TOWNSHIP OF UPPER MACUNGIE LEHIGH COUNTY, PENNSYLVANIA ORDINANCE NO. 2017 05 [To be considered for Adoption June 1, 2017] AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF UPPER MACUNGIE, LEHIGH COUNTY, PENNSYLVANIA, AMENDING CHAPTER 27 (ZONING) OF THE CODE OF THE TOWNSHIP OF UPPER MACUNGIE, KNOWN AS THE UPPER MACUNGIE TOWNSHIP ZONING ORDINANCE AND THE SECTIONS OF CHAPTER 27 AS HEREINAFTER SET FORTH. SPECIFICALLY, THIS ORDINANCE ADDS A NEW PART 10 PROPERTY REHABILITATION DEVELOPMENT ALL OF WHICH ARE FULLY SET FORTH IN THE BODY OF THIS ORDINANCE AND ALL OF WHICH ARE IN ACCORDANCE WITH THE PENNSYLVANIA MUNICIPALITIES PLANNING CODE, ACT 247 OF 1968, P.L. 805, NO. 247, AS REENACTED AND AMENDED, 53 P.S. 10609. WHEREAS, Section 27-108 of the Upper Macungie Township Zoning Ordinance provides that the Board of Supervisors may amend, challenge or repeal any or all portions of this Chapter on its own motion or upon agreeing to hear a written request for any person, entity or the Planning Commission. ; and WHEREAS, the Upper Macungie Township Board of Supervisors has identified certain properties and/or areas in the Township that are in need of redevelopment and revitalization and finds that the proposed amendments will facilitate said objectives; and WHEREAS, the Upper Macungie Township Board of Supervisors finds that the proposed amendments will promote, protect and facilitate the public health, safety and welfare; and WHEREAS, pursuant to Section 609 of the Municipalities Planning Code, 53 P.S. 10609, the Township of Upper Macungie is authorized and empowered to enact amendments to the Upper Macungie Township Zoning Ordinance after public hearing thereon pursuant to public notice; and WHEREAS, the Board of Supervisors of the Township of Upper Macungie has conducted a public hearing pursuant to public notice concerning the following amendments to the Upper Macungie Township Zoning Ordinance; and, WHEREAS, after public hearing pursuant to public notice, the Board of Supervisors of the Township of Upper Macungie desires to ordain and enact the amendments to the Upper Macungie Township Zoning Ordinance set forth hereinafter. 1
NOW THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Supervisors of the Township of Upper Macungie, County of Lehigh, Commonwealth of Pennsylvania, as follows: SECTION 1. AMENDMENTS, INSERTIONS AND CHANGES The following Sections denoted by Section numbers are amended, with such amendments being denoted by bold underlining. (bold underlining) The following Sections or parts thereof denoted by Section numbers are added, with such additions being denoted by the word NEW preceding the addition which shall be denoted by bold text (bold text). The following Sections or parts thereof denoted by Section numbers are deleted, with such deletions being denoted by brackets and strikethrough ([strikethrough ]). For purposes of Codification, all Sections noted herein follow the Sections as set forth in the Code of Ordinance of the Township of Upper Macungie, revised through October 1, 2009. SECTION 2. BODY OF THE ORDINANCE NEW PART 10: Property Rehabilitation Development. Section 27-1001. Purpose. To provide for the rehabilitation and repurposing of properties in need of redevelopment for aesthetic, economic revitalization and/or other reasons. It is intended that Part 10, the Property Rehabilitation Development, will encourage cooperation between the Township and private land owners to upgrade the character of neighborhoods, enhance safety and code compliance, revitalize under-utilized properties, and create employment opportunities. Section 27-1002. Applicability. A. An applicant must meet the requirements of subsections (B), (C) and (D) of this 27-1002 to process an application under this Part 10. If an applicant is not able to meet the requirements of subsections (B), (C) and (D) of this 27-1002, then the underlying zoning ordinance requirements shall apply. B. The property at issue shall be located in the highway commercial (HC), neighborhood commercial (NC), or the Medium Density Residential (R-4) districts. C. The property must have: (1) unique physical circumstances or conditions of the property, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property; 2
and (2) the main structure on the property shall be either (a) least fifty (50) years or older, but not designated as a historic structure; or (b) a partially constructed, reconstructed or demolished building or structure upon which work has been abandoned for at least five (5) years. For purposes of the proceeding sentence, work is deemed abandoned when there is no valid and current building and demolition permit. D. The applicant shall demonstrate at least two of the following: (a) a public improvement will be made as part of the project; (b) the project will upgrade the character of the neighborhood; (c) the project will enhance safety; and/or (d) the project will enhance code compliance. E. The term Property Rehabilitation Development shall refer to a commercial development which satisfies the requirements of 27-1002. F. Subject to variances, waivers and/or modifications, Property Rehabilitation Developments shall satisfy all of the conditions for land development as set forth in the Upper Macungie Township Subdivision and Land Development Ordinance as well as all of the requirements of the Zoning Ordinance of Upper Macungie Township, except as otherwise modified by this Part 10. G. To the extent that any of the requirements in this Part 10 conflict with other sections of the Zoning Ordinance or any section of the Subdivision and Land Development Ordinance, the standards set forth in this Part 10 shall apply. Section 27-1003. Table of Permitted Uses. Table 10.1 Table of Permitted Uses in a Property Rehabilitation Development Types of Uses (See definitions in part 2) HC 1 NC 1 R-4 2 Bakery P P P Bed and Breakfast ( 27-1005) P P P Business Services P P C Convenience Store P C N Financial Institution ( 27-1005) P P C Medical office or clinic P P C Motel or hotel ( 27-1005) P C C Office P P C Personal services (includes tailoring, custom dressmaking, P P C haircutting/styling, dry cleaning, shoe repair and closely similar uses) (see also as an accessory use in this table) Repair Service P P C Restaurant with drive-through service (SW) and/or that primarily SE N N involves delivery of ready-to-eat food ( 27-1005) Restaurant other than above (SW) P P C Shopping center, convenience P P C Shopping center, neighborhood P P C 3
NOTES: Table 10.1 Table of Permitted Uses in a Property Rehabilitation Development Types of Uses (See definitions in part 2) HC 1 NC 1 R-4 2 Veterinarian office ( 27-1005) P P C Retail Stores P P C Personal Care Home or Center P P C 1 The uses permitted in any of these districts because the particular development constitutes a Property Rehabilitation Development are in addition to any uses permitted (including special exceptions, conditional uses, and accessory uses) in the underlying zoning district in which the Property Rehabilitation Development is located. 2 In the R-4 district, if a property was vacant or was previously used for commercial purposes, it may be revitalized to include any use set forth in Table 10.1 or as otherwise permitted in the R-4 district. Section 27-1004. Table of Lot and Setback Requirements. Table 10.2 Table of Dimensional Requirements Type of Requirement (See definitions in Part 2) HC NC R-4 Minimum Lot Area (square feet) 43,560 (hotels 1.5 acres) Minimum Lot Width (at the minimum front yard building setback line) (feet) 1 4 43,560 (hotels 1.5 acres) 43,650 (hotels 1.5 acres) 62.5 50 65 Minimum Lot Width (at the post development street right-of-way line) (feet) For a lot that will have direct vehicle access 125 100 75 involving left-hand turns onto or off of an arterial street For any other lot 15 15 20 Minimum Building Setback (for a principal structure) (feet) Front yard 15 15 12.5 Side yard each side 7.5 5 5 Rear Yard 15 15 10 For any yard adjacent to a public street 15 15 12.5 Minimum Building Setback (for a principal structure) (feet) For a portion of a building used for manufacturing or an area routinely used for the parking, storage or loading/unloading of tractor-trailer trucks or refrigerated trucks to an abutting: a) residential lot line (see definition in Part 2) or b) lot line of a primary or secondary school 75 75 75
Table 10.2 Table of Dimensional Requirements Type of Requirement (See definitions in Part 2) HC NC R-4 For any nonresidential principal structure other 30 25 25 than a portion of a building used for manufacturing to an abutting lot line of: a) a residential use (see definition in Part 2) or b) a primary or secondary school Minimum Building Setback (for accessory structures) (feet) Front yard not permitted Side yard 2.5 2.5 5 Rear Yard 2.5 2.5 5 For any side or rear yard abutting a public street 10 10 12.5 For a nonresidential principal structure to an 30 30 30 abutting: a) a residential lot line (see definition in Part 2) or b) a primary or secondary school Maximum Height (feet) (see exceptions in 27-802) Principal Building See note 2 See note 2 See note 2 Accessory Building 25 25 25 Maximum Number of Stories Principal Building N/A N/A N/A Accessory Building N/A N/A N/A Maximum Building Coverage 35% 35% 35% Maximum Impervious Coverage 75% 75% 75% NOTES: 1 If a lot has frontage on two or more streets, the minimum front yard width shall be measured along the yard that has the primary or public vehicular entrance to the property. 2 Maximum height for a principal building shall be the height that is 50% higher than the height permitted in the underlying zoning district. Maximum height shall be subject to review by the Township to ensure that the responding fire company has the equipment (i.e., ladders) necessary to safely respond to a fire at the building. The number of stories in a building is dependent on the height of the building. Section 27-1005. Special Requirements for Certain Uses. Each of the following uses in a Property Rehabilitation Development shall meet all of the following requirements for that use (these requirements shall be in lieu of the requirements for the same use that are set forth in 27-402): A. Bed-and-Breakfast Use [ SEE 27-402.J ] 5
B. Financial Institution [ SEE 27-402.Y ] C. Hotel/Motel. A land development composed of a hotel/motel that is in a Property Rehabilitation Development shall be subject to the following requirements: (1) Recreational facilities limited to guests of the use and a standard restaurant may be permitted accessory uses to a hotel or motel. (2) Minimum lot area. The minimum lot area set forth in Table 10.2 shall apply to hotel/motels that form a part of a Property Rehabilitation Development. D. Personal Care Home. [ SEE 27-402.QQ ] E. Restaurant (1) Trash and Recycling: (a) All trash dumpsters shall be screened on three of the four sides (not including the side it is to be emptied from), as needed to screen the dumpster from view from public streets, dwellings or abutting lots. A solid wooden fence, brick wall, evergreen plants or structure designed to be architecturally compatible with the principal building shall be used for such screening. (b) If practicable, any solid waste container with a capacity of over 15 cubic feet shall be kept a minimum of 15 feet from a dwelling unit on an abutting lot. (c) Any use that involves the sale of ready-to-eat food for consumption outside of a building shall provide and maintain adequate outdoor solid waste receptacles at convenient locations on the property for customer use. (2) Outdoor menu board signs for drive-through service. See 27-704. (3) Traffic circulation onto, within and off of the lot shall be clearly marked. A drive-through use shall be designed with space for an adequate number of waiting vehicles while avoiding conflicts with traffic onto, around and off of the site. The stacking capacity shall be sufficient to serve the number of vehicles that can reasonably be expected to be served and waiting for service at the same time during the most busy fifteenminute period in any average week. (4) A proposed restaurant building that is not attached to a shopping center and which includes drive-through service shall be set back a minimum of 150 feet from any other restaurant building that: exists or has been approved, is not attached to a shopping center and includes drive-through service. This 150-foot setback shall not apply if the Board of Supervisors determines that the restaurant would be served by a fully coordinated and safe traffic access system that minimizes driveways involving left-hand turns onto arterial streets, except at a signalized intersection. (Notwithstanding the above setback requirements, a drive-through restaurant may not be located on a lot or tract of land unless it has direct driveway access to an arterial or collector roadway.) 6
F. Shopping Center [ SEE 27-402.CCC ] G. Veterinarian Office [ SEE 27-402.NNN ] Section 27-1006. Design Requirements Section 27-1006. The following design standards shall apply to all Property Rehabilitation Developments. A. Fences. In a Property Rehabilitation Development, a fence may be located within the paved area setback. B. Location of Off-Street Parking. In a Property Rehabilitation Development, required off-street parking spaces may be on a lot adjacent to the lot with the principal use served and/or a shared parking lot (even if the lot is located across a street) so long as the lot is located within 250 feet of an entrance to the principal use being served. Any off-street parking that is located on a different lot than the principal use served shall be subject to review by the Township to evaluate safety. C. Width of Paved Area and Parking Setbacks (including off-street parking setbacks). In a Property Rehabilitation Development, parking areas including five or more spaces, off-street loading areas and internal driveways shall be setback a minimum of 5 feet from an existing street right-of-way and from all abutting residential lot lines. D. Projections into Required Yards. In a Property Rehabilitation Development, parking and refuse/recycling may encroach into drainage or utility easements. In addition, refuse and recycling may extend or project into a required yard. Notwithstanding the foregoing, any refuse/recycling shall be screened on three of the four sides (not including the side it is to be emptied from) with a solid wooden fence, evergreen plants or structure designed to be architecturally compatible with the principal building. E. Sight Distance at Intersections. Any intersection constructed as part of a Property Rehabilitation Development shall have a sight triangle minimum that shall meet the standards set forth by PennDOT (Chapter 441.8.h.2.iv). F. Buffer Yards. In a Property Rehabilitation Development buffer yards, beyond the minimum setback distances, are not required. G. Minimum Future/Ultimate Right-of-Way. Any collector street constructed as part of a Property Rehabilitation Development shall have a minimum future/ultimate right-of-way of 50 feet. SECTION 3. REPEALER. If a court of competent jurisdiction declares any provision of this ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective and all other provisions of this ordinance shall continue to be separately and fully effective. 7
SECTION 4. SEVERABILITY. All ordinances or parts of ordinances clearly in conflict with any of the provisions of this ordinance are hereby repealed insofar as same affects this ordinance. Notwithstanding the foregoing, the enactment of this ordinance including this repealer provision, shall not be construed as affecting any act done, liability or obligation incurred or right accrued or vested, including but not limited to the right of the Township of Upper Macungie to apply and enforce said repealed ordinances or parts thereof to zoning and land use applications and approvals to which such repealed ordinances or parts thereof were applicable and to which this ordinance is judicially determined to be not applicable. With respect to such zoning and land applications and approvals, such repealed ordinances or parts thereof shall continue with the same force and effect as if not repealed. SECTION 5. EFFECTIVE DATE. This ordinance shall be effective five (5) days following the enactment hereof. ENACTED AND ORDAINED the day of, 2017 by the Board of Supervisors of the Township of Upper Macungie, Lehigh County, Pennsylvania, in a lawful session duly assembled. ATTEST: TOWNSHIP OF UPPER MACUNGIE LEHIGH COUNTY, PENNSYLVANIA BOARD OF SUPERVISORS Secretary Chairman 8