Borough of Emmaus - Land Uses

Adult bookstore, adult movie theater, adult live entertainment use or massage parlor

A use with a significant portion of the market value of or total number of items for sale or rent being books, films, magazines, video tapes, coin- or token-operated films, novelties, items, paraphernalia or other periodicals which are distinguished or characterized by a clear emphasis on matter depicting, describing, displaying or relating to uncovered male or female genitals or "specified sexual activities" (see definition). This shall include but not be limited to materials that would be illegal to sell to persons under age 18 under state law.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

See § 27-4021.A for more information.

Amusement arcade

An indoor commercial use with four or more electronic machines for amusement or entertainment, with such machines activated by the use of tokens or coins.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) The applicant shall prove to the satisfaction of the Zoning Hearing Board that there will be adequate supervision and design measures to adverse affects upon residential properties in the area.
(2) The operator shall keep children of ages six to 15 from being within the use during school hours and/or on school days.
(3) The use shall be setback a minimum of 300 feet from any place of worship and 150 feet from any residential district.

Asphalt plant

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Assembly of materials manufactured elsewhere

The making, with substantial use of machinery, of some product for sale, and/or associated assembly, fabrication, cleaning, testing, processing, recycling, packaging, conversion, production, distribution and repair, with substantial use of machinery, of products for sale. This term shall not include the following: retail sales, personal services, solid waste disposal facility or truck terminal.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Auditorium, commercial or nightclub

A commercial area or structure involving indoor or outdoor space for exhibits, meetings, live performances or sports events, but not a use that meets the definition of a movie theater, adult live entertainment use or standard or fast-food restaurant.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) 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.
(2) A commercial auditorium shall have a minimum lot size of one acre for each 150 persons of capacity.
(3) Any such use that allows the consumption of alcohol and that has a capacity of 250 or more persons shall be setback a minimum of 300 feet from any residential lot line.

Auto repair garage

A building and/or land where repairs, improvements and installation of parts and accessories for motor vehicles and/or boats are conducted that involves work that is more intense in character than work permitted under the definition of "auto service station." An auto repair garage shall include, but not be limited to, any use that involves any of the following work: major mechanical or body work, straightening of body parts, painting, welding or rebuilding of transmissions. Any use permitted as part of an "auto service station" is also permitted as part of an "auto repair garage." This use shall not include a use meeting the definition of a "truck stop."

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

See § 27-4021.E for more information.

Auto service station

A building and/or land where gasoline is sold, and where no repairs are conducted, except work that may be conducted that is closely similar in character to the following: sale and installation of oil, lubricants, batteries and belts and similar accessories and safety and emission inspections. This use may include the sale of ready-to-eat food for consumption off the lot and of common household products as a clearly accessory use. An accessory use providing only motor fuel to vehicles operated by that business shall not be considered to be an auto service station. This use shall not include a use meeting the definition of a "truck stop." See storage limits in § 27-402.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

See § 27-4021.G for more information.

Auto, boat or manufactured homes sales

A building or area, other than a street, used for the outdoor or indoor display, sale or rental of two or more of the following in operable condition: motor vehicles, recreation vehicles, boat trailers, farm machinery, motorcycles, trucks, utility trailers, construction vehicles or boats or transportable manufactured homes in a livable condition. This use may include an auto repair garage as an accessory use provided that all requirements of such use are complied with. This use shall not include a manufactured home park or a junkyard.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) No vehicle or home on display shall occupy any part of the existing or future street right-of-way or required customer parking area or any paved area setback required by § 27-603.
(2) See light and glare standards in § 27-511.

Bakery

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Bed-and-breakfast use

The use of a single-family detached dwelling and/or accessory structure which includes the rental of overnight sleeping accommodations and bathroom access for a maximum of 10 temporary guests at any one time, and which does not provide any cooking facilities or provision of meals for guests other than breakfast. This use shall only include a use routinely renting facilities for a maximum of seven days in any month to any person(s) and shall primarily serve transient visitors to the area.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

See § 27-4021.H for more information.

Betting use

A use where lawful gambling activities are conducted including, but not limited to, off-track pari-mutuel betting. This term shall not include betting under the State Lottery programs or betting under the "Small Games of Chance" provisions of state law, which shall instead be regulated under the regulations applicable to the principal use of the property (such as a "membership club").

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) Shall be located abutting an arterial or collector street, as defined by the Official Street Classification Map.
(2) Minimum lot area: three acres.
(3) Minimum building setback from the lot line of any place of worship or residential zoning district: 300 feet.

Beverage bottling

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Beverage distributor

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Billboard

A sign which directs attention to an object, product, service, place, activity, person, institution, organization, or business that is primarily offered or located at a location other than the lot upon which the sign is located. This type of sign is commonly known in most cases as a "billboard."

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

See § 27-7081.D for more information.

Boarding house or dormitory

A. A residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation by a total of two or more persons; or,
B. A dwelling unit includes greater than the permitted maximum number of unrelated persons.

A boarding house shall not include a use that meets the definition of: a hotel, dormitory, motel, life care center, personal care center, bed and breakfast use, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of five consecutive days.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

See § 27-4021.J for more information.

Boardinghouse

A. A residential use in which individual room(s) that do not meet the definition of a dwelling unit are rented for habitation by a total of two or more persons; or,
B. A dwelling unit includes greater than the permitted maximum number of unrelated persons.

A boarding house shall not include a use that meets the definition of: a hotel, dormitory, motel, life care center, personal care center, bed and breakfast use, group home or nursing home. A college fraternity or sorority house used as a residence shall be considered a type of boarding house. A boarding house may either involve or not involve the providing of meals to residents. This use shall only involve renting living accommodations for minimum periods of five consecutive days.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

See § 27-4021.J for more information.

Building supplies, wholesale sales of

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Bus terminal, intercity, as a principal use

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

For regular scheduled service between metropolitan areas; bus stations and bus stops for local bus service and occasional charter service are not regulated by this chapter.

(1) Street access from the bus station to an arterial street or an expressway shall not require driving on a local street that is primarily residential.
(2) Shall provide an area for the loading and unloading of buses separate from required off-street parking areas, and a separate area for pick-up and drop-off of persons from private vehicles.
(3) May be an accessory use to a permitted shopping center or restaurant; provided, that the applicant proves to the Zoning Officer that there is adequate room for movements by the bus on the site or an adequate street shoulder for stops.

Business services

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Car wash

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.
(2) On-lot traffic circulation channels and parking areas shall be clearly marked.
(3) Adequate provisions shall be made for the proper and convenient disposal of refuse.
(4) Water used in the operation shall be collected and recycled, and shall not flow into any storm sewers or waterways.
(5) Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.
(6) Any car wash that is located within 250 feet of an existing dwelling shall not operate between the hours of 9:00 p.m. and 7:00 a.m.
(7) Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

Cemetery without crematorium

Land or buildings used for the burial of deceased humans, but not animals. The internment or scattering of remains of properly cremated humans is not regulated by this chapter.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) Minimum lot area for any new cemetery: two acres.
(2) A crematorium, where allowed, shall be setback a minimum of 250 feet from all residential lot lines.
(3) All structures and graves shall be setback a minimum of 30 feet from all residential lot lines, 20 feet from the future right-of-way of any public street and 10 feet from the cartway of an internal driveway.
(4) No grave sites shall be located within the one-hundred-year floodplain.
(5) The applicant shall provide evidence that, in the determination of the Zoning Officer, the use will include an appropriate permanent system to ensure perpetual maintenance. Such determination shall be based upon a review by the Borough Solicitor.

Check cashing business

An establishment engaged primarily in the cashing of checks by individuals for the deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date; or the offering of a loan until a paycheck would be received by the person receiving the loan. This term shall not include any of the following: (a) a state or federally chartered bank, savings association, credit union, or industrial loan association, or (b) a retail store engaged primarily in selling or leasing items to retail customers and/or cashes a check for a fee not routinely exceeding 1% of the check amount as a service to its customers incidental to the retail store principal use.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

College or university; education and support uses

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Commercial forestry

The harvesting of more live trees with a trunk width of six inches or more at a height four feet above the average ground level that is allowed as a permitted by right use under § 27-515.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

See § 27-4021.R for more information.

Commercial high-speed internet antenna

An antenna used solely for the transmission of a high-speed internet signal and for no other use, including, but not limited to, cellular telephone communications. This shall also include the accessory equipment used to operate the antennas. This definition does not include small wireless facilities (SWF) as separately defined and regulated in this chapter.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) The antennas must be attached to either an existing commercial communications tower or an existing tall structure building of at least 50 feet in height. The building shall be non-residential or an apartment or other multi-family shall be non-residential or an apartment or other multi-family building. The antennas are not permitted on a single-family detached, single-family semi-detached or townhouse dwelling.
(2) The attachment to a structure or building shall not extend more than 15 feet above the highest point of the structure or building.
(3) Antennas on a building or structure shall be installed in a manner to blend with the building or structure as best possible and, if feasible, any accessory equipment shall be located in the building or structure's existing utility room building.

Commercial indoor recreation (includes bowling alley, roller/inine skating, batting practice and closely similar uses, but not including "amusement arcade")

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Commercial outdoor recreation (includes miniature golf course, golf driving range)

A use that:

A. Has a total building coverage of less than 15%.
B. Is used principally for active or passive recreation (such as a driving range); and,
C. Is used for a profit-making purpose.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Communications antennas, commercial

Any device used for the transmission or reception of radio, television, wireless telephone, pager, commercial mobile radio service, or any other wireless communications signals, including, without limitation, omnidirectional or whip antennas and directional or panel antennas owned or operated by any person or entity licensed by the Federal Communications Commission (FCC) to operate such device. This definition shall not include private residence mounted satellite dishes or television antenna or amateur radio equipment, including, without limitation, HAM or citizen band radio antennas. This definition does not include small wireless facilities (SWF) as separately defined and regulated in this chapter.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Development Requirements:

(1) If the antennae is not attached to a building:

(a) The antennae shall be setback a minimum distance equal to 2/3 of its height from all lot lines and existing street right-of-way lines; and,
(b) If the antenna will have a height greater than 65 feet above the natural ground level, it shall not be located in a residential district.

(2) The base of a freestanding antennae shall be surrounded by a secure fence with a minimum height of eight feet.
(3) Any freestanding antennae higher than 50 feet that is within 100 feet of a public street or dwelling shall be surrounded (except at the driveway crossing) by evergreen screening or preserved woods meeting the requirements of § 27-803.

Community center or library

A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income elderly persons. This shall not include residential uses or a "treatment center."

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Community center, noncommercial or library

A noncommercial use that exists solely to provide leisure and educational activities and programs to the general public or certain age groups. The use also may include the noncommercial preparation and/or provision of meals to low-income elderly persons. This shall not include residential uses or a "treatment center."

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Construction company headquarters/storage

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Convenience store

A use that primarily sells routine household goods, groceries and prepared ready-to-eat foods to the general public, but that is not primarily a restaurant, and that includes a building with a floor area of less than 4,000 square feet. This use may also include the accessory sale of gasoline, provided the requirements for an "auto service station" are also met.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Conversion of an existing dwelling to an increased number of apartments

To change or adapt land or structures to a different use.

Vehicle Parking:

Determined on a case-by-case basis using the standards found in Part 6: OFF-STREET PARKING AND LOADING.

Borough of Emmaus, PA

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