Muhlenberg Township
City Zoning Code
City Zoning Code
ARTICLE VI
Special Overlay Districts
§ 355-36 Statement of intent.
A.
The purpose and objective of the special overlay districts is to implement the goals, objectives and policies of the Muhlenberg Township Comprehensive Plan which pertain to land use planning and economic development. In order to strategically implement these goals, objectives and policies, the following special overlay districts are hereby established:
Adaptive Reuse and Redevelopment Overlay District |
Airport Overlay District |
Business Route 222 Overlay District |
Bypass Interchange District |
B.
The special overlay districts incorporated under this article include provisions to supplement and enhance the existing underlying district regulations for certain land areas and zoning districts. These supplemental regulations should not replace the existing underlying zoning district regulations. In cases where the special overlay districts should overlap, the more restrictive standards shall apply.
C.
The land and water areas encompassed by the special overlay districts shall be subject to the interpretation of the Zoning Officer or by a qualified professional, as designated by the Board of Commissioners.
D.
Should a dispute arise concerning the interpretation of the boundaries or limits of those land or water areas encompassed by the special overlay districts, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.
§ 355-37 Adaptive Reuse and Redevelopment Overlay District.
A.
The Adaptive Reuse and Redevelopment Overlay District shall be a special overlay to the underlying Village (C-1) Zoning District, Shopping Center (C-2) Zoning District, Highway Commercial (C-3) Zoning District, Limited Industrial (I-1) Zoning District and the Heavy Industrial (I-2) Zoning District. The objectives of this special overlay district are outlined as follows:
(1)
To permit the planned reuse, division and/or redevelopment of existing buildings, structures and land areas within the C-1, C-2, C-3, I-1 and I-2 Zoning Districts, subject to specific design criteria and procedural requirements.
(2)
To retain and expand existing businesses in order to preserve a sound tax base and provide employment opportunities.
(3)
To provide incentives to occupy vacant commercial and industrial land uses.
(4)
To pursue economic development targets that will build upon the existing commercial and industrial base.
(5)
To maintain a positive relationship with the local business community.
(6)
To implement the recommendations concerning land use planning and economic development, as outlined within the Muhlenberg Township Comprehensive Plan.
B.
The provisions for adaptive reuse and redevelopment, as specified under this section of the chapter, shall apply to all permitted uses and land areas within the C-1, C-2, C-3, I-1 and I-2 Zoning Districts.
C.
Land uses permitted within the Adaptive Reuse and Redevelopment Overlay District, subject to the criteria established in this section of the chapter:
(1)
The land uses permitted by right, conditional use and/or special exception in the underlying C-1 Zoning District shall be permitted by conditional use as part of the Adaptive Reuse and Redevelopment Overlay District, provided that the uses are located within the C-1 Zoning District. As part of the conditional use application, the Board of Commissioners may consider a combination of nonresidential uses within the existing buildings on the property, provided that such combination of nonresidential uses are generally compatible with the existing land use characteristics of other properties within 500 feet of the property being considered for adaptive reuse.
(2)
The land uses permitted by right, conditional use and/or special exception in the underlying C-2 and C-3 Zoning Districts shall be permitted by conditional use as part of the Adaptive Reuse and Redevelopment Overlay District, provided that the uses are located within the C-2 or C-3 Zoning District. As part of the conditional use application, the Board of Commissioners may consider a combination of nonresidential uses on the property or within the existing buildings on the property, provided that such combination of nonresidential uses is generally compatible with the existing land use characteristics of other properties within 500 feet of the property being considered for adaptive reuse.
(3)
The land uses permitted by right, conditional use and/or special exception in the underlying I-1 and I-2 Zoning Districts shall be permitted by conditional use as part of the Adaptive Reuse and Redevelopment Overlay District, provided that the uses are located within the I-1 or I-2 Zoning District. As part of the conditional use application, the Board of Commissioners may consider a combination of nonresidential uses on the property or within the existing buildings on the property, provided that such combination of nonresidential uses is generally compatible with the existing land use characteristics of other properties within 500 feet of the property being considered for adaptive reuse.
D.
The minimum or maximum area, yard, height and coverage requirements shall not apply to any proposed use, provided that it is located within an existing building or structure, which is located within the C-1, C-2, C-3, I-1 and I-2 Zoning Districts.
E.
All proposed facility expansion projects, external structural development projects and/or land development projects must comply with the following criteria:
(1)
For nonresidential properties that are located adjacent to commercial or industrial zoning districts, the minimum or maximum area, yard and height requirements of the underlying C-1, C-2, C-3, I-1 and I-2 Zoning Districts may not apply to the proposed use or uses involving adaptive reuse and redevelopment. All such modifications to the dimensional requirements of the C-1, C-2, C-3, I-1 and I-2 Zoning Districts shall be subject to the approval of the Muhlenberg Township Board of Commissioners as part of a conditional use application.
(2)
For nonresidential properties that are adjoining to a residential zoning district or municipal boundaries, the minimum or maximum area, yard and height requirements shall be subject to the requirements of the underlying C-1, C-2, C-3, I-1 or I-2 Zoning District. For the purpose of this § 355-37, the term "adjoining" shall be considered as the state of land or water areas next to each other and not physically separated by a road classified as a collector, arterial or expressway, or by an active railroad line.
(3)
Unless otherwise permitted as part of a conditional use application, all proposed expansion projects must comply with the maximum building and lot coverage requirements of the underlying C-1, C-2, C-3, I-1 or I-2 Zoning District. As part of the conditional use application, the Board of Commissioners may consider an increase in the maximum building and lot coverage requirements, provided that the applicant demonstrates the following: that there will be no adverse effects to adjacent property owners; that the stormwater management and erosion control facilities are sufficient to accommodate any increase in impervious surfaces; and that additional landscaping features are integrated into the overall design.
(4)
The design and dimensional provisions pertaining to landscaping, buffer yards, exterior lighting, internal access drives, off-street parking, off-street loading, and stormwater management, as further specified under this Chapter 355 of the Muhlenberg Township Code, may be modified as part of a conditional use application submitted to Muhlenberg Township. As part of the conditional use application, the applicant must demonstrate the following: that there will be no adverse effects to adjacent property owners; that the standard design and dimensional provisions cannot be applied based upon the existing site conditions; and that the proposal is consistent with the goals and objectives for adaptive reuse and redevelopment. The Board of Commissioners may attach reasonable conditions and safeguards.
F.
The provisions for adaptive reuse and redevelopment may be applied to the total land area owned by the applicant or to a part of the total land area owned by the applicant. Subdivision and land development activity may be permitted, provided that such applications comply with the applicable provisions established by Muhlenberg Township. Alternative methods for subdivision and land development may be permitted as part of a conditional use application, which shall be subject to the review and approval of the Muhlenberg Township Board of Commissioners. All such conditional use applications shall only be considered if they are consistent with the goals and objectives for adaptive reuse and redevelopment.
G.
All projects considering adaptive reuse which involve the division of the internal building or structural space of an existing building shall be subject to all pertinent requirements for subdivision and land development, as specified under Chapter 310, Subdivision and Land Development, of the Muhlenberg Township Code. The perimeter of all divided areas or subcomponents of the principal building shall be described by bearings and distances. All such applications may be permitted as part of a conditional use application, which shall be subject to the review and approval of the Muhlenberg Township Board of Commissioners. All such conditional use applications shall only be considered if they are consistent with the goals and objectives for adaptive reuse and redevelopment.
H.
The divided or subcomponents of an existing principal building may be either owned by fee-simple deed or leased as an industrial condominium. All deeds or lease agreements shall contain a description of the occupied land area, by bearing and distances, the existing and proposed facility improvements, a maintenance agreement, a list of restrictive covenants, and all other relevant documentation required by the Muhlenberg Township Solicitor and Engineer. The deed or lease agreement shall be subject to the approval of the Muhlenberg Township Board of Commissioners and shall be recorded with the Berks County Recorder of Deeds.
I.
As part of the subdivision and land development plan, the applicant shall prepare and submit an environmental impact assessment (EIA) report to Muhlenberg Township. The EIA report shall contain text, tables, floor plans, maps and analyses, which document the probable environmental impact resulting from the previous use to the new use, and the mitigation proposed to offset any environmental impacts or hazards.
J.
As part of the subdivision and land development plan, the applicant shall prepare and submit a traffic impact study to Muhlenberg Township. The traffic impact study shall contain text, tables, maps, analyses and recommendations, which document the probable traffic impacts resulting from the previous use to the new use. This requirement may be waived if the applicant provides supporting documentation to indicate that the proposed use will not create additional traffic problems on all streets within 3,000 feet of the existing building or as directed by the Muhlenberg Township Engineer.
L.
All individual uses considering adaptive reuse shall be required to have separate sanitary sewer connections, water supply connections, and all other utilities servicing the property. All utility connections shall be installed in accordance with all specifications adopted by Muhlenberg Township and the public utility company providing service to the use.
M.
All uses shall be planned and designed to minimize and reduce light, noise and air emissions onto adjacent properties. Where feasible, buffer yards and landscaping enhancements should be established around the perimeter of the property.
N.
All uses shall comply with the minimum building code requirements, as specified by Muhlenberg Township and by the Pennsylvania Department of Labor and Industry. Prior to the issuance of a use and occupancy permit for the proposed use, the applicant shall provide evidence to Muhlenberg Township that all plans and permits have been approved by all pertinent local, state and federal agencies.
§ 355-38 Airport Overlay District.
A.
This section is adopted pursuant to the authority conferred by the Airport Zoning Act and the Pennsylvania Municipalities Planning Code.[1] It is hereby found that an obstruction has the potential for endangering the lives and property of users of the Reading Regional Airport and property or occupants of land in its vicinity, that an obstruction may affect existing and future instrument approach minimums of the Reading Regional Airport and that an obstruction may reduce the size of areas available for the landing, takeoff and maneuvering of aircraft, thus tending to destroy or impair the utility of the Reading Regional Airport. Accordingly, it is declared that:
(1)
Creation of an obstruction has the potential of being a public nuisance.
(2)
It is necessary in the interest of the public health, safety and general welfare that the establishment of obstructions that are a hazard to air navigation be prevented.
(3)
The prevention of these obstructions should be accomplished, to the extent legally possible, by the exercise of the police power without compensation.
[1]
Editor's Note: See 74 Pa.C.S.A. § 5911 and 53 P.S. § 10101 et seq., respectively.
B. AIRPORT AIRPORT ELEVATION APPROACH SURFACE CONICAL SURFACE HAZARD TO AIR NAVIGATION HORIZONTAL SURFACE LARGER THAN UTILITY RUNWAY NON-PRECISION-INSTRUMENT RUNWAY OBSTRUCTION PRECISION-INSTRUMENT RUNWAY PRIMARY SURFACE RUNWAY TRANSITIONAL SURFACE UTILITY RUNWAY VISUAL RUNWAY
Certain words and phrases utilized under this § 355-38, as defined in the Aviation Code, shall have the meanings set forth therein. These words and phrases are defined as follows:
The Reading Regional Airport, located within Bern Township, Berks County, Pennsylvania.
Three hundred forty-four feet above mean sea level.
A surface longitudinally centered on the extended runway center line, extending outward and upward from the end of the primary surface and at the same slope as the approach zone height limitation established within § 355-38 (Airport Overlay District). The perimeter of the approach surface coincides with the perimeter of the approach zone.
A surface extending outward and upward from the periphery of the horizontal surface at a slope of 20 to one for a horizontal distance of 4,000 feet.
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of navigable airspace.
A horizontal plane 150 feet above the established airport elevation, the perimeter of which plane coincides with the perimeter of the horizontal zone.
A runway that is constructed for and intended to be used by propeller-driven aircraft of greater than 12,500 pounds maximum gross weight and jet-powered aircraft.
A runway having an existing instrument and approach procedure utilizing air navigational facilities with only horizontal guidance or area-type navigational equipment for which a straight-in non-precision approach procedure has been approved or planned.
Any structure, growth or other object, including a mobile object, which exceeds a limiting height set forth in the Muhlenberg Township Code.
A runway having an existing instrument approach procedure utilizing an instrument landing system (ILS) or a precision approach radar (PAR). This shall also be construed as a runway for which a precision approach system is planned and is so indicated on an approved airport layout plan or other planning document.
A surface longitudinally centered on a runway. When the runway has a specially prepared hard surface the primary surface extends 200 feet beyond each end of the runway. The width of the primary surface is set forth in this section of the Muhlenberg Township Code. The elevation of any point of the primary surface is the same as the elevation of the nearest point on the runway center line.
A defined area on an airport prepared for landing and takeoff of aircraft along its length.
Surfaces extending outward at ninety-degree angles to the runway center line and the runway center line extended at a slope of seven feet horizontally for each foot vertically from the sides of the primary and approach surfaces to where they intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the precision approach surfaces, which project through and beyond the limits of the conical surface extend to a distance of 5,000 feet, as measured horizontally from the edge of the approach surface and at ninety-degree angles to the extended runway center line.
A runway that is constructed for and intended to be used by propeller-driven aircraft of 12,500 pounds maximum gross weight and less.
A runway intended solely for the operation of aircraft using visual approach procedures.
C.
In order to carry out the provisions of the Airport Overlay District, certain zones have been created and established which include all of the land lying beneath the approach surfaces, transitional surfaces, horizontal surfaces and conical surfaces as they apply to Reading Regional Airport. All such zones are shown on the Airport Zoning Map, consisting of one sheet, prepared by G. Edwin Pidcock Company, as dated March of 1981, which is considered as part of the Muhlenberg Township Code. An area located in more than one of the following zones is considered to be only in the zone with the more restrictive height limitations. The following zones are hereby established and defined with their respective height limitations:
(1)
Utility runway visual approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 250 feet wide. The approach zone expands outward uniformly to a width of 1,250 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway. The height limitations are defined as follows: slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(2)
Runway larger than utility visual approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The approach zone expands outward uniformly to a width of 1,500 feet at a horizontal distance of 5,000 feet from the primary surface. Its center line is the continuation of the center line of the runway. The height limitations are defined as follows: slopes 20 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 5,000 feet along the extended runway center line.
(3)
Runway larger than utility with a visibility minimum greater than 3/4 mile non-precision-instrument approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 500 feet wide. The widths of the inner edge of the approach zone and the primary surface, however, will be for the most precise approach existing or planned for either end of the runway. The approach zone expands outward uniformly to a width of 3,500 feet at a horizontal distance of 10,000 feet from the primary surface. Its center line is the continuation of the center line of the runway. The height limitations are defined as follows: slopes 34 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line.
(4)
Precision-instrument runway approach zone: The inner edge of this approach zone coincides with the width of the primary surface and is 1,000 feet wide. The approach zone expands outward uniformly to a width of 16,000 feet at a horizontal distance of 50,000 feet from the primary surface. Its center line is the continuation of the center line of the runway. The height limitations are defined as follows: slopes 50 feet outward for each foot upward beginning at the end of and at the same elevation as the primary surface and extending to a horizontal distance of 10,000 feet along the extended runway center line; thence, slopes upward 40 feet horizontally for each foot vertically to an additional horizontal distance of 40,000 feet along the extended runway center line.
(5)
Transitional zones: The traditional zones are the areas beneath the transitional surfaces. The height limitations are defined as follows: slopes seven feet outward for each foot upward beginning at the sides of and at the same elevation as the primary surface and the approach surface and extending to a height of 150 feet above the airport elevation, which is 344 feet above mean sea level. In addition to the foregoing, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision-instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending to where they intersect the conical surface. Where the precision-instrument runway approach zone projects beyond the conical zone, there are established height limits sloping seven feet outward for each foot upward beginning at the sides of and at the same elevation as the approach surface and extending a horizontal distance of 5,000 feet measured at ninety-degree angles to the extended runway center line.
(6)
Horizontal zone: The horizontal zone is established by swinging arcs of 5,000 feet radii for all runways designated utility or visual and 10,000 feet for all others from the center of each end of the primary surface of each runway and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zone does not include the approach and transitional zones. The height limitations are defined as follows: established at 150 feet above the airport elevation or at a height of 494 feet above mean sea level.
(7)
Conical zone: The conical zone is established as the area that commences at the periphery of the horizontal zone and extends outward therefrom a horizontal distance of 4,000 feet. The height limitations are defined as follows: slopes 20 feet outward for each foot upward beginning at the periphery of the horizontal zone and at 150 feet above the airport elevation and extending to a height of 350 feet above the airport elevation.
D.
Except as otherwise provided in this section of the chapter, no structure shall be erected, altered or maintained and no tree shall be allowed to grow in any zone created by this section of the chapter to a height in excess of the applicable height established for each zone. Nothing in this section of the chapter shall be construed as prohibiting the construction or maintenance of any structure or growth of any tree to a height up to 35 feet above the surface of the land.
E.
Notwithstanding any other provisions of this section of the chapter, no use may be made of land or water within any zone established by this section of the chapter in such a manner as to create electrical interference with navigational signals or radio communication between the airport and aircraft; make it difficult for pilots to distinguish between airport lights and others; result in glare in the eyes of pilots using the airport; impair visibility in the vicinity of the airport; create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport.
F.
The following provisions shall apply to nonconforming uses, which apply to uses within the Airport Overlay District:
(1)
The regulations prescribed in this section of the chapter shall not be construed to require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section of the chapter, or otherwise interfere with the continuance of a nonconforming use. Nothing contained herein shall require any change in the construction, alteration or intended use of any structure, the construction or alteration of which was begun prior to the effective date of this chapter of the Code and is diligently prosecuted.
(2)
Notwithstanding the preceding provision of this section, the owner of any existing nonconforming structure or tree is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport obstruction. Such markers and lights shall be installed, operated and maintained at the expense of the owner.
G.
Except as specifically provided in Subsection G(1), (2) and (3) hereunder, no material change shall be made in the use of land, no structure shall be erected or otherwise established and no tree shall be planted in any zone hereby created unless a permit shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. If such determination is in the affirmative, the permit shall be granted. No permit for a use inconsistent with the provisions of this section of the chapter shall be granted unless a variance has been approved in accordance with procedures specified under this section of the chapter.
(1)
In the area lying within the limits of the horizontal zone and conical zone, no permit shall be required for any tree or structure less than 75 feet in vertical height above the ground, except when, because of terrain, land contour or topographic features, such tree or structure would extend above the height limits prescribed for such zones.
(2)
In areas lying within the limits of the approach zones but at a horizontal distance of not less than 4,200 feet from each end of the runway, no permit shall be required for any tree or structure less than 75 feet in vertical height above the ground, except when such tree or structure would extend above the height limits prescribed for such approach zones.
(3)
In the areas lying within the limits of the transitional zones beyond the perimeter of the horizontal zone, no permit shall be required for any tree or structure less than 75 feet in vertical height above the ground, except when such tree or structure, because of terrain, land contour or topographic features, would extend above the height limit prescribed for such transitional zones.
(4)
Unless otherwise specified, nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction or alteration of any structure or growth of any tree in excess of any of the height limits established by this section of the chapter.
H.
No permit shall be granted that would allow the establishment or creation of an obstruction or permit a nonconforming use, structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter of the Code or any amendments thereto or than it is when the application for a permit is made. Unless otherwise indicated, all applications for such a permit shall be granted.
I.
Whenever the Zoning Officer determines that a nonconforming tree or structure has been abandoned or more than 80% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from the zoning regulations.
J.
Any person desiring to erect or increase the height of any structure or permit the growth of any tree or use property not in accordance with the regulations prescribed in this section of the chapter may apply to the Zoning Hearing Board for a variance from such regulations. The application for variance shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall be allowed where it is duly found that a literal application or enforcement of the regulations will result in practical difficulty or unnecessary hardship and that relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance with the spirit of this section of the chapter. Additionally, no application for variance from the requirements of this section of the chapter may be considered by the Zoning Hearing Board unless a copy of the application has been furnished to the Reading Regional Airport for advice as to the aeronautical effects of the variance. If the Reading Regional Airport does not respond to the application within 15 days after receipt, the Zoning Hearing Board may act on its own to grant or deny said application. Any variance granted may be made subject to any reasonable conditions that the Board may deem necessary to effectuate the purposes of this section of the chapter.
K.
Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section of the chapter and reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to install, operate and maintain, at the owner's expense, such markings and lights as may be necessary.
L.
It shall be the duty of the Zoning Officer to administer and enforce the regulations prescribed herein. Applications for permits and variances shall be made to the Zoning Officer upon a form published for that purpose. Applications required by this section of the chapter to be submitted to the Zoning Officer shall be promptly considered and granted or denied. Application for action by the Zoning Hearing Board shall be forthwith transmitted by the Zoning Officer. In addition to other available remedies, the municipality may institute in any court of competent jurisdiction an action to prevent, restrain, correct or abate any violation of this section of the chapter or of any order or ruling made in connection with its administration or enforcement.
M.
In order to enforce the provisions within this section of the chapter, the Zoning Hearing Board shall have and exercise the following powers:
(1)
To hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this section of the chapter.
(2)
To hear and decide special exceptions to the terms of this section of the chapter upon which such Zoning Hearing Board under such regulations may be required to pass.
(3)
To hear and decide applications for variances.
N.
Any person, landowner or taxpayer aggrieved or affected by any decision of the Zoning Officer made in the administration of this section of the chapter may appeal to the Zoning Hearing Board following the guidelines for procedures, hearings and appeals found in §§ 355-138 through 355-141 of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
O.
Where there exists a conflict between any of the regulations or limitations prescribed in this section of the chapter and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees and the use of land or any other matter, the more stringent limitation or requirement shall govern and prevail.
§ 355-39 Business Route 222 Overlay District.
A.
The Business Route 222 Overlay District shall be a special overlay to the underlying zoning district within Muhlenberg Township. The objectives of this special overlay district are outlined as follows:
(1)
To improve the aesthetics, architectural appearance, commercial centers, and streetscape design along both sides of Business Route 222 (also known as the 5th Street Highway).
(2)
To consider streetscape improvements and enhancement measures, such as street trees, streetlights, curbing, sidewalks, pedestrian crosswalks, controlled signage, traffic-calming measures, drainage improvements and gateway planning.
(3)
To improve the overall integrity of the commercial land uses along Business Route 222.
(4)
To retain and expand existing businesses to preserve a sound tax base and provide employment opportunities.
(5)
To maintain a positive relationship with the local business community.
(6)
To implement the recommendations concerning land use planning and economic development, as outlined within the Muhlenberg Township Comprehensive Plan.
B.
The Business Route 222 Overlay District shall be defined as all land areas along both sides of Business Route 222, extending 300 feet outward from the street center line, from the City of Reading to Ontelaunee Township. The limits of the Business Route 222 Overlay District shall be determined by the Muhlenberg Township Zoning Officer.
C.
All land uses permitted within the underlying zoning districts, as specified within Article IV of this chapter, shall be permitted within the Business Route 222 Overlay District.
D.
As part of all future subdivision and land development applications, the applicant shall consider the following design requirements and site improvements:
(1)
Sidewalks. Where feasible, the installation of sidewalks should be considered along both sides of Business Route 222 to accommodate pedestrian movements. All proposed sidewalks should be five feet in width and constructed in accordance with the provisions and specifications established under Chapter 310, Subdivision and Land Development, of this Code and with the Americans with Disabilities Act .
(2)
Crosswalks. Where feasible, crosswalks should be considered to integrate the sidewalk system and to accommodate pedestrian movements. All crosswalks shall be at least six feet in width and provide for safe movements across Business Route 222 at the street intersections which are controlled by traffic signal. All such crosswalks shall be approved by the Pennsylvania Department of Transportation.
(3)
Curbs. Where feasible, curbs shall be placed along both sides of Business Route 222 in accordance with the provisions of Chapter 310, Subdivision and Land Development, of the Code and/or as required by the Pennsylvania Department of Transportation. New curb cuts shall be minimized to reduce traffic conflicts and congestion along Business Route 222. Where possible, shared access drives shall be utilized to minimize curb cuts.
(4)
Street trees and landscaping. Where feasible, street trees and aesthetic landscaping should be incorporated into the design of the subdivision or land development plan. All street trees shall be located at least 10 feet from the ultimate right-of-way line and outside of the clear sight triangle for all intersections. The selected street trees and landscaping materials shall comply with the provisions of § 355-102 of the chapter.
(5)
Streetlights. Where feasible, streetlights should be considered and strategically located at consistent intervals. All streetlights shall have a diffused light source at the luminaries so as to avoid glare. Any parking lot lights which interfere with the location of the required sidewalk system shall be relocated. The size, type and location of the streetlights shall be subject to the approval of Muhlenberg Township.
(6)
Signs. The total number and size of all signs along Business Route 222 should be limited to the basic needs of the use. All proposed signs shall comply with the provisions of Article XI of this chapter.
(7)
Off-street parking and loading. Where feasible, the off-street parking spaces and loading spaces for all uses should be located along the sides or rear of the principal building. Whenever the off-street parking spaces interfere with the location of the sidewalk system, such off-street parking shall be relocated.
(8)
Guide rail. Where required by Muhlenberg Township or by the Pennsylvania Department of Transportation, guide rail shall be installed and constructed from pressure-treated wood, galvanized steel or an approved equal.
(9)
Fencing. Unless otherwise permitted for safety or security purposes, all proposed fencing within the front yard shall not exceed 36 inches in height.
(10)
Street furniture. Where feasible, bus shelters, benches, clocks and waste receptacles should be considered. The type and location of the proposed street furniture shall be subject to the approval of the Board of Commissioners.
(11)
Utilities. Unless otherwise directed by the utility company providing service, all proposed utilities shall be installed underground.
(12)
Dumpsters. Unless otherwise approved by Muhlenberg Township, all dumpsters shall be located in the rear yard within an enclosed wooden fence with a lockable gate.
(13)
Outdoor storage and displays. Unless otherwise permitted by Muhlenberg Township, the storage and sale of all materials or merchandise shall be within the principal building of the property. Sidewalk sales shall be limited to four events per calendar year, with no more than five days per event.
(14)
Abandoned vehicles. No abandoned vehicles shall be permitted on any off-street parking area for a period of 10 consecutive days or 20 cumulative days within a calendar year.
E.
The design requirements and site improvements listed under § 355-39D of the chapter are intended to provide direction to all applicants seeking subdivision and land development plan approval. Where feasible, these design requirements and site improvements shall be applied to the subdivision and land development plan. If certain design requirements and site improvements are determined to be unwarranted, based upon the existing site conditions and not for financial reasons, the Board of Commissioners have the right but not the obligation to omit the provision or consider alternative options relative to the design and improvement of the lot or parcel.
F.
The provisions of the Business Route 222 Overlay District shall be subject to the interpretation of the Zoning Officer or by a qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these provisions, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.
§ 355-40 Bypass Interchange Overlay District.
A.
The Bypass Interchange Overlay District shall be a special overlay to the underlying zoning district within Muhlenberg Township. The objectives of this special overlay district are outlined as follows:
(1)
To provide incentive-minded parameters to attract or expand desirable land uses, including office and business parks; hospitals and medical campuses; hotel complex and conference centers; restaurants; medical research and laboratory centers; industrial parks; higher learning institutions; and technology centers.
(2)
To establish enterprise zones that will provide economic benefits to the tax base while creating employment opportunities.
(3)
To make the most efficient use of the land areas near the existing interchanges.
(4)
To maintain a positive relationship with the local business community.
(5)
To implement the recommendations concerning land use planning and economic development, as outlined within the Muhlenberg Township Comprehensive Plan.
B.
The Bypass Interchange Overlay District shall be defined as all land areas in Muhlenberg Township within a concentric zone, as measured by a four-thousand-foot radius extending outward from the middle of the following interchanges: the interchange at Route 12 with Spring Valley Road and Hampden Boulevard; the interchange of Route 12 with Business Route 222; the interchange of Route 12 with Route 61; and the interchange of Route 222 with Route 61. The limits of the Business Route 222 Overlay District shall be determined by the Muhlenberg Township Zoning Officer.
C.
All land uses permitted within the underlying zoning district, as specified within Article IV of this chapter, shall be permitted within the Bypass Overlay District, provided the permitted uses are developed and improved in accordance with the provisions of the underlying zoning district.
D.
The following principal uses and their accessory uses are permitted by conditional use within the Bypass Overlay District, provided that: a conditional use is granted by the Board of Commissioners; only one principal use is permitted per lot meeting the minimum and maximum dimensional requirements; and the use complies with all other supplemental development and design requirements specified within the chapter.
(1)
Office and business parks. All such uses shall be permitted, provided the proposed office and business park contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 355-65 of the chapter.
(2)
Hospitals and medical campuses. All such uses shall be permitted, provided the proposed medical campus contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 355-66 of the chapter.
(3)
Medical research and laboratory centers. All such uses shall be permitted, provided the proposed medical research and laboratory center contains at least 10 acres of land with one acre per permitted use, and subject to the provisions of § 355-66 of the chapter.
(4)
Industrial parks. All such uses shall be permitted, provided the proposed industrial park contains at least 10 acres of land with two acres per permitted use, and subject to the provisions of § 355-67 of the chapter.
(5)
Higher learning institutions and technology centers. All such uses shall be permitted, provided the proposed higher learning institution and technology center contains at least three acres per permitted use and subject to the provisions of § 355-81 of the chapter.
(6)
Hotel complex and conference centers. All such uses shall be permitted, provided the proposed hotel complex and conference center contains at least two acres per permitted use.
(7)
Restaurants. All such uses shall be permitted, provided the proposed restaurant contains at least one acre per permitted use and does not include drive-through services.
E.
Unless otherwise specified by the Board of Commissioners as part of the conditional use application, all proposed uses shall be serviced by public sewage disposal facilities and public water supply facilities.
F.
Unless otherwise specified within this chapter or approved by the Board of Commissioners as part of the conditional use application, the following minimum and maximum dimensional requirements shall apply to all uses within the Bypass Overlay District.
(1)
The minimum lot width shall be 200 feet per lot.
(2)
The front-yard setback shall be at least 60 feet, as measured from the ultimate right-of-way line.
(3)
The side-yard setback shall be at least 30 feet for each side.
(4)
The rear-yard setback shall be at least 50 feet.
(5)
Each permitted use shall be located at least 100 feet from an existing lot containing an existing residential use.
(6)
The maximum height of the buildings shall be no more than 50 feet.
(7)
The maximum building coverage shall be no more than 40% of the approved lot.
(8)
The maximum lot coverage shall be no more than 60% of the approved lot.
G.
The following architectural and aesthetic design requirements shall be applied to all permitted uses within the Bypass Overlay District:
(1)
Where developments contain multiple buildings and uses, the architectural appearance should be compatible or harmonious to each other.
(2)
A landscaping plan shall be submitted to comply with the provisions of § 355-102 of the chapter.
(3)
Unless otherwise directed by the utility company providing service, all proposed utilities shall be installed underground.
(4)
Unless otherwise approved by Muhlenberg Township, all dumpsters shall be located in the rear yard within an enclosed wooden fence with a lockable gate.
(5)
Where feasible, streetlights should be considered and strategically located at consistent intervals. All streetlights shall have a diffused light source at the luminaries so as to avoid glare. Any parking lot lights which interfere with the location of the required sidewalk system shall be relocated. The size, type and location of the streetlights shall be subject to the approval of the Board of Commissioners.
(6)
The total number and size of all signs within the Bypass Overlay District should be limited to the basic needs of the use. All proposed signs shall comply with the provisions of Article XI of this chapter.
(7)
Where feasible, the off-street parking spaces and loading spaces for all uses should be located along the sides or rear of the principal building. Whenever the proposed off-street parking spaces interfere with the location of the required sidewalk system, such off-street parking shall be relocated.
H.
The design requirements and site improvements listed under this section of the chapter are intended to provide direction to all applicants seeking conditional use approval. Where feasible, these design requirements and site improvements shall be applied to the conditional use application as well as the subdivision and land development plan. If certain design requirements and site improvements are determined to be unwarranted, based upon the existing site conditions and not for financial reasons, the Board of Commissioners has the right but not the obligation to omit the provision or consider alternative options relative to the design and improvement of the lot or parcel.
I.
The provisions of the Bypass Overlay District shall be subject to the interpretation of the Zoning Officer or a qualified professional, as designated by the Board of Commissioners. Should a dispute arise concerning the interpretation of these provisions, the person aggrieved by the interpretation may file an appeal with the Zoning Hearing Board. In all cases, the burden of proof and submission of technical evidence shall be the responsibility of the person appealing the interpretation of the Zoning Officer or other qualified professional, as designated by the Board of Commissioners.