When individual units:

When apartment buildings (two or more apartments in a structure):

Bed-and-breakfast facilities shall:

Bed-and-breakfast facilities shall not:

A forty-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or any undeveloped residentially zoned lot.

If any type of entertainment offered at such a facility at any time is adult entertainment, the requirements of an adult entertainment facility must be met.

Any such use shall be separated from any school, church or similar facility, from property line to property line, a minimum of 500 feet.

The hours of operation for such a facility shall be limited from 12:00 noon to 11:00 p.m., Monday through Saturday.

For purposes of enforcing this and other applicable ordinances, inspections of said premises may be conducted at any time by both law enforcement and code enforcement personnel.

Any such establishment shall have a minimum lot size of one acre.

The structure of a BYOB establishment with a capacity of 300 or more persons shall be set back a minimum of 300 feet from the lot line of any residential use or residential zoning district. Said measurement shall be from property line to property line.

Security must be provided on site during all operating hours.

Prior to conversion, the owner or developer shall file with the Township Zoning Officer a copy of the declaration of condominium required the Uniform Condominium Act, P.L. 286, No. 82, § 1, July 2, 1980, as amended.

Building permits shall be acquired for each individual unit of the conversion.

An occupancy permit for each individual unit shall not be issued until said unit is substantially complete as evidenced by proof of the recording of a certificate of completion with the Lehigh County Recorder of Deeds.

A temporary occupancy permit may be issued prior to the recording of the certificate of completion in accordance with § 27-21 of this chapter.

In the event that a condominium is terminated, a copy of the termination agreement that is recorded with the Lehigh County Recorder of Deeds shall also be filed with the Township Zoning Officer. Thereafter, the units comprising the condominium will again be considered as one unit and shall be regulated accordingly.

Heliports or their operators shall:

A heliport shall not be used, maintained or operated until such time as a building permit therefor is secured from the Zoning Officer.

Building permits issued by the Zoning Officer for heliports shall be automatically revoked if:

Have adequate sewage disposal facilities.

Adhere to the single-family dimensional requirements of the R-5, High Density Residential Zoning District as set forth in § 27-75E.

Be placed on a permanent masonry foundation, have the wheels removed and skirting placed around the entire structure.

Mobile home parks shall:

Mobile home parks shall not be designed, maintained or used so as to permit any mobile home or accessory structure to be placed closer than 100 feet to any property line abutting a public street or closer than 50 feet to any rear or side property line.

A forty-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or undeveloped residentially zoned lot.

Nightclubs shall have a minimum lot size of one acre for each 150 seats or 150 person capacity.

The structure of a nightclub with a capacity of 300 or more persons shall be set back a minimum of 300 feet from the lot line of any residential use or residential district.

All such uses shall maintain a setback of at least 500 feet from any school, church or similar facility. Said setback shall be measured from property line to property line.

For purposes of enforcing this and other applicable ordinances, inspections of said premises may be conducted at any time by both law enforcement and code enforcement personnel.

Security must be provided on site during all operating hours.

Provide a bermed basin around each individual tank sufficient to contain 150% of the tank capacity.

Provide double setbacks than those required in the district in which the use is situate or proposed.

If underground storage tanks, adhere to all applicable State and Federal regulations therefor.

For all buildings and active recreation areas, be set back from adjacent residentially zoned and used properties, a minimum of 25 feet.

Provide lighting in accord with Article X.

Provide buffer yards and screening in accord with Article X.

Provide parking as required in Article XII.

Have a minimum lot size of three acres.

Provide onsite public rest room facilities.

Maintain a minimum of 25 feet between all permanent structures used as dwellings.

Provide all permanent structures with potable water and adequate sewage facilities.

When designed for use by recreational vehicles, be equipped with adequate electric, water and sewage hook ups as well as adequate sewage dumping facilities which are in accord with all Pennsylvania Department of Environmental Protection regulations.

Conduct all business within a completely enclosed building.

Provide buffer yards and screening pursuant to the requirements of Article X.

Provide adequate storm drainage, sewage disposal, domestic water supply and all other appropriate utilities.

Provide vehicular access to a highway or street traffic control to maximize public safety and to avoid traffic congestion.

Provide access drives and parking areas in accord with Article X.

Rifle, shooting and target ranges shall have a minimum lot area of seven acres.

Ranges for fixed target fire arm shooting must be backed by an earthen mound at least 10 feet in height and have a suitable bullet trap structure to deflect and stop bullets and projectiles.

Ranges must have a clearly defined and established firing line.

For trap and skeet shooting ranges where targets will be propelled or hurled into the air, the point of fire of discharge shall be set back at least 300 yards from any property line in the direction of shooting.

Fields of fire must be completely enclosed by a chain link fence at least six feet in height.

Private indoor shooting ranges need not comply with § 27-132D and F, provided that the range is fully enclosed within a building.

Archery ranges or ranges established by and used for the training of police, military or authorized Federal personnel shall not be subject to the provisions of this section.

Provide buffer yards and screening in accord with Article X.

Maintain double the required setbacks for the district in which the facility is situate or proposed.

Control and contain stormwater runoff for a period of time sufficient for separation of volatile compounds and other man-made components from the stormwater itself.

Not be located in existing or projected future areas of urban growth, nor affect or destroy any outstanding natural attributes of the immediate surrounding area.

Not be increased in land area without the prior conditional approval of the Board of Commissioners.

Consist of a harmonious selection of uses and groupings of buildings (if desired), service and parking areas and open spaces, designed, maintained and used as an integrated unit in such a manner so as to constitute a safe, efficient and convenient retail shopping center.

Provide buffer yards and screening in accord with Article X.

Provide safe and efficient pedestrian and vehicular traffic circulation within the boundaries of the center or planned business development.

Provide raised curbs or medial walkways which shall prohibit vehicles from straying from their designed circulation routes.

Suitably plan walkways to help reinforce the proper routing of traffic and add to the overall appearance of the shopping center.

Be serviced by public sewer and water facilities.

If developed in stages, be so planned that the foregoing requirements and the intent of this chapter are fully complied with at the completion of each and every stage.

Have a minimum lot size of 25 acres.

Not store or display any materials, equipment or goods outside of a building except in compliance with the following:

Provide off-street parking and off-street loading spaces as required by Article XII.

Definitions. As used in this section, the following terms shall have the meanings indicated:

General regulations.

Submission requirements. In addition to the submission requirements contained in §§ 27-44 and 27-45 regarding conditional uses, the following shall be submitted with every application and annual license/permit for renewal for STR:

Violations/revocation of permits. Compliance with the requirements of this section shall be considered conditions of the short-term rental permit, the violation of which may result in the revocation of the permit/license by the Township.

Have the minimum living area requirements as set forth in the Whitehall Township Building Code [§ 5-101 et seq.].

Designate and dedicate all required off-street parking to the use of residents only.

Have a density not exceeding eight units per gross acre.

Be served by the public water and sewer system.

Not have more than six attached units (townhouses, etc.).

Maintain the dimensional requirements as set forth in the R-5, High Density Residential Zoning District as set forth in § 27-75E.

Be permitted only on single lots. Nothing in this chapter shall be construed so as to permit the construction of single-family detached and semidetached residences in combination on a single lot in the form of a residential housing complex.

Be designed so as to protect the character of the zoning district in which the use is located or proposed.

Maintain a one-hundred-yard setback from any property line or public right-of-way within which no solid waste shall be deposited for storage, removal or transfer.

Within the 100 yard setback as referenced hereinabove, have two parallel rows of six foot high arborvitaes set three feet apart as well as trees, shrubs and other suitable vegetation, planted and landscaped to fully obscure any view of the site or facility from public roads and adjacent public or private properties. The arborvitaes referenced to in this paragraph shall be set back not less than 50 yards from property lines and rights-of-way.

Be completely enclosed by a chain link fence or such other durable fencing as approved by the Township, which shall be not less than six feet and not more than eight feet in height. All fencing shall be set back at least 15 feet from any and all property lines and rights-of-way.

Purpose. The purpose of this section is to assure safe, humane, comfortable, supportive and convenient residential settings for aged, blind and disabled persons who are able to live independently, for aged, blind, disabled and other dependent or infirm adult persons who require assistance beyond the basic necessities of food and shelter but who are not in need of hospitalization or skilled nursing care; and for residents who become in need of hospitalization, skilled or continued nursing care, or any combination thereof. Residents will receive the encouragement and assistance they need to develop and maintain maximum independence and self-determination. Unnecessary institutionalization will be prevented and individuals who might otherwise be required to stay in an institution will be able to live in the community. While it is recognized that a municipality may not discriminate against individuals based on a physical or mental handicap or based on age, this section regulates a higher density type construction which will allow cost-efficient professional care of individuals requiring special care or supervision, and this section is intended to regulate building type and location rather than the identity of the residents.

Applicable zones. A special care community, a conditional use, is permitted in an R-3-A Zone, provided it can be demonstrated, to the satisfaction of the Board of Commissioners, that the specific conditions, standards and requirements set forth in this article will be met and that the community as designed is in the public interest.

Definitions. When used in this article, the words and phrases defined in this section shall have the following meanings, unless the context clearly indicates a different meaning:

Uses in a special care community.

Community management. Each special care community facility shall be developed and managed by a single managing body. If the ownership of the tract on which the community is located should be divided in any fashion, deed and other restrictions shall insure that common development, management and responsibility with respect to the community is maintained.

Relationship to other ordinances. Since this article imposes requirements specifically designed for special care communities, the provisions of this article shall supersede all other ordinances of the Township to the extent of any conflict between this article and such other ordinances.

Residential living space regulations.

Area regulations.

Height regulations. No building shall exceed 35 feet in height or three stories, excluding elevator, mechanical stair penthouses and parapets or antennas.

Density regulations.

Building arrangement.

Building design.

Storage space. In addition to any ancillary storage area contained inside individual dwelling units and congregate housing personal living units and common units, there shall be provided for each individual dwelling unit and personal living unit in congregate housing at less 35 contiguous square feet of storage area where personal belongings and effects may be stored without constituting a fire hazard. These storage areas may be located either inside individual dwelling units and personal living units or in common storage facilities containing individual storage areas where personal belongings and effects may be kept locked and separated from those of other residents. If common storage facilities are maintained, the interiors of the individual storage areas shall not be visible from the common access area.

Wheel chair access. All buildings and facilities in an elderly or handicapped community shall be accessible to wheel chairs.

Safety systems. The elderly or handicapped community shall be designed to include individual dwelling unit/personal living unit and central control of security, fire and life safety systems.

Parking regulations.

Streets.

Pedestrian walkways. Pedestrian walkways shall be provided wherever normal pedestrian traffic will occur, shall be paved with all-weather surfaces, and shall be not less than four feet in width. All pedestrian walkways and principal access ways to buildings shall meet all Federal, State and Township engineering standards. Particular attention shall be given to pedestrian safety in the design of pedestrian walkways.

Trash receptacles. Adequate trash receptacles shall be provided in outdoor recreation areas and along connecting walkways to discourage littering.

Lighting regulations. Interior streets, parking areas, building entranceways, loading and service areas and pedestrian walkways shall be provided with sufficient illumination to minimize hazards to pedestrians and vehicles utilizing the same, and shall, where necessary, be shielded to avoid disturbing and hazardous glares to residents of the community and adjacent properties and to vehicles on streets.

Loading, deliveries and garbage collection.

Landscaping.

Utilities.

Development schedule. The development of a tract as a special care community may be carried out in a single phase or in multiple phases, subject to the review and approval of the Township Commissioners. All phases of the development of a special care community must be completed within five years of final land development approval. Reasonable extensions of time may be granted by the Board of Commissioners at its discretion, upon due cause shown.

A forty-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or undeveloped residentially zoned lot.

All such uses shall maintain a setback of 500 feet from any church, school or similar facility.

They shall be independent of any structure and shall be located a minimum distance of 110% times the structure height from any structure or property line. No buildings, structures, street, alley or road right-of-way or driveway not servicing the structure itself may be located within this area.

No part of the structure shall be located within or above any required front, side or rear yard setback.

They shall be erected and maintained in accordance with current building codes.

The structure shall not be climbable up to 12 feet above the ground surface.

The design of the structure shall conform to applicable industry standards, including those of the American National Standards Institute. The applicant for such a structure shall submit certificates of design compliance obtained by the equipment manufacturers from a nationally recognized testing laboratory.

The structure shall be equipped with a redundant braking system. This includes both aerodynamic over speed controls (including variable pitch, tip and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for over speed protection.

Structures shall be white, off-white, gray or another approved natural color.

Structures shall not be artificially lighted, except to the extent required by the Federal Aviation Administration.

The applicant must submit documentation from the Lehigh Valley International Airport that the proposed structure does not constitute an obstruction in the Airport Hazard District in Whitehall, and shall further comply with all provisions of § 27-190, Airport zone permits, as amended.

Structures shall not display advertising.

On-site transmission and power lines shall be placed underground to the maximum extent practicable.

A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

Structures requiring guy wires must submit additional information regarding hazard identification of same.

If a mechanical building is necessary, the building must not exceed 150 square feet in area, and 15 feet in height. This structure must not be located in any front, side or rear setback area.

A decommissioning plan must be submitted with the application for conditional use, where the landowner, at his/her expense, agrees to decommission the structure at the end of its useful life. The end of the useful life shall be determined when no electricity is generated for a continuous period of 12 months. The decommissioning plan shall include removal of the structure and all components and accessory structures.

The structure shall be subordinate to and located on the same lot as the principal use which it serves.

Not more than one such structure shall be located on any one improved lot.

As part of the plan submission for conditional use approval, a detailed site plan by a registered design professional must be submitted.

Nothing contained in this specific section shall permit the creation of a commercial wind farm, which would contain more than one structure. A commercial wind farm use shall be considered as a conditional use in the Industrial District, and shall adhere to all provisions contained herein in addition to any additional conditions or recommendations imposed by the Planning Commission and the Board of Commissioners when considering the impact of such a facility on the health, safety and general welfare of the Township.

The proposed structure height must be clearly identified on the application, and shall not exceed 100 feet.

The resultant energy harnessed from the wind shall only be used on the property on which the wind turbine/windmill is located.

The minimum lot size for any such proposed operation shall be 20 acres.

There shall be a minimum buffer yard between any such use and the nearest residentially used property of 1,000 feet.

All such operations shall maintain a minimum setback of 500 feet from all property lines.

All such operations shall only be permitted on tracts which are served with municipal water and sewer.

All such facilities shall adhere strictly to all applicable State and Federal regulations.

All such uses shall maintain a minimum setback between buildings of 70 feet.

All setbacks noted herein shall be measured from property line to property line.

These regulations shall apply to all such operations, whether housing livestock or fowl.

Purpose. The purpose of this conditional use is to provide housing for "older persons" as that term is defined in the Federal Fair Housing Act, as amended, in regulations promulgated (or to be promulgated) thereunder. This use recognizes that compared to housing that is not age-restricted, the majority of households of persons aged 55 and older without minor children: do not create burdens upon the public school system, create little demand for athletic fields, generate less traffic, involve lower water and sanitary sewage flows and need fewer parking spaces. This use recognizes the sense of community and lessened private maintenance responsibilities associated with homes being located closer together than in most other single-family home developments not involving a community owner's association.

An adult residence accessory to an existing assisted living facility use shall be a residential development that meets the following criteria:

Accessory uses. The following accessory uses shall be permitted in the active adult residential community.

Performance standards: dimensional requirements. Section 27-75 and other dimensional requirements of the Zoning Ordinance and of the Subdivision and Land Development Ordinance (SALDO)[1] shall be modified in the following particulars for an adult residence accessory to an existing assisted living facility:

Performance standards: miscellaneous.