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North Whitehall Township
City Zoning Code

ARTICLE III

Districts

§ 440-32 Designation of districts and purposes.

A. 
For the purpose of this chapter, North Whitehall Township is hereby divided into the following zoning districts:
CR
Conservation Residential District
AR
Agricultural-Rural Residential
AR-I
Agricultural-Rural Residential-Institutional Option
AR-L
Agricultural-Rural Residential-Livestock
SR
Suburban Residential District
V
Village District
C
Commercial District
LI/B
Light Industrial/Business District
ME/I
Mineral Extraction/Industrial District
B. 
For the purposes of this chapter, the zoning districts named in § 440-32A shall be of the number, size, shape and location shown on the Official Zoning Map.[1] Any use of the abbreviations listed in § 440-32A shall mean the district name that is listed beside the abbreviation.
[1]
Editor's Note: A copy of the Zoning Map is on file in the Township offices.
C. 
Floodplain. The floodplain area, as defined by Chapter 242, Floodplain Management, of this Code, shall serve as an overlay area to all of the underlying districts.
D. 
Purposes of each district. The purposes of each zoning district are summarized below:
(1) 
CR District. The purposes of this district:
(a) 
Encourage the preservation of environmentally sensitive areas;
(b) 
Encourage the continuation of farming and other agricultural pursuits; and
(c) 
Maintain a low residential density by providing development standards for those appropriate uses.
(2) 
AR District. The purposes of this district:
(a) 
Retain and continue agricultural pursuits; and
(b) 
Allow a rural residential character by providing appropriate development standards and compatible uses.
(3) 
AR-L District. The purpose of this district:
(a) 
Accommodate intensive agricultural uses and supplementary uses.
(4) 
AR-I District. Similar to the intent of the AR District, the purposes of this district:
(a) 
Preserve the rural character; and
(b) 
Encourage a balance with compatible residential and institutional uses.
(5) 
SR District. The purpose of this district:
(a) 
Provide for the orderly expansion of residential neighborhoods consisting of various housing types at a low to medium density.
(6) 
V District. The purposes of this district:
(a) 
Promote infill development;
(b) 
Maintain neighborhood scale;
(c) 
Promote walkability;
(d) 
Encourage redevelopment; and
(e) 
Provide more flexibility in design regulations within the various village/mixed-use areas of the Township.
(7) 
C District. The purposes of this district:
(a) 
Provide for a wide range of needed commercial uses, at an appropriate scale, in locations that are less likely to involve conflicts with existing residences and that have direct access to major highways.
(8) 
LI/B District. The purposes of this district:
(a) 
Provide areas that are readily accessible via major highways to Township residents and others for a wide variety of retail and personnel service uses; and
(b) 
Provide for desirable locations for modern industrial uses that are harmonious with surrounding uses.
(9) 
ME/I District. The purposes of this district:
(a) 
Provide for mineral extraction operations, and other substantial industrial uses; and
(b) 
Protect the health, safety, and general welfare of the citizens by setting minimum standards to reduce and control noise, dust, vibration, pollution, and traffic dangers.

§ 440-33 Applicability.

A. 
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
B. 
No structure shall hereafter be erected, used, constructed, reconstructed, structurally altered or occupied and no land shall hereafter be used, developed or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
C. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
D. 
Boundary change. Any territory which may hereafter become part of the Township through annexation or a boundary adjustment shall be classified as the zoning district of North Whitehall Township that is mostly closely adjacent to such land (as determined by the Zoning Hearing Board) until or unless such territory is otherwise classified by the Board of Supervisors.

§ 440-34 Zoning Map.

A. 
A map entitled "North Whitehall Township Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map, which should bear the adoption date of this chapter and the words "Official Zoning Map," shall be retained in the Township Building.
B. 
Map changes. Changes to the boundaries and districts of the Official Zoning Map shall only be made in conformity with the amendment procedures specified in the Pennsylvania Municipalities Planning Code.[1] All changes should be noted by date with a brief description of the nature of the change, either on the map or within an appendix to this chapter.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Replacement map. If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, or needs to have drafting errors or omissions corrected, the Board of Supervisors may, by resolution, adopt a new copy of the Official Zoning Map, which shall supersede the prior Official Zoning Map. Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any remaining parts shall be preserved together with all available records pertaining to its previous adoption or amendment.

§ 440-35 District boundaries.

The following rules shall apply where uncertainty exists as to boundaries of any district as shown on the Zoning Map.
A. 
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds Office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Official Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C. 
The location of a district boundary on unsubdivided land or where a district boundary divides a lot shall be determined by the use of the scale appearing on the maps unless the same is indicated by dimensions.
D. 
Interpretation of boundaries. See § 440-12C.
E. 
Where a municipal boundary divides a lot, the minimum lot area shall be regulated by the municipality in which the principal use(s) are located, unless otherwise provided by applicable case law.

§ 440-36 Setbacks across municipal boundaries.

A. 
Intent. To continue the objective of compatible land uses across municipal boundaries.
B. 
This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district.
C. 
These same additional setback and buffer yard provisions shall be provided by uses proposed within North Whitehall Township regardless of whether such abutting existing dwelling or principally residential zoning district is located in an abutting municipality and/or in North Whitehall Township.

§ 440-37 Table of Permitted Uses by district.

KEY:
P
=
Permitted by right
C
=
Conditional use
SE
=
Special exception use
N
=
Not permitted
Uses
Districts
CR
AR
AR-L
SR
V
A-I
C
LI/B
ME/I
A. AGRICULTURAL USES
A1
Agricultural operations
P
P
P
P
P
P
P
P
P
A2
Intensive agriculture (CAOs and/or CAFOs)
P
P
P
N
N
P
N
N
N
A3
Forestry
P
P
P
P
P
P
P
P
P
A4
Commercial nursery and/or greenhouse
P
P
P
P
P
P
P
N
P
A5
Stable
P
P
P
N
N
P
N
N
N
A6
Kennel
P
P
P
N
N
P
P
N
N
B. RESIDENTIAL USES
B1
Single-family detached dwelling
P
P
P
P
P
P
N
N
N
B2
Single-family semidetached dwelling (twin)
P
P
P
P
P
P
N
N
N
B3
Two-family detached dwelling
P
P
P
P
P
P
N
N
N
B4
Single-family attached dwelling (townhouse)
N
N
N
P
P
P
N
N
N
B5
Multifamily dwelling
N
N
N
N
P
N
N
N
N
B6
Group home
P
P
N
P
P
P
N
N
N
B7
Cluster development
C
C
N
C
C
C
N
N
N
B8
Manufactured/mobile home park
N
N
N
C
C
C
N
N
N
B9
Boarding/rooming house
N
N
N
N
SE
N
SE
N
N
C. RELIGIOUS, EDUCATIONAL, RECREATIONAL, INSTITUTIONAL
C1
Place of worship
P
P
P
P
P
P
P
N
N
C2
School
N
P
N
P
P
P
P
P
N
C3
Commercial school
N
P
N
P
P
P
P
P
N
C4
Library or museum
N
P
N
P
P
P
P
P
N
C5
Recreational facility (public)
P
P
P
P
P
P
P
P
P
C6
Athletic facility (private)
N
N
N
N
P
N
P
P
P
C7
Golf course
P
P
N
N
N
P
N
N
N
C8
Private organization/club or community center
SE
SE
N
SE
SE
SE
SE
SE
SE
C9
Day-care facility
N
N
N
P
P
P
P
P
N
C10
Hospital
N
N
N
N
N
C
C
C
N
C11
Nursing home or assisted living facility
N
N
N
P
P
P
P
P
N
C12
Municipal/government facility
P
P
P
P
P
P
P
P
P
C13
Cemetery
P
P
N
P
N
P
N
N
N
C14
Treatment/rehabilitation center
N
N
N
N
N
C
C
C
N
C15
Target/shooting range (indoor)
N
N
N
N
N
N
P
P
P
C16
Target/shooting range (outdoor)
N
N
N
N
N
N
SE
SE
SE
D. OFFICE USES
D1
Office
N
N
N
N
P
N
P
P
P
D2
Medical office
N
N
N
N
P
N
P
P
N
E. RETAIL AND CONSUMER SERVICES USES
E1
Retail store
N
N
N
N
P
N
P
P
N
E2
Large retail store
N
N
N
N
N
N
P
P
N
E3
Service business
N
N
N
N
P
N
P
P
N
E4
Financial establishment
N
N
N
N
P
N
P
P
N
E5
Eating place
N
N
N
N
P
N
P
P
N
E6
Eating place (drive through)
N
N
N
N
P
N
P
P
N
E7
Repair shop
N
N
N
N
P
N
P
P
P
E8
Motel, hotel or inn
N
N
N
N
SE
N
P
P
N
E9
Entertainment
N
N
N
N
SE
N
P
SE
SE
E10
Vehicle service station
N
N
N
N
SE
N
P
P
P
E11
Vehicle fueling center and convenience store
N
N
N
N
SE
N
P
P
P
E12
Vehicle sales
N
N
N
N
SE
N
P
P
P
E13
Vehicle repair and paint shop
N
N
N
N
N
N
P
P
P
E14
Car wash
N
N
N
N
N
N
P
P
P
E15
Shopping center
N
N
N
N
N
N
P
P
N
E16
Funeral home
N
N
N
N
SE
N
P
P
N
E17
Veterinary office or clinic
N
N
N
N
SE
N
P
P
N
E18
Tavern or bar
N
N
N
N
P
N
P
P
N
E19
Craft beverage production facility
SE
SE
SE
SE
SE
SE
SE
SE
SE
E20
Flea market
N
N
N
N
N
N
P
P
N
E21
Medical marijuana dispensary
N
N
N
N
N
N
SE
SE
SE
E22
Adult-oriented use
N
N
N
N
N
N
N
N
SE
E23
Campground
SE
N
N
N
N
N
N
N
N
E24
Bed-and-breakfast
SE
SE
N
N
SE
N
N
N
N
E25
Mixed-use building
N
N
N
N
P
N
P
P
P
E26
Banquet hall/special event venue
N
N
N
N
P
N
P
P
N
F. COMMON CARRIERS, PUBLIC UTILITIES, PUBLIC SERVICE USES
F1
Utility operating facility
P
P
P
P
P
P
P
P
P
F2
Emergency services
P
P
P
P
P
P
P
P
P
F3
Terminal, transit
N
N
N
N
N
N
P
P
P
F4a
Wireless communications facility, tower-based
SE
N
N
N
N
N
SE
SE
SE
F4b
Wireless communications facility, non tower-based
P
P
P
P
P
P
P
P
P
F5
Solar energy system (principal use)
C
N
C
N
N
C
N
C
C
F6
Wind energy system (principal use)
C
N
C
N
N
C
N
C
C
F7
Emerging energy facility
N
N
C
N
N
N
N
N
C
F8
Heliport
N
N
N
N
N
N
N
SE
SE
G. INDUSTRIAL USES
G1
Manufacturing
N
N
N
N
N
N
P
P
P
G2
Research
N
N
N
N
N
N
P
P
P
G3a
Warehousing/wholesale, small (less than 25,000 s.f. gross floor area)
N
N
N
N
N
N
P
P
P
G3b
Warehousing/wholesale, large (25,000 s.f. gross floor area or greater)
N
N
N
N
N
N
N
C
N
G4
Mini-storage (self-storage)
N
N
N
N
N
N
P
P
P
G5
Trucking company terminal
N
N
N
N
N
N
N
C
C
G6
Industrial equipment sales, rental and service
N
N
N
N
N
N
P
P
P
G7
Junkyard
N
N
N
N
N
N
N
N
C
G8
Fuel storage and distribution
N
N
N
N
N
N
N
N
C
G9
Solid waste facility
N
N
N
N
N
N
N
N
C
G10
Slaughterhouse or stockyard
N
N
N
N
N
N
N
N
C
G11
Sawmill/planing mill
N
N
N
N
N
N
N
P
P
G12
Recycling facility
N
N
N
N
N
N
N
N
C
G13
Mineral extraction
N
N
N
N
N
N
N
N
P
G14
Medical marijuana grower/processor
N
N
N
N
N
N
N
SE
C
G15
Lawful uses not otherwise permitted
N
N
N
N
N
N
N
SE
SE
H. ACCESSORY USES
H1
Home occupation
SE
SE
SE
SE
SE
SE
N
N
N
H2
No-impact home-based business
P
P
P
P
P
P
P
P
P
H3
Residential accessory use
P
P
P
P
P
P
P
N
N
H4
Outside storage
N
N
N
N
N
N
P
P
P
H5
Accessory family dwelling unit
P
P
N
N
P
N
N
N
N
H6
Accessory day care
P
P
N
SE
P
N
N
N
N
H7
Uses accessory to agricultural operations
P
P
P
N
N
P
N
N
N
H8
Accessory structure, nonresidential
P
P
P
P
P
P
P
P
P
H9
Accessory wind energy system
P
P
P
P
P
P
P
P
P
H10
Accessory solar energy system
P
P
P
P
P
P
P
P
P
H11
Temporary structures or use
P
P
P
P
P
P
P
P
P
H12
Keeping of livestock accessory to a residential use
P
P
P
P
P
P
P
P
P
H13
Mobile food vendors
P
P
P
P
P
P
P
P
P
H14
Outdoor seating associated with food and/or beverage service establishments
P
P
P
P
P
P
P
P
P

§ 440-38 Table of Lot and Setback Requirements by District.

A. 
For the purposes of this § 440-38 the following abbreviations shall have the following meanings:
KEY
sq. ft.
=
Square feet
ft.
=
Linear feet
SFD
=
Single-family detached dwelling
District
Permitted Uses
Gross Site Area
Proposed Requirements1
Min. Lot Area
Min. Lot Width
Max. Bldg Ht.
Min. Yards/Setbacks
Max. Bldg. Coverage
Max. Impervious Surface
Front
Side
(each)
Rear
CR
SFD
2 acres
2 acres
150
35
50
20
50
10%
25%
Agricultural operations
10 acres2
10 acres2
2502
40
503
253
503
15%
30%
Intensive agriculture (CAOS, CAFOs)
10 acres2
10 acres2
2502
40
504
254
504
15%
30%
All other permitted uses
3 acres
3 acres
200
40
50
20
50
15%
30%
AR
SFD
40,000 sf
40,000 sf
140
35
50
20
50
15%
35%
Agricultural operations
10 acres2
10 acres2
2502
40
503
253
503
20%
40%
Intensive agriculture (CAOS, CAFOs)
10 acres2
10 acres2
2502
40
504
254
504
20%
40%
All other permitted uses
40,000 sf
40,000 sf
150
40
50
20
50
20%
40%
AR-I
SFD
25,000 sf
25,000 sf
140
35
50
20
50
15%
35%
Agricultural operations
10 acres2
10 acres2
2502
40
503
253
503
20%
40%
Intensive agriculture (CAOS, CAFOs)
10 acres2
10 acres2
2502
40
504
254
504
20%
40%
All other permitted uses
40,000 sf
40,000 sf
120
40
30
20
50
20%
40%
AR-L
SFD
40,000 sf
40,000 sf
140
35
50
20
50
15%
35%
Agricultural operations
10 acres2
10 acres2
2502
40
503
253
503
20%
40%
Intensive agriculture (CAOS, CAFOs)
10 acres2
10 acres2
2502
40
504
254
504
20%
40%
All other permitted uses
40,000 sf
40,000 sf
120
40
30
20
50
20%
40%
SR
SFD
20,000 sf
20,000 sf
80
35
30
10
40
30%
50%
Twin/two-family detached
7,000 sf
7,000 sf
50
35
30
10
40
30%
50%
Manufactured/mobile home park
2 acres
(2)
NA
20
30(3)
20(3)
40(3)
40%
60%
Other permitted uses
40,000 sf
40,000 sf
120
35
30
10
40
30%
50%
V
Semi-detached (twin) dwelling
NA
5,000 sf (4)
40
35
5 min
20 max
10
20
50%
75%
Other permitted uses
20,000 sf
20,000 sf
60
45
5 min
20 max
10
20
50%
75%
C
All permitted uses
12,000 sf
12,000 sf
100
35
50
15
30
40%
65%
LI/B
Commercial uses
1 acre
1 acre
150
35
50
10
30
40%
65%
Industrial uses
2 acres
2 acres
200
50
50
25
50
50%
75%
ME/I
All permitted uses
2 acres
2 acres
200
50
50
40
50
50%
75%
1
The following regulations shall apply unless other dimensions are required for a specific use per Article IV, in which case Article IV requirements shall apply.
(1)
Refer to specific use regulations for single-family cluster development, § 440-40B(7).
(2)
Refer to specific use regulations for manufactured/mobile home parks, § 440-40B(8).
(3)
Minimum yard requirements applies to the gross site area.
(4)
Minimum lot area of 5,000 sf is per dwelling unit.
2
There shall be no minimum gross site area, minimum lot area, or minimum lot width requirements where the agricultural operation, concentrated animal operation (CAO), or concentrated animal feeding operation (CAFO) has an anticipated yearly gross income of at least $10,000.
3
Any manure storage facilities (as defined in 25 Pa. Code § 83.201) associated with the agricultural operation shall be located no less than 99 feet from any of the property boundary lines of the lot on which the agricultural operation is conducted.
4
Any manure storage facilities (as defined in 25 Pa. Code § 83.201) associated with the concentrated animal operation (CAO) or concentrated animal feeding operation (CAFO) shall comply with the applicable setback requirements found in 25 Pa. Code § 83.351.