[Amended 12-18-1989 by Ord. No. 1657]
All adult entertainment facilities shall be
separated from any and all churches, schools, public buildings or
residences by a distance of at least 2,500 feet measured from building
to building.
[Amended 12-18-1989 by Ord. No. 1657]
Apartments shall:
A.
When individual units:
(2)
Provide off-street parking areas which shall be designed
and dedicated to the use of the residents only.
(3)
Provide emergency exits if located on a floor other
than the ground floor.
(4)
Have an aggregate minimum lot area equal to 5,500
square feet plus the minimum lot area of any other use situate upon
the tract.
B.
When apartment buildings (two or more apartments in
a structure):
(1)
If 2 1/2 stories or less in height, be restricted
to no more than 16 dwelling units in one continuous structure and
no portion of the building below the first story or above the second
story shall be used for dwelling purposes.
(2)
Have double side and rear yard setbacks as those set
forth in the use scheduled for the district in which the apartment
is located or proposed.
(3)
Maintain a distance of 35 feet between buildings upon
the same lot.
(5)
Maintain off-street parking areas and shall dedicate
and designate such areas for use of the residents and their guests
only.
(6)
Maintain the density requirement of no more than eight
dwelling units per gross acre.
(7)
Be served by public sanitary sewer and public water
facilities.
(8)
Be screened from adjoining residential uses.
[Amended 4-8-1991 by Ord. No. 1729]
[Amended 12-18-1989 by Ord. No. 1657]
A.
Bed-and-breakfast facilities shall:
(1)
Have a minimum lot size of 12,000 square feet.
(2)
Provide a maximum of five guest rooms.
(3)
Permit no more than four persons to occupy any one
particular guest room.
(4)
Provide at least two off-street parking spaces for
each guest room.
(5)
Provide at least one full bathroom, separate from
the host family's bathroom, for every three guest rooms.
(6)
Be conducted only by members of the immediate family
who reside on the premises.
(7)
Only serve food to registered guests.
(8)
Prior to applying for a use permit, have the existing
on-site sewage disposal system reevaluated to determine whether the
same is adequate and in accord with local and State regulations.
(9)
Comply with all applicable labor and industry and
handicapped requirements, standards and regulations.
(10)
Only occupy existing single-family detached
dwellings.
[Amended 10-9-2000 by Ord. No. 2264]
A.
A forty-foot buffer yard shall completely separate
the structure and all off-street parking areas from any lot line of
any residential use or any undeveloped residentially zoned lot.
B.
If any type of entertainment offered at such a facility
at any time is adult entertainment, the requirements of an adult entertainment
facility must be met.
C.
Any such use shall be separated from any school, church
or similar facility, from property line to property line, a minimum
of 500 feet.
D.
The hours of operation for such a facility shall be
limited from 12:00 noon to 11:00 p.m., Monday through Saturday.
E.
For purposes of enforcing this and other applicable
ordinances, inspections of said premises may be conducted at any time
by both law enforcement and code enforcement personnel.
F.
Any such establishment shall have a minimum lot size
of one acre.
G.
The structure of a BYOB establishment with a capacity
of 300 or more persons shall be set back a minimum of 300 feet from
the lot line of any residential use or residential zoning district.
Said measurement shall be from property line to property line.
H.
Security must be provided on site during all operating
hours.
[Amended 4-8-1991 by Ord. No. 1729]
Conversions to condominiums shall be permitted,
by conditional use, and shall comply with or provide the following:
A.
Prior to conversion, the owner or developer shall
file with the Township Zoning Officer a copy of the declaration of
condominium required the Uniform Condominium Act, P.L. 286, No. 82,
§ 1, July 2, 1980, as amended.
B.
Building permits shall be acquired for each individual
unit of the conversion.
C.
An occupancy permit for each individual unit shall
not be issued until said unit is substantially complete as evidenced
by proof of the recording of a certificate of completion with the
Lehigh County Recorder of Deeds.
D.
A temporary occupancy permit may be issued prior to the recording of the certificate of completion in accordance with § 27-21 of this chapter.
E.
In the event that a condominium is terminated, a copy
of the termination agreement that is recorded with the Lehigh County
Recorder of Deeds shall also be filed with the Township Zoning Officer.
Thereafter, the units comprising the condominium will again be considered
as one unit and shall be regulated accordingly.
[Amended 12-18-1989 by Ord. No. 1657]
A.
Heliports or their operators shall:
(1)
Obtain and maintain a valid license from the Pennsylvania
Department of Transportation, Bureau of Aviation.
(2)
Have a minimum landing are at least twice the length
of the helicopter used.
(3)
Have a landing pad not less than 32 feet in diameter.
(4)
Be approachable from two directions.
(5)
Provide sufficient clearances, 8:1 ratio, so as to
permit landings and take-offs from the outer limits of the landing
pad.
(6)
Have an 8:1 ratio approach lane.
(7)
Have a flight path 200 feet wide and 500 feet outward
from the outer edge of the landing pad.
(8)
If located near or adjacent to water, have a boat
positioned at a landing to aid in rescue operations.
(9)
Have a wind direction indicator and appropriate lighting.
(10)
Conform to all regulations when and as promulgated
by the Pennsylvania Department of Transportation, Bureau of Aviation.
B.
A heliport shall not be used, maintained or operated
until such time as a building permit therefor is secured from the
Zoning Officer.
C.
Building permits issued by the Zoning Officer for
heliports shall be automatically revoked if:
(1)
The Pennsylvania Department of Transportation, Bureau
of Aviation, revokes or refuses to relicense an operator or heliport.
(2)
An operator of a heliport fails to cure any defect
or nonconformity with regulations as established by this section or
the Pennsylvania Department of Transportation, Bureau of Aviation
within 30 days of being notified of such defect or nonconformity.
[Amended 12-18-1989 by Ord. No. 1657]
Individual mobile homes on individual lots shall:
A.
Have adequate sewage disposal facilities.
B.
Adhere to the single-family dimensional requirements of the R-5, High Density Residential Zoning District as set forth in § 27-75E.
C.
Be placed on a permanent masonry foundation, have
the wheels removed and skirting placed around the entire structure.
[Amended 12-18-1989 by Ord. No. 1657]
A.
B.
Mobile home parks shall not be designed, maintained
or used so as to permit any mobile home or accessory structure to
be placed closer than 100 feet to any property line abutting a public
street or closer than 50 feet to any rear or side property line.
[Amended 10-9-2000 by Ord. No. 2264]
A.
A forty-foot buffer yard shall completely separate
the structure and all off-street parking areas from any lot line of
any residential use or undeveloped residentially zoned lot.
B.
Nightclubs shall have a minimum lot size of one acre
for each 150 seats or 150 person capacity.
C.
The structure of a nightclub with a capacity of 300
or more persons shall be set back a minimum of 300 feet from the lot
line of any residential use or residential district.
D.
All such uses shall maintain a setback of at least
500 feet from any school, church or similar facility. Said setback
shall be measured from property line to property line.
E.
For purposes of enforcing this and other applicable
ordinances, inspections of said premises may be conducted at any time
by both law enforcement and code enforcement personnel.
F.
Security must be provided on site during all operating
hours.
[Amended 12-18-1989 by Ord. No. 1657]
Oil or petroleum product storage tanks or areas
shall:
A.
Provide a bermed basin around each individual tank
sufficient to contain 150% of the tank capacity.
B.
Provide double setbacks than those required in the
district in which the use is situate or proposed.
C.
If underground storage tanks, adhere to all applicable
State and Federal regulations therefor.
[Amended 12-18-1989 by Ord. No. 1657]
All off-track betting facilities shall be separated
from any and all churches, schools, public buildings or residences
by a distance of at least 2,500 feet measured from building to building.
[Amended 12-18-1989 by Ord. No. 1657]
Additional requirements for offices shall conform to those requirements as set forth in § 27-134, Research facilities.
[Amended 12-18-1989 by Ord. No. 1657]
Outdoor recreation facilities shall:
A.
For all buildings and active recreation areas, be
set back from adjacent residentially zoned and used properties, a
minimum of 25 feet.
E.
Have a minimum lot size of three acres.
F.
Provide onsite public rest room facilities.
G.
Maintain a minimum of 25 feet between all permanent
structures used as dwellings.
H.
Provide all permanent structures with potable water
and adequate sewage facilities.
I.
When designed for use by recreational vehicles, be
equipped with adequate electric, water and sewage hook ups as well
as adequate sewage dumping facilities which are in accord with all
Pennsylvania Department of Environmental Protection regulations.
[Amended 8-8-2005 by Ord. No. 2578]
[Amended 12-18-1989 by Ord. No. 1657]
All proposed or expanded quarry and mining operations
shall be completely enclosed by a chain link fence of at least eight
feet in height. During all periods when no authorized personnel are
on the property, all gates of the fence shall be closed and locked.
[Amended 12-18-1989 by Ord. No. 1657]
Research facilities shall:
A.
Conduct all business within a completely enclosed
building.
C.
Provide adequate storm drainage, sewage disposal,
domestic water supply and all other appropriate utilities.
D.
Provide vehicular access to a highway or street traffic
control to maximize public safety and to avoid traffic congestion.
[Amended 12-18-1989 by Ord. No. 1657]
A.
Rifle, shooting and target ranges shall have a minimum
lot area of seven acres.
B.
Ranges for fixed target fire arm shooting must be
backed by an earthen mound at least 10 feet in height and have a suitable
bullet trap structure to deflect and stop bullets and projectiles.
C.
Ranges must have a clearly defined and established
firing line.
D.
For trap and skeet shooting ranges where targets will
be propelled or hurled into the air, the point of fire of discharge
shall be set back at least 300 yards from any property line in the
direction of shooting.
E.
Fields of fire must be completely enclosed by a chain
link fence at least six feet in height.
G.
Archery ranges or ranges established by and used for
the training of police, military or authorized Federal personnel shall
not be subject to the provisions of this section.
[Amended 12-18-1989 by Ord. No. 1657]
Salvage yards shall:
B.
Maintain double the required setbacks for the district
in which the facility is situate or proposed.
C.
Control and contain stormwater runoff for a period
of time sufficient for separation of volatile compounds and other
man-made components from the stormwater itself.
D.
Not be located in existing or projected future areas
of urban growth, nor affect or destroy any outstanding natural attributes
of the immediate surrounding area.
E.
Not be increased in land area without the prior conditional
approval of the Board of Commissioners.
[Amended 12-18-1989 by Ord. No. 1657]
Shopping centers shall:
A.
Consist of a harmonious selection of uses and groupings
of buildings (if desired), service and parking areas and open spaces,
designed, maintained and used as an integrated unit in such a manner
so as to constitute a safe, efficient and convenient retail shopping
center.
C.
Provide safe and efficient pedestrian and vehicular
traffic circulation within the boundaries of the center or planned
business development.
D.
Provide raised curbs or medial walkways which shall
prohibit vehicles from straying from their designed circulation routes.
E.
Suitably plan walkways to help reinforce the proper
routing of traffic and add to the overall appearance of the shopping
center.
F.
Be serviced by public sewer and water facilities.
G.
If developed in stages, be so planned that the foregoing
requirements and the intent of this chapter are fully complied with
at the completion of each and every stage.
H.
Have a minimum lot size of 25 acres.
I.
Not store or display any materials, equipment or goods
outside of a building except in compliance with the following:
(1)
Only merchandise intended for immediate sale shall
be displayed on the sidewalk in front of it. At least eight feet of
sidewalk shall remain unobstructed for pedestrian use between the
merchandise display area and the curb.
(2)
Any other area of a shopping center area proposed
for storage or display purposes shall be subject to site plan approval
by the Board of Commissioners. All such areas shall be enclosed in
a suitable fence or plant screen, located adjacent to the main building,
in such a manner so as to prevent a view of the stored items from
any adjacent property at ground level and placed in such a manner
so as to control pedestrian and vehicular movement in the area.
[Added 3-13-2023 by Ord. No. 3298]
All proposed short-term rental facilities shall be regulated
by this section.
A.
CALENDAR/LICENSE/PERMIT YEAR
DAY GUEST
HOTEL ROOM RENTAL TAX
PERSON IN CHARGE
SHORT-TERM RENTAL (STR)
SHORT-TERM RENTAL LICENSE/OCCUPANCY PERMIT
TENANT/OCCUPANT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
January 1 to December 31.
A visitor to the STR, but not constituting an occupant.
To be paid to Lehigh County pursuant to LC Ordinance 2005-180,
as amended.
Property owner or person(s)/agent(s) with actual authority
to represent the owner in times of emergency and nonemergency contact
and communication regarding the owner's STR. A person in charge
must provide a twenty-four-hour emergency contact number, be willing
and able to come to the STR within 30 minutes following notification
to address any issues that must be addressed in person or to provide
access to the unit.
The occupancy of a dwelling unit or portion thereof for compensation
for the purpose of temporary occupancy for a period of 30 consecutive
days or less. A short-term rental shall not be an apartment, a rooming
house or boardinghouse, a hotel or motel, a bed-and-breakfast facility,
or any other commercial facility.
Required license to be maintained by the owner of the facility
subsequent to meeting all requirements pertaining to the proposed
use. This license shall be issued in the form of an annual certificate
of occupancy for the use. A separate license/permit is required for
each dwelling unit used as a STR.
Any individual lodging overnight at the STR for a minimum
of 24 hours and a maximum of 30 consecutive days.
B.
General regulations.
(1)
Short-term rentals shall only be permitted in single-family
residences located in C-1 and C-2A Zones.
(2)
Short-term rentals shall have required private off-street parking
spaces available in an amount of one space per bedroom. Garage space
may be used in calculation of spaces so long as the garage is available
for parking of a vehicle. All parking spaces must be an improved surface
pursuant to the regulations of this chapter. No parking on grass or
other surfaces or on properties of others is permitted.
(3)
No short-term rental may be located in a multifamily structure
or apartment.
(4)
Occupancy shall be limited to two persons per bedroom with a
maximum occupancy of 14 persons total including day guests, whichever
is less. All bedrooms must contain a minimum of 70 square feet, and
occupancy maximum will be determined pursuant to applicable Township
use and occupancy regulations, again, not to exceed 14 persons, whichever
is less.
(5)
Short-term rentals shall be owner-occupied, and can be offered
in the following two ways only:
(a)
Specific bedroom accommodation. The owner of an owner-occupied
single-family dwelling may rent no more than two bedrooms to transient
visitors for a period of not less than 24 hours and not more than
30 consecutive days. Under this arrangement, the owner must occupy
the residence during the stay of the transient visitor.
(b)
Entire residential unit accommodation. An owner may rent their
primary residence to transient visitors for a minimum period of seven
consecutive days, not to exceed 30 consecutive or nonconsecutive calendar
days per year (each year shall be January 1 to December 31). Under
this type of arrangement the owner may, but is not required to, remain
on the premises during the stay of the transient guests.
(6)
All short-term rentals shall be subject to all local, state
and county applicable fees and taxes.
(7)
All short-term rentals shall be issued an annual short-term
lodging permit/license, which shall only be issued subsequent to the
following:
(a)
Proof of all necessary zoning and other required Township approvals.
(b)
Inspection by the Whitehall Township Bureau of Fire and Property
Maintenance Inspectors.
(c)
Proof of payment of all applicable fees (including but not limited
to Lehigh County hotel room rental tax, business license and garbage).
(d)
Proof of adequate off-street parking facilities.
(e)
Proof that no violations of the applicable codes, including
the Township's Noise Ordinance, and these provisions have occurred
in past year.
(f)
Proof of garbage hauler.
(8)
No short-term rental shall be used for any other purpose than
residential lodging. No receptions, parties or meetings shall be conducted
in the short-term rental; and no portions of a property shall be rented,
by way of example (but not limited to), swimming pool rental only
or yard rental only.
(9)
No short-term rental shall violate the Township's Noise
Ordinance.
(10)
No short-term rental may take advantage of the Township's
garbage and recycling services. Private arrangements must be made
for the disposal of waste.
(11)
Bedrooms must be rooms or spaces designed to be used for sleeping
purposes, with two means of egress, a closet, and in close proximity
to a bathroom. Space used for eating, cooking, bathrooms, toilet rooms,
closets, halls, storage or utility rooms and similar spaces are not
considered bedrooms. Space used or intended for general and informal
everyday uses, such as a living room, den, family room, basement,
sitting room, or similar, is not considered a bedroom to be available
for STR.
(12)
No detached accessory buildings or structures may be used as
STR. All lodging must be in the principal residence.
(13)
No campers, trailers or tents are considered as STR.
(14)
Notice must be clearly posted in all STRs identifying the following:
(a)
Person in charge of property including twenty-four-hour contact
information.
(b)
911 address of unit.
(c)
Trash regulations.
(d)
Noise Ordinance information.
(e)
Maximum number of occupants.
(f)
Maximum number of vehicles.
(g)
Local ordinance rules regarding prohibition on parties, meetings
and other gatherings.
(15)
All STR shall be equipped with the following:
(a)
Smoke detectors in each bedroom.
(b)
Smoke detectors outside each bedroom in common hallways.
(c)
Smoke detectors on each floor.
(d)
GFCI outlets as required per Township ordinances.
(e)
Aluminum or metal exhaust from dryer.
(f)
Carbon monoxide detectors as required by Township and state
regulations.
(g)
Fire extinguisher in kitchen conspicuously located.
(h)
Swimming pools and similar structures must meet all requirements
of Whitehall Township ordinances.
(i)
Any other required modifications as required by the Whitehall
Township Fire and Property Maintenance Codes pertaining to such occupancy.
(j)
All paths of egress and exits must be clearly marked and illuminated
in a manner acceptable to the Fire Inspector.
(16)
The dwelling shall remain as a single household residential
living unit with common housekeeping, kitchen and laundry facilities.
No alterations to the structure shall be permitted that will constitute
conversion of the structure to any other use, and no exterior alterations
shall be permitted to change the residential character of the structure.
(17)
No signage related to the STR is permitted.
C.
Submission requirements. In addition to the submission requirements contained in §§ 27-44 and 27-45 regarding conditional uses, the following shall be submitted with every application and annual license/permit for renewal for STR:
(1)
Accurately drawn floor plan of residence showing every level
of residence, indicating size and location of all rooms to be rented.
(2)
Location of all smoke and CO detectors and means of egress.
(3)
Site plan indicating parking facilities, exterior structures,
including swimming pools, decks, sheds, gazebos, etc.
(4)
Garbage and recycling hauler information.
(5)
Proof of required Whitehall Township business license and application
for Lehigh County hotel room rental tax.
(6)
Information regarding the person(s) in charge.
(7)
Name, address, telephone number and email address of the owner,
manager or managing agency.
D.
Violations/revocation of permits. Compliance with the requirements
of this section shall be considered conditions of the short-term rental
permit, the violation of which may result in the revocation of the
permit/license by the Township.
[Amended 12-18-1989 by Ord. No. 1657]
Single-family attached dwellings shall:
A.
Have the minimum living area requirements as set forth
in the Whitehall Township Building Code [§ 5-101 et seq.].
B.
Designate and dedicate all required off-street parking
to the use of residents only.
C.
Have a density not exceeding eight units per gross
acre.
D.
Be served by the public water and sewer system.
E.
Not have more than six attached units (townhouses,
etc.).
[Amended 12-18-1989 by Ord. No. 1657]
Single-family detached and semidetached dwellings
shall:
A.
Maintain the dimensional requirements as set forth in the R-5, High Density Residential Zoning District as set forth in § 27-75E.
B.
Be permitted only on single lots. Nothing in this
chapter shall be construed so as to permit the construction of single-family
detached and semidetached residences in combination on a single lot
in the form of a residential housing complex.
C.
Be designed so as to protect the character of the
zoning district in which the use is located or proposed.
[Amended 12-18-1989 by Ord. No. 1657]
Solid waste management facilities used for solid
waste disposal or transfer shall:
A.
Maintain a one-hundred-yard setback from any property
line or public right-of-way within which no solid waste shall be deposited
for storage, removal or transfer.
B.
Within the 100 yard setback as referenced hereinabove,
have two parallel rows of six foot high arborvitaes set three feet
apart as well as trees, shrubs and other suitable vegetation, planted
and landscaped to fully obscure any view of the site or facility from
public roads and adjacent public or private properties. The arborvitaes
referenced to in this paragraph shall be set back not less than 50
yards from property lines and rights-of-way.
C.
Be completely enclosed by a chain link fence or such
other durable fencing as approved by the Township, which shall be
not less than six feet and not more than eight feet in height. All
fencing shall be set back at least 15 feet from any and all property
lines and rights-of-way.
[Amended 12-18-1989 by Ord. No. 1657]
A.
Purpose. The purpose of this section is to assure
safe, humane, comfortable, supportive and convenient residential settings
for aged, blind and disabled persons who are able to live independently,
for aged, blind, disabled and other dependent or infirm adult persons
who require assistance beyond the basic necessities of food and shelter
but who are not in need of hospitalization or skilled nursing care;
and for residents who become in need of hospitalization, skilled or
continued nursing care, or any combination thereof. Residents will
receive the encouragement and assistance they need to develop and
maintain maximum independence and self-determination. Unnecessary
institutionalization will be prevented and individuals who might otherwise
be required to stay in an institution will be able to live in the
community. While it is recognized that a municipality may not discriminate
against individuals based on a physical or mental handicap or based
on age, this section regulates a higher density type construction
which will allow cost-efficient professional care of individuals requiring
special care or supervision, and this section is intended to regulate
building type and location rather than the identity of the residents.
B.
Applicable zones. A special care community, a conditional
use, is permitted in an R-3-A Zone, provided it can be demonstrated,
to the satisfaction of the Board of Commissioners, that the specific
conditions, standards and requirements set forth in this article will
be met and that the community as designed is in the public interest.
C.
ASSOCIATED USES
(1)
(2)
(3)
CONGREGATE HOUSING
(1)
(2)
(3)
INDEPENDENT DWELLING UNITS
PERSONAL CARE FACILITIES
QUALIFIED PERSON
(1)
(2)
(3)
(4)
(5)
(6)
RESIDENTIAL USES
RESIDENTIAL CLASS ZONE
SKILLED CARE FACILITIES
SUPPORT USES
TRACT
Definitions. When used in this article, the words
and phrases defined in this section shall have the following meanings,
unless the context clearly indicates a different meaning:
Administrative and service facilities designed
for and adequate to serve the residents of the special care community.
Gift and personal service shops and professional
offices reasonably integrated into the community and intended for
its exclusive use, provided that such shops and offices shall be adjacent
to common areas and no public advertisement by sign or other medium
shall be permitted for such uses.
The following facilities for the primary use
of residents of the special care community: auditoriums, activity,
craft and hobby rooms, libraries, lounges, chapels, recreational facilities,
community centers, medical health centers, outdoor recreation facilities
and other ancillary uses of a similar nature.
Detached, semidetached, attached and multifamily
dwellings in which each group of personal living units is associated
with one or more common units designed for the exclusive benefit of
the group.
Each personal living unit shall contain, at
a minimum, a private or semiprivate bedroom and shall have a private
access to toilet/powder room facilities. Each personal living unit
shall contain at least one outside window.
Each group of common units shall provide space
and facilities for cooking and related kitchen activities, dining,
clothes washing and bathing and toilet functions, to the extent such
activities cannot be performed in all of the personal living units
of the group. Common units may also be provided for recreation, relaxation
and similar activities.
Single-family detached dwellings, single-family semidetached
dwellings, single-family attached dwellings (provided that no more
than eight single-family dwelling units are attached in a linear row),
and single-family units in multifamily dwellings. Each individual
dwelling unit shall contain complete kitchen, toilet and bathing facilities,
and shall have at least one outside window.
Premises, or a portion thereof, in which food, shelter and
personal assistance or supervision are provided for a period exceeding
24 consecutive hours, for residents requiring supervision and assistance
in such manners as dressing, bathing, diet or medication prescribed
for self-administration, but not requiring hospitalization or skilled
nursing care.
A person 55 years of age or older.
A mentally or physically disabled or handicapped
person.
A member of the administrative staff of the
elderly or handicapped community.
The spouse of any one of the above persons if
living with such person.
The adult-sibling of any person defined in Subsections
A through B above.
The spouse widow(er) or adult-sibling of a person
who formerly resided in the community as a qualified person under
Subsection A or B of this definition, provided that such spouse, widow(er)
or sibling resided with the former elderly or handicapped resident
in the community immediately before the time he cased to reside in
the community.
Independent dwelling units and congregate housing.
All uses permitted in the R-3 zone shall be permitted in
the R-3-A zone. The uses permitted by this section, however, shall
be permitted in the R-3-A zone only.
Premises, or a portion thereof, used to house and care for
residents or former residents requiring hospitalization, skilled or
continuous nursing care or any combination thereof for periods exceeding
seven consecutive days.
Personal care facilities, skilled care facilities, out-patient
health care facilities for residents, common kitchen facilities to
prepare meals for residents, common dining facilities for residents.
One or more contiguous lots which are dedicated in common
to the development of an elderly or handicapped community. For purposes
of this paragraph, lots shall not be deemed noncontiguous merely because
they are separated by a public road.
D.
E.
Community management. Each special care community
facility shall be developed and managed by a single managing body.
If the ownership of the tract on which the community is located should
be divided in any fashion, deed and other restrictions shall insure
that common development, management and responsibility with respect
to the community is maintained.
F.
Relationship to other ordinances. Since this article
imposes requirements specifically designed for special care communities,
the provisions of this article shall supersede all other ordinances
of the Township to the extent of any conflict between this article
and such other ordinances.
G.
Residential living space regulations.
(3)
Each group of personal living units and common units
in a congregate housing arrangement shall have a total minimum habitable
floor area of 400 square feet for each personal living unit in the
group, exclusive of hallways, janitorial areas, community kitchen
facilities, lobbies and other facilities not readily available for
the personal use of the residents.
H.
Area regulations.
(1)
Tract area. The minimum area of any tract to be developed
into a special care community shall be 10 acres and the maximum area
shall be 100 acres.
(2)
Building area. Not more than 45% of the gross area
of any tract developed into an elderly or handicapped community shall
be covered by buildings.
(3)
Retail area. Not more than 5% of the total floor area
in buildings constructed in the community shall be used for retail,
personal service and professional shops and offices, not counting
medical or dental care services.
(4)
Common open space. Not less than 25% of the gross
area of any tract developed into a special care community shall be
dedicated to use as common open space for the residents of the community,
and not less than 70% of the common open space shall be designed for
passive use. Open space shall contain no major structures other than
those related to the purpose of the open space, shall be maintained
by the common management of the community and shall be deemed to include
landscaped or sodded areas, buffer strips, building courtyards and
unfenced stormwater control areas.
(5)
Building setbacks. No independent dwelling unit or
congregate housing building shall be closer than 40 feet from the
right-of-way of any public street or from any boundary of the tract.
No personal care facility or skilled care facility (whether located
in a separate building or as a part of a building containing other
uses) shall be closer than 125 feet from the right-of-way of a public
street or 125 feet from any boundary of the tract. No structure shall
be within 25 feet of a private street or access drive.
I.
Height regulations. No building shall exceed 35 feet
in height or three stories, excluding elevator, mechanical stair penthouses
and parapets or antennas.
J.
Density regulations.
(1)
Personal care facilities and skilled care facilities.
A maximum total of 30 beds shall be permitted in personal care facilities
and skilled care facilities in any elderly or handicapped community
for each acre of the gross tract on which the community is developed.
(2)
Other residential uses. A special care community shall
not provide more than a total of 18 independent dwelling units and
personal living units in congregate housing for each acre of the gross
tract on which the community is developed.
K.
Building arrangement.
(1)
Grouping. All buildings shall be arranged in a group
or groups of buildings.
(2)
Distance, in general. The minimum distance between
any two buildings or groups of attached buildings shall not be less
than two feet for each one foot in height of the highest such building.
(3)
Distance, independent dwelling units. In addition to the requirements of Subsection B, no building housing independent dwelling units in the form of single story, single-family detached dwellings shall be closer than 20 feet to another building. No building housing individual dwelling units in the form of multistory buildings or single-family semidetached or attached dwellings shall be closer than 50 feet to another building.
(4)
Wings. No two wings of any building shall form an
interior angle of less than 45°.
[Amended 12-14-2009 by Ord. No. 2801]
(5)
Access to natural light. All buildings shall be so
located in relation to one another that the angle off horizontal from
the sill of the lowest window in any independent dwelling unit or
in any personal living unit in congregate housing to the highest point
of another building (excluding towers, chimneys and similar fixtures)
does not exceed 45°.
(6)
Positioning of independent dwelling units. Where possible,
the design layout of independent dwelling units shall be such that
the front of one structure does not face the rear of another.
M.
Storage space. In addition to any ancillary storage
area contained inside individual dwelling units and congregate housing
personal living units and common units, there shall be provided for
each individual dwelling unit and personal living unit in congregate
housing at less 35 contiguous square feet of storage area where personal
belongings and effects may be stored without constituting a fire hazard.
These storage areas may be located either inside individual dwelling
units and personal living units or in common storage facilities containing
individual storage areas where personal belongings and effects may
be kept locked and separated from those of other residents. If common
storage facilities are maintained, the interiors of the individual
storage areas shall not be visible from the common access area.
N.
Wheel chair access. All buildings and facilities in
an elderly or handicapped community shall be accessible to wheel chairs.
O.
Safety systems. The elderly or handicapped community
shall be designed to include individual dwelling unit/personal living
unit and central control of security, fire and life safety systems.
P.
Parking regulations.
(1)
The community shall provide at least the following
number of all-weather paved off-street parking or storage spaces for
automobiles.
(a)
One space for each independent dwelling unit
to be used primarily by the residents of such units.
(b)
One space for every five independent dwelling
units to be used primarily by visitors to such units.
(c)
One space for every three personal dwelling
units in congregate housing to be used primarily by the residents
of such units and their visitors.
(d)
One space for every four beds in personal care
facilities and skilled care facilities. An additional area sufficiently
large to accommodate an equivalent number of spaces shall be reserved
and indicated on the development plans of the facility for future
parking. For the purposes of stormwater management, this area shall
be considered as a paved surface. Development of this area may be
required or waived at the discretion of the Township Commissioners.
(e)
One space for each staff doctor.
(f)
One space for each employee working on the largest
shift.
(2)
No building shall be closer than 25 feet from any
parking area access driveway nor closer than 10 feet from any parking
area.
(3)
Each parking space shall be no more than 300 feet from an entrance to the building for which such space is required under Subsection A.
(4)
Off-street parking areas shall not open directly onto
a public or private street, but shall be provided with access drives
or other controlled accesses. This provision shall not apply with
respect to single-family detached and semidetached dwellings.
(5)
Access drives, interior streets and loading and unloading
zones shall not serve as part of a specified parking area and shall
be kept clear of parked vehicles.
Q.
Streets.
(1)
Public and private streets within the special care
community shall be related to land uses and to the adjacent street
system, as well as to the layout of the residential, support and associated
uses.
(2)
Each street shall be designed and constructed in accordance with the applicable specifications of Chapter 22, Subdivision and Land Development. However, where the purposes of this article would be served, the Board may modify the specific terms of Chapter 22, Subdivision and Land Development, provided that a similar standard in performance is achieved.
(3)
Interior streets shall be so designed as to minimize
the hazards to pedestrians and to vehicles on streets within the community
and on streets in adjacent areas. Crosswalks shall be adequately designed.
(4)
Where private streets are proposed, acceptable provision
for their maintenance shall be an essential part of the development
plant.
R.
Pedestrian walkways. Pedestrian walkways shall be
provided wherever normal pedestrian traffic will occur, shall be paved
with all-weather surfaces, and shall be not less than four feet in
width. All pedestrian walkways and principal access ways to buildings
shall meet all Federal, State and Township engineering standards.
Particular attention shall be given to pedestrian safety in the design
of pedestrian walkways.
S.
Trash receptacles. Adequate trash receptacles shall
be provided in outdoor recreation areas and along connecting walkways
to discourage littering.
T.
Lighting regulations. Interior streets, parking areas,
building entranceways, loading and service areas and pedestrian walkways
shall be provided with sufficient illumination to minimize hazards
to pedestrians and vehicles utilizing the same, and shall, where necessary,
be shielded to avoid disturbing and hazardous glares to residents
of the community and adjacent properties and to vehicles on streets.
U.
Loading, deliveries and garbage collection.
(1)
Areas for loading, deliveries, garbage and refuse
collection and other service vehicles shall be provided in adequate
numbers and sizes and shall be arranged to prevent the blocking or
interfering with the use of access roads or automobile parking facilities.
(2)
Garbage and refuse collection areas shall be located
so as not to detract from the aesthetic character of the development
and shall be enclosed and shielded from view by fencing, walls or
shrubbery of at least seven feet in height around the perimeter.
V.
Landscaping.
(1)
All special care communities shall be provided with
a liberal and functional landscaping scheme.
(2)
Interior streets, parking areas and pedestrian walkways
shall be provided with shade trees which are of an appropriate size
and character.
(3)
Open space adjacent to buildings, areas between buildings
and border strips along the sides of pedestrian walkways shall be
graded and seeded to provide a thick strand of grass or other plant
materials.
(4)
Approaches and entrance areas to buildings shall be
provided with trees and attractive shrubbery.
(5)
Areas not used for buildings, drives, streets and
parking space shall be seeded or landscaped and shall be kept in attractive
condition.
(6)
The land shall be so graded, paved areas so pitched
and storm drains and catch basins so located and sized as to provide
rapid runoff of stormwaters and to avoid undue accumulations of water
under the normal range of weather conditions.
(7)
Topsoil shall not be removed from the tract during
construction but shall be stored and redistributed to areas most exposed
to view by residents and the public and such areas shall be stabilized
by seeding and planting.
X.
Development schedule. The development of a tract as
a special care community may be carried out in a single phase or in
multiple phases, subject to the review and approval of the Township
Commissioners. All phases of the development of a special care community
must be completed within five years of final land development approval.
Reasonable extensions of time may be granted by the Board of Commissioners
at its discretion, upon due cause shown.
[Amended 10-9-2000 by Ord. No. 2264]
[Added 9-14-2009 by Ord. No. 2791]
All windmills or wind turbines, whether commercial or residential,
shall adhere to the following regulations:
A.
They shall be independent of any structure and shall be located a
minimum distance of 110% times the structure height from any structure
or property line. No buildings, structures, street, alley or road
right-of-way or driveway not servicing the structure itself may be
located within this area.
B.
No part of the structure shall be located within or above any required
front, side or rear yard setback.
C.
They shall be erected and maintained in accordance with current building
codes.
D.
The structure shall not be climbable up to 12 feet above the ground
surface.
E.
The design of the structure shall conform to applicable industry
standards, including those of the American National Standards Institute.
The applicant for such a structure shall submit certificates of design
compliance obtained by the equipment manufacturers from a nationally
recognized testing laboratory.
F.
The structure shall be equipped with a redundant braking system.
This includes both aerodynamic over speed controls (including variable
pitch, tip and other similar systems) and mechanical brakes. Mechanical
brakes shall be operated in a fail-safe mode. Stall regulation shall
not be considered a sufficient braking system for over speed protection.
G.
Structures shall be white, off-white, gray or another approved natural
color.
H.
Structures shall not be artificially lighted, except to the extent
required by the Federal Aviation Administration.
I.
The applicant must submit documentation from the Lehigh Valley International Airport that the proposed structure does not constitute an obstruction in the Airport Hazard District in Whitehall, and shall further comply with all provisions of § 27-190, Airport zone permits, as amended.
J.
Structures shall not display advertising.
K.
On-site transmission and power lines shall be placed underground
to the maximum extent practicable.
L.
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
M.
Structures requiring guy wires must submit additional information
regarding hazard identification of same.
N.
If a mechanical building is necessary, the building must not exceed
150 square feet in area, and 15 feet in height. This structure must
not be located in any front, side or rear setback area.
O.
A decommissioning plan must be submitted with the application for
conditional use, where the landowner, at his/her expense, agrees to
decommission the structure at the end of its useful life. The end
of the useful life shall be determined when no electricity is generated
for a continuous period of 12 months. The decommissioning plan shall
include removal of the structure and all components and accessory
structures.
P.
The structure shall be subordinate to and located on the same lot
as the principal use which it serves.
Q.
Not more than one such structure shall be located on any one improved
lot.
R.
As part of the plan submission for conditional use approval, a detailed
site plan by a registered design professional must be submitted.
S.
Nothing contained in this specific section shall permit the creation
of a commercial wind farm, which would contain more than one structure.
A commercial wind farm use shall be considered as a conditional use
in the Industrial District, and shall adhere to all provisions contained
herein in addition to any additional conditions or recommendations
imposed by the Planning Commission and the Board of Commissioners
when considering the impact of such a facility on the health, safety
and general welfare of the Township.
T.
The proposed structure height must be clearly identified on the application,
and shall not exceed 100 feet.
U.
The resultant energy harnessed from the wind shall only be used on
the property on which the wind turbine/windmill is located.
[Amended 3-13-2000 by Ord. No. 2219]
All confined/concentrated animal feeding operations
shall be considered as industrial uses and shall adhere to the following:
A.
The minimum lot size for any such proposed operation
shall be 20 acres.
B.
There shall be a minimum buffer yard between any such
use and the nearest residentially used property of 1,000 feet.
C.
All such operations shall maintain a minimum setback
of 500 feet from all property lines.
D.
All such operations shall only be permitted on tracts
which are served with municipal water and sewer.
E.
All such facilities shall adhere strictly to all applicable
State and Federal regulations.
F.
All such uses shall maintain a minimum setback between
buildings of 70 feet.
G.
All setbacks noted herein shall be measured from property
line to property line.
H.
These regulations shall apply to all such operations,
whether housing livestock or fowl.
[1]
Editor's Note: Former § 27-143.1,
Active adult residential community, added 12-11-2006 by Ord. No. 2656,
was repealed 12-10-2007 by Ord. No. 2701.
[Added 8-13-2007 by Ord. No. 2692]
A.
Purpose. The purpose of this conditional use is to
provide housing for "older persons" as that term is defined in the
Federal Fair Housing Act, as amended, in regulations promulgated (or
to be promulgated) thereunder. This use recognizes that compared to
housing that is not age-restricted, the majority of households of
persons aged 55 and older without minor children: do not create burdens
upon the public school system, create little demand for athletic fields,
generate less traffic, involve lower water and sanitary sewage flows
and need fewer parking spaces. This use recognizes the sense of community
and lessened private maintenance responsibilities associated with
homes being located closer together than in most other single-family
home developments not involving a community owner's association.
B.
An adult residence accessory to an existing assisted
living facility use shall be a residential development that meets
the following criteria:
(1)
The tract must be located within the R-5 High
Density Residential District and consist of not less than a total
of five contiguous acres under common ownership or control and be
developed as part of the same adult residential community. Ownership
shall refer to legal and/or equitable ownership.
(2)
The tract must be served by public water and
public sewer.
(3)
The tract must include an existing assisted
living facility.
(4)
The tract restricts the age of its residents
to age 55 and older.
(5)
The tract may include private internal streets
and shall include landscaped buffer areas along public streets.
(6)
The tract is a unified development.
C.
Accessory uses. The following accessory uses shall
be permitted in the active adult residential community.
(1)
Clubhouses, community centers, private outdoor and indoor recreation facilities, areas, and amenities, provided such uses are for the exclusive use of the residents of the adult residential community and their guests, and excluding retail or commercial uses except retail sales to residents or their guests incidental to a clubhouse, social hall, or similar use within the community, provided that sufficient on-site parking exists to support such accessory uses pursuant to Article XII of the Zoning Ordinance.
(2)
No-impact home-based business.
(3)
Administrative offices used for the management
of the community.
D.
Performance standards: dimensional requirements. Section 27-75 and other dimensional requirements of the Zoning Ordinance and of the Subdivision and Land Development Ordinance (SALDO)[1] shall be modified in the following particulars for an
adult residence accessory to an existing assisted living facility:
(1)
An adult residence accessory to an existing
assisted living facility community use shall only be permitted on
tracts of land consisting of parcels totaling not less than five acres
of land under common ownership or control, which are contiguous to
each other and proposed to be combined and developed as part of the
same adult residential community.
(2)
An adult residence accessory to an existing
assisted living facility shall be accessory to an existing assisted
living facility.
(3)
An adult residence accessory to an existing
assisted living facility shall observe a rear yard setback of 25 feet
unless such facility is accessory to an existing use which observes
a lesser rear yard setback, in which case the rear yard setback shall
be not less than that observed by the existing use but in no event
less than 10 feet.
(4)
The minimum density for an adult residence accessory
to an existing assisted living facility shall be at least 1,100 square
feet per dwelling unit.
(5)
The maximum building coverage for all buildings
shall be 45%.
(6)
The minimum separation distance shall be 20
feet between buildings.
(7)
The maximum building height shall be 35 feet
as defined herein.
(8)
Each single-family unit shall have a minimum
of one all-weather paved off-street parking space for automobiles.
E.
Performance standards: miscellaneous.
(1)
An adult residence accessory to an existing
assisted living facility community shall require the community owners'
association (if applicable) to maintain all private streets and other
commonly owned or association owned areas and facilities.
(2)
All internal streets (if any) shall be privately
owned and maintained. Alternative decorative curbing may be permitted
along the private streets within the community. An access easement
over all private streets (if any) shall be granted to the Township
to allow access for emergency and other Township purposes.
(3)
Each dwelling unit shall be served by public
water and public sanitary sewerage facilities.
(4)
To the extent consistent with applicable law,
each dwelling unit in an adult residence accessory to an existing
assisted living facility shall be limited by individual deed restriction
and/or global development covenant, by condition of subdivision and
land development approval, and by any lease: to require occupancy
by at least one person age 55 or older, and to prohibit occupancy
for more than four weeks in any twelve-month time period by anyone
under the age of 19. The Township shall have no obligation whatsoever
to enforce the age restriction provisions set forth herein, but shall
have the right to do so in its sole discretion.
(5)
Each parking space shall enter onto an internal
street or parking court system within the community. No parking space
for a dwelling shall enter directly onto a public street in the Township
unless authorized by the Board of Commissioners.
(6)
All dwelling units shall be maintained in accordance
with applicable Township regulations.
(7)
Wherever there is a conflict between minimum
standards or requirements set forth in this section and those contained
in any other Township ordinance or regulation, this section shall
apply.
