Lower Macungie Township
City Zoning Code
City Zoning Code
PART 9C
ETV-3 EAST TEXAS VILLAGE-3 DISTRICT
§ 27-9C01 Purpose.
[Ord. No. 2019-10, 8/1/2019]
The purpose of the East Texas Village 3 District (ETV3) is to recognize the special characteristics of the Village of East Texas and its surrounding area as shown on the Official Zoning Map of Lower Macungie Township. Per the adopted Comprehensive Plan, the zone shall allow for neighborhood residential and limited retail, commercial, institutional via mixed uses within the immediate abutting environs of the historic village as consistent with the maintenance, preservation and enhancement of the general area. It is recognized that the purpose of this district is to serve the residents of the East Texas Village area and the needs of Lower Macungie Township, while at the same time enhancing the identity and unique qualities of the neighborhood. Because of the diverse concentration of uses in the area immediately abutting the Village and the special nature of the crossroads at Lower Macungie and Brookside Roads, the area has been identified as an appropriate location for extension of village uses and character. Specific objectives of this district include the following:
1.
The built fabric of East Texas provides for its identity; similar uses, densities and character should extend to the unique crossroads immediately abutting to the east.
2.
New development or uses should respect the existing businesses, structures and character of the area in and around the new zoning district.
3.
Per the adopted Comprehensive Plan, the district should foster a sense of place for the neighborhoods of the community by enhancing the existing setting and creating a local destination for Township residents to serve their everyday needs in a pleasant and enjoyable setting.
4.
Encourage properly scaled economic development in appropriate locations that support the existing economy while promoting a smart growth development pattern at the crossroads of Lower Macungie Road and Brookside Road.
5.
Promote a walkable community in the district using pedestrian-scaled design principles with sidewalks, walkways and green spaces as a core amenity.
6.
Allow for appropriate mixed-use development by encouraging the integration of commercial, retail and residential uses at a scale that respects the Village of East Texas and its surrounding environs.
7.
Employ design principles that promote architectural excellence and design elements that are typical of East Texas and Lower Macungie Township, as well as ensure that new development design is compatible with the surrounding community.
§ 27-9C02 Use Permitted by Right in the ETV-3 District.
§ 27-9C03 Uses permitted by Condition in the East Texas Village 3 (ETV-3) District.
[Ord. No. 2019-10, 8/1/2019]
The following conditional uses and their accessory uses may be permitted following a review and recommendation by the Planning Commission in accordance with the provisions of Part 24 and other applicable provisions listed herein, and approval of the Board of Commissioners:
§ 27-9C04 Uses permitted by Special Exception in the East Texas Village 3 (ETV-3) District.
[Ord. No. 2019-10, 8/1/2019]
The following uses and their accessory uses may be permitted when authorized as a special exception by the Zoning Hearing Board, subject of the provisions of Part 24:
1.
Any use of the same general character as those uses permitted by right and condition in the ETV-3 East Texas Village 3 District. Evidence shall be submitted documenting the similarity and difference between the proposed uses and the uses permitted by right or condition to which the proposed use is similar.
§ 27-9C05 Accessory Uses.
[Ord. No. 2019-10, 8/1/2019]
1.
Accessory uses or structures on the same lot which are customarily incidental to the permitted use and primary structure are permitted by right. Only the following accessory uses are permitted in this part. These uses shall comply with all yard regulations, except as modified by the provisions contained within § 27-1708, Residential Accessory Uses.
§ 27-9C06 Uses Specifically Excluded in the ETV-3 District.
§ 27-9C07 ETV-3 District Lot Area, Width, Building Coverage, Height Regulations.
[Ord. No. 2019-10, 8/1/2019]
1.
The following dimensional requirements in this section shall apply to each use permitted in the ETV-3 District either by right or by condition, subject to further applicable provisions of this chapter.
A.
The most restrictive dimensional requirement for each use shall apply.
B.
Maximum 5,000 square feet of nonresidential floor area per gross lot acre shall be permitted unless stated otherwise within this section.
C.
All uses in this district shall have a minimum twenty-five-foot setback (measured from the ultimate right-of-way) along any existing public street.
(1)
A twenty-five-foot landscaped buffer yard is required when a development with nonresidential uses is proposed adjacent to land that is in residential use or zoned for residential use. The landscaped buffer shall respect and preserve existing tree lines and only be supplemented with new plantings. This landscaped buffer screen shall be exclusive of all easements. The required buffer yard shall be exclusive of any required yard or building setback.
(2)
The buffer shall include a six-foot-tall high-quality and durable barrier such as opaque wood fence, masonry wall or architectural brick wall, or the like set at a minimum of 20 feet from the property boundary and shall be displayed in the project design companion per § 27-9C08.3. The fence shall be located between the landscape buffer screen planting and the area being developed.
(a)
A fence shall not be required when the required buffer is located in the floodplain.
(3)
The area between the required fence and property line shall be planted with a combination of evergreen and deciduous trees and shrubs and shall be displayed in the project design companion per § 27-9C08.3.
(4)
The fence and exterior landscaping shall be installed during the initial grading and site work.
ETV-3 District Lot Area, Width, Building Coverage, Height Regulations | |||||
|---|---|---|---|---|---|
Principal Use | Minimum Lot Area | Minimum Lot Width (feet) | Maximum Impervious Coverage | Maximum Building Coverage | Maximum Building Height2 (feet) |
Agriculture and forestry | 10 acres | 300 | 5% | 5% | 35 |
Mixed-use developments | 10 acres | 300 | 70% | 20% | 35 |
Single-family detached dwelling | 12,000 square feet | 80 | 70% | 20% | 35 |
Single-family attached dwelling1 | 2,750 | 22 | 70% | 30% | 35 |
Single-family semidetached dwelling | 3,500 square feet | 35 | 70% | 35% | 35 |
Facilities owned and operated by the Township | n/a | ||||
Nursing home or life care center | 3 acres | 300 | 70% | 20% | 35 |
Place of worship | 2 acres | 200 | 70% | 20% | 35 |
Public and private school | 4 areas | 250 | 70% | 20% | 35 |
All other uses unless otherwise specified or uses with on-lot sewage disposal | 1 acre | 100 | 50% | 20% | 35 |
NOTES: | |
1 | Maximum building length shall be 200 feet. |
2 | Excluding architectural features such as parapets, pitched roofs, clock towers or steeples and utility features such as elevator shafts and HVAC units not to exceed an additional 10 feet in height. |
§ 27-9C08 ETV-3 District Minimum Yard Requirements.
[Ord. No. 2019-10, 8/1/2019]
Principal Use | Minimum Front Yard (feet) | Side Yards (feet) | Rear Yard (feet) |
|---|---|---|---|
Mixed-use development | 25 to ultimate ROW of existing street | 10 | 25 |
All other uses unless otherwise specified | 25 | 10 | 25 |
§ 27-9C09 Special Regulations for Conditional Uses in ETV-3 District.
[Ord. No. 2019-10, 8/1/2019]
1.
Minimum yard dimension requirements shall be utilized regardless of proposed ownership (e.g., condominium or fee simple).
A.
All required buffers shall be observed and implemented.
2.
More than one principal use shall be permitted on a single lot or parcel if the uses are nonresidential or contain residential uses above nonresidential uses. Such uses shall have a building-to-building separation of at least 20 feet, unless the buildings are positioned in a clustered arrangement joined by common fire walls.
A.
More than one principal use shall be permitted in a single structure in the ETV-3 District as long as all parking requirements and all other provisions of this Chapter are complied with.
B.
A maximum contiguous multibuilding footprint of 25,000 square feet shall be permitted.
C.
Mixed-use buildings may be connected by a common shared wall if the configuration is provided in the Master Plan and project design companion and meets all other requirements of this section.
3.
A project design companion, including a coordinated set of drawings, reference photographs and notes, shall be prepared for buildings, street hierarchy and cross sections, landscape architecture, pedestrian circulation and public spaces within any proposed development. The project design companion shall include, but not be limited to:
A.
Architectural and landscaping standards.
B.
Building materials and facade treatments.
C.
Lighting.
D.
Pavilions, plazas and gazebos, street and plaza furniture.
E.
Screening of parking areas.
F.
Sidewalks and crosswalks, streetscape and buffer fencing.
G.
Signage.
H.
Water features and rain water harvesting or other amenities, as necessary.
4.
The project design companion shall be submitted with land development plans, during the conditional use or preliminary plan process, whichever comes first.
5.
Multifamily dwellings shall only be permitted when above the first floor of a nonresidential use. Such buildings shall be included in the Master Plan and project design companion with specific details showing ratio of residential space to commercial space.
6.
While the objective and intent of a land development or mixed-use development in the ETV-3 Zone is for all uses to be constructed simultaneously and harmoniously, in the event a land development or mixed-use development is submitted as a phased development, should a mix of uses between residential and commercial be proposed and approved, 50% of either type of use shall be allowed to be constructed standalone. Following this, no further permits for construction shall be issued until commencement begins on at least 30% of the alternate type of use via permit issuance and construction activities. Additionally, upon construction of a single 15,000 square foot anchor tenant, no permits shall be issued for the second 15,000 square foot anchor tenant building until at least 50% of all other approved mixed-use commercial and residential structures are under construction at the site.
7.
All on-site public amenities and infrastructure included in § 27-9C08.8.D(8)(o) shall be constructed during the first phase of any type of construction. All on-site fire hydrants shall be installed and operational during the first phase of any type of construction and operational before construction of the shell of the buildings in that phase.
8.
Mixed-use developments shall meet the following requirements:
A.
Uses permitted within conditionally approved mixed-use developments in the ETV-3 District.
(1)
Single-family attached dwelling.
(2)
Single-family detached dwelling.
(3)
Single-family semidetached dwelling.
(4)
Multifamily dwelling, only when located above office, commercial, dining or medical uses.
(5)
Bakery/confectioner.
(6)
Bank or financial institution.
(7)
Bed-and-breakfast.
(8)
Community center, adult education center or similar facility operated by an educational, philanthropic or religious institution (excluding schools).
(9)
Craft brewery, distillery or winery.
(10)
Cultural facilities, including art galleries, auditoriums, libraries, or museums.
(11)
Day-care center.
(12)
Medical, dental or office building with a maximum footprint of 15,000 square feet.
(13)
Office for business or nonprofit organization.
(14)
Personal service establishments including barber, beautician, shore repair, tailor, photographer, caterer, heath club, travel agency, computer or other information technology customer services, etc.
(15)
Place of worship.
(16)
Private educational facility such as school for dance, music, art, drama, martial arts or similar nonacademic courses, but excluding schools.
(17)
Professional services including (but not limited to) offices of real estate brokers, physicians, lawyers, clergymen, dentists, architects, engineers, insurance agents, opticians, etc.
(18)
Retail establishments with a maximum footprint of 15,000 square feet and meeting all other provisions of this section.
(19)
Restaurant without a drive-through.
(20)
Veterinary office or animal hospital.
B.
The overall density of residential uses shall not exceed five dwelling units per acre of the areas devoted only to residential uses.
C.
Minimum distance between buildings: 20 feet, unless buildings are positioned in a clustered arrangement joined by common firewalls.
D.
The following additional development criteria shall also apply to mixed-use developments:
(1)
Master Plan: A color coded Master Plan for the development shall be submitted with land development Plans that shows building massing, identification of public spaces, street hierarchy, significant natural or historic features, reserved or constructed natural areas and required or proposed recreation area.
(2)
The areas intended for residential and nonresidential/mixed-use development areas shall be delineated on the Master Plan.
(3)
The Master Plan shall show that a minimum of 40% of all site area is commercial/nonresidential in nature and shall not exceed 60% of total building footprint square footage proposed for the Master Plan.
(4)
The maximum number of dwelling units in a row shall be eight dwelling units or 200 feet in length, whichever is less.
(5)
Parking.
(a)
Shared parking shall be utilized within a mixed-use development; only single-family detached, single-family attached and single-family semidetached units may utilize private, nonshared parking.
(b)
Parking lots shall be screened from public right-of-way by a hedge or wall 24 inches to 36 inches in height.
(c)
On-street parking shall count towards required parking in the nonresidential/mixed-use area. On-street parking spaces shall be delineated by pavement striping.
(d)
Internal streets with on-street parking shall utilize landscaped bulb-outs at all intersections and mid-block pedestrian crossings in order to shorten the crossing distance for pedestrians.
(e)
Parking may not be located between a building and the street, except for on-street parking.
(6)
Residential neighborhoods, applicable to all residential dwellings except dwellings above nonresidential uses shall meet the following requirements:
(a)
The rear of a building shall not face a street (excluding alleys or driveways), unless the reverse frontage requirements of this code are utilized.
(b)
Garage doors shall face the side or rear of the lot and have ornamental features such as pinions, windows or trellis structures above and shall not be of any reflective finish. These shall be displayed in the project design companion in structure elevations.
(c)
All dwellings shall have pitched roofs.
(7)
All nonmultifamily dwelling units shall have an unenclosed front porch that extends across at least 50% of the portion of the building facing the street.
(a)
The porch shall be at least six feet in depth and may extend up to four feet into the required front yard or setback.
(8)
Nonresidential uses.
(a)
No stand-alone (detached) single user building shall be greater than 7,000 square feet with the exception of two anchor tenant structures up to 15,000 square feet building footprint each, as depicted on the Master Plan and in accordance with § 27-9C08.8.D.
(b)
Nonresidential buildings shall be oriented and arranged in clusters similar to those in a traditional main street pattern. The primary entrance to all uses shall face a public green, pedestrian plaza, the primary entrance side of other buildings, or an internal street with on-street parking. In no case shall the primary entrance of the building face a parking lot.
(c)
Up to one dwelling unit per 2,000 square feet of nonresidential building footprint area is permitted, or five dwelling units per acre for the entire mixed-use development gross tract area, whichever is less.
(d)
Main entrance doors shall face a public or private street with on-street parking.
(e)
All buildings shall have windows on all facades that face a street, making a minimum of 40% of each facade area.
(f)
Any length of structure longer than 70 feet shall include design elements such as architectural offsets, columns, pilasters, corbels, etc., that shall be included in the required project design companion for each proposed structure.
(g)
All buildings shall include defined pedestrian entrances/front entryways with architectural elements, awnings, overhangs, and other pedestrian-scale amenities on all facades that face a sidewalk and displayed in the project design companion.
 |
(h)
Pitched roofs or pitched parapet roofs tall enough to fully screen the view of rooftop mechanical equipment from existing streets shall be utilized along all facades that face a street or pedestrian amenity.
(i)
Appropriate pedestrian amenities (e.g., street trees, space for outdoor seating, bus waiting areas, benches, trash cans, mail boxes, sidewalk displays, public art, etc.) shall be provided along all street frontages with on-street parking and shown in a street hierarchy and cross-section plan within the Master Plan and project design companion.
 |
(j)
Dumpster or trash enclosures shall be attached to the structure they serve and shall be designed utilizing the same building materials and providing 100% shield of view from all public spaces, sidewalks, parking areas and streets.
(k)
Pedestrian Safety and Access.
1)
All uses shall be interconnected with landscaped walkways and crosswalks to avoid unnecessary vehicle trips.
2)
All pedestrian and exterior light sources shall comply with § 27-1805, Lighting, as amended, and be included in the submitted project design companion.
3)
Sight-obscuring shrubs and walls shall be avoided, except as necessary for buffering between commercial uses and lower-density residential districts, and then shall be minimized and included with the project design companion.
(l)
When restaurant use is possible, sidewalks shall be wide enough to provide for outdoor dining and a minimum five-foot clear access.
1)
All restaurant uses are encouraged to provide for outdoor seating space.
(m)
Bicycle racks or bicycle lockers shall be provided.
(o)
Public Spaces Required.
1)
Public spaces should be designed according to their use and location and can potentially include lawn-covered picnic, park or sitting areas, outdoor grilling and dining areas for residences, an impervious patio or plaza, or a similar type area.
2)
These spaces shall additionally include appropriately scaled landscaping, lighting and other features such as interpretive signage, public art and water features.
3)
All designs for public spaces shall be included within the Master Plan and the project design companion.
4)
Public spaces are "public" when they are within view of a street or other public space, accessible by pedestrians, and can be occupied by people.
5)
A contiguous public square or central open space shall be provided with an area equal to 50% of the footprint of all nonresidential and mixed-use structures or 35,000 square feet, whichever is greater.
[a]
This space shall include amenities including, but not limited to, appropriately scaled park or sitting areas, patios, plazas or outdoor dining space with landscaping, lighting and other features such as interpretive signage, public art and water features.
[b]
All designs for public spaces shall be included within the Master Plan and the project design companion.
6)
Public spaces shall be central to the mixed-use development and shall extend through residential and nonresidential areas.
7)
Contiguous public spaces may be divided by streets or sidewalks.
8)
Public spaces shall be surrounded and divided by easily accessible landscaped sidewalks or public paths.
9)
The minimum dimension, in any direction, for a public space shall be 50 feet.
§ 27-9C10 Highway Occupancy Permits.
[Ord. No. 2019-10, 8/1/2019]
1.
Highway occupancy permits are required to be obtained from PennDOT for all changes in use or new uses permitted under the provisions of this chapter.