A.
The purpose and
objective of the special overlay districts is to implement the goals,
objectives and policies of the Muhlenberg Township Comprehensive Plan
which pertain to land use planning and economic development. In order
to strategically implement these goals, objectives and policies, the
following special overlay districts are hereby established:
|
Adaptive Reuse and Redevelopment Overlay District
|
|
Airport Overlay District
|
|
Business Route 222 Overlay District
|
|
Bypass Interchange District
|
B.
The special overlay
districts incorporated under this article include provisions to supplement
and enhance the existing underlying district regulations for certain
land areas and zoning districts. These supplemental regulations should
not replace the existing underlying zoning district regulations. In
cases where the special overlay districts should overlap, the more
restrictive standards shall apply.
C.
The land and
water areas encompassed by the special overlay districts shall be
subject to the interpretation of the Zoning Officer or by a qualified
professional, as designated by the Board of Commissioners.
D.
Should a dispute
arise concerning the interpretation of the boundaries or limits of
those land or water areas encompassed by the special overlay districts,
the person aggrieved by the interpretation may file an appeal with
the Zoning Hearing Board. In all cases, the burden of proof and submission
of technical evidence shall be the responsibility of the person appealing
the interpretation of the Zoning Officer or other qualified professional,
as designated by the Board of Commissioners.
A.
The Adaptive
Reuse and Redevelopment Overlay District shall be a special overlay
to the underlying Village (C-1) Zoning District, Shopping Center (C-2)
Zoning District, Highway Commercial (C-3) Zoning District, Limited
Industrial (I-1) Zoning District and the Heavy Industrial (I-2) Zoning
District. The objectives of this special overlay district are outlined
as follows:
(1)
To permit
the planned reuse, division and/or redevelopment of existing buildings,
structures and land areas within the C-1, C-2, C-3, I-1 and I-2 Zoning
Districts, subject to specific design criteria and procedural requirements.
(2)
To retain
and expand existing businesses in order to preserve a sound tax base
and provide employment opportunities.
(3)
To provide
incentives to occupy vacant commercial and industrial land uses.
(4)
To pursue
economic development targets that will build upon the existing commercial
and industrial base.
(5)
To maintain
a positive relationship with the local business community.
(6)
To implement
the recommendations concerning land use planning and economic development,
as outlined within the Muhlenberg Township Comprehensive Plan.
B.
The provisions
for adaptive reuse and redevelopment, as specified under this section
of the chapter, shall apply to all permitted uses and land areas within
the C-1, C-2, C-3, I-1 and I-2 Zoning Districts.
C.
Land uses permitted
within the Adaptive Reuse and Redevelopment Overlay District, subject
to the criteria established in this section of the chapter:
(1)
The land
uses permitted by right, conditional use and/or special exception
in the underlying C-1 Zoning District shall be permitted by conditional
use as part of the Adaptive Reuse and Redevelopment Overlay District,
provided that the uses are located within the C-1 Zoning District.
As part of the conditional use application, the Board of Commissioners
may consider a combination of nonresidential uses within the existing
buildings on the property, provided that such combination of nonresidential
uses are generally compatible with the existing land use characteristics
of other properties within 500 feet of the property being considered
for adaptive reuse.
(2)
The land
uses permitted by right, conditional use and/or special exception
in the underlying C-2 and C-3 Zoning Districts shall be permitted
by conditional use as part of the Adaptive Reuse and Redevelopment
Overlay District, provided that the uses are located within the C-2
or C-3 Zoning District. As part of the conditional use application,
the Board of Commissioners may consider a combination of nonresidential
uses on the property or within the existing buildings on the property,
provided that such combination of nonresidential uses is generally
compatible with the existing land use characteristics of other properties
within 500 feet of the property being considered for adaptive reuse.
(3)
The land
uses permitted by right, conditional use and/or special exception
in the underlying I-1 and I-2 Zoning Districts shall be permitted
by conditional use as part of the Adaptive Reuse and Redevelopment
Overlay District, provided that the uses are located within the I-1
or I-2 Zoning District. As part of the conditional use application,
the Board of Commissioners may consider a combination of nonresidential
uses on the property or within the existing buildings on the property,
provided that such combination of nonresidential uses is generally
compatible with the existing land use characteristics of other properties
within 500 feet of the property being considered for adaptive reuse.
D.
The minimum or
maximum area, yard, height and coverage requirements shall not apply
to any proposed use, provided that it is located within an existing
building or structure, which is located within the C-1, C-2, C-3,
I-1 and I-2 Zoning Districts.
E.
All proposed
facility expansion projects, external structural development projects
and/or land development projects must comply with the following criteria:
(1)
For nonresidential
properties that are located adjacent to commercial or industrial zoning
districts, the minimum or maximum area, yard and height requirements
of the underlying C-1, C-2, C-3, I-1 and I-2 Zoning Districts may
not apply to the proposed use or uses involving adaptive reuse and
redevelopment. All such modifications to the dimensional requirements
of the C-1, C-2, C-3, I-1 and I-2 Zoning Districts shall be subject
to the approval of the Muhlenberg Township Board of Commissioners
as part of a conditional use application.
(2)
For nonresidential properties that are adjoining to a residential zoning district or municipal boundaries, the minimum or maximum area, yard and height requirements shall be subject to the requirements of the underlying C-1, C-2, C-3, I-1 or I-2 Zoning District. For the purpose of this § 355-37, the term "adjoining" shall be considered as the state of land or water areas next to each other and not physically separated by a road classified as a collector, arterial or expressway, or by an active railroad line.
(3)
Unless otherwise
permitted as part of a conditional use application, all proposed expansion
projects must comply with the maximum building and lot coverage requirements
of the underlying C-1, C-2, C-3, I-1 or I-2 Zoning District. As part
of the conditional use application, the Board of Commissioners may
consider an increase in the maximum building and lot coverage requirements,
provided that the applicant demonstrates the following: that there
will be no adverse effects to adjacent property owners; that the stormwater
management and erosion control facilities are sufficient to accommodate
any increase in impervious surfaces; and that additional landscaping
features are integrated into the overall design.
(4)
The design and dimensional provisions pertaining to landscaping, buffer yards, exterior lighting, internal access drives, off-street parking, off-street loading, and stormwater management, as further specified under this Chapter 355 of the Muhlenberg Township Code, may be modified as part of a conditional use application submitted to Muhlenberg Township. As part of the conditional use application, the applicant must demonstrate the following: that there will be no adverse effects to adjacent property owners; that the standard design and dimensional provisions cannot be applied based upon the existing site conditions; and that the proposal is consistent with the goals and objectives for adaptive reuse and redevelopment. The Board of Commissioners may attach reasonable conditions and safeguards.
F.
The provisions
for adaptive reuse and redevelopment may be applied to the total land
area owned by the applicant or to a part of the total land area owned
by the applicant. Subdivision and land development activity may be
permitted, provided that such applications comply with the applicable
provisions established by Muhlenberg Township. Alternative methods
for subdivision and land development may be permitted as part of a
conditional use application, which shall be subject to the review
and approval of the Muhlenberg Township Board of Commissioners. All
such conditional use applications shall only be considered if they
are consistent with the goals and objectives for adaptive reuse and
redevelopment.
G.
All projects considering adaptive reuse which involve the division of the internal building or structural space of an existing building shall be subject to all pertinent requirements for subdivision and land development, as specified under Chapter 310, Subdivision and Land Development, of the Muhlenberg Township Code. The perimeter of all divided areas or subcomponents of the principal building shall be described by bearings and distances. All such applications may be permitted as part of a conditional use application, which shall be subject to the review and approval of the Muhlenberg Township Board of Commissioners. All such conditional use applications shall only be considered if they are consistent with the goals and objectives for adaptive reuse and redevelopment.
H.
The divided or
subcomponents of an existing principal building may be either owned
by fee-simple deed or leased as an industrial condominium. All deeds
or lease agreements shall contain a description of the occupied land
area, by bearing and distances, the existing and proposed facility
improvements, a maintenance agreement, a list of restrictive covenants,
and all other relevant documentation required by the Muhlenberg Township
Solicitor and Engineer. The deed or lease agreement shall be subject
to the approval of the Muhlenberg Township Board of Commissioners
and shall be recorded with the Berks County Recorder of Deeds.
I.
As part of the
subdivision and land development plan, the applicant shall prepare
and submit an environmental impact assessment (EIA) report to Muhlenberg
Township. The EIA report shall contain text, tables, floor plans,
maps and analyses, which document the probable environmental impact
resulting from the previous use to the new use, and the mitigation
proposed to offset any environmental impacts or hazards.
J.
As part of the
subdivision and land development plan, the applicant shall prepare
and submit a traffic impact study to Muhlenberg Township. The traffic
impact study shall contain text, tables, maps, analyses and recommendations,
which document the probable traffic impacts resulting from the previous
use to the new use. This requirement may be waived if the applicant
provides supporting documentation to indicate that the proposed use
will not create additional traffic problems on all streets within
3,000 feet of the existing building or as directed by the Muhlenberg
Township Engineer.
L.
All individual
uses considering adaptive reuse shall be required to have separate
sanitary sewer connections, water supply connections, and all other
utilities servicing the property. All utility connections shall be
installed in accordance with all specifications adopted by Muhlenberg
Township and the public utility company providing service to the use.
M.
All uses shall
be planned and designed to minimize and reduce light, noise and air
emissions onto adjacent properties. Where feasible, buffer yards and
landscaping enhancements should be established around the perimeter
of the property.
N.
All uses shall
comply with the minimum building code requirements, as specified by
Muhlenberg Township and by the Pennsylvania Department of Labor and
Industry. Prior to the issuance of a use and occupancy permit for
the proposed use, the applicant shall provide evidence to Muhlenberg
Township that all plans and permits have been approved by all pertinent
local, state and federal agencies.
A.
This section
is adopted pursuant to the authority conferred by the Airport Zoning
Act and the Pennsylvania Municipalities Planning Code.[1] It is hereby found that an obstruction has the potential
for endangering the lives and property of users of the Reading Regional
Airport and property or occupants of land in its vicinity, that an
obstruction may affect existing and future instrument approach minimums
of the Reading Regional Airport and that an obstruction may reduce
the size of areas available for the landing, takeoff and maneuvering
of aircraft, thus tending to destroy or impair the utility of the
Reading Regional Airport. Accordingly, it is declared that:
(1)
Creation
of an obstruction has the potential of being a public nuisance.
(2)
It is necessary
in the interest of the public health, safety and general welfare that
the establishment of obstructions that are a hazard to air navigation
be prevented.
(3)
The prevention
of these obstructions should be accomplished, to the extent legally
possible, by the exercise of the police power without compensation.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911
and 53 P.S. § 10101 et seq., respectively.
B.
AIRPORT
AIRPORT ELEVATION
APPROACH SURFACE
CONICAL SURFACE
HAZARD TO AIR NAVIGATION
HORIZONTAL SURFACE
LARGER THAN UTILITY RUNWAY
NON-PRECISION-INSTRUMENT RUNWAY
OBSTRUCTION
PRECISION-INSTRUMENT RUNWAY
PRIMARY SURFACE
RUNWAY
TRANSITIONAL SURFACE
UTILITY RUNWAY
VISUAL RUNWAY
Certain words and phrases utilized under this § 355-38, as defined in the Aviation Code, shall have the meanings set forth therein. These words and phrases are defined as follows:
The Reading Regional Airport, located within Bern Township,
Berks County, Pennsylvania.
Three hundred forty-four feet above mean sea level.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation established within § 355-38 (Airport Overlay District). The perimeter of the approach surface coincides with the perimeter of the approach zone.
A surface extending outward and upward from the periphery
of the horizontal surface at a slope of 20 to one for a horizontal
distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of navigable airspace.
A horizontal plane 150 feet above the established airport
elevation, the perimeter of which plane coincides with the perimeter
of the horizontal zone.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of greater than 12,500 pounds maximum
gross weight and jet-powered aircraft.
A runway having an existing instrument and approach procedure
utilizing air navigational facilities with only horizontal guidance
or area-type navigational equipment for which a straight-in non-precision
approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile
object, which exceeds a limiting height set forth in the Muhlenberg
Township Code.
A runway having an existing instrument approach procedure
utilizing an instrument landing system (ILS) or a precision approach
radar (PAR). This shall also be construed as a runway for which a
precision approach system is planned and is so indicated on an approved
airport layout plan or other planning document.
A surface longitudinally centered on a runway. When the runway
has a specially prepared hard surface the primary surface extends
200 feet beyond each end of the runway. The width of the primary surface
is set forth in this section of the Muhlenberg Township Code. The
elevation of any point of the primary surface is the same as the elevation
of the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff
of aircraft along its length.
Surfaces extending outward at ninety-degree angles to the
runway center line and the runway center line extended at a slope
of seven feet horizontally for each foot vertically from the sides
of the primary and approach surfaces to where they intersect the horizontal
and conical surfaces. Transitional surfaces for those portions of
the precision approach surfaces, which project through and beyond
the limits of the conical surface extend to a distance of 5,000 feet,
as measured horizontally from the edge of the approach surface and
at ninety-degree angles to the extended runway center line.
A runway that is constructed for and intended to be used
by propeller-driven aircraft of 12,500 pounds maximum gross weight
and less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
C.
In order to carry
out the provisions of the Airport Overlay District, certain zones
have been created and established which include all of the land lying
beneath the approach surfaces, transitional surfaces, horizontal surfaces
and conical surfaces as they apply to Reading Regional Airport. All
such zones are shown on the Airport Zoning Map, consisting of one
sheet, prepared by G. Edwin Pidcock Company, as dated March of 1981,
which is considered as part of the Muhlenberg Township Code. An area
located in more than one of the following zones is considered to be
only in the zone with the more restrictive height limitations. The
following zones are hereby established and defined with their respective
height limitations:
(1)
Utility runway
visual approach zone: The inner edge of this approach zone coincides
with the width of the primary surface and is 250 feet wide. The approach
zone expands outward uniformly to a width of 1,250 feet at a horizontal
distance of 5,000 feet from the primary surface. Its center line is
the continuation of the center line of the runway. The height limitations
are defined as follows: slopes 20 feet outward for each foot upward
beginning at the end of and at the same elevation as the primary surface
and extending to a horizontal distance of 5,000 feet along the extended
runway center line.
(2)
Runway larger
than utility visual approach zone: The inner edge of this approach
zone coincides with the width of the primary surface and is 500 feet
wide. The approach zone expands outward uniformly to a width of 1,500
feet at a horizontal distance of 5,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
The height limitations are defined as follows: slopes 20 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 5,000
feet along the extended runway center line.
(3)
Runway larger
than utility with a visibility minimum greater than 3/4 mile non-precision-instrument
approach zone: The inner edge of this approach zone coincides with
the width of the primary surface and is 500 feet wide. The widths
of the inner edge of the approach zone and the primary surface, however,
will be for the most precise approach existing or planned for either
end of the runway. The approach zone expands outward uniformly to
a width of 3,500 feet at a horizontal distance of 10,000 feet from
the primary surface. Its center line is the continuation of the center
line of the runway. The height limitations are defined as follows:
slopes 34 feet outward for each foot upward beginning at the end of
and at the same elevation as the primary surface and extending to
a horizontal distance of 10,000 feet along the extended runway center
line.
(4)
Precision-instrument
runway approach zone: The inner edge of this approach zone coincides
with the width of the primary surface and is 1,000 feet wide. The
approach zone expands outward uniformly to a width of 16,000 feet
at a horizontal distance of 50,000 feet from the primary surface.
Its center line is the continuation of the center line of the runway.
The height limitations are defined as follows: slopes 50 feet outward
for each foot upward beginning at the end of and at the same elevation
as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway center line; thence, slopes upward
40 feet horizontally for each foot vertically to an additional horizontal
distance of 40,000 feet along the extended runway center line.
(5)
Transitional
zones: The traditional zones are the areas beneath the transitional
surfaces. The height limitations are defined as follows: slopes seven
feet outward for each foot upward beginning at the sides of and at
the same elevation as the primary surface and the approach surface
and extending to a height of 150 feet above the airport elevation,
which is 344 feet above mean sea level. In addition to the foregoing,
there are established height limits sloping seven feet outward for
each foot upward beginning at the sides of and at the same elevation
as the approach surface and extending to where they intersect the
conical surface. Where the precision-instrument runway approach zone
projects beyond the conical zone, there are established height limits
sloping seven feet outward for each foot upward beginning at the sides
of and at the same elevation as the approach surface and extending
to where they intersect the conical surface. Where the precision-instrument
runway approach zone projects beyond the conical zone, there are established
height limits sloping seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the approach surface
and extending a horizontal distance of 5,000 feet measured at ninety-degree
angles to the extended runway center line.
(6)
Horizontal
zone: The horizontal zone is established by swinging arcs of 5,000
feet radii for all runways designated utility or visual and 10,000
feet for all others from the center of each end of the primary surface
of each runway and connecting the adjacent arcs by drawing lines tangent
to those arcs. The horizontal zone does not include the approach and
transitional zones. The height limitations are defined as follows:
established at 150 feet above the airport elevation or at a height
of 494 feet above mean sea level.
(7)
Conical zone:
The conical zone is established as the area that commences at the
periphery of the horizontal zone and extends outward therefrom a horizontal
distance of 4,000 feet. The height limitations are defined as follows:
slopes 20 feet outward for each foot upward beginning at the periphery
of the horizontal zone and at 150 feet above the airport elevation
and extending to a height of 350 feet above the airport elevation.
D.
Except as otherwise
provided in this section of the chapter, no structure shall be erected,
altered or maintained and no tree shall be allowed to grow in any
zone created by this section of the chapter to a height in excess
of the applicable height established for each zone. Nothing in this
section of the chapter shall be construed as prohibiting the construction
or maintenance of any structure or growth of any tree to a height
up to 35 feet above the surface of the land.
E.
Notwithstanding
any other provisions of this section of the chapter, no use may be
made of land or water within any zone established by this section
of the chapter in such a manner as to create electrical interference
with navigational signals or radio communication between the airport
and aircraft; make it difficult for pilots to distinguish between
airport lights and others; result in glare in the eyes of pilots using
the airport; impair visibility in the vicinity of the airport; create
bird strike hazards or otherwise in any way endanger or interfere
with the landing, takeoff or maneuvering of aircraft intending to
use the airport.
F.
The following
provisions shall apply to nonconforming uses, which apply to uses
within the Airport Overlay District:
(1)
The regulations
prescribed in this section of the chapter shall not be construed to
require the removal, lowering or other change or alteration of any
structure or tree not conforming to the regulations as of the effective
date of this section of the chapter, or otherwise interfere with the
continuance of a nonconforming use. Nothing contained herein shall
require any change in the construction, alteration or intended use
of any structure, the construction or alteration of which was begun
prior to the effective date of this chapter of the Code and is diligently
prosecuted.
(2)
Notwithstanding
the preceding provision of this section, the owner of any existing
nonconforming structure or tree is hereby required to permit the installation,
operation and maintenance thereon of such markers and lights as shall
be deemed necessary by the airport to indicate to the operators of
aircraft in the vicinity of the airport the presence of such airport
obstruction. Such markers and lights shall be installed, operated
and maintained at the expense of the owner.
G.
Except as specifically provided in Subsection G(1), (2) and (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section of the chapter shall be granted unless a variance has been approved in accordance with procedures specified under this section of the chapter.
(1)
In the area
lying within the limits of the horizontal zone and conical zone, no
permit shall be required for any tree or structure less than 75 feet
in vertical height above the ground, except when, because of terrain,
land contour or topographic features, such tree or structure would
extend above the height limits prescribed for such zones.
(2)
In areas
lying within the limits of the approach zones but at a horizontal
distance of not less than 4,200 feet from each end of the runway,
no permit shall be required for any tree or structure less than 75
feet in vertical height above the ground, except when such tree or
structure would extend above the height limits prescribed for such
approach zones.
(3)
In the areas
lying within the limits of the transitional zones beyond the perimeter
of the horizontal zone, no permit shall be required for any tree or
structure less than 75 feet in vertical height above the ground, except
when such tree or structure, because of terrain, land contour or topographic
features, would extend above the height limit prescribed for such
transitional zones.
(4)
Unless otherwise
specified, nothing contained in any of the foregoing exceptions shall
be construed as permitting or intending to permit any construction
or alteration of any structure or growth of any tree in excess of
any of the height limits established by this section of the chapter.
H.
No permit shall
be granted that would allow the establishment or creation of an obstruction
or permit a nonconforming use, structure or tree to become a greater
hazard to air navigation than it was on the effective date of this
chapter of the Code or any amendments thereto or than it is when the
application for a permit is made. Unless otherwise indicated, all
applications for such a permit shall be granted.
I.
Whenever the
Zoning Officer determines that a nonconforming tree or structure has
been abandoned or more than 80% torn down, physically deteriorated
or decayed, no permit shall be granted that would allow such structure
or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
J.
Any person desiring
to erect or increase the height of any structure or permit the growth
of any tree or use property not in accordance with the regulations
prescribed in this section of the chapter may apply to the Zoning
Hearing Board for a variance from such regulations. The application
for variance shall be accompanied by a determination from the Federal
Aviation Administration as to the effect of the proposal on the operation
of air navigation facilities and the safe, efficient use of navigable
airspace. Such variances shall be allowed where it is duly found that
a literal application or enforcement of the regulations will result
in practical difficulty or unnecessary hardship and that relief granted
will not be contrary to the public interest, will not create a hazard
to air navigation, will do substantial justice and will be in accordance
with the spirit of this section of the chapter. Additionally, no application
for variance from the requirements of this section of the chapter
may be considered by the Zoning Hearing Board unless a copy of the
application has been furnished to the Reading Regional Airport for
advice as to the aeronautical effects of the variance. If the Reading
Regional Airport does not respond to the application within 15 days
after receipt, the Zoning Hearing Board may act on its own to grant
or deny said application. Any variance granted may be made subject
to any reasonable conditions that the Board may deem necessary to
effectuate the purposes of this section of the chapter.
K.
Any permit or
variance granted may, if such action is deemed advisable to effectuate
the purpose of this section of the chapter and reasonable in the circumstances,
be so conditioned as to require the owner of the structure or tree
in question to install, operate and maintain, at the owner's expense,
such markings and lights as may be necessary.
L.
It shall be the
duty of the Zoning Officer to administer and enforce the regulations
prescribed herein. Applications for permits and variances shall be
made to the Zoning Officer upon a form published for that purpose.
Applications required by this section of the chapter to be submitted
to the Zoning Officer shall be promptly considered and granted or
denied. Application for action by the Zoning Hearing Board shall be
forthwith transmitted by the Zoning Officer. In addition to other
available remedies, the municipality may institute in any court of
competent jurisdiction an action to prevent, restrain, correct or
abate any violation of this section of the chapter or of any order
or ruling made in connection with its administration or enforcement.
M.
In order to enforce
the provisions within this section of the chapter, the Zoning Hearing
Board shall have and exercise the following powers:
(1)
To hear and
decide appeals from any order, requirement, decision or determination
made by the Zoning Officer in the enforcement of this section of the
chapter.
(2)
To hear and
decide special exceptions to the terms of this section of the chapter
upon which such Zoning Hearing Board under such regulations may be
required to pass.
(3)
To hear and
decide applications for variances.
N.
Any person, landowner or taxpayer aggrieved or affected by any decision of the Zoning Officer made in the administration of this section of the chapter may appeal to the Zoning Hearing Board following the guidelines for procedures, hearings and appeals found in §§ 355-138 through 355-141 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
O.
Where there exists
a conflict between any of the regulations or limitations prescribed
in this section of the chapter and any other regulations applicable
to the same area, whether the conflict be with respect to the height
of structures or trees and the use of land or any other matter, the
more stringent limitation or requirement shall govern and prevail.
A.
The Business
Route 222 Overlay District shall be a special overlay to the underlying
zoning district within Muhlenberg Township. The objectives of this
special overlay district are outlined as follows:
(1)
To improve
the aesthetics, architectural appearance, commercial centers, and
streetscape design along both sides of Business Route 222 (also known
as the 5th Street Highway).
(2)
To consider
streetscape improvements and enhancement measures, such as street
trees, streetlights, curbing, sidewalks, pedestrian crosswalks, controlled
signage, traffic-calming measures, drainage improvements and gateway
planning.
(3)
To improve
the overall integrity of the commercial land uses along Business Route
222.
(4)
To retain
and expand existing businesses to preserve a sound tax base and provide
employment opportunities.
(5)
To maintain
a positive relationship with the local business community.
(6)
To implement
the recommendations concerning land use planning and economic development,
as outlined within the Muhlenberg Township Comprehensive Plan.
B.
The Business
Route 222 Overlay District shall be defined as all land areas along
both sides of Business Route 222, extending 300 feet outward from
the street center line, from the City of Reading to Ontelaunee Township.
The limits of the Business Route 222 Overlay District shall be determined
by the Muhlenberg Township Zoning Officer.
C.
All land uses permitted within the underlying zoning districts, as specified within Article IV of this chapter, shall be permitted within the Business Route 222 Overlay District.
D.
As part of all
future subdivision and land development applications, the applicant
shall consider the following design requirements and site improvements:
(1)
Sidewalks. Where feasible, the installation of sidewalks should be considered along both sides of Business Route 222 to accommodate pedestrian movements. All proposed sidewalks should be five feet in width and constructed in accordance with the provisions and specifications established under Chapter 310, Subdivision and Land Development, of this Code and with the Americans with Disabilities Act .
(2)
Crosswalks.
Where feasible, crosswalks should be considered to integrate the sidewalk
system and to accommodate pedestrian movements. All crosswalks shall
be at least six feet in width and provide for safe movements across
Business Route 222 at the street intersections which are controlled
by traffic signal. All such crosswalks shall be approved by the Pennsylvania
Department of Transportation.
(3)
Curbs. Where feasible, curbs shall be placed along both sides of Business Route 222 in accordance with the provisions of Chapter 310, Subdivision and Land Development, of the Code and/or as required by the Pennsylvania Department of Transportation. New curb cuts shall be minimized to reduce traffic conflicts and congestion along Business Route 222. Where possible, shared access drives shall be utilized to minimize curb cuts.
(4)
Street trees and landscaping. Where feasible, street trees and aesthetic landscaping should be incorporated into the design of the subdivision or land development plan. All street trees shall be located at least 10 feet from the ultimate right-of-way line and outside of the clear sight triangle for all intersections. The selected street trees and landscaping materials shall comply with the provisions of § 355-102 of the chapter.
(5)
Streetlights.
Where feasible, streetlights should be considered and strategically
located at consistent intervals. All streetlights shall have a diffused
light source at the luminaries so as to avoid glare. Any parking lot
lights which interfere with the location of the required sidewalk
system shall be relocated. The size, type and location of the streetlights
shall be subject to the approval of Muhlenberg Township.
(6)
Signs. The total number and size of all signs along Business Route 222 should be limited to the basic needs of the use. All proposed signs shall comply with the provisions of Article XI of this chapter.
(7)
Off-street
parking and loading. Where feasible, the off-street parking spaces
and loading spaces for all uses should be located along the sides
or rear of the principal building. Whenever the off-street parking
spaces interfere with the location of the sidewalk system, such off-street
parking shall be relocated.
(8)
Guide rail.
Where required by Muhlenberg Township or by the Pennsylvania Department
of Transportation, guide rail shall be installed and constructed from
pressure-treated wood, galvanized steel or an approved equal.
(9)
Fencing.
Unless otherwise permitted for safety or security purposes, all proposed
fencing within the front yard shall not exceed 36 inches in height.
(10)
Street
furniture. Where feasible, bus shelters, benches, clocks and waste
receptacles should be considered. The type and location of the proposed
street furniture shall be subject to the approval of the Board of
Commissioners.
(11)
Utilities.
Unless otherwise directed by the utility company providing service,
all proposed utilities shall be installed underground.
(12)
Dumpsters.
Unless otherwise approved by Muhlenberg Township, all dumpsters shall
be located in the rear yard within an enclosed wooden fence with a
lockable gate.
(13)
Outdoor
storage and displays. Unless otherwise permitted by Muhlenberg Township,
the storage and sale of all materials or merchandise shall be within
the principal building of the property. Sidewalk sales shall be limited
to four events per calendar year, with no more than five days per
event.
(14)
Abandoned
vehicles. No abandoned vehicles shall be permitted on any off-street
parking area for a period of 10 consecutive days or 20 cumulative
days within a calendar year.
E.
The design requirements and site improvements listed under § 355-39D of the chapter are intended to provide direction to all applicants seeking subdivision and land development plan approval. Where feasible, these design requirements and site improvements shall be applied to the subdivision and land development plan. If certain design requirements and site improvements are determined to be unwarranted, based upon the existing site conditions and not for financial reasons, the Board of Commissioners have the right but not the obligation to omit the provision or consider alternative options relative to the design and improvement of the lot or parcel.
F.
The provisions
of the Business Route 222 Overlay District shall be subject to the
interpretation of the Zoning Officer or by a qualified professional,
as designated by the Board of Commissioners. Should a dispute arise
concerning the interpretation of these provisions, the person aggrieved
by the interpretation may file an appeal with the Zoning Hearing Board.
In all cases, the burden of proof and submission of technical evidence
shall be the responsibility of the person appealing the interpretation
of the Zoning Officer or other qualified professional, as designated
by the Board of Commissioners.
A.
The Bypass Interchange
Overlay District shall be a special overlay to the underlying zoning
district within Muhlenberg Township. The objectives of this special
overlay district are outlined as follows:
(1)
To provide
incentive-minded parameters to attract or expand desirable land uses,
including office and business parks; hospitals and medical campuses;
hotel complex and conference centers; restaurants; medical research
and laboratory centers; industrial parks; higher learning institutions;
and technology centers.
(2)
To establish
enterprise zones that will provide economic benefits to the tax base
while creating employment opportunities.
(3)
To make the
most efficient use of the land areas near the existing interchanges.
(4)
To maintain
a positive relationship with the local business community.
(5)
To implement
the recommendations concerning land use planning and economic development,
as outlined within the Muhlenberg Township Comprehensive Plan.
B.
The Bypass Interchange
Overlay District shall be defined as all land areas in Muhlenberg
Township within a concentric zone, as measured by a four-thousand-foot
radius extending outward from the middle of the following interchanges:
the interchange at Route 12 with Spring Valley Road and Hampden Boulevard;
the interchange of Route 12 with Business Route 222; the interchange
of Route 12 with Route 61; and the interchange of Route 222 with Route
61. The limits of the Business Route 222 Overlay District shall be
determined by the Muhlenberg Township Zoning Officer.
C.
All land uses permitted within the underlying zoning district, as specified within Article IV of this chapter, shall be permitted within the Bypass Overlay District, provided the permitted uses are developed and improved in accordance with the provisions of the underlying zoning district.
D.
The following
principal uses and their accessory uses are permitted by conditional
use within the Bypass Overlay District, provided that: a conditional
use is granted by the Board of Commissioners; only one principal use
is permitted per lot meeting the minimum and maximum dimensional requirements;
and the use complies with all other supplemental development and design
requirements specified within the chapter.
(1)
Office and business parks. All such uses shall be permitted, provided the proposed office and business park contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 355-65 of the chapter.
(2)
Hospitals and medical campuses. All such uses shall be permitted, provided the proposed medical campus contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 355-66 of the chapter.
(3)
Medical research and laboratory centers. All such uses shall be permitted, provided the proposed medical research and laboratory center contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 355-66 of the chapter.
(4)
Industrial parks. All such uses shall be permitted, provided the proposed industrial park contains at least 10 acres of land with two acres per permitted use, and subject to the provisions of § 355-67 of the chapter.
(5)
Higher learning institutions and technology centers. All such uses shall be permitted, provided the proposed higher learning institution and technology center contains at least three acres per permitted use and subject to the provisions of § 355-81 of the chapter.
(6)
Hotel complex
and conference centers. All such uses shall be permitted, provided
the proposed hotel complex and conference center contains at least
two acres per permitted use.
(7)
Restaurants.
All such uses shall be permitted, provided the proposed restaurant
contains at least one acre per permitted use and does not include
drive-through services.
E.
Unless otherwise
specified by the Board of Commissioners as part of the conditional
use application, all proposed uses shall be serviced by public sewage
disposal facilities and public water supply facilities.
F.
Unless otherwise
specified within this chapter or approved by the Board of Commissioners
as part of the conditional use application, the following minimum
and maximum dimensional requirements shall apply to all uses within
the Bypass Overlay District.
(1)
The minimum
lot width shall be 200 feet per lot.
(2)
The front-yard
setback shall be at least 60 feet, as measured from the ultimate right-of-way
line.
(3)
The side-yard
setback shall be at least 30 feet for each side.
(4)
The rear-yard
setback shall be at least 50 feet.
(5)
Each permitted
use shall be located at least 100 feet from an existing lot containing
an existing residential use.
(6)
The maximum
height of the buildings shall be no more than 50 feet.
(7)
The maximum
building coverage shall be no more than 40% of the approved lot.
(8)
The maximum
lot coverage shall be no more than 60% of the approved lot.
G.
The following
architectural and aesthetic design requirements shall be applied to
all permitted uses within the Bypass Overlay District:
(1)
Where developments
contain multiple buildings and uses, the architectural appearance
should be compatible or harmonious to each other.
(2)
A landscaping plan shall be submitted to comply with the provisions of § 355-102 of the chapter.
(3)
Unless otherwise
directed by the utility company providing service, all proposed utilities
shall be installed underground.
(4)
Unless otherwise
approved by Muhlenberg Township, all dumpsters shall be located in
the rear yard within an enclosed wooden fence with a lockable gate.
(5)
Where feasible,
streetlights should be considered and strategically located at consistent
intervals. All streetlights shall have a diffused light source at
the luminaries so as to avoid glare. Any parking lot lights which
interfere with the location of the required sidewalk system shall
be relocated. The size, type and location of the streetlights shall
be subject to the approval of the Board of Commissioners.
(6)
The total number and size of all signs within the Bypass Overlay District should be limited to the basic needs of the use. All proposed signs shall comply with the provisions of Article XI of this chapter.
(7)
Where feasible,
the off-street parking spaces and loading spaces for all uses should
be located along the sides or rear of the principal building. Whenever
the proposed off-street parking spaces interfere with the location
of the required sidewalk system, such off-street parking shall be
relocated.
H.
The design requirements
and site improvements listed under this section of the chapter are
intended to provide direction to all applicants seeking conditional
use approval. Where feasible, these design requirements and site improvements
shall be applied to the conditional use application as well as the
subdivision and land development plan. If certain design requirements
and site improvements are determined to be unwarranted, based upon
the existing site conditions and not for financial reasons, the Board
of Commissioners has the right but not the obligation to omit the
provision or consider alternative options relative to the design and
improvement of the lot or parcel.
I.
The provisions
of the Bypass Overlay District shall be subject to the interpretation
of the Zoning Officer or a qualified professional, as designated by
the Board of Commissioners. Should a dispute arise concerning the
interpretation of these provisions, the person aggrieved by the interpretation
may file an appeal with the Zoning Hearing Board. In all cases, the
burden of proof and submission of technical evidence shall be the
responsibility of the person appealing the interpretation of the Zoning
Officer or other qualified professional, as designated by the Board
of Commissioners.
