[Ord. No. 2019-10, 8/1/2019]
1. 
The purpose of the Highway Enterprise District is to provide desirable locations for modern and innovative industrial, technology, professional, commercial, service or amusement uses along the eastern portion of Hamilton Boulevard within the Township. These uses shall be harmonious with surrounding areas with the zone establishing performance and development standards to ensure the area is desirable and does not constitute a hazard or nuisance to the Township.
[Ord. No. 2019-10, 8/1/2019]
1. 
The following uses listed as "permitted use" in the Highway Enterprise District in Exhibit 1: Zoning Use Matrix[1] are permitted by right in this zoning district conditioned on the requirements of Part 24 and provided the use type, dimensional, and all other applicable requirements of this chapter are satisfied.
[1]
Editor's Note: Said exhibit is included as an attachment to this chapter.
[Ord. No. 2019-10, 8/1/2019]
1. 
The following uses listed as "conditional use" in the Highway Enterprise District in Exhibit 1: Zoning Use Matrix may be permitted following review and recommendation by the Planning Commission and a hearing and approval by the Board of Commissioners in accordance with the procedures and criteria in Part 24, provided all provisions of this chapter are met.
[Ord. No. 2019-10, 8/1/2019]
1. 
The following uses may be permitted when authorized as a special exception by the Zoning Hearing Board, subject to the provisions of Part 24, provided all provisions of this chapter are met:
A. 
Any use of the same general character as those uses permitted by right or condition in this district. Evidence shall be submitted documenting the degree to which the proposed use will emit smoke, dust odor or other air pollutants, noise, vibration, light, electrical disturbances, water pollutants, chemical pollutants, increased storm runoff, and the additional traffic generated by the proposed facility. Such evidence may include the proposed use of proven special structural or technological innovations.
B. 
Heliports.
[Ord. No. 2019-10, 8/1/2019]
1. 
Accessory uses on the same lot and customarily incidental to the permitted use are permitted by right. The term "accessory use" may include the following uses which shall comply with all applicable provisions stated for them:
A. 
Accessory buildings such as garages and buildings related to the proposed use and meeting the same yard requirements as the principal buildings.
B. 
Accessory residential dwelling.
C. 
Amateur radio antennas in accordance with § 27-1708.2.G and § 27-1709.1.J.
D. 
Daycare for children, provided as an accessory use to a commercial or industrial use, in accordance with § 27-1709.1.N.
E. 
Home occupations in accordance with § 27-1708.2.I.
F. 
Outdoor storage use areas for equipment supplies and materials provided that they are screened from view of adjacent properties and streets, as described in § 27-1803.
G. 
Private outdoor recreation including tennis courts.
H. 
Processes clearly customary and incidental to the primary use of a research, development, testing and manufacture facility for such products as electrical or electronic devices; small home, commercial and industrial appliances and instruments; electrical supplies, including such equipment and supplies as computers, computer components, medical equipment, medical devices, lighting controls, lighting fixtures, fans, parts, control instruments, optical and other professional and scientific instruments and equipment.
I. 
Restaurant or cafeteria, primarily for employees.
J. 
Solar panel in accordance with § 27-1708.2.O and § 27-1709.1.M.
K. 
Temporary structures or uses, as outlined in § 27-1708.2.J and § 27-1709.1.D.
L. 
The storage of crude oil or any of its volatile products or other highly flammable liquids as an accessory use in underground tanks, provided that no individual tank shall have a capacity greater than 10,000 gallons. Propane liquefied gas may be stored above or below ground.
[Ord. No. 2019-10, 8/1/2019]
The following dimensional requirements in this section and § 27-1407 shall apply to each use permitted in the district by right, by condition, or by special exception, subject to further applicable provisions of this chapter. The most restrictive dimensional requirements for each use shall apply. Impervious coverage shall not exceed 70%.
Principal Use
Minimum Lot Area
(acres)
Minimum Lot Width
(feet)
Maximum Building Coverage
Maximum Impervious Coverage
Maximum Building and Structure Height Unless Otherwise Specified
(feet)
Public utility structures, necessary for transmission such as well house, switching station, etc.
No minimum
None
None
—
35
Self-storage facility
1
150
40%
55%
25
Shopping center
10
400
20%
60%
50
All other uses unless specified
3
150
35%
45%
50
NOTES:
The prescribed height limit may be exceeded provided that yard setbacks are increased one foot for each foot of additional height, but not to exceed 75 feet, and if adequate fire protection is provided.
[Ord. No. 2019-10, 8/1/2019]
Principal Use
Front Yard
(feet)
Side Yard2
(feet)
Rear Yard2
(feet)
One
Both
Shopping center1
150
50
100
50
All uses unless otherwise specified
50
50
100
50
NOTES:
1
All shopping center uses shall also include a fifty-foot-wide buffer yard along all lot boundaries that is installed and maintained in accordance with the dimensional and performance requirements of § 27-1803 and the Lower Macungie Township design Guidelines.
2
Side and rear yards are in addition to buffer yards except as provided in § 27-1803.
[Ord. No. 2019-10, 8/1/2019]
1. 
Coordinated Developments. Two or more uses permitted in the appropriate zone district schedules of this Part may occupy a single parcel provided that the following requirements are met:
A. 
All development shall be in accordance with a unified site plan and architectural scheme approved by the Township Board of Commissioners as a land development per regulations in this section.
B. 
It shall not be required that the whole of the development in a single ownership or build and financed by a single party, if satisfactory evidence is given that all parties financially or otherwise concerned in the development are legally bound to conform to the above required unified site plan and architectural scheme.
C. 
The aggregate total floor space of all uses shall be used in determining parking requirements. Buildings may either be joined by common walls or separated. If separated, all minimum yard requirements shall be met.
D. 
The combined development shall be considered as a single tract for the purposes of determining driveway, access and parking requirements.
E. 
Signs are permitted in accordance with § 27-2217.
2. 
There shall be no outdoor storage of materials or supplies, except as provided in § 27-1405.F or as with the fuel standards as follows:
A. 
Propane storage tanks for light manufacturing, industrial or other utility use accessory to a building or use's primary function.
B. 
Gasoline or diesel tanks for accessory emergency power generation purposes of a building or use.
C. 
Other gas or liquid storage tanks which serve as an accessory utility or purpose to a building or use as reviewed and approved by the Township.
3. 
No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces or animals, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.
4. 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored or maintained in containers which are adequate to eliminate such hazards.
5. 
Prohibited Activities. No use shall be permitted which emits smoke, dust, fire, fumes, odors, noise, heat, glare, vibrations or radioactivity beyond the boundaries of the property. The requirements of this subsection shall not, however, apply to:
A. 
Motor vehicles used by employees, suppliers or customers of primary users.
B. 
The environmental impacts of activities customarily incident to the occupancy and operation of buildings and structures including, but not limited to, lighting, climate control and human waste disposal; provided, however, that such environmental impacts comply with applicable Township, state and federal standards.
6. 
Prohibited Uses and Processes. Any industrial use or process which (A) involves considerable danger of fire, explosion or other hazards to public health or safety including, but not limited to, such things as the manufacture of fireworks, explosives, toxic chemicals, toxic gasses or (2) cannot be designed to conform to the performance standards with respect to the emission of objectionable emissions into the environment set forth in Township, state or federal environmental regulations shall be prohibited.
7. 
Fences and walls shall be no closer than three feet to a property line unless there is a letter of consent from the adjacent property owner, in which case they may be positioned on the property line. In no case shall any fence or wall be located in the existing street right-of-way or interfere with a clear sight triangle. Fences shall be no more than eight feet in height; chain link, barbed wire, and/or razor wire are prohibited on any fence in this district.
8. 
Performance Standards Regulating Toxic or Noxious Matter.
A. 
For the purpose of this section, the term "toxic or noxious matter" is any solid, liquid or gaseous matter including, but not limited to, gases, vapors, dusts, fumes and mists containing properties which by chemical means are:
(1) 
Inherently harmful and likely to destroy life or impair health.
(2) 
Capable of causing injury to the well-being of persons or damage to property.
(3) 
The emission of toxic or noxious matter, if any, into the environment shall be in accordance with the limits established by the applicable state or federal environmental protection regulations. In addition to such emission limits, the emission of such matter shall be so controlled that no concentration at or beyond the boundary of the property shall be detrimental to or endanger the public health, safety, comfort or other aspects of the general welfare, or cause damage or injury to property as provided for in the aforesaid environmental protection regulations.
(4) 
Protection of Surrounding Properties. Adequate facilities and regulations shall be provided to prevent employees', contractors' or visitors' intentional or unintentional use, damage or interferences with adjacent or surrounding properties or activities. All operations, facilities and materials that may be hazardous when misused or when accidental contact is made shall be enclosed by an approved safety fence.
9. 
No hospital, life care center, day-care center, school or place of worship shall be located within 1,000 feet of a petroleum storage tank or pumping facility. No petroleum storage tank or pumping facility shall be located within 1,000 feet of any hospital, day-care center, school or place of worship.
10. 
A project design companion, including a coordinated set of drawings, reference photographs and notes, shall be prepared for buildings, landscaping, pedestrian circulation and public spaces within any proposal. The project design companion shall be submitted with land development plans, during the conditional use or preliminary plan process, whichever comes first. In the case where no procedures listed above occur, the project design companion shall be submitted with any zoning permits for review and approval. Design Guidelines shall be reviewed and approved by the Township and a binding document for all permitting activity. The project design companion shall include, but not be limited to:
A. 
Architectural treatment including design, building materials and facades.
B. 
Signage.
C. 
Landscaping standards for all plantings and parking area designs.
D. 
Streetscape enhancements including sidewalks, crosswalks, buffer fencing per the Hamilton Boulevard Corridor Study and Plan.
E. 
All site lighting.
F. 
Public spaces including pedestrian amenities, pavilions, plazas and gazebos, street and plaza furniture, water features, rain water harvesting and other amenities.
11. 
Any new land development or subdivisions shall utilize architectural-grade cladding and enhanced architectural features on all newly constructed or renovated buildings.
12. 
All roof-mounted or nonresidential HVAC systems or building machinery shall be shielded from view utilizing appropriate screening as displayed in the Lower Macungie Township Design Guidelines.[1]
[1]
Editor's Note: Said Design Guidelines are included as an attachment to this chapter.
13. 
All new land development or subdivisions shall include illuminated monument entrance signs per this chapter and the Lower Macungie Township Design Guidelines with associated seasonal landscaping beds and plantings.
14. 
All new land development or subdivisions shall naturalize all above-ground stormwater management features per this chapter and to the satisfaction of the Township.