A. 
For the purpose of this chapter, North Whitehall Township is hereby divided into the following zoning districts:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
CR
Conservation Residential District
AR
Agricultural- Rural Residential
AR-I
Agricultural- Rural Residential- Institutional Option
AR-L
Agricultural- Rural Residential- Livestock
SR
Suburban Residential District
VR
Village Residential District
VC
Village Center District
C
Commercial District
C-2
Commercial District, Development
PC
Planned Commercial Option District
LI/B
Light Industrial/Business District
ME/I
Mineral Extraction/Industrial District
B. 
For the purposes of this chapter, the zoning districts named in § 440-31A shall be of the number, size, shape and location shown on the Official Zoning Map.[1] Any use of the abbreviations listed in § 440-31A shall mean the district name that is listed beside the abbreviation.
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
C. 
Floodplain. The floodplain area, as defined by Chapter 242, Floodplain Management, of this Code, shall serve as an overlay area to all of the underlying districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Purposes of each district. The purposes of each zoning district are summarized below:
(1) 
CR District. To provide for development only at very low intensity within areas that are very environmentally sensitive or that have inadequate road access. To seek to preserve the water quality of important creeks. To recognize areas that include significant amounts of wetlands, high-water table soils and flood-prone areas. To direct development toward areas of the Township that are more environmentally suitable. To provide for development only at a very low intensity in areas where public water and sewer service are less likely to be able to be efficiently provided. To encourage the preservation of farmland open space areas, woodland and natural resources by directing growth to occur at higher densities in areas where central utilities can be efficiently provided. To seek to minimize conflicts between agricultural and residential uses.
(2) 
AR District. To provide for development only at a low intensity in areas where public water and sewer service are less likely to be able to be efficiently provided. To encourage the preservation of farmland by directing growth to occur at higher densities in areas where central utilities can be efficiently provided. To seek to minimize conflicts between agricultural and residential uses. To also recognize that many of these areas have already developed or been approved for single-family detached houses in a semirural setting.
(3) 
AR-L District. To serve the same purposes as the AR District, and also to provide appropriate locations for substantial concentrations of intense livestock uses.
(4) 
AR-I District. To serve the same purposes as the AR District, and also to provide appropriate locations for significant institutional uses.
(5) 
SR District. To provide for the orderly expansion of neighborhoods of single-family detached houses and other compatible housing types at a low to medium density. To carefully protect these areas from incompatible uses. To vary the density depending upon utilities. In most cases, the SR Districts are located around the VR Districts, creating a step down in density.
(6) 
VR District. To provide for a full variety of carefully designed housing types at medium high densities. To make sure that varied housing types are compatible with any existing single-family detached houses. To make sure that the street system of the Township and other community facilities and services are fully able to handle moderately dense growth in an area. To work to encourage affordable housing, especially for young families, senior citizens and nontraditional types of households. To allow for flexible site layouts with common open space. To only provide for townhouses and apartments where both public water and central sewer service are available. To recognize older residential areas of the Township.
(7) 
VC District. To provide for a carefully controlled selection of small, light convenience commercial uses that will be compatible with adjacent residences, areas of smaller lots and historic areas. To recognize that many of these areas include a mix of homes and businesses. To provide for a selected variety of housing types.
(8) 
C District. To provide for a wide range of needed commercial uses in locations that are less likely to involve conflicts with existing residences and that have excellent access to major highways. To use special care and control on access onto arterial and collector streets to avoid traffic hazards. To avoid very large commercial developments that are likely to attract high amounts of new traffic from outside of the Township. To provide for intense commercial uses in key locations dispersed between a few different areas of the Township. To mainly provide commercial uses in areas that are already commercially oriented.
(9) 
C-2 District. To provide for a specified range of needed commercial uses in locations that are suitable for the development of such businesses utilizing one or more parcels for the land development and providing infrastructure improvements in problematic areas. To improve traffic safety and to coordinate local improvements with the Township. To recognize existing traffic capacity issues and create development toward the resolution of those issues. To direct commercial uses where demand is present and compatible with existing features and uses. To direct commercial uses to areas of enhanced access and away from low-density residential areas.
(10) 
PC District. To provide the same uses as are permitted in the VR District. In addition, to offer a variety of nonresidential development with carefully planned and coordinated traffic circulation as an option to the applicant if the applicant proves that the road system will be able to efficiently and safely support the development and that there will be suitable access to reach an arterial street. If an applicant is not able to comply with the traffic access and other requirements as provided in § 440-38, then the applicant shall still have opportunities for a reasonable variety of residential uses of his/her land under the VR District.
(11) 
LI/B District. To provide sufficient space in appropriate locations to meet current and anticipated future regional needs for light industries, offices and limited types of related commercial development. To carefully control uses to protect the public health and safety. To maintain an attractive physical environment with a campus-like setting that will aid in attracting new businesses. To encourage development that follows an overall plan with common design and landscaping plans. To seek a unified and well-planned system of providing vehicular access to avoid many individual unplanned driveways entering onto arterial streets.
(12) 
ME/I District. To provide for a wide variety of industrial uses in areas that are less likely to impact upon existing neighborhoods. To control the operations of these uses to prevent nuisances and to protect the public health and safety. To provide a suitable area for mineral extraction, processing of construction materials, and related uses, while protecting nearby uses and the environment from undesirable impacts.
A. 
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
B. 
No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
C. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
D. 
Boundary change. Any territory which may hereafter become part of the Township through annexation or a boundary adjustment shall be classified as the zoning district of North Whitehall Township that is mostly closely adjacent to such land (as determined by the Zoning Hearing Board) until or unless such territory is otherwise classified by the Board of Supervisors.
A. 
A map entitled "North Whitehall Township Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Township Building.[1]
[1]
Editor's Note: A copy of the Zoning Map is included as an attachment to this chapter.
B. 
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Pennsylvania Municipalities Planning Code.[2] All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, the Board of Supervisors may, by resolution, adopt a new copy of the Official Zoning Map, which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.
The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map.
A. 
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds Office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C. 
The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the maps unless the same is indicated by dimensions.
D. 
Interpretation of boundaries. See § 440-12D.
E. 
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law.
A. 
Intent. To continue the objective of compatible land uses across municipal boundaries.
B. 
This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district.
C. 
These same additional setback and buffer yard provisions shall be provided by uses proposed within North Whitehall Township regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in North Whitehall Township.
A. 
For the purposes of this § 440-36 and its Table of Permitted Uses,[1] the following abbreviations shall have the following meanings:
KEY
P
=
Permitted by right (zoning decision by Zoning Officer)
C
=
Conditional use (decision by the Board of Supervisors with review by Planning Commission)
SE
=
Special exception use (decision by Zoning Hearing Board)
N
=
Not permitted
§ 440-41
=
See additional requirements in § 440-41
§ 440-42
=
See additional requirements in § 440-42
(SW)
=
Approved central sewer and public water service both required
(S)
=
Approved central sewer service required
(W)
=
Public water service required
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
B. 
Interpretation.
(1) 
Unless otherwise provided by law or specifically stated in this chapter (including § 440-12B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter, including, but not limited to, the environmental protection requirements of Article V.
(2) 
See § 440-12B, which generally provides a process for approval of a use that is not listed, based upon similarity to permitted uses and other criteria. Except as provided in such § 440-12B, any other principal use that is not specifically listed as P, SE or C in the applicable district in this table is prohibited in that district.
(3) 
The following Table of Permitted Uses[2] is divided into two parts: residential districts and business districts. For uses in the PC District, see § 440-38. For temporary uses, see § 440-12.
[2]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
C. 
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted by right as accessory uses to a lawful principal use in all districts, within the requirements of § 440-42 and all other requirements of this chapter:
(1) 
Air-conditioning, heating and ventilation equipment.
(2) 
Adult day-care center as an accessory use, including care of a maximum of four persons at any time of day.
(3) 
Standard antennas, including antennas used by contractors to communicate with their own vehicles.*,**
(4) 
Basketball backboard, which may be within a required setback area, provided the pole and backboard are both a minimum of five feet from any lot line of an abutting residence.**
(5) 
Crop storage as an accessory use to crop farming.
(6) 
Family day-care home as an accessory use, within the standards of § 440-42* or any day care of up to three children.
(7) 
Fence* or wall.*
(8) 
Flag pole.**
(9) 
Garage, household.
(10) 
Garage sale.*,**
(11) 
Indoor storage that is customarily accessory to a permitted use.
(12) 
Keeping of pets.*,**
(13) 
Loading, off-street, only to serve a use that is permitted in that district.**
(14) 
Parking, off-street, only to serve a use that is permitted in that district.**
(15) 
Recreational facilities, non-commercial, limited to use by employees of a lot or a development and their occasional invited guests.**
(16) 
Recreational facilities, noncommercial, limited to use by residents of a development or students at a primary or secondary school or center for the care and treatment of youth, and their occasional invited guests.**
(17) 
Recreational vehicle, storage of one or two.*,**
(18) 
Residential accessory structure (see definition in Article II) (includes standards for skateboard ramps).*
(19) 
Satellite antennas.*,**
(20) 
Signs, as permitted by Article VII.
(21) 
Solar energy system**
(22) 
Stable, household* (see "keeping of pets"*).
(23) 
Swimming pool, household.*
(24) 
Tennis/racquetball court.
(25) 
Volleyball court.
(26) 
Windmill.**
(27) 
Wind turbine.
[Added 11-19-2008 by Ord. No. 2008-3]
(28) 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted by right, special exception or conditional principal use. For a skateboard ramp, see residential accessory structures in § 440-42.
*
See standard for each in § 440-42.
**
These permitted by right accessory uses shall not be required to file any type of permit with the Township if they comply with all sections of this chapter and any other North Whitehall Township zoning ordinances.
D. 
Permitted accessory uses to business and institutional uses. The following are permitted by right accessory uses only to a permitted by right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this chapter are met:
(1) 
Amusement machines, coin- or token-operated, as accessory uses.
(2) 
Collection bins to benefit a bona fide IRS-recognized incorporated nonprofit charitable organization, provided:
(a) 
The bins comply with minimum principal building setbacks;
(b) 
Safe sight distance is not obstructed;
(c) 
The property is kept in an orderly and sanitary manner;
(d) 
The activity does not generate nuisances; and
(e) 
The applicant provides a written agreement from the landowner of record granting permission for the bins to be placed on the property.
(3) 
Outdoor or indoor food, beverage and toy machines, coin-operated.*
(4) 
Outdoor or indoor newspaper sales machines, coin-operated.*
(5) 
Outdoor or indoor telephones, coin-operated.*
*Such uses completely inside an enclosed building are permitted by right accessory uses to any use.
(6) 
Recycling collection center as an accessory use.
(7) 
Storage of fuels for on-site use or to fuel company vehicles.
(8) 
The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use and their occasional invited guests:
(a) 
Standard or fast-food restaurant without drive-through service;
(b) 
Day-care center;
(c) 
Noncommercial recreational facilities; or
(d) 
Meeting facilities.
E. 
Permitted essential services. The following are essential services that are permitted by right as a principal or as an accessory use in all districts:
(1) 
Essential services exempt from lot area and setback requirements. The following essential services are not required to meet the accessory or principal structure setback, lot area or other lot requirements of this chapter, except that any newly created lot shall meet the applicable lot requirements if future building or subdivision of the lot would reasonably be possible for a different use:
(a) 
Oil pipelines and natural gas transmission and distribution lines.
(b) 
Electrical transformers as an accessory use to dwellings.
(c) 
Electrical, telephone and streetlight poles.
(d) 
Electrical transmission and distribution lines and meters.
(e) 
Wells, standpipes, water transmission lines, cisterns and meters.
(f) 
Sewage pumping stations, but not including a central sewage treatment plant, provided that such use be set back a minimum of 75 feet from any dwelling or any residential lot line.
(g) 
Cable television and telephone lines.
(h) 
Stormwater pipes, outfalls, detention basins, swales and catch basins.
(i) 
Shelters and benches for buses that transport school children or that are owned, operated or financed by a public transit authority.
(j) 
U.S. mailboxes (as defined in Article II).
[Amended 3-21-2007 by Ord. No. 2007-5]
(k) 
Newspaper receptacle (as defined in Article II).
[Amended 3-21-2007 by Ord. No. 2007-5]
(l) 
Railroad lines.
(m) 
Fire hydrants and emergency call boxes.
(n) 
Engineered retaining walls that are clearly necessary to hold back slopes.
(o) 
Sidewalks and curbs.
(p) 
Ramps primarily intended for handicapped access.
(q) 
For ground-level porches, see § 440-79B.
(r) 
Steps leading into the entrance of a building. See § 440-79B.
(s) 
On-lot septic disposal systems in accordance with state regulations except as required by § 440-48B, Steep slopes.
[Amended 1-17-2007 by Ord. No. 2007-3]
(t) 
Construction. Temporary storage of vehicles and materials and/or construction office trailers that are clearly needed and being actively used for current construction on the same or an adjacent lot or within the same development, provided all of the following conditions are met:
[1] 
Such items are removed from the site within 30 days of completion of the portion of the construction that they relate to;
[2] 
Such items shall only be stored on a lot while the related Township building permit or zoning permit is actively still in effect; and
[3] 
Such items shall be kept a minimum of 30 feet from an occupied primarily residential lot.
(2) 
Essential services required to comply with lot area and setback requirements. The following are permitted by right essential services that are required (except as may otherwise be approved under § 440-21) to meet all of the applicable requirements of this chapter:
(a) 
Electrical substations and bulk industrial or commercial transformers that are not an accessory use to dwellings. See utility substations in § 440-41.
(b) 
Water towers (see height exemption in § 440-78), water filtration plants and pressure stations.
(c) 
Emergency and other electrical generators and compressors as accessory to a lawful principal use.
(d) 
Solid waste bulk dumpsters and bulk compactors as accessory to a lawful principal use.
(e) 
Telephone switching stations.
(f) 
Industrial or commercial central air conditioning equipment as accessory to a lawful principal use.
(3) 
See also exemptions for certain projections into yards in § 440-79B.
F. 
Prohibited accessory uses. An accessory use shall not be permitted unless:
(1) 
The use is specifically permitted by this chapter; or
(2) 
The applicant proves to the satisfaction of the Zoning Officer that the use is customarily incidental to a lawful principal use.
A. 
For the purposes of this § 440-37, the following abbreviations shall have the following meanings:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
KEY
sq. ft.
=
Square feet
ft.
=
Linear feet
SFD
=
Single-family detached dwelling
Central sewer
=
Service at the time of occupancy by central sewage service, as defined in Article II
Public water
=
Service at the time of occupancy by public water service, as defined in Article II, except the Board of Supervisors may approve nonpublic central water service in place of public water service if central water service is needed because of a public health hazard and if public water service reasonably cannot be extended; in which case the central water system shall be designed so that it can be incorporated into the public water system in the future when available
Central water
=
Service at the time of occupancy by central water service, as defined in Article II
NA
=
Not applicable
B. 
The following requirements shall apply for each respective district, unless a more restrictive requirement is listed for a particular use in § 440-41 or 440-42 or elsewhere in this chapter. For a cluster development, which is an option allowing smaller lots in certain residential districts, see Article IX. See also the steep slope regulations of § 440-48, which may require larger lots in areas of 15% or greater slope.
(1) 
Table of Lot And Setback Requirements for the CR, AR, AR-L, AR-I, SR and VR Districts (see also cluster option in Article IX) for uses other than townhouses, low-rise apartments or manufactured/mobile home parks (for those uses see § 440-41).
[Amended 1-17-2007 by Ord. No. 2007-3]
Type of Requirement (See definition of terms in Article II)
CR District
AR, AR-I and AR-L Districts
SR District
VR District
a.
Minimum lot area
(sq. ft.)
(per dwelling unit for residential purposes)
1)
SFD without either central sewer or public water
1) All lots: 87,120, except as provided by note "A" below
Also see note "B" below.
1) 50,000
1) 50,000
1) 50,000
2)
SFD with public water but not central sewer
2) 40,000
2) 30,000
2) 30,000
3)
SFD with central sewer but not public water
3) 40,000
3) 30,000
3) 30,000
4)
SFD with both central sewer and public water
4) 25,000
4) 10,000
4) 8,000
5)
Semidetached dwelling or 2-family detached dwelling with both central sewer and public water
5) NA
5) 7,000
5) 5,000
6)
Other permitted principal uses
6) 40,000
6) 40,000
6) 40,000, except 15,000 with both central water and central sewage
b.
Minimum lot width at the minimum front yard building setback line
(feet)
See exceptions below
1)
Lot required to be 40,000 square feet or larger
1) 250
1) 150
1) 120
1) 120
2)
Lot required to be 20,000 square feet or larger, but less than 40,000 square feet
2) NA
2) 120
2) 100
2) 100
3)
Lot permitted to be less than 20,000 sq. ft. (other than semidetached dwelling)
3) NA
3) NA
3) 80
3) 80
4)
Semidetached dwelling (per dwelling unit)
4) NA
4) NA
50
40
Exceptions:
1)
On the curve of a cul-de-sac street, this minimum width may be reduced by 40%
2)
On the outside of curves over 300 feet radius but less than 600 feet radius, this minimum lot width may be reduced by 10%
3)
On the outside of curves of up to 300 feet radius, this minimum lot width may be reduced by 20%
c.
Minimum lot width at the street right-of-way line
(feet)
(after development)
For a lot that will have direct vehicle access onto an arterial street
200
200
150
150
For any other lot (may be 30-foot minimum for a lot on the curve of a cul-de-sac street)
50
50
40
30
d.
Minimum width and length of a dwelling (feet)
20
20
14
14
e.
Minimum setback for principal structure (feet)
1)
Front yard
1) 30
1) 30
1) 30
1) 30
2)
Side yard, each1
2) 20
2) 20
2) 10
2) 10
3)
Rear yard
3) 50
3) 50
3) 40
3) 30
4)
Absolute minimum for any yard adjacent to a public street
4) 30
4) 30
4) 30
4) 30
5)
For any permitted new or expansion of a nonresidential principal building from a residential lot line (see definition in Article II)
5) 50
5) 50
5) 50
5) 30
6)
For any new principal dwelling from existing buildings currently being used for the housing of livestock on another lot, unless a written and signed waiver from this setback is provided by the owner of the lot, including the livestock buildings. This setback requirement shall not apply to additions to an existing dwelling.
6) 100
6) 100
6) 100
6) 100
f.
Minimum setback for accessory structures
(feet)
Accessory structures are not permitted within the required minimum front yard setback for principal buildings.
1)
For a vehicle garage with a maximum floor area of 1,000 sq. ft. from the right-of-way of an existing or proposed street or alley along a side or rear lot line
1) 15
1) 15
1) 15
1) 15
2)
For a storage shed with a maximum floor area of 200 sq. ft. and a maximum of 1 story2 from any side or rear lot line1
2) 5
2) 5
2) 5
2) 5
3)
For any other permitted accessory building or structure from a side or rear lot line not listed above1
3) 15
3) 15
3) 10
3) 5
See § 440-61D concerning minimum driveway setbacks.
g.
Maximum height
(feet)
See exceptions in § 440-78 and in definition of "height").
Principal building
40
40
35
35
Accessory building, plus an additional nonhabitable floor that shall be restricted to storage
25
25
25
25
h.
Maximum number of stories
Principal building
2 1/2
2 1/2
2 1/2
2 1/2*
Accessory building
1
1
1
1
i.
Maximum building coverage
15%
20%
30%
35%
j.
Maximum impervious coverage for lots with permitted nonresidential principal uses
30%
40%
50%
65%
NOTES:
A
If a lot, as of December 6, 1995, included 10 acres or greater of lot area, then a maximum of 10% of such parent lot may be subdivided into lots with a minimum lot area of 43,560 square feet (one acre). Unless otherwise stated on approved final subdivision plans, in case of subdivision, any right to develop such one acre lot(s) shall be retained by the lot that retained the same county lot identification number as the original parent lot.
B
A lot existing and fronting on one or more public roads existing at the time of adoption of this chapter (2002) may be subdivided into a maximum of two new lots which front on those roads. All other lots shall front on new roads constructed by the developer. Lots fronting on these new roads and abutting existing public roads shall comply with the buffer yard requirements of § 440-79D(1).
1
Except zero feet at a lot line along which two semidetached dwellings are attached.
2
All storage sheds shall be durably constructed and neatly maintained.
*
Except that 3 1/2 stories are permitted for townhouses and low-rise apartments in the PC District.
(2) 
Table of Lot and Setback Requirements for the VC, C-2, PC, LI/B and ME/I Districts.
Type of Requirement (See definition of terms in Article II)
VC District1
C and C-2 District1
LI/B District
ME/I District
PC District1, 2
a.
Minimum lot area
(sq. ft.)
1)
Without central sewage or public water
1) 43,560 (1 acre)
1) 43,560
87,120, except 43,560 for a lot that is permanently deed restricted to nonindustrial uses
87,120, except 130,000 for any conditional or special exception industrial use
1) 43,560
2)
With central sewage but not public water
2) 25,000
2) 25,000
2) 30,000
3)
With public water but not central sewage
3) 40,000
3) 40,000
3) 40,000
4)
With both public water and central sewage
4) 8,000
4) 12,000
4) 20,000
b.
Minimum lot width at the minimum front yard building setback line
(feet)
1)
For a lot required to have a lot area of 1 acre or greater
1) 120
1) 120
1) 150
1) 200
1) 120
2)
For a lot permitted to have a lot area of less than 1 acre
2) 80
2) 100
2) 120
2) NA
2) 100
c.
Minimum lot width at the post-development street right-of-way line
(feet)
For a lot that will have direct vehicle access involving left-hand turns onto or off of an arterial street
200
250
250
250
250
For any other lot
50
50
50
50
50
d.
Minimum setback for principal structure except as provided in "e." below
(feet)
1)
Front yard
1) 50
1) 50
1) 50
1) 50
1) 50
2)
Side yard, each
2) 10
2) 15
2) 25
2) 40
2) 20
3)
Rear yard
3) 30
3) 30
3) 30
3) 40
3) 30
4)
For any yard adjacent to a public street
4) 50
4) 50
4) 50
4) 50
4) 50
e.
Minimum setback for principal structure
(feet)
For a portion of a building used for manufacturing or an area routinely used for the parking, storage or loading/unloading of tractor trailer trucks or refrigerated trucks to an abutting a) residential lot line (see definition in Article II); or b) lot line of a primary or secondary school
80
120
150
150
120
For any nonresidential principal structure other than a portion of a building used for manufacturing to an abutting lot line of a) a residential lot line (see definition in Article II); or b) a primary or secondary school
50
60
75
75
75
f.
Minimum setback for accessory structures
(feet)
Accessory structures are not permitted within a required minimum front yard setback for principal buildings, including any such yard abutting a public street.
1)
Side yard
1) 5
1) 5
1) 20
1) 20
1) 100
2)
Rear yard
2) 5
2) 5
2) 20
2) 20
2) 100
3)
For a nonresidential accessory structure to an abutting a) residential lot line (see definition in Article II); or b) lot line of a primary or secondary school
3) 30
3) 30
3) 75
3) 75
3) 75
g.
Maximum height
(feet)
See exceptions in § 440-78.
1)
Principal building or accessory building meeting the required setbacks for a principal building
1) 35
1) 35
1) 50
1) 50; see note "2" below
1) 35
2)
Other accessory building
2) 25
2) 25
2) 50
2) 50; see note "2" below
2) 35
h.
Maximum number of stories
1)
Principal building or accessory building meeting the required setbacks for a principal building
1) 2 1/2
1) 3
1) 4
1) 4
1) 3
2)
Other accessory building
2) 1
2) 1
2) 1
2) 1
2) 1
i.
Maximum building coverage
40%
40%
40%
40%
40%
j.
Maximum impervious coverage
1)
A lot that existed of record as of January 1, 1995, with a lot area of less than 2 acres3
1) 80%
1) 80%
1) 80%
Any lot: 75%
1) 80%
2)
Any other lot
2) 75%
2) 75%
2) 75%
2) 75%
NOTES:
1
In the VC and C Districts, residential uses shall be permitted under the same standards, limitations, lot and setback requirements (and with the same accessory residential uses) as the VR District instead of the regulations of the VC or C District, except mobile/manufactured home parks shall be prohibited in the VC and C Districts.
2
Except a maximum height of 120 feet shall apply to machinery and structures as part of a permitted mineral extraction use or construction materials plants.
3
If such lot is subdivided after January 1, 1995, then the above right to develop at the 80% impervious coverage may apply to any parent and/or new lot created from such original lot.
C. 
See also additional requirements in the following sections:
(1) 
Additional requirements for specific types of principal uses. § 440-41.
(2) 
Additional requirements for specific types of accessory uses. § 440-42.
(3) 
Off-street parking. Article VI (including paved area setbacks in § 440-61).
(4) 
Signs. Article VII.
(5) 
Buffer yards. § 440-79.
(6) 
Steeply sloped areas. § 440-48.
(7) 
Environmental protection. Article V.
(8) 
Temporary structures. § 440-83.
(9) 
Site plan review for certain uses. §§ 440-23 and 440-24.
(10) 
Exceptions to setbacks. See § 440-79.
(11) 
Areas subject to flooding. See Article X.
A. 
Purposes. See § 440-31.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PLANNED COMMERCIAL DEVELOPMENT
A land development and/or subdivision that includes principal nonresidential uses in the PC District, which is approved as a conditional use by the Board of Supervisors and which meets all of the applicable requirements of this § 440-38. Such approval is intended to occur over the same time period or an overlapping time period as review and approval of a preliminary subdivision or preliminary land development plan.
C. 
Uses.
(1) 
The same uses as are permitted by right, by special exception or by conditional use in the VR District are also permitted in the PC District in the same manner and with the same regulations as would apply within the VR District, except:
(a) 
The following uses shall specifically not be permitted anywhere within the PC District: manufactured home parks, boardinghouses, adult uses, industrial laundry, and institutional group home.
(2) 
In addition, as an option, the same nonresidential uses that are permitted by right, by special exception or by conditional use shall also be permitted in the PC District in the same manner and with the same regulations as would apply within the C District, only if all such uses are within a planned commercial development approved as a conditional use. (For example, once a planned commercial development is approved, then an applicant could receive approval for an individual retail store by right on one lot and a tavern as a conditional use on another lot, if so provided by § 440-36.)
(3) 
Where a use is permitted in both the VR and the C Districts, the regulations of the VR District shall apply for that particular use in the PC District. However, once a lot in the PC District is approved for a use under the regulations that would apply in the VR District, the current and future lot owners shall have automatically abandoned any privilege of developing that lot for a principal nonresidential use that is not permitted in the VR District. For example, if a lot is approved for a single-family detached dwelling, the owner may not later seek to develop such lot or building into a retail store.
(4) 
The development of a wide range of commercial and other nonresidential principal uses in this PC District represents an option that is offered to applicants. If an applicant is unable or unwilling to meet the additional requirements of this section that pertain to uses permitted in a C District, then such applicant shall be limited to uses permitted in the VR District and shall be required to comply with the standards of the VR District.
D. 
Minimum tract area and lot area for the PC District.
(1) 
General provisions.
(a) 
For existing or new lots not approved as part of a planned commercial development, which shall be restricted to uses permitted in the VR District, all of the regulations of the VR District shall apply, except as may be specifically provided below.
(b) 
For any uses permitted in the C District that are not permitted in the VR District, approval as a planned commercial development is required. Such planned commercial development shall include an initial minimum lot area of two acres. Such tract (as defined in Article II) may then be subdivided into lots meeting the minimum lot area specified in the C District if the tract is approved as a planned commercial development.
(2) 
Provisions for certain existing lots of record.
(a) 
Previously approved business lots. An existing lot of record that was granted final subdivision approval as a lot permitting principal business uses prior to January 1, 1995, and which includes a minimum lot area of one acre may be used for a use permitted in the C District under the regulations of the C District without needing to be reapproved as a planned commercial development if §§ 440-38E(1) and (4) below are met.
(b) 
Merger of existing lots. Two or more lots within the PC District that each existed as a lot of record and each included less than two acres of lot area as of January 1, 1995, may be merged together to result in a lot of at least one acre. In such case, the resulting merged lot may be used for a use permitted in the C District under the regulations of the C District without needing to be reapproved as a planned commercial development if §§ 440-38E(1) and (4) below are met.
(c) 
Smaller existing residential lots. This Subsection D(2)(c) applies to a lot within the PC District that at the time of adoption of this chapter met the following three criteria: a) existed as a lot of record; b) included less than one acre of lot area; and c) included a single-family detached dwelling. Such a lot may be utilized for a use permitted in the C District without needing to be approved as a planned commercial development, provided that a) § 440-38E(1), (2) and (4) below are met; and b) the applicant proves that the properties will have vehicle access only from the side or rear of the lot and not from a major arterial street.
[1] 
If this Subsection D(2)(c) applies, the applicant shall provide evidence that such access will a) meet the same Township requirements as if a new driveway for a commercial use would be newly constructed; b) be paved; and c) provide for adequate sight distance where the access enters onto a public street. If the vehicle access is shared by more than one property owner, the applicant shall provide evidence of a permanent legal right to use such access.
[2] 
If this Subsection D(2)(c) applies, buildings that existed on the lot at the time of adoption of this chapter on a lot with a minimum lot area of 10,000 square feet may be utilized for a use permitted in the C District. The lot area, setback and other dimensional requirements of the C District shall only apply in such case if new or expanded buildings are developed.
E. 
Access requirements. The following requirements shall apply to any planned commercial development, any lot within such development, and any other lot that would permit uses to be developed under the regulations of the C District:
(1) 
See access provisions in § 440-86. All development shall make the absolute maximum use possible of interior streets and common interconnected driveways to limit the number of access points entering and exiting onto an arterial street. Interconnected and/or shared parking lots are also strongly encouraged. (See possible reduction of parking requirements in § 440-59.) As needed to meet this requirement, deed restrictions limiting the point(s) of vehicle access shall be placed on any individual lots that are created or approved for development.
(2) 
No lot in the PC District intended to be developed under the optional regulations of the C District shall have any vehicle access or egress directly from or to the lot from or to a major arterial street, except at a location served by an existing traffic signal or where sufficient financial security has been established to ensure the installation of such traffic signal and where such signal location has been approved by PennDOT pending the generation of specified traffic volumes. If such requirement is not met, the lot may be developed under the regulations of the VR District.
(a) 
The Township shall permit a clearly defined right-turn-only entrance and/or right-turn-only exit onto a major arterial street if authorized PennDOT officials specifically state, in writing, that it is both desirable to provide proper traffic flow and will be permitted by PennDOT.
(3) 
As part of any application for a subdivision, land development or zoning permit that is intended to result in more than 25,000 square feet of business building floor area, if a point of vehicle access for such development would be within 2,000 feet of an unsignalized intersection of two arterial streets, then prior to such development being approved, the applicant shall prove to the satisfaction of the Board of Supervisors that at the time such development is approved to be open for business:
(a) 
All vehicles movements at such intersection of two arterial streets would have a level of service at a.m. and p.m. peak hours of at least "D" following professional traffic engineering standards; and
(b) 
That the point of access from such development onto a public street, and the intersection of that public street with an arterial street, would not result in serious conflicts of turning movements and backups with the intersection of the two arterial streets.
(4) 
Any lot or tract in the PC District intended to be developed under the regulations of the C District [such as is described in § 440-38D(2)] shall include the provision of whatever cross-easements, stub street extension or other form of guarantee access is determined by the Board of Supervisors to be needed to any abutting lot(s) to provide coordinated access towards a location where a traffic signal exists or is proposed in the Township Comprehensive Plan or Township-sponsored traffic study.
(5) 
See § 440-86I which provides for the posting of security to ensure that traffic improvements will be completed when warranted.
(6) 
After considering any traffic studies, any comments of PennDOT, the Township Engineer, any traffic consultants and the Planning Commission and any recommendations of the Township Comprehensive Plan, the Board of Supervisors may require an applicant to dedicate sufficient land and to construct a realignment of an intersection abutting the tract that is needed to ensure proper coordination with existing or planned traffic signal locations. Such realignment might be in lieu of requiring the applicant to reconstruct an existing local street abutting or within the applicant's development to all Township standards as might otherwise be required by Chapter 375, Subdivision and Land Development, of this Code. In partial compensation for such realignment, the Board of Supervisors may vacate to the abutting lot owner any preexisting public right-of-way that as a result may become unneeded.
F. 
Staged construction. If development is to occur in stages, each stage shall be planned and occur in a fully coordinated manner so that the purposes and requirements of this chapter are fully complied with at the completion of each stage and after the entire development is completed. Each stage shall be shown on the plan.
G. 
Information. The applicant shall present whatever information is available on the types of tenants or uses that are intended or expected in different portions of the development.
H. 
Relationship to surroundings. The applicant shall show how the development will be coordinated with access and utilities of adjoining areas of land and with traffic along any abutting streets.
(1) 
Limit on residential street extension. As a condition of a conditional use approval within the PC District, a primarily residential local street shall not be extended to provide vehicle access to commercial uses within a PC District if such PC District abuts a total of two or more collector and/or arterial streets. This subsection shall not prohibit access from a local street that is limited to emergency vehicles, pedestrians and/or bicycles.
I. 
Landscaping. An application for a planned commercial development shall include an overall plan or program of landscaping. This plan shall be carried out by the subdivider and/or through a system of deed restrictions on each lot. Such landscaping at a minimum shall include street trees and landscaping around detention basins.
A. 
The number of access points onto any major arterial street (such as Route 309) shall be held to an absolute minimum. The maximum feasible use shall be made of internal streets.
B. 
A minimum 50 feet of buffer yard meeting the requirements of § 440-79 shall be provided abutting any residential district. However, such buffer yard is not required adjacent to an expressway, except as may be required to screen outdoor storage areas, truck parking and loading docks as provided in § 440-79.
C. 
All utility lines (other than electric transmission lines) shall be placed underground.
D. 
If development is to occur in stages, each stage shall be planned and occur in a fully coordinated manner so that the purposes and requirements of this chapter are fully complied with at the completion of each stage and after the entire development is completed. Each stage shall be shown on the plan.
E. 
At an absolute minimum, adequate right-of-way for street extensions shall be provided to provide future access to adjoining tracts of land. Under Chapter 375, Subdivision and Land Development, of this Code, the Board of Supervisors may require the actual construction of such stub streets where reasonable and necessary.
F. 
Lighting and glare. See § 440-54.
G. 
A developer of a business subdivision in the LI/B District is requested to place reasonable deed restrictions or covenants on each lot to ensure an attractive, orderly and well-maintained development. The developer is requested to provide a description of the substance of the intended restrictions to the Township prior to development approval.