Allentown City Zoning Code

They are customarily found in conjunction with the subject principal use and structure;

They are subordinate and clearly incidental to the principal use of the property;

They are operated and maintained by the owners or lessees of the principal use; and

They serve a necessary function for or contribute to the comfort, safety or convenience of the owners or lessees of the principal use.

Location. Accessory uses and structures must be located on the same lot as the principal use and principal structure to which they are accessory, except that an aboveground swimming pool or storage shed of 150 square feet or less may be located on a lot abutting a lot occupied by the principal use or structure to which the pool or shed is accessory if the abutting lots are under common ownership.

Time of establishment. No accessory building or structure other than a fence or temporary construction office may be placed on a lot before construction of the principal building.

Attached accessory structures. Accessory structures attached to a principal structure are regulated as principal structures.

Height. Accessory structures may not exceed 15 feet in height, unless otherwise specified in this chapter.

Setbacks. The parking and accessory structure tables for each building type in Article 4 establish siting and setback regulations for key accessory structures. All other accessory structures must be set back from any side or rear lot line a minimum of three feet and from any street lot line a minimum of 10 feet.

Yard. An accessory structure is not allowed in any front yard, except as otherwise expressly stated in this chapter.

Design. Accessory buildings with a building footprint of 250 square feet or more that are visible from A or B streets must comply with roof type and building material regulations that apply to principal building on the lot.

Accommodating additional housing units while at the same time preserving the physical form of existing neighborhoods;

Allowing efficient use of the City's existing housing stock and infrastructure;

Providing housing options and choices that respond to varying income levels, ages, household sizes, and lifestyle choices;

Providing a means for aging residents to remain in their homes and neighborhoods, and obtain extra income, security, companionship and assistance; and

Promoting a broader range of accessible and more affordable housing.

Where allowed. The number and location of dwelling units tables for each building type in Article 4 identify the zones in which accessory dwelling units are allowed, provided further that:

Sewer connection. All accessory dwelling units must be evaluated by the Pennsylvania Department of Environmental Protection to determine the adequacy of proposed sewer connections.

Number. No more than one accessory dwelling unit is allowed per lot.

Methods of creation. An accessory dwelling unit may be created through any of the following methods:

ADU floor area. The floor area of an accessory dwelling unit may not exceed 800 square feet or 40% of the floor area of the principal dwelling unit, whichever is less. ADUs are exempt from the general minimum dwelling unit floor area requirements of Table 660-5, but they must comply with the alternative minimum floor area requirements of Table 660-6. All uses subject to alternative minimum floor area requirements must comply with the Building Code, Property Rehabilitation and Maintenance Code (Chapter 455), and all other applicable federal, state and local regulations.

Household size. The total number of residents that reside in the accessory dwelling unit and the principal dwelling unit, combined, may not exceed the number permitted for a single household, plus two additional adults. Within the Student Residence Overlay (SRO), the total number of students residing in the accessory dwelling unit and the principal dwelling unit, combined, may not exceed two.

Parking. At least one off-street parking space is required for an accessory dwelling unit, in addition to required off-street parking for the principal dwelling unit on the lot.

Building regulations.

Building permit approval. Before the issuance of a building permit for the construction of any new accessory dwelling unit, plans must be reviewed and approved by the Building Official to determine compliance with all applicable building and life safety codes.

Owner occupancy and rental. At least one of the dwelling units on a lot occupied by an accessory dwelling unit must be occupied by a record owner of the subject property. The owner must occupy either the principal dwelling unit or the accessory dwelling unit as their permanent residence for a majority of the days each calendar year.

Short-term rental. On lots with an accessory dwelling unit, neither the principal unit or the accessory unit may be used as a short-term rental.

Deed restriction. Before the issuance of a permit to establish an accessory dwelling unit, the owner of the subject property must file an affidavit with the Zoning Officer and record a deed restriction stating that the owners of the subject property agree (1) to comply with the owner occupancy, rental and other applicable restrictions of this chapter; and (2) to notify all prospective purchasers of such requirements. The deed restriction runs with the land and is binding upon the property owner, their heirs and assigns, and upon any parties subsequently acquiring any right, title, or interest in the property. The affidavit and deed restriction must be in a form prescribed by the Zoning Officer.

Vehicle stacking. Vehicle stacking lanes must be located in the rear yard or the interior side yard.

Accessory structures/signs. The menu board and speaker must be located in the rear yard or the interior side yard.

Setbacks from N-Zoned lots. When a drive-through facility is located on a lot that abuts an N Zone, the drive-through facility, including the window, menu board, any canopy, and any stacking area for vehicles, must be set back at least 25 feet from the N-zoned lot.

Structure. Drive-through canopies and roofs must match the roof of the principal building. Materials used for the drive-through supports or other features must be repeated from the principal building design.

Food truck drive-through prohibited. Drive-through facilities and services are not permitted for food trucks.

The regulations of this section apply to off-street (on-site electric vehicle charging equipment.

Private (restricted-access) electric-vehicle (EV) charging stations are permitted as accessory uses in all zones.

Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zones.

Electric vehicle charging stations may be counted toward satisfying minimum off-street parking requirements.

Public electric vehicle charging stations must be reserved for parking and charging electric vehicles. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other motor vehicles.

Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.

Public electric vehicle charging stations must be posted with signs indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.

Exemptions. The fence and wall regulations of this section do not apply to:

Construction. Fences and walls must be durably constructed and comply with applicable provisions of the building code.

Materials. No fence or wall may be constructed from scrap sheet metal or similar "junk." No fence in a neighborhood zone may be constructed out of barbed wire or be electrically charged, unless the applicant proves to the satisfaction of the Zoning Officer that barbed wire is necessary to protect persons from an unusual hazard, such as electric transformers.

Measurement of height. Fence and wall heights are measured from grade level to the top of the main segment of the fence on the exterior side of the fence or wall that faces a street, alley or other property. When a fence and wall are combined (e.g., fence mounted directly atop a wall), the wall is subject to applicable wall regulations, and the overall structure is subject to maximum fence/wall height limits.

Fences and walls in front setbacks. Fences and walls located in required front setbacks may not exceed four feet in height, except that fences and walls with a solid to open area ratio of 1:1 or less (such as a picket, split rail or wrought iron fence) may be up to six feet in height (maximum).

Fences and walls outside of front setbacks. Fences and walls located outside front setbacks may not exceed six feet in height.

Wall materials. Walls must be constructed of brick or other masonry with a finished appearance.

Fences and walls in front setbacks.

Fences and walls outside of front setbacks.

Food trucks may not occupy more than 25% of the site on which they are located.

Food trucks must be located within a paved, level parking area with minimum dimensions of 35 feet by 15 feet or at least 70 feet by 15 feet if the food truck is more than 27 feet in length.

Food trucks must be set back:

Food trucks may not be parked within 100 feet of the public entrance to a restaurant.

At least two off-street parking spaces must be provided per food truck. Food trucks may not occupy parking spaces that are provided to satisfy the off-street parking requirement of any other use that is operating at the same time as the food truck.

Food trucks may not sell or serve alcohol.

Food trucks must provide at least one trash receptacle and one recycling receptacle for use by patrons.

Food trucks may not obstruct or interfere with the free flow of pedestrian or vehicular traffic.

Food trucks are subject to the noise regulations of Chapter 400.

Food trucks are limited to signs posted on the interior or exterior of the food truck.

Food truck operators must collect and remove all litter and debris generated within at least a twenty-five-foot radius of the food truck.

See also the vendor regulations of Chapter 626.

Separation from schools and residential. No fuel pumps are allowed to be located within 200 feet of a primary or secondary school or within 50 feet of a dwelling unit. Separation distances are measured in a straight line from the fuel pump to the school building or building occupied by a dwelling unit.

Height. Fuel pump canopies may not exceed 18 feet in height.

Materials. Columns and supports must be clad in a major material used on the principal building facade.

Car wash facility. Car wash facilities are allowed as accessory uses to fueling stations. If detached from the principal building, they are regulated as outbuildings (see § 660-49).

Type 1. Type 1 home occupations are those that meet the definition and criteria of a "no-impact home-based business" under the Pennsylvania Municipalities Planning Code.[1]

Type 2. Type 2 home occupations are those in which household residents use their home as a place of work and in which either employees or customers come to the site. Typical examples include tutors, teachers, barbers, stylists, photographers, counselors, real estate agents, and offices of a medical, dental, chiropractic or similar doctor. Type 2 home occupations on lots with frontage on an arterial street or mixed-use corridor are permitted as of right. All other type 2 home occupations require special exception approval.

Any type of assembly, cleaning, maintenance, painting or repair of vehicles or equipment with internal combustion engines or of large appliances (such as washing machines, clothes dryers or refrigerators);

Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;

Equipment or supply rental businesses;

Taxi, limo, van or bus services;

Tow-truck services;

Restaurants;

Funeral or interment services;

Animal care, shelter or boarding establishments;

Commercial food preparation;

Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building; and

Any home-based work activity that does not comply with regulations of this section.

Type 1 home occupations must be accessory and subordinate to the principal residential use of the property and may not occupy more than 25% of the gross floor area of the principal building, whether the type 1 home occupation is located in the principal residential building, an accessory building, or both.

No clients, customers, patients, or students are allowed in conjunction with a type 1 home occupation.

Only residents of the dwelling in which the type 1 home occupation is located may be engaged in a type 1 home occupation use. No nonresident owners, employees or contractors may be present on the property.

Type 1 home occupations may not produce light, noise, vibration, or odor perceptible beyond the property lines of the subject lot.

A maximum of one commercial vehicle may be parked on or adjacent to a lot on which a type 1 home occupation is located.

External structural alterations or site improvements that change the physical residential form of the building occupied by a type 1 home occupation are prohibited. Examples of such prohibited alterations include the addition of commercial-like exterior lighting and the addition of a separate building entrance that is visible from abutting streets.

No outdoor display of any material or merchandise is allowed in conjunction with a type 1 home occupation.

The use or storage of hazardous substances is prohibited, except at the "consumer commodity" level, as that term is defined in 49 CFR 171.8.

Type 1 home occupations and all related activities must be conducted entirely within the principal residential building or an allowed accessory building.

Deliveries or pickups of supplies or products associated with a type 1 home occupation are limited to those normally serving residential neighborhoods.

More than one type 1 home occupation is allowed, but the type 1 home occupation regulations of this section apply to the combined type 1 home occupation uses.

Type 2 home occupations must be accessory and subordinate to the principal residential use of the property and may not occupy more than 25% of the gross floor area of the principal building, whether the type 2 home occupation is located in the principal residential building, an accessory building, or both.

At least one individual engaged in the type 2 home occupation must reside in the dwelling unit in which the type 2 home occupation is located as their primary place of residence.

A maximum of two nonresident employees are allowed with a type 2 home occupation. For the purpose of this provision, the term "nonresident employee" includes an employee, contractor, business partner, co-owner or any other person affiliated with the home-based business, who does not live at the site, but who visits the site as part of the home-based business.

Customers or clients may visit the site only from 8:00 a.m. to 8:00 p.m. and by appointment only, with appointments limited to no more than one per hour. No more than two clients or customers may be present at any one time, except that up to three students may be present at one time in a teaching-related home occupation (e.g., tutor or music/dance instructor). Limitations on patient visits do not apply to offices of a medical, dental, chiropractic or similar doctor unless imposed at the time of special exception approval.

Face-to-face or walk-in retail sales activities are prohibited as a principal type 2 home occupation activity. Any face-to-face or walk-in retail sales of goods must be entirely accessory to any services provided on the site. This retail sales restriction is not intended to prohibit online retail sales.

Type 2 home occupations may not produce light, noise, vibration, or odor perceptible within the subject building or beyond the property lines of the subject lot.

External structural alterations or site improvements that change the physical residential form of the building or occupied by a type 2 home occupation are prohibited. Examples of such prohibited alterations include the addition of commercial-like exterior lighting and the addition of a separate building entrance that is visible from abutting streets.

Any tools or equipment used as part of a type 2 home occupation must be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.

The use or storage of hazardous substances is prohibited, except at the "consumer commodity" level, as that term is defined in 49 CFR 171.8.

Type 2 home occupations and all related activities, including storage (other than the lawful parking of passenger vehicles), must be conducted entirely within the principal residential building or an allowed accessory structure.

Deliveries or pickups of supplies or products associated with a type 2 home occupation are limited to those normally serving residential neighborhoods.

Any personal improvement services that require a Pennsylvania state-issued license must have licensed personnel on the premises during any hours when the use is open to the public.

No more than one type 2 home occupation is allowed on a single property.

Outbuildings may not exceed two stories in height or the height of the principal building, whichever is less.

Floor-to-floor height regulations applicable to the principal building on the lot apply to outbuildings.

Outdoor displays are subject to all applicable setback regulations that apply to the principal building unless otherwise expressly stated in this chapter.

Outdoor displays on corner lots must be confined to a single frontage.

Merchandise or other items may be displayed only during hours of operation of the principal use.

Outdoor display areas may not interfere with pedestrian or automobile traffic on the subject lot or on public rights-of-way, and may not interfere with the enjoyment or operation of adjacent properties and uses.

Outdoor storage areas are subject to all applicable setback regulations that apply to the principal building unless otherwise expressly stated in this chapter.

Outdoor storage areas count toward maximum building coverage limitations.

All materials or wastes stored outdoors that cause fumes or dust or that constitute a fire hazard or that may be edible by or otherwise attractive to rodents or insects must be stored in closed containers.

All outdoor storage areas must be enclosed by a durable, permanent fence that is at least six feet in height and maintained to prevent any unauthorized access. Such outdoor storage area must be screened from view of streets and neighborhood zones in accordance with the frontage buffer and side and rear buffer regulations of Article 8.

Setbacks. Parking structures may not be located closer to any street or interior side lot line than the principal structure.

Facade design. Accessory parking structures on street frontages must meet the parking structure facade design regulations § 660-65D.

Pigeon coops may not be attached to any structure or be placed on the roof of any structure.

Pigeon coops must be located in the rear yard and be set back at least 25 feet from all side and rear property lines.

Pigeon coops may not exceed 100 square feet in area.

Pigeon coops must be completely enclosed with wire netting or equivalent material that will prevent pigeons from escaping.

The rotating turbine may not produce vibrations that are perceptible to humans standing at ground level outside the property lines of the subject lot.

Lattice-type towers and towers using guy wires are prohibited.

All power transmission and telemetry lines from a ground-mounted small wind energy conversion system to any building or other structure must be placed underground.

The system must include automatic devices to address high-speed winds, such as mechanical brakes and over-speed controls.

Towers, rotors and turbines may not be illuminated unless required by a state or federal agency, such as the FAA.

All structures and equipment must maintain factory colors or be finished in a non-reflective, matte finished, neutral color.

No commercial messages may be placed or painted on the tower, rotor, turbine, generator or tail vane that is legible from off-site. This provision is not intended to prohibit warning signs or manufacturer's logos.

All climbing pegs, ladders and similar apparatus on ground-mounted small wind energy conversion systems must be located at least 12 feet above the ground at the base of the structure.

The owner of the facility must completely remove all aboveground structures within 12 months after the system is no longer used to generate electricity.

Plans for minimizing bird and bat collisions with wind turbines through careful siting, blade design/color, and operational procedures (e.g., curtailment) must be submitted with the special exception application, or if special exception approval is not required, with the zoning permit application.

Solar energy systems are permitted as an accessory use to all lawfully established principal uses in all zones.

Accessory solar energy systems must comply with all applicable building and electrical code requirements.

Building-mounted solar energy systems may be mounted on principal or accessory structures.

Building-mounted solar energy systems may not encroach into required street setbacks. Systems mounted on principal structures may encroach into interior side setbacks by up to two feet and into rear building setbacks by up to five feet.

Only building-integrated or flush-mounted solar energy systems may be installed on street-facing building elevations.

Building-mounted solar energy systems may exceed the zone's maximum building height by up to 10 feet.

Systems must be constructed and installed so as not to emit glare onto adjoining properties.

Solar energy systems must be completely removed from the property within six months after they are no longer used for energy production.

In N Zones, ground-mounted (freestanding) solar energy systems may not be located in a street yard.

Ground-mounted solar energy systems may be located within interior and rear yard areas but must be set back at least two feet from all lot lines.

Ground-mounted accessory solar energy systems may not exceed 18 feet in height.

Yard sales are sometimes referred to as "garage sales," "estate sales," "moving sales," "occasional sales," and other similar names. All such sales, by whatever name, are classified and regulated as "yard sales" in accordance with the regulations of this subsection.

Yard sales at properties occupied by principal residential uses are limited to four per calendar year. Each such yard sale is limited in time to no more than the daylight hours of three consecutive days.

No sign or other form of advertisement may be displayed for more than 24 hours before the commencement of such a sale and such signs must be removed immediately upon the conclusion of the sale.

General. The Zoning Officer is authorized to issue a temporary permit for routine and incidental temporary offices (e.g., real estate sales, construction and contractor offices), parking and storage areas that are necessary as part of active construction on the same site or an adjacent lot, or for a temporary real estate office on a site where 10 or more dwelling units are actively being offered for sale.

Agreement. Such temporary permit may be issued only if the owner provides a written and signed agreement to remove all such structures and activities after the completion of construction, or completion of sales in the case of a real estate office.

Time limit. Such temporary permits may be issued for a period not to exceed one year, and may be renewed for one additional year if good cause is shown by the applicant in writing. After the first two years, a temporary use or structure may only continue to be permitted under a temporary permit if approval is received from the Zoning Hearing Board.