A.
Flood protection. All structures, buildings and uses shall comply with the provisions of Chapter 204, Flood Damage Prevention, and any amendments or revisions thereto.
B.
Placement of accessory uses and structures. The placement of a private
garage, accessory parking area, pergola or other accessory building
or use shall be subject to the following requirements:
(1)
No accessory building shall be constructed within three feet of any
rear or side lot line; however, this setback shall be increased to
five feet when associated with a rear or side alley or street.
(2)
Nothing contained herein shall prevent the construction of a private
garage as a structural part of a main dwelling, provided that, when
so constructed, the exterior garage wall shall be regarded as the
walls of the main dwelling in applying the front, rear and side yard
regulations of this chapter.
(3)
No private garage or other accessory building shall be within a required
front yard. Unroofed parking areas are permissible in required front
yards and in portions of side yards not otherwise required for a planting
screen in industrial districts only, provided that the parking area
is of sufficient size for vehicle storage and maneuvering, and provided
that ingress and egress points are clearly established for the safe
channelization of traffic to and from the adjacent streets.
[Amended 4-16-2012 by Ord. No. 763]
(4)
Any access driveway may be located within a required side yard or
required front yard.
(5)
Accessory buildings and uses shall be on the same lot with the main
building or buildings or on an immediately adjacent lot in the same
ownership or within the site limits of a site plan of development
approved by the Planning Commission as prescribed in this chapter.
(6)
Required accessory parking areas and truck loading spaces shall have
safe and adequate access to a public street either by a driveway on
the same lot or by means of a permanent easement across an adjoining
lot.
(7)
No required accessory parking area or off-street truck loading space
shall be encroached upon by buildings, open storage or any other use.
(8)
Accessory private garages may be constructed within or under any
portion of a main building. Accessory private garages may be built
on the property side yard line, providing two adjoining property owners
agree to build a combined garage utilizing a common driveway. An eight-inch
masonry fire wall must be constructed on the property line extending
to the ridge line of the combined building.
(9)
Pergolas may be located within the required side yard and rear yard.
Pergolas shall not be located within the required front yard.
C.
Small lots of record. In the R-1 and R-2 Districts, a single-family
detached dwelling, and in the M, TC and SC, I or HC District, a building
or structure to contain a permitted or special exception use, may
be erected on any lot with less than the minimum required lot width
or lot areas, providing said lot is separately owned and is not adjacent
to any other lot in the same ownership at the time application is
made for the proposed development of the lot, provided that the aggregate
width of the proposed side yards is not less than 25% of the total
lot width, that the narrower proposed side yard is not less than five
feet in width and that the proposed front and/or rear yards shall
be not less than 65% of the required minimum front and/or rear yard
as specified in this chapter in the minimum yard requirements table
for the applicable zoning district in which the lot is located.[1]
D.
E.
Yards.
(1)
Front yard. The space in a required front yard shall be open and
unobstructed except for an unroofed balcony or terrace projecting
not more than eight feet or steps giving access to a porch or first
floor entry door.
(2)
All yards. Every part of a required yard shall be open to the sky,
unobstructed by structures except for retaining walls and for accessory
buildings in a rear yard and except for the ordinary projections of
sills, belt courses and for ornamental features projecting not to
exceed six inches.
(3)
Open or lattice-enclosed fireproof fire escapes or stairways required
by law, projecting into a yard not more than four feet, and the ordinary
projections of chimneys and pilasters shall be permitted when placed
so as not to obstruct light and ventilation.
(4)
Front yard exemptions. The front yard requirements shall not apply
to a lot where the buildings on the lots to both sides of the lot
in question are nonconforming relative to the front yard setback requirements.
In such cases, the front yard requirement shall be reduced to the
setback of the adjoining building which is lesser in degree of nonconformity.
F.
Through lots. Where a lot extends through from a street to street,
the applicable front yard regulations shall apply on both street frontages.
G.
Corner clearance.
(1)
On a corner lot, within the triangular area (shown in the figure)
determined as provided in this section, no wall or fence or other
structure shall be erected to a height in excess of three feet, and
no vehicle, object or any other obstruction of a height in excess
of three feet shall be parked or placed, and no hedge, shrub or other
growth shall be maintained at a height in excess of three feet, except
that trees whose branches are trimmed away to a height of at least
10 feet above the curb level shall be permitted.
(2)
Such triangular area shall be determined by the intersecting street
center lines and a diagonal connecting two points, one at each street
center line, each of which points is 50 feet from the intersection
of such street center line.
 |
H.
A temporary building permit may be issued for a period not to exceed
one year for nonconforming building, structure or use incidental to
a building or other construction project, including such uses as the
storage of building supplies and machinery and a real estate office
located on a tract of land where individual properties are being offered
for sale, provided that such temporary permit shall be issued only
upon written agreement by the owner or his agent to remove such building
or structure upon expiration of such permits, and further provided
that such permit shall be subject to such reasonable conditions as
the Zoning Hearing Board shall determine to be necessary to protect
the public health, safety, morals and general welfare. Such permit
may be renewed annually over a period not to exceed three years.
I.
Rear dwellings. Rear dwellings shall be prohibited in all districts.
J.
Storage and use of travel trailer, boat, boat trailer, combination
boat and trailer, recreational vehicle or similar vehicles.
(1)
The external storage of any travel trailer, boat, boat trailer, combination
boat and trailer, recreational vehicle or similar vehicles shall be
prohibited within the front yard.
(2)
The external storage of any travel trailer, boat, boat trailer, combination
boat and trailer or similar vehicles shall not encroach on the required
side or rear yard setbacks.
(3)
The occupancy of any travel trailer or similar vehicle as a dwelling
shall not exceed any consecutive forty-eight-hour period.
(4)
No more than two travel trailers, boats, boat trailers, combination
boats and trailers or similar vehicles shall be externally stored
on a lot of record at any one time.
(5)
The storage of a recreational vehicle shall be set back at least
five feet from side and rear lot lines.
A.
Home occupations, home professional offices and home offices. Home occupations and home professional offices shall be allowed based on compliance with the following criteria; home offices shall be allowed based on compliance with criteria as established at Subsection A(3), (4), (6), (7) and (8):
(1)
A home occupation or home professional office shall occupy a space
which constitutes less than 25% of the floor area of the dwelling.
The area of garages or other accessory buildings shall not be used
for the computation of the floor area. The occupation shall not occur
in the garage or other accessory building.
(2)
Outside employees.
(a)
A maximum of two persons not residing at the dwelling may be
employed for a home professional office.
(b)
A maximum of one person not residing at the dwelling may be
employed for a home occupation.
(c)
For home professional offices and home occupations in the R-1
and R-2 Districts, no person who does not reside at the dwelling shall
be employed.
(3)
No home occupation or home professional office shall require structural
alterations of an existing structure. The exterior design shall reflect
the principal residential use of the structure.
(4)
Signs associated with the home occupation or home professional office shall conform to the provisions of § 450-22.
(5)
The parking needs of the home occupation or home professional office shall be met through the use of off-street parking areas according to the provisions of § 450-20. However, all required parking for uses in the R-1 and R-2 Districts shall be provided on site. The provisions of § 450-20A(7) and C(3) shall not apply to uses in the R-1 and R-2 Districts.
(6)
The home occupation or home professional office shall not create
noise, vibration, glare, odors, fumes or electrical interference beyond
the bounds of the property to any extent greater or more frequent
than ordinarily associated with the dwelling unit.
(7)
All storage of materials associated with the home occupation or home
professional office shall be in enclosed buildings.
(8)
In the R-1 and R-2 Districts, all home occupation, home professional
office or home offices that provide a service, other than a medical
office, shall be operated on a visit by appointment basis only. Appointments
shall not exceed two per hour of operation.
(9)
In the R-1 and R-2 Districts, the hours of business for home occupations
and home professional offices shall be limited to 7:00 a.m. to 7:00
p.m.
B.
Private garages or private parking area.
(1)
A private garage or private parking area may be utilized only as
an accessory to the main use, except that no more than two parking
spaces in a private garage accessory to a one-family or a two-family
dwelling may be rented to a person who is not a resident of the dwelling,
and in no circumstance, in any district, shall parking facilities
be rented to others unless the off-street parking requirements of
the occupants of the buildings on the premises, as those requirements
are specified elsewhere in this chapter or have been set by the Zoning
Hearing Board, first have been met.
(2)
Not more than one commercial vehicle, with a gross weight limited
to four tons, may be housed on any lot, and then only in a private
garage.
C.
Fences.
(1)
No fences or walls over six feet in height shall be erected or located
in the R-1 or R-2 District.
(2)
Nothing herein contained shall restrict the height of fences in conjunction
with private noncommercial swimming pools or when such fences are
used to enclose utilities such as electric transformers, switching
stations, reservoirs and/or all other uses deemed as dangerous or
a hazard.
(3)
A fence constructed within the required front yard in the R-1 or
R-2 District shall not exceed three feet in height.
(4)
Fences shall be erected so as to maintain a minimum of five feet
of setback from the right-of-way line associated with a side or rear
street or alley.
(5)
Fences, walls or hedges otherwise in conformity with the provisions
of this chapter may be erected or located within a side yard or rear
yard and along a side or rear property line not associated with a
street or alley.
D.
Mobile home siting. All mobile home placements shall occur in accord
with the following provisions:
(1)
The area of the mobile home stand shall be improved to provide an
adequate foundation for the placement of the mobile home.
(2)
The stand shall be constructed from material sufficient to adequately
support the mobile home and prevent abnormal settling or heaving under
the weight of the home. The corners of the mobile home shall be anchored
to prevent wind overturn and rocking with tie-downs such as concrete
"dead men," screw augers, arrowhead anchors or other devices suitable
to withstand a tension of at least 2,800 pounds.
(3)
After a mobile home has been anchored to the mobile home stand, the
hitch which is employed for the transportation of the unit shall be
removed if not of bolted construction and there shall be a decorative
skirt installed around the base of the unit.
(4)
The mobile home shall utilize the public water supply system and
the public sanitary sewer system.
E.
Buffers.
(1)
Applicability. All lots proposed for nonresidential uses shall be
screened by the use of landscaped buffer strips along those property
lines which are directly contiguous to an R-1 or R-2 zone or an existing
residential lot.
(2)
Regulations. A solid and continuous landscape screen shall consist
of a protective planting strip not less than 10 feet or more than
30 feet in width, situated within any required side or rear yard,
designed and laid out with suitable evergreen plant material which
will be planted at a minimum height of four feet and will attain and
shall be maintained at a height of not less than eight feet so as
to provide an effective natural screen between the nonresidential
and residential districts or uses. A planting plan specifying the
type, size and location of existing and proposed plant material shall
be required. Where the distance between the nonresidential use or
parking lot is less than 10 feet from the property line, a fence meeting
the following specifications shall be provided: The fence shall be
six feet high. It shall be composed of masonry, wood or vinyl. Chain-link
material shall not be allowed. The fence shall provide a finished
appearance on both sides.
F.
Satellite earth stations.
(1)
The maximum size of a satellite earth station shall be 12 feet in
diameter.
(2)
In an R-1 or R-2 District, no satellite earth station may be located
in the front yard of a lot or in the street side yard of a corner
lot.
(3)
Any satellite earth station located in a side or rear yard in any
district must be set back from the nearest property line a distance
equal to the overall height of the antenna, which may not exceed 15
feet.
(4)
No satellite earth station located on a roof may exceed an overall
height of 10 feet above the highest point of the roof.
(5)
No satellite earth station may be used for commercial purposes if
located in an R-1 or R-2 District.
G.
Shared housing. A shared housing arrangement may occur in any housing
unit where such use is permitted by the zoning district, subject to
the following provisions:
(1)
The living arrangement shall result in no interior or exterior structural
alterations.
(2)
The use of a dwelling for a shared housing arrangement shall involve
no more than two individuals as a single nonprofit housekeeping unit.
(3)
A minimum of one of the participating individuals shall be at least
65 years of age.
H.
Town Center design standards.
[Added 4-16-2012 by Ord. No. 763]
(1)
Build-to line. Except where otherwise required, buildings shall be
built to the sidewalk or set back from the sidewalk a maximum of 20
feet for purposes of a plaza, square, courtyard, recessed entrance,
or outdoor dining.
(2)
Building orientation and entrances.
(a)
The front facade of buildings shall be oriented towards commercial/main
streets, with a daily public entrance in the front facade.
(b)
Buildings located on corners shall have their entrance located
on the corner with articulation, such as chamfered corner, turret,
canopy or other similar building feature.
(c)
Primary building entrances shall be accentuated by recess, protruding
canopy, portico, overhang or similar building feature.
(3)
Walls.
(a)
Exterior walls facing a street, parking area or walking area
shall not be blank.
(b)
Walls or portions of walls without windows shall contain architectural
treatments similar to the front facade, including materials, colors
and details. At least four of the following shall be provided: masonry,
concrete or masonry plinth at the wall base, belt courses of a different
texture or color, projecting cornice, projecting metal canopy, decorative
tile work, planting trellis, opaque or translucent glass, artwork,
vertical or horizontal articulation, lighting fixtures, or a similar
architectural element.
(4)
Windows.
(a)
Ground-floor front facades of buildings visible to pedestrians
shall contain a minimum of 50% window area and a maximum of 75%.
[Amended 3-16-2015 by Ord. No. 797]
(b)
Ground-floor windows shall be a maximum of 20 inches above grade.
(c)
Upper-story front facade windows shall contain a minimum of
35% window area and a maximum of 75%.
(d)
Windows shall not be smoked, reflective, black or boarded.
(e)
If security bars are required to be installed they shall be
placed on the inside of the windows.
[Added 3-6-2017 by Ord.
No. 813]
(6)
Architectural rhythm.
(7)
Massing.
(a)
Buildings shall be similar in height and size or articulated
and subdivided into massing that is more or less proportional to adjacent
structures.
(b)
The horizontal massing of any facade shall not exceed 50 feet
without variations.
(c)
Nonresidential buildings shall have at least a break in depth
of three feet in all street facades for every 50 feet of continuous
facade, using bay windows, porches, porticos, building extensions,
towers, recessed doorways, or other similar architectural treatments.
[Amended 12-2-2002 by Ord. No. 645]
A.
Off-street parking. Off-street parking spaces for the storage or
parking of passenger vehicles shall be provided pursuant to the provisions
of this section.
(1)
Individual parking spaces. Parking areas shall be marked off into
parking spaces, each with a minimum width of nine feet and a minimum
area of 160 square feet, exclusive of driveways and turning areas.
Parking spaces for the handicapped shall contain a minimum area of
215 square feet and shall be a minimum width of 12 feet, including
the access aisle. Adjacent parking spaces for the handicapped shall
each contain a minimum width of eight feet with a shared access aisle
between them containing a minimum width of five feet.
[Amended 4-16-2012 by Ord. No. 763]
(2)
Minimum requirements for parking areas. The minimum number of off-street
parking spaces required shall be calculated using the following table:
[Amended 4-16-2012 by Ord. No. 763; 3-6-2017 by Ord. No. 813; 10-16-2017 by Ord. No. 820]
|
Use
|
Requirement
| |
|---|---|---|
|
Adult bookstores
|
1 space per 100 gross square feet plus 1 space per employee
| |
|
Adult movie/picture theater
|
1 space per 2 seats plus 1 per employee
| |
|
Agriculture
|
1 space per employee
| |
|
Apartment and office combinations
|
2 spaces per dwelling unit plus 1 space per 200 gross square
feet of office
| |
|
Apartment conversion
|
2.5 spaces per dwelling unit
| |
|
Apartment, mid-rise
|
3 spaces per dwelling unit
| |
|
Assisted living facility
|
1 space per dwelling unit plus 1 space per maximum number employees
at one time
| |
|
ATMs (automatic teller machines)
|
1 space per 1 machine
| |
|
Automotive repair shop
|
5 spaces per bay plus 1 space per employee
| |
|
Bank
|
1 space per 200 gross square feet plus 1 space per 2 employees
| |
|
Bed-and-breakfast
|
1 space per rental unit plus 2 per dwelling unit plus 1 per
nonresident employee
| |
|
Beverage distributor
|
1 space per 200 gross square feet plus 1 per employee
| |
|
Boardinghouse
|
1 space per dwelling/rental unit plus 1 space per nonresident
employee
| |
|
Bowling alley
|
2 spaces per lane plus 2 per pool tables plus 1 space per employee
| |
|
Building materials (sales)
|
1 space per employee plus 1 visitor space per 250 square feet
| |
|
Bus station
|
4 spaces per loading/unloading stall for buses plus 1 per employee
| |
|
Car wash
|
1 per employee
| |
|
Cemeteries
|
1 space per employee plus visitor parking
| |
|
Church or place of worship
|
1 space per 5 seats or per 50 square feet of meeting space plus
1 space per 2 employees
| |
|
Clubs, lodges and similar uses
|
1 space per 6 persons of total capacity plus 1 per 2 employees
| |
|
Commercial or public or private nonprofit school (children age
over 16)
|
6 spaces per classroom plus 1 space per employee
| |
|
Commercial or public or private nonprofit school (children age
under 16)
|
2 spaces per classroom plus 1 space per employee
| |
|
Community center
|
1 space per 400 square feet of floor area plus 1 space per employee
| |
|
Condominium/townhome
|
3 spaces per dwelling unit*
| |
|
Convenience stores
|
1 space per 75 square feet of gross floor area
| |
|
Cultural facility
|
1 space per 400 square feet of floor area plus 1 space per employee
| |
|
Dance club
|
1 space per 100 square feet floor area* plus 1 space per 2 employees
| |
|
Day care (as accessory use to a dwelling)
|
Designated safe dropoff/pickup area plus 1 space per nonresident
employee
| |
|
Day-care center (as principal use)
|
1 space per 12 students plus 1 space per 2 employees
| |
|
Dry-cleaning facility
|
1 space per 2 employees plus 1 visitor space per 250 square
feet
| |
|
Dwelling, multifamily
|
2.5 spaces per dwelling unit*
| |
|
Dwelling, single-family attached
|
3 spaces per dwelling unit*
| |
|
Dwelling, single-family detached
|
2 spaces per dwelling unit*
| |
|
Dwelling, single-family semidetached
|
3 spaces per dwelling unit*
| |
|
Food markets and grocery stores
|
1 space per 150 square feet of gross floor area
| |
|
Funeral home
|
1 space per 75 square feet of assembly space plus 1 space per
employee
| |
|
Gas station
|
5 spaces per bay plus 1 space per employee
| |
|
General service shop
|
1 space per 150 square feet customer floor area plus 1 space
per employee
| |
|
Government building or use
|
1 space per employee plus 1 space per vehicle used plus 1 space
per 4 persons of total capacity
| |
|
Home occupation
|
1 space per 250 square feet devoted to home occupation, minimum
of 1, plus 1 space per nonresident employee
| |
|
Home professional (nonmedical)
|
1 space per 100 square feet devoted to home occupation plus
1 space per nonresident employee
| |
|
Hospitals
|
1 space per 2 beds plus 1 space per 1.2 employees
| |
|
Hotels or motels
|
1 space per guest/rental unit plus 1 space per 5 seats in meeting
room plus 1 space per employee
| |
|
Housing for the elderly; assisted living facility
|
1 space per 5 dwelling/rental units plus 1 space per employee
on largest shift
| |
|
Industrial
|
1 space per 0.9 employee during largest shift plus 1 per company
vehicle
| |
|
Kennel
|
1 space per employee plus 1 space per 15 animals of capacity
| |
|
Laundromat
|
1 space per 3 washing machines plus 1 space per on-site employee
| |
|
Library
|
1 space per 400 square feet of floor area plus 1 space per employee
| |
|
Manufacturing
|
1 space per employee plus 1 space per company vehicle plus 1
space per 250 square feet
| |
|
Membership club
|
1 space per 6 persons of total capacity plus 1 space per employee
| |
|
Mini warehouse
|
1 space per 25 storage units plus 1 space per on-site employee
| |
|
Mobile home park
|
2 spaces per dwelling unit
| |
|
Motorized equipment repair
|
1 space per 250 square feet total floor area plus 1 space per
2 employees
| |
|
Motorized vehicle sales
|
Motor sales: 1 space per 15 vehicles on display plus 1 space
per 300 square feet sales floor area
| |
|
Motorized vehicle service
|
Motor service: 5 spaces per bay plus 1 space per employee on
largest shift
| |
|
Museums, art galleries
|
1 space per 400 square feet gross floor area
| |
|
Nursing home/convalescent home
|
1 space per 4 beds plus 1 space per employee on largest shift
(including staff doctors)
| |
|
Office (veterinarian)
|
4 spaces per doctor plus 1 space per employee
| |
|
Offices (business)
|
1 space per 200 gross square feet
| |
|
Offices (governmental)
|
1 space per 250 gross square feet
| |
|
Offices (medical)
|
5 spaces per practitioner plus 1 space per employee
| |
|
Offices (professional)
|
1 space per 200 gross square feet
| |
|
Oil/gas/coal distribution
|
1 space per employee
| |
|
Personal care homes
|
1 space per 3 beds plus 1 space per 2 employees
| |
|
Personal service shop
|
1 space per 150 square feet customer floor area plus 1 space
per employee
| |
|
Plant nursery
|
1 space per employee plus 1 per 100 square feet total customer
area
| |
|
Printing
|
1 space per 100 square feet customer floor area plus 1 space
per employee
| |
|
Public utility building (non-office)
|
1 space per vehicle routinely needed to service facility
| |
|
Publishing shop
|
1 space per 100 square feet customer floor area plus 1 space
per employee
| |
|
Research facility
|
1 space per employee plus 1 space per company vehicle plus 1
space per 250 square feet
| |
|
Recreation (indoor) (non-bowling)
|
1 space per 200 square feet member floor area (plus 2 space
per racquet court) plus 1 space per 2 employees
| |
|
Recreation (outdoor) (non-publicly owned)
|
1 space per 3 persons of capacity plus 1 space per 2 employees
| |
|
Rehabilitation centers (no overnight stay)
|
1 space per 400 square feet total floor area plus 1 space per
2 employees
| |
|
Rehabilitation centers (treatment facilities)
|
1 space per 10 patients plus 1 space per employee
| |
|
Restaurant, drive-in
|
1 space per 25 square feet customer floor area plus 1 space
per employee
| |
|
Restaurant, other
|
1 space per 3 seats plus 1 per employee
| |
|
Restaurant, standard
|
1 space per 4 seats plus 1 per employee
| |
|
Retail services (barbers, beauticians, tanning, salon, tattoo
parlor, photographer, etc.)
|
1 space per customer seat plus 1 space per employee
| |
|
Retail stores/shops
|
1 space per 250 gross square feet plus 1 space per employee
| |
|
Salvage yard/recycling center
|
1 space per 10,000 square feet plus 1 per employee
| |
|
Seasonal roadside produce stand
|
1 space per employee plus 1 space per 100 square feet total
customer floor area
| |
|
Self-storage
|
1 space per 25 storage units plus 1 space per on-site employee
| |
|
Shopping center
|
1 space per 200 gross square feet
| |
|
Swimming pool (nonresidential)
|
1 space per 40 square feet of water surface (non-wading) plus
1 space per employee
| |
|
Tavern or nightclub (including BYOB)
|
1 space per 100 square feet total customer floor area plus 1
space per employee
| |
|
Theater or auditorium
|
1 space per 5 seats or per 50 square feet of meeting space plus
1 space per 2 employees
| |
|
Vocational training and adult education
|
1 space per 3 students at peak time plus 1 space per faculty/employee
| |
|
Warehouse
|
1 space per employee plus 1 space per company vehicle plus 1
space per 250 square feet
| |
|
Wholesale
|
1 space per employee plus 1 space per company vehicle plus 1
space per 250 square feet
|
(3)
Other uses not specifically listed. The same requirements as for the most similar use listed in Subsection A(2).
[Amended 7-6-2004 by Ord. No. 662]
(4)
Mixed uses. Total requirements shall be the sum of the requirements
of the component uses computed separately, except where there is a
shared parking agreement as noted in this section.
[Amended 4-16-2012 by Ord. No. 763]
(5)
Fractional space. In all districts when required parking spaces results
in the requirement of a fractional space, any fraction may be disregarded.
[Amended 4-16-2012 by Ord. No. 763]
(6)
Nonapplicability of existing buildings and uses. The provisions of Subsection A(1) through (5) shall not apply to any building, structure or use lawfully in existence at the effective date of this chapter, whether continued as a permitted or a nonconforming use, provided that the use is unchanged and is not enlarged.
(7)
On-street parking. The requirements of Subsection A(2) shall not be met by including on-street parking spaces in meeting the total number of required off-street parking spaces under Subsection A(2). On-street parking shall not be counted to satisfy the total number of off-street parking spaces required under this chapter. The Zoning Hearing Board, by grant of a variance, may permit on-street parking spaces to count towards the off-street parking requirements of Subsection A(2) if the applicant offers evidence demonstrating an excess of on-street parking during the peak demand and can legally meet the requirements for a variance.
[Amended 7-6-2004 by Ord. No. 662; 4-16-2012 by Ord. No. 763]
(8)
Reduction in parking demand. A reduction in the number of parking
spaces may be permitted where:
[Amended 4-16-2012 by Ord. No. 763]
(a)
A diminution in the number of dwelling units, gross leasable area or other relevant factor occurs. The remaining number of parking spaces shall conform to the standards contained in Subsection A(2).
(b)
A public parking facility is within a walking distance of 400
feet from a building entrance.
(c)
The applicant offers evidence of a shared parking agreement
meeting all of the following:
[1]
The shared parking is guaranteed by a legally binding agreement
in a form acceptable to the Borough. If requested by the Zoning Officer,
the applicant shall periodically provide evidence that the agreement
remains in effect If such agreement becomes legally ineffective, then
all parking shall be provided as would otherwise be required.
[2]
Calculate the minimum amount of parking required for each land
use as if it were a separate use. Determine peak parking requirements
by multiplying the minimum parking required for each proposed land
use by the corresponding percentage in the table below for each of
the six time periods. Calculate the column total of each of the six
time periods. The column (time period) with the highest value shall
be the minimum parking requirement.
|
Monday through Friday
|
Saturday and Sunday
| |||||
|---|---|---|---|---|---|---|
|
Use
|
8:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 12:00 Midnight
|
12:00 Midnight to 8:00 a.m.
|
8:00 a.m. to 6:00 p.m.
|
6:00 p.m. to 12:00 p.m.
|
12:00 Midnight to 8:00 a.m.
|
|
Residential
|
0.60
|
1.00
|
1.00
|
0.80
|
1.00
|
1.00
|
|
Office
|
1.00
|
0.10
|
0.05
|
0.05
|
0.05
|
0.05
|
|
Commercial
|
0.90
|
0.80
|
0.05
|
1.00
|
0.60
|
0.05
|
|
Hotel
|
0.70
|
1.00
|
1.00
|
0.70
|
1.00
|
1.00
|
|
Restaurant
|
0.70
|
1.00
|
0.10
|
0.70
|
1.00
|
0.20
|
|
Theater
|
0.40
|
0.80
|
0.10
|
0.80
|
1.00
|
0.10
|
|
Entertainment
|
0.40
|
1.00
|
0.10
|
0.80
|
1.00
|
0.50
|
|
Institutional
|
1.00
|
0.40
|
0.05
|
0.10
|
0.10
|
0.05
|
|
Religious institution
|
0.20
|
0.40
|
0.05
|
1.00
|
0.50
|
0.05
|
[3]
Reduced parking requirements for shared parking shall only continue
in effect as long as such uses or their closely similar successor
uses remain in operation and so long as the shared parking agreement
remains in effect. Should one or more uses change in a manner that
invalidates the calculations above, then all parking shall be provided
as would otherwise be required.
(d)
The lot includes the reservation, permanently or for a specified
period, of areas sufficient to otherwise meet the required number
of spaces if needed in the future.
[1]
Such reservation shall be provided in a legally binding agreement
in a form acceptable to the Borough.
[2]
The applicant shall submit site plans to the Zoning Officer
showing where and how the additional parking could be accomplished
in a manner integrated with provided parking and access. Such future
parking area shall not be covered by buildings and shall be attractively
landscaped unless and until needed for parking.
[3]
Such additional parking shall be provided within one year after
a written determination by the Zoning Officer that it is required
to meet actual demand.
(9)
Off-site parking. Up to 50% of the parking spaces required of a principal
use may be located on other off-street property than the lot containing
the principal use, provided that:
[Added 4-16-2012 by Ord. No. 763]
(a)
The parking is guaranteed by a legally binding agreement in
a form acceptable to the Borough. If requested by the Zoning Officer,
the applicant shall periodically provide evidence that the agreement
remains in effect. If such agreement becomes legally ineffective,
then all parking shall be provided as would otherwise be required.
(b)
For residential uses, the off-site parking facility shall be
within 100 feet of an entrance.
(c)
For nonresidential uses, the off-site parking facility shall
be within 300 feet of an entrance.
(d)
For designated employee parking, the off-site parking facility
shall be within 500 feet of an entrance.
B.
Required off-street truck loading spaces.
[Amended 4-16-2012 by Ord. No. 763]
(1)
Every
building or structure, lot or land hereafter put into use for business
or industrial purposes or for a hospital, and which has a total floor
area of 4,800 square feet or more, shall be provided with off-street
truck loading spaces in accordance with the following schedule:
|
Square Feet of Total Floor Area Devoted to Such Use
(square feet)
|
Required Number of Off-Street Truck Loading Spaces
| |
|---|---|---|
|
4,800 to 25,000
|
1
| |
|
25,001 to 40,000 in all districts
|
2
| |
|
40,001 to 100,000 in all districts
|
3
| |
|
Each additional 60,000 in all districts
|
1 additional
|
(2)
Size of individual truck loading space. An off-street truck loading
space shall have a minimum width of 12 feet, a minimum length of 53
feet, and minimum clear height of 14 feet including its access from
the street.
(3)
All truck loading spaces shall be designed so that maneuvering of
trucks to reach the loading dock shall not preempt the use of required
off-street parking space or intrude into the street right-of-way.
C.
Parking lot design standards.
(1)
All lighting fixtures used to illuminate parking areas shall be arranged
to prevent glare into adjoining properties.
(2)
The number of off-street parking spaces provided for an existing
use may not be reduced below the minimum standards of this chapter.
(3)
The required off-street parking spaces shall be located on the same
lot as the principal use served, except where otherwise noted in this
section.
[Amended 7-6-2004 by Ord. No. 662; 4-16-2012 by Ord. No. 763]
(4)
No parking area shall be designed so as to require vehicles to back
out of the area directly onto a street with a right-of-way width more
than 20 feet.
(5)
In parking lots for multifamily dwellings or single-family attached
dwellings, the parking lot design shall prevent through traffic between
parking areas. For multifamily dwellings, a maximum of two access
points shall be permitted per street fronted, excepting streets with
rights-of-way less than 20 feet wide. There shall be no limit as to
the maximum number of access points along streets with rights-of-way
less than 20 feet wide.
(6)
Except as noted in this section, all off-street parking areas shall
be graded and paved with a hard surface such as macadam or concrete.
Provisions satisfactory to the Borough shall be made with regard to
the management of stormwater runoff. Parking lots for six or fewer
cars where the average slope is 4% or less may be covered by PennDOT
Type 2A modified slag or modified stone.
(7)
Landscaping. All off-street parking areas, other than those for single-family
residences, which are not contained in a garage shall be landscaped
according to the following standards:
(a)
If the parking area abuts a residential lot, screening to prevent
the glare of headlights from shining on the residential lot shall
be provided.
(b)
One shade tree shall be planted within or adjacent to the parking
area for each 10 parking spaces provided.
(c)
The area between the parking area and a public street shall
be landscaped with evergreen shrubs and shall average at least one
planting for every four feet of frontage and with all plantings to
be at least three feet high at the time of installation. As an alternative
to landscaping, the area between the parking area and a public street
may be screened by a three-foot-tall decorative masonry wall with
brick or stone faces and include a cap of brick, bluestone or cast
stone.
[Amended 4-16-2012 by Ord. No. 763]
(8)
Parking lots shall provide spaces reserved for the handicapped in
accordance with relevant federal requirements and standards.
(9)
Parking areas serving home occupations, home offices and home professional offices in the R-1 and R-2 Districts shall not be located in the portion of the front yard, as defined in Article III, that is located directly between the principal building and the front yard line.
(10)
Driveways for parking lots shall be as follows:
[Amended 4-16-2012 by Ord. No. 763]
(11)
Interconnected parking lots:
[Added 4-16-2012 by Ord. No. 763]
(a)
Parking lots on abutting nonresidential lots shall be interconnected
by access driveways. Interconnections shall be logically placed and
easily identifiable to ensure convenient traffic flow.
(b)
Each nonresidential lot shall provide cross-access easements
for its parking lots and access driveways guaranteeing access to adjacent
lots. Cross-access easements shall be in a form acceptable to the
Borough.
(12)
Location of parking lots. Surface parking shall be located to
the rear of the principal building or to the side, but not between
a building and the street, except where otherwise permitted in this
chapter.
[Added 4-16-2012 by Ord. No. 763]
(13)
Aisle widths shall be no less than 12 feet wide for one-way
access and no less than 24 feet for two-way access.
[Added 4-16-2012 by Ord. No. 763]
(14)
Pedestrian protection. Wheel stops, curbing or planting strips
no less than three feet wide shall be provided to prevent vehicles
from extending over any sidewalk or designated pedestrian path.
[Added 4-16-2012 by Ord. No. 763]
(15)
Applicants shall make every effort to encourage principal use
employees to park in off-street parking facilities provided under
this section.
[Added 4-16-2012 by Ord. No. 763]
A.
Glare. No use shall produce glare by a strong dazzling light or reflections
of a strong dazzling light beyond its lot lines.
B.
Vibration. No use shall cause earth vibrations or concussions detectable
beyond its lot lines without the aid of instruments, with the exception
of that vibration produced as a result of construction activity.
C.
Electrical interference. No use shall cause electrical interference
with or disturbance of any equipment, other than that of the creator
of the interference or disturbance, at any point beyond its lot lines.
D.
Emergency preparedness. All uses shall prepare a preparedness, prevention
and countermeasure plan according to the regulations of the Department
of Environmental Protection.
E.
No use shall produce a risk to public health by the nature of its
operation due to, but not limited to, the potential for explosion,
fire, biologic hazard or the release of toxic substances.
A.
Applicability of sign regulations.
(1)
All signs which can be seen off the premises on which they are located, unless they are listed below under Subsection A(3), shall comply with any applicable provisions of this chapter, regardless of whether a permit is required or not. Signs which cannot be seen off the premises on which they are located need not comply and do not require a permit.
(2)
A zoning permit shall be required for all business identification
signs, advertising signs, temporary signs, portable signs, bulletin
boards and home occupation or professional office signs, which will
be seen off the premises on which they are located, before erection
or replacement. No permit shall be required for normal maintenance
of existing signs.
(3)
No permit shall be required for and the regulations of this section
shall not be applicable to the following types of situations:
(a)
Signs not exceeding two square feet in area and bearing only
property numbers, post office box numbers, names of occupants of premises
or other identification of premises not having commercial connotations.
(b)
No trespassing signs and other signs indicating the private
nature of a road, driveway or premises, which do not exceed two square
feet in area.
(c)
Flags and insignia of any government, except when displayed
in connection with commercial promotion.
(d)
Legal notices, identification, information or directional signs
erected or required by governmental bodies, official traffic signs
and signals, other state, county, school district or municipal government
signs.
(e)
Integral decorative or architectural features of buildings,
except letters, trademarks, moving parts or moving lights.
(f)
Signs, not exceeding six square feet in area and bearing no
advertising matter, which direct and guide traffic and parking on
private property.
(g)
Signs, not exceeding two square feet in area and bearing no
advertising matter, which give information on location of such things
as rest rooms, telephones, offices or the functional subdivision of
the premises.
B.
Prohibited signs. The following types of signs shall not be permitted
or erected in any district, notwithstanding any other provision of
this chapter:
(1)
Signs which make use of words such as "stop," "look," "one-way,"
"danger," "yield" or any similar words, phrases, symbols, lights or
characters, in such manner as to interfere with, mislead or confuse
traffic.
(2)
Signs with dynamic displays, except those allowed under Subsection I of this section.
[Added 4-16-2012 by Ord. No. 763]
(3)
Signs of which all or any part is in motion by any means, including
fluttering, rotating, revolving, flashing, twinkling or other moving
devices. Units which alternately display time and temperature shall
be permitted.
C.
Surface area limitations, number of signs and sign setbacks.
(1)
Surface area limitations. The maximum surface area for each type of sign for which a permit is required shall not exceed the Schedule of Sign Regulations set forth in Subsection C(4). The maximum surface area shall also be subject to the following standards:
(a)
The total area of any attached sign shall not exceed 20% of
the area of the building face (including window and door area cornices)
to which it is attached, up to the maximum surface area stipulated
for each district in the Schedule of Sign Regulations.
(b)
Permanent window signs shall be considered attached signs and
included in computation of the maximum surface area but shall nevertheless
not exceed 30% of the total window area on each street.
(2)
Number of signs. The maximum number of signs allowed for each type of sign for which a permit is required shall be subject to the Schedule of Sign Regulations in Subsection C(4). For purposes of determining the number of signs permitted, a sign shall be considered to be a single entity organized, related and composed to form a unit. Where the organization, relationship or composition of a number of elements is not readily discernible as a single sign, each element shall be considered to be a single sign.
(3)
Sign setbacks. Signs for which a permit is required are subject to the setback requirements set forth in the Schedule of Sign Regulations in Subsection C(4).
(4)
Schedule of Sign Regulations.
[Amended 4-16-2012 by Ord. No. 763]
|
KEY:
| |
|---|---|
|
* =
|
If freestanding
|
|
Z =
|
Per Subsection E of this section
|
|
N/A =
|
Not permitted
|
|
Uses
|
R-1 Residential
|
R-2 Residential
|
M Mixed
|
TC Town Center
|
SC Shopping Center
|
I Industrial
|
C Conservation
|
HC Highway Commercial
| ||
|---|---|---|---|---|---|---|---|---|---|---|
|
Business Identification
| ||||||||||
|
Attached
| ||||||||||
|
Surface area — maximum (square feet)
|
40
|
40
|
100
|
40
|
20
|
100
| ||||
|
Number/ property — maximum
|
1
|
1
|
2
|
1
|
1
|
2
| ||||
|
Street cartway setback (feet)
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
|
N/A
| ||
|
Freestanding
| ||||||||||
|
Surface area — maximum (square feet)
|
30
|
30
|
30
|
30
|
20
|
160
| ||||
|
Number/ property — maximum
|
1
|
1
|
1
|
1
|
1
|
1
| ||||
|
Street cartway setback (feet)
|
15
|
15
|
10
|
10
|
15
|
15
|
15
|
15
| ||
|
Advertising
| ||||||||||
|
Surface area — maximum (square feet)
|
300
|
300
| ||||||||
|
Number/ property — maximum
|
Z
|
Z
| ||||||||
|
Street cartway setback (feet)
|
30
|
30
| ||||||||
|
Temporary
| ||||||||||
|
Surface area — maximum (square feet)
|
6
|
6
|
32
|
32
|
32
|
32
|
32
|
32
| ||
|
Number/ property — maximum
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
| ||
|
Street cartway setback (feet)
|
15
|
15
|
10
|
10
|
15
|
15
|
15
|
15
| ||
|
Bulletin Board
| ||||||||||
|
Surface area — maximum (square feet)
|
20
|
20
|
20
|
20
|
20
| |||||
|
Number/ property — maximum
|
1
|
1
|
1
|
1
|
1
| |||||
|
Street cartway setback (feet)
|
10*
|
10
|
15
|
15*
|
15
| |||||
|
Home Occupation/Home Professional Office
| ||||||||||
|
Surface area — maximum (square feet)
|
3
|
3
|
3
|
3
|
3
|
3
|
3
|
3
| ||
|
Number/ property — maximum
|
1
|
1
|
1
|
1
|
1
|
1
|
1
| |||
|
Street cartway setback (feet)
|
10*
|
10*
|
10*
|
10
|
10
|
10*
|
10
| |||
|
Portable
| ||||||||||
|
Surface area — maximum (square feet)
|
20
|
20
|
20
|
20
|
20
| |||||
|
Number/ property — maximum
|
1
|
1
|
1
|
1
|
1
| |||||
|
Street cartway setback (feet)
|
15
|
15
|
15
|
15
|
15
| |||||
(5)
Surface area calculation. The size of any sign shall be completed
by multiplying its greatest height by its greatest length, exclusive
of supporting structures. In the case of signs that have no definable
edges, such as raised letters attached to a building facade, the sign
size shall be that area within a single continuous perimeter enclosing
the extreme limits of the actual message or copy area. In computing
the surface area of a multifaced sign, only one side shall be considered,
provided all faces are identical. If the interior angle formed by
the two faces of a double-face sign is greater than 45°, then
both sides of such sign shall be considered in calculating the sign
area. Structural members not bearing advertising matter or not in
the form of a symbol shall not be included in the computation of surface
areas.
D.
Sign placement, height, clearance, projections from walls and illumination.
(1)
Sign placement. Sign placement shall be subject to the following
requirements:
(a)
No sign shall be located or arranged that it interferes with
traffic through glare, through blocking of reasonable sight lines
for streets, sidewalks or driveways, through confusion with a traffic
control device (by reason of color, location, shape or other characteristics),
or through other means.
(b)
No sign shall be erected, attached or displayed within 25 feet of the point of the intersection of the street right-of-way lines at a street corner except for flat wall signs in accord with the provision of Subsection D(3) and (4). The requirements of § 450-18G, Corner clearances, shall apply to signs.
(2)
Sign height.
(a)
Freestanding signs shall not exceed 18 feet in height, except
in the Highway Commercial District. In the Highway Commercial District,
signs shall not exceed 36 feet in height.
(b)
No attached wall sign shall be erected upon the roof of a building
or extend above the height of the building, except in the Industrial,
Shopping Center and Highway Commercial Districts. In the Industrial
and Shopping Center Districts, attached signs may be erected upon
the roof of the building or extend above the height of the building,
if the sign is no higher than 18 feet from the average finished grade
of the building. In the Highway Commercial District, attached signs
may be erected upon the roof of the building or extend above the height
of the building if the sign is no higher than 36 feet from the average
finished grade of the building.
(c)
Bulletin board signs shall not exceed four feet in height.
[Added 4-16-2012 by Ord. No. 763]
(3)
Clearance. All wall signs which project more than 10 inches from
the building shall have a minimum of 10 feet of clear space between
the sign and the ground. This clear space shall not include any support
structures for the sign.
(4)
Projection from walls.
(5)
Illumination. All signs may be illuminated by shielded floodlights;
provided, however, that no red or green lights shall be permitted
within 75 feet of the point of intersection of the street right-of-way
lines at a street corner.
E.
Advertising signs. There shall be a minimum distance of 100 feet
between advertising signs. Advertising signs shall not be permitted
within 50 feet of any residential use, no matter in what district
they are located.
F.
Temporary signs. The following types of temporary signs shall be
permitted:
(1)
Temporary signs which advertise the prospective or completed sale
or rental of the premises upon which it is located are permitted,
provided that it shall be maintained and removed within 10 days after
the execution of a lease or an agreement of sale.
(2)
Temporary signs indicating the contractors, consultants, mechanics
and artisans performing work or services on the premises, provided
they shall be removed within 10 days after completion of the service
or work and not more than one sign shall be placed on each street
fronted by the site.
(3)
Temporary signs appertaining to campaigns, drives or events of civic,
philanthropic, educational or religious organizations, provided, that
they shall be removed within 10 days of the completion of the campaign,
drive or event. No such sign shall be posted earlier than three weeks
before the occurrence of the event to which it relates. A bond of
$50 must be posted with the Borough for each campaign, drive or event.
The bond is a surety that the signs will be taken down within the
time period specified in this section.[1]
[Amended 2-6-2006 by Ord. No. 668]
G.
Signs for specific uses. Signs for the following uses shall be permitted according to the listed standards. These signs shall be allowed in addition to those set forth in Subsection C.
(1)
In the case of shopping center, office building or similar structure with multiple commercial or business occupants on a lot held in single and separate ownership, the provisions of Subsection C(4) relating to the maximum number and maximum surface area of signs permitted on a property shall not apply. Instead, each such store, office or other business use on the property shall be permitted to have two flat wall signs. The surface area of each sign shall not exceed 25% of the surface area of the exposed exterior wall up to a maximum of 100 square feet. No more than two freestanding signs indicating the name of the shopping center, office building or similar group of stores, offices or other business uses shall be permitted in conformance with other applicable provisions of this chapter. Additionally, each such store, office or other business use on the property shall be permitted to have a business identification sign, not to exceed six square feet in area, located on the underside of walkway overhangs. All other provisions of this chapter shall apply.
[Amended 4-16-2012 by Ord. No. 763]
(2)
One sign may be erected to identify a major subdivision, land development
or apartment complex, providing that such sign is located at a main
entrance and has a maximum area of 50 square feet.
H.
Portable signs.
[Amended 4-16-2012 by Ord. No. 763]
(1)
Portable signs shall be permitted for use up to four times per year.
The cumulative length of time that a portable sign may be used shall
not exceed 45 days per calendar year.
(3)
Banners shall be permitted for use up to four times per year. The
cumulative length of time that banners may be used shall not exceed
45 days per calendar year.
(4)
Each time that a property owner wishes to use portable signs, pennants
or banners, he or she shall apply for a permit from the Zoning Officer.
The permit application shall specify the first and last day of display.
(5)
Sandwich
board signs shall be:
[Added 4-16-2012 by Ord. No. 763]
I.
Dynamic signs.
[Added 4-16-2012 by Ord. No. 763]
(1)
Dynamic signs shall be permitted only in the HC and SC Zones, as
follows:
(2)
Dynamic signs shall not be illuminated in excess of 0.5 footcandle
as measured at the property line.
(3)
Dynamic signs shall be equipped with automatic day/night dimming
software to reduce the illumination intensity from one hour after
sunset to one hour prior to sunrise.
(4)
Dynamic signs shall cease all illumination the earlier of 11:00 p.m.
or 30 minutes after business hours.
(5)
The time interval used to change from one complete message, image
or display to the next complete message, image or display shall be
a maximum of one second.
(6)
Dynamic sign messages, images or displays shall not change more than
once every 15 seconds.
(7)
Light level intensity and contrast shall remain constant throughout
the sign face.
A.
Use regulations.
(1)
Academic clinical research centers.
(b)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where an academic clinical research
center adjoins a residential use or district.
(2)
Medical marijuana grower/processor.
(a)
A medical marijuana grower/processor shall meet the same municipal
zoning and land use requirements as other manufacturing, processing
and production facilities that are located in the same district.
(b)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle or other motor vehicle.
(c)
A medical marijuana grower/processor shall meet the setback,
parking, landscaping, coverage, and building height requirements of
the applicable zoning district to determine the building envelope
and maximum allowable floor area.
(d)
The maximum floor area of a medical marijuana grower/processor
shall be limited to 20,000 square feet, of which sufficient space
must be set aside for secure storage of marijuana seeds, related finished
product, and marijuana-related materials used in production or for
required laboratory testing.
(e)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(f)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
(g)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(h)
Grower/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(i)
All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(k)
A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
(l)
Entrances and driveways to a medical marijuana grower/processor
must be designed to accommodate the anticipated vehicles used to service
the facility.
[1]
All accesses must secure the appropriate highway
occupancy permit from the Department of Transportation and/or Borough
of Hellertown.
(m)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
(3)
Medical marijuana transport vehicle service.
(a)
A traffic impact study is required where the office is operated.
(c)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(d)
A buffer planting is required where a medical marijuana transport
vehicle service adjoins a residential use or district.
(e)
Entrances and driveways to a medical marijuana transport vehicle
service must be designed to accommodate the anticipated vehicles used
to enter and exit the premises.
[1]
All accesses must secure the appropriate highway
occupancy permit from the Department of Transportation and/or the
Borough of Hellertown.
(f)
If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana transport vehicle service facility,
the facility must be secured to the same level as a medical marijuana
grower/producer and dispensary.
(g)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
(4)
Medical marijuana dispensary.
(a)
A medical marijuana dispensary shall meet the same municipal
zoning and land use requirements as other commercial facilities that
are located in the same district.
(b)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
(c)
A medical marijuana dispensary may only dispense medical marijuana
in an indoor, enclosed, permanent, and secure building and shall not
be located in a trailer, cargo container, mobile or modular unit,
mobile home, recreational vehicle or other motor vehicle.
(d)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(e)
Medical marijuana dispensaries shall have a single secure public
entrance and shall implement appropriate security measures to deter
and prevent the theft of marijuana and unauthorized entrance into
areas containing medical marijuana.
(f)
Permitted hours of operation of a dispensary shall be 8:00 a.m.
to 8:00 p.m. (of the same calendar day).
(g)
A medical marijuana dispensary shall meet the setback, parking,
landscaping, coverage and building height requirements of the applicable
zoning district to determine the building envelope and maximum allowable
floor area.
(h)
A medical marijuana dispensary shall be a maximum of 3,000 gross
square feet, of which no more than 500 square feet shall be used for
secure storage of product, and shall have an interior customer waiting
area equal to a minimum of 25% of the gross floor area.
(j)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(k)
A medical marijuana dispensary may not be located within 1,000
feet of the property line of a public, private or parochial school
or a day-care center. This distance shall be measured in a straight
line from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of the
municipality in which it is located.
(l)
A medical marijuana dispensary shall be a minimum distance of
1,000 feet from the next nearest medical marijuana facility. This
does not include complementing or supporting businesses covered by
different definitions. This distance shall be measured in a straight
line from the closest exterior walls of the buildings or portions
thereof in which the businesses are conducted or proposed to be conducted,
regardless of the municipality in which it is located. This separation
distance does not apply to the distance between the grower/processor
or academic clinical research centers and the specific dispensary
they serve, or with which they partner.
(m)
Any medical marijuana facility lawfully operating shall not
be rendered in violation of these provisions by the subsequent location
of a public, private or parochial school or a day-care center.
(n)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(p)
A buffer planting is required where a medical marijuana dispensary
adjoins a residential use or district.
(q)
Entrances and driveways to a medical marijuana dispensary must
be designed to accommodate the anticipated vehicles used to service
the facility.
[1]
All accesses must secure the appropriate highway
occupancy permit from the Department of Transportation and/or the
Borough of Hellertown.
(r)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed it should be from
within a secure environment.
(s)
In the event the Controlled Substance, Drug, Device and Cosmetic
Act relating to marijuana conflicts with a provision of Act 16, Pennsylvania
Act 16 is declared to take precedence.
B.
Administration and enforcement.
(1)
Building and zoning permits/approvals.
(a)
A zoning permit shall be required prior to obtaining a building
permit for the construction or erection of a building; the alteration
of a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
(b)
The Borough's zoning permit application must be completed.
(c)
Permit fees shall be as stipulated in the fee schedule adopted
by resolution of the municipal governing body in effect at the time
of application.
(d)
Permits may be denied if the applicant, in the reasonable opinion
of the Borough of Hellertown, is failing to comply with any state
or local law or regulation.
(f)
If the application is to change the use of a building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
(g)
A medical marijuana grower/processor must be legally registered
in the commonwealth and possess a current valid medical marijuana
permit from the DOH.
