 
Protect residential areas and land uses from potential adverse impacts of towers and antennae.
(e) 
Encourage the location of towers in nonresidential areas.
(f) 
Minimize the total number of towers throughout the community.
(g) 
Encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers.
(h) 
Encourage the use of alternative support structures, co-locations of new antennae on existing communications towers, camouflaged towers, monopoles and construction of towers with the ability to locate three or more providers.
(i) 
Encourage users of towers and antennae to locate them, to the extent possible, in areas where the adverse impact on the community is minimal.
(j) 
Provide requirements necessary for obtaining approval to site and construct communications towers and antennae while at the same time protecting the legitimate interests of the Township's citizens.
(k) 
Protect environmentally sensitive areas of the Township by regulating the location, design and operations of telecommunications facilities.
(l) 
Encourage users of towers and antennae to configure them in a way that minimizes the adverse visual impact of the towers, antennae and related facilities through careful design and siting standards, landscape screening and innovative camouflaging techniques.
(m) 
Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently.
(n) 
Consider the public health and safety of communication towers.
(o) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures.
(p) 
Maintain and ensure that a nondiscriminatory, competitive and broad range of telecommunications services and high-quality telecommunications infrastructure consistent with the Federal Telecommunications Act of 1996 are provided to serve the community, as well as serve as an important and effective part of the Township's emergency services network.
(2) 
In furtherance of these goals, the Township shall give due consideration to the Township's Comprehensive Plan, Zoning Map, existing land uses and environmentally sensitive areas in approving sites for the location of towers and antennae.
(3) 
All new towers or antennae in the Township, as well as new co-locations on existing towers, shall be subject to these regulations.
(4) 
For the purposes of implementing this Subsection C, an AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the tower's guy wires, if any, included in the AM array. Additional tower units may be added within the perimeter of the tower's guy wires by right upon securing land development pursuant to Chapter 22, Subdivision and Land Development.
(5) 
General requirements.
(a) 
Antennae and towers shall be considered special exception uses, pursuant to § 27-64 of this chapter, and shall be subject to these regulations, except any tower or any antenna that is under 75 feet in height and is owned and operated by a federally licensed amateur radio station operation; or issued exclusively for receive-only antennae, or is subject to the provisions of Subsections A and B of this section; are intended for municipal use; or are located or proposed to be located on property owned, leased, or otherwise controlled by the Township; provided that a license or lease authorizing such antennae or tower has been approved by the Township, in which case the tower, antennae or similar structure shall be considered a permitted use. Furthermore, if the tower is a publicly owned facility and is in the interest of public safety, the height, setback and screening requirements stated herein shall not apply.
[Amended 7-12-2004 by Ord. No. 2493]
(b) 
Commercial communications towers and/or communications antennae and related appurtenances shall not be permitted or co-located in any R-1, R-2, R-3, R-3A, R-4, R-5, R-5A, R-6 and OS-1 Zoning District. Communications towers, antennae, and related appurtenances shall not be permitted on any residential structure, residentially used structure or any residential accessory structure.
[Amended 11-10-2008 by Ord. No. 2748]
(c) 
Setbacks. Communications towers attached to the ground shall:
[1] 
Have their foundation and base set back a minimum distance equal to 125% of the height of the communication tower from all property lines.
[2] 
Take setback measurements from the dimensions of the entire lot, even though the tower may be located on leased parcels within such lot. As well, all other dimensional requirements shall be based on the entire lot, and be in compliance with district regulations that govern the site.
[3] 
For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities in the Township, irrespective of municipal and county jurisdictional boundaries.
[4] 
Guy wire anchors, if used, shall be set back a minimum of 40 feet from any lot line.
[5] 
If additional towers are present on the same lot, the distance from the base of the proposed tower to the base of the nearest tower, if it is self-supporting, or the nearest guy anchor of a non-self-supporting tower, shall not be less than the full height of the tallest tower.
(d) 
Accessory structures. The following regulations shall apply to all proposed accessory facilities for this use:
[1] 
A single accessory facility containing equipment and control devices for the continuing operation of the tower may be located on the lot.
[2] 
No building or facility may be used as an office or as a broadcast studio. No building or facility may be used for long-term vehicle storage or for other outdoor storage.
[3] 
No onsite employees shall be permitted to utilize any accessory facility as an office. Employees are permitted to visit the site as often as necessary for maintenance and inspection of the tower and its accessory uses.
[4] 
Towers shall be enclosed by security fencing which is not less than six feet in height and equipped with an appropriate anti-climbing device; provided, however, that the Zoning Hearing Board may waive such requirements, as it deems appropriate.
[5] 
A minimum of two paved off-street parking spaces per tower shall be required, as well as a paved access drive.
[6] 
Equipment storage buildings or cabinets shall comply with all applicable building codes.
[7] 
Equipment storage buildings or cabinets shall meet all setback lot, coverage and yard requirements of the zoning district in which it is located.
[8] 
If more than one antennae is to be located on a tower, all equipment must be housed in one building.
(e) 
Lighting. Any proposed tower/antennae lighting shall conform to the following:
[1] 
Lighting shall only be installed on a tower if it is required by the FAA or any other governmental agency having jurisdiction. Only the minimum lighting necessary to meet governmental requirements shall be permitted.
[2] 
If strobe lights or flashing mechanisms are not required, then such lighting shall not be permitted.
[3] 
Accessory facilities may be lighted for security or for maintenance purposes. Any such lighting shall be shielded and no lights shall be emitted upward or spill over onto adjacent properties.
[4] 
Upward lighting shall be permitted only on a temporary basis as may be required for emergency tower repair or maintenance.
[5] 
All lighting of parking lot and accessory structures shall conform to § 27-103 of this chapter.
(f) 
Buffers, landscaping and visual impact requirements.
[1] 
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 be camouflaged to reduce visual obtrusiveness.
[2] 
If the proposed tower is less than 200 feet high, and is exempt from special FAA marking requirements, the tower shall be painted silver above the tree line level and green below the tree line level.
[3] 
Accessory buildings and structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will serve to camouflage or blend them into the natural setting and surrounding buildings.
[4] 
If antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must 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 camouflaged and unobtrusive as possible.
[5] 
Tower facilities shall be landscaped with a buffer of plant materials that effectively screen the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four feet wide outside the perimeter of the compound.
[6] 
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, natural growth around the property may be sufficient barrier, as determined by the Zoning Hearing Board.
[7] 
The equipment structure or cabinet shall be screened by a solid fence of at least six feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least 48 inches.
(g) 
No signs shall be permitted on an antenna, tower or accessory structures thereto.
(h) 
All towers must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the State or Federal government with the authority to regulate such towers and antennae. If such standards and regulations are changed, then the owners of the towers and antennae governed hereby shall bring such towers and antennae into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennae into compliance with such revised standards and regulations shall constitute grounds for removal of the tower or antennae at the owners' expense.
(i) 
To ensure the structural integrity of towers and antennae, the owner of a tower or antenna shall ensure that it is maintained in compliance with standards contained in applicable State and Township building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Township concludes that a tower or antenna fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower or antennae, the owner shall have 30 days to bring such tower or antenna into compliance with such standards. Failure to bring such tower or antenna into compliance within said 30 days shall constitute grounds for the removal of the tower or antenna at the owner's expense.
(j) 
All new towers permitted after the effective date of this section must be engineered to accommodate additional new users.
(6) 
Application requirements, new towers. An application for permission to erect a new tower or antenna in the Township shall include:
(a) 
A copy of applicant's FCC construction permit (for broadcast use) or FCC station license (for other uses).
(b) 
A detailed site plan drawn to scale and identifying the site boundary; the proposed tower and any existing towers; guy wire anchors; existing and proposed structures; existing vegetation to be retained, removed or replaced and uses, structures and land use designations on the site and abutting parcels.
(c) 
A technical description of the facility to include:
[1] 
A description of the tower and the technical and other design factors of the tower.
[2] 
A description of the capacity of the tower, including the number and types of antennas that it can accommodate.
(d) 
A statement from the FCC, FAA and State Aeronautics Division that the proposed tower complies with applicable regulations or that the tower is exempt from those regulations.
(e) 
An intermodulation analysis certified by a professional communications engineer, which demonstrates that the proposed new equipment will not cause undue RF interference to existing towers or transmitting facilities or communications service reception by other property owners. The applicant shall be responsible to resolve all instances of interference caused by the actual operation of the tower that occurs after its installation.
(f) 
Each applicant for an antenna and/or tower shall provide to the Zoning Officer an inventory of its existing towers, antennae or sites approved for towers or antennae, that are either within the jurisdiction of the Township or within one mile of the border thereof, including the specific information about the location, height and design of each tower. The Zoning Officer may share such information with other applicants applying for special exception use permits under this section or other organizations seeking to locate antennae within the jurisdiction of the 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.
(g) 
An applicant shall be required to undertake a visual impact analysis on any proposed tower or any proposed modification to an existing tower which causes said tower to exceed 30 feet in height from its original permitted height. The visual impact analysis shall assess the cumulative impacts of the proposed facility and other existing and foreseeable communications towers in the area, and shall identify and include all feasible mitigation measures necessary to mitigate any negative visual impact by the proposed tower. Mitigation measures should be consistent with the technological requirements of the applicant. Further, a tower or antenna shall meet aesthetics requirements as detailed herein. All costs for the visual impact analysis, and applicable administrative costs, shall be borne by the applicant.
[1] 
The visual impact analysis shall include the following:
[a] 
A photograph simulation of pre-development versus post-development views from key viewpoints, as established by the Township, both inside and outside of the Township;
[b] 
An analysis of alternative tower structure design and color schemes;
[c] 
An analysis of the visual impact of the tower base, accessory building and overhead utility lines from abutting properties and streets.
[d] 
At the discretion of the Township, an additional simulation of the tower's visual impact shall be provided by erecting a mechanical construction crane to the proposed height of the tower at the proposed project site. Such height shall be limited to 130 feet, however. The applicant shall allow the viewing of the crane simulation by the appropriate Township officials and interested parties at a reasonable day and time as established by the Township.
[2] 
The Township shall review and consider all information presented in the report. Measures necessary to mitigate any negative visual impact created by the proposed tower shall be provided and implemented as required by the Township.
(h) 
Applicant shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Township have been obtained and shall file a copy of all required franchises with the Zoning Officer.
(i) 
Airport coordination. The applicant for a proposed communications tower or antenna, located within a five mile radius of an existing airport, shall notify the airport of its intent to place such structure(s). Any comments received from the airport shall be considered by the Township in the processing of the application for the proposed communications tower or antenna.
(j) 
The applicant shall demonstrate that all National Environmental Police Act (NEPA) requirements, where applicable, for any proposed communications tower and/or antenna facilities have been met. The applicant shall notify the Township at least 30 days prior to any hearing or consideration of the EA report by the FCC. The applicant shall provide to the Township any and all documentation demonstrating how any negative impact on the features noted below will be mitigated. A copy of the NEPA required Environmental Assessment (EA) report shall be submitted when the proposed communications tower and/or antenna falls into one or more of the following categories:
[1] 
Facilities that are to be located in an officially designated wilderness area;
[2] 
Facilities that are to be located in an official designated wildlife preserve;
[3] 
Facilities that may affect listed threatened or endangered species or designated critical habitats;
[4] 
Facilities that are likely to jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the destruction or adverse modification of proposed critical habitats, as determined by the Secretary of the Interior pursuant to the Endangered Species Act of 1973;
[5] 
Facilities that may affect districts, sites, buildings, structures or objects, significant in American history, architecture, archaeology, engineering or culture, that are listed, or are eligible for listing in the National Register of Historic Places;
[6] 
Facilities that may affect a Native American religious site;
[7] 
Facilities whose construction will involve significant change to surface features including, but not limited to, wetlands, deforestation or water diversion;
[8] 
Facilities located within a floodplain.
(k) 
Any applicant for a proposed communications tower and/or antenna site exceeding FCC standards regarding human exposure to electromagnetic or radio frequency radiation shall submit to the Township a copy of the Environmental Assessment report required under NEPA prior to submitting to the FCC for its consideration.
(l) 
Documentation of FAA approval shall be provided for communication towers or antennae exceeding 200 feet in height. Communication towers or antennae less than 200 feet in height shall meet the requirements of 14 C.F.R. Part 77.13(a), as amended.
(m) 
Documentation shall be provided that the communications company is licensed by the FCC, and for the proposed communication tower or antenna.
(n) 
Documentation demonstrating that the proposed communications tower or antenna complies with all applicable standards established by the FCC governing human exposure to electromagnetic or radio frequency radiation shall be provided within 90 days of the facility becoming operational. Such documentation shall then be provided to the Township on an annual basis from the date the facility becomes operational. The Township may secure the services of a qualified independent radio frequency engineer to review the documentation and conduct tests as necessary to verify said documentation. The engineer shall state in a written report that the radio frequency radiation measurements are accurate and either conform or not to any and all FCC standards. Should the facility not meet FCC standards, the Township shall make a formal complaint, in writing, to the FCC. The applicant shall be copied on any complaint filed with the FCC by the Township.
(o) 
Equipment shelters. Information shall be provided detailing the contents of the proposed equipment shelter servicing the proposed communications tower and/or antenna. The information shall include, but not be limited to, the type and quantity of oil, gasoline, batteries, propane, natural gas or any other fuel stored within the shelter. Information shall also be submitted which demonstrates that any hazardous materials stored on site including, but not limited to, fuel sources, shall be housed to minimize the potential for any adverse impact on adjacent land uses. "Material Safety Data Sheets" for any hazardous material stored or utilized in the equipment shelter shall be submitted to the Township. The use of fuels and hazardous material shall also be consistent with any Township requirements regarding the same.
(p) 
All applicants requesting permission to erect a new tower in the Township must demonstrate that existing towers within a one mile radius of the proposed tower cannot accommodate the applicant's proposed operation. Documentation must be provided to show that the applicant has contacted by certified mail, return receipt requested, all tower owners within a one mile radius of the proposed tower and that each of these towers cannot support the new proposed equipment. The Zoning Hearing Board may deny the application to erect a new tower if the applicant has not made a good faith effort to determine the suitability of existing towers.
(q) 
A wind-loading analysis, certified by a licensed professional communications engineer or licensed professional civil/structural engineer, which demonstrates that the proposed telecommunications equipment will exceed the structural capacity of any existing towers owned by the applicant, and that the existing tower whose structural capacity would be exceeded by the applicant's proposed equipment cannot be structurally reinforced to accommodate the applicant's proposed equipment at a reasonable cost.
(7) 
Application requirements; addition of new antenna onto existing tower/structure. (Including co-location) Prior to the installation of an antenna on an existing tower, an application for special exception use shall be filed with the Township. The application for such approval shall include:
(a) 
A wind-loading analysis, certified by a licensed professional communications engineer or a licensed professional civil/structural engineer, which demonstrates that the proposed equipment will not exceed the structural capacity of the existing tower.
(b) 
An intermodulation analysis which demonstrates that the proposed transmitting facility will not cause RF interference to any existing communications services (including, but not limited to, other towers or transmitting facilities, communication services reception by other property owners, etc.) in accordance with the FCC requirements for the applicant's class of operation. The applicant shall be responsible to resolve all instances of interference caused by the actual operation of the tower, and any additional antennas, after installation.
(c) 
Information demonstrating that the RMS field intensity of EMR from the applicant's tower (with all existing and proposed antennas) measured at the nearest point on the boundary of applicant's site from the proposed antenna will not exceed the level allowed under applicable ANSI standards, as amended.
(8) 
Removal of abandoned antennae and towers. Any antenna or tower that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna or tower or the property owner on whose property this structure is located shall dismantle and remove the same within 90 days of receipt of notice from the Township. Failure to remove an abandoned antenna or tower within said 90 days shall be grounds for the Township to remove the tower or antenna at the owner's and property owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.
(9) 
Nonconforming uses.
(a) 
Towers that are constructed, and antennae that are installed, in accordance with the provisions of this subsection shall not be deemed to constitute the expansion of a nonconforming use or structure.
(b) 
Preexisting towers shall be allowed to continue their usage 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 section.
The maximum number of connected single-family attached dwellings permitted in any zoning district is six.
[Amended 12-18-1989 by Ord. No. 1657; 11-9-1992 by Ord. No. 1792; by Ord. No. 2141; 3-13-2000 by Ord. No. 2220]
A. 
All automotive service stations, public garages, public parking areas and car washes, wherever situate or proposed, shall:
(1) 
Conduct any and all services upon the premises.
(2) 
Be situate on lots having a minimum lot area of 22,000 square feet.
[Amended 8-8-2005 by Ord. No. 2578]
(3) 
Have a minimum of 150 feet of frontage on the principal street serving the use.
(4) 
Not place any gasoline pump, oil pump, air or water hose stand within 35 feet of any street right-of-way or property line.
(5) 
Not place any gasoline pump, oil pump, air and water hose stand within 65 feet of any residential zoning district.
(6) 
Not permit any outdoor storage of display of any item except for the display of merchandise for retail sale and then only during the hours of operation.
(7) 
Not permit or use lighting of any type unless said lighting is shielded so as not to interfere with any residential district and complies with the glare provisions specified in § 27-103.
(8) 
Not permit the outdoor parking or storing of damaged or junked motor vehicles or parts thereof upon the premises for more than 72 hours.
(9) 
Not have an entrance closer than 200 feet to an entrance of a school, church, theater, hospital, public park, playground or fire station. Said measurement shall be taken as the shortest distance between such entrances across the street if the entrances are on opposite sides of the street and along the street frontage if both entrances are on the same side of the street or within the same block.
B. 
All minimarkets, as defined by this chapter, shall conform to the following:
(1) 
Said uses shall be permitted only in C-2, Regional/Community Commercial zones and C-2A, Local/Community. Commercial zones and by special exception in C-1, Neighborhood Commercial zones.
(2) 
Shall have a minimum lot frontage of 150 feet on the principal street serving such use.
(3) 
Shall be situate on lots having a minimum lot area of 22,000 square feet.
(4) 
Shall not have an entrance closer than 200 feet to an entrance of a school, church, theater, hospital, public park, playground or fire station. Said measurement shall be taken as the shortest distance between such entrances across the street if the entrances are on opposite sides of the street and along the street frontage if both entrances are on the same side of the street or within the same block.
(5) 
Said uses shall not place any gasoline pump, oil pump, air or water hose stand within 35 feet of any street right-of-way line or property line.
(6) 
If said use is adjacent to an existing residence or a residential zoning district, a 50 foot buffer zone will be required where site abuts the residential zone or existing residence.
(7) 
Retail, service, drive-through and food service uses are permitted as accessory uses within the same structure, provided that adequate parking facilities be provided in the proper amount based upon the seating proposed or square footage of retail area.
(8) 
Any parking area or outdoor lighting shall comply with all glare provisions contained in § 27-103 of this article.
(9) 
Parking or storage of any damaged, unlicensed or junked motor vehicle upon the premises is prohibited.
C. 
All access drives shall conform to the provisions found in Article X.
D. 
In all areas of this section, all references to "pumps" shall also mean "dispenser."
[Amended 11-9-1992 by Ord. No. 1791]
A. 
Beauty/barber shop shall meet all applicable State regulations regarding same.
B. 
The beauty/barber shop must be a single beautician/barber facility.
A. 
Buffer strips shall:
[Amended 4-8-1991 by Ord. No. 1729]
(1) 
Be 75 feet wide for any newly developed or expanded industrial use when such use is abutting a residential zoning district or an existing residence.
(2) 
Be 75 feet wide for any newly developed or expanded nonresidential use in a § 27-80C(2), C-2 Regional/Community Commercial Zoning District, when such a use is abutting any residential zoning district; the buffer strip shall be 25 feet wide when abutting an existing residence in any nonresidential zoning district.
(3) 
Be 75 feet wide in the § 27-82, Office Park Zone, and the § 27-79, C-2A Local Commercial Zone, for any newly developed or expanded nonresidential use, where such nonresidential use is abutting either a residential zoning district or an existing residence; except that the buffer strips for the following specific uses may be only 25 feet wide. If a use is not specifically listed below under this subsection, then the buffer strip for that use shall be 75 feet wide, except in accordance with a variance which shall be obtained from the Zoning Hearing Board pursuant to § 27-42, Variances, of this chapter:
(a) 
For uses permitted as of right:
[1] 
Agriculture.
[2] 
Bank/financial institution.
[3] 
Barber/beauty shops.
[4] 
Bed-and-breakfast establishments.
[5] 
Cemeteries.
[6] 
Churches or related facilities.
[7] 
Conservation areas and uses.
[8] 
Day-care centers.
[9] 
Educational institutions.
[10] 
Fish and wildlife refuges.
[11] 
Florist shops.
[12] 
Funeral homes.
[13] 
Greenhouses.
[14] 
Laundromats.
[15] 
Municipal uses.
[16] 
Nature preserves.
[17] 
Schools.
[18] 
Single-family detached residential dwelling.
[19] 
Support infrastructure: substations, pumping stations, bus stop shelters.
(b) 
For the following accessory uses, permitted by right:
[1] 
Any use customarily associated with, incidental to or provided with a permitted use.
[2] 
Garages (private).
[3] 
Greenhouses (noncommercial).
[4] 
Home occupations.
[5] 
Satellite earth station dishes.
[6] 
Sheds.
[7] 
Support infrastructure — substations, pumping stations, bus stop shelters.
[8] 
Swimming pools (private).
(c) 
For the following conditional uses:
[1] 
Forestry.
[2] 
Grocery store/meat market less than 5,000 sq. ft.
[3] 
One apartment in commercial structure.
[4] 
Outdoor recreation facility.
[5] 
Rooming or boarding homes, community living arrangement.
[6] 
Single-family attached dwellings.
[7] 
Single-family semidetached dwellings.
(4) 
Be 25 feet wide in all zoning districts, other than those zoning districts and uses which are set forth above in § 27-89, Buffer strips and screening, for newly developed or expended nonresidential use, where such nonresidential use is abutting either a residential zoning district or an existing residence.
(5) 
Be appropriately screened as hereinafter provided.
(6) 
Be free from any and all buildings, structures, signs, driveways, parking areas, outdoor storage areas, stormwater detention and retention basins, recreation facilities and activity areas.
[Amended 12-18-1989 by Ord. No. 1657]
(7) 
Be planted with grass seed, sod or groundcover.
(8) 
Be maintained and kept clean of all debris, rubbish, grass or weeds more than 15 inches in height.
B. 
Screening, as required by this subsection, shall be regulated as follows:
(1) 
Screening shall consist of a fence or dense plant material such as trees or shrubs and shall extend the full length of the lot line which must be screened.
(2) 
Screening shall consist of a plant material, such plant material shall be of such species and size as will produce within three years of planting, a complete visual screen of at least six feet in height.
(3) 
Plant screening shall be so placed that at maturity it will be no closer than three feet from any street right-of-way or property line.
(4) 
When the screen is a fence, such fence shall not be less than six feet in height and shall be placed no closer than one foot to a property line.
(5) 
All screening, of whatever nature, shall be permanently maintained. Dying or dead plant material shall be removed and replaced immediately.
(6) 
By special exception, fences may be placed closer than one foot to a property line or street right-of-way.
[Amended 9-10-2002 by Ord. No. 2377]
The maximum height of any building or structure shall be 35 feet above finished grade, except as noted herein:
A. 
In OP, Office Park and I, Industrial Zoning Districts, the height of a building may be increased to a height equal to the distance that such a portion of a building is set back from all lot lines, up to a maximum height of 60 feet or five stories, whichever is less. Therefore, for example, a portion of a building that is set back 60 feet from all lot lines may have a maximum height of 60 feet; subject to the following special exception use conditions:
(1) 
No such height increase shall be permitted when the proposed building or structure is:
(a) 
In OP, Office Park and I, Industrial Districts: within 200 feet of a residential zoning district or residentially used structure.
(2) 
Any structure proposed to exceed 35 feet in height shall be protected by an automatic fire suppression system approved as appropriate for the structure and proposed use.
(3) 
Any structure proposed to exceed 35 feet shall be surrounded with appropriate perimeter footing of clear space, which shall contain no trees, heavy brush nor landscaping mulch. The required clear space shall be as determined by the Fire Chief, depending upon the use and occupancy of the structure and the actual height proposed.
B. 
The maximum height of all accessory buildings shall be 22 feet, and the height of fencing shall be in accordance § 27-96 of this chapter.
C. 
Exceptions.
(1) 
The height limitations of this section shall not apply to spires or steeples of places of worship, belfries, cupolas and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, bulkheads, elevator equipment rooms, similar features and necessary mechanical appurtenances that customarily extend above roof level. Such features, however, shall not conflict with special height limitations regarding airport approaches.
(2) 
The height limitations of this section shall not apply to permitted communications towers and antennas; instead, the provisions of § 27-85 regarding these uses shall apply.
[Amended 12-18-1989 by Ord. No. 1657]
(See definition, § 27-194) Clear site distance at intersections shall conform to the following schedule:
A. 
Public, local street: 75 feet
B. 
If one intersecting street is a collector street: 100 feet
C. 
If one intersecting street is an arterial street: 150 feet
[Amended 4-8-1991 by Ord. No. 1729]
Commercial vehicles (as defined in § 27-194A), whether or not licensed, shall not be parked, stored, housed, repaired, reconstructed or repainted upon any lot, parcel or tract of land situate in any R-1, R-2, R-3, R-3A, R-4, R-5, R-5A or R-6 Zoning District unless the primary use of the lot, parcel or tract of land is agriculture, a cemetery or used for municipal purposes, or the lot, parcel or tract of land is under construction or development. For purposes of this definition, a lot, parcel or tract of land shall not be considered to be "under construction or development" unless either a building, plumbing, electrical or other construction permit has been issued or approved by the Township or either a subdivision or land development plan has been approved by the Board of Commissioners, for the construction or development and for which construction or development the commercial vehicle is necessary and actually used.
[Amended 12-18-1989 by Ord. No. 1657]
Density per acre shall be proportionately determined according to the lot size, any fractions shall be rounded down to the lowest whole number, i.e., eight dwellings per acre, four dwellings per 1/2 acre, two dwellings per quarter acre. For multifamily dwelling units, including townhouses, condominiums and apartments, density shall not exceed eight dwelling units per gross acre.
[Amended 12-18-1989 by Ord. No. 1657]
Emergency accesses shall be provided by way of streets, alleys or sidewalks, either paved or concrete, at the front and rear of all buildings which have a width exceeding 250 feet. Such emergency accesses shall not be located more than 200 feet from the building it services.
[Amended 4-8-1991 by Ord. No. 1729]
Excavations which produce a vertical drop in excess of four feet, have slopes at the edges which are greater than 45° from the horizontal and which are not performed in the furtherance of approved land development, but are instead permanent excavations, borrow pits, quarries, soil and clay fill sources, sand sources or similar purpose other than a coal mine, shall be deemed "quarries" and shall be regulated by the provisions of § 27-133, Quarry and mining operations, of this chapter.
A. 
No fence, wall or similar structure shall be erected without first obtaining a building permit from the Zoning Officer, pursuant to Article IV, Permits.
B. 
Fences and walls may be located in any front, rear or side yard provided that no fence or wall shall be situate closer than 12 inches to any sidewalk or right-of-way which is open for use by the general public, or closer than 12 inches to any property line. No fence or wall structure may be constructed which constitutes an obstruction within the clear sight triangle, as defined herein. Fences and similar structures may be erected as a common barrier between adjacent properties only upon all of the following conditions having been met and agreed upon by both property owners:
[Amended 5-9-2005 by Ord. No. 2559]
(1) 
The common boundary(ies) must be surveyed and field marked by a professional land surveyor, and this surveyed boundary agreed upon by both parties and the surveyed line shall not deviate from the record boundary line;
(2) 
The apportionment of cost for the erection and maintenance of said fence must be agreed upon by all affected parties; and
(3) 
All affected parties must agree and acknowledge that the erection of such fence may affect the owners' property rights under doctrines such as a consentable line; estoppel; and agreement.
(4) 
A document must be recorded in the Lehigh County Recorder of Deeds office reflecting, at a minimum, a record drawing indicating the line as marked, bearing the seal of a registered professional surveyor. Subsection B(1), (2) and (3) above shall be spelled out with sufficient specificity as to identify all parties affected, with such agreement being indexed against all affected properties, and authority to erect such fence being withheld by Whitehall Township until a copy of such said agreement, including the survey, and proof of recording is furnished to the Zoning Officer of Whitehall Township.
C. 
Fences, walls or similar structures shall not have a height exceeding:
(1) 
Six feet.
(2) 
Eight feet, if located in the rear yard of a lot situate in a nonresidential zoning district and the fence is constructed of chain link.
[Amended 12-18-1989 by Ord. No. 1657]
(3) 
Six feet above the grade (retained side) of the adjacent ground, if a retaining wall.
(4) 
Two feet near or at an intersection and situate within a clear sight triangle.
D. 
The following fences, walls, similar structures or fencing and wall materials shall be prohibited:
(1) 
Barbed wire.
(a) 
When the fence, wall or similar structure is located in a residential zoning district.
(b) 
When the barbed wire would be located less than six feet above grade.
(c) 
When the barbed wire would extend beyond the exterior facade of the fence, wall or similar structure.
(2) 
Fabric.
(3) 
Electrically charged fences.
(4) 
Broken glass affixed to or on any wall, fence or similar structure.
(5) 
Junk including, but not limited to, discarded vehicles, automobiles, trucks, buses, tractors, appliances, such as refrigerators, washers and dryers, assembled or partially assembled materials, such as holding tanks, barrels and raw materials, such as stone, cement and sand.
(6) 
Turkey or chicken wire or other similar light gauge material.
(7) 
Snow, expandable or collapsible fences as a permanent fence.
E. 
Temporary fences, walls or similar structures used on construction sites are exempt from the permit requirements of this section provided such fences, walls or similar structures are removed within one year of the date of their construction or erection or the completion of the project for which the fence was erected.
F. 
All fences and walls shall conform to the following:
(1) 
All chain link fences shall be constructed with the closed loop situate at the top of the fence.
(2) 
All entrances or gates shall open into the interior of the enclosure.
(3) 
If the fence is of masonry construction, a finished surface must be provided on the exterior side.
(4) 
If the fence is open metal mesh, supported by posts and frames of either wood or pipe, such posts and frames shall be on the interior of the mesh.
(5) 
If the fence is wood cover on a wood frame, the wood frame must be on the interior of the fence, unless the fence is designed so as to provide equal frame and cover area to adjoining yards.
[Added 5-9-2005 by Ord. No. 2559]
Prior to the commencement of any forestry activities on a property, the property owner shall, at a minimum, submit the following information to the Township, and shall adhere to the following guidelines:
A. 
A Forestry Management Plan, prepared by a professional forester. This plan is to be followed for all forestry operations.
B. 
Documentation that the Forestry Management Plan is consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.
C. 
Clear cutting shall be prohibited except on tracts less than two acres. This provision shall not apply to State Game Lands where clear cutting is done to benefit the natural habitat.
D. 
On tracts larger than two acres, at least 30% of the forest cover (canopy) shall be kept and the residual trees shall be composed of a higher value species as determined by a professional forester.
E. 
An Erosion and Sedimentation Control Plan shall be submitted to the Township as well as the Lehigh County Conservation District for any review and recommendation. Said plan shall be implemented and adhered to during all activities.
F. 
Reforestation shall be required except for areas proposed for buildings, streets and utilities on an approved plan.
G. 
Forestry is prohibited on areas with slopes greater than 25% or within the 100-year floodway, as determined on the Federal Emergency Management Agency Flood Maps.
H. 
At no time shall earth moving or filling be permitted as part of this approval, without the necessary additional local, state and/or federal approvals required for same.
I. 
A forestry permit shall be completed and appropriate fee paid.
[Amended 5-8-2000 by Ord. No. 2234]
A. 
Any and all areas fronting on a public street shall be considered as front yards, with all uses, buildings or structures regulated accordingly.
B. 
Front yards on corner lots. Corner lots in residential zones fronting on two intersecting streets shall be considered to have two front yards and one side yard which shall be the minimum of the applicable zone and one rear yard. For the principal structure only, one front yard shall meet the yard requirements for the applicable zone and the other may be reduced, but shall be not less than 15 feet. These provisions do not apply to detached accessory structures. The front of the principal structure must meet the minimum front setback for the applicable district. However, houses which are situate on a diagonal (fronting the intersection of two streets) shall maintain the front yard setbacks on both sides.
By special exception, the front yard of a proposed building may be decreased in depth to the average alignment of existing buildings on the same block located within 100 feet of the proposed building.
[Amended 9-9-2002 by Ord. No. 2378]
No building structure or use shall be utilized or occupied unless the lot upon which the building, structure or use is situate has the required frontage on and gains access to a public street as set forth in the use schedules, Article IX. Access to the use, structure or building lot shall be from the same street used to satisfy the frontage requirement. This street shall be improved to current Township standards and continuously connected to another public street on at least one end, and shall be dedicated to and accepted by the Township. Every building in which a dwelling unit is located shall have its own frontage on a public street as mentioned herein without requiring travel in or around another use or building. Townhouses, apartment or condominium complexes may abut private streets provided that such private streets are improved to current Township standards.
[Amended 7-8-1996 by Ord. No. 1989]
In the event that a Federally funded traffic improvement project requires the Township to acquire highway easements for necessary roadway improvements, then, in such event, those owners of the properties affected shall be permitted to calculate the minimum lot size, minimum yard requirements (front yard, rear yard and side yard), maximum building coverage and maximum impervious surface from the right-of-way line that existed immediately prior to the acquisition of the easement.
[Amended 4-8-1991 by Ord. No. 1729; 11-9-1992 by Ord. No. 1791]
A. 
Home occupations, considered as accessory uses, shall:
(1) 
Be limited to one per residential dwelling.
(2) 
Be conducted only by residents of the dwelling in which the use is situate. Not more than one nonresident employee shall be permitted at sites only where at least two off-street parking spaces are available.
(3) 
Not exhibit any external characteristics or evidence of their existence. Signs shall be as allowed by otherwise applicable laws, regulations or permits and shall be limited to one non-illuminated wall sign having a maximum sign display area of two square feet.
(4) 
Only be conducted in a principal residential structure or, if permitted by special exception, in an accessory building or structure, such as a garage, barn or storage structure. If a new structure is to be erected, then the exterior design of the new structure shall reflect the principal residential use of the structure.
(5) 
Not occupy more than one building or structure.
(6) 
Not occupy more than 250 square feet of the total aboveground floor area of the building or structure in which the home occupation is situate.
(7) 
Not exhibit any nuisance characteristics such as dust, noise discernible beyond the property line, odor, smoke or fumes or be detrimental to the general public health, safety and welfare.
(8) 
Shall not have more than two vehicles at any given time patronizing the business.
(9) 
Not require or need any additional parking spaces.
B. 
Any person desiring to create, maintain or expand a home occupation shall first secure a use permit therefore as set forth in Article IV, Permits.
C. 
No-impact home-based businesses. Those businesses or activities which meet the definition of "no-impact home-based business" shall be a permitted use in all residential, C-1, C-2A, and OS-1 Districts, and shall not be subject to the issuance of a use permit, provided that the following criteria are met:
[Added 7-11-2005 by Ord. No. 2571]
(1) 
The business activity shall be compatible with the residential use of the property and surrounding residential uses.
(2) 
The business shall employ no employees other than family members residing in the dwelling.
(3) 
There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.
(4) 
There shall be no outside appearance of a business use, including, but not limited to, parking, signs, or lights.
(5) 
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 in the neighborhood.
(6) 
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.
(7) 
The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.
(8) 
The business may not involve any illegal activity.
[Amended 4-8-1991 by Ord. No. 1729]
A. 
No direct glare, as defined in this chapter, shall be permitted beyond the property lines of a parcel, with the exception that parking areas and walkways may be illuminated by luminary so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, such luminary shall be placed not more than 35 feet above the ground level and the maximum illumination at ground level shall not be excess of three footcandles.
B. 
A luminary of less than four feet above the ground may have a cone angle of 90°.
C. 
Indirect glare produced by illuminating or reflecting surface shall not exceed 0.3 footcandle instantaneous maximum measurement or 0.1 footcandle average measurement.
D. 
Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, shall be permitted only after the acquisition of a building and other necessary permits and shall not be allowed on a premises for more than three nights within a six-month period.
E. 
The provision of this section shall only apply to commercially used or zoned property and apartments and not to residential uses.
[Amended 12-18-1989 by Ord. No. 1657]
A. 
Each zoning lot may not contain more than one principal use, together with accessory uses related thereto, unless otherwise specifically provided.
B. 
In all zoning districts except I, Industrial, OP, Office Park and OS-2, Open Space — Limited Industrial, only one principal building shall be permitted per zoning lot, unless otherwise permitted.
C. 
Lots used or developed for residential purposes shall only be used and developed for one, single-family dwelling unit, unless otherwise permitted.
D. 
In the event that a zoning lot is developed for a principal use which employs or uses more than one principal building, each building so constructed shall:
(1) 
Meet all minimum lot requirements (e.g., if a developer desires to construct three buildings upon his lot and the minimum lot area is two acres, the developer would need a minimum of six acres of land in order to construct the three buildings.
(2) 
Meet all dimensional requirements (e.g., setbacks, etc.).
(3) 
Meet all parking, loading and unloading requirements.
(4) 
Be a minimum unobstructed distance of 50 feet from another building, unless otherwise specified.
E. 
Principal buildings in the C-2, Regional/Community Commercial, and C-2A, Local Commercial Zoning Districts shall be permitted to have up to two attached permitted uses, provided that the building shall have one common entranceway (which may be a vestibule) serving both uses, and only one single structure on the lot. All dimensional, parking, and other requirements must still be satisfied for each use proposed.
[Added 2-11-2008 by Ord. No. 2711]
Any and all lots not serviced by public water and sewer facilities shall have a minimum lot size of one acre.
A. 
Within the districts established by this chapter, there exist, may exist or will exist buildings, structures (which includes signs), and/or established building lots preexisting the passage of this chapter, 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 as amended, it is the intent of this chapter to restrict, rather than increase, such nonconformities.
B. 
A building or structure 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. 
An existing nonconforming building or structure shall not be enlarged, reconstructed, substituted, moved or structurally altered so as to extend or increase the nonconformity.
D. 
In the event that any floor area, volume or use of land of a nonconforming building or structure 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 reconstruction is commenced within six months of the date of the damage and is carried to completion within a reasonable period of time.
E. 
Termination and abandonment of nonconforming buildings and structures shall be governed by § 27-60F.
[Amended 12-18-1989 by Ord. No. 1657]
F. 
Lots which appear on a previously approved plan of record which met all dimensional requirements for a building lot at the time of subdivision shall be deemed to be permissible building lots provided that:
[Amended 12-18-1989 by Ord. No. 1657]
(1) 
Any lot not connected to both public water and sewer shall have a minimum lot size of one acre.
(2) 
Any nonresidential use must comply with the use standards set forth in this article, unless protected by a strict application of the provisions of the Municipalities Planning Code, § 508, codified as 53 P.S. § 10508.
G. 
The subdivision of a lot which is nonconforming as to any part of this chapter shall be permitted as of right (without complying with all other provisions of the chapter), provided that:
[Amended 9-14-1992 by Ord. No. 1785]
(1) 
The total square footage of the lot is increased or a nonconforming situation is abated (e.g., driveway or part thereof located on an adjacent lot relocated by adjustment of lot line).
(2) 
Appropriate subdivision approval is secured from the Whitehall Township Planning Commission and Board of Commissioners.
(3) 
No additional lots are created by the subdivision.
(4) 
The lot or lots decreased in size by the subdivision remain conforming in all respects on any lot affected.
(5) 
The subdivision does not create additional or increased nonconforming situations.
(6) 
The area of land to be added to the nonconforming lot is less than 1,000 square feet or less than 10% of the total area of the nonconforming lot, whichever is greater.
(7) 
A consolidation deed in a from acceptable to the Township Solicitor must be filed upon final subdivision plan approval by the Township.
(See also § 27-90)
A. 
Within any clear site triangle there shall be no obstruction between two feet and eight feet above grade (the visibility area).
B. 
Existing and proposed trees having eight feet or more of clear trunk with limbs and foliage trimmed in such a manner so as not to extend into the visibility area shall be permitted, provided there is no traffic hazard.
[Amended 12-18-1989 by Ord. No. 1657]
C. 
No landscaping shall be maintained in such a manner so as to obscure or otherwise interfere with the clear site triangle.
Any area necessary to satisfy a setback, yard or open space requirements for a building, structure, use or lot shall not be part of, incorporated into or considered as any required setback, yard or open space for any other building, structure, use or lot.
[Amended 12-18-1989 by Ord. No. 1657]
Private garages accommodating more than five cars shall not have an entrance closer than 200 feet to an entrance of a school, church, theater, hospital, public park, playground or fire station. Said measurement shall be taken as the shortest distance between such entrances across the street if the entrances are on opposite sides of the street or along the street frontage if both entrances are on the same side of the street or within the same block.
A. 
All private roads and driveways shall be:
(1) 
Constructed to Township standards.
(2) 
Properly graded, constructed and drained to channel, divert or retain stormwater runoff.
(3) 
Properly maintained.
B. 
All private parking areas shall be:
(1) 
Constructed to Township standards.
(2) 
Properly graded, constructed and drained to channel, divert or retain stormwater runoff.
(3) 
Properly maintained.
C. 
Private driveways shall conform to the following:
(1) 
Driveways for single-family detached dwellings, semidetached dwellings and townhouses shall not be less than 35 feet from any intersection, measured from the curbline or edge of the pavement to the center of the driveway and shall not exceed 40 feet in width at the curbline.
[Amended 4-8-1991 by Ord. No. 1729]
(2) 
All other driveways shall not be less than 20 feet nor more than 40 feet in width at the curbline.
(3) 
No driveway shall be less than 50 feet from an intersection, measured from the center lines at the intersection to the center line of the driveway, if one of the streets at the intersection is a collector street.
(4) 
No driveway shall be less than 100 feet from an intersection, measured from the center lines at the intersection to the center line of the driveway, if both of the streets at the intersection are collector streets.
[Amended 4-8-1991 by Ord. No. 1729]
(5) 
No driveway shall be less than 200 feet from an intersection, measured from the center of the intersection to the center line of the driveway if one of the streets at the intersection is an arterial street.
[Amended 12-18-1989 by Ord. No. 1657]
(6) 
No driveway servicing a nonresidential use or building shall be within 25 feet of a residential property line.
(7) 
No driveway servicing common parking areas for more than 10 dwellings shall be within 20 feet of a property line or building.
[Added 4-8-1991 by Ord. No. 1729]
Recycling facilities for solid waste which involve the separation of waste by mechanical or manual means shall be fully enclosed by a roof and walls. All recycling facilities other than resorted drop-off locations shall comply with all requirements of § 27-140 of this chapter in addition to all other applicable statutes and regulations including the Pennsylvania Solid Waste Management Act, as amended.
[Amended 4-8-1991 by Ord. No. 1729]
Sewer services to any building, structure, or part thereof, or use shall conform to the following:
A. 
Any building, structure or part thereof or use which is regularly utilized by the general public shall be provided with flush-type toilets.
B. 
Any building, structure or part thereof or use which is utilized by an employer or employees for more than two consecutive hours at any given time, shall be provided with flush-type toilets.
C. 
No cesspool, privy, outhouse or drilled sinkhole shall be constructed or used for the disposal of any sewage or similar waste.
D. 
Notwithstanding the provisions of Subsection A and B above, any building, structure or part thereof or use which is utilized for outdoor recreation shall provide, within one year of the commencement of the outdoor activity, permanent toilet facilities for the use of the general public, employees and employers. Prior to the expiration of the one year period referenced in this subsection, there shall be provided alternative sanitary rest rooms, facilities, which may include temporary facilities which are not flush-type and which shall comply with all applicable State and Federal laws, rules, regulations and directives as well as all other applicable ordinances of Whitehall Township.
[Amended 12-18-1989 by Ord. No. 1657]
A. 
All owners of lots with nonresidential structures situate thereon must identify an area for the storage of solid wastes generated by the lot use. No solid wastes or any materials being stored for pickup including, but not limited to wastepaper, pallets, cardboard, industrial wastes, used or abandoned merchandise or building debris may be stored outside of this area which shall meet all the regulations for accessory uses as defined in § 27-84.
B. 
The accumulation of solid wastes shall be kept to a minimum and shall in no case be more than the amount of material generated in one month of normal operations. Furthermore, no material shall be stored for a period exceeding 30 days.
C. 
Storage, as required hereby of waste materials, shall neither create dusts, odors, airborne debris or trash, or otherwise create a public nuisance nor be stored in such a manner as to harbor or attract animals, insects, vectors or vermin.
D. 
Solid wastes shall be stored in metal containers equipped with lids which shall remain closed at all times, when not depositing or emptying the contents.
A. 
The purpose of slope zoning shall be to limit the intensity of development in areas which the topography is less accommodating to conventional development.
B. 
The average property slope for the purposes of this regulation shall be the slope calculated by summing the length of all two foot contour lines for the existing ground conditions and multiplying that sum by two. That product shall then be divided by the lot area to find the average property slope.
(2) x (sum of length of contours)
=
Average Lot Slope
Lot Area
C. 
Each lot which requires onsite sewage disposal systems shall have the following minimum areas, unless a larger minimum lot size is required for the use in the zoning district in which the lot is situate, in which case the more restrictive requirements shall apply:
Slopes 0% up to and including 12.00%
No change (1.0 acre)
Slopes greater than 12.00% up to and including 13.00%
58,000 sq. ft. plus a 10% increase in frontage
Slopes greater than 13.00% up to and including 14.00%
72,000 sq. ft. plus a 15% increase in frontage
Slopes greater than 14.00% up to and including 15.00%
2.0 acres plus a 20% increase in frontage
Slopes greater than 15.00% up to and including 20.00%
2.5 acres plus a 35% increase in frontage
Slopes greater than 20.00% up to and including 25.00%
3.0 acres plus a 50% increase in frontage
D. 
Each lot which is to be served by public sewage disposal systems shall have the following minimum area, unless a larger minimum lot size is required for the use in the zoning district in which the lot in situate, in which case the more restrictive requirements shall apply:
[Amended 4-8-1991 by Ord. No. 1729]
Slopes 0% up to and including 12.00%
No change
Slopes greater than 12.00% up to and including 13.00%
20% increase in square footage plus a 10% increase in frontage
Slopes greater than 13.00% up to and including 14.00%
40% increase in square footage plus a 15% increase in frontage
Slopes greater than 14.00% up to and including 15.00%
0.75 acre minimum plus a 20% increase in frontage
Slopes greater than 15.00% up to and including 17.00%
1.0 Acre minimum Plus a 25% increase in frontage
Slopes greater than 17.00% up to and including 20.00%
1.5 Acre minimum Plus a 35% increase in frontage
Slopes greater than 20.00% up to and including 25.00%
2.0 Acre minimum plus a 50% increase in frontage
E. 
Development shall not be permitted on slopes greater than 25% unless the structural and support stability of any proposed structures are approved by the Township Engineer and appropriate pre- and post-construction soil erosion and sedimentation and stormwater management plans are approved by the Board of Commissioners. In addition, any approved development must include an increase in lot frontage of 100%.
F. 
The Zoning Officer shall be entitled to consult with the Township Engineer for interpretation and determination of average lot slope.
[Amended 12-18-1989 by Ord. No. 1657]
A. 
Swimming pools shall be considered as accessory uses and shall conform in design, location, maintenance and use as indicated in the Whitehall Township Swimming Pool Regulations, adopted by the Board of Commissioners, as amended.
[Amended 8-8-2005 by Ord. No. 2578]
B. 
Swimming pools must be located not less than six feet from all property lines, and not less than 10 feet from any alley. A swimming pool shall not be located in any front yard.
C. 
Special regulations for temporary, storable aboveground pools:
[Added 4-11-2011 by Ord. No. 2857]
(1) 
The pool must be erected and removed within the same swimming season, and in no case shall be permitted to exist for more than five months from the date of erection.
(2) 
The pool may situate not less than three feet from all side and rear property lines. No pool may be located within a front yard setback.
(3) 
The pool must adhere to all applicable enclosure, inspection and safety requirements as established in the Pennsylvania Uniform Construction Code, as amended.
[Amended 2-18-1989 by Ord. No. 1657; 6-11-2001 by Ord. No. 2322]
A. 
Use and/or placement of temporary utility trailers and storage containers shall conform to the following requirements and shall:
(1) 
Not be situated less than six feet from any property line or less than 10 feet from any alley;
(2) 
Not interfere with traffic visibility;
(3) 
Not occupy designated and required parking spaces;
(4) 
Not obstruct interior traffic flows;
(5) 
Not exceed 35 feet in height;
(6) 
Not be located in any residential zoning district, unless trailer/container is being used for storage of construction materials for a site under construction which possesses a valid building permit;
(7) 
Not be leased or used by any other entity other than the property owner, contractor or lessee of the site where such trailer or container is to be located. No subleasing shall be permitted;
(8) 
Not be placed closer than 10 feet to any building; and
(9) 
There shall be a maximum of five temporary utility trailers or storage containers permitted to any single applicant, address and/or leased parcel at any given time.
B. 
Temporary job site office trailers, storage trailers used for construction and sales offices shall:
(1) 
Not be situated less than three feet from any property line or less than 10 feet from any alley;
(2) 
Not interfere with traffic visibility;
(3) 
Not occupy designated and required parking spaces;
(4) 
Not obstruct interior traffic flows;
(5) 
Not be placed closer than 10 feet to any building.
C. 
A building permit shall be obtained from the Zoning Officer prior to placement or use of a temporary utility trailer, storage container, job site office trailer or sales trailer upon a lot. These facilities shall be inspected by both the Building and Fire Inspectors prior to their use and shall conform to all applicable code regulations. A permit sticker shall be issued which must be attached to the trailer or container in a prominent location for easy inspection by Township staff. Escrow monies are not transferable from one permit to another.
(1) 
Permits for storage trailers used for construction, temporary job site office and sales trailers shall be valid during the duration of construction, until the certificate of occupancy is issued for the structure under construction or until the job is considered complete by the Township Engineer.
(2) 
Permits for temporary utility storage trailers or containers shall be valid for six months from the date of issuance and may not be "renewed" for the same trailer.
D. 
Temporary utility trailers, storage containers, job site office and sales trailers shall be maintained in a safe and sanitary condition.
E. 
Fees for permits to place or use temporary utility trailers, storage containers, job site office and sales trailers shall be established by the Board of Commissioners and set forth in the fee schedule, as amended.
F. 
The provisions of the within section shall not apply to portable, on-demand storage containers which are located on private property for the purpose of temporary residential storage for a period not to exceed 30 days, consecutive or cumulative.
[Added 3-13-2007 by Ord. No. 2609]
When a lot has frontage on a public street which is or will be subject to a widening of the right-of-way, all required dimensional requirements, restrictions and limitations shall be measured from the edge of the ultimate right-of-way.
[Amended 4-8-1991 by Ord. No. 1729]
The following provisions shall govern the use and/or development of, in or around wetlands:
A. 
It shall be unlawful for any person to construct in, enlarge, repair, alter, remove, maintain, operate or abandon any dam, water obstruction or encroachment prior to the issuance of a general or individual permit by the Department of Environmental Protection (Department); or contrary to the terms and conditions of a general or individual permit issued by the Department or the rules and regulations of the Department of Environmental Protection.
[Amended 8-8-2005 by Ord. No. 2578]
B. 
Prior to such operation, maintenance, modification, enlargement or abandonment of any dam, water obstruction or encroachment, the owner of the lot, parcel or tract shall file a copy of the current Department permit with the Zoning Officer.
C. 
Prior to the construction, use or development of any property, the owner thereof shall indicate to the satisfaction of the Zoning Officer that no wetlands shall be adversely affected as more particularly prescribed by the Dam Safety and Encroachments Act the Dam Safety and Waterway Management Rules and Regulations. In the vent that it is apparent that wetlands will be adversely affected, said person shall obtain a permit from the Department prior to such construction, use or development of the property and shall file said permit as set forth hereinabove.
D. 
For the purposes of this section, "encroachment" shall be defined as any structure or activity which, in any manner changes, expands or diminishes the course, current or cross section of any watercourse, wetland, floodway or body of water. For definitions of each of these terms, refer to 25 Pa. Code, Chapter 105, § 105.1, "Definitions," DEP Regulations, "Dam Safety and Waterway Management," as amended from time to time.
[Amended 8-8-2005 by Ord. No. 2578]