Allentown City Zoning Code
§ 28-10.6
Permitted Modifications and Exceptions.
[Added 4-20-2021 by Ord. No. 03-2021]
a.
Undersized Lots of Record. Any lot of record, which legally existed at the time of this chapter, or which was legally created under the provisions of any zoning law that was in effect at the time the lot was created, and which does not meet the requirements for minimum lot width and/or minimum lot area that now apply, may be used for a permitted use.
b.
Height of Appurtenances Attached to Principal Structures. Appurtenances attached to principal structures. House of worship spires, belfries, cupolas, domes or antennas attached to buildings, silos or penthouses (not for human occupancy) chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are generally not subject to height limitations of any sort except that such features shall not exceed 20% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve. In residential zones, however, and on properties adjacent to single-family residential zones, such appurtenances, which exceed the height limitation for single-family residences by more than five feet shall not be located nearer to any property line than a distance equal to its height above the ground.
c.
Yards. Open fire escapes may not project more than five feet into any side or rear yard in a residential zone. A paved terrace at ground level shall not be considered in the determination of side or rear yard sizes or lot coverage provided, however, that the terrace is unroofed and without walls, parapets, or other forms of enclosure. No paved terrace shall be permitted closer than five feet to any side or rear property line.
d.
Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot frontage specified in the schedule may be measured at the rear line of the required front yard, provided that the lot frontage measured at the street right of way shall not be less than 70% of the minimum lot width as specified in the schedule.
e.
Yards.
1.
To maintain the prevailing pattern of historic development, the front and side yard setbacks within the Historic Districts for existing historic buildings with nonconforming setbacks can be reconstructed in the same footprint of the historic building provided that the building is consistent with the design guidelines and criteria of the Historic Preservation Ordinance. Existing non-historic buildings may also be reconstructed within the same manner as historic structures utilizing the design guidelines of this chapter including § 28-12, Design Standards. Construction of all other structures must conform to the requirements of the district as specified in Appendix C, Schedule of District Regulations, Area, Yard and Building Requirements in § 28-10.9.1 and paragraphs 2 through 5 below.
Editor's Note: Appendix C, Schedule of District Regulations, may be found as an attachment to Chapter 28.
2.
Structures must conform to the front yard requirements of the district except where principal structures located on one or both adjoining lots are closer to the street than the front yard requirement allow. To promote uniformity in setbacks in these situations, the following shall govern required front yard setbacks.
3.
In the case of lot located between two existing structures, each located closer to the street than the district requirements allow, the average front yard dimension of the two adjacent structures shall be the required front yard dimension for the subject property.
5.
If the subject property is located at the intersection of two public streets, the required front yard dimension for each street may be calculated as described above except that the front yard dimensions for the two properties nearest the subject property along a particular street shall be used to calculate the required front yard dimension for that street. The two closest properties may both be to one side of the subject property or one may be located across the intersection.
f.
Ramps and Other Structures to Accommodate the Disabled. Ramps, lifts and other structures installed to accommodate the disabled may project into front, side or rear yards, provided: