Borough of Emmaus, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 776, 6/21/1993, § 801]
1. 
Frontage Required onto Improved Street.
A. 
A principal building shall only be built upon a lot with frontage on a public street improved to meet Borough standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the Subdivision and Land Development Ordinance [Chapter 22], except in either of the following cases:
(1) 
A single lot that existed as a lawful recorded lot of record prior to the adoption of this chapter and that is not proposed to be subdivided and that is to be used for a single-family detached dwelling shall be permitted to have access onto a public street by means of a paved public alley with a minimum cartway width from the subject lot to a public street of 10 feet if all of the following apply:
(a) 
Such alley provides legally-permanent access to the property.
(b) 
The Zoning Officer determines there are no other feasible methods of providing access to the property.
(c) 
Such alley already exists in a satisfactory condition or would be improved as necessary by the applicant.
(d) 
A sufficient turning radius is provided for the average size modern fire pumper truck to turn into the alley and to turn into the applicant's driveway.
(e) 
If the integration of nonconforming lots provision of § 27-806 does not apply.
(2) 
A townhouse or condominium apartment development may have access to individual dwellings using a parking court and a shared accessway/private street within the tract; provided, that such shared access/private street guarantees adequate permanent access (with a method for funding perpetual maintenance approved by the Borough Council under the Subdivision and Land Development Ordinance [Chapter 22]) from such dwellings to a public street).
B. 
Any new lot that is granted subdivision approval shall have frontage onto a public street, except as permitted in subsection (A), above, the individual lots within a townhouse or condominium apartment development are not required to have their own frontage onto a public street if the overall tract has frontage onto a public street.
2. 
Multiple Uses in a Building. Occupancy of a principal commercial or industrial building by more than one permitted use is specifically allowed, provided that all other requirements of this chapter are satisfied.
3. 
Multiple Buildings on a Lot. An approved commercial, institutional, industrial, townhouse or apartment lot may include more than one principal building. In such case, the minimum front, side and rear yard requirements shall only apply at lot lines of the property. Individual buildings or portions of such buildings may be held in approved condominium ownership, but the lot shall be owned by a single legal entity. In cases not meeting this subsection only one principal building shall be permitted per lot.
4. 
Minimum Size of Dwellings. Each dwelling unit shall include the following minimum habitable indoor heated floor area:
A. 
Five hundred square feet for apartment dwelling units; and,
B. 
Seven hundred square feet for any other dwelling units.
[Ord. 776, 6/21/1993, § 802]
1. 
Height Exceptions. The maximum structure height specified for each district shall not apply to: farm silos and associated agricultural structures, commercial communications antennas, amateur radio antenna (see § 27-403), water towers, clock or bell towers, steeples or spires of places of worship, electrical transmission lines, elevator shafts, ventilators, skylights, windmills, chimneys or other appurtenances usually required to be and customarily placed above the roof level and not intended for human occupancy.
2. 
Height and Airport Approaches. At a minimum, any structure proposed to have a height of 75 feet or more above average surrounding ground level shall present sufficient information to the Zoning Officer to prove that the structure would comply with all applicable federal, state and Borough requirements regarding airport approaches and warning lights. See § 27-809 regarding airport approaches.
[Ord. 776, 6/21/1993, § 803; as amended by Ord. 1009, 12/4/2006]
1. 
In General.
A. 
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, nonimpervious areas and off-street parking areas.
B. 
Emergency Access. All uses and structures shall have adequate provisions for access by emergency vehicles. The Zoning Officer, Borough Council or Planning Commission may request advice from the Borough emergency services staff on whether this requirement is met.
C. 
Accuracy. The applicant is responsible to make sure that all measurements, certifications, reports and statements submitted to the Borough are accurate.
2. 
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
A. 
Nonconforming Lots. See § 27-806.
B. 
Through Lots. Any lot having frontage on two approximately parallel streets (not including an alley) shall provide a required front yard setback abutting each of these streets.
C. 
Corner Lot Setback. A corner lot (as defined in Part 2 under "Lot, Corner"):
(1) 
Is not required to have a rear setback yard, but may instead have two side yards on the sides that are not abutting the streets.
(2) 
Shall have one yard meeting the required front yard setback abutting one street, and a 15 feet minimum principal building setback yard abutting the second street, except that such 15 feet setback is not required in the B-C district.
D. 
Triangular Lots. If a three-sided lot does not have a rear lot line, then the required rear yard shall measured from the corner that is furthest away from the front lot line. In such case, the lot shall have two side lot lines.
E. 
Projections Into Required Yards. The following features may project into required yards:
(1) 
Emergency fire escapes and exits added on to a building that existed prior to the adoption of this chapter; provided, that such does not intrude into a required front yard, intrudes a maximum of eight feet into a required side or rear yard, and does not project into an abutting lot.
(2) 
Routinely projecting architectural features such as bay windows, cornices, eaves, fireplaces, flues, gutters, chimneys, fire escapes or window sills which do not project more than three feet into any required yard.
(3) 
Stairs and landings that are not covered by structural roofs, provided such stairs or landings do not exceed four feet in height.
(4) 
Open balconies that project a maximum of five feet into any required yard.
(5) 
Patios and decks that:
(a) 
Are not covered by a structural roof.
(b) 
Are not enclosed and do not have walls of mostly solid material, glass or plexiglass.
(c) 
Are not closer than five feet to any side or rear lot line, (except zero feet at a shared lot line of attached dwellings).
(d) 
Are not raised an average of more than four feet above the surrounding average ground level.
(6) 
Patios and decks that do not comply with subsection (5), above, and that:
(a) 
May or may not be covered by a structural roof.
(b) 
Are not enclosed and do not have walls of mostly solid material, glass or plexiglass.
(c) 
Are not closer than five feet to any side lot line or 15 feet to any rear lot line, (except zero feet at a shared lot line of attached dwellings).
(7) 
Wheelchair Access Ramps. See § 27-306(5), "Essential Services."
F. 
Previously Approved Setbacks. Where a subdivision or land development was granted final approval prior to the adoption of this chapter, and the lawful setbacks in effect at such time are shown on the approved plans, at the option of the developer, those approved setbacks may apply in place of any revised setbacks in this chapter.
G. 
Front Yard Exceptions. When an unimproved residential lot is situated between two or more lots with principal buildings with principal building front yard setbacks with less depth than required in that district, the minimum front yard shall be reduced to the depth of such abutting improved lot that has the largest depth.
H. 
Parking Lot Setbacks. See Part 6.
I. 
Depth of Irregular Lots. On irregularly-shaped lots where the rear lot line is not parallel to the front lot line, the minimum depth may be based upon average dimensions.
J. 
De Minimis. In cases where an inadvertent error has been made in design or construction, the Zoning Officer may permit a variation of up to 3% in one requirement of this chapter.
K. 
Culs-de-Sac. The minimum lot width may be reduced to 60% of what would otherwise be required for lots abutting a cul-de-sac street; provided, that the minimum width along the curbline is not less than 30 feet for a dwelling unit other than a townhouse.
3. 
Sight Distance at Intersections.
A. 
Purpose. To ensure that traffic passing through an intersection or turning onto a street can safely see oncoming traffic.
B. 
A clear sight triangle shall be provided and maintained at all street and/or alley intersections. Such clear sight distance shall be maintained between two feet and 10 feet above curb level. Such triangle shall be 15 feet along the right-of-way lines of the streets or alleys, measured from the intersection of such rights-of-way, with the third longer leg of the triangle connecting the two ends, unless a larger triangle is required under the Subdivision and Land Development Ordinance [Chapter 22]. If the intersection is rounded, the triangle shall be measured from the extended ends of the rights-of-way.
C. 
Within such clear sight triangle, no grading shall occur or structures (such as buildings, fences or walls) be placed or expanded or vegetation be permitted that would obstruct the vision of motorists of pedestrians and other traffic. The only obstructions permitted within such triangle shall be transparent fences, vegetation regularly maintained at less than two feet height, mailboxes, sign or utility posts less than one foot in width and the trunks of deciduous trees.
D. 
This sight distance triangle shall be shown on development plans submitted to the Borough and be shown on any plan required to be recorded. Such triangle shall serve as a permanent setback line for all such visual obstructions and shall be binding upon present and future owners of the land.
E. 
If a driveway or accessway enters onto a street, a required sight triangle as stated above shall be maintained, except the length of the triangle shall be eight feet long measured at the center line of the driveway or accessway and at the street right-of-way line.
4. 
Buffer Yards. Buffer yards and screening complying with the following standards shall be required under the following situations:
A. 
When Required. Buffer yards of primarily evergreen screening shall be required whenever any new or expanded uses principal commercial use, principal industrial use, industrial outdoor storage area or development of 10 or more apartment dwelling units has a side or rear yard that abuts a residential lot line as defined by Part 2.
B. 
Width and Plants. Any required buffer yard shall have a minimum width of eight feet and include plant screening as stated in the buffer yard section (§ 22-519) of the Subdivision and Land Development Ordinance [Chapter 22]. Plants shall be chosen and placed so as to reasonably be expected to form a solid year-round visual screen with a minimum height of six feet within three years of planting.
C. 
Location of Buffer Yards.
(1) 
The buffer yard shall be measured from the district boundary line, future street right-of-way line or lot line, whichever is applicable.
(2) 
Plants needed for the visual screen shall not be placed within a future street right-of-way. The required buffer yard width shall be in addition to the required future street right-of-way.
(3) 
The buffer yard may be within a required front, side or rear yard, or a paved area setback area provided the larger width requirement shall apply in case of overlap.
D. 
Characteristics of Buffer Yards.
(1) 
The buffer yard shall be a landscaped area free of structures, dumpsters, commercial or industrial storage or display, manufacturing or processing activity, materials, loading and unloading areas or vehicle parking or display. No new driveways or streets shall be permitted in the buffer yards except at points of approved necessary perpendicular crossings for ingress or egress.
(2) 
Maintenance. In buffer yards, all areas not covered by trees and shrubs shall be well-maintained in an all-season vegetative ground cover (such as grass) and shall be kept free of debris and rubbish and shall not include grass areas higher than six inches.
(3) 
Fence. Any fence in a buffer yard shall be placed on the inside of any required evergreen screening.
(4) 
Modifications. In situations where it would be impractical to develop a screen that would meet all Borough requirements or where an undue hardship would be created to an applicant, the Zoning Hearing Board may agree to modify these requirements to allow an acceptable alternative. Such alternative may, for example, involve the development of a solid wooden fence that has been treated to be weather-resistant. Such modification shall only occur after a review by the Planning Commission.
E. 
Buffer Yard Plans.
(1) 
Prior to the issuance of a permit under this chapter where a buffer yard would be required, and on any required subdivision or land development plan, the applicant shall submit plans showing:
(a) 
The location and arrangement of each buffer yard.
(b) 
The placement, general selection of species and initial size of all plant materials.
(c) 
The placement, size, materials and type of all fences to be placed in such buffer yard.
(2) 
The Zoning Officer shall review such plans to determine that the plans are in conformance with the terms of this chapter.
F. 
Occupancy Permit. A zoning occupancy permit for a use on the premises shall not be issued until such time as the buffer yards and other landscaping requirements established by Borough ordinances are either:
(1) 
Actually installed in full compliance with such ordinance; or,
(2) 
If such season is not appropriate for planting, a performance guarantee of 100% of the cost of such landscaping, with such estimate approved by the Borough Manager, has been deposited with the Borough Secretary. Such guarantee shall be in an acceptable form to the Borough. Such guarantee shall provide that the depositor agrees that if performance is not completed within six months of any permit issued on or before August 31 of any year or within nine months of any permit issued on or after September 1 of any year, the Borough may complete the landscaping and buffer requirements and charge the cost against the deposit. Otherwise, the deposit shall be returned in full with any interest earned after the satisfactory completion of the work.
[Ord. 776, 6/21/1993, § 804; as amended by Ord. 1009, 12/4/2006]
1. 
Ground cover. Any part of a commercial, industrial, institutional or garden apartment lot which is not used for structures, loading areas, parking spaces and aisles, sidewalks and designated storage areas shall be provided with an all-season, well-maintained vegetative ground cover, and shall be landscaped with trees and shrubs.
2. 
See also the following landscaping requirements:
A. 
Section 22-514, "Landscaping General Requirements," § 22-515, "Detention Basin Plantings," § 22-516, "Parking Facilities, Landscaping," § 22-517, "Multiple Family Development, Landscaping" and § 22-518, "Street Trees," or their successor sections, of the Borough Subdivision and Land Development Ordinance [Chapter 22].
(1) 
Such provisions shall apply to any additional 4,000 or more square feet of impervious coverage or any development of a new principal non-residential building, regardless of whether such use would be a "subdivision" or "land development."
B. 
The buffer yard requirements in § 27-803(4) of this chapter.
C. 
The Borough Shade Tree Ordinance [Chapter 25], which primarily regulates the type, placement and maintenance of trees along public streets.
[Ord. 776, 6/21/1993, § 805]
See the Borough Subdivision and Land Development Ordinance (§ 22-504 or its successor section) [Chapter 22].
[Ord. 776, 6/21/1993, § 806; as amended by Ord. 940, 1/7/2002, § 3; by Ord. 1009, 12/4/2006; and by Ord. 1073, 10/4/2010]
1. 
Registration of Nonconformities. It shall be the responsibility of a party asserting a nonconformity to provide the evidence that it is lawful. A property owner may request a written statement of nonconformity from the Zoning Officer after providing sufficient evidence.
2. 
Continuation of Nonconformity. A lawful nonconforming use, structure or lot as defined by this chapter may be continued and may be sold and continued by new owners. Any expansion of, construction upon or change in use of a nonconformity shall only occur in conformance with this section.
3. 
Expansion of, Construction Upon or Change in Use of Nonconformities.
A. 
Nonconforming Structure.
(1) 
The Zoning Officer shall permit a nonconforming structure to be reconstructed or expanded as follows:
(a) 
When a lawful structure exists on the effective date of this chapter, or subsequent amendments thereto, that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height or yards, it may be continued as long as it remains otherwise lawful, subject to the following provisions:
1) 
In any residential district where a structure is nonconforming because it does not fulfill the yard requirements of the district in which it is located, it may be enlarged, provided that the addition is extended along the existing building line. Such extensions shall not be permitted to encroach any further into the yards than as currently nonconforming, nor cause a nonconformity.
2) 
In no case shall any addition be larger than 25% of the gross floor area of the existing building.
3) 
A nonconforming structure, which is damaged by fire, explosion or act of God, may be rebuilt and used for the same purposes, provided that the reconstruction of the building is commenced within one year from the date of the destruction of the building, and is carried out to completion without undue delay. In no case shall the reconstructed structure be larger than the one existing at the time of destruction.
(2) 
In the case of a nonconforming structure that is occupied as a nonconforming use, any expansion shall also meet the requirements of this section regarding nonconforming uses.
B. 
Nonconforming Lot.
(1) 
New permitted structures for a single permitted by right principal use and its customary accessory uses may be constructed, reconstructed or expanded on a nonconforming lot of record as a permitted by right use if all of the following requirements are met:
(a) 
The lot area is at least 40% of the minimum lot area.
(b) 
The lot width is at least 40% of the minimum lot width.
(c) 
The lot is a lot of record that lawfully existed prior to the adoption of this chapter or an applicable subsequent amendment.
(d) 
Minimum setbacks and other requirements of this chapter are complied with for any new construction or expanded area.
(e) 
For a dwelling on a nonconforming lot, the front door shall face a public street, and the dwelling shall have a side facing onto a public street that has an appearance typical of a front of a dwelling.
(2) 
Setbacks. The Zoning Hearing Board may grant a special exception to reduce the required setbacks for construction on a nonconforming lot if the Board determines that such reduction would result in a building that would be more compatible with neighboring buildings than would be built if the setback requirement was not reduced.
(3) 
Integration/Merger. Contiguous nonconforming lots under common ownership shall be integrated/merged to form lots that would be conforming or less nonconforming.
(4) 
Variances. If a proposed development on a nonconforming lot does not meet the requirements of the above § 27-806(3)(B), subsections (1) and (2), then development of the lot shall not occur unless a variance is granted by the Zoning Hearing Board. In addition to the standards stated for a variance in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., the Zoning Hearing Board shall also review whether any alternative permitted uses could reasonably be made of the property that would less significantly adverse impacts upon the established character of an existing residential neighborhood than the proposed use.
C. 
Expansion of a Nonconforming Nonresidential Use. A nonconforming use or a building used by a nonconforming use shall not be expanded, except in accordance with the following provisions:
(1) 
An expansion of more than 5% in total building floor area shall require special exception approval from the Zoning Hearing Board under § 27-119.
(2) 
Such reconstruction or expansion shall be only upon the same lot that the nonconforming use was located upon at the time the use became nonconforming.
(3) 
The nonconforming use shall not be expanded by more than 25% beyond the total building floor area used by a nonconforming use or the total area covered by impervious surfaces of a nonconforming use, whichever is more restrictive. Such measurement shall be based upon the floor area and impervious surface area that existed at the time such use became nonconforming.
(a) 
These maximum increases shall be measured in aggregate over the entire life of the nonconformity.
(b) 
If the Zoning Hearing Board determines that such measurements are not applicable to a particular use, then the Zoning Hearing Board may establish a reasonable measure to base the 25% expansion upon.
(4) 
Any expansion of a nonconforming use shall meet the required setbacks and other requirements of this chapter, unless the Zoning Hearing Board grants a variance.
(5) 
The Zoning Hearing Board may require a nonconforming use that is expanding to provide: (i) a buffer yard with a planting screen meeting the requirements of § 27-803; and/or, (ii) an attractive weather-resistant solid wood fence of six feet minimum height.
D. 
Expansion of a Nonconforming Residential Use. An existing nonconforming residential use may be expanded in floor area as a permitted by right use provided that:
(1) 
The number of dwelling units or rental units, as applicable, is not increased.
(2) 
The expansion meets all applicable setbacks.
(3) 
No new types of nonconformities are created.
(4) 
A nonconformity is not made more severe (including the building area within the required setback area).
4. 
Damaged or Destroyed Nonconformities.
A. 
A nonconforming structure that has been destroyed or damaged equal to 50% or more of its total value by fire, windstorm, lightning or a similar cause deemed not to be the fault of the owner may rebuild in a nonconforming fashion only if:
(1) 
The application for a building permit is submitted within 18 months after the date of damage or destruction.
(2) 
Work begins in earnest within 12 months afterwards.
(3) 
A nonconformity shall not be created or increased by any reconstruction.
B. 
Rebuilding of a damaged or destroyed nonconformity shall not begin until plans for rebuilding have been presented and approved by the Zoning Officer. Any change of one nonconforming use to another nonconforming use shall comply with the provisions of this section.
C. 
Nonconforming Use of Open Land. All nonconforming off-premises signs, junkyards, outside storage areas and similar nonconforming uses of open land, when damaged to an extent of 50% or more of replacement cost, shall not be continued, repaired or reconstructed.
5. 
Abandonment of a Nonconformity.
A. 
If a non-conforming use of building or land is sufficiently shown to be discontinued, razed, removed or abandoned, subsequent use of such building or land shall conform with the regulations of the district in which it is located, except as provided for in the "damaged or destroyed non-conformity" provisions of this section.
B. 
The party asserting abandonment of a building or land shall be responsible to provide sufficient evidence to establish an intent to abandon the use, and that such use was abandoned.
6. 
Floodplain. See the floodplain area regulations in Part 5.
7. 
Changes from One Nonconforming use to Another.
A. 
Once changed to a conforming use, a structure or land or portion thereof shall not revert to a nonconforming use.
B. 
A nonconforming use may be changed to a different type of nonconforming use only if permitted as a special exception by the Zoning Hearing Board. The Board shall determine whether the applicant has provided sufficient proof to show that the proposed new use will be equally or less objectionable in external effects compared to the preexisting nonconforming use. The Board should review the following types of effects:
(1) 
Traffic generation (especially truck traffic).
(2) 
Noise, dust, fumes, gases, odor, glare, vibration, fire and explosive hazards.
(3) 
Amount and character of outdoor storage.
(4) 
Hours of operation if the use would be close to dwellings.
(5) 
Compatibility with the character of the surrounding area.
C. 
District Changes. Any uses, structures or lots that become nonconforming because of a zoning district change shall be regulated under this section on nonconformities.
8. 
Subdivision of Lots with Existing Buildings. Notwithstanding limitations imposed by other provisions of this chapter, a lot which had one or more principal building existing prior to September 8, 1987, may be divided into more than one nonconforming lot provided such division is for purposes of conveyance into separate ownership and provided the following conditions are met:
A. 
Each lot shall include a maximum of one principal building.
B. 
Each lot shall have vehicle access onto a public street.
C. 
Each lot shall be served by both public water and public sewage service.
D. 
The boundaries of all lots shall be designed in such a manner to maximize lot area, lot width, lot depth and yard areas and to result in a functional configuration that minimizes nonconformities.
E. 
Variances of lot area, width, depth and yard areas shall require action by the Zoning Hearing Board.
F. 
The Zoning Hearing Board shall not make a decision on a variance under this section until a minimum of 40 days after an application is filed, unless comments have already been received from the Planning Commission.
[Ord. 776, 6/21/1993, § 807; as amended by Ord. 1080, 9/19/2011]
1. 
Construction Vehicle Parking and Temporary Offices. See "essential services," a permitted by right accessory use, in § 27-306.
2. 
Tents. The following are permitted by right accessory uses: tents erected for a use during a maximum of five days in any calendar year for: (A) routine and customary accessory noncommercial uses (such as weddings in a rear yard) and for (B) a routine and customary accessory use to an existing commercial use.
3. 
Christmas Tree Sales. A lot in a commercial or industrial district may be used for the retail sale of Christmas Trees between November 20 and December 30, provided such use does not create a public safety hazard.
4. 
Accessory Outdoor Retail Sales. Other than is permitted by the above subsection (3), a commercial lot may be used for additional outdoor commercial retail sales only if:
A. 
The operator is granted any business permits required by the Borough;
B. 
No required off-street parking spaces are obstructed; and,
C. 
Signs visible from a public street comply with this chapter.
5. 
Temporary Uses by Special Exception. For temporary structures or uses that are not specifically permitted by right by this chapter, and other than those uses that were lawfully occurring on a periodic basis prior to the adoption of this chapter, a temporary permit may be issued by the Zoning Hearing Board as a special exception for structures or uses subject to the following additional provisions:
A. 
Duration. The Zoning Hearing Board shall establish a limit on the duration of the use. In the case of a special event, except under special circumstances, this should be a maximum of six days in any sixty-day period. The Zoning Hearing Board may grant a single approval once for numerous occurrences of an event.
B. 
Statement from Owner. The applicant shall present a statement from the owner of record of the land accepting responsibility to ensure that the use or structure is removed once the permit expires.
C. 
Removal. Such structure or use shall be removed completely upon expiration of the permit without cost to the Borough. If the structure or use is not removed in a timely fashion after proper notification, the Borough may remove the use or structure at the cost of the person who owns the land upon which the structure or use is located.
D. 
Conditions. The temporary use or structure shall: (1) be compatible with adjacent uses; and, (2) clearly be of a temporary nature.
E. 
Fee. Either the Zoning Hearing Board or the Borough Council may waive and/or return the required application fee if the applicant is a Internal Revenue Service recognized and well-established nonprofit organization, and the applicant clearly shows that the proposed use is temporary and will be used to clearly primarily serve a charitable or public service purpose.
F. 
Nonprofit. Only a well-established and Internal Revenue Service recognized nonprofit organization proposing a temporary use to clearly primarily serve a charitable or public service purpose shall be eligible to receive approval for a temporary commercial use in a district where that use is not permitted.
G. 
Special Events. For a special event that will attract significant numbers of the public, the Zoning Hearing Board may deny the use if it determines that the following will not be generally appropriate: sanitary and water service, traffic control, off-street parking and protection of the public health and safety.
H. 
Annual Special Events. If the Zoning Hearing Board grants a special exception for a temporary use for an annual special event, then the Board's grant of such temporary use upon an initial application submitted by a non-profit organization applying to conduct an event, shall authorize the Zoning Officer to grant a permit for such temporary use in subsequent years, provided that the application for a permit in subsequent years demonstrates to the Zoning Officer's satisfaction that the event is the same, or substantially the same, as in the year in which the Zoning Hearing Board granted the temporary use, and that the applicant has satisfied all of the conditions imposed by the Board for such use. If the Zoning Officer determines that the proposed temporary use is materially different from the event for which the Board granted approval, or if the Zoning Officer determines that the proposed event does not meet all of the conditions imposed by the Zoning Hearing Board, then the Zoning Officer shall deny the application. In the event of such denial, the applicant may appeal to the Zoning Hearing Board pursuant to this section. An applicant may only apply for a permit under this paragraph if it is conducting an annual event. This paragraph shall not apply if the event was not held and a permit issued by the Zoning Hearing Board or the Zoning Officer in the immediately preceding year.
[Ord. 776, 6/21/1993, § 808]
See the requirements of the Borough Subdivision and Land Development Ordinance [Chapter 22].
[Ord. 776, 6/21/1993, § 809]
1. 
All uses, structures and activities, unless otherwise indicated, shall comply with the regulations and standards of this section.
A. 
Airport Approach Definitions. For the purpose of this section, the following words, terms and phrases shall have the following meanings, unless expressly stated otherwise:
(1) 
Airport. The Queen City Municipal Airport, Lehigh County, Pennsylvania.
(2) 
Airport Elevation. The established airport elevation for the airport: 399 feet above mean sea level.
(3) 
Conical Zone. The area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet.
(4) 
Horizontal Zone. The area within lines drawn tangent to adjacent arcs established by swinging arcs of 5,000 feet for all runways designated by the airport as utility or visual and arcs of 10,000 feet for all other runways from the center of each end of the primary surface of each runway of the airport.
(5) 
Primary Surface. A surface centered longitudinally on a runway. If such runway has a specially prepared hard surface, the primary surface extends 200 feet beyond each end of such runway.
(6) 
Tree. Any object of natural growth.
B. 
Elevation Limitations. Regardless of any other provisions of this chapter and except as otherwise provided in this section, no structure shall be erected, altered or maintained, and no tree shall be allowed to grow in any of the following zones to an elevation in excess of the elevation limit established for each such zone as follows:
(1) 
Conical Zone. One hundred feet above the airport elevation at the periphery of the horizontal zone and increasing at a uniform slope of one foot upward for each 20 feet outward from the horizontal zone to a height of 350 feet above the airport elevation.
(2) 
Horizontal Zone. One hundred feet above the airport elevation.
C. 
Airport Approach Use Restrictions. Regardless of any other provisions of this chapter, no use of land or water in the conical zone or horizontal zone shall:
(1) 
Create electrical interference with the navigational signals or radio communication between the airport and aircraft.
(2) 
Make it difficult for pilots to distinguish between airport lights and other lights.
(3) 
Result in glare in the eyes of pilots using the airport.
(4) 
Impair visibility in the vicinity of the airport.
(5) 
Create bird strike hazards.
(6) 
In any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
D. 
Airport Approach Nonconformities and Natural Growth.
(1) 
Regulations Not Retroactive. The regulations prescribed by this section shall not be construed to require the removal, lowering or other change or alteration of any use, structure or tree not conforming to such regulations which nonconformity existed prior to the effective date of this section.
(2) 
Marking and Lighting. Regardless of subsection (D)(1), above, the owner of any such nonconforming use, structure or tree is hereby required to install, operate and maintain (at the owner's expense) thereon such markers or lights as shall be necessary to indicate the presence of such nonconformity to the operators of aircraft in the vicinity of the airport.
(3) 
Enlargement or Expansion. Regardless of any other provisions of this chapter, no such nonconforming use, structure or tree may be enlarged or expanded in any way which increases the nonconformity with the regulations of this section.
(4) 
Abandonment, Removal, Condemnation or Destruction. Regardless of any other provisions of this chapter, no nonconforming part of any nonconforming use, structure or tree which is abandoned, removed, condemned or destroyed shall be replaced unless it conforms with the requirements of this section, except when authorized as a special exception by the Zoning Hearing Board pursuant to Part 1, and the following conditions:
(a) 
That it would not be feasible to use the remainder of the use, structure or tree without replacement of the nonconformity;
(b) 
That the replacement represents the minimum nonconformity needed to use the remainder of the use, structure or tree; and,
(c) 
That adequate safeguards will be provided to ensure the safety and welfare of all persons and property potentially affected.
E. 
Airport Approach Permits.
(1) 
Scope. The owner of any proposed use, structure or tree which:
(a) 
Will be located in either the conical zone or the horizontal zone; and,
(b) 
Is 75 feet or more in height or is of such character or will be used in such a manner as to cause a reasonable question whether such proposed use, structure or tree will conform with the requirements of this section as determined by the Zoning officer, shall apply for an airport zoning permit.
(2) 
Application. Each application for an airport zoning permit shall indicate the purpose for which the permit is desired with sufficient particularity to provide for the determination whether the proposed use, structure or tree will conform with the regulations of this section. No application shall be reviewed unless accompanied by the fee established by Council by resolution.
(3) 
Issuance.
(a) 
If the Zoning Officer determines that such proposed use, structure or tree conforms with all of the requirements of this section, he shall issue an airport zoning permit. The Zoning Officer may require the owner of any proposed use, structure or tree to install, operate and maintain (at the owner's expense) thereon such markers or lights necessary to indicate the presence of such proposed use, structure or tree.
(b) 
The Zoning Officer shall not issue an airport zoning permit for any proposed use, structure or tree which will not conform with all of the regulations of this section.
(c) 
The decision of the Zoning officer may be appealed to the Zoning Hearing Board pursuant to Part 1.
F. 
Airport Approach Variances.
(1) 
Application. In addition to the applicable requirements of this chapter, a copy of each application for a variance from the regulations of this section shall be furnished to such official or body authorized by the airport and proof of such shall be furnished with the application. No decision shall be made until 15 days after the filing of the application unless such official or body advises the Zoning Hearing Board as to the impact of such variance on aeronautical safety and operations.
(2) 
Issuance. In addition to the applicable requirements of this chapter, the Zoning Hearing Board shall not grant a variance from the regulations of this section, unless the following conditions are met:
(a) 
That the application for a variance shall be accompanied by a determination from the Federal Aviation Administration that the effect of the proposed variance shall not diminish the safe, efficient use of navigable airspace or the operation of air navigation facilities.
(b) 
That it would be infeasible to alter or make use of the use, structure or tree without the proposed variance.
(c) 
That the variance represents the minimum variance needed to make use of the use, structure or tree.
(d) 
That adequate safeguards will be provided to ensure the safety and welfare of all persons and property potentially affected.
[Ord. 776, 6/21/1993, § 810]
1. 
Intent. To provide incentives to developers to help to resolve preexisting stormwater problems.
2. 
This section shall apply to a serious stormwater problem area, as identified in the Borough Comprehensive Plan, as amended. Such list for the purposes of this section may be amended or revised by resolution of Borough Council.
3. 
If an applicant offers to put into place measures to resolve a serious pre-existing stormwater problem area, a bonus may be granted as a conditional use by the Borough Council under this section. It shall be the responsibility of the applicant to prove to the satisfaction of the Borough Council, based upon review by the Borough Engineer and Planning Commission, that the proposed measures would resolve or substantially reduce the stormwater problem.
4. 
No bonus shall be granted for any stormwater controls that would ordinarily be required under Borough ordinances, standard engineering practices, County Conservation District approval or state law.
5. 
Bonuses. If an applicant meets the requirements of these bonus provisions as determined by Borough Council, Borough Council shall authorize as a conditional use the following:
A. 
An increase of 10% in the maximum impervious coverage above what would otherwise be permitted.
B. 
A reduction of 10% of building setback requirements.
C. 
A decrease of 10% in the minimum lot area and/or minimum average lot area per dwelling unit below what would otherwise be permitted.