[Amended 4-16-2012 by Ord. No. 763]
For the purposes of this chapter, the Borough is hereby divided
into the following classes of districts:
A.
Zoning Map. The boundaries of each district or zone are established
as shown on the Official Zoning Map of the Borough which accompanies
this chapter and is declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B.
Delineation of district boundaries. The district boundary lines are
intended generally to follow the boundary lines of streets and similar
rights-of-way or lot lines, or straight line projections of such lines
or Borough boundary lines, all as shown on the Zoning Map, but where
a district boundary line does not follow such a line, its position
is shown on said Zoning Map by a specific dimension expressing its
distance in feet from a street line or other boundary line, as indicated.
C.
Interpretation of district boundaries. In case of uncertainty as
to the true location of a district boundary line in a particular instance,
the determination thereof shall be made by the Zoning Officer or his
designee. An appeal may be taken to the Zoning Hearing Board.
[Added 4-18-2016 by Ord.
No. 805]
For any use not specifically provided for in the Zoning Ordinance and where the proposed use is not included within another use which has been specifically provided for in the Zoning Ordinance, said use shall be permitted as a conditional use pursuant to §§ 450-62B(3) and 450-66.
The purpose of this district is to maintain the stable character
of this area as a desirable family-oriented living environment.
A.
Permitted uses. These uses are permitted by right in the district.
Upon demonstration to the Zoning Officer or his designee that the
dimensional and other applicable requirements of this chapter are
met, the Zoning Officer or his designee shall issue a zoning permit.
B.
Accessory uses. These uses occur on the same lot as the permitted
uses and are customarily incidental and subordinate to the permitted
use. Accessory uses shall meet all yard and other applicable provisions
of this chapter.
C.
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(2)
Public or private noncommercial school.
(3)
Church, Sunday school, or other place of worship, parish house.
(4)
Private nonprofit outdoor recreation areas such as parks, playgrounds
and picnic grounds.
(5)
Signs.
(6)
Agricultural operation.
(7)
Group home.
[Amended 2-7-2011 by Ord. No. 751]
(8)
Nondisabled
group home.
[Added 2-7-2011 by Ord. No. 751]
D.
Lot area, width, building coverage and height regulations.
[Amended 10-6-2008 by Ord. No. 726; 1-4-2021 by Ord. No. 833]
|
Uses
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Building Coverage of Lot
|
Maximum Impervious Coverage of Lot
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|
|
Single-family detached dwelling
|
5,500
|
50
|
40%
|
65%
|
40
|
|
Single-family semidetached dwelling (each dwelling unit)
|
3,850
|
35
|
40%
|
65%
|
40
|
|
Municipal use
|
—
|
35
|
40%
|
65%
|
40
|
|
All other uses
|
7,800
|
60
|
40%
|
65%
|
40
|
E.
Minimum yard requirements.
[Amended 10-6-2008 by Ord. No. 726; 1-4-2021 by Ord. No. 833]
|
Minimum Acceptable Dimensions
| |||||
|---|---|---|---|---|---|
|
Uses
|
Front Yard
(feet)
|
One Side Yard
(feet)
|
Both Side Yards, Total Width
(feet)
|
Side Yard Abutting Street
(feet)
|
Rear Yard
(feet)
|
|
Single-family detached dwelling
|
25
|
7
|
16
|
20
|
30
|
|
Single-family semidetached dwelling (each dwelling unit)
|
25
|
8
|
16
|
20
|
30
|
|
Municipal use
|
25
|
7
|
16
|
20
|
30
|
|
All other uses
|
25
|
10
|
20
|
20
|
30
|
The purpose of this district is to provide areas where a variety
of housing needs can be met through a choice of housing types while
simultaneously preserving the integrity of the existing residential
environment.
A.
Permitted uses. These uses are permitted by right in the district.
Upon demonstration to the Zoning Officer or his designee that the
dimensional and other applicable requirements of this chapter are
met, the Zoning Officer or his designee shall issue a zoning permit.
(1)
Agriculture.
(2)
Cemetery.
(3)
Multifamily dwelling.
(4)
Public outdoor recreation areas such as parks, playgrounds and picnic
grounds.
(5)
Single-family attached dwellings (townhouses).
(6)
Single-family detached dwellings.
(7)
Single-family semidetached dwellings (duplexes).
(8)
Forestry.
(10)
Municipal uses.
[Added 1-4-2021 by Ord. No. 833]
B.
Accessory uses. These uses occur on the same lot as the permitted
uses and are customarily incidental and subordinate to the permitted
use. Accessory uses shall meet all yard and other applicable provisions
of this chapter.
C.
Special exception use. Application for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(2)
Membership club.
(3)
Mobile home park.
(4)
Group care and family care facilities.
(5)
Public or private noncommercial school.
(6)
Church, Sunday school, or other place of worship, parish house.
(7)
Housing for the elderly.
(8)
Private nonprofit outdoor recreation areas such as parks, playgrounds
and picnic grounds.
(9)
Signs.
(10)
Group home.
[Amended 2-7-2011 by Ord. No. 751]
(11)
Nondisabled group home.
[Added 2-7-2011 by Ord. No. 751]
D.
Lot area, density, width, building coverage and height regulations.
[Amended 10-6-2008 by Ord. No. 726; 1-4-2021 by Ord. No. 833]
|
Uses
|
Minimum Lot Area
|
Maximum Density (units/ acre)
|
Minimum Lot Width
(feet)
|
Maximum Building Coverage of Lot
|
Maximum Impervious Coverage of Lot
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|---|
|
Single-family detached dwelling
|
5,000 square feet
|
—
|
40
|
40%
|
65%
|
40
|
|
Single-family semidetached dwelling (each dwelling unit)
|
3,750 square feet
|
—
|
30
|
40%
|
65%
|
40
|
|
Single-family attached dwelling (each dwelling unit)
|
2,500 square feet
|
12
|
20
|
40%
|
65%
|
40
|
|
Multifamily dwelling
|
None
|
15
|
None
|
45%
|
65%
|
40
|
|
Mobile home park
|
5 acres
|
6
|
300
|
25%
|
65%
|
25
|
|
Agriculture
|
None
|
—
|
None
|
None
|
None
|
None
|
|
Housing for the elderly
|
—
|
40
|
—
|
40%
|
65%
|
45
|
|
Municipal use
|
—
|
—
|
None
|
45%
|
65%
|
45
|
|
All other uses
|
7,500 square feet
|
—
|
60
|
40%
|
65%
|
40
|
E.
Minimum yard requirements.
[Amended 10-6-2008 by Ord. No. 726; 1-4-2021 by Ord. No. 833]
|
Minimum Acceptable Dimensions
| ||||
|---|---|---|---|---|
|
Uses
|
Front Yard
(feet)
|
Each Unattached Side Yard
(feet)
|
Side Yard Abutting Street
(feet)
|
Rear Yard
(feet)
|
|
Single-family detached dwelling
|
25
|
5
|
20
|
30
|
|
Single-family semidetached dwelling
|
25
|
5
|
20
|
30
|
|
Single-family attached dwelling
|
25
|
10
|
15
|
30
|
|
Mobile home park
|
35
|
25
|
30
|
30
|
|
Agriculture
|
None
|
None
|
None
|
None
|
|
Housing for the elderly
|
25
|
20
|
20
|
20
|
|
Municipal use
|
25
|
5
|
15
|
20
|
|
All other uses
|
25
|
10
|
20
|
30
|
[Amended 7-6-2004 by Ord. No. 662]
The purpose of this district is to recognize the currently mixed
land use character of these areas, to provide for a variety of land
uses which allow for the economically viable use or reuse of the properties,
to manage the land uses in the area so as to minimize the frictions
between the land uses, and to stabilize the character of the area.
A.
Permitted uses. These uses are permitted by right in the district.
Upon demonstration to the Zoning Officer or his designee that the
dimensional and other applicable requirements of this chapter are
met, the Zoning Officer or his designee shall issue a zoning permit.
(1)
Retail store or shop.
(2)
Business office or office building.
(3)
Professional or medical offices.
(4)
Personal service store or shop.
(5)
Standard restaurant.
(6)
Membership club.
(8)
Single-family detached dwelling.
(9)
Single-family semidetached dwelling (duplex).
(10)
Single-family attached dwelling (townhouse).
(11)
Multifamily dwelling.
(12)
Funeral home.
(13)
Commercial schools.
(14)
Municipal use.
[Amended 1-4-2021 by Ord. No. 833]
(15)
Public utility building, structure or facility.
(16)
Community center, public library or similar use.
(17)
Medical marijuana dispensaries, with consideration for the applicable performance standards found in § 450-22.1A(4).
[Added 3-6-2017 by Ord.
No. 811]
B.
Accessory uses. These uses occur on the same lot as the permitted
uses and are customarily incidental and subordinate to the permitted
use. Accessory uses shall meet all yard and other applicable provisions
of this chapter.
(1)
Customary accessory uses and structures.
C.
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1)
Commercial recreation area or use.
(2)
Apartments in combination with stores or offices.
(3)
Conversion of dwelling units into apartments.
(4)
Convalescent or nursing home.
(5)
Group home.
[Amended 2-7-2011 by Ord. No. 751]
(6)
Church, Sunday school, or other place of worship.
(7)
Boardinghouse.
(8)
General servicing or repair shop.
(9)
Printing or publishing establishment.
(10)
Assisted living facilities.
(11)
Nondisabled group home.
[Added 2-7-2011 by Ord. No. 751]
(12)
Treatment center.
[Added 2-7-2011 by Ord. No. 751]
(13)
Bed-and-breakfast.
[Added 4-18-2016 by Ord.
No. 805]
E.
Lot area, width, density, building coverage, minimum and maximum
height regulations and maximum building footprint.
[Amended 1-4-2021 by Ord. No. 833]
|
Uses
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Density (units/ acre)
|
Maximum Building Coverage of Lots
|
Maximum Impervious Coverage of Lots
|
Minimum Building Height
(stories)
|
Maximum Building Height
(feet)
|
Maximum Building Footprint
(square feet)
|
|---|---|---|---|---|---|---|---|---|
|
Single-family detached dwelling
|
4,800
|
40
|
—
|
40%
|
65%
|
—
|
40
|
1,920
|
|
Single-family semidetached dwelling (each dwelling
unit)
|
3,000
|
25
|
—
|
40%
|
65%
|
—
|
40
|
1,200
|
|
Single-family attached dwelling
|
2,200
|
18
|
13
|
40%
|
65%
|
—
|
40
|
880
|
|
Multifamily dwelling
|
—
|
—
|
15
|
45%
|
65%
|
2
|
40
|
8,500
|
|
Conversion of dwelling units into apartments (each
unit) or apartments in combination with stores or offices
|
3,000
|
—
|
—
|
45%
|
65%
|
2
|
40
|
—
|
|
Bus passenger station, taxi station
|
None
|
—
|
—
|
—
|
—
|
—
|
—
|
8,500
|
|
Municipal use
|
—
|
—
|
—
|
—
|
65%
|
—
|
40
|
—
|
|
All other uses
|
6,000
|
60
|
—
|
60%
|
85%
|
2
|
40
|
8,500
|
|
NOTES:
|
|---|
|
Maximum building size restrictions do not apply to
existing structures. The maximum building size restrictions do apply
to additions to existing buildings.
|
F.
Minimum yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Minimum Acceptable Dimensions
| ||||
|---|---|---|---|---|
|
Front Yard
(feet)
|
Each Unattached Side Yard
(feet)
|
Side Yard Abutting Street
(feet)
|
Rear Yard
(feet)
| |
|
Single-family detached dwelling
|
10
|
5
|
10
|
25
|
|
Single-family semidetached dwelling (each dwelling unit)
|
10
|
5
|
10
|
25
|
|
Single-family attached dwelling
|
10
|
10
|
10
|
25
|
|
Multifamily dwelling and conversions of dwelling units into
apartments
|
15
|
10
|
15
|
25
|
|
Bus passenger station, tax station
|
None
|
None
|
None
|
None
|
|
Municipal use
|
10
|
5
|
10
|
10
|
|
All other uses
|
10
|
5
|
10
|
10
|
[Amended 7-6-2004 by Ord. No. 662]
The purpose of this district is to set the area as the focal
point of the community. This district encourages the most intense
development of any area of Hellertown.
A.
Permitted uses. These uses are permitted by right in the district.
Upon demonstration to the Zoning Officer or his designee that the
dimensional and other applicable requirements of this chapter are
met, the Zoning Officer or his designee shall issue a zoning permit.
(1)
Retail store or shop.
(2)
Business office or office building.
(3)
Professional or medical offices.
(4)
Personal service store or shop.
(5)
General servicing or repair shop.
(6)
Standard restaurant.
(7)
Commercial schools.
(8)
Municipal uses.
[Amended 1-4-2021 by Ord. No. 833]
(9)
Public outdoor recreation areas such as parks and playgrounds.
(10)
Membership club.
(11)
Cultural facilities such as art galleries, libraries or museums,
community facility.
(12)
Mid-rise apartments.
(13)
Condominiums.
(14)
Bed-and-breakfast.[1]
[Added 4-18-2016 by Ord.
No. 805]
(a)
The permitted use shall be no more than four guest rooms in
any individual residential property.
[1]
Editor's Note: Former Subsection A(14), regarding banks and
other financial institutions, was repealed 3-6-2017 by Ord. No. 813.
This ordinance also redesignated former Subsection A(15) through A(16)
as Subsection A(14) through A(15), respectively.
(15)
Medical marijuana dispensaries, with consideration for the applicable performance standards found in § 450-22.1A(4).
[Added 3-6-2017 by Ord.
No. 811]
B.
C.
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1)
Apartments in combination with stores or offices.
(2)
Conversion of dwelling units into apartments.
(3)
Drive-in bank or remote banking facility.
(4)
Commercial recreation area or use.
(5)
Group home.
[Amended 2-7-2011 by Ord. No. 751]
(6)
Other restaurant.
(7)
Church, Sunday school, or other place of worship.
(8)
Housing for the elderly.
(9)
Private nonprofit outdoor recreation areas such as parks and playgrounds.
(10)
Assisted living facilities.
(11)
Drive-in restaurant.
(12)
Nondisabled group home.
[Added 2-7-2011 by Ord. No. 751]
(13)
Treatment center.
[Added 2-7-2011 by Ord. No. 751]
E.
Lot area, width, density, building coverage, minimum and maximum
height requirements, and maximum building footprint.
[Amended 1-4-2021 by Ord. No. 833]
|
Uses
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Density
(units/ acre)
|
Maximum Building Coverage of Lot
|
Maximum Impervious Coverage of Lot
|
Minimum Building Height
(stories)
|
Maximum Building Height
(feet)
|
Maximum Building Footprint
(square feet)
|
|---|---|---|---|---|---|---|---|---|
|
Housing for the elderly
|
—
|
—
|
40
|
40%
|
65%
|
2
|
45
|
8,500
|
|
Mid-rise apartments, condominiums
|
—
|
—
|
25
|
40%
|
80%
|
2
|
45
|
8,500
|
|
Conversions of dwelling units into apartments, apartments
in combination with stores
|
3,000
|
—
|
—
|
—
|
80%
|
2
|
—
|
—
|
|
Municipal use
|
None
|
—
|
—
|
80%
|
85%
|
—
|
—
|
—
|
|
All other uses
|
None
|
40
|
—
|
80%
|
85%
|
2
|
45
|
8,500
|
|
NOTE:
|
|---|
|
Maximum building size restrictions do not apply to
existing structures. The maximum building size restrictions do apply
to additions to existing buildings.
|
F.
Minimum yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Minimum Acceptable Dimensions
| ||||
|---|---|---|---|---|
|
Uses
|
Front Yard
(feet)
|
Each Unattached Side Yard
(feet)
|
Side Yard Abutting Street
(feet)
|
Rear Yard
(feet)
|
|
Housing for the elderly, mid-rise apartments, condominiums
|
25
|
20
|
20
|
20
|
|
Municipal use
|
None
|
7
|
None
|
10
|
|
All other uses
|
None
|
7
|
10
|
10
|
The purpose of this area is to provide an area where major commercial
uses and highway-oriented businesses can locate to serve Hellertown
and surrounding communities.
A.
Permitted uses. These uses are permitted by right in the district.
Upon demonstration to the Zoning Officer or his designee that the
dimensional and other applicable requirements of this chapter are
met, the Zoning Officer or his designee shall issue a zoning permit.
(1)
Retail store or shop.
(2)
Standard restaurants.
(3)
Personal service store or shop.
(4)
General servicing or repair shop.
(5)
Business offices or office building.
(6)
Professional or medical offices.
(8)
Shopping center.
(9)
Commercial school.
(10)
Public utility building or facility.
(11)
Cemeteries.
(12)
Forestry.
(13)
Academic clinical research centers, with consideration for the applicable performance standards found in § 450-22.1A(1).
[Added 3-6-2017 by Ord.
No. 811]
(14)
Medical marijuana dispensaries, with consideration for the applicable performance standards found in § 450-22.1A(4).
[Added 3-6-2017 by Ord.
No. 811]
(15)
Hospital.
[Added 3-6-2017 by Ord.
No. 813]
(16)
Tattoo parlor.
[Added 3-6-2017 by Ord.
No. 813]
(17)
Body piercing.
[Added 3-6-2017 by Ord.
No. 813]
(18)
Municipal uses.
[Added 1-4-2021 by Ord. No. 833]
B.
Accessory uses. The uses occur on the same lot as the permitted uses
and are customarily incidental and subordinate to the permitted use.
Accessory uses shall meet all yard and other applicable provisions
of this chapter.
C.
Special exception uses. Applications for special exceptions are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
[Added 9-17-2012 by Ord.
No. 775]
(1)
Other restaurant.
(2)
Agricultural operation.
(3)
Drive-in bank or automatic teller service.
(4)
Motorized vehicle repair shop.
(5)
Gas station.
(6)
Automobile or motorized vehicle sales with accessory service facilities.
(8)
Drive-in restaurant.
(9)
Motorized equipment repair shop.
(10)
Communications towers and/or communications antennas.
[Added 7-5-2005 by Ord. No. 676; amended 3-20-2006 by Ord. No.
691]
(a)
In Zoning Districts SC, I, C, and HC. The use shall not be permitted
in R-1, R-2, Mixed or Town Center Zoning Districts.
(11)
Adult-oriented establishments and massage parlors.
[Added 7-2-2007 by Ord. No. 706]
(12)
Check-cashing business.
[Added 7-2-2007 by Ord. No. 706]
(13)
Pawnshops.
[Added 7-2-2007 by Ord. No. 706]
(14)
Bottle clubs.
[Added 7-2-2007 by Ord. No. 706]
(15)
Bed-and-breakfast.
[Added 4-18-2016 by Ord.
No. 805]
(16)
Medical marijuana dispensaries, with consideration for the applicable performance standards found in § 450-22.1A(4).
[Added 3-6-2017 by Ord.
No. 811]
E.
Lot area, width, building coverage, height and yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Uses
|
Minimum Lot Area
|
Minimum Lot Width
(feet)
|
Maximum Building Coverage of Lot
|
Maximum Impervious Coverage of Lot
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|
|
Shopping centers
|
4 acres
|
250
|
30%
|
80%
|
40
|
|
Municipal use
|
—
|
—
|
65%
|
80%
|
40
|
|
All other permitted uses
|
20,000 square feet
|
100
|
30%
|
80%
|
40
|
F.
Minimum yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Minimum Acceptable Dimensions
| |||
|---|---|---|---|
|
Front Yard
(feet)
|
Side Yard Abutting Street
(feet)
|
Rear Yard
(feet)
| |
|
Shopping centers
|
40
|
20
|
30
|
|
Municipal use
|
30
|
10
|
25
|
|
All other permitted uses
|
30
|
15
|
25
|
A.
The purpose of the district is to provide for the continued use of
the industrial properties for their intended purposes and to provide
additional area for industrial expansion so as to provide employment
opportunities for area residents.
(1)
Permitted uses. These uses are permitted by right in the district.
Upon demonstration to the Zoning Officer or his designee that the
dimensional and other applicable requirements of this chapter are
met, the Zoning Officer or his designee shall issue a zoning permit.
(a)
Any manufacturing or assembly operation meeting the performance
standards of this chapter.
(b)
Research institute or laboratory meeting the performance standards
of this chapter.
(c)
Wholesale establishment, warehouse, storage and distribution
establishment.
(d)
Building material sales and storage yard.
(e)
Dry-cleaning plant, laundry.
(f)
Public outdoor recreation areas such as parks and playgrounds.
(g)
Business office or office building.
(h)
Public utility building, structure or facility.
(i)
Municipal use.
[Amended 1-4-2021 by Ord. No. 833]
(j)
Automobile sales with accessory service buildings, including
outdoor storage of nonjunked cars for sale.
(k)
Printing or publishing establishment.
(l)
Motorized vehicle repair shop.
(m)
Forestry.
(n)
Motorized equipment repair shop.
(o)
Medical marijuana growers/processors, with consideration for the applicable performance standards found in § 450-22.1A(2).
[Added 3-6-2017 by Ord.
No. 811]
(p)
Hospital.
[Added 3-6-2017 by Ord.
No. 813]
B.
Accessory uses. These uses occur on the same lot as the permitted
uses and are customarily incidental and subordinate to the permitted
use. Accessory uses shall meet all yard and other applicable provisions
of this chapter.
C.
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1)
Railroad terminal and distribution facilities.
(2)
Oil, coal or propane distribution or sales facilities.
(3)
Private nonprofit outdoor recreation areas such as parks and playgrounds.
(4)
Other uses not provided for elsewhere in this chapter, so long as
said uses are reasonable and compatible with the overall zoning scheme
and recognizing the agricultural, commercial, industrial and residential
emphasis of the Borough of Hellertown.
(5)
Communications towers and/or communications antennas.
[Added 7-5-2005 by Ord. No. 676; amended 3-20-2006 by Ord. No.
691]
(a)
In Zoning Districts SC, I, C, and HC. The use shall not be permitted
in R-1, R-2, Mixed or Town Center Zoning Districts.
(6)
Mineral extraction.
E.
Lot area, width, building coverage, height and yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Uses
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Building Coverage of Lot
|
Maximum Impervious Coverage of Lot
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|
|
All permitted uses
|
10,000
|
70
|
40%
|
80%
|
50
|
|
Municipal use
|
None
|
—
|
65%
|
80%
|
50
|
F.
Minimum yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Minimum Acceptable Dimensions
| ||||
|---|---|---|---|---|
|
Uses
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Side Yard Abutting Street
(feet)
|
Rear Yard
(feet)
|
|
All permitted uses
|
25
|
10
|
20
|
20
|
|
Municipal use
|
25
|
10
|
20
|
20
|
The purpose of the district is to maintain the major open space
and recreation facilities in the Borough. Also, the district recognizes
the development limitations associated with the floodplains located
therein and protects these areas from incompatible development.
B.
Accessory use. These uses occur on the same lot as the permitted
uses and are customarily incidental and subordinate to the permitted
use. Accessory uses shall meet all yard and other applicable provisions
of this chapter.
C.
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1)
Private nonprofit outdoor recreation areas such as parks, playgrounds,
picnic grounds, swimming pools, golf courses and ice skating rinks.
(2)
Communications towers and/or communications antennas.
[Added 7-5-2005 by Ord. No. 676; amended 3-20-2006 by Ord. No.
691]
(a)
In Zoning Districts SC, I, C, and HC. The use shall not be permitted
in R-1, R-2, Mixed or Town Center Zoning Districts.
(3)
Bed-and-breakfast.
[Added 4-18-2016 by Ord.
No. 805]
D.
Lot area, width building coverage and height regulations.
[Amended 1-4-2021 by Ord. No. 833]
|
Uses
|
Minimum Lot Area
(square feet)
|
Minimum Lot Width
(feet)
|
Maximum Building Coverage of Lot
|
Maximum Impervious Coverage of Lot
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|
|
All permitted uses
|
543,560
|
150
|
30%
|
40%
|
35
|
|
Municipal use
|
None
|
—
|
65%
|
85%
|
40
|
E.
Minimum yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Minimum Acceptable Dimensions
| ||||
|---|---|---|---|---|
|
Uses
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Side Yard Abutting Street
(feet)
|
Rear Yard
(feet)
|
|
All permitted uses
|
50
|
15
|
25
|
40
|
|
Municipal use
|
50
|
15
|
25
|
40
|
Purpose. To provide for a mix of commercial uses oriented toward
serving transient motorists from the nearby highway as well as Hellertown
and surrounding communities. These uses shall be compatible with adjacent
neighborhoods and promote efficient traffic access.
A.
Permitted uses. These uses are permitted by right in the district.
Upon demonstration to the Zoning Officer or his designee that the
dimensional and other applicable requirements of this chapter are
met, the Zoning Officer or his designee shall issue a zoning permit.
(1)
Shopping center.
(2)
Hotel or motel.
(3)
Retail store or shop.
(4)
Restaurant, standard.
(5)
General servicing or repair shop.
(6)
Professional or medical offices.
(8)
Gas station.
(9)
Theater.
(10)
Office buildings.
(11)
Personal service facilities.
(12)
Commercial school.
(13)
Bus passenger or taxi station.
(14)
Public utility installations.
(15)
Municipal use.
[Amended 1-4-2021 by Ord. No. 833]
(16)
Medical marijuana growers/processors, with consideration for the applicable performance standards found in § 450-22.1A(2).
[Added 3-6-2017 by Ord.
No. 811]
(17)
Medical marijuana transport vehicle offices, with consideration for the applicable performance standards found in § 450-22.1A(3).
[Added 3-6-2017 by Ord.
No. 811]
(18)
Hospital.
[Added 3-6-2017 by Ord.
No. 813]
B.
Accessory uses. These uses occur on the same lot as the permitted
uses and are customarily incidental and subordinate to the permitted
use. Accessory uses shall meet all yard and other applicable provisions
of this chapter.
C.
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These rules shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1)
Restaurant, other.
(2)
Motorized vehicle repair shop.
(3)
Automobile sales facility.
(4)
Motorized equipment repair shop.
E.
Lot area, width, building coverage, height and yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Uses
|
Minimum Lot Area
|
Minimum Lot Width
(feet)
|
Maximum Building Coverage of Lot
|
Maximum Impervious Coverage of Lot
|
Maximum Building Height
(feet)
|
|---|---|---|---|---|---|
|
Shopping centers
|
3 acres
|
200
|
30%
|
80%
|
40
|
|
Hotel/ motel
|
3 acres
|
200
|
30%
|
80%
|
70
|
|
Municipal use
|
None
|
—
|
65%
|
80%
|
40
|
|
All other permitted uses
|
20,000 square feet
|
100
|
30%
|
80%
|
40
|
F.
Minimum yard requirements.
[Amended 1-4-2021 by Ord. No. 833]
|
Minimum Acceptable Dimensions
| |||
|---|---|---|---|
|
Uses
|
Front Yard
(feet)
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
|
Shopping centers
|
40
|
20
|
30
|
|
Hotel/motel
|
40
|
20
|
30
|
|
Municipal use
|
30
|
15
|
25
|
|
All other uses
|
30
|
15
|
25
|
[Added 4-16-2012 by Ord. No. 763; amended 1-4-2021 by Ord. No. 833]
Purpose: To permit and encourage flexibility in development
to encourage reinvestment and redevelopment. The intent is to allow
for the use of vacant and under-utilized land and buildings through
the use of flexible development and redevelopment standards and compatible
architectural design.
A.
Procedural requirements.
(1)
After review by the Planning Commission, Borough Council, at
its sole and absolute discretion, may elect to apply the Flexible
Redevelopment Overlay to a parcel or set of contiguous parcels within
the area designated on the Zoning Map that meets one of the following:
(a)
A structure or site vacant for one year.
(b)
An unoccupied structure tax delinquent for two years.
(c)
Physical condition that has rendered the site a public nuisance
per Borough building codes.
(d)
Presence of a fire hazard to persons or property as determined
by the Borough Fire Chief.
(e)
Physical condition that has rendered the site an attractive
nuisance to children, including abandoned wells and shafts, basements,
excavations or unsafe structures.
(f)
A structure that, due to dilapidation, sanitation, vermin, lack
of facilities or safety, has been designated by the Borough as unfit
for human habitation.
(g)
A structure from which the utilities, plumbing, heating, sewerage
or other facilities have been disconnected, destroyed, removed or
rendered ineffective so that the property is unfit for its intended
use.
(2)
After review by the Planning Commission, Borough Council may,
in its sole discretion, determine whether the proposed tract is suitable
for application of the Flexible Redevelopment Overlay.
B.
R-2 District permitted uses under the Flexible Redevelopment Overlay.
These uses are permitted by right upon application of the overlay
district as described above. Upon demonstration to the Zoning Officer
that the dimensional and other applicable requirements of the section
are met, the Zoning Officer shall issue a permit.
(1)
Apartments with stores or offices.
(2)
Condominiums.
(3)
Mid-rise apartments.
(4)
Banks.
(5)
Business offices.
(6)
Commercial school.
(7)
Funeral homes.
(8)
General service repair shop.
(9)
Home occupation/professional office.
(10)
Home office.
(11)
Personal service shop.
(12)
Professional or medical offices.
(13)
Standard restaurant (floor area not to exceed 5,000 square feet).
(14)
Theater (capacity not to exceed 500 seats).
C.
M District permitted uses under the Flexible Redevelopment Overlay.
These uses are permitted by right upon the Borough's application of
the overlay district as described above. Upon demonstration to the
Zoning Officer that the dimensional and other applicable requirements
of the section are met, the Zoning Officer shall issue a permit.
D.
M District special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1)
Other restaurant.
E.
HC District permitted uses under the Flexible Redevelopment Overlay.
These uses are permitted by right upon the Borough's application of
the overlay district as described above. Upon demonstration to the
Zoning Officer that the dimensional and other applicable requirements
of the section are met, the Zoning Officer shall issue a permit.
F.
FRO lot area, width, coverage, and height requirements:
|
Minimum Lot Area
|
Minimum Lot Width
(feet)
|
Maximum Density
(units/ acre)
|
Maximum Building Coverage of Lot
|
Maximum Impervious Coverage of Lot
|
Maximum Building Height
(feet)
| |
|---|---|---|---|---|---|---|
|
R-2 FRO, all permitted uses
|
7,500 square feet
|
40
|
50
|
60%
|
85%
|
70
|
|
M FRO, all permitted uses
|
2,200 square feet
|
18
|
18
|
65%
|
85%
|
45
|
|
HC FRO, all permitted uses
|
20,000 square feet
|
Same as underlying district
|
N/A
|
60%
|
85%
|
70
|
G.
FRO yard requirements:
|
Minimum Front Yard
(feet)
|
Maximum Front Yard
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
| ||
|---|---|---|---|---|---|
|
R-2 FRO, all permitted uses
|
None
|
5
|
15
|
20
| |
|
M FRO, all permitted uses
|
0
|
5
|
5
|
10
| |
|
HC FRO, all permitted uses
|
None
|
5
|
15
|
20
|
I.
Design standards. Intent: to provide a set of guidelines that will
result in unified, harmonious, high-quality architecture throughout
the FRO without inhibiting the creative work of designers and the
individuality of property owners and tenant businesses. Design methods
are encouraged that minimize the large-scale visual impact of buildings
and create a complex compatible with pedestrian-scale streetscape.
(1)
Site design criteria.
(a)
Entrance drives shall be clearly visible and provide safe and
continuous means of ingress and egress to a street and be so located
as to be clearly discernible and accessible without obstruction and
so arranged to lead directly to the street.
(b)
Conflict between service vehicles, autos, and pedestrians shall
be minimized.
(c)
Main building entries shall be emphasized by accent features,
including one or more of the following: covered vehicle dropoffs,
plazas, planters and landscaping, architectural walls.
(d)
Site development shall be coordinated and unified with building
architecture.
(e)
Each phase of a development project shall provide stand-alone
visual unity.
(2)
Building form and materials.
(a)
Building walls shall be designed to create pedestrian-scale
exterior spaces by utilizing small wall segments, landscaping, wall
texture and shadow lines.
(b)
Building walls shall be comprised of one primary material that
expresses permanence, substance, timelessness and restraint.
(c)
Materials shall be sufficiently durable to provide low maintenance,
stability and a reasonable life span.
(d)
Materials shall be consistent or blend with existing materials
in adjacent areas of the district.
(e)
Pre-engineered painted metal is strongly discouraged.
(f)
Exposed drainage pipes on building fronts shall only be permitted
with the approval of the Borough.
(g)
Rooftop mechanical equipment visible from the ground shall be
screened or arranged in a neat and compact manner and colored to blend
into the visual background.
(h)
Sloped roofs shall be comprised of a traditional roof material.
(3)
Lighting guidelines.
(a)
Lighting visible from an adjacent street shall be indirect or
utilize a full-cutoff shield-type fixture.
(b)
Parking and vehicle access and circulation areas shall be illuminated
by full-cutoff fixtures. Parking area illumination shall achieve an
average-to-minimum uniformity ratio of 3 to 1 with minimum of 0.3
footcandle.
(c)
Service-area lighting shall be substantially contained within
the area's boundaries and walls.
(d)
Indirect (invisible source) wall lighting is encouraged.
(e)
Outdoor pedestrian area lighting shall achieve an average-to-minimum
uniformity ratio of 3.5 to 1 with minimum of 0.18 footcandle.
(f)
Outdoor pedestrian walkway lighting shall clearly identify the
walkway and imply the travel direction.
(g)
Inoperable bulbs shall be replaced and fixtures maintained/repaired
within five business days to maintain required light levels.
(4)
Landscaping.
(a)
Landscaping strips shall be provided to separate travel lanes
of adjoining roads from buildings, off-street parking lots, off-street
loading and outdoor storage.
(b)
Landscaping strips shall be provided to delineate travel lanes
of on-site access drives, driveways, interior drives and off-street
loading.
(c)
Landscaping materials shall be provided to buffer and screen
to promote compatibility between different adjoining land uses.
(d)
Landscaping materials shall be comprised of native species that
are healthy and vibrant. Dead material shall be replaced within six
months.
(e)
Side and rear yard landscaping strips required elsewhere shall
be at least 10 feet wide, six feet high, and achieve seventy-five-percent
coverage within four years of installation.
(f)
Any parking lot containing 20 or more parking spaces shall include
landscaping comprising at least 5% of the total lot area.
(5)
Integration. A development shall be designed and arranged to
integrate with its surroundings.
(a)
A development's configuration shall provide for a logical and
seamless connection with its surroundings through the connection of
roads, access drives, driveways, pedestrian paths and traffic control
devices with existing adjoining similar facilities at logical locations.
(b)
Development features shall be coordinated, such as shared use
of access drives, driveways, off-street parking, loading, storage,
display features, pedestrian paths and stormwater management facilities.
Shared-use facilities shall be guaranteed through recorded common
use and maintenance agreements.
(c)
A development shall provide for safe and convenient pedestrian
access to each use from adjoining properties and nearby residential
areas.
(6)
For buildings incorporating residential uses, the building shall
be designed so that it shall provide a minimum of 50% of the first
floor building footprint as permitted nonresidential use.
[Added 1-4-2021 by Ord. No. 833]
[Added 4-16-2012 by Ord. No. 763]
Purpose: to permit and encourage flexibility in development
by allowing additional uses within the below zoning districts to facilitate
trail-oriented and trail-compatible uses.
A.
TrOO District permitted uses. These uses are permitted by right upon
the Borough's application of the overlay district as described above.
Upon demonstration to the Zoning Officer that the dimensional and
other applicable requirements of the section are met, the Zoning Officer
shall issue a permit.
B.
TrOO District special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
C.
TrOO lot area, width, coverage and height requirements: same as in
the underlying district.
D.
TrOO yard requirements: same as in the underlying district.
F.
Design standards for trail-adjacent properties. Intent: to provide
a set of guidelines that will result in unified, harmonious, high-quality
architecture for trail-adjacent properties in the TrOO without inhibiting
the creative work of designers and the individuality of property owners
and tenant businesses. Design methods are encouraged that maximize
the visibility of the trail, create a visual relationship between
the trail and adjacent buildings, and create pedestrian-scale architecture
along both trail and the street.
(1)
Site design criteria.
(a)
Buildings shall be located to preserve trail views.
(b)
Buildings shall be set back at least 15 feet from the trail
property line.
(c)
Buildings shall have their primary entrance facing the street
and a secondary entrance facing the trail.
(d)
For nonresidential buildings and apartments, ground-floor facades
of buildings visible to pedestrians on the trail shall contain a minimum
of 60% window area and a maximum of 75%.
(e)
For nonresidential buildings and apartments, upper-story facades
of buildings visible to pedestrians on the trail shall contain a minimum
of 35% window area and a maximum of 75%.
(f)
Structures exceeding the maximum building height and requiring
a variance shall submit shadowing studies describing the impact to
the trail.
(g)
Lots more than 300 feet from the end of a block shall provide
a path connecting the trail to the street. The path shall be reserved
for public use through dedication or the granting of an easement to
the Borough. The path shall consist of crushed stone or paving and
shall be at least four feet in width.
(h)
Parking lots containing five or more spaces shall include bike
racks.
(i)
Signs visible from the trail shall not exceed 20 square feet.
