CITY OF BETHLEHEM ZONING ORDINANCE

1 City of BETHLEHEM ZONING ORDINANCE CITY OF BETHLEHEM . ZONING ORDINANCE . PART 13 OF THE CODIFIED ORDINANCES. OF THE CITY OF BETHLEHEM , LEHIGH AND NORTHAMPTON COUNTIES, PENNSYLVANIA. Last Revised: May 20, 2021. Effective Date: June 15, 2012. City of BETHLEHEM ZONING ORDINANCE TABLE OF CONTENTS. Page No. Article 1301 Titles, Purpose and Interpretation .. 1. Article 1302 Definitions .. 3. Article 1303 Classification of Districts .. 23. Article 1304 Allowed Uses in Primarily Residential Districts .. 27. Article 1305 Allowed Uses in Primarily Non-Residential Districts .. 32. Article 1306 Dimensional Requirements in Each District .. 45. Article 1307 Workforce Housing Incentive .. 60. Article 1308 Additional Requirements in the IR & IRR Districts .. 63. Article 1309 Open Space Development Option in the RR 66.

2 Article 1310 Additional Requirements for the RR-T and RR-F Overlay Districts .. 71. Article 1311 Design Guidelines in the CL, CB and RT Districts .. 74. Article 1312 Additional Requirements in the I-O Institutional Overlay District .. 79. Article 1313 Additional Requirements for the CMU District .. 80. Article 1314 Additional Requirements for the OMU District .. 84. Article 1315 Additional Requirements in the IN-O Industrial Overlay District .. 89. Article 1316 Steep Slope Provisions .. 92. Article 1317 Floodway and Flood Fringe Districts .. 95. Article 1318 General Regulations .. 117. Article 1319 Off-Street Parking and Loading .. 131. Article 1320 Signs .. 143. Article 1321 Landmarks and Historic Resources ..154. Article 1322 Additional Requirements for Specific Uses .. 166. Article 1323 Procedures and Controls Governing Non-Conformities.

3 198. Article 1324 Administration, Permits and Penalties .. 201. Article 1325 ZONING Hearing Board .. 204. Article 1326 Amendments ..209. Article 1327 Student Housing and Student Home Overlay ZONING District ..211. INDEX ..212. See Also the Airport Approach Overlay ZONING Provisions in the City Codified Ordinances, Article 1360, and the LVIA FAR Part 77 Imaginary Surfaces Map. City of BETHLEHEM ZONING ORDINANCE ARTICLE 1301. TITLES, PURPOSE AND INTERPRETATION. Title. A ZONING ORDINANCE regulating and restricting the height, location, size and use of buildings and/or land in the City of BETHLEHEM , Pennsylvania, the areas to be occupied by buildings in proportion to the size of the lots upon which they stand: the size of yards and other open spaces appurtenant thereto and the density of population, and for these purposes establishing districts and boundaries, and other uses within such districts and boundaries and providing for the appointment of a ZONING Hearing Board, and setting forth the duties and functions of said Board and providing for administration, charges and enforcement of this ORDINANCE and providing penalties for violation thereof.

4 Short Title. This ZONING Code shall be known and may be cited as "The ZONING ORDINANCE of the City of BETHLEHEM . This ORDINANCE is also known as the ZONING Code . or as Part 13" of the Codified Ordinances of the City of BETHLEHEM . It is also hereinafter referred to as the ZONING ORDINANCE or This ORDINANCE .. Purposes. The purposes of this ZONING ORDINANCE are to promote the public health, safety and general welfare by: (a) Encouraging the most appropriate use of land. (b) Preventing the overcrowding of land. (c) Conserving the value of land and buildings. (d) Lessening the congestion of traffic on the roads. (e) Protecting important natural features. (f) Providing for adequate light and air. (g) Securing safety from fire, flood and other dangers. (h) Facilitating the adequate provision of transportation, water, sewerage, schools, parks and other public facilities.

5 (i) Giving reasonable consideration, among other things, to the character of districts and their peculiar suitability for particular uses. (j) Guiding and regulating the orderly growth, development, and redevelopment of the city in accordance with the adopted Comprehensive Plan of the City of BETHLEHEM , and to serve the objectives and principles of such Plan. (k) Carrying out the authorized purposes of a ZONING ORDINANCE , as provided in the Pennsylvania Municipalities Planning Code, as amended. (l) Carrying out the purposes of the Pennsylvania Floodplain Management Act, as amended. Interpretation. In interpreting and applying the provisions of this ZONING ORDINANCE , the provision shall be held to be the minimum requirements adopted for the promotion of the public health, safety, and general welfare of the City.

6 Where the provisions of any statute, other ORDINANCE or regulation impose greater restrictions than this ORDINANCE , the provisions of such statute, ORDINANCE or regulation shall be controlling. Separability. It is hereby declared to the legislative intent that: (a) If a court of competent jurisdiction declares any provision of this ORDINANCE to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this ORDINANCE shall continue to be separately and fully effective. 1. City of BETHLEHEM ZONING ORDINANCE (b) If a court of competent jurisdiction finds the application of any provision or provisions of this ORDINANCE to any lot, building, or other structure, or tract of land, to be invalid or ineffective, in whole or in part, the effect of such decisions shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property or situations shall not be affected.

7 Application to Public Utility Corporations. This ORDINANCE shall not apply to facilities of a public utility corporation, if specifically exempted by Pennsylvania Public Utility Commission after a hearing under the provisions of Section 619 of the Pennsylvania Municipalities Planning Code, as amended. Application to City and Municipal Authorities. This ORDINANCE shall not apply to any lot, existing or proposed structure, use thereof, of any expansion thereof, owned, used or to be used by the City of BETHLEHEM , and/or by any Municipal Authority created by the City of BETHLEHEM . 2. City of BETHLEHEM ZONING ORDINANCE ARTICLE 1302. DEFINITIONS. General. (a) Unless otherwise expressly stated, the following words and phrases shall be construed throughout this ORDINANCE to have the meanings herein indicated: (1) Words used in the present tense include the future.

8 (2) The singular includes the plural, and the plural the singular. (3) The word "person" includes a corporation, partnership, association and individual. (4) The word "shall" is always mandatory. The word "may" is permissive. (5) The word "lot" includes the word "parcel", "tract", or "plot". (6) The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied.". (7) The word "City" means the City of BETHLEHEM , Lehigh and Northampton Counties, Pennsylvania; the terms "Council", " ZONING Board", "Planning Commission" mean respectively, the City Council, the ZONING Hearing Board and the City Planning Commission of the City. County refers to Lehigh County and/or Northampton County, Pennsylvania. (8) If a word is not defined in this ORDINANCE , but is defined in the Subdivision and Land Development ORDINANCE (SALDO) of the City of BETHLEHEM , as amended, then the SALDO definition shall also apply to this ORDINANCE .

9 If a term is not defined in this ORDINANCE or the SALDO, then the term shall have its plain and ordinary meaning, within the context of the provision. A standard reference dictionary should be consulted. Accessory Building or Use. A subordinate use or building customarily incidental to and located on the same lot occupied by the main use or building. The term "Accessory Building" may include a private garage, garden shed or barn, private playhouse, private greenhouse, guesthouse, caretaker's cottage, or servants' quarters, as hereinafter provided. An outdoor private swimming pool is an accessory use but not an accessory building. Where any part of the wall of an accessory building is part of the wall of a main building, or where the accessory building is attached to the main building by a roof, including carports however covered, such accessory building shall be deemed part of the main building.

10 Unless specifically allowed otherwise by this ORDINANCE , a detached building that is accessory to a dwelling shall not include cooking facilities, a shower or a bath tub, and shall not be used for overnight sleeping purposes. Adult-Oriented Establishment (or Adult Use ). The definition for this term and for all uses included under this term shall apply as are provided in Title 68, Part II, Subpart E, Chapter 55, Section 5502 of the Pennsylvania Consolidated Statutes, as amended. Such definitions in Pennsylvania Statutes are hereby included by reference, including but not limited to, the definitions for "Adult Bookstore," "Adult Entertainment," "Adult Mini- Motion Picture Theater," "Adult Motion Picture Theater," "Sexual Activities," "Specified Anatomical Areas," and "Specified Sexual Activities. After Hours Club.