Lower Macungie Township
City Zoning Code
City Zoning Code
PART 17
GENERAL REGULATIONS
§ 27-1701 Lot Area, Lot Width and Height Regulations.
[Ord. No. 2019-10, 8/1/2019]
1.
Projections into Required Yards.
A.
Cornices, eaves, sills or other similar architectural features, exterior stairways or other means of egress, chimneys or other similar structures that do not include space habitable by persons may extend or project into a required yard not more than two feet, except as may be required in a drainage and/or utility easement. Unenclosed front porches may extend five feet into any required front yard.
B.
The lot or yard requirements for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No required lot area or yard shall include any property, the ownership of which has been transferred subsequent to the effective date of this chapter, if such property was part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.
2.
Minimum Lot Area and Lot Area per Dwelling Unit. Where a minimum lot area is specified, no principal building or use shall be erected or established on any lot of lesser area, except as may be permitted in § 27-1701, Subsection 4.
3.
Minimum Lot Width.
A.
Where a minimum lot width is specified, no principal building shall be erected on any part of a lot which has a width of less than that which is specified in the section entitled, "Lot Area, Width, Building Coverage, Height Regulations," for the appropriate zoning district except as may be permitted by § 27-1701, Subsection 4.
B.
The lot width for a single-family semidetached dwelling and end units of a single-family attached dwelling shall be measured from the side lot lines to the centerline of the wall in common with an adjoining dwelling.
4.
Exceptions to Minimum Lot Areas and Lot Width. The provisions of Subsections 2 and 3 above shall not prevent the construction of a building, provided the yard requirements are observed on any lot which was lawful when created and which, prior to the effective date of this chapter, was in separate ownership duly recorded by plan or deed. Required yard areas may only be reduced for isolated vacant existing lots of record in built-up areas after review and approval by the Zoning Officer that the reduction is the minimum reduction consistent with adjacent existing development for a distance of 200 feet in any direction.
5.
Spacing of Nonresidential Buildings on the Same Lot. Where two or more principal buildings for other than residential uses are proposed to be built upon property in one ownership, they shall be separated by 50 feet side/rear yard setback.
6.
Set Back Lines and Building Restriction Lines. Side and rear yards are in addition to buffer yards except as provided in § 27-1803 and are measured from the ultimate right-of-way line.
7.
Front Yard Regulation and Exceptions to Front Yards.
A.
Corner lots in all residential zones fronting on two intersecting streets shall be considered to have two front yards, one rear yard and a side yard which shall be the minimum of the applicable zone. Dwellings which are situate on a diagonal shall maintain both front yard setbacks and shall have two side yards.
(1)
Where a minimum depth of front yard is specified in a district, an open space of at least the specified depth shall be provided between the future street right-of-way line or lines and the nearest point of any building or structure, except as may be permitted hereafter.
8.
Exception to Required Front Yard for Certain Accessory Uses. Subject to Subsection 7 above, the district's front yard requirements shall not apply to accessory signs and off-street parking facilities when explicitly permitted by this chapter.
9.
Side and Rear Yard Requirements. Where a minimum width of side yard is specified, no building, structure or tennis court shall be erected within the specified distance from either side lot line, except accessory uses as specified in § 27-1708. Side and rear yards are in addition to buffer yards except as provided in § 27-1803. Lots with a rear yard also facing upon a street shall comply with all double frontage specifications and requirements within this chapter.
10.
Maximum Height of Buildings.
A.
No building shall exceed the maximum building height standard specified in the relevant district regulations of this chapter, except that such standard shall not apply to farm structures, silos, water towers, church spires, belfries, solar energy collectors (and equipment used for the mounting or operation of such collectors), windmills, chimneys or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
B.
This exemption from structural height limitations shall be allowed only if these structures would not significantly diminish the solar access of other properties, especially uses at least partially dependent on passive or active solar energy for heating or other needs.
C.
All uses are subject to any applicable regulations of the Federal Aviation Administration and the Pennsylvania Aviation Administration regulating the heights or structures within proximity of any airport. Any structure designed to have a height of 150 feet or more above ground level must be approved by the Federal Aviation Agency and a written statement of approval must accompany the permit application.
11.
Multiple Uses.
A.
No more than one principal residential use shall be permitted on a single lot or parcel unless specified otherwise by this chapter. For purposes of this chapter, mixed-use and multifamily buildings shall be considered principal uses.
B.
Multiple uses in a single structure are permitted in the Commercial, Wescosville Commercial, Highway Commercial, Industrial, Highway Enterprise, Highway Industrial- Spring Creek, Spring Creek Commercial, ORLIC and all East Texas Village Zones as long as all parking requirements and all other provisions of this chapter are complied with.
C.
Any residential dwelling unit in such multiple-use structure shall have a minimum of 600 square feet.
§ 27-1702 Minimum Acreage for On-Lot Sewage Disposal.
[Ord. No. 2019-10, 8/1/2019]
1.
No new principal uses shall be placed on parcels of less than one acre without public sewer and water connections.
§ 27-1703 Establishment of Future Rights-of-Way Width for Roads.
[Ord. No. 2019-10, 8/1/2019]
1.
Minimum rights-of-way widths are established for those roads wherein the existing right-of-way is less than that indicated below for the particular class of road.
2.
The ultimate rights-of-way shall be measured from the centerline of the existing road. All front yards and other appropriate yards shall be measured from the ultimate right-of-way line. The specific classification of each road is shown on the official road classification plan which is hereby incorporated into and made a part of this chapter.
3.
Streets are classified as follows:
A.
Arterial Road. Designed for large volumes and high-speed traffic with access to abutting properties restricted.
B.
Collector Road. Designed to carry moderate to large volumes of traffic to intercept local (residential, commercial and industrial) streets, to provide routes to arterial roads and to community facilities, and to provide access to the abutting properties.
C.
Local Street. Designed to provide access to the abutting properties and a route to collector roads.
4.
Right-of-Way Widths.
Widths | Minimum Right-of-Way (feet) |
|---|---|
Arterial road | 100 |
Collector road | 80 |
Local street | 50 |
5.
Clear Sight Triangle.
A.
A clear sight triangle shall be provided at street intersections to ensure that traffic passing through the intersection has adequate sight distance to see and yield to approaching emergency vehicles. Such sight triangles shall be in accordance with the latest edition of AASHTO "A Policy on Geometric Design of Highways and Streets" and shall vary based upon the speed limit of the roadway as specified below:
Speed Limit (mph) | Triangle Leg Length (feet) |
|---|---|
25 | 115 |
30 | 140 |
35 | 165 |
40 | 195 |
45 | 220 |
50 | 245 |
55 | 285 |
B.
The distances specified above shall be measured as detailed in the schematic below. Clear sight triangles as specified herein shall not apply to driveways. Clear sight triangles for other conditions on roadways and driveways shall be as specified by the subdivision and land development Ordinance [Chapter 22A] of Lower Macungie Township, which requirements shall be in addition to the requirements of this section as applicable.
 |
§ 27-1704 Development on Collector and Arterial Roads.
[Ord. No. 2019-10, 8/1/2019]
1.
In order to encourage the sound development of highway frontage and to minimize traffic congestion and hazard, the following special provisions shall apply:
2.
All areas for off-street parking, off-street loading and unloading, and the storage or movement of motor vehicles shall be physically separated from the cartway by a raised curb, planting strip, wall or other suitable barrier against unchanneled motor vehicle entrances or exit, except for necessary accessways or access roads which supply entrance to and egress from such parking, loading or storage area. All parking areas or lots shall be designed to prohibit vehicles from backing out onto the street, and the capacity of each lot shall provide adequate storage area and distribution facilities upon the lot to prevent stacking of vehicles on a public street while awaiting entry to the lot.
3.
Each use with less than 100 feet of frontage on a public street shall have not more than one accessway to each such street, and no business or other use with 100 feet or more of frontage on a public street shall have more than two accessways to any one street for each 300 feet of frontage. Where practicable, access to parking areas shall be provided by a common service driveway or from a private street in order to avoid direct access to a public street. Where a lot has potential access to only a public street and has frontage on more than one public street, access shall be provided by the street of lowest collector status. In all cases, an attempt to reduce the number of curb cuts shall be clearly demonstrated to the Township.
4.
In the case of a shopping center, industrial park, office complex, group of multiple- or single-family attached dwellings or similar grouping or buildings on a lot, and in any other case where practicable:
A.
All buildings shall have principal access upon a service road, common parking lot or similar area and not directly upon a public street. However, if additionally fronting upon a street, pedestrian access shall be greatly encouraged and enforced, where required by this chapter.
B.
All points of vehicular access to and from a public street shall be located in accord with the provisions of § 22A-704.3.F, Lot Access, of SALDO; provided, however, that such a point of vehicular access, which in effect converts a three-way intersection into a four-way intersection, shall be permitted.
C.
Provision shall be made for safe and efficient ingress and egress to and from public streets and highways serving the center, or other unified development, without undue congestion to, or interference with, normal traffic flow within the Township.
D.
All streets and accessways shall conform to the specifications determined by the Township Engineer and the requirements of the Township subdivision regulations. Provision shall be made for adequate signalization, turn, standby and deceleration lanes, and similar facilities where desirable.
5.
All driveway entrances other than those related to a dwelling or farm shall be adequately illuminated so as to permit the safe location and use thereof during night hours of use at no cost to the Township.
6.
Uncontrolled direct vehicular access to the entire lot frontage shall be prohibited. (See § 27-2303, Subsection 3.)
7.
When direct access to an arterial or collector road cannot be avoided, adequate turnaround space shall be provided behind the right-of-way line.
§ 27-1705 Mobile Home/Manufactured Housing Siting.
[Ord. No. 2019-10, 8/1/2019]
1.
All mobile home placements on an individual lot shall occur in accord with the following provisions:
2.
The area of the mobile home stand shall be improved to provide an adequate foundation for the placement of the mobile home.
3.
The stand shall be constructed from material sufficient to adequately support the mobile home and prevent abnormal settling or heaving under the weight of the home. The corners of the mobile home shall be anchored to prevent wind overturn and rocking with tie-down such as concrete "dead-men," screw augers, arrowhead anchors, other devices suitable to withstand a tension of at least 2,800 pounds.
4.
After a mobile home has been anchored to the mobile home stand, the hitch which is employed for the transportation of the unit shall be removed if feasible, and there shall be a skirt installed around the base of the unit.
§ 27-1706 Filling of Excavation Pits, Quarry Holes, Burrows and Mines.
[Ord. No. 2019-10, 8/1/2019]
No portion of any excavation pit, hole, burrow, mine or quarry or the like shall be filled without a grading and stormwater management plan approved by the Township Engineer.
§ 27-1707 Buffer Yards for Nonresidential and Nonagricultural Uses.
[Ord. No. 2019-10, 8/1/2019]
1.
All nonresidential and nonagricultural uses will have a ten-foot buffer yard along the side and rear lot lines except as noted below and in Part 24. The following buffer yard requirements exist:
A.
Fifty-foot for cemetery, outdoor storage of materials, petroleum pumping facilities and storage tanks and places of worship unless stated otherwise in this chapter.
§ 27-1708 Residential Accessory Uses.
[Ord. No. 2019-10, 8/1/2019]
1.
No accessory use shall be located within any easement.
2.
Accessory uses or structures on the same lot which are customarily incidental to the permitted use and primary structure are permitted by right. The term "accessory use" shall not include a business except home occupations, farm stands, permitted wineries and accessory recreational agricultural activities, per this chapter. The following uses shall comply with all yard regulations of the applicable zoning district, except as modified below, and applicable provisions listed below.
A.
Residential common elements to buildings or structures or use including, but not limited to:
(1)
Parking spaces for the parking of passenger automobiles. The parking of commercial vehicles is prohibited, except for a maximum of two vehicles, each of which does not exceed a 3/4-ton loading capacity, and which are needed for travel to and from work by residents of the principal building. No parking area or drive shall be located closer than five feet to a side or rear lot line, unless the adjacent lot contains a building attached at the lot line.
(2)
Fences and walls shall not exceed six feet in height in side or rear yard areas. Fences in a front yard shall be no more than four feet in height on any lot less than 1.5 acres and may be up to six feet in a front yard on lots more than 1.5 acres. All front yard fences shall be transparent in style such as black wrought iron or black aluminum or wooden post and rail/post and board. Fences made of chain link or an opaque privacy style fences shall be prohibited within any front yard. No fence shall be fitted with barbed wire or razor wire. The fence shall not unsafely obstruct the view of a vehicle operator entering or exiting a driveway within a clear sight triangle. Fences and walls shall be no closer than two feet to a property line unless there is a letter of consent from the adjacent property owner in which case they may be positioned on the property line. An exception is along the common property line where there is a common wall for single-family attached dwellings and semidetached dwellings where fences will be permitted within the property boundaries up to the property line.
(a)
In no case shall any fence or wall be located in the ultimate street right-of-way or interfere with a clear sight triangle as described in § 27-1703, nor shall fences or walls obstruct a clear sight distance area.
(3)
Private buildings and structures such as tennis courts, private bath houses (serving only pools accessory to principal residences) and greenhouses are allowed only in side and rear yard areas, and shall be no closer than 10 feet to a side or rear lot line and shall be buffered by landscaping from adjacent property.
(4)
Decks and patios are allowed only in side and rear yard areas, but shall be no closer than 10 feet to a side lot line or rear lot line. An exception is along the common property line where there is a common wall for single-family attached dwellings and semidetached dwellings where decks and patios will be permitted within the property boundaries up to the property line.
(5)
A detached garage or carport shall be allowed no closer than between 10 feet to the rear or side lot lines unless the dwelling unit has a common wall structure. An exception is along the common property line where there is a common wall for single-family attached dwellings and semidetached dwellings. The maximum building height shall not exceed 18 feet in height.
(6)
Storage sheds (not to exceed 144 square feet), swingsets, play structures and the like are allowed only in side and rear yard areas and may be no closer than five feet to a side or rear line. Skateboard ramps must meet required building setbacks. The maximum building height shall not exceed 12 feet in height.
B.
Farm Stand. Farm stand not exceeding 144 square feet of gross floor area for the sale of farm, nursery or greenhouse products produced on the premises where offered for sale provided:
(1)
The stand shall not interfere with the clear sight triangle.
(2)
The stand and parking for vehicles shall be provided outside of the ultimate street right-of-way in compliance with the provisions of Part 23.
C.
Recreational vehicles or units when stored outside shall be stored only in the rear or side yard of the principal structure. The recreational vehicle or unit shall be no closer than five feet to a side yard line or 10 feet to a rear property line. Recreational vehicles may not be utilized as accessory dwelling units or structures upon a lot.
D.
Private swimming pools shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:
(1)
A permit shall be required to locate, construct or maintain a private swimming pool.
(2)
Such pool shall be located in a rear or side yard only. In no case shall an above- or in-ground pool, its accessory structures and equipment, and paving or deck, be located within 10 feet of a side or rear property line within any easement or under any electrical lines.
(3)
Every in-ground private swimming pool shall be entirely enclosed with a chain link, wooden or other equivalent fence of not less than four feet in height with a self-latching gate. Above-ground pools on any lot on which the entire perimeter of the pool is a minimum of four feet above adjacent finished grade shall not require a fence (with exception to pool entrance/exit).
(4)
If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.
(5)
If the water for such pool is supplied from the public water supply system, the inlet shall be above the overflow level of said pool.
(6)
No permit shall be granted for the installation or construction of any in-ground pool or above-ground pool unless the Township Engineer has certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.
(7)
No permanent loud speaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property or lot where such pool is located.
(8)
No lighting or spot light shall be permitted which will shine directly upon or beyond the bounds of the property or lot where such pool is located.
E.
Garage Sales. No more than three garage sales in any one year shall be allowed on any individual lot; a single garage sale may only last for 11 hours on a single day counting towards the permissible number per year, only between the hours of 7:00 a.m. and 6:00 p.m. All items for sale shall be cleared immediately upon completion of the event.
F.
Household pets shall be allowed as defined in this chapter. Livestock or poultry may be maintained as household pets provided that:
(1)
No more than four may be maintained at any one time;
(2)
The parcel must be an acre or more;
(3)
The pet must be maintained within a fenced area set back at least 25 feet from all property boundaries;
(4)
Buffer screening shall be maintained in accordance with § 27-1803.1.G;
(5)
Proper waste management practices are observed.
G.
Amateur radio antennas according to the following requirements:
(1)
Poles, masts and towers for supporting antenna used in the operation of amateur radio stations shall not exceed 75 feet in height.
(2)
All poles, masts, towers and guy wires for supporting antenna shall not be placed any closer than five feet to an ultimate right-of-way line or property line, or closer than one foot to an easement.
(3)
If a beam type of antenna is installed, no element or part of such beam type array antenna shall extend closer than five feet to an ultimate right-of-way line or property, or closer than one foot to an easement.
(4)
All such installations shall conform to the requirements of all adopted building codes and the Federal Communications Commission (FCC) regulations governing amateur radio services.
H.
No-Impact Home-Based Business. This use shall be considered as a by-right accessory use in all districts.
I.
Home Occupation. A home occupation shall be permitted by right as an accessory use to a dwelling only, provided said accessory use complies fully with all criteria of § 27-2406.1.R of this chapter.
J.
Temporary Structure or Use. A temporary permit may be issued by the Zoning Officer for structures or uses necessary during construction of the same lot, subdivision, or land development, or other special circumstances of a nonrecurring nature subject to the following additional provisions:
(1)
The life of such permit shall not exceed one year. Continuance shall require a new application following expiration.
(2)
Such structure or use shall be removed completely upon expiration of the permit or upon substantial completion (whichever occurs first) without cost to the Township.
(3)
Construction trailers shall be exempt from this requirement and shall be removed upon completion of any development.
K.
Winery. A winery is a use accessory to the principal use of a vineyard and provides for the sale of wine and related products, wine-tasting, and instruction on the wine-making process.
(1)
The maximum floor area devoted to serving the customer shall be 2,500 square feet. Floor area devoted to serving the customer shall include any area for customer access and circulation, for the display of products including floor area devoted to counters, tables, display cases, preparing products for customers and similar purposes. Floor area not included in the area devoted to serving the customer includes display area outside the building or structure as well as inside floor area for storage and processing of wine where customer access is restricted, except for instructional tours related to the wine-making process.
(2)
The use of the space within or outside of the winery facility for special events such as parties, receptions or banquets is permitted in accordance with the following standards. Restaurant uses are not permitted.
(a)
Use of winery for special events shall be an accessory use to the principal vineyard use. At least two acres of vineyard are required to qualify for a winery facility.
(b)
Minimum tract area required for special events: 15 acres.
(c)
No activity, event or structure associated with a special event shall be located within 150 feet of any property line, except that parking areas may be located within 50 feet of property lines.
(d)
Special events are limited to: educational tours; weddings, receptions, or parties; and educational seminars, workshops, or meetings.
(3)
Parking Requirements. One off-street parking space for each 200 square feet of area floor area devoted to serving the customer.
L.
Accessory Recreational Agricultural Activity. The use of a farm for educational tours, seasonal or harvest festivals related to products grown on the farm, craft fairs, hayrides, corn mazes, holiday light displays and horse shows.
(1)
An accessory recreational agricultural activity use shall be an accessory use which is subordinate and clearly incidental to the principal farming use.
(2)
All accessory recreational agricultural activities shall meet the requirements of the appropriate state, local, county, or regional agency concerning water supply, sewage disposal, and restroom facilities.
(3)
Each accessory recreational agricultural activity must receive a separate zoning permit.
(4)
Minimum lot area required: 25 contiguous acres.
(5)
The recreational uses permitted include, but are not necessarily limited to: educational tours, seasonal or harvest festivals related to products grown on the farm, craft fairs, hayrides, corn mazes, holiday light displays and horse shows.
(6)
No entertainment event shall continue past 11:00 p.m.
(7)
Specific farm entertainment uses are subject to the following regulations on frequency and duration:
(a)
Educational Tours. An annual permit is necessary to operate education tours. This permit shall specify the number of days per year that educational tours will take place on the farm.
(b)
Halloween Hayrides and Haunted Houses. A permit shall be required. Halloween hayrides and haunted houses may operate from the last Saturday in September through the first Sunday in November, only.
(c)
Seasonal or Harvest Festivals. A permit shall be required for each seasonal festival. Seasonal or harvest festivals may include pumpkin patches, corn mazes, holiday tree and lighting festival, and apple, peach and strawberry festivals which correspond to products grown on the property and offered for sale to the public.
(d)
Craft Fairs. A permit shall be required for each craft fair. No more than four craft fairs shall be permitted per farm per calendar year. The duration of a single craft fair shall not exceed four days.
(e)
Horse Shows. A permit shall be required for each horse show.
(8)
Parking for Farm Entertainment Uses. Off-street parking areas shall be provided in designated areas to accommodate all attendees at any special event, seasonal festival, craft fair, hayrides, or other permitted event subject to review and approval by the Township.
(9)
A traffic control plan must be submitted to and approved by the Township prior to receiving a permit for craft fairs, horse shows, seasonal festivals, haunted houses, or hayrides.
(10)
Lighting. Lighting may be used for special events for the duration of the event only and may not shine or produce glare on adjacent properties.
(11)
Any accessory entertainment use shall provide for a fifty-foot setback from any residence with the exception of harvesting or "pick your own" produce or crops.
(12)
Signs. A total of 32 square feet of sign area shall be permitted. The sign area may be divided into no more than two signs. The signs may be put in place no more than two weeks prior to the event and must be removed within five days of the conclusion of the event. No more than 32 square feet of sign area for the farm entertainment use shall be permitted at any time on any one property. The signs must have a sign permit and shall be subject to all applicable requirements of Part 22.
M.
Accessory Residential Dwelling. One dwelling accessory to a single-family detached dwelling permitted subject to the conditions of this paragraph. The intent of these provisions is to allow for related family members to reside on the premises but to prohibit the creation of for-profit apartments where multifamily housing is not otherwise permitted.
(1)
The accessory residential dwelling may contain separate cooking, sleeping, living, and bathroom facilities.
(2)
The accessory residential dwelling shall be part of the principal residence or may be contained in an existing accessory structure such as a garage. No new separate detached structures on the same lot with the principal residence shall be permitted to be constructed for this use. The accessory dwelling unit shall not be located in basement areas (area having 1/2 or more of its floor-to-ceiling height below the average level of the adjoining ground) except where at least one wall of the accessory apartment is at grade level with direct access to the outside from the accessory apartment.
(3)
The accessory residential dwelling shall be occupied only by family members.
(4)
There shall be no changes to the exterior of the residence which suggest that the dwelling unit is other than a single-family detached dwelling or which otherwise detract from the single-family character of the neighborhood.
(5)
No more than one accessory residential dwelling shall be permitted per single-family detached dwelling.
(6)
Each accessory residential dwelling must be permitted by the Township Zoning Officer who shall keep a record of its use to insure that the intent of this chapter is being met.
(7)
A restriction shall be placed in the deed for the property noting that the accessory residential dwelling may be used only in a manner which complies with this chapter and not as a rental apartment unit.
(8)
The applicant shall provide evidence that the septic system is properly permitted and is adequate to safely treat and dispose of additional wastewater generated by the residents of the accessory residential dwelling.
N.
Wind Turbines. A permit may be issued by the Zoning Officer for a wind turbine subject to the following conditions:
(1)
All electrical wiring leading to or from a wind turbine must be buried below the surface of the ground and installed in accordance with applicable electrical codes.
(2)
No wind turbine shall be erected: (a) within 20 feet plus the turbine height from any structure, above-ground utility, property line or public road ultimate right-of-way (said measurement shall begin at the base of the tower and extend to the edge of the rotor at its highest point); or (b) within any required front, rear or side yard.
(3)
A wind turbine shall comply with all laws and regulations promulgated by the Federal Aviation Administration.
(4)
A wind turbine shall be coated with a nonreflective surface and shall not contain any advertising.
(5)
The turbine height shall not exceed 35 feet.
(6)
A wind turbine shall be equipped with a redundant braking system or other equivalent braking system to prevent over-speeding.
(7)
A wind turbine shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8)
A wind turbine shall not be climbable up to a minimum of 15 feet above ground surface and all access doors to a wind turbine or associated electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(9)
A wind turbine shall mainly provide power for the principal use and/or accessory use of the property on which the wind turbine is located and shall not be used for the generation of power for the direct sale of energy to other users. However, this provision shall not prohibit the sale of excess power generated from time to time to a local utility company.
(10)
A wind turbine shall not be located on a lot that is less than two acres in area.
(11)
The tips of the rotor of a wind turbine shall, at all times, be a minimum of 10 feet above the ground. This shall be measured from the ground at the base of the wind turbine and shall extend to the tip of the rotor at its lowest point.
O.
Solar Panels. A permit may be issued by the Zoning Officer for solar panels subject to the following conditions:
(1)
A solar panel shall provide power for the principal use and/or accessory use of the property on which the solar panel is located and shall not be used for the generation of power for the sale of energy to other users. However, this provision shall not prohibit the sale of excess power generated from time to time to a local utility company.
(2)
Solar panel installations that provide power in excess of 10 kilowatt hours shall not be considered an accessory use in any residential district.
(3)
The combined height of solar panels and the building on which they rest shall not exceed the maximum building height permitted by this chapter.
(4)
Solar panels may not be used for advertising.
(5)
Any solar panel installed as a freestanding ground-mounted unit: (a) shall be set back at least 20 feet from all property lines in all zoning districts; (b) shall have a maximum height, which shall be measured from the lowest elevation of the ground beneath the panel to the highest portion of the panel, not exceeding 15 feet; (c) shall be installed only in rear or side yards in residential zoning districts; (d) shall include exterior electrical and/or plumbing lines buried below the surface of the ground; and (e) shall include that above-ground mechanical equipment be screened from view by dense vegetation or fence.
(6)
When solar panels are used as a car port or vehicle shelter, the maximum height of the solar panels may be 25 feet.
P.
Clubhouses, swimming pools, community recreation areas owned and operated by a homeowners' association or condominium associations shall meet all required provisions of this chapter.
Q.
Residential accessory leisure camping is permissible by homeowners/property owners and their guests if no fee is charged and tents are erected temporarily and dismantled following use.
§ 27-1709 Nonresidential Accessory Uses.
[Ord. No. 2019-10, 8/1/2019]
1.
Accessory uses on the same lot and customarily incidental to the permitted use are permitted by right. The term "accessory use" may include the following uses which shall comply with all applicable provisions stated for them:
A.
Accessory buildings such as garages and buildings related to the proposed use and meeting the same yard requirements as the principal buildings.
B.
Off-street parking and loading areas in accordance with Part 23.
C.
Signs in accordance with Part 22.
D.
Temporary structures or uses in accordance with § 27-1708.2.J.
E.
Outdoor storage use areas for equipment supplies and materials provided that they are screened from view of adjacent properties and streets. Temporary storage units such as "pods" or other shipping containers may only be placed or located on an existing driveway or in the street at the curb if abiding by all other provisions of Lower Macungie ordinances. Such temporary storage units must be removed within 30 days of their initial arrival on a lot or site.
F.
The storage of crude oil or any of its volatile products or other highly flammable liquids as an accessory use in underground tanks, provided that no individual tank shall have a capacity greater than 10,000 gallons. Propane liquefied gas may be stored above or underground.
G.
Fences and walls shall not exceed eight feet in height and be no closer than three feet to a property line unless there is a letter of consent from the adjacent property owner and in no case shall it be located in the existing street right-of-way. In no case shall any fence or wall be located in the ultimate street right-of-way or interfere with a clear sight triangle as described in § 27-1703, Subsection 5, nor shall fences or walls obstruct a clear sight triangle.
H.
Buffer areas: See § 27-1803.
I.
Satellite dish antennas greater than 24 inches in diameter according to the following requirements:
(1)
Ground-mounted satellite dish antennas up to 12 feet in diameter may be permitted subject to the following criteria:
(a)
All installations must comply with all other accessory use, yard, height, bulk and setback requirements specified within the district.
(b)
All installations shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.
(c)
All installations shall employ (to the extent possible) materials and colors that blend with the surroundings.
(d)
All installations must include a dense planting screen located along the antenna's nonreception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. Such treatments should completely enclose the antenna. Treatments along the nonreception window axes shall be equal to or greater than the height of the antenna when planted.
(e)
Antennas shall be erected or maintained to the rear of the main building, except in those instances when the subject property is a cul-de-sac or corner lot where the side yard is larger than the rear yard in which case the antenna may be located in said side yard as long as the side yard setback is retained. No portion of the antenna array shall extend beyond the front wall of the main building on a lot. Guywires shall not be anchored within any front yard area, but may be attached to the building.
(2)
Roof-mounted satellite dish antennas up to 12 feet in diameter may be permitted subject to the following criteria:
(a)
Demonstration by the applicant that compliance with sections of this chapter would result in the obstruction of the antenna's reception window; furthermore, such obstruction involves factors beyond the control of the applicant.
(b)
The height of the proposed installation does not exceed the maximum height restriction imposed upon primary uses within the district.
J.
Amateur radio antennas according to the following requirements:
(1)
Poles, masts and towers for supporting antenna used in the operation of amateur radio stations shall not exceed 75 feet in height.
(2)
All poles, masts, towers and guy wires for supporting antenna shall not be placed any closer than five feet to an ultimate right-of-way line or property line, or closer than one foot to an easement.
(3)
If a beam type of antenna is installed, no element or part of such beam type array antenna shall extend closer than five feet to an official right-of-way line or property, or closer than one foot to an easement.
(4)
All such installations shall conform to the requirements of the National Electrical Code and the Federal Communications Commission (FCC) regulations governing amateur radio services.
K.
Home occupations.
(1)
Home Occupation. A home occupation shall be permitted by right as an accessory use to a dwelling only, provided said accessory use complies fully with all criteria of § 27-2406.1.R of this chapter. No home occupation may occur within a structure that is not the primary dwelling unit of the resident.
L.
Wind Turbines. A permit may be issued by the Zoning Officer for a wind turbine subject to the following conditions:
(1)
All electrical wiring leading to or from a wind turbine must be buried below the surface of the ground and placed in accordance with applicable electrical codes.
(2)
No wind turbine shall be erected: (a) within 20 feet plus the turbine height from any structure, above-ground utility, property line or public road (said measurement shall begin at the base of the tower and extend to the edge of the rotor at its highest point); or (b) within any required front, rear or side yard.
(3)
A wind turbine shall comply with all laws and regulations promulgated by the Federal Aviation Administration.
(4)
A wind turbine shall be coated with a nonreflective surface and shall not contain any advertising.
(5)
The turbine height shall not exceed 35 feet.
(6)
A wind turbine shall be equipped with a redundant braking system or other equivalent braking system to prevent over-speeding.
(7)
A wind turbine shall not be artificially lit, except to the extent required by the Federal Aviation Administration or other applicable authority that regulates air safety.
(8)
A wind turbine shall not be climbable up to a minimum of 15 feet above ground surface and all access doors to a wind turbine or associated electrical equipment shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
(9)
A wind turbine shall mainly provide power for the principal use and/or accessory use of the property on which the wind turbine is located and shall not be used for the generation of power for the direct sale of energy to other users. However, this provision shall not prohibit the sale of excess power generated from time to time to a local utility company.
(10)
A wind turbine shall not be located on a lot that is less than two acres in area.
(11)
The tips of the rotor of a wind turbine shall, at all times, be a minimum of 10 feet above the ground. This shall be measured from the ground at the base of the wind turbine and shall extend to the tip of the rotor at its lowest point.
M.
Solar Panels. A permit may be issued by the Zoning Officer for solar panels subject to the following conditions:
(1)
A solar panel shall provide power for the principal use and/or accessory use of the property on which the solar panel is located and shall not be used for the generation of power for the sale of energy to other users. However, this provision shall not prohibit the sale of excess power generated from time to time to a local utility company.
(2)
Solar panel installations that provide power in excess of 10 kilowatts shall not be considered an accessory use in any residential district.
(3)
The combined height of solar panels and the building on which they rest shall not exceed the maximum building height permitted by this chapter.
(4)
Solar panels may not be used for advertising.
(5)
Any solar panel installed as a freestanding ground-mounted unit: (a) shall be set back at least 20 feet from all property lines in all zoning districts; (b) shall have a maximum height, which shall be measured from the lowest elevation of the ground beneath the panel to the highest portion of the panel, not exceeding 15 feet; (c) shall be installed only in rear or side yards in residential zoning districts; (d) shall include exterior electrical and/or plumbing lines buried below the surface of the ground and placed in a conduit; and (e) shall include that above-ground mechanical equipment be screened from view by dense vegetation or fence.
(6)
When solar panels are used as a carport or vehicle shelter, the maximum height of the solar panels may be 25 feet.
N.
Daycare for Children, provided as an accessory use to a commercial or industrial use.
(1)
A letter from the Pennsylvania Department of Public Welfare that all state regulations for day-care centers have been met would be provided before the issuance of an occupancy certificate.
(2)
Daycare services are permitted only to children, siblings, or dependents of the employees of the commercial or industrial use.
(3)
The daycare facility shall be fully inside the industrial or commercial use.
(4)
Advertisement of the daycare, visible by the general public, shall not be permitted.
(5)
A safe pick-up and drop-off area shown on a plan, to scale, submitted, reviewed and approved by the Township.
O.
Commercial, Nonresidential Accessory Camping. This use shall be classified as a nonprofit, private or commercial recreation use per this chapter and require all necessary permits.
