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Borough of Hellertown, PA
Northampton County
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Table of Contents
Table of Contents
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
D. 
Height.
(1) 
Nothing herein contained shall restrict the height of a church spire, belfry or flagpole, none of which shall be in excess of 60 feet above grade. No structure shall:
(a) 
Have a lot coverage at the base in excess of 10% of the lot area.
(b) 
Be used for residency or tenancy purposes.
(c) 
Have any advertising or device inscribed upon or attached to such structure.
(2) 
No portion of the structure of a private garage or other accessory building shall exceed 20 feet in height.
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.
450 Clear Sight Tri.tif
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]
(5) 
Roofs.
(a) 
Roofs shall be in keeping with the character of adjacent buildings.
(b) 
Rooftop mechanical equipment shall be concealed by or integrated within the roof form or screened from view at ground level of nearby streets.
(6) 
Architectural rhythm.
(a) 
Infill development shall retain the architectural rhythm of building openings of the same block.
(b) 
Infill development shall maintain the horizontal rhythm of street facades of the same block by using similar alignment of windows, floor spacing, cornices, awnings and other elements.
(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]
(a) 
Located a minimum of 50 feet from street intersections, measured from the intersection of the street center lines.
(b) 
Located on a side street or alley whenever possible.
(c) 
No wider than 24 feet when crossing sidewalks.
(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]
D. 
Bank drive-in facilities:
[Added 3-6-2017 by Ord. No. 813]
(1) 
There shall be a stacking requirement minimum of three cars per lane.
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.
(a) 
Flat wall signs shall not project more than four feet from the building.
(b) 
Bulletin boards attached to a building wall shall not project more than 18 inches from the building.
(c) 
Home occupations or professional office signs shall not project more than 12 inches from the building.
(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]
[1]
Editor's Note: See also Ch. 349, Signs, Political.
(4) 
Signs for garage sales or yard sales shall comply with the provisions of Chapter 209, Garage and Yard Sales.
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.
(2) 
Pennants shall be permitted only as follows:
(a) 
In the HC District.
(b) 
For use up to four times per year for up to three days each time.
(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]
(a) 
Constructed of a durable materials and weighted or anchored for stability.
(b) 
Prohibited outside of business hours.
(c) 
Permitted along a sidewalk only with an encroachment permit unless a walking distance of five feet is maintained to allow a clear pathway for pedestrians.
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:
(a) 
On lots that front an interstate highway or arterial road.
(b) 
In excess of 100 feet from a residential district.
(c) 
In place of two business identifications signs otherwise permitted by this chapter.
(d) 
At 80% of the surface area of the otherwise permitted sign type.
(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.
(a) 
Parking requirements will follow the parking schedule found in Article V, § 450-20, off-street parking regulations, and/or as listed for a research facility.
(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.
(j) 
Parking requirements will follow the parking schedule found in Article V, § 450-20, for warehouse and wholesale off-street parking regulations.
(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.
[2] 
The clear sight triangle found in Article V, § 480-18, must be considered and maintained.
[3] 
The driveway must be designed and improved to the standards expressly described in Article V, § 390-21, of the Subdivision and Land Development Ordinance.
(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.
(b) 
Parking requirements will follow the parking schedule found in Article V, § 450-20, off-street parking regulations for motorized vehicle services.
(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.
[2] 
The clear sight triangle found in Article V, § 480-18, must be considered and maintained.
[3] 
The driveway must be designed and improved to the standards expressly described in Article V, § 390-21, of the Subdivision and Land Development Ordinance.
(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.
(i) 
A medical marijuana dispensary shall:
[1] 
Not have a drive-through service;
[2] 
Not have outdoor seating areas;
[3] 
Not have outdoor vending machines;
[4] 
Prohibit the administering of, or the consumption of, medical marijuana on the premises; and
[5] 
Not offer direct or home delivery service.
(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.
(o) 
Parking requirements will follow the parking schedule found in Article V, § 450-20, off-street parking regulations, as listed for medical offices.
(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.
[2] 
The clear sight triangle found in Article V, § 480-18, must be considered and maintained.
[3] 
The driveway must be designed and improved to the standards expressly described in Article V, § 390-21, of the Subdivision and Land Development Ordinance.
(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.
(e) 
In the case of new construction meeting the Pennsylvania MPC definition "land development,"[1] plan application is required to be submitted and an approval secured, prior to establishment of the use.
[1]
Editor's Note: See 53 P.S. 10107.
(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.