Allentown City Zoning Code

To protect property values and the appearance of neighborhoods and commercial zones through appropriate landscape and fencing.

To provide for healthy, long-lived trees within all public ways to improve the appearance of streets and create a buffer between pedestrian and vehicular travel lanes.

To increase the urban tree canopy throughout the City.

To increase the compatibility of adjacent uses and minimize the adverse impacts created by adjoining or neighboring uses.

To promote the prudent use of water through sustainable, functional landscapes.

To reduce energy demands through the shading of buildings and pavement, reducing urban heat island effects.

Unobstructed visibility. Unobstructed visibility must be maintained between 30 inches above curb level and 10 feet above curb level within the sight triangle areas defined in this § 660-70.

Obstructions. Obstructions are defined as any structure, fence, wall, hedge, shrub, or other planting. Obstructions must not be constructed or planted to obstruct or eventually hinder or obstruct the visibility of drivers within the defined sight triangles.

Sight triangle configuration. The three sides of the sight triangles are defined along two rights-of-way, or a right-of-way and driveway pavement edge, with the third line of the triangle connecting those two lines.

Rounded corner. In the case of a rounded property corner, the two shorter sides of the triangle shall be drawn from the intersection of the lot lines extended.

Street intersections. At street intersections, no obstructions may be located within a sight triangle measured 15 feet from the intersection of the street along each street right-of-way line.

Alley-street intersection. The sight triangle at the intersection of an alley and street shall be measured 15 feet along the street right-of-way and 10 feet along the alley right-of-way.

Alley-alley intersection. The sight triangle at the intersection of two alleys shall be measured five feet along each alley right-of-way.

Driveway-street intersection. At the intersection between a street and a driveway, no obstruction shall be located within a sight triangle measured 10 feet along the street right-of-way and 10 feet along the driveway edge.

Parcels located in any MX-D or GX-D Zone are excepted from the sight triangle regulations.

A utility pole or a pole for a permitted sign may be located within a sight triangle provided it does not have a diameter greater than 20 inches.

A trunk of an existing tree may continue to be located in a sight triangle, provided the adjacent landowner trims the branches to minimize sight obstructions.

A support column may be located within the sight triangle, provided the column is of the minimum size necessary for structural support.

This § 660-70 shall not, by itself, prevent the replacement of an existing principal building with a new principal building, provided that the new principal building does not intrude into the clear sight triangle to a larger extent than the pre-existing building and that a building permit is issued for such replacement within 12 months of the removal of the previous building.

A lot located at an intersection with a one-way street, where the lot is located such that visibility would not be obscured in any direction.

National standards. Best management practices and procedures according to the nationally accepted standards must be practiced. All landscape and trees must be installed in conformance with the practices and procedures established by the most recent edition of the American Standard for Nursery Stock (ANSI Z60.1) as published by AmericanHort.

Timing. All landscape materials must be fully installed prior to the issuance of a certificate of occupancy or other means of assurance must be provided that it will be completed, such as a bond or letter of credit, or a temporary certificate of occupancy may be issued.

Tree measurement. Caliper is the measured diameter (inches) of the tree trunk for trees to be installed as follows:

Plant size requirements. Plant material must be sized according to Table 660-8 unless otherwise noted in this section.

Condition and selection of planting materials. The plant materials used must be free from visible signs of disease, infestation, or physical defect at the time of planting.

Compost, mulch, and organic matter. Compost, mulch, and organic matter must be utilized within the soil mix to reduce the need for fertilizers and increase water retention.

Establishment. All installed plant material must be fully maintained until established, including watering, mulching, fertilizing, and replacement as necessary.

Minimum area. A minimum required permeable surface area of 24 square feet is required per tree unless the Zoning Officer or, in the public right-of-way, the Shade Tree Commission determines the minimum area is not practicable.

Required per tree. Permeable area for one tree may not count toward that of another tree.

Aeration systems and permeable pavers. Other alternative surfacing and soil systems may be required by the Zoning Officer in situations where sufficient permeable surface area is not provided.

National standards. All landscaping and trees must be maintained according to the most recent edition of the American National Standards Institute, including its provisions on pruning, fertilizing, support systems, and safety.

Replacing unhealthy landscaping. Unhealthy landscaping must be replaced with healthy, live plants by the end of the next applicable growing season. This includes all plant material that shows dead branches over a minimum of 25% of the normal branching pattern.

Maintenance responsibility. The owner is responsible for the maintenance, repair, and replacement of all landscaping.

Maintain quality and quantity. Maintenance must preserve at least the same quantity, quality, and screening effectiveness as initially installed or required by this article.

City inspection. All landscaped areas regulated by this chapter may be inspected by the City.

Tree maintenance. All trees required by this article must be maintained as follows:

The following development sites or parcels must meet the regulations of this § 660-73:

Forestry uses per § 660-40A are exempt from the regulations of this § 660-73.

Definition. A "significant tree" is one of the following:

Timing. No tree may be removed for future construction without zoning approvals issued for the future development.

Removal of significant trees. A significant tree may be removed with approval of the Zoning Officer under the following conditions:

Applicability. In the N5 Zone where at least 50% of the total area of an existing lot is covered by woods primarily involving trees at least eight inches in diameter, the regulations of this § 660-73G apply.

Removal. A maximum of 50% of the existing tree canopy cover may be removed. Trees shall not be removed prior to an application in an attempt to circumvent this requirement.

Tree protection. The regulations of § 350-21 of Chapter 350, Land Development and Subdivision, is required to protect all trees to remain on site.

Tree removal without new development. Where 20 or more trees over six inches in diameter are proposed to be removed and the removal is not connected to an approved development, the following additional requirements apply:

A minimum of 60% of the bed area must be covered in plant material at maturity. The remaining portion of the bed may be covered with non-living permeable materials, such as mulch, pine straw, or gravel.

Annual beds must be maintained seasonally, replanting as necessary.

In NX and GX-C Zones, street yards deeper than 15 feet and larger than 1,500 square feet must incorporate planting beds into a minimum of 35% of the street yard area.

Lawn must be established within 90 days of planting or the area must be reseeded, replugged, or resodded.

Meadow lawns must consist of grasses, naturally spreading groundcovers, and/or wildflowers native to the area.

Locations. On-site sidewalks must continuously connect all public sidewalks to the main entrance of all principal buildings on the site and where normal pedestrian traffic will occur.

Width. The width of any required on-site walkway in all zones except N1 through N5 must be a minimum of five feet, except six feet in MX-S.

Materials. All walks shall meet minimum construction standards as specified by the City Engineer. Walkways must be composed of concrete, brick, or other masonry pavers.

Vehicular crossings. Where on-site walkways cross driveways, parking areas, and loading areas, the following applies:

Accessible. All sidewalks must comply with all local, state, and federal regulations for accessibility.

Outdoor storage uses, high-impact industry uses, and outdoor warehouse and distribution uses. In lieu of the frontage buffer, the side and rear buffer B (§ 660-78F), must be installed surrounding outdoor storage areas (§ 660-51), high-impact industry uses (§ 660-38D), and outdoor warehouse and distribution uses (§ 660-38G). Buffer must comply with any use regulations in Article 5 that may exceed these regulations.

Buffer depth. The required buffer area must be a minimum five feet in depth, measured from the street-facing lot line into the lot.

Buffer location. The required buffer area must extend along the full edge of the vehicular area frontage, but may allow for the perpendicular crossing of driveways and walkways.

Fences and walls. The following applies to any fence or wall included within the frontage area.

Buffer landscape. The following landscape is required within the buffer:

Applicable lots and building types. A side and rear buffer is required along the side and rear lot lines of all lots for all building types per this § 660-78.

Existing conditions.

Activities triggering buffers. Side and rear buffers are required where the following occurs in the rear or side yards of a lot:

Location on the lot. Side and rear buffers must be installed along the lot line or the buffer may be located at the edge of the activity being buffered, provided the area between the buffer and the lot line is landscaped with ground vegetation per § 660-74 and one tree per every 2,000 square feet.

Access points. Driveways and other access points may interrupt buffers as necessary.

Intent. The fence is intended to provide a physical and visual separation for uses of different intensities where limited buffer area is available.

Buffer depth. A minimum two-foot-width buffer, measured from the lot line onto the subject lot, is required.

Fence, wall, or hedge. A continuous fence, wall, or shrub hedge is required on the inside perimeter of the buffer, consistent with one of the following:

Curbs or wheel stops. Curbs or wheel stops must be provided along the buffer edge at any vehicular area to prevent motor vehicles from damaging the fence or hedge. Parking may not overhang into the buffer.

Intent. The buffer is intended to provide physical and visual separation for uses of different intensities.

Buffer depth. A minimum five-foot-width landscaped buffer, measured from the lot line onto the subject lot, is required.

Privacy fence or hedge. See § 660-78D for the requirements of the privacy fence or hedge.

Shade trees. Medium or large shade trees are required at a minimum of 40 feet on center, with at least one shade tree required for each segment of buffer.

Landscape. The buffer area must be landscaped as planting bed. See § 660-74 for required ground vegetation regulations.

Intent. The buffer is intended to provide physical and visual separation for uses of different intensities.

Buffer depth. A minimum ten-foot-width landscaped buffer, measured from the lot line onto the subject lot, is required.

Fence.

Shade trees. Medium or large shade trees are required at a minimum of 40 feet on center, with at least one shade tree required for each segment of buffer.

Evergreen trees. Evergreen trees are required at a minimum of 20 feet on center, with at least one evergreen tree required for each segment of buffer. Evergreen trees must be at least five feet in height at planting, resulting in a complete year-round visual screen at least eight feet in height within four years of planting.

Landscape. The buffer area must be landscaped as planting bed. See § 660-74 for required ground vegetation regulations.

Existing vegetation may be credited toward these requirements per the Zoning Officer.

An alternative layout may be approved, provided the same percentage of landscape area and the same number of trees are included, and the design does not result in large expanses of paved areas of pavement without trees.

Terminal end islands. Landscape islands are required at the terminal ends of freestanding rows or bays of parking. Freestanding rows or bays of parking are those not abutting the parking lot perimeter or building face, and may have a single or double row of parking.

Row islands. For rows of parking with more than 10 spaces, a landscape island is required for every 11th parking space with result of no more than 10 continuous parking spaces in a row without a landscape island.

Island size. The minimum size of an island is five feet wide and the depth of a parking space. Refer to § 660-71D for required permeable surface area for trees and alternative installation methods to achieve good tree health and survival rates.

Island trees. A minimum of one medium or large shade tree must be installed within each island.

Stormwater. Islands may accommodate stormwater detention or retention areas, rain gardens, or other infiltration systems.

To conserve and protect steeply sloped land from inappropriate development that requires excessive grading and extensive vegetation removal;

To avoid significantly increased stormwater flow rates and velocities;

To avoid increased use of steep roads and driveways that are dangerous to drive upon in snow and ice, and that are difficult for emergency vehicles to access;

To avoid potential hazards to property and the disruption of ecological balance that may be caused by increased surface water runoff, flooding, soil erosion and sedimentation, blasting and ripping of rock, and landslides;

To encourage the use of steeply sloped land for conservation and other uses that are compatible with the preservation of natural resources and protection of the environment; and

To avoid loss of biodiversity and wildlife habitat and corridors.

If the total area of slopes of 25% or greater is less than 500 square feet;

If the disturbance is for the purpose of widening, alignment, improvement, sight distance improvement or similar improvement of an existing street by the City or the Pennsylvania Department of Transportation;

If the slopes in excess of 25% were created by permitted grading or other construction or earthmoving activities permitted under applicable regulations;

If the slopes were clearly human-made, such as areas that were graded previously for buildings, basins, quarrying, or other features. The burden of proof is on the applicant to show that slopes were human-made, such as by showing that grading occurred to develop a previous adjacent building; or

If the construction or earth disturbance is for the installation of public utilities that are not associated with any other activity regulated by this section.

Slope is the relationship of vertical rise to horizontal run, expressed as a percentage from the toe to the top of the slope. For example, land that rises 25 feet over a horizontal distance of 100 feet has a slope of 25%.

Any area that contains slopes of 25% or more is considered steeply sloped for purposes of these regulations.

For any application involving a lot that appears to include areas of steep slopes, the applicant must, using two-foot contours, delineate slopes of 25% to 35%; and greater than 35%. The applicant must conduct an actual field topographic survey as the source of contour information and the basis for depicting such slope categories or use other sources of slope information deemed acceptable by the City Engineer.

All steeply sloped areas must be shown for the purpose of review and verification, but these regulations apply only to those steep slopes occurring over three consecutive two-foot contour intervals (i.e., six cumulative vertical feet of slope).

Once delineated, the mapping provided by the applicant must be reviewed by the City Engineer. Applicants are required to follow all regulations of this section for those areas that contain steeply sloped areas, as determined in accordance with this section through the City Engineer's review.

Before a permit is issued for any construction or land disturbance on land within or affecting steeply sloped areas, the applicant must submit plans drawn to a scale of at least one inch equals 50 feet, sealed by a registered professional engineer, Pennsylvania licensed land surveyor or Pennsylvania registered landscape architect (in the case of a subdivision or land development, required plans may be submitted as part of that application).

Required plans must depict at least the following information:

In areas with slopes of 25% to 35%, no more than 25% of the total of such areas may be altered, regraded, cleared, built upon or otherwise altered.

Alteration, regrading, clearing, building, and similar activities are prohibited in areas with slopes of greater than 35%,

The Planning Commission may grant a waiver to the limitations set forth in Subsection E(1) and (2) above to permit the construction of a public street, driveway or other suitable access; public or private utility or other required facility when the Planning Commission determines that no other alternative exists for providing access to the remainder of the parcel or other required facilities. Such waivers must be limited to only the minimum amount of disturbance required to install the necessary facility.

The proposed development, any impervious cover and resultant disturbance to the land and existing vegetative cover may not cause stormwater runoff and/or related environmental problems beyond the subject site.

Removal of or disturbance to existing vegetation in steep slope areas must be minimized. The proposed impacts on existing vegetation must be evaluated in terms of the potentially detrimental effects on slope stability, conveyance and recharge of stormwater, aesthetic characteristics of the landscape and existing drainage patterns. Further, it must be demonstrated that any and all reasonable mitigation techniques and procedures will be utilized or have been considered in the preparation of the plan, such as revegetation measures, control of soil erosion and sedimentation, stormwater management, and the like. For purposes of such demonstration, the City Engineer may request additional information including, but not limited to, an erosion and sedimentation plan.

Important visual qualities of the site must be retained to the maximum extent possible. In addition to vegetation, these may include hilltops/ridgelines, rock outcroppings, and the natural terrain and contours of the site.

Road and driveway construction must follow the natural topography to the maximum extent possible. Cuts, fills and grading must be minimized. The design of new streets must comply with the street standards contained in Chapter 350, Land Development and Subdivision, of the Municipal Code. Driveways may not exceed a maximum slope of 15%. The initial 20 feet of a driveway from the connecting street cart may not exceed 6%.

Innovative, imaginative building techniques that are well-suited to slope conditions are encouraged, consistent with other applicable codes and regulations.

The stability of the slope, as characterized by the existing interrelationships among the soil, vegetation, and rock, must be disturbed as little as possible.

Proposed buildings and structures must be of sound engineering design. Footings must be designed in response to the site's slope, soil and bedrock characteristics. Footings must extend to stable soil and/or or bedrock.

All disturbed areas must be stabilized and seeded or planted, and notes to this effect must appear on all plans.

Finished slopes of all permitted cut and fill may not exceed 3:1 or 33%, unless the applicant can demonstrate the method by which steeper slopes can be stabilized and maintained adequately to the satisfaction of the City Engineer and/or Planning Commission.

The maximum vertical drop from a terrace or retaining wall used to stabilize and control steep slopes may not exceed five feet.

The storage of crude oil or any of its volatile products or other highly flammable liquids or gases in aboveground tanks must comply with all applicable City, state, and federal regulations.

The permitted manufacture or storage of explosive, toxic or hazardous materials must comply with all applicable City, state, and federal regulations.

The bulk storage of lumber, coal or other combustible material must be set back at least 20 feet from all lot lines, and a paved driveway must be provided from a paved street into the property to permit access by fire protection and emergency vehicles.

The bulk commercial storage, baling, processing or treatment of rags, wastes, scrap paper or similar materials must take place in an enclosed building of fire-resistant construction, no part of which may be located within 50 of from any lot line.

See also:

Street lighting exempted. The regulations of this subsection do not apply to street lighting that is owned, financed or maintained by the City, state or public utility.

Diffused. All light sources, including signs, must be properly diffused with a translucent or similar cover to prevent the lighting element from being directly visible from streets, public sidewalks, dwellings or adjacent lots. Five or more bare incandescent light bulbs of 40 watts or greater may not be hung along a public street or an abutting property.

Shielding. All light sources, including signs, must be shielded around the light source and directed and placed to prevent the lighting from creating a nuisance to persons in adjacent dwellings or undeveloped residentially zoned areas, and to prevent glare into the eyes of passing motorists.

Flickering. Flashing, flickering or strobe lighting are prohibited, except for seasonal holiday lights between October 25 and January 10.