(A) Compliance required. Each of the following uses should also comply with the additional requirements for that use listed in this section.
(B) Additional requirements.
(1) Animal hospital.
(a) A minimum lot size of at least two acres shall be required for those animal hospitals treating small animals (e.g., cats, birds and exotic animals). A minimum lot size of at least three acres shall be required for those animal hospitals treating large animals (e.g., cattle, horses and the like).
(b) All buildings in which animals are housed or provided care shall be located at least 100 feet from all lot lines. Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.
(c) Outdoor animal runs may be provided for small animals so long as a double evergreen screen at least six feet in height is provided around the runs. No animal shall be permitted to use the outdoor runs from 8:00 p.m. to 8:00 a.m.
(2) Animal husbandry.
(a) The use shall be conducted on a lot at least ten acres in size.
(b) 1. Any new building used for the overnight confinement of animals shall be setback a minimum of 200 feet from any lot line of a lot occupied by a dwelling, unless the owner of record of that other lot provides a written waiver allowing a smaller setback. Such setback shall only apply for dwellings that existed at the time of the zoning application. A larger setback is required in division (B)(2)(d) below for certain uses.
2. Manure storage facilities shall meet setbacks required by the State Nutrient Management Act regulations. Where such Act does not require a minimum setback from a lot line, then the minimum setback shall be 100 feet from all lot lines for a manure storage facility.
(c) Any addition to an existing building used for the overnight confinement of animals shall be setback a minimum of 150 feet from any lot line of a lot occupied by a dwelling, unless the owner of record of that other lot provides a written waiver allowing a smaller setback. Such setback shall only apply for dwellings that existed at the time of the zoning application. A larger setback is required in division (B)(2)(d) below for certain uses.
(d) Section 155.074(E)(5) shall apply for intensive animal husbandry uses.
(3) Auditorium.
(a) A 20-foot buffer yard shall separate an off-street parking area from an adjoining lot line.
(b) No lighting shall be permitted which will shine on adjacent property.
(4) Auto, motorcycle, boat or recreational vehicle sales. No vehicle on display shall occupy any part of the street right-of-way, required yard areas or required parking area.
(5) Auto repair garage or auto body shop.
(a) All repair and paintwork shall be performed within an enclosed building.
(b) All provisions shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.
(c) Outdoor storage of autos and other vehicles shall not exceed three times the indoor repair area, shall only be back off the front yard line and shall be no closer than 20 feet from side and rear lot lines.
(d) Any vehicle on the premises longer than 48 hours shall be deemed a stored vehicle. No vehicle shall be stored in excess of 45 days.
(6) Auto service station.
(a) All activities except those performed at the fuel pumps shall be performed within a completely enclosed building.
(b) Fuel pumps shall be at least 25 feet from any future street right-of-way or 50 feet from the street centerline, whichever is greater.
(c) All automobile parts and dismantled vehicles are to be located within a building.
(d) Full body paint spraying or body and fender work shall not be permitted.
(e) Automobiles that are taken to a service station for outside storage because of an accident may remain no longer than 60 days from the day the car arrives at the station.
(7) Bus station.
(a) Shall be on a lot abutting an arterial or collector street (as defined on the Official Street Classification Map); and
(b) Shall provide an area for the loading and unloading of buses separate from required off-street parking areas.
(8) Car wash.
(a) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(b) Access points shall be limited to two on each street abutting the lot.
(c) On-lot traffic circulation channels and parking areas shall be clearly marked.
(d) Signs and outdoor lighting shall be in accordance with this chapter.
(e) Adequate provisions shall be made for the proper and convenient disposal of refuse.
(f) Centralized sewage disposal facilities and centralized water supply facilities shall be provided.
(9) Cemetery. Shall be on a lot at least two acres in area.
(10) Commercial indoor recreation.
(a) No loudspeaker or amplifying device shall be permitted which will project sound that is perceptible within a dwelling on another lot.
(b) No lighting shall be permitted which will shine on adjacent properties.
(c) The Pennsylvania Department of Labor and Industry shall approve the design of the building.
(11) Commercial outdoor recreation.
(a) No loudspeaker or amplifying device shall be permitted which will project sound that is perceptible within a dwelling on another lot.
(b) No lighting shall be permitted which will shine on adjacent property.
(12) Commercial stable or riding academy.
(a) The use shall be conducted on a lot no smaller than ten acres in size.
(b) No new agricultural buildings, animal shelters, stables, or feed yards shall be located closer than 500 feet from all dwellings except the dwelling of the owner or lessee, or from all residential district boundaries. New manure storage locations and amounts shall be consistent with the Nutrient Management Act.
(c) No additions to existing agricultural buildings, animal shelters, stables, or feed yards shall be located closer than 150 feet from all property lines, residential district boundaries and dwellings except the dwelling of the owner or lessee. New manure storage locations and amounts shall be consistent with the Nutrient Management Act.
(13) Community/cultural center. No outdoor recreation area shall be located closer to any lot lines than the required front yard depth in the zoning district.
(14) Emergency services station. Shall be located on a lot abutting an arterial or collector street as defined by the Official Street Classification Map.
(15) Financial establishment. Any drive-in window(s) shall be located, along with attendant lane(s) for vehicles, to ensure that traffic conflicts and hazards are avoided within the site and along the streets and highways adjoining the financial establishment.
(16) Timber harvesting.
(a) It is the intent of this section to regulate timber harvesting practices and to allow for and encourage proper forest management to ensure:
1. That long-term production of forest crops and benefits is encouraged.
2. That the right to harvest trees is exercised with due regard for the protection of the physical property of adjacent landowners.
3. That the potential for negative environmental impacts resulting from improper tree harvesting is minimized.
(b) This section is not intended to prescribe specific cutting practices, to prevent or hinder any landowner from realizing financial return from the sale of trees, to prevent or hinder tree harvesting or forest industry operators from pursuing their business, or to regulate timber harvesting for home use, non-commercial timber stand improvement work or for the conversion of forest land to other uses where forest management practices relating to timber production and harvesting are no longer practical.
1. The provisions and requirements of this section shall apply to all tree harvesting operations within the township, except that notification and submission of plans shall be required only as specified in division (B)(16)(b)3.f. and g. of this section.
2. It shall be the responsibility of each landowner on whose land tree harvesting is to be carried out to have a professional forester or forest technician develop or have developed the logging plan and submit notification as required in this section. It is the joint responsibility of the landowner and the operator of the timber harvest to comply with the provisions of the logging plan.
3. Regulations.
a. A logging plan shall be prepared for each timber harvesting operation within the township by a professional forester or forest technician.
b. The logging plan shall address all applicable erosion and sedimentation control and stream crossing regulations under Chapter 102, Erosion Control Rules and Regulations issued under the Act of June 22, 1937 (Clean Streams Law) and Chapter 105, Dam and Waterway Management Rules and Regulations issued under the Act of 1978, P.L. 1375, No. 325 (Dam Safety and Encroachments Act), as amended, or subsequent applicable legislation.
c. Points that shall be addressed by the logging plan shall include the following at a minimum:
i. Design of the road system.
ii. Water control structures.
iii. Stream crossings.
iv. Log landings.
v. Haul roads, skid roads, and skid trails.
vi. Maintenance of items i. through v. above.
vii. Road and log landing requirement.
viii. General location of the anticipated operation in relation to municipal and state roadways.
ix. Location of property boundaries for the tract in which the logging will take place and the boundaries of the proposed harvest area.
x. A cutting practice or stand prescription for each stand located in the proposed harvest area.
xi. Copies of all required permits shall be submitted as an appendix to the logging plan.
xii. Copies of the timber sale map and erosion and sedimentation plan.
d. The logging plan required by division (B)(16)(b)3.b. of this section shall satisfy the requirements of this section if points c.viii. through x. above are also addressed.
e. The logging plan, the timber sale map, and the erosion and sedimentation plan shall be available at the timber harvesting site.
f. For all timber harvesting operations that are expected to exceed five acres, the Township Enforcement Officer shall be notified in writing both prior to the commencement of the operation and at the end of the operation.
g. In addition to any notification required by division (B)(16)(b)3.f. above, a copy of the written logging plan shall be on site and submitted to the Township Enforcement Officer upon request.
h. The erosion and sedimentation control and stream crossing requirement set forth in the logging plan shall be followed at all times during the operation.
i. The following requirements shall govern all timber harvesting operations:
i. Felling or skidding on or across any public thoroughfare is prohibited without the express written consent of the township or the Pennsylvania Department of Transportation, whoever is responsible for maintenance of the thoroughfare.
ii. No tops or slash shall be left within 25 feet of any public thoroughfare.
iii. All tops and slash between a distance of 25 and 50 feet from a public thoroughfare shall be lopped to a maximum height of four feet above the surface of the ground.
iv. All tops and slash shall be cut to a minimum of five above the surface of the ground unless otherwise prescribed in the logging plan.
v. All trees to be cut shall be marked above and below stump height with tree marking paint prior to the start of logging.
vi. No tops or slash shall be left on or across a property boundary without the consent of the adjoining landowner.
vii. All litter resulting from a logging operation shall be cleaned up and removed from the site before it is vacated by the operator.
viii. Logging within 75 feet of each side of a trout stream is prohibited unless all of the following conditions have been met:
A. The basal area of trees in that area within the 75 foot zone shall not be reduced below 50% of the basal area present before cutting or below 65 square feet per acre, whichever is greater.
B. Care should be taken not to remove only the highest quality of trees in the area.
C. The name and location of all trout streams which cross the area to be logged shall be clearly indicated on the logging plan map.
4. Enforcement.
a. The Township Enforcement Officer may enter the site of any tree harvesting operation before, during and/or after active timber harvesting to review plans and other required documents to ensure that such plans and documents are in compliance with the provisions of the Zoning Code and to ensure that the actual operation is proceeding in compliance with those plans. It is recommended that the landowner or landowner's representative be invited to be present during any site visit.
b. Any timber harvesting operating found to be proceeding without the required logging plan shall immediately cease operations and not resume operations until a plan is submitted and approved by the Township Enforcement Officer.
c. Whenever a timber harvesting operation violates any provision of the Zoning Code, the township may seek enforcement remedies and penalties as authorized by § 155.999.
d. In addition to the foregoing, whenever the Township Enforcement Officer finds a condition in a timber harvesting operation to be causing an immediate environmental risk, the Township Enforcement Officer shall immediately order operations to cease, and contact the Lehigh County Conservation District and request enforcement of the rules and regulations referenced in this section.
(17) Golf course.
(a) No fairways, green or other use area shall be located closer than 50 feet to a rear or side property line.
(b) No building shall be less than 100 feet from any lot line.
(c) Landscaping shall be used to distinguish golf course areas from adjacent private residential properties.
(18) Group home.
(a) There shall be no more than six residents, unless specifically approved otherwise under § 155.029.
(b) There shall be 24-hour supervision by people qualified by training and experience in the field for which the group home is intended.
(c) The use shall be licensed under the applicable state program, as applicable.
(d) Any medical or counseling services provided shall be done so only for residents.
(e) One off-street parking space shall be provided for:
1. The supervisor;
2. Each additional employee per shift; and
3. Every two residents.
(f) The group home activity shall not be related to criminal rehabilitation of either juveniles or adults.
(g) If the group home is an existing or new structure, located in a residential district or subdivision, it shall be maintained and/or constructed to ensure that it is similar in appearance, condition and character to the other residential structures in the area.
(h) The group home shall register its location, number of residents and sponsoring agency with the township and such information shall be available to the public.
(i) If there is a change of sponsor, management or type of client in the group home, the use shall be reconsidered by the township.
(j) A statement setting forth full particulars on the operation to be conducted and to include the approvals of the Pennsylvania Department of Health, Labor and Industry, State and Public Welfare, Human Relations Commission as well as to Title VI of the Civil Rights Act of 1964, being 42 U.S.C. §§ 2000d et seq. shall be filed with the township where applicable.
(k) The group home shall provide the township with a certificate of certification on an annual basis.
(l) This use shall not include a treatment center.
(19) Greenhouse/nursery. Off-street parking shall be provided and designed to prohibit vehicles from backing out onto a street or highway.
(20) Hotel/motel. A restaurant may be permitted as an accessory use to a hotel or a motel.
(21) Laundry/laundromat. Centralized sewage disposal facilities and centralized water supply facilities shall be provided.
(22) Manufactured (mobile) home.
(a) Shall be constructed in accordance with the safety and construction standards of the U.S. Department of Housing and Urban Development;
(b) Shall have a site graded to provide a level, stable and well-drained area;
(c) Shall have wheels, axles and hitch mechanisms removed; and
(d) Shall be securely attached to the ground and installed in accordance with the Construction Code for One- and Two-Family Dwellings and the manufacturer’s instructions:
1. The foundation system shall consist of ten inch diameter concrete piers, concrete footing perpendicular to the main longitudinal frame, or equivalent and shall be installed from ground level to below the frost line (36 inches minimum). This foundation system shall be placed on eight feet centers along each of the two main longitudinal frames for each section of the home with no more than three feet overhang at each end of the section;
2. One-half inch diameter by 12 inch long eyebolts shall be cast in place at each corner and at two midpoints in the concrete piers, concrete footing or equivalent. Concrete blocks shall be used to support the home on the foundation system and wood shims may be used for final leveling. The concrete support blocks shall not be wider than the support foundation;
3. The manufactured home shall be securely anchored or tied down with cable and turn buckles or equivalent connecting the frame to the cast in place eyebolts on at least four corners and two midpoints. The tie down shall also be in accordance with the manufacturers recommendations furnished with each home;
4. Homes shall not be placed more than four feet above the supporting ground area; and
5. Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home, or a material that has the appearance of a perimeter foundation.
(23) Nursery school/day care center.
(a) No outdoor play area shall be closer than 40 feet to any lot line.
(b) The use shall comply with any applicable county, state and federal regulations.
(24) Picnic grove.
(a) No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.
(b) No lighting shall be permitted which will shine on adjacent properties.
(25) Place of worship. Shall be on a lot at least two acres in area.
(26) Restaurant.
(a) Shall screen all trash containers;
(b) Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives;
(c) May provide an outdoor menu board (which shall not be considered a sign) if drive-up service is provided from within the building to customers in their vehicles; and
(d) Shall provide a visual planting screen, in accordance with § 155.093(D), when adjacent to residential properties.
(27) Self-storage development,
(a) All storage units shall be fireproof and waterproof. Each shall have separate ingress and egress secured by a locking device.
(b) Outdoor storage shall be limited to recreational vehicles, campers and boats on trailers parked on paved areas. All such items must be licensed and inspected (if applicable), and in operable condition.
(c) Trash, garbage, refuse, explosive or flammable materials, hazardous substances, animal, animal carcasses or skins, or similar items shall not be stored.
(d) Nothing shall be stored in interior traffic aisles, off-street parking areas, loading areas or driveway areas.
(e) Servicing or repairing of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.
(f) Adequate lighting shall be provided to illuminate the area, but directed away or shielded to direct light away from adjacent uses.
(28) Swimming club or swimming pool, non-household.
(a) All pools shall be entirely enclosed with a good quality chain-link or preferably a wooden or other equivalent fence of not less than six feet in height.
(b) No loudspeaker or amplifying device shall be permitted which will project sound that is perceptible within a dwelling on another lot.
(c) Lighting perceptible beyond the property line shall be minimized in accordance with § 155.123.
(29) Truck terminal.
(a) There shall be a one-acre minimum lot size.
(b) A 20-foot buffer yard in accordance with the provisions of § 155.093(D) shall be provided along the side, rear and front lot lines, except for vehicular and pedestrian access areas traversing the yard areas.
(30) Warehouse or wholesale.
(a) Truck parking and loading shall meet the minimum standards of this chapter and in unique situations shall be provided according to maximum standards of the industry for the specific type of warehouse, whole or distribution activity to be conducted.
(b) Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.
(c) No storage of trash, garbage, refuse, explosive or flammable materials, hazardous substances, animals, animal carcasses or skins, or similar items shall be permitted.
(Ord. 126, passed 3-18-2010; Ord. 161, passed 4-18-2019; Ord. 170, passed - -2023)