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Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
[Amended 4-16-2012 by Ord. No. 763]
For the purposes of this chapter, the Borough is hereby divided into the following classes of districts:
A. 
R-1 — Residential.
B. 
R-2 — Residential.
C. 
M — Mixed.
D. 
TC — Town Center.
E. 
SC — Shopping Center.
F. 
I — Industrial.
G. 
C — Conservation.
H. 
HC — Highway Commercial.
I. 
FRO — Flexible Redevelopment Overlay.
J. 
TrOO — Trail Oriented Overlay.
A. 
Zoning Map. The boundaries of each district or zone are established as shown on the Official Zoning Map of the Borough which accompanies this chapter and is declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
B. 
Delineation of district boundaries. The district boundary lines are intended generally to follow the boundary lines of streets and similar rights-of-way or lot lines, or straight line projections of such lines or Borough boundary lines, all as shown on the Zoning Map, but where a district boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line, as indicated.
C. 
Interpretation of district boundaries. In case of uncertainty as to the true location of a district boundary line in a particular instance, the determination thereof shall be made by the Zoning Officer or his designee. An appeal may be taken to the Zoning Hearing Board.
[Added 4-18-2016 by Ord. No. 805]
For any use not specifically provided for in the Zoning Ordinance and where the proposed use is not included within another use which has been specifically provided for in the Zoning Ordinance, said use shall be permitted as a conditional use pursuant to §§ 450-62B(3) and 450-66.
The purpose of this district is to maintain the stable character of this area as a desirable family-oriented living environment.
A. 
Permitted uses. These uses are permitted by right in the district. Upon demonstration to the Zoning Officer or his designee that the dimensional and other applicable requirements of this chapter are met, the Zoning Officer or his designee shall issue a zoning permit.
(1) 
Public outdoor recreation areas such as parks, playgrounds and picnic grounds.
(2) 
Single-family detached dwelling.
(3) 
Forestry.
(4) 
No-impact home-based business.
B. 
Accessory uses. These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable provisions of this chapter.
(1) 
Private garage or private parking area, pursuant to §§ 450-18B and 450-19B.
(2) 
Customary accessory structure or use.
(3) 
Private, noncommercial swimming pool pursuant to Chapter 399, Swimming Pools, of this Code.
(4) 
Home office.
C. 
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
[1]Home occupation and home professional office.
[1]
Editor's Note: Former Subsection C(1), Conversion of dwelling units into apartments, which immediately preceded this subsection, was repealed 10-6-2008 by Ord. No. 726.
(2) 
Public or private noncommercial school.
(3) 
Church, Sunday school, or other place of worship, parish house.
(4) 
Private nonprofit outdoor recreation areas such as parks, playgrounds and picnic grounds.
(5) 
Signs.
(6) 
Agricultural operation.
(7) 
Group home.
[Amended 2-7-2011 by Ord. No. 751]
(8) 
Nondisabled group home.
[Added 2-7-2011 by Ord. No. 751]
D. 
Lot area, width, building coverage and height regulations.
[Amended 10-6-2008 by Ord. No. 726]
Uses
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Impervious Coverage of Lot
Maximum Building Height
(feet)
Single-family detached dwelling
5,500
50
40%
65%
40
Single-family semidetached dwelling (each dwelling unit)
3,850
35
40%
65%
40
All other uses
7,800
60
40%
65%
40
E. 
Minimum yard requirements.
[Amended 10-6-2008 by Ord. No. 726]
Minimum Acceptable Dimensions
Uses
Front Yard
(feet)
One Side Yard
(feet)
Both Side Yards, Total Width
(feet)
Side Yard Abutting Street
(feet)
Rear Yard
(feet)
Single-family detached dwelling
25
7
16
20
30
Single-family semidetached dwelling (each dwelling unit)
25
8
16
20
30
All other uses
25
10
20
20
30
F. 
Site plan approval.
(1) 
Required for public and private nonprofit outdoor recreation areas pursuant to § 450-78.
(2) 
Required for conversions of dwelling units into apartments, public or private noncommercial school and churches. Sunday schools or other places of worship pursuant to § 450-64C.
The purpose of this district is to provide areas where a variety of housing needs can be met through a choice of housing types while simultaneously preserving the integrity of the existing residential environment.
A. 
Permitted uses. These uses are permitted by right in the district. Upon demonstration to the Zoning Officer or his designee that the dimensional and other applicable requirements of this chapter are met, the Zoning Officer or his designee shall issue a zoning permit.
(1) 
Agriculture.
(2) 
Cemetery.
(3) 
Multifamily dwelling.
(4) 
Public outdoor recreation areas such as parks, playgrounds and picnic grounds.
(5) 
Single-family attached dwellings (townhouses).
(6) 
Single-family detached dwellings.
(7) 
Single-family semidetached dwellings (duplexes).
(8) 
Forestry.
(9) 
No-impact home-based business.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Accessory uses. These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable provisions of this chapter.
(1) 
Private garage or private parking area pursuant to §§ 450-18B and 450-19B.
(2) 
Customary accessory structure or use.
(3) 
Private, noncommercial swimming pursuant to Chapter 399, Swimming Pools.
(4) 
Home office.
C. 
Special exception use. Application for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
[2]Home occupation and home professional office.
[2]
Editor's Note: Former Subsection C(1), Conversion of dwelling units into apartments, which immediately preceded this subsection, was repealed 10-6-2008 by Ord. No. 726.
(2) 
Membership club.
(3) 
Mobile home park.
(4) 
Group care and family care facilities.
(5) 
Public or private noncommercial school.
(6) 
Church, Sunday school, or other place of worship, parish house.
(7) 
Housing for the elderly.
(8) 
Private nonprofit outdoor recreation areas such as parks, playgrounds and picnic grounds.
(9) 
Signs.
(10) 
Group home.
[Amended 2-7-2011 by Ord. No. 751]
(11) 
Nondisabled group home.
[Added 2-7-2011 by Ord. No. 751]
D. 
Lot area, density, width, building coverage and height regulations.
[Amended 10-6-2008 by Ord. No. 726]
Uses
Minimum Lot Area
Maximum Density (units/ acre)
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Impervious Coverage of Lot
Maximum Building Height
(feet)
Single-family detached dwelling
5,000 square feet
40
40%
65%
40
Single-family semidetached dwelling (each dwelling unit)
3,750 square feet
30
40%
65%
40
Single-family attached dwelling (each dwelling unit)
2,500 square feet
12
20
40%
65%
40
Multifamily dwelling
None
15
None
45%
65%
40
Mobile home park
5 acres
6
300
25%
65%
25
Agriculture
None
None
None
None
None
Housing for the elderly
40
40%
65%
45
All other uses
7,500 square feet
60
40%
65%
40
E. 
Minimum yard requirements.
[Amended 10-6-2008 by Ord. No. 726]
Minimum Acceptable Dimensions
Uses
Front Yard
(feet)
Each Unattached Side Yard
(feet)
Side Yard Abutting Street
(feet)
Rear Yard
(feet)
Single-family detached dwelling
25
5
20
30
Single-family semidetached dwelling
25
5
20
30
Single-family attached dwelling
25
10
15
30
Mobile home park
35
25
30
30
Agriculture
None
None
None
None
Housing for the elderly
25
20
20
20
All other uses
25
10
20
30
F. 
Site plan approval. Required for all special exception uses, excepting home occupations pursuant to § 450-64C.
[Amended 7-6-2004 by Ord. No. 662]
The purpose of this district is to recognize the currently mixed land use character of these areas, to provide for a variety of land uses which allow for the economically viable use or reuse of the properties, to manage the land uses in the area so as to minimize the frictions between the land uses, and to stabilize the character of the area.
A. 
Permitted uses. These uses are permitted by right in the district. Upon demonstration to the Zoning Officer or his designee that the dimensional and other applicable requirements of this chapter are met, the Zoning Officer or his designee shall issue a zoning permit.
(1) 
Retail store or shop.
(2) 
Business office or office building.
(3) 
Professional or medical offices.
(4) 
Personal service store or shop.
(5) 
Standard restaurant.
(6) 
Membership club.
(7) 
Forestry.[1]
[1]
Editor's Note: Former Subsection A(7), regarding banks or other financial institutions, was repealed 3-6-2017 by Ord. No. 813. This ordinance also redesignated former Subsection A(8) through A(18) as Subsection A(7) through A(17), respectively.
(8) 
Single-family detached dwelling.
(9) 
Single-family semidetached dwelling (duplex).
(10) 
Single-family attached dwelling (townhouse).
(11) 
Multifamily dwelling.
(12) 
Funeral home.
(13) 
Commercial schools.
(14) 
Building or facility for municipal and governmental use.
(15) 
Public utility building, structure or facility.
(16) 
Community center, public library or similar use.
(17) 
Medical marijuana dispensaries, with consideration for the applicable performance standards found in § 450-22.1A(4).
[Added 3-6-2017 by Ord. No. 811]
B. 
Accessory uses. These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable provisions of this chapter.
(1) 
Customary accessory uses and structures.
(2) 
Signs pursuant to § 450-22.
(3) 
Home occupations and home professional offices pursuant to § 450-19A.
(4) 
Private, noncommercial swimming pool pursuant to Chapter 399, Swimming Pools.
(5) 
Private garage or private parking area pursuant to § 450-18B.
(6) 
Home office pursuant to § 450-19A.
C. 
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
Commercial recreation area or use.
(2) 
Apartments in combination with stores or offices.
(3) 
Conversion of dwelling units into apartments.
(4) 
Convalescent or nursing home.
(5) 
Group home.
[Amended 2-7-2011 by Ord. No. 751]
(6) 
Church, Sunday school, or other place of worship.
(7) 
Boardinghouse.
(8) 
General servicing or repair shop.
(9) 
Printing or publishing establishment.
(10) 
Assisted living facilities.
(11) 
Nondisabled group home.
[Added 2-7-2011 by Ord. No. 751]
(12) 
Treatment center.
[Added 2-7-2011 by Ord. No. 751]
(13) 
Bed-and-breakfast.
[Added 4-18-2016 by Ord. No. 805]
D. 
Conditional uses:
[Added 3-6-2017 by Ord. No. 813[2]]
[2]
Editor's Note: This ordinance also redesignated former Subsections D through F as Subsections E through G, respectively.
E. 
Lot area, width, density, building coverage, minimum and maximum height regulations and maximum building footprint.
Uses
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Density (units/ acre)
Maximum Building Coverage of Lots
Maximum Impervious Coverage of Lots
Minimum Building Height
(stories)
Maximum Building Height
(feet)
Maximum Building Footprint
(square feet)
Single-family detached dwelling
4,800
40
40%
65%
40
1,920
Single-family semidetached dwelling (each dwelling unit)
3,000
25
40%
65%
40
1,200
Single-family attached dwelling
2,200
18
13
40%
65%
40
880
Multifamily dwelling
15
45%
65%
2
40
8,500
Conversion of dwelling units into apartments (each unit) or apartments in combination with stores or offices
3,000
45%
65%
2
40
Bus passenger station, taxi station
None
8,500
All other uses
6,000
60
60%
85%
2
40
8,500
NOTES:
Maximum building size restrictions do not apply to existing structures. The maximum building size restrictions do apply to additions to existing buildings.
F. 
Minimum yard requirements.
Minimum Acceptable Dimensions
Front Yard
(feet)
Each Unattached Side Yard
(feet)
Side Yard Abutting Street
(feet)
Rear Yard
(feet)
Single-family detached dwelling
10
5
10
25
Single-family semidetached dwelling (each dwelling unit)
10
5
10
25
Single-family attached dwelling
10
10
10
25
Multifamily dwelling and conversions of dwelling units into apartments
15
10
15
25
Bus passenger station, tax station
None
None
None
None
All other uses
10
5
10
10
G. 
Site plan approval.
(1) 
Required for all nonresidential permitted pursuant to § 450-78.
(2) 
Required for all special exception uses pursuant to § 450-64C.
[Amended 7-6-2004 by Ord. No. 662]
The purpose of this district is to set the area as the focal point of the community. This district encourages the most intense development of any area of Hellertown.
A. 
Permitted uses. These uses are permitted by right in the district. Upon demonstration to the Zoning Officer or his designee that the dimensional and other applicable requirements of this chapter are met, the Zoning Officer or his designee shall issue a zoning permit.
(1) 
Retail store or shop.
(2) 
Business office or office building.
(3) 
Professional or medical offices.
(4) 
Personal service store or shop.
(5) 
General servicing or repair shop.
(6) 
Standard restaurant.
(7) 
Commercial schools.
(8) 
Building or facility for municipal and governmental use.
(9) 
Public outdoor recreation areas such as parks and playgrounds.
(10) 
Membership club.
(11) 
Cultural facilities such as art galleries, libraries or museums, community facility.
(12) 
Mid-rise apartments.
(13) 
Condominiums.
(14) 
Bed-and-breakfast.[1]
[Added 4-18-2016 by Ord. No. 805]
(a) 
The permitted use shall be no more than four guest rooms in any individual residential property.
(b) 
The permitted use must also meet the requirements set forth in § 450-56.2 except for Subsection A(4).
[1]
Editor's Note: Former Subsection A(14), regarding banks and other financial institutions, was repealed 3-6-2017 by Ord. No. 813. This ordinance also redesignated former Subsection A(15) through A(16) as Subsection A(14) through A(15), respectively.
(15) 
Medical marijuana dispensaries, with consideration for the applicable performance standards found in § 450-22.1A(4).
[Added 3-6-2017 by Ord. No. 811]
B. 
Accessory uses. These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable provisions of this chapter.
(1) 
Private garage or private parking area pursuant to § 450-19B.
(2) 
Public parking area.
(3) 
Customary accessory structure or use.
(4) 
Signs, pursuant to § 450-22.
(5) 
Private, noncommercial swimming pool pursuant to Chapter 399, Swimming Pools.
(6) 
Home occupation and home professional office pursuant to § 450-19A.
(7) 
Home office pursuant to § 450-19A.
C. 
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
Apartments in combination with stores or offices.
(2) 
Conversion of dwelling units into apartments.
(3) 
Drive-in bank or remote banking facility.
(4) 
Commercial recreation area or use.
(5) 
Group home.
[Amended 2-7-2011 by Ord. No. 751]
(6) 
Other restaurant.
(7) 
Church, Sunday school, or other place of worship.
(8) 
Housing for the elderly.
(9) 
Private nonprofit outdoor recreation areas such as parks and playgrounds.
(10) 
Assisted living facilities.
(11) 
Drive-in restaurant.
(12) 
Nondisabled group home.
[Added 2-7-2011 by Ord. No. 751]
(13) 
Treatment center.
[Added 2-7-2011 by Ord. No. 751]
D. 
Conditional uses:
[Added 3-6-2017 by Ord. No. 813[2]]
(1) 
Bank.
(2) 
Gun shops.
[2]
Editor's Note: This ordinance also redesignated former Subsections D through F as Subsections E through G, respectively.
E. 
Lot area, width, density, building coverage, minimum and maximum height requirements, and maximum building footprint.
Uses
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Density
(units/ acre)
Maximum Building Coverage of Lot
Maximum Impervious Coverage of Lot
Minimum Building Height
(stories)
Maximum Building Height
(feet)
Maximum Building Footprint
(square feet)
Housing for the elderly
40
40%
65%
2
45
8,500
Mid-rise apartments, condominiums
25
40%
80%
2
45
8,500
Conversions of dwelling units into apartments, apartments in combination with stores
3,000
80%
2
All other uses
None
40
80%
85%
2
45
8,500
NOTE:
Maximum building size restrictions do not apply to existing structures. The maximum building size restrictions do apply to additions to existing buildings.
F. 
Minimum yard requirements.
Minimum Acceptable Dimensions
Uses
Front Yard
(feet)
Each Unattached Side Yard
(feet)
Side Yard Abutting Street
(feet)
Rear Yard
(feet)
Housing for the elderly, mid-rise apartments, condominiums
25
20
20
20
All other uses
None
7
10
10
G. 
Site plan approval.
(1) 
Required for gas station, motorized vehicle repair shop, automobile sales, mid-rise apartments and condominiums pursuant to § 450-78.
(2) 
Required for all special exceptions uses pursuant to § 450-64C.
The purpose of this area is to provide an area where major commercial uses and highway-oriented businesses can locate to serve Hellertown and surrounding communities.
A. 
Permitted uses. These uses are permitted by right in the district. Upon demonstration to the Zoning Officer or his designee that the dimensional and other applicable requirements of this chapter are met, the Zoning Officer or his designee shall issue a zoning permit.
(1) 
Retail store or shop.
(2) 
Standard restaurants.
(3) 
Personal service store or shop.
(4) 
General servicing or repair shop.
(5) 
Business offices or office building.
(6) 
Professional or medical offices.
(7) 
Commercial recreation area or use.[1]
[1]
Editor's Note: Former Subsection A(7), regarding banks and other financial institutions, was repealed 3-6-2017 by Ord. No. 813. This ordinance also redesignated former Subsection A(8) through A(18) as Subsection A(7) through A(17), respectively.
(8) 
Shopping center.
(9) 
Commercial school.
(10) 
Public utility building or facility.
(11) 
Cemeteries.
(12) 
Forestry.
(13) 
Academic clinical research centers, with consideration for the applicable performance standards found in § 450-22.1A(1).
[Added 3-6-2017 by Ord. No. 811]
(14) 
Medical marijuana dispensaries, with consideration for the applicable performance standards found in § 450-22.1A(4).
[Added 3-6-2017 by Ord. No. 811]
(15) 
Hospital.
[Added 3-6-2017 by Ord. No. 813]
(16) 
Tattoo parlor.
[Added 3-6-2017 by Ord. No. 813]
(17) 
Body piercing.
[Added 3-6-2017 by Ord. No. 813]
B. 
Accessory uses. The uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable provisions of this chapter.
(1) 
Home occupations and home professional offices pursuant to § 450-19A.
(2) 
Parking and loading areas pursuant to §§ 450-18B and 450-20.
(3) 
Signs pursuant to § 450-22.
(4) 
Customary accessory uses incidental to the principal uses.
(5) 
Home office pursuant to § 450-19A.
C. 
Special exception uses. Applications for special exceptions are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
[Added 9-17-2012 by Ord. No. 775]
(1) 
Other restaurant.
(2) 
Agricultural operation.
(3) 
Drive-in bank or automatic teller service.
(4) 
Motorized vehicle repair shop.
(5) 
Gas station.
(6) 
Automobile or motorized vehicle sales with accessory service facilities.
(7) 
Bus passenger or taxi station.[2]
[2]
Editor's Note: Former Subsection C(8), Adult bookstores, adult movie/picture theaters and cabarets, which immediately followed this subsection, was repealed 7-2-2007 by Ord. No. 706.
(8) 
Drive-in restaurant.
(9) 
Motorized equipment repair shop.
(10) 
Communications towers and/or communications antennas.
[Added 7-5-2005 by Ord. No. 676; amended 3-20-2006 by Ord. No. 691]
(a) 
In Zoning Districts SC, I, C, and HC. The use shall not be permitted in R-1, R-2, Mixed or Town Center Zoning Districts.
(b) 
For the zoning districts in which the use of communication towers and/or communication antennas is permitted, as set forth above, the use shall be permitted by special exception. The special exception use shall be pursuant to Article VI, §§ 450-55 and 450-56.
(11) 
Adult-oriented establishments and massage parlors.
[Added 7-2-2007 by Ord. No. 706]
(12) 
Check-cashing business.
[Added 7-2-2007 by Ord. No. 706]
(13) 
Pawnshops.
[Added 7-2-2007 by Ord. No. 706]
(14) 
Bottle clubs.
[Added 7-2-2007 by Ord. No. 706]
(15) 
Bed-and-breakfast.
[Added 4-18-2016 by Ord. No. 805]
(16) 
Medical marijuana dispensaries, with consideration for the applicable performance standards found in § 450-22.1A(4).
[Added 3-6-2017 by Ord. No. 811]
D. 
Conditional use:
[Added 3-6-2017 by Ord. No. 813[3]]
(1) 
Bank.
[3]
Editor's Note: This ordinance also redesignated former Subsections D through F as Subsections E through G, respectively.
E. 
Lot area, width, building coverage, height and yard requirements.
Uses
Minimum Lot Area
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Impervious Coverage of Lot
Maximum Building Height
(feet)
Shopping centers
4 acres
250
30%
80%
40
All other permitted uses
20,000 square feet
100
30%
80%
40
F. 
Minimum yard requirements.
Minimum Acceptable Dimensions
Front Yard
(feet)
Side Yard
(feet)
Rear Yard
(feet)
Shopping centers
40
20
30
All other permitted uses
30
15
25
G. 
Site plan approval.
(1) 
Required for all permitted uses pursuant to § 450-78.
(2) 
Required for all special exception uses pursuant to § 450-64C.
A. 
The purpose of the district is to provide for the continued use of the industrial properties for their intended purposes and to provide additional area for industrial expansion so as to provide employment opportunities for area residents.
(1) 
Permitted uses. These uses are permitted by right in the district. Upon demonstration to the Zoning Officer or his designee that the dimensional and other applicable requirements of this chapter are met, the Zoning Officer or his designee shall issue a zoning permit.
(a) 
Any manufacturing or assembly operation meeting the performance standards of this chapter.
(b) 
Research institute or laboratory meeting the performance standards of this chapter.
(c) 
Wholesale establishment, warehouse, storage and distribution establishment.
(d) 
Building material sales and storage yard.
(e) 
Dry-cleaning plant, laundry.
(f) 
Public outdoor recreation areas such as parks and playgrounds.
(g) 
Business office or office building.
(h) 
Public utility building, structure or facility.
(i) 
Municipal building or facility.
(j) 
Automobile sales with accessory service buildings, including outdoor storage of nonjunked cars for sale.
(k) 
Printing or publishing establishment.
(l) 
Motorized vehicle repair shop.
(m) 
Forestry.
(n) 
Motorized equipment repair shop.
(o) 
Medical marijuana growers/processors, with consideration for the applicable performance standards found in § 450-22.1A(2).
[Added 3-6-2017 by Ord. No. 811]
(p) 
Hospital.
[Added 3-6-2017 by Ord. No. 813]
B. 
Accessory uses. These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable provisions of this chapter.
(1) 
Customary accessory uses and structures.
(2) 
Parking and loading facilities pursuant to §§ 450-18B and 450-20.
(3) 
Signs pursuant to § 450-22.
(4) 
Storage facilities.
(5) 
Home occupation and home professional offices pursuant to § 450-19A.
C. 
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
Railroad terminal and distribution facilities.
(2) 
Oil, coal or propane distribution or sales facilities.
(3) 
Private nonprofit outdoor recreation areas such as parks and playgrounds.
(4) 
Other uses not provided for elsewhere in this chapter, so long as said uses are reasonable and compatible with the overall zoning scheme and recognizing the agricultural, commercial, industrial and residential emphasis of the Borough of Hellertown.
(5) 
Communications towers and/or communications antennas.
[Added 7-5-2005 by Ord. No. 676; amended 3-20-2006 by Ord. No. 691]
(a) 
In Zoning Districts SC, I, C, and HC. The use shall not be permitted in R-1, R-2, Mixed or Town Center Zoning Districts.
(b) 
For the zoning districts in which the use of communication towers and/or communication antennas is permitted, as set forth above, the use shall be permitted by special exception. The special exception use shall be pursuant to Article VI, §§ 450-55 and 450-56.
(6) 
Mineral extraction.
D. 
Conditional uses:
[Added 3-6-2017 by Ord. No. 813[1]]
(1) 
Bank.
[1]
Editor's Note: This ordinance also redesignated former Subsections D through F as Subsections E through G, respectively.
E. 
Lot area, width, building coverage, height and yard requirements.
Uses
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Impervious Coverage of Lot
Maximum Building Height
(feet)
All permitted uses
10,000
70
40%
80%
50
F. 
Minimum yard requirements.
Minimum Acceptable Dimensions
Uses
Front Yard
(feet)
Side Yard
(feet)
Side Yard Abutting Street
(feet)
Rear Yard
(feet)
All permitted uses
25
10
20
20
G. 
Site plan approval.
(1) 
Required for all permitted uses pursuant to the provisions of § 450-78.
(2) 
Required for all special exceptions uses pursuant to the provisions of § 450-64C.
The purpose of the district is to maintain the major open space and recreation facilities in the Borough. Also, the district recognizes the development limitations associated with the floodplains located therein and protects these areas from incompatible development.
A. 
Permitted uses.
(1) 
Fire station.
(2) 
Public outdoor recreation areas such as parks, playgrounds, picnic grounds, swimming pools, golf courses and ice skating rinks.
(3) 
Tree nursery.
(4) 
Municipal building or facility.
(5) 
Forestry.
B. 
Accessory use. These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable provisions of this chapter.
(1) 
Customary accessory use or structure.
(2) 
Signs pursuant to § 450-22.
(3) 
Garage or parking area pursuant to § 450-18B.
C. 
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
Private nonprofit outdoor recreation areas such as parks, playgrounds, picnic grounds, swimming pools, golf courses and ice skating rinks.
(2) 
Communications towers and/or communications antennas.
[Added 7-5-2005 by Ord. No. 676; amended 3-20-2006 by Ord. No. 691]
(a) 
In Zoning Districts SC, I, C, and HC. The use shall not be permitted in R-1, R-2, Mixed or Town Center Zoning Districts.
(b) 
For the zoning districts in which the use of communication towers and/or communication antennas is permitted, as set forth above, the use shall be permitted by special exception. The special exception use shall be pursuant to Article VI, §§ 450-55 and 450-56.
(3) 
Bed-and-breakfast.
[Added 4-18-2016 by Ord. No. 805]
D. 
Lot area, width building coverage and height regulations.
Uses
Minimum Lot Area
(square feet)
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Impervious Coverage of Lot
Maximum Building Height
(feet)
All permitted uses
543,560
150
30%
40%
35
E. 
Minimum yard requirements.
Minimum Acceptable Dimensions
Uses
Front Yard
(feet)
Side Yard
(feet)
Side Yard Abutting Street
(feet)
Rear Yard
(feet)
All permitted uses
50
15
25
40
F. 
Site plan approval. Required for fire stations pursuant to § 450-78.
Purpose. To provide for a mix of commercial uses oriented toward serving transient motorists from the nearby highway as well as Hellertown and surrounding communities. These uses shall be compatible with adjacent neighborhoods and promote efficient traffic access.
A. 
Permitted uses. These uses are permitted by right in the district. Upon demonstration to the Zoning Officer or his designee that the dimensional and other applicable requirements of this chapter are met, the Zoning Officer or his designee shall issue a zoning permit.
(1) 
Shopping center.
(2) 
Hotel or motel.
(3) 
Retail store or shop.
(4) 
Restaurant, standard.
(5) 
General servicing or repair shop.
(6) 
Professional or medical offices.
(7) 
Commercial recreation area or use.[1]
[1]
Editor's Note: Former Subsection A(7), regarding banks and other financial institutions, was repealed 3-6-2017 by Ord. No. 813. This ordinance also redesignated former Subsection A(8) through A(19) as Subsection A(7) through A(18), respectively.
(8) 
Gas station.
(9) 
Theater.
(10) 
Office buildings.
(11) 
Personal service facilities.
(12) 
Commercial school.
(13) 
Bus passenger or taxi station.
(14) 
Public utility installations.
(15) 
Municipal facilities/services.
(16) 
Medical marijuana growers/processors, with consideration for the applicable performance standards found in § 450-22.1A(2).
[Added 3-6-2017 by Ord. No. 811]
(17) 
Medical marijuana transport vehicle offices, with consideration for the applicable performance standards found in § 450-22.1A(3).
[Added 3-6-2017 by Ord. No. 811]
(18) 
Hospital.
[Added 3-6-2017 by Ord. No. 813]
B. 
Accessory uses. These uses occur on the same lot as the permitted uses and are customarily incidental and subordinate to the permitted use. Accessory uses shall meet all yard and other applicable provisions of this chapter.
(1) 
Signs pursuant to § 450-22.
(2) 
Parking and loading areas pursuant to §§ 450-18B and 450-20.
(3) 
Customary accessory uses incidental to the principal uses.
(4) 
Home occupations.
C. 
Special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These rules shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
Restaurant, other.
(2) 
Motorized vehicle repair shop.
(3) 
Automobile sales facility.
(4) 
Motorized equipment repair shop.
(5) 
Communications towers and/or communications antennas.
[Added 7-5-2005 by Ord. No. 676; amended 3-20-2006 by Ord. No. 691]
(a) 
In Zoning Districts SC, I, C, and HC. The use shall not be permitted in R-1, R-2, Mixed or Town Center Zoning Districts.
(b) 
For the zoning districts in which the use of communication towers and/or communication antennas is permitted, as set forth above, the use shall be permitted by special exception. The special exception use shall be pursuant to Article VI, §§ 450-55 and 450-56.
D. 
Conditional uses:
[Added 3-6-2017 by Ord. No. 813[2]]
(1) 
Bank.
[2]
Editor's Note: This ordinance also redesignated former Subsections D through F as Subsections E through G, respectively.
E. 
Lot area, width, building coverage, height and yard requirements.
Uses
Minimum Lot Area
Minimum Lot Width
(feet)
Maximum Building Coverage of Lot
Maximum Impervious Coverage of Lot
Maximum Building Height
(feet)
Shopping centers
3 acres
200
30%
80%
40
Hotel/motel
3 acres
200
30%
80%
70
All other permitted uses
20,000 square feet
100
30%
80%
40
F. 
Minimum yard requirements.
Minimum Acceptable Dimensions
Uses
Front Yard
(feet)
Side Yard
(feet)
Rear Yard
(feet)
Shopping centers
40
20
30
Hotel/motel
40
20
30
All other uses
30
15
25
G. 
Site plan approval.
(1) 
Required for all permitted uses pursuant to § 450-78.
(2) 
Required for all special exception uses pursuant to § 450-64C.
[Added 4-16-2012 by Ord. No. 763]
Purpose: To permit and encourage flexibility in development to encourage reinvestment and redevelopment. The intent is to allow for the use of vacant and under-utilized land and buildings through the use of flexible development and redevelopment standards and compatible architectural design.
A. 
Procedural requirements.
(1) 
After review by the Planning Commission, Borough Council, at its sole and absolute discretion, may elect to apply the Flexible Redevelopment Overlay to a parcel or set of contiguous parcels within the area designated on the Zoning Map that meets one of the following:
(a) 
A structure or site vacant for one year.
(b) 
An unoccupied structure tax delinquent for two years.
(c) 
Physical condition that has rendered the site a public nuisance per Borough building codes.
(d) 
Presence of a fire hazard to persons or property as determined by the Borough Fire Chief.
(e) 
Physical condition that has rendered the site an attractive nuisance to children, including abandoned wells and shafts, basements, excavations or unsafe structures.
(f) 
A structure that, due to dilapidation, sanitation, vermin, lack of facilities or safety, has been designated by the Borough as unfit for human habitation.
(g) 
A structure from which the utilities, plumbing, heating, sewerage or other facilities have been disconnected, destroyed, removed or rendered ineffective so that the property is unfit for its intended use.
(2) 
After review by the Planning Commission, Borough Council may, in its sole discretion, determine whether the proposed tract is suitable for application of the Flexible Redevelopment Overlay.
B. 
R-2 District permitted uses under the Flexible Redevelopment Overlay. These uses are permitted by right upon application of the overlay district as described above. Upon demonstration to the Zoning Officer that the dimensional and other applicable requirements of the section are met, the Zoning Officer shall issue a permit.
(1) 
Apartments with stores or offices.
(2) 
Condominiums.
(3) 
Mid-rise apartments.
(4) 
Banks.
(5) 
Business offices.
(6) 
Commercial school.
(7) 
Funeral homes.
(8) 
General service repair shop.
(9) 
Home occupation/professional office.
(10) 
Home office.
(11) 
Personal service shop.
(12) 
Professional or medical offices.
(13) 
Standard restaurant (floor area not to exceed 5,000 square feet).
(14) 
Theater (capacity not to exceed 500 seats).
C. 
M District permitted uses under the Flexible Redevelopment Overlay. These uses are permitted by right upon the Borough's application of the overlay district as described above. Upon demonstration to the Zoning Officer that the dimensional and other applicable requirements of the section are met, the Zoning Officer shall issue a permit.
(1) 
Apartments with stores or offices.
(2) 
General service repair shop.
(3) 
Personal service shop.
(4) 
Theater (capacity not to exceed 500 seats).
D. 
M District special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
Other restaurant.
E. 
HC District permitted uses under the Flexible Redevelopment Overlay. These uses are permitted by right upon the Borough's application of the overlay district as described above. Upon demonstration to the Zoning Officer that the dimensional and other applicable requirements of the section are met, the Zoning Officer shall issue a permit.
(1) 
Apartments with stores or offices.
(2) 
Drive-in banks.
(3) 
Drive-in restaurants.
(4) 
Other restaurant.
(5) 
Shopping center.
F. 
FRO lot area, width, coverage, and height requirements:
Minimum Lot Area
Minimum Lot Width
(feet)
Maximum Density
(units/ acre)
Maximum Building Coverage of Lot
Maximum Impervious Coverage of Lot
Maximum Building Height
(feet)
R-2 FRO, all permitted uses
7,500 square feet
40
50
60%
85%
70
M FRO, all permitted uses
2,200 square feet
18
18
65%
85%
45
HC FRO, all permitted uses
20,000 square feet
Same as underlying district
N/A
60%
85%
70
G. 
FRO yard requirements:
Minimum Front Yard
(feet)
Maximum Front Yard
(feet)
Minimum Side Yard
(feet)
Minimum Rear Yard
(feet)
R-2 FRO, all permitted uses
None
5
15
20
M FRO, all permitted uses
0
5
5
10
HC FRO, all permitted uses
None
5
15
20
H. 
Site plan approval: required for all nonresidential permitted uses pursuant to § 450-78.
I. 
Design standards. Intent: to provide a set of guidelines that will result in unified, harmonious, high-quality architecture throughout the FRO without inhibiting the creative work of designers and the individuality of property owners and tenant businesses. Design methods are encouraged that minimize the large-scale visual impact of buildings and create a complex compatible with pedestrian-scale streetscape.
(1) 
Site design criteria.
(a) 
Entrance drives shall be clearly visible and provide safe and continuous means of ingress and egress to a street and be so located as to be clearly discernible and accessible without obstruction and so arranged to lead directly to the street.
(b) 
Conflict between service vehicles, autos, and pedestrians shall be minimized.
(c) 
Main building entries shall be emphasized by accent features, including one or more of the following: covered vehicle dropoffs, plazas, planters and landscaping, architectural walls.
(d) 
Site development shall be coordinated and unified with building architecture.
(e) 
Each phase of a development project shall provide stand-alone visual unity.
(2) 
Building form and materials.
(a) 
Building walls shall be designed to create pedestrian-scale exterior spaces by utilizing small wall segments, landscaping, wall texture and shadow lines.
(b) 
Building walls shall be comprised of one primary material that expresses permanence, substance, timelessness and restraint.
(c) 
Materials shall be sufficiently durable to provide low maintenance, stability and a reasonable life span.
(d) 
Materials shall be consistent or blend with existing materials in adjacent areas of the district.
(e) 
Pre-engineered painted metal is strongly discouraged.
(f) 
Exposed drainage pipes on building fronts shall only be permitted with the approval of the Borough.
(g) 
Rooftop mechanical equipment visible from the ground shall be screened or arranged in a neat and compact manner and colored to blend into the visual background.
(h) 
Sloped roofs shall be comprised of a traditional roof material.
(3) 
Lighting guidelines.
(a) 
Lighting visible from an adjacent street shall be indirect or utilize a full-cutoff shield-type fixture.
(b) 
Parking and vehicle access and circulation areas shall be illuminated by full-cutoff fixtures. Parking area illumination shall achieve an average-to-minimum uniformity ratio of 3 to 1 with minimum of 0.3 footcandle.
(c) 
Service-area lighting shall be substantially contained within the area's boundaries and walls.
(d) 
Indirect (invisible source) wall lighting is encouraged.
(e) 
Outdoor pedestrian area lighting shall achieve an average-to-minimum uniformity ratio of 3.5 to 1 with minimum of 0.18 footcandle.
(f) 
Outdoor pedestrian walkway lighting shall clearly identify the walkway and imply the travel direction.
(g) 
Inoperable bulbs shall be replaced and fixtures maintained/repaired within five business days to maintain required light levels.
(4) 
Landscaping.
(a) 
Landscaping strips shall be provided to separate travel lanes of adjoining roads from buildings, off-street parking lots, off-street loading and outdoor storage.
(b) 
Landscaping strips shall be provided to delineate travel lanes of on-site access drives, driveways, interior drives and off-street loading.
(c) 
Landscaping materials shall be provided to buffer and screen to promote compatibility between different adjoining land uses.
(d) 
Landscaping materials shall be comprised of native species that are healthy and vibrant. Dead material shall be replaced within six months.
(e) 
Side and rear yard landscaping strips required elsewhere shall be at least 10 feet wide, six feet high, and achieve seventy-five-percent coverage within four years of installation.
(f) 
Any parking lot containing 20 or more parking spaces shall include landscaping comprising at least 5% of the total lot area.
(5) 
Integration. A development shall be designed and arranged to integrate with its surroundings.
(a) 
A development's configuration shall provide for a logical and seamless connection with its surroundings through the connection of roads, access drives, driveways, pedestrian paths and traffic control devices with existing adjoining similar facilities at logical locations.
(b) 
Development features shall be coordinated, such as shared use of access drives, driveways, off-street parking, loading, storage, display features, pedestrian paths and stormwater management facilities. Shared-use facilities shall be guaranteed through recorded common use and maintenance agreements.
(c) 
A development shall provide for safe and convenient pedestrian access to each use from adjoining properties and nearby residential areas.
[Added 4-16-2012 by Ord. No. 763]
Purpose: to permit and encourage flexibility in development by allowing additional uses within the below zoning districts to facilitate trail-oriented and trail-compatible uses.
A. 
TrOO District permitted uses. These uses are permitted by right upon the Borough's application of the overlay district as described above. Upon demonstration to the Zoning Officer that the dimensional and other applicable requirements of the section are met, the Zoning Officer shall issue a permit.
(1) 
Apartments with stores or offices.
(2) 
Bed-and-breakfast.
(3) 
Banks.
(4) 
Commercial recreation.
(5) 
Professional or medical offices.
(6) 
Retail stores or shops.
(7) 
Standard restaurant.
(8) 
Community center, library, cultural.
(9) 
Public recreation facility.
(10) 
Bed-and-breakfast.
[Added 4-18-2016 by Ord. No. 805]
(a) 
The permitted use shall be no more than four guest rooms in any individual residential property.
(b) 
The permitted use must also meet the criteria set forth in § 450-56.2 except for Subsection A(4).
B. 
TrOO District special exception uses. Applications for special exception uses are subject to review by the Zoning Hearing Board according to the provisions of § 450-64. These uses shall be permitted after the Zoning Hearing Board has determined that the relevant standards and criteria contained in Article VI, Special Exception Uses, are met. The Zoning Hearing Board may attach any reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purpose of this chapter and to protect the public health, safety, morals and the general welfare.
(1) 
Other restaurant.
(2) 
Personal service shop.
C. 
TrOO lot area, width, coverage and height requirements: same as in the underlying district.
D. 
TrOO yard requirements: same as in the underlying district.
E. 
Site plan approval: required for all nonresidential permitted uses pursuant to § 450-78.
F. 
Design standards for trail-adjacent properties. Intent: to provide a set of guidelines that will result in unified, harmonious, high-quality architecture for trail-adjacent properties in the TrOO without inhibiting the creative work of designers and the individuality of property owners and tenant businesses. Design methods are encouraged that maximize the visibility of the trail, create a visual relationship between the trail and adjacent buildings, and create pedestrian-scale architecture along both trail and the street.
(1) 
Site design criteria.
(a) 
Buildings shall be located to preserve trail views.
(b) 
Buildings shall be set back at least 15 feet from the trail property line.
(c) 
Buildings shall have their primary entrance facing the street and a secondary entrance facing the trail.
(d) 
For nonresidential buildings and apartments, ground-floor facades of buildings visible to pedestrians on the trail shall contain a minimum of 60% window area and a maximum of 75%.
(e) 
For nonresidential buildings and apartments, upper-story facades of buildings visible to pedestrians on the trail shall contain a minimum of 35% window area and a maximum of 75%.
(f) 
Structures exceeding the maximum building height and requiring a variance shall submit shadowing studies describing the impact to the trail.
(g) 
Lots more than 300 feet from the end of a block shall provide a path connecting the trail to the street. The path shall be reserved for public use through dedication or the granting of an easement to the Borough. The path shall consist of crushed stone or paving and shall be at least four feet in width.
(h) 
Parking lots containing five or more spaces shall include bike racks.
(i) 
Signs visible from the trail shall not exceed 20 square feet.
(2) 
Building form and materials.
(a) 
Building materials and dimensions shall be designed to create architectural variety and to offer an attractive, comfortable walking environment.
(3) 
Landscaping.
(a) 
Landscaping materials shall be provided to buffer and screen to promote compatibility between different adjoining land uses.