[Ord. 9-94, 4/7/1994, § 201]
For the purposes of this Chapter, words and terms used herein
shall be interpreted as follows:
A.
Words in the present tense shall include the future tense.
B.
"Used" or "occupied," as applied to any land or building, include
the words "intended, arranged or designed to be used or occupied."
C.
"Should" means that it is strongly encouraged but is not mandatory.
"Shall" is always mandatory.
D.
"Sale" shall also include "rental."
E.
The singular shall include the plural and vice versa. The masculine
gender shall include the feminine and neuter, and vice versa.
F.
If a word is not defined in this Chapter, but is defined in the Township Subdivision and Land Development Ordinance (Chapter 22), as amended, the definition in that ordinance shall apply. If a word is defined in both this Chapter and another Township ordinance, each definition shall apply to the provisions of each applicable ordinance.
G.
Any word or term not defined in this Chapter or in the Township Subdivision and Land Development Ordinance (Chapter 22), as amended, shall have its plain and ordinary meaning within the context of the Section. A standard reference dictionary should be consulted.
H.
The words "such as," "includes," "including" and "specifically" shall
provide examples. These examples shall not, by themselves, limit a
provision to the examples specifically mentioned if other examples
would otherwise comply with the provision.
[Ord. 9-94, 4/7/1994, § 202; as amended by Ord.
00-4, 10/19/2000, § 2; by Ord. 2005-4, 6/2/2005, § 2;
and by Ord. 2007-15, 12/6/2007, § 2]
When used in this Chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
The cessation of activity necessary to the operation of a
conditional or nonconforming use for at least 365 consecutive days.
If a nonconforming use of a structure or land is discontinued or abandoned
for 365 consecutive days, the nonconformity shall be deemed abandoned
and any subsequent use of such building or land shall conform to the
regulations of the district in which it is located.
[Added by Ord. No. 2023-05, 5/4/2023]
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a perennial waterway.
See definition of "adjacent."
A privately owned, constructed and maintained vehicular access
roadway accessing more than one dwelling unit or more than one commercial,
institutional or industrial principal use. See also "driveway."
One combined entrance/exit point, or one clearly defined
entrance point separated from another clearly defined exit point.
This term shall not include accessways or driveways that are strictly
and clearly limited to use by only emergency vehicles; such accesses
are permitted by right as needed.
See "accessory structure."
[Amended by Ord. No. 2023-05, 5/4/2023]
A structure which is detached from the principal structure
and is subordinate and accessory to a principal building on the same
lot and which is used for purposes that are clearly customarily incidental
to the use of the principal building. A portion of a principal building
used for an accessory use shall not be considered an accessory structure.
[Amended by Ord. No. 2023-05, 5/4/2023]
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
Equals 43,560 square feet.
A siting authority's grant of a siting application or issuance
of a written decision denying a siting application.
[Added by Ord. No. 2021-12, 11/4/2021]
Includes contiguous lots that share a common lot line or
that are separated only by a street or waterway.
A dwelling that is on a different lot from the subject lot
and which is directly abutting the subject lot or is only separated
by a street or waterway.
A use with a significant portion of the market value of or
total number of items for sale or rent being books, films, magazines,
videotapes, coin- or token-operated films or videotapes, paraphernalia,
novelties or other periodicals which are distinguished or characterized
by a clear emphasis on matter depicting, displaying, describing or
relating to uncovered male or female genitals or specified sexual
activities. This shall include, but not be limited to, materials that
would be illegal to sell to persons under age 18 under state law.
A use providing supervised care and assistance primarily
to persons who are over age 60, mentally retarded and/or physically
handicapped, who need such daily assistance because of their limited
physical abilities, Alzheimer's disease or mental retardation. This
use shall not include persons who need oversight because of behavior
that is criminal or violent. This use may involve occasional overnight
stays but shall not primarily be a residential use. The use shall
involve typical stays of less than a total of 60 hours per week per
person.
A use including live entertainment involving persons (which
may include waiters, waitresses, dancers, clerks, bartenders, contractors
or others) displaying uncovered male or female genitals or nude or
almost nude female breasts or engaging in simulated or actual specified
sexual activities related to some form of monetary compensation paid
to a person, company or organization operating the use or to persons
involved in such activity.
A use involving the presentation typically to three or more
persons at one time of motion pictures, videotapes or similarly reproduced
images distinguished or characterized by an emphasis on depiction
of specified sexual activities for observation by patrons therein
and that is related to some form of monetary compensation by the persons
viewing such matter.
This shall include only the following: adult bookstore, adult
movie theater, massage parlor or adult live entertainment facility/use.
A commercial use or membership club that permits the consumption
of alcohol and is routinely open between the hours of 2:00 a.m. to
4:00 a.m., in addition to any other hours. See State Act 219 of 1990,
which generally prohibits this use.
For the purposes of the wellhead protection provisions of
this Chapter, shall mean those operations which include tilling, cultivation
and raising of livestock and which qualify as earthmoving pursuant
to DEP Chapter 102 Rules and Regulations.
"Crop farming," "plant nursery" and "raising of livestock."
See definition of each.
[Added by Ord. No. 2018-08, 8/2/2018]
An accessory use not customarily associated with an agriculture
use but that which retains a nexus to the agricultural operation that
serves the property as a principal use. Agritainment shall be incidental
to the principal agricultural operation and shall be located on the
same parcel or an adjacent parcel owned by the same person(s) or a
member(s) of their immediate family (spouse, sibling, child, grandchild,
parent, grandparent) including those owned, in whole or in part, by
entities (corporations, LLCs, partnerships) controlled by the operator
of the agricultural operation and the immediate family members thereof,
including associated off-street parking areas on those properties.
Activities conducted on an agricultural operation that are offered
to the public or invited groups for the primary purpose of providing
entertainment and/or recreation experiences. Examples of these activities
include, but are not limited to: agricultural seasonal fairs/festivals;
children's activities; corn and crop mazes; petting zoos; haunted
activities; company picnics; weddings; lawn games; hot-air balloon
rides; bounce pillows; bouncy ball; football, basketball, or baseball
toss or other items at targets; yoga and other fitness activities,
including distance runs/races; slides; mini-golf; ladder golf; duck
races; sand pits; spider webs; tether ball; stationary target paintball;
air or propane cannons shooting apples; nonmotorized vehicles (e.g.,
pedal carts); and other activities that combine an agricultural setting
with entertaining or recreational activities, including agritourism
activities.
Notwithstanding the preceding subsection, agritainment shall
not include: automated rides; carnivals; circuses; rodeos; year-round
fairs and festivals; games of chance; gasoline powered motorized go-carts
or other gasoline-motorized racing vehicles; off-road vehicle driving
areas; guns/firearms shooting ranges; paint ball (excluding target
ranges); catering (providing hot or cold meals and/or refreshments
for off-site consumption for a fee); dog parks; flea markets; organized
sporting events and tournaments; laser tag; flashlight tag; golf courses
and golf driving ranges; zip-lining courses and canopy tours (excluding
zip lines of minimal height and distance strictly intended for children);
swimming pools, water slides and water parks; amusement or theme park
activities; ticketed or paid admission live or recorded amplified
outdoor music concerts or theatrical performances (excluding strolling
characters or haunted characters); any drive-through use; or any use
similar to these prohibited uses, regardless of any agricultural theming,
elements, or connections.
[Added by Ord. No. 2018-08, 8/2/2018]
An accessory use customarily associated with an agriculture
use and incidental to it, located on the same parcel as the principal
agriculture use or an adjacent parcel owned by the same person(s)
or a member(s) of their immediate family (spouse, sibling, child,
grandchild, parent, grandparent), including those owned, in whole
or in part, by entities (corporations, LLCs, partnerships) controlled
by the operator of the agricultural operation and the immediate family
members thereof, including associated off-street parking areas on
those properties.
Activities conducted on an agricultural operation that are offered
to the public or invited groups for the purpose of providing direct
sales, educational, entertainment and/or recreation experiences. Examples
of these activities include, but are not limited to:
Farm markets and stands; Christmas tree farms/cut your own;
pick your own/direct commercial sale operations; food and drink sampling;
sales and concessions; ice cream shops/bakeries; farm dining; breweries,
cideries, distilleries, wineries and other activities that directly
market agricultural commodities produced by the farmer in their natural
or manufactured state and as permitted and protected under the Right
to Farm Act.
Farm tours, seminars, interactive animal displays; youth camps;
school tours; farm-related museums; garden/nursery tours; winery,
brewery, cidery, and distillery tastings; tasting events and tours,
background music (nonpaid admission); agricultural exhibits/tours;
rides pulled by a tractor or other farm equipment, including hayrides
and wagon rides; crop identification programs; nutritional programs;
culinary exhibits; display gardens; cooking contests and other activities
that involve bringing people to a farm to provide education about
farming, food production and farm life.
Notwithstanding the preceding subsection, agritourism shall
not include those uses either permitted or prohibited under the definition
of "agritainment."
An area of land or water or a surface of a building which
is designated, used or intended to be used for the landing and takeoff
of motorized aircraft (other than one-person ultralight aircraft,
which are not regulated by this Chapter) that carry people, and any
related aircraft support facilities such as for maintenance, refueling
and parking. A "public airport" shall be one that does not meet the
definition of a "private airport." A "private airport" shall be one
that is limited to a maximum total of 15 flights and/or takeoffs in
any seven-day period and that is not available for use by the general
public.
A right-of-way providing secondary access to the side or
rear on one or more lots which has a maximum right-of-way width of
20 feet and a minimum cartway width of 12 feet.
Any change or rearrangement in the structural parts or in
the existing facilities of a building or structure, or any enlargement
thereof, whether by extension on any side or by an increase in height,
or the moving of such structure from one location to another.
A device, partially or wholly exterior to a building, that
is used for receiving any type of electronic signals (other than a
satellite dish antenna which is treated separately) or for transmitting
short-wave or citizens' band radio frequencies. This shall include
antennas used by an amateur ham radio operator or by a contracting
business or utility to communicate with its employees but shall not
include a "commercial communications antenna." This includes any accessory
supporting structures.
Land or buildings used for the internment or burial of the
remains of noncremated nonhuman animals. This term shall not include
the following, which shall be a permitted by right accessory use in
any district: the burial of one, two or three animals on a lot of
less than 20 acres; the burial of up to nine animals on a lot of 20
or more acres; and the spreading of remains of animals cremated in
a sanitary fashion.
The same meaning as "veterinarian office."
An apparatus designed for the purpose of emitting radio frequency
(RF) radiation, to be operated or operating from a fixed location
pursuant to Public Utility Commission authorization, for the provision
of personal wireless service and any commingled information services.
[Added by Ord. No. 2021-12, 11/4/2021]
Equipment, switches, wiring, cabling, power sources, shelters,
or cabinets associated with an antenna, located at the same fixed
location as the antenna, and when co-located on a structure, is mounted
or installed at the same time as such antenna.
[Added by Ord. No. 2021-12, 11/4/2021]
An antenna and associated antenna equipment.
[Added by Ord. No. 2021-12, 11/4/2021]
See "dwelling types."
A dwelling unit especially created for and limited to occupancy
by a close relative of the permanent residents of the principal dwelling
unit to provide needed care and supervision to such relative.
The person(s), company, partnership, profit or nonprofit
corporation or trust responsible for a particular application for
an approval or permit under this Chapter and his/her heirs, successors
and assigns.
That part of a building which is immediately below and wholly
or partly within the roof framing.
A commercial area or structure involving indoor or outdoor
space for exhibits, meetings, live performances or sports events,
but not a use that meets the definition of a movie theater, adult
live entertainment use, or standard or fast-food restaurant.
A building or area, other than a street, used for the outdoor
or indoor display, sale or rental of one or more of the following
in operable condition: motor vehicles, recreation vehicles, boat trailers,
farm machinery, motorcycles, trucks, utility trailers, construction
vehicles or boats, or transportable mobile/manufactured homes in a
livable condition. This use may include an auto repair garage as an
accessory use, provided that all requirements of such use are complied
with. This use shall not include a mobile/manufactured home park or
a junkyard.
A building and/or land where repairs, improvements and installation
of parts and accessories for motor vehicles and/or boats are conducted
that involves work that is more intense in character than work permitted
under the definition of "auto service station." An auto repair garage
shall include, but not be limited to, any use that involves any of
the following work: major mechanical or bodywork, straightening of
body parts, painting, welding or rebuilding of transmissions. Any
use permitted as part of an auto service station is also permitted
as part of an auto repair garage, such as a convenience store. This
use shall not include a use meeting the definition of a "truck stop."
A building, lot, structure, or facility having pumps and
storage tanks where fuel, gasoline, oil or other similar products
are dispensed and sold or offered for sale at retail only. The use
may also provide electric charging stations for automobiles. Vehicle
repair service is minor and incidental and shall include accessory
uses such as car washes and convenience stores as defined within this
chapter. This use excludes high-speed diesel fuel pumps.
[Amended by Ord. No. 2023-05, 5/4/2023]
An enclosed floor area partly or wholly underground, other
than a building which is completely underground. A basement shall
be considered a "story" if: a) the majority of the basement has a
clearance from floor to ceiling of six feet or greater; and b) the
top of the foundation of the building is an average of four or more
feet above the finished grade of the front side of the building that
faces onto a street.
The use of a single-family detached dwelling and/or accessory
structure which includes the rental of overnight sleeping accommodations
and bathroom access for a maximum of 10 temporary guests at any one
time, and which does not provide any cooking facilities or provision
of meals for guests other than breakfast. This use shall only include
a use renting facilities for a maximum of seven days in any month
to any person(s) and shall be restricted to transient visitors of
the area.
A use where lawful gambling activities are conducted, including,
but not limited to, off-track parimutuel betting. This term shall
not include betting under the state lottery programs or betting under
the "small games of chance" provisions of state law, which shall instead
be regulated under the regulations applicable to the principal use
of the property (such as a "membership club").
A type of off-premises sign with any total sign area greater
than 50 square feet. See definition of "off-premises sign."
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives.
The Board of Supervisors of Upper Macungie Township.
A residential use in which: a) two or more individual rooms
that do not meet the definition of a dwelling unit are rented for
habitation; or b) a dwelling unit includes greater than the permitted
maximum number of unrelated persons. A boardinghouse shall not include
a use that meets the definition of a hotel, dormitory, motel, life
care center, personal care center, bed-and-breakfast use, group home
or nursing home. A college fraternity or sorority house used as a
residence shall be considered a type of boardinghouse. A boardinghouse
may either involve or not involve the providing of meals to residents.
This use shall only involve renting living accommodations for minimum
periods of five consecutive days.
See "manufacture."
[Added by Ord. No. 2022-13, 9/1/2022]
A strip of land that: a) separates one use from another use
or feature; and b) is not occupied by any building, parking, outdoor
storage or any use other than open space or approved pedestrian pathways.
A buffer yard may be a part of the minimum setback distance, but land
within an existing or future street right-of-way shall not be used
to meet a buffer yard requirement.
Any structure having a permanent roof and intended for the
shelter, work area, housing or enclosure of persons, animals, vehicles,
equipment or materials and that has a total area under roof of greater
than 50 square feet. Any structure involving a permanent roof (such
as a covered porch, deck, or a carport) that is attached to a principal
building shall be considered to be part of that principal building
and not an accessory structure.
[Amended by Ord. No. 2020-08, 7/9/2020; and by Ord. No. 2023-05, 5/4/2023]
The percentage obtained by dividing (a) the maximum horizontal
area in square feet of all principal and accessory buildings and attached
structures covered by a permanent roof on a lot by (b) the total lot
area of the lot upon which the buildings are located.
A building used for the conduct of the principal use of a
lot, and which is not an accessory building.
The horizontal measurement between the two most distant portions,
other than portions measured diagonally, of any one building or of
attached buildings.
See "setback line."
The horizontal measurement between two structural walls that
are generally parallel of one building, measured in one direction
that is most closely parallel to the required lot width. For attached
housing, this width shall be the width of each dwelling unit, measured
from the center of each interior wall and from the outside of any
exterior wall. For a single-family detached dwelling, this width shall
be measured from the outside of exterior walls.
A use involving the bulk commercial collection, separation
and/or processing of types of waste materials found in the typical
household for some productive reuse, but which does not involve the
actual processing or recycling of hazardous or toxic substances, and
which does not primarily involve the processing of nonrecycled solid
waste, unless the use also meets the applicable requirements for a
solid waste transfer facility. This definition shall not include a
"junkyard."
Storage beyond what is reasonably needed for customary use
on site. This includes storage of substances intended to be sold or
resold for use off site.
An establishment within a building that provides services
to other businesses. Examples of these services include: computer-related
services (rental, repair), copying and quick-printing services, mailboxes
and/or security systems services.
[Added by Ord. No. 2022-13, 9/1/2022]
A use that is primarily recreational in nature that involves
the use of tents or sites leased for recreational vehicles for transient
and seasonal occupancy by persons recreating or travelers, or the
use of tents or cabins for seasonal occupancy by organized groups
of persons under age 18 and their counselors.
Limestone or dolomite rock formations formed by carbonate
deposition in shallow sea waters.
A roofed building intended for the storage of one or more
motor vehicles, but which is not enclosed on all sides by walls or
doors. If any portion of a carport is attached to a principal building,
it shall be considered to be part of that building.
The paved portion of a street designed for vehicular traffic
and on-street parking but not including the shoulder of the street.
Land or buildings used for the burial of deceased humans,
but not animals. The internment or scattering of remains of properly
cremated humans is not regulated by this Chapter.
Includes chairman, chairwoman, chair and acting chairperson
(when applicable).
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale of trees from November 15 to December 30 that were produced on
the premises.
In a karst area, a distinctive bowl-shaped depression in
the land surface. It is characterized by internal drainage, varying
magnitude and an unbroken ground surface.
A logging method that removes all trees or the vast majority
of all trees from a tract of land or a portion thereof.
See "sight distance triangle."
A residential development meeting all of the requirements
of Part 9.
An establishment that primarily serves coffee or similar
brewed beverages of various types (e.g., espresso, latte, cappuccino).
[Added by Ord. No. 2022-04, 4/7/2022]
Mounting or installing an antenna facility on a preexisting
structure; and/or modifying a structure for the purpose of mounting
or installing an antenna facility on that structure.
[Added by Ord. No. 2021-12, 11/4/2021]
A structure, partially or wholly exterior to a building,
used for transmitting or retransmitting electronic signals and that
does not meet the definition of an "amateur radio antenna." Commercial
communications antenna include, but are not limited to, antenna used
for transmitting commercial radio or television signals, or to receive
such signals for a cable system or for retransmitting cellular telephone
communications.
The HC and NC Zoning Districts.
See "forestry, commercial."
A use that: a) has a total building coverage of less than
15%; b) is used principally for active or passive recreation (such
as a driving range); and c) is used for a profit-making purpose.
See "racetrack."
Includes retail sales, offices, personal services, auto sales,
auto repair garages and other uses of a similar nature. The sale of
goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
The Planning Commission of Upper Macungie Township.
See "open space, common."
A noncommercial use that exists solely to provide leisure
and educational activities and programs to the general public or certain
age groups. The use also may include the noncommercial preparation
and/or provision of meals to low-income elderly persons. This shall
not include residential uses or a treatment center.
The collection and processing of vegetative material to allow
it to biologically decompose under controlled anaerobic or aerobic
conditions to yield a humus-like product.
The document entitled "the Upper Macungie Township Comprehensive
Plan," or any part thereof, adopted by the Board of Supervisors, as
amended.
A use which is allowed or denied by the Board of Supervisors
within the provisions of Part 1, after review by the Planning Commission.
A set of individual dwelling units or other areas of buildings
each owned by an individual person(s) in fee simple, with such owners
assigned a proportionate interest in the remainder of the real estate
which is designated for common ownership, and which was created under
the Pennsylvania Unit Property Act of 1963 or is/was created under
the Pennsylvania Uniform Condominium Act of 1980, as amended.
The area surrounding a pumping well within which the water
table elevation has been lowered due to groundwater withdrawal.
A complex of one or more buildings or structures located
on a tract or contiguous tracts of land associated by condominium
agreement, wherein there may be daytime and nighttime meetings or
conference accommodations as well as indoor and outdoor areas available
for scheduled uses by identified persons or groups, who may be charged
or who may charge a fee for attendance at such affairs or events.
A conference center shall include a hotel; provide facilities
such as meeting and conference rooms; displays, exhibits and show
rooms as well as banquet and food service facilities. It may also
include one of the following uses: retail sales shops associated with
and related to permitted conference center uses; areas for live entertainment,
sports events, stage and screen performance; and restaurants and cocktail
lounges which may be separated from either the hotel or conference
center complex and which may be owned and managed independently as
a separate legal entity. Should there be separate ownership and/or
management either by condominium, leases, or written recorded agreements,
there shall be coordination of the activities which shall be scheduled
to be held within the physical components of the complex between such
entity relationships. These uses shall be an integral part of the
complex, with the hotel either being a freestanding structure or integrated
within the conference center structure.
The permitted uses as herein set forth shall not include an
after hours nightclub, or adult entertainment or parlor betting, gaming
or gambling. The uses permitted within the convention facilities shall
not include flea markets, exhibits or retail sales not associated
with and related to such permitted uses.
A conference center complex shall have not less than 500 feet
of frontage on a major arterial street with the access point for entry
to the conference center to be located not more than 2,000 feet from
the center of an interchange or intersection with another expressway
or major arterial street as identified by the Township Street Classification
Map.
The Lehigh County Conservation District.
A legal agreement granted by a property owner that strictly
limits the types and amounts of development that may take place on
such property. Such easement shall restrict the original and all subsequent
property owners, lessees and all other users of the land. To meet
a requirement of a Township ordinance, such easement shall run for
a minimum period of 99 years, unless a longer period is specified.
Such easement shall be recorded in the Recorder of Deeds office in
Lehigh County. At a minimum, any conservation easement established
to meet a requirement of a Township ordinance shall restrict uses
of the land in a manner closely similar to all of the following:
The vast majority of the land shall be preserved in a near-natural
or landscaped state or for agricultural uses.
No new principal buildings may be constructed on the lot, other
than for noncommercial recreation or as necessary to support on-site
agricultural activities.
The land shall not be used for any mineral extraction, commercial
or industrial activities, other than agriculture or the growing of
trees and plants for replanting or for Christmas tree sales.
The land affected by the conservation easement shall not be
further subdivided.
Currently forested areas shall be maintained as forests, with
only carefully selective cutting of trees in such as a way as to preserve
the character of such lands as forested lands, without any clear-cutting.
An erosion and sedimentation control plan prepared for agricultural
properties as required by Chapter 102 of the DEP Rules and Regulations
and as reviewed and approved by the Conservation District.
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position and/or
the demolition of a preexisting building.
[Amended by Ord. No. 2023-05, 5/4/2023]
A use that primarily engages in the provision of frequently
or recurrently needed goods for household consumption, such as prepackaged
food and beverages, newspapers, and limited household supplies, to
customers who generally purchase only a few items.
These establishments may include the sale of beer and wine in
unopened containers for off-premises consumption. The sale of products
other than beer and wine shall comprise at least 51% of the gross
sales of the establishment, and at least 51% of the total display
or shelf space is devoted to products other than beer and wine.
Convenience stores may be accessory to auto service stations,
as defined in this chapter. When a convenience store and/or car wash
are proposed as accessory uses to an auto service station, parking
requirements shall be based on both the principal and accessory uses.
A convenience store with seating intended for dining for 10
or more patrons shall meet the specific requirements of a restaurant
and shall provide additional parking based on restaurant parking requirements.
To change or adapt land or structures to a different use.
The County of Lehigh, Commonwealth of Pennsylvania.
The Lehigh Valley Planning Commission, (LVPC).
[Amended Ord. No. 2020-08, 7/9/2020]
The cultivating, raising and harvesting of products of the soil and the storage of these products produced on the premises. The definition of crop farming shall also include orchards and Christmas tree farms, but shall not include animal husbandry, commercial forestry, riding academies or kennels. If a crop farming lot includes more than 15 acres, it may also include the keeping of up to 10 additional animals as a permitted accessory use, in addition to what is permitted under the "keeping of pets" in Subsection 4J of § 27-403.
A use involving the bulk storage of crops grown by numerous
farmers as a wholesale use.
A building and/or land open to the public which primarily
contains exhibits of clearly artistic or cultural interest, such as
a museum, library, art gallery or indoor nature study area. This shall
not include uses that are primarily commercial in nature.
A proposed zoning amendment made to the Board of Supervisors
by any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which he has an interest.
A use involving the supervised care of children under age
16 outside of the children's own home primarily for periods of less
than 18 hours during the average day. This use may also include educational
programs that are supplementary to state-required education, including
a "nursery school." The following three types of day care are permitted
without regulation by this Chapter: a) care of children by their own
relatives; b) care of children within a place of worship during regularly
scheduled weekly religious services; and c) care of one to three children
within any dwelling unit, in addition to children who are relatives
of the caregiver. See also the definition of "adult day-care center."
CHILD DAY-CARE CENTER, AS AN ACCESSORY USEA type of day-care use that provides care for six or fewer children at one time who are not relatives of the caregiver. See § 27-403.
CHILD DAY-CARE CENTER, AS A PRINCIPAL USEA type of day-care use that provides care for seven or more children at any one time who are not relatives of the primary operator. See § 27-402.
Calendar days.
The total number of dwelling units proposed on a lot divided
by the "lot area," unless otherwise stated.
The Pennsylvania Department of Environmental Protection,
or its successor, and its relevant subparts.
Placement, construction, or modification of a personal wireless
service facility.
[Added by Ord. No. 2021-12, 11/4/2021]
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
A basin designed to retard stormwater runoff by temporarily
storing the runoff and releasing it at a predetermined rate through
a defined outlet structure.
A facility which produces spirits through distillation for
consumption, the sales and distribution of which are subject to regulation
by the Pennsylvania Liquor Control Board. A distillery, for the purposes
of this section, includes, fermenting, distilling, bottling, blending,
bulk and bottle storage, aging, shipping, receiving, laboratory equipment
and maintenance facilities, sales, administrative office functions,
and may include tasting and promotional events.
[Added by Ord. No. 2022-04, 4/7/2022; amended by Ord. No. 2022-13, 9/1/2022]
A land area within the Township within which certain uniform
regulations and requirements apply under the provisions of this Chapter.
A principal or accessory building that includes residential
areas occupied exclusively by faculty or students of an accredited
college or university or state-licensed teaching hospital or accredited
public or private primary or secondary school.
A privately owned, constructed and maintained vehicular access
from a street or access drive to only one dwelling unit, commercial
unit, institutional or industrial principal use. See also "access
drive."
Any area used for solid waste disposal that does not operate
under a valid solid waste permit issued by DEP and that is not a permitted
junkyard under this Chapter.
A building used as nontransient living quarters, but not
including a boardinghouse, hotel, motel, hospital, nursing home or
dormitory. A dwelling may include a use that meets the definition
of a "sectional home." This Chapter categorizes dwellings into the
following types:
CONVERSION APARTMENTA new dwelling unit created within an existing building within the standards of Part 4 and where permitted by Part 3 and meeting the floor area requirements of Part 8.
APARTMENTS (GARDEN APARTMENTS)Three or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls. The individual dwelling units may be leased or sold for condominiums.
[Amended by Ord. 2013-1, 3/7/2013]
(Reserved)[2]
SECTIONAL or MODULAR HOMEA type of dwelling that meets a definition of "single-family detached dwelling," "single-family semidetached dwelling," "townhouse" or "garden apartment" that is substantially but not wholly produced in two or more major sections off the site and then is assembled and completed on the site, and that does not meet the definition of a "mobile/manufactured home" and that is supported structurally by its exterior walls and that rests on a permanent foundation.
SINGLE-FAMILY DETACHED DWELLINGOne dwelling unit in one building accommodating only one family and having open areas on all sides.
MOBILE/MANUFACTURED HOMEA type of single-family detached dwelling that meets all of the following requirements: a) is transportable; b) is designed for permanent occupancy; c) is contained in a single piece, or two substantial pieces designed to be joined into one integral unit capable of again being separated for repeated towing; d) which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations; e) is constructed so that it may be used with or without a permanent foundation; f) is not a "recreation vehicle" and g) includes a minimum of 300 square feet of interior floor space. The terms "mobile home" and "manufactured home" have the same meaning. See the above definition of "sectional home."
SINGLE-FAMILY SEMIDETACHED DWELLINGOne dwelling unit accommodating one family that is attached to and completely separated by a vertical unpierced fire-resistant wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. This use is commonly known as 1/2 of a duplex or 1/2 of a twin home. Each unit may or may not be on a separate lot.
TOWNHOUSEA single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof, and with a yard or public way on at least two sides. Townhouses are also commonly referred to as "row houses" or "single-family attached dwellings."
[Amended by Ord. 2013-1, 3/7/2013]
TWO-FAMILY DETACHED DWELLINGTwo dwelling units accommodating one family each, with both dwelling units within a single building on a single lot and without the dwelling units being completely separated by a vertical wall. The building shall have two side yards.
A single habitable living unit occupied by only one family.
See definition of "family." Each dwelling unit shall have: a) its
own toilet, bath or shower, sink, sleeping and cooking facilities
and b) separate access to the outside or to a common hallway or balcony
that connects to outside access at ground level. No dwelling unit
shall include a separate living area that is completely separated
by interior walls so as to prevent interior access from the remainder
of the living area.
Authorization by a property owner for the use by another,
and for a specified purpose, of any designated part of the owner's
property.
A building for the housing of fire, emergency medical or
police equipment and for related activities. A membership club may
be included if it is a permitted use in that district. This may include
housing for emergency personnel while on-call.
The highest number of workers (including both part-time and
full-time, both compensated and volunteer, and both employees and
contractors) present on a lot at any one time, other than clearly
temporary and occasional persons working on physical improvements
to the site.
A document authorized by the Pennsylvania Worker and Community
Right-to-Know Act which, if required by the Department of Labor and
Industry for a facility, describes the hazardous substances emitted,
discharged or disposed of from the workplace.
The United States Environmental Protection Agency, or its
successor agency or department.
Utility or municipal uses that are necessary for the preservation of the public health and safety and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 27-306. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, commercial communications towers, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight rooms, exercise equipment, nonhousehold
pool and racquetball courts.
An antenna facility or a structure that is used for the provision
of wireless service, whether such service is provided on a stand-alone
basis or commingled with other wireless communications services.
[Added by Ord. No. 2021-12, 11/4/2021]
One or more persons living in a single dwelling unit and functioning as a common household unit. A family shall include a maximum of four persons who are not "related" to each other (see definition in Part 2). See the group home provisions of § 27-402, which allow a greater number of unrelated persons in certain circumstances. A treatment center shall not be considered a family or a group home. For a use involving greater numbers of unrelated persons, see "boardinghouse" or "institutional group home."
A man-made barrier placed or arranged as a line of demarcation,
an enclosure or a visual barrier that is constructed of wood, chain-link
metal, vinyl or aluminum and/or plastic inserts. Man-made barriers
constructed principally of masonry, concrete, cinder block or similar
materials shall be considered a "wall." The term "wall" does not include
engineering retaining walls, which are permitted uses as needed in
all districts. The terms "fence" and "wall" do not include hedges,
trees or shrubs.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public, and that may include automatic transaction machines.
A lot or parcel created by subdivision which:
[Added by Ord. No. 2022-13, 9/1/2022]
A narrow strip or projection of land extending from the public
right-of-way to the buildable portion of a flag lot.
[Added by Ord. No. 2022-13, 9/1/2022]
See definitions in Part 10 of this Chapter entitled "Floodplain Regulations."
The total floor space within a building(s) measured from
the exterior faces of exterior walls or from the center lines of walls
separating buildings. Floor area shall specifically include, but not
be limited to: a) fully enclosed porches and b) basement or cellar
or attic space that is potentially habitable and has a minimum head
clearance of at least 6.5 feet. Floor area specifically shall not
include the following: a) elevator shafts; b) common stairwells or
c) unenclosed porches, decks or breezeways.
The harvesting of more than 25 live trees with a trunk width
of six inches or more at a height 4.5 feet above the average ground
level on any tract or lot within a calendar year. This term shall
not apply to the following, which are permitted by right uses in all
districts: a) routine "thinning of woods" involving dispersed selective
cutting of trees that involve less than 20% of all trees on one or
more abutting lots with a trunk width of greater than six inches;
b) cutting of trees with a trunk width less than six inches; c) cutting
of fewer than 25 such trees in a calendar year; d) Christmas tree
farms; or e) clearing of portions of a lot that is clearly the minimum
necessary for construction.
Linear features in bedrock caused by erosion along fractures
or zones of fractures and readily visible on aerial photographs.
Type of boardinghouse, regulated as such, which is occupied
by organized groups of higher education students, and which is officially
recognized as a fraternity or sorority by such institution.
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a dwelling, except as may be
allowed as a home occupation. The rental to a person who does not
reside on the property of storage space that would accommodate more
than two cars or for commercial purposes shall be regulated as a business
use.
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 27-403.
See under "dwellings."
Transient surface water bodies formed in sinks and closed
depressions after heavy precipitation, due to poor internal drainage.
This poor drainage may be due to residual clay remaining after solution
of limestone minerals.
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
An outdoor area used for the game of golf, with a minimum
of nine holes, each requiring a player to hit a ball at least 100
feet. This use may also include a clubhouse, swimming pools, tennis
courts, golf equipment sales and similar facilities as accessory uses.
A use owned by a government, government agency or government
authority for valid governmental purpose, and which is not owned by
Upper Macungie Township. This shall not include uses listed separately
in the table of uses in Part 3, such as publicly owned recreation.
The mean curb level, unless otherwise noted. When a curb
level has not been established, grade shall mean the average finished
ground elevation adjoining the buildings.
A use that specializes in the sale of food, both fresh and
prepackaged, as well as nonfood household goods. Typical items for
sale include paper products, cleaning products, over-the-counter medication,
fresh produce, meats, dairy products, baked goods, and canned, frozen
and prepared foods.
[Added by Ord. No. 2023-05, 5/4/2023]
See "lot area, gross."
The use of any lawful dwelling unit which meets all of the
following criteria:
Involves the care of the maximum number of persons permitted by the group home standards of § 27-402 and meets all other standards of such section.
Involves persons functioning as a common household unit.
Involves providing nonroutine support services and oversight
to persons who need such assistance to avoid being placed within an
institution, because of physical disability, old age, mental retardation
or other handicap[3] as defined by applicable federal law.
Does not meet the definition of a treatment center.
Does not involve the housing or treatment of persons who could
reasonably be considered a threat to the physical safety of others.
A product or waste, or combination of substances that because
of the quantity, concentration, physical, chemical or infectious characteristics,
if not properly treated, stored, transported, used or disposed of,
or otherwise managed, would create a potential threat to public health
through direct or indirect introduction into the air, surface waters,
groundwater resources and the subsurface environment which includes
the soil and all subsequent materials located below. Such hazardous
material includes, but is not limited to, materials which may be included
on one or more of the following lists, or their successor lists:
CFR, Part 1910, Subpart Zth Act, 29 CFR, Part 1910, Subpart Z — Extremely Hazardous Substance List.
American Conference of Governmental Industrial Hygienists, Threshold
Limit Values for Chemical Substances and Physical Agents in the Work
Environment (latest edition).
National Toxicology Program, Annual Report on Carcinogens (latest
edition).
International Agency for Research on Cancer Monographs (latest
edition).
Commonwealth of Pennsylvania Department of Labor and Industry,
Hazardous Substance List (latest edition).
"Hazardous substances" defined pursuant to § 311 of
the Federal Clean Water Act.
"Toxic materials" defined pursuant to § 307 of the
Federal Clean Water Act;
"Hazardous wastes" defined pursuant to Chapter 75 of DEP Rules
and Regulations.
"Hazardous wastes" defined pursuant to § 101 of the
Federal Resource Conservation and Recovery Act.
A document required by the Pennsylvania Worker and Community
Right-to-Know Act which provides a listing of all hazardous substances
found in the workplace.
Height shall be measured as the vertical distance derived from the average finished grade at the foundation corners of the building or structure to the highest point of the building or structure, excluding a chimney or other similar structure. See exemptions for certain types of structures in § 27-802. For height of signs, see Part 8, entitled "Signs."
[Amended by Ord. 2013-1, 3/7/2013]
An area used for the takeoff and landing of helicopters,
together with any related support facilities such as for maintenance,
refueling and storage. This Chapter is not intended to regulate the
nonroutine emergency landing and takeoff of aircraft to pickup seriously
injured or ill persons.
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public. This is also known as a "helistop."
PUBLIC HELIPORTA heliport that does not meet the definition of a "private heliport."
A routine, accessory and customary nonresidential use conducted
within or administered from a portion of a dwelling or its permitted
accessory building, that:
Is conducted primarily by a permanent resident of the dwelling.
Meets the definition, standards and limitations of a "general home occupation" or a "light home occupation" within the following definitions and § 27-403.
Only includes uses that are clearly incidental and secondary
to the principal residential use.
Does not include any retail or wholesale sales on the premises
(other than over the phone and through the mail) nor any industrial
use (other than custom crafts and sewing).
See list of prohibited home occupations in § 27-403.
GENERAL HOME OCCUPATIONA type of home occupation that:
Only involves persons working on the premises who are permanent
residents of the dwelling plus a maximum of one nonresident working
on the premises at any one point in time.
Does not meet the definition and standards of a "light home
occupation."
Meets the standards of § 27-403.
|
(NOTE: This use typically requires approval by the Zoning Hearing
Board under Part 3.)
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LIGHT HOME OCCUPATIONA type of home occupation that:
Only involves persons working on the premises or routinely operating
from the premises, who are permanent residents of the dwelling.
Does not involve more persons regularly visiting the premises for business purposes than specified in § 27-403, but instead primarily involves the operator visiting clients at their home or business.
Is limited to only the following types of activities:
Office-type work (such as writing, editing, drafting, tax preparation,
computer programming and computer data inputting).
Clerical work (such as typing, stenography, addressing and sending
mail).
Custom sewing and fabric crafts.
Creation of visual arts (such as painting, sculpture or wood
carving).
Sales and surveys over the phone.
Meets the standards of § 27-403.
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(NOTE: This use typically does not require Zoning Hearing Board
approval under Part 3.)
|
A facility that provides support services for terminally
ill persons, but that does not primarily involve highly skilled medical
care. Such use may occur within a hospital, personal care center or
group home. However, if the use involves care of persons with illnesses
that can be contagious through the air or casual conduct, the use
shall be limited to within a hospital or nursing home.
A use involving the diagnosis, treatment or other medical
care of humans that includes, but is not limited to, care requiring
stays overnight. A medical care use that does not involve stays overnight
shall be considered a "medical office or clinic." A hospital may involve
care and rehabilitation for medical, dental or mental health, but
shall not primarily include housing or treatment of the criminally
insane or persons actively serving an official sentence after being
convicted of a felony. A hospital may also involve medical research
and training for health care professions. A hospital may include a
hospice for care of the terminally ill.
A building or buildings including rooms rented out to persons
as clearly transient and temporary living quarters. Any such use that
customarily involves the housing of persons for periods of time longer
than 30 days shall be considered a boardinghouse and shall meet the
requirements of that use. See also bed-and-breakfast use. A hotel
or motel may include a restaurant, nightclub, newsstand or tavern,
provided that such uses are clearly accessory to the principal use
of overnight accommodations.
The total area of all impervious surfaces on a lot (including
building coverage) divided by the total lot area.
Areas being voluntarily dedicated as common open space may be
included in the acreage for determining impervious coverage of an
adjoining lot.
The nonimpervious coverage may be partially or wholly met by
land that abuts the use, even if such land is in a different zoning
district, an adjoining municipality and/or an abutting lot, if such
land will be deed restricted as permanent open space and be so clearly
stated on official recorded plans. In such case, such land shall be
properly maintained by the abutting use.
Area covered by roofs, concrete, asphalt or other man-made
cover which has a coefficient of runoff of 0.7 or higher. The Township
Engineer shall decide any dispute over whether an area is "impervious."
Includes the LI, LI(L), GI and RT Districts.
Includes manufacturing, distribution, warehousing and other
operations of an industrial and not primarily of a commercial, institutional
or residential nature.
A bored, drilled, driven or dug well for the emplacement
of fluids into the ground, but not including: a) drilling muds and
similar materials used in well construction or b) a routine heat pump
or electric heat exchange system serving a building.
A use that treats persons who primarily need such treatment
because of addictions to alcohol and not because of criminal activity.
This use shall be primarily for inpatient care but may include outpatient
care as a clearly accessory use.
A use which would otherwise meet the definition of a group home except that it includes more residents than permitted by the group home standards of § 27-402. Such use may or may not occur within a dwelling unit.
Any discarded, unusable, scrap or abandoned man-made or man-processed material or articles, such as the following types: metal, furniture, appliances, motor vehicle parts, aircraft, glass, plastics, machinery, equipment, containers and building materials other than materials permitted under Subsection 5 of § 27-306. Junk shall not include: a) solid waste that is temporarily stored as is customary in an appropriate container that is routinely awaiting collection and disposed of in a manner consistent with state regulations; b) toxic wastes; c) grass clippings, leaves or tree limbs; or d) items clearly awaiting imminent recycling at an approved recycling use.
Includes any vehicle or trailer that meets any of the following
conditions:
Cannot be immediately moved under its own power, in regards
to a vehicle designed to move under its own power, other than a vehicle
clearly needing only minor repairs.
Cannot be immediately towed, in regards to a vehicle designed
to be towed.
Has been demolished beyond repair.
Has been separated from its axles, engine, body or chassis.
Includes only the axle, engine, body parts and/or chassis, separated
from the remainder of the vehicle.
Land or a structure used for the collection, storage, dismantling,
processing and/or sale, other than within a completely enclosed building,
of material of one or more of the following types:
Junk (see definition).
A greater number of junk vehicles than is permitted under § 27-604 that are partly or fully visible from an exterior lot line, dwelling and/or public street. This shall not apply to such vehicles allowed to be stored within the specific requirements of an auto repair garage or auto service station.
One or more mobile/manufactured homes that are not in a habitable
condition.
Junk stored within a completely enclosed building for business
purposes shall be considered a warehouse and shall be regulated as
a warehouse.
A type of topography characterized by closed depressions
or sinkholes, caves, rock pinnacles and underground drainage, resulting
from solution of limestone and dolomite bedrock.
The keeping of a greater number of dogs or cats on a lot
or within a dwelling unit beyond that number permitted under the "keeping
of pets" or the "crop farming" provisions of this Chapter. A nonprofit
animal shelter is a type of kennel.
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively; or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; or a subdivision of land. Requirements for applications associated with Land Development applications are regulated by Chapter 22, Subdivision and Land Development.
[Added by Ord. 2017-4, 6/1/2017; amended by Ord. No. 2021-12, 11/4/2021]
Any land development that, because of its character, magnitude,
or location, will have substantial effect upon the health, safety,
or welfare of citizens in more than one municipality.
[Added by Ord. No. 2022-13, 9/1/2022]
The owner of a legal or equitable interest in land, including
the holder of a written, signed and active option or contract to purchase
or a person leasing the property (if authorized under the lease to
exercise the right of the landowner and if such lease is for a remaining
period of at least 12 months) or authorized officers of a partnership
or corporation that is a "landowner." A person who has clearly received
formal notarized powers of attorney relating to a landowner or the
executor of an estate that is the landowner may act in the capacity
of the landowner, if legally authorized.
A sewage disposal facility which is designed to discharge
directly to the soil profile, whether natural or enhanced, and which
has a design capacity in excess of 10,000 gallons per day.
A sewage disposal facility which is designed to treat wastewater
with ultimate disposal of effluent being to the land surface via a
spray mechanism and which is designed for more than 2,000 gallons
per day.
See "cultural center."
A residential use designed and operated exclusively for adults
of 55 years of age or older and/or physically handicapped persons
that includes a nursing home and certain limited support facilities
intended specifically to serve the needs of these residents.
For the purposes of the wellhead protection provisions of
this Chapter, shall mean the following: industrial, commercial, public
or retail establishments which engage in manufacturing, fabrication
or service activities and which appear on the following list:
Bulk agricultural products dealers and distributors.
Mining, quarrying.
Highway deicing material storage.
Textile and apparel products.
Lumber and wood preserving.
Printing and publishing.
Chemical products.
Leather products.
Mineral products; glass and cement.
Metal products.
Machine shops.
Electronics and electronic equipment.
Transportation maintenance.
Scrap trade and metal container recyclers.
Chemical and petroleum storage and sales.
Automotive repair, services and related parking.
Personal Services. Laundry, pest control and photofinishing.
Repair Services. Furniture, welding and septage services.
Amusement and recreation.
Educational, medical and engineering laboratories.
Illumination that passes from the source through a translucent
cover or shade.
The conversion of an existing single-family detached dwelling into a light business use, as specified in the standards for such use in § 27-402.
The street right-of-way line. This shall be the future street
right-of-way line, if one is required to be established.
The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under the "keeping of pets" section of § 27-403 and beyond what is allowed within the definition of "crop farming." For the purposes of this Chapter, the "keeping of livestock" shall have the same meaning as "animal husbandry." Raising of livestock shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
An area of a building, specifically an opening up to 10 feet
wide in an exterior wall where goods are loaded or unloaded.
[Added by Ord. 2017-4, 6/1/2017]
A contiguous separate parcel of land that is recorded or
that will be recorded after Township final subdivision approval in
the office of the County Recorder of Deeds. A parcel under common
ownership that is completely separated into two parts by a public
street shall be considered to be one tract but two lots.
A lot abutting on two or more intersecting streets which
has an interior angle of less than 135° at the intersection of
right-of-way lines of two streets. A lot abutting upon a curved street
or streets shall be considered a "corner lot" if the tangent to the
curve at the points beginning within the lot or at the points of intersection
of the side lot lines with the street lines intersect at an angle
of less than 135°.
An irregularly shaped lot characterized by an elongated extension from a street to the principal part of the lot. The flag shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel. See § 27-801.
A lot other than a corner lot.
A lot which has resulted from the merger of two or more abutting nonconforming parcels of land that were held under single ownership. See § 27-806, which restricts such parcels from being sold separately.
A lot that abuts two approximately parallel streets but only
has access onto one street.
A lot that abuts two approximately parallel streets.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet).
For the purposes of determining compliance with the minimum
lot area, the following shall be excluded:
Areas within the future or existing legal rights-of-way of: a) any proposed or existing public streets or alleys or b) any proposed or existing commonly maintained private streets that serve more than one lot. (NOTE: Proposed streets are not required to be excluded in determining density of apartments or townhouses under § 27-402.)
Areas that are currently or will be required to be dedicated as common open space on a separate lot. (NOTE: Proposed common open spaces are not required to be excluded in determining density of apartments or townhouses under § 27-402.)
For lots for single-family detached or single-family semidetached dwellings, 50% of the areas within rights-of-way intended for overhead electrical lines of 35 kilovolts or higher capacity shall not be counted towards the minimum lot area. For townhouses and apartments, see § 27-402.
The total land area contained within the lot lines of all
lots within a proposed development, not including existing legal rights-of-way
of existing public streets.
The average horizontal distance between the front and the
rear lot lines, measured through the approximate center of the lot.
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SAMPLE LOT CONFIGURATIONS: NUMBERS CORRESPOND TO THE FOLLOWING
DEFINITIONS
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The property lines bounding the lot. Wherever a property
line borders a public street, the lot line shall be considered to
be the existing street right-of-way.
FRONT LOT LINE (STREET LINE) — A lot line separating the lot from the future street right-of-way.
REAR LOT LINE — A lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)
SIDE LOT LINE — Any lot line other than a front or rear lot line.
[Amended by Ord. 2010-6, 8/19/2010]
The horizontal distance between the side lot lines measured
at the minimum prescribed front yard setback line, unless otherwise
stated. In the event of a curved lot line, the lot width shall be
measured using a straight line from end to end.
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The wholesale of lumber products, such as dimensional lumber, sheathing materials, wooden beams, posts, trim and finish products, such as windows, doors, hardwood flooring and handrails. Also offered for sale may be fasteners such as screws, nails, trussplates and similar items. A lumberyard may also include planing, milling, cutting and shaping of wood and wood products for use in construction, including the assembly of floor and roof trusses. Outdoor storage of lumber and lumber products shall be permitted as provided for in Subsection 4I of § 27-403 of this chapter.
Any natural body of water having a tributary area greater
than 100 acres.
[Added by Ord. 2010-6, 8/19/2010]
The making, with substantial use of machinery, of some physical
product for sale, and/or associated assembly, fabrication, cleaning,
testing, processing, recycling, packaging, conversion, production,
distribution and repair, with substantial use of machinery, of products
for sale. This term shall not include the following: retail sales,
personal services, solid waste disposal facility, trucking company
terminal, mineral extraction, or petroleum or kerosene refining or
distillation.
The performance of manipulative exercises using the hands
and/or a mechanical or bathing device on a person's skin other than
the face or neck by another person(s) that is related to certain monetary
compensation, and which does not involve persons who are related to
each other by blood, adoption, marriage or official guardianship.
An establishment that meets all of the following criteria:
Massages are conducted.
The person conducting the massage is not licensed as a health
care professional or a licensed massage therapist by the state.
The massages are not conducted within a licensed hospital or
nursing home or an office of a medical doctor or chiropractor.
The massages are conducted within private or semiprivate rooms.
The use is not clearly a customary and incidental accessory
use to a permitted exercise club or to a high school or college athletic
program.
A facility comprised of professional offices, for the examination
and treatment of persons as outpatients by physicians, dentists or
other licensed medical specialists, in which said medical practitioners
work in cooperative association. Said clinics may provide medical
services customarily available at hospitals, excluding overnight care
of patients and twenty-four-hour emergency service.
A use involving the treatment and examination of patients
by state-licensed physicians or dentists, provided that no patients
shall be kept overnight on the premises. This use may involve the
testing of tissue, blood or other human materials for medical or dental
purposes. A clinic primarily involving the performance of abortions
shall not be permitted within a residential district or within 200
feet of a dwelling.
An area of land or building routinely used by a recreational,
civic, social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are limited to members and their occasional guests, and persons specifically
invited to special celebrations, but which is not routinely open to
members of the general public and which is not primarily operated
as a for-profit business. This use shall not include a target range
for outdoor shooting, boardinghouse, a tavern, a restaurant, retail
sales or an auditorium unless that particular use is permitted in
that district and the requirements of that use are met. See also "after
hours club."
MEMBERSHIP CLUB, GENERALA type of membership club that does not meet the definition of a "light membership club."
MEMBERSHIP CLUB, LIGHTA type of membership club that is only used as a meeting place, and is not routinely used for banquets or for social events by nonmembers and which is designed to have a maximum capacity of 200 persons if located in a permitted residential district.
A facility licensed by the Pennsylvania Liquor Control Board
comprising the building or buildings where malt or brewed beverages
are manufactured on-site including, without limitation, bottling,
blending, bulk and bottle storage, aging, shipping, receiving, laboratory
equipment and maintenance facilities, sales and administrative office
functions, and may include one or more Tasting Areas, Promotional
Events, and Social Events. A Microbrewery may sell, transport, and
deliver malt beverages to various off-site locations as permitted
by the Pennsylvania Liquor Control Board.
[Added by Ord. No. 2022-04, 4/7/2022; amended by Ord. No. 2022-13, 9/1/2022]
The removal from the surface or beneath the surface of the
land of bulk mineral resources using significant machinery. "Mineral
extraction" includes, but is not limited to, the extraction of sand,
gravel, topsoil, limestone, sandstone, coal, clay, shale and iron
ore. The routine movement of and replacement of topsoil during construction
shall not by itself be considered to be mineral extraction.
See "convenience store."
A parcel of land in a mobile/manufactured home park that
is improved with the necessary utility connections and other features
necessary for the development thereon of a single mobile/manufactured
home.
See under "dwelling types."
A parcel of land under single ownership which has been planned
and improved for the placement of three or more mobile/manufactured
homes for nontransient residential use. The individual manufactured
homes may be individually owned. A development of mobile/manufactured
homes that is subdivided into individual lots shall be regulated in
the same manner as a subdivision of site-built homes and shall not
be considered to be a mobile home park.
See "hotel."
See "truck terminal."
[Amended by Ord. 2017-4, 6/1/2017]
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as may be further amended.
A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
A tavern or restaurant that has a primary or substantial
portion of the total trade in the sale of alcoholic beverages, which
frequently charges admission or cover charges for entertainment or
music for dancing and which has a capacity of more than 250 persons
for such entertainment or dancing. See the definition of an "after
hours club."
A lot which does not conform with the minimum lot width or
area dimensions specified for the district where such lot is situated,
but was lawfully in existence prior to the effective date of this
Chapter or is legally established through the granting of a variance
by the Zoning Hearing Board, and which is not abutted by other undeveloped
land owned by the same owner.[4]
A structure or part of a structure manifestly not designed
to comply with the applicable lot area, dimensional and other provisions
in this Chapter, as amended, where such structure lawfully existed
prior to the enactment of such ordinance or applicable amendment.
Such nonconforming structures include, but are not limited to, signs.[5]
A use, whether of land or of a structure, which does not
comply with the applicable use provisions in this Chapter or amendments
heretofore or hereafter enacted, where such use was lawfully in existence
prior to the enactment of this Chapter or applicable amendment.[6]
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of three or more persons.
A document applicable to agricultural properties which describes
the storage, handling and application of fertilizers, including manure,
related to agricultural production.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall include neither retail nor industrial uses,
but may include business offices, medical or dental offices, clinics
or laboratories, photographic studios and/or television or radio broadcasting
studios.
Any official map that may be adopted or amended by the Board
of Supervisors in accordance with the Municipalities Planning Code.
The map as adopted by the Board of Supervisors classifying
the streets of the Township. See definition of "street classification."
This map may be amended by resolution of the Board of Supervisors.
The map as adopted by the Board of Supervisors which designates
the location and boundaries of zoning districts.
A parcel or parcels of land within a tract which meets all
of the following standards:
Is designed, intended and suitable for active or passive recreation
by residents of a development or the general public.
If not intended to be publicly owned, is covered by a system
for perpetual maintenance.
Will be deeded to the Township and/or deed restricted to permanently
prevent uses of land other than "common open space" and noncommercial
recreation.
Does not use any of the following areas to meet minimum open
space requirements: a) existing or future street rights-of-way; b)
vehicle access drives providing access to other lots; c) buildings
(other than accessory buildings and pools clearly intended for noncommercial
recreation); d) off-street parking (other than that clearly intended
for noncommercial recreation); e) any area needed to meet a requirement
for an individual lot; f) any area deeded over to an individual property
owner for his/her own use; or g) land with rights-of-way or easements
intended for overhead electrical transmission of 35 kilovolts or greater
capacity.
Maintaining the natural environment whereby relief will be
provided from built-up areas and wherein areas of scenic beauty which
are not naturally suited for development will be preserved which will
provide land for active and passive recreation and habitats for birds,
fish and wildlife.
The Upper Macungie Township Zoning Ordinance, including the
Official Zoning Map and Official Street Classification Map, as amended.
A zone mapped over the underlying base zone that modifies
the requirements of the underlying zone.
[Added by Ord. No. 2023-05, 5/4/2023]
Pennsylvania.
Off-street parking and aisles for vehicles unless otherwise
stated.
An outdoor area that is not covered by a permanent roof and
that is used as an accessory recreation area by the occupants of a
building.
All areas covered by gravel and/or impervious surfaces, other
than areas covered by buildings, bicycle paths and pedestrian sidewalks.
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
CONSTRUCTION PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the Township staff, in accordance with the provisions of the Building Code (Chapter 5) which may be adopted by the Township.
OCCUPANCY PERMITA permit that may be required by the Township that is issued upon completion of the construction of a structure, or change in use of a structure or parcel of land, or reoccupancy of a structure or land indicating that the premises, to the best knowledge of the building and zoning officers, complies with the provisions of Township ordinances. This shall have the same meaning as a "certificate of use and occupancy."
ZONING PERMITA permit issued indicating that a proposed use, building or structure is, to the best knowledge of the Township staff, in accordance with this Chapter and which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this Chapter, a "zoning permit" or "a permit under this Chapter" shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established.
Uses that do not have to be approved as uses by the Zoning
Hearing Board or the Board of Supervisors. (A site plan review by
the Planning Commission and the Board of Supervisors is required for
certain permitted by right uses to ensure that the use would comply
with all Township ordinances.) A nonconforming use shall not be considered
to be a permitted use.
An individual, association, public or private corporation
for profit or not for profit, partnership, firm, trust, estate, department,
board, bureau or agency of the commonwealth, political subdivision,
municipality, district authority or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
A residential use providing residential and support services
primarily to persons who are over age 60, physically handicapped and/or
developmentally disabled and that is licensed as a personal care center
by the Commonwealth of Pennsylvania. See also "hospice."
An establishment that provides a service oriented to personal
needs of the general public and which does not involve primarily retail
or wholesale sales or services to businesses. Personal services include
barbershops and beauty shops, photography studios, shoe repair shops,
household appliance repair shops, and other similar establishments,
but shall not include any adult uses.
A document applicable to agricultural properties which describes
the storage, handling and application of products to control pests
and undesirable vegetation related to agricultural production.
The keeping of domestic animals that are normally considered
to be kept in conjunction with a dwelling for the pleasures of the
resident family. This shall include dogs, cats, small birds, gerbils,
rabbits and other animals commonly sold in retail pet shops.
A compound manufactured for use as a medication.
[Added by Ord. No. 2021-08, 6/3/2021]
The process of industrial-scale creation of pharmaceutical
drugs by pharmaceutical companies. The use includes blending, compression,
filtration, heating, encapsulation, tableting, milling, granulation,
coating, and drying and all potential parts of the process including
packaging and inventory management.
[Added by Ord. No. 2021-08, 6/3/2021]
An area of open space and pavilions that is not publicly
owned and which is rented for picnics and outdoor recreation.
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated for nonprofit and noncommercial purposes.
A place of worship may include one dwelling unit as an accessory use.
If a religious use is primarily residential in nature, it shall be
regulated under the appropriate dwelling type.
The Planning Commission of the Upper Macungie Township.
The indoor and/or outdoor raising of trees, plants, shrubs
or flowers for sale, but not primarily including commercial forestry
for lumber. A plant nursery may include the growth of trees for sale
for internal decoration of homes, such as a Christmas tree farm.
An environmental emergency response document authorized by
Chapter 101 of the DEP Rules and Regulations which is applicable to
facilities which handle materials with the potential for accidental
pollution of the waters of the Commonwealth. Specific requirements
for a PIP plan are contained in "Guidelines for the Development and
Implementation of Environmental Emergency Response Plans," PA DEP,
September 1990.
An environmental emergency response document required by
the Federal Resource Conservation and Recovery Act (as amended by
the hazardous and solid waste amendments of 1984), the Pennsylvania
Solid Waste Management Act and the DEP Hazardous Waste Regulations
(Chapters 260 to 270) that is applicable to facilities which generate,
store, treat or dispose of hazardous wastes. Hazardous wastes are
those defined within DEP regulations or other wastes which meet specific
characteristic tests.
Overhead high voltage electrical transmission lines that
are suspended from towers.
The building in which the principal use of a lot is conducted.
Any building or structure that is physically attached to a principal
building shall be considered part of that principal building and not
an accessory building or accessory structure.
[Amended by Ord. No. 2023-05, 5/4/2023]
A dominant use(s) or main use on a lot, as opposed to an
accessory use.
Includes printing, publishing, lithographing, photocopying,
bookbinding and similar uses.
A person who, by education, experience, certification or
licensure, has a demonstrated expertise in a particular field.
Has the same meaning as "lot line."
Any well used or intended to be used as a groundwater supply
source as part of a public water supply system for which wellhead
protection areas have been established.
Notice required by the Pennsylvania Municipalities Planning
Code.
Land and/or facilities that are owned by a government agency
or the Township and are available for use by the general public for
leisure and recreation.
A use primarily involving competitive driving of motor vehicles
involving speeds routinely exceeding 30 miles per hour, other than
driving upon a public street.
Leisure-time uses that are principally operated for commercial
purposes.
Noncommercial leisure-time uses that are only open to members,
guests or some specific groups.
A vehicle which is designed primarily to transport a person
for primarily recreational instead of transportation purposes, or
a vehicle that serves as a mobile, temporary dwelling. This may include
a vehicle that is self-propelled, towed or carried by another vehicle,
but shall not include camper cabs that fit over pickup trucks. This
term shall also include the following: watercraft with a hull longer
than 15 feet, motor homes, travel trailers, all-terrain vehicles and
snowmobiles.
An outdoor area used for the storage of three or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that zoning district.
See "bulk recycling center."
A use for collection and temporary storage of more than 500
pounds of common household materials for recycling, but that does
not involve processing or recycling other than routine sorting, baling
and weighing of materials. This term shall not include the indoor
storage of less than 500 pounds of household recyclables and their
customary collection, which is a permitted by right accessory use
in all zoning districts, without additional regulations. A recycling
collection center is also a permitted by right accessory use to a
public or private primary or secondary school, a place of worship,
a Township-owned use, an emergency services station or a college or
university.
Persons who are closely related by blood, marriage, adoption
or formal foster relationship to result in one of the following relationships:
brother, sister, parent, child, grandparent, great-grandparent, grandchild,
great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law,
parent-in-law or first cousin. This term shall not include relationships
such as second, third or fourth cousins.
Shops for the repair of appliances, watches, guns, bicycles
and other household items.[7]
The RU3, RU1, R1, R2, R3, R4 and R5 Zoning Districts.
The lot line of a lot that: a) contains an existing dwelling
on a lot of less than five acres; or b) is undeveloped and zoned as
a residential district.
The federal law by this short title and the accompanying
regulations contained in 42 U.S.C. § 6901 et seq.
An establishment that sells ready-to-consume food or drink and
that routinely involves the consumption of at least a portion of such
food on the premises.
A restaurant may include the accessory sale of alcoholic beverages.
However, if such sale is a primary or substantial portion of the total
trade, the requirements of a tavern or nightclub, as applicable, must
be met.
A restaurant shall not include a use meeting the definition
of a nightclub or an after hours club.
A convenience store with seating intended for dining for 10
or more patrons shall meet the specific requirements of a restaurant
and shall provide additional parking based on restaurant parking requirements.
[Added by Ord. No. 2023-05, 5/4/2023]
A restaurant that allows customers to place orders and receive
their orders while seated in their own vehicles. Such restaurant may
or may not also include indoor service. Convenience stores with drive-through
service shall meet the specific requirements of a restaurant with
drive-through service and shall provide additional parking based on
restaurant parking requirements.
[Amended by Ord. No. 2023-05, 5/4/2023]
A market where only horticultural or agricultural products are sold, and where a minimum of 50% of the products were produced by the operator of the market. See § 27-403.
A single business enterprise which primarily engages in the
retail sale of consumer goods such as wearing apparel, antiques, books,
beverages, confections, drugs, dry goods, flowers, food items, gifts,
garden supplies, hardware supplies, household goods, jewelry, paint,
periodicals, tobacco, etc., but not including the following: sales
of motor vehicles or boats, adult movie theater, adult bookstore,
manufacturing, tavern, car wash, auto service station, auto repair
garage, convenience store or any restaurant.
[Amended by Ord. No. 2023-05, 5/4/2023]
A basin designed to retard stormwater runoff, by temporarily
storing the runoff, which does not have a defined outlet structure
and which empties through a combination of evaporation, transpiration
and infiltration.
A residential development limited exclusively to persons
aged 55 years and older and their spouses.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing street right-of-way line.
RIGHT-OF-WAY, EXISTING or LEGALThe line separating a lot from the established official street right-of-way that either the Township or the commonwealth will own after the completion of any proposed subdivision, land development or development of a use under this Chapter.
RIGHT-OF-WAY, FUTURE or ULTIMATELand that is dedicated or is required to be defined or reserved for future dedication for use as a street and for related public improvements. The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" shall have the same meaning. See § 27-805. If a future right-of-way is not required to be defined, then "future right-of-way" shall have the same meaning as "existing right-of-way."
A permanent area of diverse native trees, shrubs and vegetation
located adjacent to streams, lakes, ponds and wetlands.
[Added by Ord. 2010-6, 8/19/2010]
A type of solid waste disposal area involving the depositing
of solid waste on land, compacting the waste, covering the waste with
soil and then compacting the soil, and which has a permit to operate
as a sanitary landfill from the state.
Federal Superfund Amendments and Reauthorization Act, as
amended.
SARA TITLE III OFF-SITE PLANA document required by SARA which applies to employers who have extremely hazardous substances in the workplace. The document identifies the transportation routes of extremely hazardous substances, describes the workplace and provides a risk analysis of the operation to the surrounding community.
SARA TITLE III TIER I & TIER II REPORTSDocuments required by SARA which apply to employers who have extremely hazardous substances in the workplace. The Tier I document lists the amounts and locations within the workplace of extremely hazardous substances by type of hazard (such as fire, explosion and acute health hazard). The Tier II document provides a listing of each specific extremely hazardous substance in the workplace and each specific hazardous substance exceeding 10,000 pounds on site at any one time.
A ground-based reflector, usually parabolic in shape, that
receives electronic signals from a satellite, and that does not meet
the definition of a "commercial communications antenna." This term
shall also include any pedestal or attached structure.
An educational institution primarily for persons between
the ages of five and 19 that primarily provides state-required or
largely state-funded educational programs. This term shall not include
trade schools (such as privately operated schools of trade, vocation
or business).
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
Materials pumped from a residential on-lot septic treatment
system that was installed and is maintained in compliance with DEP
regulations.
The line within a lot defining the required minimum distance
between any structure to be erected or use to be developed and the
adjacent future street right-of-way or exterior lot line (when the
property is not abutted by a right-of-way). Such line shall be measured
at right angles from and parallel to the front lot line.
Any building setbacks shall be measured from the foundation, exterior wall or other component of a structure that is closest to the right-of-way line or lot line from which the setback is being measured. See exceptions for eaves and cornices in § 27-803(2).
Unless otherwise stated, setback distances are for both accessory
and principal structures.
Private Streets. For a building setback measured from a private
street, the setback shall be measured from the existing right-of-way
of such a street, if a right-of-way exists. If a private street does
not have a right-of-way, the setback shall be measured from the edge
of the cartway.
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal requirements.
ON-LOT OR NONPUBLIC SEWER SERVICEAny form of sewage service permitted under local, state and federal law that does not meet the definition of "public sewer service."
PUBLIC SEWER SERVICEService at the time of occupancy of a use by a central sewage treatment plant that is owned by a municipality or a municipal or county authority.
Any substance that contains any of the waste products or
excrement or other discharge from the bodies of human beings or animals
and any noxious or deleterious substances being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation, or which constitutes
pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known
as the "Clean Streams Law," as amended.
The official appointed by the Township to issue and review
sewage system disposal permits and conduct such inspections and investigations
as are necessary to implement the provisions of the Pennsylvania Sewage
Facilities Act.
The coarse screenings, grit and dewatered or air-dried products
of sewage treatment, septic and holding tank pumpings and any other
residues from sewage collection and treatment systems which require
disposal.
The spreading on land of the coarse screenings, grit and
dewatered or air-dried sludges, septic and holding tank pumpings and
other residue from municipal and residential sewage collection and
treatment systems. See the separate Township ordinance on the land
application of sewage sludge.
A use involving five or more retail or personal service uses
or establishments and that primarily involves retail sales. If two
or more abutting lots each include five or more retail sales uses
and are developed under common or closely related ownership, then
those lots shall together be considered as one shopping center. A
shopping center may also include a mix of permitted personal service,
office and/or commercial recreation uses. For the purposes of this
Chapter, the term "shopping center" shall only include the following:
COMMUNITY SHOPPING CENTERA shopping center involving a total of between 125,000 and 225,000 square feet of total leasable floor area, including all detached buildings.
CONVENIENCE SHOPPING CENTERA shopping center involving a total of less than 50,000 square feet of total leasable floor area, including any detached buildings.
NEIGHBORHOOD SHOPPING CENTERA shopping center involving a total of between 50,000 and 125,000 square feet of total leasable floor area, including all detached buildings.
An area required to be kept free of certain visual obstructions to traffic. See § 27-803.
Any physical device for visual communication that is used for the purpose of attracting attention from the public and that is visible from beyond an exterior lot line, including all symbols, words, models, displays, banners, flags, devices or representations. See definitions of types of signs in §§ 27-711 and 27-703. This shall not include displays that only involve symbols that are clearly and entirely religious in nature, and which do not include advertising.
See § 27-711.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered or located at a location other than the lot upon
which the sign is located. See also "billboard."
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any abutting or adjoining lot.
A closed, generally circular, depression in the land surface
of variable depth and width, characterized by a distinct breaking
of the ground surface, and formed by solution of carbonate bedrock
and downward movement of soil into bedrock voids or by collapse of
underlying caves.
Review of a site plan by the Planning Commission and/or the Board of Supervisors that is required for certain uses under § 27-121.
A use involving the killing of animals for the production
of food or some other commercial product. A commercial stockyard or
similar facility that primarily involves the bulk storage or transferring
of animals on the way to slaughter shall also be considered a slaughterhouse.
This shall not include a custom butcher shop that does not involve
killing of animals (which is a retail sales use).
The vertical change of an area of land divided by the horizontal
change, measured in percent.
Facilities that meet each of the following conditions:
[Added by Ord. No. 2021-12, 11/4/2021]
Are mounted on structures 50 feet or less in height, including
their antennas.
Are mounted on new or existing structures no more than 10% taller
than other adjacent structures.
Do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is
greater.
Each antenna associated with the deployment, excluding associated
antenna equipment as defined in the definition of "antenna," is no
more than three cubic feet in volume.
Are not mounted on street signs or traffic signal poles.
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, is no more than
28 cubic feet in volume.
The facilities are not located on tribal lands, as defined under
36 CFR 800.16(x).
The facilities do not result in human exposure to radio frequency
radiation in excess of the applicable safety standards.
Unless otherwise stated, shall mean the appointed Solicitor
to the Upper Macungie Township Board of Supervisors.
Any garbage, refuse, sewage sludge or other discarded material,
including solid, liquid, semisolid or contained gaseous material resulting
from industrial, institutional, public, household, commercial or mining
activities.
For the purposes of this Chapter, the following materials shall
not be considered to be solid waste: a) portions of trees or shrubs,
leaves, mulch and rocks; b) substances legally disposed of into the
air or water through a federal or state pollution discharge permit;
c) customary residual wastes from a permitted mineral extraction use;
or d) materials of a character such as paper, plastic, aluminum and
metal that have been separated from the waste stream for recycling.
Land or structures where solid waste is processed, incinerated
or disposed of. This shall only include the following facilities,
each of which shall be required to have all permits required by the
state in place prior to initiation of the use: sanitary landfill,
solid waste transfer facility or solid waste-to-energy facility.
The following uses for the purposes of this Chapter shall not
be considered to be a solid waste disposal facility: junkyard, recycling
collection center, leaf composting, clean fill or septage or sludge
application.
A type of solid waste disposal facility that utilizes waste
(such as trash, sludge or any other nonhazardous commercial, residential
or industrial materials) as a fuel to produce usable energy (such
as steam or electricity) in bulk to be marketed for reuse to offset
disposal costs. Also see the definitions of each of these terms in
Title 25 of PADEP regulations.
A type of solid waste disposal facility which receives and
temporarily stores solid waste at a location other than the generation
site, and which facilitates the bulk transfer of accumulated solid
waste to a facility for further processing or disposal, and which
may or may not involve the separation of recyclables from solid waste.
Also see the definitions of each of these terms in Title 25 of PADEP
regulations.
A use for which the Zoning Hearing Board may grant permission following a public hearing and findings of fact consistent with this Chapter, provided the use complies with the conditions and standards required by this Chapter. See § 27-119.
One or more of the following:
An environmental emergency response document required by
the federal Clean Water Act for facilities which handle hazardous
substances, as defined in the Clean Water Act. (NOTE: The plan requirements
are virtually the same as for a PIP plan.)
An environmental emergency response document required by
the Pennsylvania Storage Tank and Spill Prevention Act (STSPA) for
facilities with an aboveground storage tank exceeding a volume of
21,000 gallons. The plan requirements are specified in §§ 902
and 903 of the STSPA. A downstream notification requirement applies
to regulated tanks adjacent to surface waters.
The Commonwealth of Pennsylvania and its agencies.
See "Municipalities Planning Code."
An enclosed accessory building maintained primarily for the
convenience of the occupant(s) of the principal building on the lot
and which is not used for the housing of a motor vehicle.
A tank that: a) contains substances regulated under the Storage
Tank and Spill Prevention Act (STSPA); b) is stationary; c) has 250
gallons or more of capacity; and d) has greater than 90% of its capacity
above ground. See specific exceptions to this definition within the
STSPA.
A tank that: a) contains substances regulated under the STSPA;
b) has 110 gallons or more of capacity; and c) has 10% or more of
its capacity beneath the ground surface. See specific exceptions to
this definition in the STSPA.
A level of a building routinely accessible to humans having
an average vertical clearance six feet or greater shall be considered
a full story, except as provided for in the definition of "basement."
Any level of a building having an average vertical clearance from
floor to ceiling of less than six feet shall be considered a "half
story."
A public or private thoroughfare which provides the principal
means of vehicle access to two or more abutting lots or that is an
expressway, but not including an alley or a driveway. The terms "street,"
"highway" and "road" have the same meaning and are used interchangeably.
The center of the existing street right-of-way or, where
such cannot be determined, the center of the traveled cartway.
The functional classification of streets into the following
types, as shown on the Official Street Classification Map at the end
of this Chapter for existing streets and as determined by the Township
Engineer for future streets:
COLLECTOR STREETDesigned to carry a moderate volume of traffic to intercept local (residential) streets, to provide routes to minor arterial streets and to community facilities and to provide access to the abutting properties.
CUL-DE-SAC STREETA local street intersecting another street at one end, and terminating in a vehicular turnaround at the other.
EXPRESSWAYDesigned for large volumes and high-speed traffic with access limited to grade-separated intersections.
LOCAL STREETDesigned to provide access to the abutting properties and a route to collector routes.
MAJOR ARTERIAL STREETDesigned for large volumes and high-speed traffic with access to abutting properties restricted.
MARGINAL ACCESS STREETA local street which is parallel to and adjacent to an expressway, major arterial street or minor arterial street, and which provides access to abutting properties and protection from through traffic.
MINOR ARTERIAL STREETDesigned to carry a moderate volume of fast-moving traffic from collector and local streets to major arterial streets.
A street which is planned in a proposed subdivision or land
development plan or approved within a subdivision or land development
plan, but not yet open to traffic.
Any man-made object having an ascertainable stationary location
on, below or in land or water, whether or not affixed to the land,
subject to the following specific standards:
The following specifically shall be considered to be structures:
buildings, signs, stadiums, platforms, communications towers, walkways,
porches, decks, swimming pools (whether above or below ground); fences,
storage sheds, carports and garages.
[Amended by Ord. No. 2023-05, 5/4/2023]
Any structure shall be subject to the principal or accessory
setbacks of this Chapter, as applicable, unless specifically exempted
or unless a specific setback is established for that particular type
of structure by this Chapter.
See the definition in the Township Subdivision and Land Development Ordinance (Chapter 22).
The Upper Macungie Township Subdivision and Land Development Ordinance, as amended (Chapter 22).
A man-made area with walls of man-made materials intended
to enclose water at least 30 inches deep for bathing or swimming and
that is intended to serve the residents of only one dwelling unit
and their occasional guests.
A man-made area with walls of man-made materials intended to enclose water at least 30 inches deep for bathing or swimming and that does not meet the definition of a "household" swimming pool. This includes: a) a "semipublic" pool that serves only residents of a development or members of a club and their occasional guests or b) a "public" pool intended to serve the general public. See also the provisions for recreational facilities limited to use by employees of a use or residents of a development as an accessory use, which may include a swimming pool, at the end of § 27-306.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade and which does not meet
the definition of a "nightclub" or an "after hours club." The sale
of food may also occur. See also the definition of "restaurant."
A building or part of a building devoted to the showing of
motion pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
An outdoor area devoted primarily to the showing of motion
pictures or theatrical productions to patrons seated in motor vehicles
or outdoors.
The storage of more than 250 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
An open public space in the center of a development, or town,
used for community gatherings.
[Added by Ord. No. 2022-04, 4/7/2022]
See "dwelling types."
Upper Macungie Township, Lehigh County, Pennsylvania.
In certain zoning districts, the tract is the minimum amount
of adjacent land area (which may be separated by alleys, streets or
waterways) within the Township that is required to be approved as
part of an overall preliminary subdivision or land development plan
in order to allow either certain types of uses or to allow the creation
of lots smaller than a certain specified lot area. An area of land
shall meet the following requirements in order to be considered a
tract:
Shall only include lands within an approved preliminary plan
that includes a well-defined internal circulation system, maximum
coordination between lots and carefully limited points of vehicular
access onto streets exterior to the tract.
Shall only include lands that at the time of the approval of
the preliminary plan have one landowner (as defined by Part 2), unless
the applicant proves to the satisfaction of the Zoning Officer that
there is a legally binding commitment between two or more landowners
to coordinate the access and development of the tract as shown in
the approved preliminary plan.
A truck, truck tractor or combination having a gross vehicle
weight rating, gross combination weight rating, registered gross weight,
registered combination weight or actual gross weight of 17,001 pounds
or more, or a truck, truck tractor or combination engaged in interstate
commerce and having a gross vehicle weight rating, gross combination
weight rating, registered gross weight, registered combination weight
or actual gross weight of 10,001 pounds or more.
[Added by Ord. 2017-4, 6/1/2017]
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons under age 16. This shall
include a dancing school, martial arts school or ceramics school.
A use (other than a prison or a permitted accessory use in
a hospital) providing housing facilities for persons who need specialized
housing, treatment and/or counseling for stays of less than one year
and who need such facilities because of: a) criminal rehabilitation,
such as a criminal halfway house or a treatment/housing center for
persons convicted of driving under the influence of alcohol; b) addiction
to alcohol and/or a controlled substance; or c) a type of mental illness
or other behavior that could cause a person to be a threat to the
physical safety of others. See also "inpatient alcohol treatment center."[8]
A commercial use that primarily involves providing fuel and
other services to tractor-trailer trucks. This use may also involve
providing repair services, sale of gifts and various household items,
a restaurant, showers and a motel.
An area or structure where trucks load and unload goods,
products, cargo, materials and/or freight and where the same may be
broken down or aggregated into smaller or larger loads for transfer
to other motor vehicles or modes of transportation or to other points
of junctions.
[Added by Ord. 2017-4, 6/1/2017]
A bored, drilled, driven or dug well for the emplacement
of fluids into the ground (except drilling muds and similar materials
used in well construction).
Any vehicle or trailer that does not display a license plate
with a current registration sticker and does not have a valid state
safety inspection sticker. This term shall not apply to vehicles (such
as licensed antique cars) for which state regulations do not require
an inspection sticker. The term also shall not include vehicles displaying
licenses or inspection stickers that have expired less than 90 days
previously.
The purpose, activity, occupation, business or operation
for which land or a structure is designed, arranged, intended, occupied
or maintained. Uses specifically include, but are not limited to,
the following: activity within a building, activity outside of a building,
any structure, recreational vehicle storage or parking of commercial
vehicles on a lot.
The granting of specific permission by the Zoning Hearing
Board to use, construct, expand or alter land or structures in such
a way that compliance is not required with a specific requirement
of this Chapter. Any variance shall only be granted within the limitations
of the Pennsylvania Municipalities Planning Code.
A building routinely used for the treatment of animals and
related accessory housing or boarding of sick animals. Treatment of
large animals includes all types of animals including horses, cows
and pigs. Housing primarily healthy animals shall be considered a
"kennel" and shall meet the requirements of that use.
See "fence."[9]
A building or group of buildings primarily used for the unloading
and indoor storage, transfer, and distribution of products and materials
with a use of the processing of materials so as to sort out which
finished goods are to be transported to different locations, and the
loading and unloading of such goods. This use usually involves inventory
control, material handling, order administration and packaging. This
term shall not include a trucking company terminal.
[Added by Ord. 2017-4, 6/1/2017]
Garbage, refuse and other discarded materials, including,
but not limited to, solid and liquid materials resulting from municipal,
industrial, commercial, institutional, agricultural and residential
activities.
Any natural channel or conveyance of surface water having
defined bed and banks with perennial or intermittent flow.
[Added by Ord. 2010-6, 8/19/2010]
A system designed to transmit water from a source to users
in compliance with the requirements of the appropriate state agencies
and the Township.
CENTRAL WATER SERVICEService by a central water system that is owned and operated by: a) a municipality; b) a municipal or county authority; or c) a water company regulated by the State Public Utility Commission, and which transmits water from a common source to more than 30 dwellings or principal uses.
ON-LOT or NONPUBLIC WATER SERVICEService by a water system that does not meet the definition of a "central water service." In most cases, this would involve an individual well serving an individual lot but may also include a common well or another duly approved system.
PUBLIC WATER SERVICECentral water service by a system owned by a municipality or a municipal or county authority.
That area of the land surface within a calculated one week
groundwater time of travel of a protected public water supply well.
That area of the land surface which represents the cone of
depression associated with a protected public water supply well.
That area of the land surface which, through recharge or
other means, provides water to sustain the yield of a protected public
water supply well.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
[10]Sales that primarily involve transactions with other businesses
and their agents and not to the general public.
A bonded winery facility comprising the building or buildings
used to convert fruit juices (all or part of which are produced on
the property) to wine, and to age, bottle, store, distribute and sell
said wine. A winery, for the purposes of this section, includes crushing,
fermenting and refermenting, bottling, blending, bulk and bottle storage,
aging, shipping, receiving, laboratory equipment and maintenance facilities,
sales, administrative office functions, and may include tasting and
promotional events.
[Added by Ord. No. 2022-04, 4/7/2022; amended by Ord. No. 2022-13, 9/1/2022]
An area not covered by buildings and that is on the same
lot as the subject structure or use. Regulations of specific districts
prohibit principal and accessory structures within specified required
minimum yards.
A yard between the front lot line (which is the future street
right-of-way line where it abuts a street) and the closest portion
of the subject structure or use that extends the full width of the
lot from side lot line to side lot line.
The front yard shall be on a side that faces towards a public
street whenever one public street abuts the lot.
When a lot abuts onto two or more public streets, each yard
abutting a street shall be considered a front yard.
[Amended by Ord. 2010-6, 8/19/2010]
No accessory or principal structure shall extend into the required
front yard, except as provided in this Chapter.
A yard extending the full width of the lot and situated between
the rear line and the closest portion of the subject structure, and
stretching between the side lot lines parallel to the rear lot line.
(A principal building shall not extend into the required rear yard
for a principal building, and an accessory structure shall not extend
into the required rear yard for an accessory structure, except as
provided in this Chapter.)
A yard situated between the closest portion of the subject
structure and the entire length of the side lot line, and extending
from the front lot line to the rear lot line. A structure shall not
extend into the applicable minimum side yard, except as provided for
in this Chapter.
The Official Zoning Map of Upper Macungie Township, Lehigh
County, Pennsylvania.
The administrative officers charged with the duty of enforcing
the provisions of this Chapter, or his or her officially designated
assistant(s).
The Upper Macungie Township Zoning Ordinance, as amended
(this Chapter).
[1]
Editor’s Note: The former definition of “distribution,”
which immediately followed this definition, was repealed by Ord. 2017-4,
6/1/2017.
[2]
Editor’s Note: Former Subsection C, which defined “mid-rise
apartments,” was repealed by Ord. 2013-1, 3/7/2013.
[3]
Editor's Note: As of 1992, the Federal Fair Housing Act defined
"handicap" as follows: 1) a physical or mental impairment which substantially
limits one or more of such person's major life activities; 2) a record
of having such an impairment; or 3) being regarded as having such
an impairment, but such term does not include current, illegal use
or addiction to controlled substance as defined in § 802
of Title 21. For a use that would include more than the number of
residents permitted under a "group home," see "institutional group
home," which is a distinct use.
[4]
Editor's Note: See § 27-806, which requires the burden of proof for nonconforming status to be upon the applicant.
[5]
Editor's Note: See § 27-806, which requires the burden of proof for nonconforming status to be upon the applicant.
[6]
Editor's Note: See § 27-806, which requires the burden of proof for nonconforming status to be upon the applicant.
[7]
Editor's Note: The former definition of "residential accessory
building, structure or use," which immediately followed this definition,
was repealed by Ord. No. 2023-05, 5/4/2023.
[8]
Editor’s Note: The former definition of “trucking
company terminal,” as amended, which immediately followed this
definition, was repealed by Ord. 2017-4, 6/1/2017.
[9]
Editor’s Note: The former definition of “warehouse,”
which immediately followed this definition, was repealed by Ord. 2017-4,
6/1/2017.
[10]
Editor's Note: As of 1993, the following was the official
U.S. Army Corps of Engineers definition of wetlands: "Those areas
that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances
do support, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include swamps, marshes,
bogs and similar areas." Wetlands are technically defined on the basis
of types of vegetation and soils and the level of the water table
below the surface. As of 1992, the U.S. Army Corps of Engineers and
DEP enforce the wetlands regulations.
