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Hanover Township Lehigh County
City Zoning Code

PART 9

PLANNED COMMERCE UNIT DEVELOPMENT

§ 27-900. Purpose.

The purpose of these provisions is to encourage the innovative design and development of planned commerce business areas where multiple yet distinct land uses are combined into a single unified development project; to encourage a planned arrangement of individually owned and operated uses within complementary functional categories, including professional and business offices, retail sales and commercial services, lodging, recreation/leisure time and specialized commercial business; to provide a planned development that serves existing and foreseeable needs of the Township and surrounding service areas; to carefully plan traffic circulation and off-street parking in order to avoid traffic congestion and inadequate to encourage the planning and utilization of and the harmonious design, erection and use of buildings in a diversified commerce business community that will contribute to the economic base of Hanover Township and otherwise further the purposes of this Chapter as set forth in Parts 1 and 3.
(Ord. 45, Z-§ 900, 5/12/76)

§ 27-901. General Requirements.

In any district which allows Planned Commerce Unit Development, the Subdivision and Land Development Ordinance of Hanover Township,(Chapter 22 of the Hanover Township Code) shall control in all respects with regard to the application, plans, review and approval for any proposed Planned Commerce Unit Development. The proposed development shall also be subject to the regulations of this Part and any other pertinent provision of this Chapter.
(Ord. 45, Z-§ 901, 5/12/76)

§ 27-902. Plan Requirements.

   1.   Any application filed for preliminary plan approval shall include, but not be limited to, documents and materials illustrating the following information:
      A.   The location, size and topography of the site.
      B.   The nature of the landowner's involvement in the development.
      C.   The proposed functional use areas within the development, distinguishing between types of uses proposed within each functional area.
      D.   The location, rights-of-way, cartvvay widths of proposed streets and streets which are proposed to be dedicated to the Township.
      E.   The use and the approximate height, bulk and location of buildings and other structures.
      F.   The location, function, size, ownership and manner of maintenance of any common open space.
      G.   The location, dimensions and arrangement of all open spaces, yards, access ways, entrances, exits, off-street parking facilities, loading and unloading facilities, pedestrian ways and buffer strips.
      H.   The capacity of all areas to be used for automobile access, parking, loading and unloading.
      I.   The character of buffer areas and screening devices to be maintained, including the dimensions and arrangement of all areas devoted to planting, lawns, trees or similar purposes.
      J.   The feasibility of proposals for sanitary sewerage, water supply and storm water disposition systems.
      K.   The proposed location for all underground utility lines.
      L.   The substance of covenants, grant of easements or other restrictions to be imposed upon the use of land, buildings and structures including proposed grants and/or easements for common open space areas and public utilities and the legal form of provision thereof.
      M.   In the case of plans which call for development in stages, a schedule showing the approximate time within which applications for final approval of each stage of the Planned Commerce Unit Development are intended to be filed and the approximate number and type of uses planned for each stage. For areas not scheduled for immediate development within the tract, the tentative plan shall show at least all information required in § 27-902(4) of this Part for these areas. As further development occurs, a plan showing all of the above required detail shall then be submitted prior to the construction of each subsequent portion.
      N.   A feasibility and land use market study done by an independent professional consulting firm. The study shall include or be supplemented with documentation indicating the impact of the completed Planned Commerce Unit Development upon public facilities, utilities, services, roadway systems and existing development.
      O.   Sufficient data, in all instances, to enable the Township Council and Planning Commission to judge the effectiveness of the design and the character of the entire Planned Commerce Unit Development and to consider properly such things as its relationship to surrounding areas, anticipated traffic, public health, safety and welfare.
   2.   The applicant may file and the Zoning Officer accept an application which does not comply with requirements of subsections (A) through (N) if the application contains a written request for a waiver from such requirement. (Ord. 367)
   3.   The final decision with respect to the applicability of the requirements of this Section to any application filed before the Zoning Hearing Board and the rant of any waiver shall remain with the Zoning Hearing Board. Any waiver of plan requirements as they pertain to the administration of this Chapter shall not be deemed to be a waiver of the same or similar requirements which may apply to the Subdivision and Land Development Ordinance of Hanover Township (Chapter 22) or any other ordinance applicable thereto. (Ord. 367)
(Ord. 45, Z-§ 902, 5/12/76; as amended by Ord. 367, 2/18/1998, § 4)

§ 27-903. Function and Use Regulations.

   1.   A building or buildings may be erected and used and a lot may be used and occupied in the development to insure that uses exist within at least two out of five functional categories:
      A.   Professional and Business Office.
      B.   Retail Sales and Commercial Services.
      C.   Lodging
      D.   Recreation/Leisure Time.
      E.   Specialized Commercial-Business
   2.   The planned development shall include at least two of the five functions and no single function shall occupy more than 60% of the gross tract area, including building coverage, related off-street parking and lodging areas and access drives, but excluding existing adjacent street rights-of-way.
   3.   Uses which shall be permitted within each of the 5 functional areas are:
      A.   Professional and Business. Agencies and offices rendering specialized and general services such as accounting, addressing, letter and copy service, advertising, bookkeeping, bonding, brokerage, detective, financing, trust and banking, insurance, real estate, travel bureaus, corporate, regional and local administrative offices and local, state and federal administrative consultant services such as engineering, planning, legal, secretarial, financial, architectural, medical and dental.
      B.   Retail Sales and Commercial Services. Stores for retail purposes only, provided that no goods shall be displayed on the exterior of the premises and all storage is within the confines of the building. Permanent sit-down type restaurants, but excluding drive-in restaurants. Personal service shops dealing directly with customers such as beauty parlors, barber shops, clothes cleaning or pressing agency, shoe repair shop, dress making, millinery, clothing and costume rental, tailor and fur shop, dancing and musical instruction, providing latter are adequately sound proofed. General sales, servicing or repair shop such as jewelry, bicycle, watch or clock, radio, television, or home appliance repair. (Ord. 374)
      C.   Lodging. Lodging to include a complete service facility including rooms and accessory retail, dining, leisure and service facilities.
      D.   Recreation/Leisure Time Uses. Indoor recreation and leisure time uses, unless noted otherwise, including theatre for state production of films, but excluding drive-in theatres; health spas, indoor or outdoor tennis and swimming clubs; or any use of the same general character as the above permitted uses, provided that no such use which is noxious or hazardous shall be permitted except in accordance with Part 5. (Ord. 374)
      E.   Specialized Commercial-Business. Bakery, pastry, candy, confectionary, ice cream or customer shop making goods only for retail sales on the premises.
   4.   Telephone and telegraph office, specialty and printing, specialized optical, dental, electronic facilities, research and development testing or experimental laboratory and similar establishment for product applications providing that any specialized commercial application shall not be permitted which may violate the performance standards set forth in Part 5.
(Ord. 45, Z-§ 903, 5/12/76; as amended by Ord. 374, 11/18/1998)

§ 27-904. Area Regulations.

   1.   The proposed development shall be constructed in accordance with an overall plan and shall include the planned phasing and schedule of construction. The overall plan shall be designed as a single architectural scheme with appropriate common landscaping and shall provide, initially at least, for the construction of a minimum of 12,000 square feet of ground floor area of one of the functional categories. If the development of the Center is to be carried out in progressive stages, each stage shall be planned that the previous and following requirements of this Chapter shall be fully complied with at the completion of any stage.
   2.   No Planned Commerce Unit Development tract shall be less than 10 acres and no individual lot size shall be less than 1 acre. Not more than 35% of the area of each shall be occupied by buildings.
   3.   Front, side and rear yards shall be provided on each lot as follows:
      A.   One front yard not less than 50 feet in depth. There shall be at least 15 feet between any off-street parking area or parallel access drive and any existing right-of-way or future street right-of-way.
      B.   Two side yards, neither less than 25 feet in width. This requirement shall not prevent the erection of a series or row of attached buildings, provided that the series or row meets side yard requirements if treated as a single unit. There shall be a landscaped side yard at least 15 feet between any side lot line and any off-street parking area or access drive.
      C.   One rear yard not less than 40 feet in depth. There shall be a landscaped rear yard at least 15 feet in depth between any rear lot line and any off-street parking area or access drive.
   4.   Lot width. Each lot shall have a width of not less than 200 feet.
   5.   Spacing of structures on the same lot. Any building shall be located at least fifty feet from any other building on the same lot, unless such buildings are attached by a roof structure.
   6.   Vehicular access points and road frontage improvements. Vehicular access points to the development and any road frontage improvements including widening and directional turning lanes shall be an integral part of the development.
   7.   A buffer strip shall be provided along each property or street line which is opposite or adjacent to a Residential District or to a park. The following standards shall apply:
      A.   Plant materials used in the buffer strip shall be of such species and size as will produce, within 3 years, a complete visual screen of at least 6 feet in height.
      B.   The buffer strip shall be maintained permanently and any plant material which does not live shall be replaced within 1 year.
      C.   The buffer strip shall be placed so that at maturity it will be no closer than 3 feet from any street or property line.
      D.   In all buffer strips, the exterior width beyond the planting screen shall be planted with grass seed, sod or ground cover and shall be maintained and kept clean of all debris, rubbish, weeds and tall grass.
      E.   No planting or other obstruction shall be permitted which would interfere with traffic visibility across the corner of a lot and at access driveways within a triangle bounded by the street center lines and a straight line drawn between points on each street center line, 75 feet from their intersection. Such clear sight triangle shall be maintained in the area between a plane 2 feet to 10 feet above the outside edge of the street pavement.
      F.   No structure, materials or vehicular parking shall be permitted in the buffer strips.
      G.   The buffer strip shall be broken only at points of vehicular or pedestrian access.
   8.   No sign or other structure shall be erected unless it fully complies with the requirements of Part 7 of this Chapter and unless all signs conform to an overall coordinated design scheme which shall be subject to approval or disapproval by the Township Council.
   9.   All parking, loading, access and service areas shall be adequately illuminated at night. Such lighting, including sign lighting, shall be arranged so as to protect the highway and adjoining property from direct glare or hazardous interference of any kind. All utility lines servicing the area shall be placed underground.
   10.   The district shall be serviced by centralized water supply and sewage disposal facilities certified by the PA Department of Environmental Resources and the PA Public Utility Commission.
   11.   The performance standards set forth in Part 5 shall apply.
(Ord. 45, Z-§ 904, 5/12/76)

§ 27-905. Height Requirements.

No structure shall be any higher than the height maximum set forth in § 27-409.
(Ord. 45, Z-§ 905, 5/12/76)

§ 27-906. Off-Street Parking and Loading Requirements.

   1.   The appropriate number of off-street parking spaces, in accordance with the following provisions and with proper access from a street or way, shall be provided on any lot on which a principal building is hereafter erected. In no case shall any parking area be closer than 15 feet from any building.
      A.   Hotel, motel or tourist house. One parking space for each rental room or suite.
      B.   Restaurant, cafe, or tea room having a total floor area of more than 1,000 square feet one parking space for each 50 square feet of floor space devoted to patron use.
      C.   Theatre or Auditorium. One parking space for every ten seats.
      D.   Business/Professional. 3.5 car parking spaces shall be provided for each 1,000 square feet of net leasable area designated for office use.
      E.   Commercial. 5.5 car parking spaces shall be provided for each 1,000 square feet of gross leasable area designated for commercial use; except when commercial area (gross leasable area) is less than 10% of total planned office area (net leasable area), the office parking ratio of 3.5 parking spaces for each 1,000 square feet shall apply. Gross leasable area is defined as all that area on which the commercial area tenant pays rent. Net leasable area is defined as the area measured within the exterior walls, excluding common corridors, elevators, toilets, service closets and walls surrounding these areas.
      F.   Specialized Commercial Business. One space per each 1.2 employees or one space per 1,000 square feet of floor area, whichever is greater, except in those functions where retail trade is involved, then § 27-906(5), (commercial) shall apply.
         The following additional off-street parking and loading requirements shall also be met:
         (1)   In addition to the minimum square footage per parking space required, adequate driveways, aisles and maneuvering spaces shall be provided. Parking areas and loading areas shall be graded for convenient access and shall be paved, along with all access drives, with a hard material or otherwise treated to prevent dust or other loose cover from becoming a nuisance or hazard. All parking areas adjacent to paved sidewalks or otherwise defined pedestrian walkways shall be curbed. In cases where curbs are not required, tire stops shall be provided. (Ord. 56)
         (2)   Parking, loading, or service areas used by motor vehicles shall be located entirely within the lot lines of the principal use served by the parking area, shall be physically separated from public streets by a buffer strip or other effective and suitable barrier against unchanneled motor vehicle access or egress and shall have not more than two access ways, to any one public street.
         (3)   Areas provided for loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuel and other service vehicles shall be adequate in size and shall be so arranged that they may be used without blockage, or interference with the use of access ways or automobile parking facilities.
         (4)   When several uses requiring different parking ratios are conducted on the same lot under single ownership, the prorata distribution of parking requirements for each use shall be totalled and applied.
         (5)   Notwithstanding the specific provisions of this section, any requirements as to the amount of required off-street parking space may be reduced by the Zoning Hearing Board on the submission of satisfactory evidence that the potential parking needs of a particular use are less than required above.
(Ord. 45, Z-§ 906, 5/12/76; Ord. 56, § 16, 6/14/78)

§ 27-907. Time Limit On Construction Permit.

Permits issued pursuant to this Part shall expire within 1 year after date of issuance thereof, unless the approved project is completed, or unless the Township Council shall extend the permit for successive terms not exceeding one year each. In those cases where the original permit is issued and the construction schedule calls for a term of longer than one year, the permit shall be automatically renewed by the Zoning Officer for an additional one year period, subject to such safeguard as the Zoning Officer may prescribe in the public interest.
(Ord. 45, Z-§ 907, 5/12/76)

§ 27-908. Development Plan Changes During Construction.

After the final development plan has been approved and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights or yards are requested by the developer and such requests conform to the standards established by the approved final development plan for the area to be covered by buildings, parking spaces, entrances, height, functions, set backs and lot area requirements, such adjustments may be approved by the Township Council, upon application and without fee and after receiving recommendations of the Planning Commission.
(Ord. 45, Z-§ 908, 5/12/76)