For the purposes of this chapter, words and
terms used herein shall be interpreted as follows:
A.
Words in the present tense shall include the future
tense.
B.
The word "person" or "applicant" includes a profit
or nonprofit corporation, company, partnership, trust or individual.
C.
The word "used" or "occupied" as applied to any land
or building include the words "intended, arranged, or designed to
be used or occupied."
D.
The word "should" means that it is strongly encouraged
but is not mandatory.
E.
The word "lot" includes plot or parcel.
F.
The word "shall" is always mandatory.
G.
The words "street," "highway" and "road" have the
same meaning and are used interchangeably.
H.
The word "sale" shall also include rental.
I.
The singular shall include the plural and vice-versa.
J.
The masculine gender shall include the feminine and
neuter, and vice-versa.
K.
If a word is not defined in this chapter, but is defined in Chapter 230, Subdivision and Land Development, or Chapter 218, Stormwater Management, as amended, the definition in that chapter shall apply.
L.
Any word or term not defined in this chapter or Chapter 230, Subdivision and Land Development or the Chapter 218, Stormwater Management, as amended, shall be used with the meaning of standard usage within the context of the section.
M.
The words "such as," "includes," "including" and "specifically"
shall provide examples, but shall not by themselves limit a provision
only to items specifically mentioned, if other items would otherwise
comply with the provision.
N.
If a word is defined in both this chapter and another
Township ordinance, each definition shall apply to the provisions
of each applicable ordinance.
[Amended 3-15-1999 by Ord. No. 5-99]
When used in this chapter, the following words,
terms and phrases shall have the following meanings, unless expressly
stated otherwise or unless the context clearly indicates otherwise:
Areas of contiguous lots that share a common lot line, except
not including lots entirely separated by a street or a nonintermittent
waterway.
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth pursuant to the Act.[1]
[Added 3-20-2017 by Ord.
No. 02-17]
An entrance or exit used by vehicular traffic to or from
properties abutting a road not meeting the definition of "driveway."
[Amended 6-19-2006 by Ord. No. 03-06]
A structure which is subordinate and accessory to a principal
structure on the same lot and which is used for purposes that are
clearly customarily incidental to the uses of the principal structure.
Any portion of a principal structure used for an accessory use shall
not be considered to be an accessory structure. If an accessory structure
also meets the definition of a "building," then it shall also be considered
an "accessory building."
A use customarily incidental and subordinate to the principal
use or building and located on the same lot with such principal use
or building.
One combined entrance/exit point, or one clearly defined entrance point and one clearly defined exit point, separated in accordance with the requirements of this chapter and Chapter 230, Subdivision and Land Development.
[Amended 6-19-2006 by Ord. No. 03-06]
Forty-three thousand five hundred sixty square feet.
Includes contiguous lots that share a common lot line or
that are separated only by a street or waterway.
An establishment having a significant or substantial portion
of the value of its stock-in-trade or of the total items of its stock-in-trade
(whichever is more inclusive) in books, films, magazines, video tapes,
novelties or other periodicals, which are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual
activities or nudity. This shall include, but not be limited to, materials
that would be illegal to sell to minors under Pennsylvania state law.
A building, a portion or all of which is used for presenting
motion pictures, slides, videotapes or disks or similarly reproduced
images distinguished or characterized by an emphasis on matter depicting,
describing or relating to sexual activities for observation by patrons
therein. This shall include, but not be limited to, any theater that
shows any one or multiple motion pictures that have received a rating
of "X" over a total of more than 14 days in any calendar year.
This shall include only the following: adult bookstore, adult
movie theater, massage parlor or cabaret.
Shall include "crop farming" and "animal husbandry." See
definition of each.
An area of land or water or a surface of a building which
is designated, used or intended to be used for the landing and takeoff
of motorized aircraft and any appurtenant areas which are designed
to be used for aircraft support facilities such as maintenance, refueling
and parking facilities. Airports shall meet all the applicable state
and federal regulations.
PUBLIC AIRPORTAn airport that does not meet the definition of a private airport.
PRIVATE AIRPORTAn airport limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public.
A public thoroughfare which affords only a secondary means
of access to abutting property and not intended for general traffic
circulation. Any official thoroughfare that meets this definition
of an alley shall be considered an alley unless it is officially vacated
by the Township.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement
or decrease, whether by extending on a side or by increasing in height,
or the moving from one location or position to another.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative design mounting structures that camouflage
or conceal the presence of commercial communications towers and antennas.
[Added 3-19-2001 by Ord. No. 03-01]
A device, partially or wholly exterior to a building, that
is used for receiving and/or transmitting electronic signals or short-wave
or citizens band radio frequencies. This includes supporting structures
except principal buildings.
A building routinely used for the treatment, housing or boarding
of animals. A "small animal hospital" includes treatment of small
domestic animals including, but not limited to, dogs, cats, rabbits,
birds or fowl. A "large animal hospital" may include treatment of
all types of animals including horses, cows and pigs.
The raising and keeping of livestock, poultry or insects for any commercial purposes or the keeping of any animals for any reason beyond what is allowed under § 275-190D(13), Keeping of pets. For the purposes of this chapter, the "keeping of livestock" shall have the same meaning as "animal husbandry." Animal husbandry shall not include a slaughterhouse nor a stockyard used for the housing of animals awaiting slaughter.
The American National Standards Institute, a nonprofit, privately
funded membership organization that coordinates the development of
U.S. voluntary national standards and is the U.S. representative to
nontreaty international standards setting entities including the International
Organization for Standardization (ISO) and the International Electrotechnical
Commission.
[Added 3-19-2001 by Ord. No. 03-01]
See "dwelling types."
The person or corporation responsible for a particular application
for an approval or permit under this chapter.
The total of areas that are within a building under a permanent
roof, taken on a horizontal plane at the main grade level of the principal
building and all accessory buildings.
A commercial area or structure involving indoor or outdoor
seating for meetings, live performances or sports events, but not
a use that meets the definition of a movie theater, adult cabaret
or standard or fast-food restaurant.
A building or area, other than a street, used for the display,
sale or rental of new or used motor vehicles, recreation vehicles,
boat trailers, farm equipment, motorcycles, trucks, utility trailers
or boats in an operable condition or transportable mobile/manufactured
homes in a livable condition. This use may include an auto repair
garage or auto service, provided that all requirements of such use
are complied with. This use shall not include a mobile/manufactured
home park or a junkyard. Outside storage and display of motor vehicles,
boats or manufactured homes shall be a permitted accessory use.
A structure and/or land where major repairs of motor vehicles
are conducted. This use may also include retail sales of gasoline
and auto parts and the storage of vehicles being currently serviced.
Major repairs include major mechanical and body work, straightening
of body parts, painting, welding or other work involving noise, glare,
fumes, smoke or other characteristics to an extent greater than normally
found in service stations. For the purposes of this chapter, this
shall also include closely similar repairs of boats.
A structure and/or land where gasoline, lubricants, batteries, tires or automobile accessories are supplied and dispensed at retail and where minor repairs are conducted. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than are customary and incidental to the sale of gasoline. Such use may also include the sale of food and common household products as a clearly accessory use, provided that the total parking requirements of Article XVII are complied with.
An enclosed floor area partly or wholly underground. A basement
shall be considered a "story" if more than 50% of the perimeter walls
at the basement ceiling height are five feet or higher above the adjacent
grade.
[Amended 7-16-2012 by Ord. No. 03-12]
The use of a single-family detached dwelling for accommodating transient guests for rent within the other requirements of this chapter. See § 275-190D(3).
See "sign, off-premises." A billboard shall be any off-premises
sign with any total sign area greater than 50 square feet.
The explosion of dynamite, black powder, fuse, blasting cap,
detonators, electric squibs or other explosives, as regulated and
defined by the regulations of the Commonwealth of Pennsylvania.
The Zoning Hearing Board of the Township of Bethlehem, unless
stated otherwise.
The Board of Commissioners of the Township of Bethlehem.
A residential use in which individual room(s) that do not
meet the definition of a dwelling unit are rented for habitation and
that does not meet 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 shall be considered
a type of boardinghouse. A boardinghouse may either involve or not
involve the providing of meals to residents.
A strip of land separating a land use from another land use
or feature, which is free of any principal or accessory building,
parking, outdoor storage or any use other than open space or concrete
sidewalks. A buffer yard may be a part of the minimum setback distance
but may not include an existing or future road right-of-way.
A "structure" having a roof supported by walls or pillars
and intended for the shelter, work area, housing or enclosure of persons,
animals, equipment or materials and that has total areas under roof
of greater than 16 cubic feet. "Building" is interpreted as including
"or part thereof." See the separate definition of "structure." For
the purposes of setback requirements, dwelling units that are attached
shall be considered to be within one building.
The office of a business in the building or construction
industry, including building trades such as painting plumbing, electrical
work, masonry, metal working, carpentry or heavy equipment operating.
Such places of business may be used for accessory outdoor storage
of materials and/or heavy equipment which are used on construction
sites customarily associated with the principal office use.
[Added 3-21-2022 by Ord. No. 02-22]
The office of a business in the building or construction
industry, including building trades such as painting, plumbing, electrical
work, masonry, metal working and carpentry, and which does not include
any accessory outdoor storage.
[Added 3-21-2022 by Ord. No. 02-22]
The ratio obtained by dividing the maximum horizontal area
in square feet of all principal and accessory buildings on a lot by
the total lot area in square feet of the lot upon which the buildings
are located.
The horizontal measurement between the two most distant portions,
other than portions measured diagonally, of any one building or of
the total of two or more attached buildings.
A building in which is conducted the principal use of the
lot on which it is located.
See "setback line."
The horizontal measurement between two structural walls of
one building that are generally parallel, measured in one general
direction that is most closely parallel to the required lot width.
For a townhouse, this width shall be the width of each individual
dwelling unit.
A club, bar, tavern, theater, hall or similar place which
features topless or bottomless dancers, entertainers or employees,
strippers, simulated sex acts, live or actual sex acts or similar
entertainers or entertainment.
A use that is primarily recreational in nature and that involves
the transient or seasonal occupancy of camping units on camping sites
clearly designated on the application or site plan, as applicable,
for such use.
A commercial use that:
Is primarily recreational in nature.
Is closely connected to a major recreational
water resource with a minimum water surface area of not less than
20 acres.
Involves the transient or seasonal occupancy of camping units on camping site clearly designated on a site plan for such use. (See § 275-190 for additional requirements.)
An area of land allocated to an individual camping unit.
Each camping site for a:
The individual designated by a patient to deliver medical
marijuana.
[Added 3-20-2017 by Ord.
No. 02-17]
An open area for the storage of one or more motorized vehicles
in the same manner as a private garage. Any carport covered by a permanent
roof shall be considered a building. If the permanent roof is attached
to the principal building, it shall be considered to be part of that
building.
The paved portion of a street or highway designed for vehicular
traffic and on-street parking, but not including the shoulder of the
street.
A system providing portable telephone service to specific
subscribers. A cellular telephone may also be referred to as a wireless
telephone.
[Added 3-19-2001 by Ord. No. 03-01]
Land or structures used for the burial of three or more deceased
persons. The disposal of the remains of properly cremated persons
are not regulated as a use.
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serous medical condition,
as authorized by certification by the commonwealth pursuant to the
Act.[2]
[Added 3-20-2017 by Ord.
No. 02-17]
Includes acting chairperson when applicable.
An establishment engaged primarily in the cashing of checks
by individuals; or 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:
[Added 3-5-2007 by Ord. No. 01-07]
A state or federally chartered bank, savings association, credit
union, or industrial loan association;
A gaming facility or racetrack; or
A retail store engaged primarily in selling or leasing items
to retail customers and that 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.
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the seasonal
sale of trees produced on the premises.
An entity that:
[Added 3-20-2017 by Ord.
No. 02-17]
Holds a permit both as a grower/processor and a dispensary pursuant
to the Act;[3] and
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity, regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
[Added 3-20-2017 by Ord.
No. 02-17]
A commercial communications antenna which is placed on, within,
immediately adjacent to, or supported by, an existing commercial communications
tower, an existing public utility transmission tower or pole, an existing
nonresidential principal structure, or an existing nonresidential
accessory structure (other than paved areas or concrete and similar
slabs and surface improvements), such that the antenna does not extend
more that 15 feet in height above such existing tower, pole or structure.
[Added 3-19-2001 by Ord. No. 03-01]
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 antennas or amateur radio equipment including without limitation ham or citizen band ratio antennas. Whether or not a permitted use, a commercial communications antenna is subject to the requirements of § 275-189A(18)(d) relating to visual impact analysis.
[Added 3-19-2001 by Ord. No. 03-01]
Either:
[Amended 3-19-2001 by Ord. No. 03-01]
A new structure such as a monopole, self-supporting tower, or
guyed tower, designed and used to support one or more commercial communications
antenna; or
A modification to an existing structure designed and used to
support one or more commercial communications antenna, where the commercial
communications antenna does not meet the definition of and is not
permitted by right as a co-located commercial communications antenna.
The OB, NC, GC and PC Districts.
The harvesting of more than 40 trees with a trunk width of three inches or more at a height three feet above the average ground level on any tract or lot within a calendar year. This definition shall not apply to Christmas tree farms nor to the clearing of a lot that is necessary for construction (within § 275-138).
Any area which is predominantly open space, is used principally
for active or passive recreation, and is used for a profit-making
purpose.
Retail sales, offices, personal services, auto sales, auto
repair garages and other business uses of a similar nature. The sale
of goods or services from a vehicle on a lot shall also be considered
to be a commercial use.
The Planning Commission of the Township of Bethlehem.
The Commonwealth of Pennsylvania.
[Added 3-20-2017 by Ord.
No. 02-17]
A noncommercial use that exists solely to provide recreational
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
only include uses operated primarily to carry out government-sponsored
programs, and shall not include residential uses.
The document entitled the Bethlehem Township Comprehensive
Plan, adopted by the Board of Commissioners, as amended.
A use that this chapter states may be permitted as a "conditional
use" after being reviewed by the Planning Commission and approved
by the Board of Commissioners.
Includes the placing of construction materials in permanent
position and fastening in a temporary or permanent position; and the
demolition of a preexisting building, provided that further construction
be diligently carried on.
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 sales area of less
than 5,000 square feet.
In residential development, shall mean development under
regulations of this chapter, other than a PRD or a single-family cluster
development.
To change or adapt land or structures to a different use,
occupancy or purpose.
See "lot, corner."
The County of Northampton, Commonwealth of Pennsylvania.
The cultivating, raising and harvesting of products of the
soil and the storage of these products produced on the premises. The
definition of "crop farming" shall also include orchards and Christmas
tree farms but shall not include animal husbandry, commercial forestry,
riding academies or kennels.
A building and/or land open to the public which contains
exhibits of clearly artistic or cultural interest, such as a museum,
art gallery or indoor nature study area. This shall not include uses
that are primarily commercial.
A proposed zoning amendment made to the Board of Commissioners
by any landowner who desires to challenge on substantive grounds the
validity of an ordinance which prohibits or restricts the use or development
of land in which he has an interest.
A use involving the supervised care or baby-sitting of children
outside of their home under age 16 clearly primarily for periods of
18 hours or less. This use may also include educational programs that
are supplementary to state-required education.
Calendar days.
A motor vehicle that is smaller than a tractor-trailer, such
as a van or two-axle truck, that is constructed, adapted or fitted
for the conveyance of goods, materials or merchandise used in any
trade, business, or industry, on which a business name or trademark
may be affixed and legible.
[Added 8-16-2021 by Ord. No. 07-21]
An off-street parking lot dedicated exclusively to the temporary
storage and parking of delivery vehicles that are used for express
delivery and fulfillment of mail, goods, materials or merchandise.
[Added 8-16-2021 by Ord. No. 07-21]
A measure of the number of dwelling units which occupy or
may occupy an area of land. Unless otherwise stated, the area of land
shall be based upon the definition of "lot area."
The Pennsylvania Department of Environmental Protection and
its relevant subparts.
A building that is surrounded on all sides by open yards
and that is not attached to any other building.
Shall mean:
Any man-made change to improved or unimproved
real estate, including but not limited to buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling
operations, and/or
Any activities defined as "land development" under Chapter 230, Subdivision and Land Development.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit issued by the Department of Health
("DOH") of the commonwealth to dispense medical marijuana pursuant
to the provisions of the Act.[6]
[Added 3-20-2017 by Ord.
No. 02-17]
Any building or structure used to dispense medical marijuana
by a licensed dispensary.
[Added 3-20-2017 by Ord.
No. 02-17]
The processing of materials so as to sort out which materials
are to be transported to different locations and the loading and unloading
of such materials. This use usually involves inventory control, material
handling, order administration and packaging or repackaging. This
term shall not include a "trucking company terminal." A distribution
use shall include, but not be limited to, a use that primarily involves
either loading materials from tractor-trailer trucks onto smaller
trucks or from smaller trucks onto tractor-trailer trucks.
A land area of the Township within which certain uniform
regulations and requirements or various combinations thereof apply
under the provisions of this chapter.
Principal or accessory building that includes residential
areas occupied exclusively by faculty or students of an accredited
college or university or state-licensed hospital or accredited public
or private primary or secondary school.
An entrance or exit used by vehicular traffic to or from
a property occupied by a single dwelling unit abutting a road.
[Amended 6-19-2006 by Ord. No. 03-06]
Any area used for solid waste disposal that does not operate
under a valid solid waste permit issued by PADEP and that is not a
permitted junkyard under this chapter.
A building designed or used as living quarters. The term
"dwelling" shall not include boardinghouse, hotel, motel, hospital,
nursing home, fraternity, sorority house or any other similar group
residence. A dwelling may include a dwelling that meets the definition
of a "modular home." This chapter categorizes dwellings into the following
types:
[Amended 3-21-2022 by Ord. No. 02-22]
GARDEN APARTMENTSThree or more dwelling units within a building that are separated by only horizontal floors or by a combination of horizontal floors and vertical walls (see definition of "townhouses"). This shall include buildings with a maximum height of 3 1/2 stories or 35 feet, whichever is lesser. The individual dwelling units may be leased or sold for condominium ownership.
MID-RISE APARTMENTSThree or more dwelling units within a building that is higher than 35 feet or 3 1/2 stories, and less than 60 feet or six stories (whichever is less).
MODULAR OR SECTIONAL HOMEA type of dwelling that meets a definition of single-family detached dwelling, single-family semidetached dwelling, townhouse or garden apartment that is in substantial part but not wholly produced in sections off the site and then is assembled and completed on the site. This shall not include any dwelling that meets the definition of mobile/manufactured home, nor shall it include any dwelling that does not rest on a permanent foundation, nor any dwelling intended to be able to be moved to a different site once assembled, nor any dwelling that would not fully comply with any and all applicable building codes. A modular home also shall not include a building that includes only one substantial piece prior to delivery on the site.
SINGLE-FAMILY DETACHED DWELLINGA dwelling unit accommodating a single family and having two side yards. The term "single-family detached dwelling" shall be deemed to include a single-family detached factory-built "modular home" placed on a permanent perimeter foundation and a mobile/manufactured home.
MOBILE/MANUFACTURED HOMEA transportable, single-family dwelling designed for permanent occupancy, contained in one unit or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used with or without a permanent foundation.
Mobile/manufactured homes shall be constructed
in accordance with the Safety and Construction Standards of the U.S.
Department of Housing and Urban Development. The term "mobile/manufactured
home" shall not be deemed to include "recreation vehicle" nor a "modular
home" placed on a permanent perimeter foundation. For the purposes
of this chapter, no structure of less than 300 square feet shall be
considered a "mobile/manufactured home." The terms "mobile home" and
"manufactured home" have the same meaning.
SINGLE-FAMILY SEMIDETACHED OR TWIN DWELLINGOne dwelling unit accommodating one family that is attached and completely separated by a vertical unpierced fire wall to only one additional dwelling unit. One side yard shall be adjacent to each dwelling unit. This use is commonly known as 1/2 of a duplex. Each unit may be on a separate lot.
TOWNHOUSEA dwelling unit that is attached to two or more dwelling units, or that is attached to a dwelling unit that is attached to two additional dwelling units. Each dwelling unit shall be completely separated from each other by vertical fire-resistant walls. Each dwelling unit shall have its own outside access. Side yards shall be adjacent to each end unit. Townhouses are also commonly referred to as rowhouses.
TWO-FAMILY DETACHEDTwo dwelling units accommodating one family each in one building, with both dwelling units within one lot and without the dwelling units being completely separated by a vertical fire wall. The building shall have two side yards.
A room or group of rooms intended for human habitation that
contains its own sanitary, sleeping and cooking facilities and separate
access to the outside, or to a common hallway or balcony that connects
to outside access at ground level.
[Amended 3-21-2022 by Ord. No. 02-22]
A building for the housing of fire, ambulance, rescue, police
or paramedic equipment and for related activities. A membership club
may be included as an accessory use. Also, this use may include housing
for such emergency personnel while on call.
The highest number of workers (including both part-time and
full-time) present on a lot at any one time, other than clearly temporary
and occasional construction workers.
Uses that are necessary for the preservation of the public health and safety, and that are routine, customary and appropriate to the character of the area in which they are to be located. See standards in § 275-190. Essential services shall not include a central sewage treatment plant, a solid waste disposal area or facility, communications towers, a power-generating station, septic or sludge disposal, offices, storage of trucks or equipment or bulk storage of materials.
A facility that offers indoor or outdoor recreational facilities,
such as the following: weight rooms, exercise equipment, nonhousehold
pool, racquetball courts and training for these activities.
The area on the ground within a prescribed radius from the
base of a commercial communications tower. The fall zone is the area
within which there is a potential hazard from falling debris or the
collapsing of the commercial communications tower. The fall zone shall
be initially determined by the applicant's engineer, submitted to
the Township Engineer for review, and revised by the applicant as
necessary to address review comments by the municipal engineer.
[Added 3-19-2001 by Ord. No. 03-01]
One or more individuals who are related to each other by
blood, marriage or adoption (including persons receiving formal foster
care) or up to four persons aged 18 or over who are not related to
each other who maintain a common household with common cooking facilities
and certain rooms in common, and who live within one dwelling unit.
A family shall also expressly include numbers of unrelated persons
that may be allowed by the group home provision of this chapter residing
within an approved group home.
[Amended 3-21-2022 by Ord. No. 02-22]
A man-made barrier placed or arranged as a line of demarcation
between lots or to enclose a lot or portion thereof, that is constructed
of wood, wire mesh, chain-link metal or chain-link aluminum and/or
plastic inserts. Man-made barriers constructed principally of other
materials including, but not, limited to brick, concrete or cinder
block, shall be considered a "wall." The term "wall" does not include
engineering retaining walls, which are permitted uses as needed in
all districts. The terms "fence" and "wall" do not include barriers
of landscaped materials, including hedges.
An establishment primarily involved with loans and monetary,
not material, transactions and that has routine interactions with
the public.
See definitions in Chapter 135, Floodplain Management.
See "commercial forestry."
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variant and quantity or percentage
of medical marijuana or particular active ingredient.
[Added 3-20-2017 by Ord.
No. 02-17]
A type of boardinghouse, regulated as such.
A facility licensed by the Pennsylvania Gaming Control Board
to place and operate slot machines pursuant to the Pennsylvania Race
Horse Development and Gaming Act, 4 Pa.C.S.A. § 1101 et
seq., as amended from time to time.
[Added 3-5-2007 by Ord. No. 01-07]
An enclosed building for the storage of one or more motor
vehicles. No business, occupation or service shall be conducted in
a private garage that is accessory to a residence, except as may be
allowed as a home occupation.
The accessory use of any lot for the occasional sale or auction of only common household goods and furniture and items of a closely similar character. See § 275-190D(8).
A sensation of brightness within the visual field which causes
annoyance, discomfort or loss in visual performance, visibility and/or
ability to focus.
A reference plane representing the average of finished ground
level adjoining the building at exterior walls. Where the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line. Where the lot line is more than six
feet from the building the referenced plane shall be between the building
and a point six feet from the building.
[Added 3-21-2022 by Ord. No. 02-22]
The use of any lawful dwelling unit which meets all of the
following criteria:
[Amended 12-20-2010 by Ord. No. 07-10; 3-21-2022 by Ord. No. 02-22]
Involves the care of the maximum number of persons permitted by the "group home" standards of § 275-189A(36) and meets all other standards of such section;
Involves persons functioning as a common household;
Involves providing nonroutine support services
and oversight to persons who need such assistance to avoid being placed
in an institution, because of physical disability, old age, mental/developmental
disability or other disability;
Does not meet the definition of "treatment center"
or a "dormitory"; and
Does not involve the housing or treatment of
persons who could reasonably be considered a threat to the physical
safety of others. The Northampton County Department of Human Services,
or other appropriate entity having jurisdiction, shall determine whether
a person can be reasonably considered a threat to the physical safety
of others.
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a current and valid permit from the DOH to grow and process
medical marijuana in the commonwealth, pursuant to the provisions
of the Act.[7]
[Added 3-20-2017 by Ord.
No. 02-17]
Any building or structure used to grow medical marijuana
by a licensed grower/processor that has a current and valid license
from the DOH pursuant to the Act.[8]
[Added 3-20-2017 by Ord.
No. 02-17]
Those wastes where significant potential exists for causing
adverse public health or environmental impacts if the waste is handled,
stored, transported, treated, or disposed of in a manner customarily
accepted for ordinary solid wastes. This also includes wastes subject
to special state or federal licensing or regulation.
The vertical distance from grade plane to the average height of the highest roof surface. For structures without a roof, measurement shall occur to the average height of the structure. See exemptions for certain types of structures in § 275-170.
[Amended 3-21-2022 by Ord. No. 02-22]
The overall height of the tower from ground level to the
highest point of the tower, including, but not limited to, antennas,
transmitters, satellite dishes or any other structures affixed to
or otherwise placed on the tower. If the tower is not on ground level,
the height of the tower shall include the height of the of building
or structure to which the tower is attached.
[Added 3-19-2001 by Ord. No. 03-01]
An airport that is limited to use by helicopters, this chapter
is not intended to regulate the nonroutine emergency landing and takeoff
of helicopters to pick up seriously injured or ill persons.
PUBLIC HELIPORTA heliport that does not meet the definition of a private heliport.
PRIVATE HELIPORTA heliport limited to a maximum total of 15 flights or takeoffs in any seven-day period and that is not available for use by the general public. This is also known as a helistop.
A use on land owned by the Commonwealth of Pennsylvania or
an agency or department thereof, or by the Township, for the purpose
of storing vehicles, equipment, materials and supplies for the maintenance
of streets, highways, and expressways. This use may include an accessory
office clearly incidental thereto.
[Added 8-7-2006 by Ord. No. 06-06]
The cultivation of herbs, fruits, flowers or vegetables on
a piece of ground adjoining a dwelling but excluding the keeping of
livestock.
A use conducted entirely within a dwelling or in a building accessory thereto that is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and that would be compatible with the residential character of an area. A home occupation may also include a use that is administered out of the dwelling unit. See requirements in § 275-190D(10).
[Added 12-20-2004 by Ord. No. 10-04]
A use conducted entirely within a dwelling or in a building accessory thereto that is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and that would be compatible with the residential character of an area. A home occupation, minor, may also include a use that is administered out of the dwelling unit. See requirements in § 275-190D(11). (A dwelling that only receives business mail at the address and does not involve the conduct of any other nonresidential use shall not be considered a home occupation and shall not by itself require a permit under this chapter for such activity.)
[Amended 12-20-2004 by Ord. No. 10-04[9]]
A use that involves the diagnosis, treatment or other medical
care of humans that includes care requiring stays overnight and that
may also include outpatient care. A medical care use that does not
involve stays overnight shall be considered a "medical office or clinic."
A hospital may involve care and rehabilitation for medical, dental
or mental health, but shall not include housing of the criminally
insane nor primarily involve housing or treatment of persons actively
charged with or serving a sentence after being convicted of a felony.
A hospital may also involve medical research and training for health
care professions.
See definition in § 275-246A.
[Added 12-20-2004 by Ord. No. 10-04]
A building or buildings including rooms rented out to transient
persons as temporary living quarters. Any such use that customarily
involves the housing of persons for periods of time longer than 30
days shall be considered a boardinghouse and shall meet the requirements
of that use. See also "bed-and-breakfast" use.
Any area covered by a structure, paving or other man-made
cover which has a coefficient of runoff of 0.8 or greater, as determined
by the Township Engineer. Area required to be left in pervious surfaces
may be located in a different zoning district than the use, provided
that such land area is part of the same lot and clearly stated on
submitted plans as permanent open area. The "maximum impervious coverage"
shall be the total area of impervious surfaces divided by the total
lot area.
Areas being dedicated as common open space may
be included in the total acreage for determining impervious coverage
of an adjoining lot.
Areas of land paved for the sole purpose of
tennis courts or basketball courts or closely similar active outdoor
recreation may be deleted from areas regulated under the maximum impervious
surface requirements of this chapter, unless they would also be used
for nonrecreation uses (such as parking). However, such areas shall
still be regulated as impervious surfaces for the purposes of stormwater
control.
The LI, LI(P) and GI districts.
Includes manufacturing, distribution, warehousing and other
operations of an industrial nature, and not primarily a commercial
or residential nature. This term shall not include uses otherwise
defined or classified herein for purposes permitted uses within a
given zoning district.
[Amended 3-21-2022 by Ord. No. 02-22]
Any or all discarded material or articles; including scrap
metal, furniture, appliances, junk motor vehicles, junk aircraft,
glass, industrial waste, abandoned machinery, equipment, containers,
structures and other used building materials, but not including organic
solid waste, grass clippings, leaves or tree limbs. The processing
or storage of junk shall only be permitted within an approved junkyard,
solid waste disposal area or recycling collection center. Junk shall
not include solid waste customarily stored in a completely enclosed
and sanitary container that is routinely awaiting collection.
A motor vehicle, recreational vehicle, trailer or truck or
the chassis or body of such vehicle, that meets a minimum of two of
the three following conditions:
Does not display a license plate with a current
state registration sticker.
Does not have a valid state safety inspection
sticker.
Cannot be immediately operated on a public street.
Also, any motor vehicle that has been demolished beyond reasonable
repair shall be considered a junk vehicle.
A lot, land or structure, or part thereof, used for the collection,
storage, dismantling, processing and/or sale of one, two or all of
the following conditions:
Junk, scrap metal and/or discarded material
that is not required by the state to be disposed of in a sanitary
landfill or other state-approved solid waste disposal facility. This
shall not include an approved recycling collection center.
Two or more junk vehicles that are partly or
fully visible from an exterior lot line, dwelling and/or public street.
This shall not apply to such vehicles allowed to be stored within
the specific requirements of an auto repair garage or auto service
station.
One or more boats that do not have current registration
and are not presently in a seaworthy condition.
One or more mobile or manufactured homes that
are not in a habitable condition. Junk stored within a completely
enclosed building shall be considered a warehouse and shall meet the
requirements of that use.
The keeping of five or more dogs or seven or more cats that
are older than six months. A nonprofit animal shelter is a type of
kennel.
The owner of a legal or equitable interest in land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition) or a lessee (if he
is authorized under the lease to exercise the right of the landowner),
or other person having a proprietary interest in land. A person who
has clearly received formal notarized powers of attorney relating
to a landowner may act in the capacity of the landowner, if legally
authorized. Within this definition, landowner may mean a partnership
of several individuals or corporations.
A form of residential use designed and operated exclusively
for adults of 55 years of age or older and/or disabled persons that
includes a nursing home and certain limited support facilities intended
specifically to serve the needs of these residents.
DIFFUSEDThat form of lighting wherein the light passes from the source through a translucent cover or shade.
DIRECT OR FLOODThat form of lighting wherein the source is visible and the light is shone directly onto a parking, storage or recreational area or onto a building.
INDIRECTThat form of lighting wherein the light source is entirely hidden, the light being projected directly at a wall or sign from a distance of 40 feet or less.
The dividing line between the existing street right-of-way
and the lot.
A vertically mixed-use building, where the ground floor is
a retail or office use and the floor(s) above is a residential use,
provided that no more than one residential unit may be provided for
each work unit within the same building.
[Added 12-20-2004 by Ord. No. 10-04]
Land occupied or to be occupied by one or more principal
buildings and accessory buildings, together with such open spaces
as are required under the provisions of this chapter, having not less
than the minimum area and width required by this chapter for a lot
in the district in which such land is situated and having its principal
frontage on a street or approved accessway.
The horizontal land area contained within the lot lines of
a lot (measured in acres or square feet). Lot area shall not include
the following:
A lot which has an interior angle of less than 135° at
the intersection of two street lines. A lot abutting upon a curved
street or streets shall be considered a "corner lot" if the tangent
to the curve at the points beginning within the lot or at the points
of intersection of the side lot lines with the street lines intersect
at an angle of less than 135°.
The average horizontal distance between the front and the
rear lot lines, measured in the general direction of the side lot
lines.
FRONT LOT LINE (STREET LINE)A lot line separating the lot from the existing street right-of-way. See the definition of "yard, front."
REAR LOT LINEA lot line opposite and most distant from the front lot line. (A three-sided lot has no rear lot line.)
SIDE LOT LINEAny lot line other than a front or rear lot line. A "side street lot line" is a side lot line separating a lot from a street.
An irregularly shaped lot characterized by an elongated extension from a road to the principal part of the lot. The flag or keyhole shape of the lot is normally intended to provide for access to an otherwise landlocked interior parcel. See § 275-171B(9).
A lot other than a corner lot.
The property lines bounding the lot. Wherever a property
line borders a public street, the lot line shall be considered to
be the existing street right-of-way.
Lot which fronts on one public street but provides vehicular
access solely from another public street at the rear of the lot.
A lot having frontage on two approximately parallel streets.
The horizontal distance between the side lot lines measured at the minimum front yard building setback line, unless otherwise stated. See § 275-169A, Street frontage required.
 | |
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Terms For Lot Requirements
For Illustrative Purposes Only
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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. This term shall not include the following: retail sales,
personal services, solid waste disposal facility, trucking company
terminal[10] or uses otherwise defined or classified herein.
[Added 3-21-2022 by Ord. No. 02-22]
The performance of manipulative exercises on a human body
by another person that involves the hands and/or a mechanical device.
An establishment that meets all of the following criteria:
Lawful massages are performed for a fee on one
person by one or more other persons.
The person conducting the massage is not licensed
as a health care professional or licensed massage therapist by the
state.
The massages are conducted within private or
semiprivate rooms.
The use is not clearly a customary and incidental
accessory use to a permitted exercise club.
Marijuana for certified medical use as legally permitted
by the commonwealth and the provisions of the Act.[11]
[Added 3-20-2017 by Ord.
No. 02-17]
Any facility used to house delivery vehicles for supplying
marijuana plants or seeds to one or more grower/processor facilities
and/or dispensary facilities.
[Added 3-20-2017 by Ord.
No. 02-17]
A dispensary facility or a grower/processor facility.
[Added 3-20-2017 by Ord.
No. 02-17]
A use involving the treatment and examination of patients
by state-licensed physicians or dentists, provided that no overnight
patients shall be kept on the premises. This use may involve the testing
of tissue, blood or other human materials for medical or dental purposes.
An area of land or building used by a recreational, civic,
social, fraternal, religious, political or labor union association
of persons for meetings and routine socializing and recreation that
are limited to members and their occasional guests, but not including
members of the general public. This use shall not include a target
range for outdoor shooting, boardinghouse, a tavern, a restaurant
or an auditorium unless that particular use is permitted in that district
and the applicable requirements of that use are met.
Includes all activity which removes from the surface or beneath
the surface of the land some bulk mineral resources by means of mechanical
excavation. "Mineral extraction" includes, but is not limited to,
the excavation necessary to the extraction of sand, gravel, topsoil,
limestone, sandstone, coal, clay, shale and iron ore. The routine
movement of and replacement of topsoil during construction shall not
by itself be considered to be mineral extraction.
See under "dwelling types."
A lot under single ownership which has been so designated
and improved that it contains two or more mobile/manufactured home
lots for the placement thereon of mobile/manufactured homes.
A mobile/manufactured home lot is an area of
land in a mobile/manufactured home park, improved with the necessary
utility connections and other appurtenances necessary for the erections
thereon of a single mobile/manufactured home.
See "hotel."
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, as amended by Act 170 of 1988, and as further amended.[12]
A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which involves no customer, client or patient traffic, whether vehicular or pedestrian, pickup, delivery or removal functions to or from the premises, in excess of those normally associated with residential use. The business or commercial activity shall satisfy the requirements of § 275-190. Such business shall not by itself require a permit under this chapter for such activity.
[Added 12-20-2004 by Ord. No. 10-04]
Lot which has area(s) or dimension(s) which were lawful prior
to the adoption or amendment of this chapter, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption or amendment.
A structure or part of a structure manifestly not designed
to comply with the applicable setback, dimensional or extent of use
provisions in this chapter as amended, where such structure lawfully
existed prior to the enactment of this chapter or amendment or prior
to the application of this chapter or amendment to its location by
reason of annexation. Such nonconforming structures include, but are
not limited to, nonconforming signs.
A use, whether of land or of structure, which does not comply
with the applicable use provisions in this chapter, as amended, where
such use was lawfully in existence prior to the enactment of this
chapter or amendment, or prior to the application of this chapter
or amendment to its location by reason of annexation.
A facility licensed by the state for the housing and intermediate
or fully skilled nursing care of four or more persons.
A use that involves administrative, clerical, financial,
governmental or professional operations and operations of a similar
character. This use shall not include retail nor industrial uses,
but may include business, governmental, professional, medical or dental
offices and medical or dental clinics or medical or dental laboratories,
photographic studios and/or television or radio broadcasting studios.
The official map as adopted or amended by the Board of Commissioners
in accordance with the State Municipalities Planning Code.
The map adopted as part of this chapter classifying the streets
of the Township. See definition of "street classification."
The map as adopted by the Board of Commissioners which designates
the location and boundaries of zoning districts.
Land area that is not covered by a roof or building.
A parcel or parcels of land, or an area of water or a combination
of land and water within a tract which is not occupied by streets,
existing or proposed to be dedicated street rights-of-way, buildings
or off-street parking and that is designed, intended and suitable
for active or passive recreation by residents of a development or
the general public.
The Bethlehem Township Zoning Ordinance, including the Official
Zoning Map, Official Street Classification Map and any amendments
enacted by the Board of Commissioners.
A use involving solely the treatment and rehabilitation of
patients requiring orthopedic medical care by state-licensed physicians.
This use may include the overnight stay of not more than 20 patients
for rehabilitative care following orthopedic or closely related surgery.
[Added 3-18-2002 by Ord. No. 03-02]
Pennsylvania.
The delivery of parcels or mail as single shipments. The
service relies on sophisticated networks and reliable tracking of
shipments that are provided by postal systems, express mail, and private
courier companies.
[Added 8-16-2021 by Ord. No. 07-21]
Off-street parking accommodated in an open parking lot unless
otherwise stated, used for the storage of motor vehicles.
[Amended 8-16-2021 by Ord. No. 07-21]
An off-street, ground level open area that provides temporary
storage for motor vehicles.
[Added 8-16-2021 by Ord. No. 07-21]
A space available for the parking of one motor vehicle, not
including drive aisles and driveways.
[Added 8-16-2021 by Ord. No. 07-21]
All areas covered by gravel and/or impervious surfaces, other
than buildings and concrete public sidewalks.
An establishment engaged in retail sales of secondhand merchandise
and that offers personal loans secured by consumer goods, jewelry
and other personal property held by the pawn shop.
[Added 3-5-2007 by Ord. No. 01-07]
The Pennsylvania Department of Transportation, or its successor,
and its subparts.
A document issued by the proper Township authority authorizing
the applicant to undertake certain activities.
ZONING PERMITA permit issued indicating that a proposed use, building or structure is in accordance with the Bethlehem Township Zoning Ordinance which authorizes an applicant to proceed with said use, building or structure, within all other applicable laws and regulations. For the purposes of this chapter, a zoning permit or "a permit under this chapter" shall mean the applicable portions of a construction permit, unless a specific system of zoning permits has been established.
CONSTRUCTION PERMITA permit indicating that a proposed construction, alteration or reconstruction of a structure is, to the best knowledge of the Township Staff, in accordance with the provisions of any building code which may be adopted by the Township.[13]
CERTIFICATE OF OCCUPANCYA permit issued upon completion of the construction of a structure, or change in use of a structure or land, indicating that the premises, to the best knowledge of the construction official, comply with the provisions of this chapter and any other relevant Township ordinances.
Uses that do not need zoning approval as uses by the Zoning
Hearing Board or the Board of Commissioners. (A site plan review by
the Planning Commission and the Board of Commissioners is required
for certain permitted-by-right uses to ensure that the use would comply
with all Township ordinances.) A "nonconforming use" shall not be
considered to be a "permitted use."
Residential use providing residential and support services
primarily to persons over age 60 and/or the disabled and their spouses,
and that is licensed as a personal-care center by the Commonwealth
of Pennsylvania.
An establishment that provides a service oriented to personal
needs of the general public which do not involve primarily retail
or wholesale sales. Personal services include barber and beauty shops,
shoe repair shops, tailoring, household appliance repair shops and
other similar establishments, but shall not include a massage parlor.
An area of open space and pavilions that is not publicly
owned, which is rented for picnics and outdoor recreation.
Buildings, synagogues, churches, religious retreats, monasteries,
seminaries and shrines used primarily for religious and/or spiritual
worship and that are operated for nonprofit and noncommercial purposes.
See § 275-86.
An area of land to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which meets the requirements of Article XXIII of this chapter and which deviate from specific requirements of the zoning district where provided by Article XXIII and which includes preserved common open space.
See § 275-78.
The Planning Commission of the Township of Bethlehem.
The indoor and/or outdoor raising of trees, plants, shrubs
or flowers for sale, but not including the commercial cutting down
of trees for lumber. On a lot of over five acres or on any lot in
a commercial or industrial district, a plant nursery may also include
the sale of plants that were not grown on the site and accessory sale
of fertilizers, mulch, garden tools and similar materials. A plant
nursery may also include Christmas tree sales.
The structure in which the principal use of a lot is conducted.
A "principal building" shall be a principal structure that also meets
the definition of a "building." Any building that is physically attached
to a principal building shall be considered part of that principal
building.
The dominant use(s) or single main use on a lot, as opposed
to an accessory use.
Including a jail, a place for the confinement of persons
in lawful detention under the supervision of county, state and/or
federal officials, especially persons convicted of crimes. A prison
may be privately or publicly owned and maintained.
[Added 7-16-2012 by Ord. No. 03-12]
The practice by a state-licensed medical, osteopathic or
chiropractic physician, dentist, public accountant, architect, attorney,
professional engineer, registered surveyor or similar state-licensed
occupation.
The same meaning as "lot line."
Land and/or facilities that are owned by a government agency
or the Township and are available for use by the general public for
leisure and recreation.
Notice required by the Municipalities Planning Code.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
[Added 3-19-2001 by Ord. No. 03-01]
A facility licensed to conduct live thoroughbred or harness
race meetings with pari-mutuel wagering by either the Pennsylvania
State Horse Racing Commission or the Pennsylvania State Harness Racing
Commission pursuant to the Race Horse Industry Reform Act, 4 P.S.
§ 325.101 et seq., as amended from time to time, and which
may include, but is not limited to, a facility also licensed by the
Pennsylvania Gaming Control Board to place and operate slot machines
pursuant to the Pennsylvania Race Horse Development and Gaming Act,
4 Pa C.S.A. § 1101 et seq., as amended from time to time.
[Added 3-5-2007 by Ord. No. 01-07]
A vehicle which is designed primarily to transport a person
for primarily recreational instead of transportation purposes or a
vehicle that serves as a mobile, temporary dwelling. This may include
a vehicle that is self-propelled, towed or carried by another vehicle.
It also shall include water craft with a hull longer than 10 feet.
It also shall include motor homes, travel trailers, all-terrain vehicles
and snowmobiles.
An open area used for the storage of two or more recreational
vehicles. Retail sales or major repair work shall only be allowed
if those uses are permitted in that district.
Leisure-time activities that are only open to members, guests
or some specific groups and/or that are principally operated for commercial
purposes.
A use for collection of common household materials for recycling,
but that does not involve processing or recycling other than sorting
and weighing of materials.
An establishment engaged in conducting research and experimental
development or analytical testing services in the physical, engineering
and life sciences fields. This term shall not include research, engineering
or testing or uses otherwise defined or classified herein.
[Added 3-21-2022 by Ord. No. 02-22]
RR, LDR, MDR and MHDR Zoning Districts.
The lot line of a lot containing an existing dwelling or
the lot line of undeveloped land zoned as a residential district.
An establishment that serves ready-to-consume
food or drink for compensation and that does not meet the definition
of a standard restaurant.
A fast-food restaurant may include the accessory
sale of alcoholic beverages; however, if such sale is a primary or
substantial portion of the total trade, the requirements of a tavern
must be met.
If a primary or substantial portion of the total
trade is in admission charges for entertainment and the use has a
capacity of more than 300 persons for such entertainment, the requirements
for an auditorium shall be met.
An establishment that serves ready-to-consume
food or drink for compensation in which the majority of the customers
order their food while seated inside a building from a waiter or waitress
and then the food is delivered to their table.
A standard restaurant may include the accessory
sale of alcoholic beverages; however, if such sale is a primary or
substantial portion of the total trade, the requirements of a tavern
must be met.
If a primary or substantial portion of the total
trade is in admission charges for entertainment and the use has a
capacity of more than 300 persons for such entertainment, the requirements
for an auditorium shall be met.
A use in which merchandise is sold or rented to the general
public, but not including the following: sales of motor vehicles or
boats, adult use, manufacturing, tavern, car wash, auto service station,
auto repair garage, convenience store or restaurant.
A residential development limited exclusively to persons
aged 55 years and older and their spouses.
Land reserved for the public or others for use as a street
or other purpose. Unless otherwise stated, "right-of-way" shall mean
the existing right-of-way line.
The line separating a lot from the legal street right-of-way
owned by the Township or the Commonwealth. This existing right-of-way
shall be the right-of-way line that is proposed to legally exist after
a subdivision, land development or development of a use.
Land required to be reserved for future or present use as a street, but that may also be used for other public purpose. The terms "ultimate right-of-way," "right-of-way reserved for future dedication" and "future right-of-way" shall have the same meaning. See § 275-173.
A type of "solid waste disposal area" involving the depositing
of solid waste on land, compacting the waste, covering the waste with
soil and then compacting the soil, and which has a permit to operate
as a sanitary landfill from the state.
A ground-based reflector, usually parabolic in shape, intended
for use to receive electronic signals from a satellite. This shall
also include any pedestal or attached structure.
An educational institution primarily for persons between
the ages of five and 18 that primarily provides state-required or
state-funded educational programs.
A year-round vegetative material of substantial height and density designed to buffer less compatible uses from each other. See requirements in § 275-171D.
A building or group of buildings divided into individual
separate access units which are rented or leased for the storage of
personal and small business property.
The materials pumped from a residential on-lot septic treatment
system that was installed and is maintained in compliance with state
DEP regulations.
The line within a lot defining the required
minimum distance between any structure to be erected or use to be
developed and the adjacent public right-of-way or exterior lot line
(when the property is not abutted by a right-of-way). Such line shall
be measured at right angles from the front street right-of-way line
which abuts the property upon which said building is located and shall
be parallel to said right-of-way line.
Any building setbacks shall be measured from
the foundation, exterior wall or other component of a structure that
is closest to the right-of-way line or lot line from which the setback
is being measured.
Unless otherwise stated, setback distances are
for both accessory and principal structures.
For eaves and cornices, see § 275-171B(4).
PRIVATE STREETSFor a building setback measured from a private street, the setback shall be measured from the right-of-way of such a street, if a right-of-way exists. If a private street does not have a right-of-way, the setback shall be measured from the edge of the cartway.
A system to collect, treat and dispose of sewage. No such
system shall be permitted that does not comply with local, state and
federal law.
PUBLIC SEWER SERVICEService at the time of occupancy of a use by a central, publicly owned and operated sewage treatment plant.
ON-LOT SEWER SERVICEAny form of sewage service permitted under local, state and federal law that does not meet the definition of public sewer service. In most cases, this will involve a private on-lot septic system, but may involve an approved community cluster system.
The treated, conditioned digested accumulated settled solids
deposited as a result of sewage treatment processes that occur within
the requirements of a state or federal environmental pollution permit.
This shall only include substances adequately stabilized so that they
are suitable for land application.
A use combining four or more retail or personal service uses.
Such a use may also include offices.
An area required to be kept free of visual obstruction. See § 275-171.
Any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public. This shall include any letter, word, model, display, banner, flag, device or representation that is visible from an exterior lot line. See definitions of types of signs in § 275-150. This shall not include displays that only involve symbols that are clearly and entirely religious in nature.
See § 275-160.
A sign which directs attention to an object, product, service,
place, activity, person, institution, organization, or business that
is primarily offered of located at a location other than the lot upon
which the sign is located. See also "billboard."
An area of land to be developed as a single entity for a number of single-family detached dwellings in compliance with the regulations contained in Article XXII.
Review of a site plan by the Planning Commission and/or the Board of Commissioners. See § 275-178A.
A use involving the killing of animals for the production
of food or some other commercial product. A commercial stockyard or
similar facility that primarily involves the bulk storage or transferring
of animals on the way to slaughter shall also be considered a slaughter
house. This shall not include a custom "butcher shop" (which is a
retail sales use).
A use involving solely the diagnosis and treatment of patients
who suffer from sleep-related disorders.
[Added 12-5-2011 by Ord. No. 09-11]
The vertical change of an area of land divided by the horizontal
change, measured in a percent.
The application of sewage sludge and/or septage to land for
its plant nutrient value or as a soil conditioner.
Unless otherwise stated, shall mean the appointed Solicitor
to the Bethlehem Township Board of Commissioners.
Any garbage, refuse, sewage sludge or other
discarded material, including solid, liquid, semisolid or contained
gaseous material resulting from industrial, institutional, public,
household, commercial or mining activities, but not including substances
that are legally accepted and disposed of into the air or water through
a federal pollution discharge permit.
For the purposes of this chapter, the following
wholly natural and biodegradable materials shall not be considered
to be solid waste unless the materials are disposed of in such a way
that a hazard is created to the public health and safety, portions
of trees or shrubs, leaves, mulch, grass clippings, rocks, brick,
cinder block and concrete. These materials shall be defined as "clean
fill." Brick, cinder block and concrete may, however, meet the definition
of "junk," if not properly disposed or stored.
For the purposes of this chapter, customary
residual wastes from an approved mineral extraction use shall not
be considered to be solid waste.
Land or structures where solid waste is processed,
incinerated or disposed of. This shall only include the following
facilities, each of which shall be required to have all permits required
by the state in place prior to initiation of the use: sanitary landfill,
solid waste transfer station, solid waste sorting and/or recycling
center or solid waste-to-energy incinerator.
The following uses for the purposes of this
chapter shall not be considered to be a solid waste disposal facility
junkyard, recycling collection center, leaf composting, clean fill
or septage or sludge application.
A use for which the Zoning Hearing Board may grant permission
following a public hearing and findings of fact consistent with this
chapter, provided the use complies with the conditions and standards
required by this chapter.
Any housing of more than two horses. This may include a commercial or private riding club. The housing of one or two horses shall be considered an accessory use under § 275-190D(13), Keeping of pets.
The Commonwealth of Pennsylvania and its agencies.
Those areas having slopes of 15% or more. See § 275-124.
A floor level of a building having an average vertical distance
of not less than 6.5 feet between the surface of any floor and the
ceiling next above it, shall be considered a full story. Any such
portion of a building having a maximum vertical distance of less than
6.5 feet shall be considered a half-story, except as provided in the
definition of "basement."
A public or private thoroughfare which affords principal
means of access to abutting properties or that is an expressway, but
not including an alley or a driveway.
The center of the existing street right-of-way or, where
such cannot be determined, the center of the traveled cartway.
Certain standards in this chapter vary with the type of street
abutting the properties. All existing streets within the Township
have been classified in accordance with the following definitions.
See the Street Classification Map at the end of this chapter for the
designation of each existing street.[16]
EXPRESSWAYA limited-access street on which access is provided only at interchanges.
ARTERIALA street whose function is to provide for the movement of high volumes of through traffic and direct access to abutting properties; subject to necessary control of entrances, exits and curb use.
CONNECTORA street which serves a similar but slightly less intense function than an arterial street. For the purposes of setback and screening requirements of this chapter, a ramp to an expressway shall be considered to be a connector.
COLLECTORA street which provides for the movement of moderate volumes of traffic between arterial and local roads and direct access to abutting property.
LOCALA street whose function is to provide for local traffic movement with relatively low volumes and direct access to abutting properties.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land. Any structure
shall be subject to the principal or accessory setbacks of this chapter,
as applicable, unless specifically exempted or unless a specific setback
is established for that particular type of structure by this chapter.
See the definition in Chapter 230, Subdivision and Land Development.
Chapter 230, Subdivision and Land Development, as amended.
The definitions in Chapter 235, Swimming Pools, shall apply.
A place where alcoholic beverages are served as a primary
or substantial portion of the total trade. The sale of food may also
occur. See also the definition of "restaurants."
The use of any premises or structure for living and/or sleeping
purposes by any persons or series of persons for less than 100 consecutive
days in any calendar year.
A structure which is not to be used for any use on a site
for more than one year.
An establishment primarily involving testing and/or repair
services provided to other businesses, retailers, wholesalers and
their agents, and not to the general public. This term shall not include
the following: warehouse or warehousing, manufacturing, research,
engineering or testing laboratory, auto repair garage, auto service
station or uses otherwise defined or classified herein.
[Added 3-21-2022 by Ord. No. 02-22]
A building or part of a building devoted to the showing of
moving pictures or theatrical or performing arts productions as a
principal use, but not including an outdoor drive-in theater or adult
movie theater.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions, on a paid admission basis, to patrons seated in automobiles
or on outdoor seats.
The storage of more than 300 tires on a lot, except for manufacture
or wholesale or retail sales of new tires.
See "dwelling types."
The Township of Bethlehem, Northampton County, Pennsylvania.
In certain districts, the tract is the minimum
amount of land required to be approved or have been approved in a
preliminary subdivision or land development plan prior to subdivision
into allowed lots smaller than the minimum tract size.
ACCESSA tract shall only include areas of land that in the approved preliminary plan included a well-defined internal circulation system, maximum coordination between lots and carefully limited points of vehicular access onto streets exterior to the tract.
OWNERSHIPAt the time of the approval of the preliminary plan, the tract shall have one "landowner" as defined by this article. If more than one person, entity or corporation is involved as the "landowner," such applicant shall provide evidence acceptable to the Zoning Hearing Board that there is a legally binding commitment between such entities to coordinate the access and development of the tract as shown in the approved preliminary plan.
CONTIGUOUSAll land area within a tract shall be contiguous, although the land may be separated by alleys, streets or waterways.
MUNICIPAL BOUNDARIESOnly areas within the Township shall be considered to be within a tract for purpose of meeting the minimum tract area.
MEASUREMENTThe land area with a tract shall be calculated by totaling the "lot area" (as defined in this article) of each lot within the tract and also any land proposed to be dedicated as common open space.
A facility that is primarily intended for education of a
work-related skill or craft or a hobby and that does not primarily
provide state-required education to persons of ages four to 19. This
shall include a dancing school, martial arts school or ceramics school.
A use (other than a prison or a permitted accessory use in
a "hospital") providing housing facilities for persons who need specialized
housing, treatment and/or counseling because of:
Criminal rehabilitation, such as a criminal
halfway house or a treatment/housing center for persons convicted
of driving under the influence of alcohol.
Addiction to alcohol or a controlled substance.
A type of mental illness, criminal history or
other behavior that has caused or could reasonably be expected to
cause a person to be a threat to the physical safety of others.
A use involving a large variety of materials, including materials
owned by numerous corporations, being transported to a site to be
unloaded primarily from tractor-trailer trucks and reloaded primarily
onto tractor-trailer trucks and which does not involve significant
on-site repackaging or processing. A use that primarily involves either
loading materials from tractor-trailer trucks onto smaller trucks
or from smaller trucks onto tractor-trailer trucks shall be considered
a "distribution" use. A use that involves significant repackaging
or processing shall be considered a "distribution" use.
A commercial use that primarily involves providing fuel and
other services to tractor-trailer trucks and their drivers. This use
may also involve providing repair services, sale of household items,
a restaurant, showers and a motel, but shall not include an "adult
use."
Any purpose for which land or a building is designed, arranged,
intended or for which it is or may be occupied or maintained and any
activity, occupation, business or operation carried on in a building
or structure or on a lot. Uses specifically include but are not limited
to the following: recreational vehicle storage or parking of commercial
vehicles on a lot. As used in this chapter, "use" includes building
or structure.
The granting of permission by the Zoning Hearing Board to
use or alter land or structures which requires a variation from the
strict application of a requirement of this chapter. Variances shall
be granted only as permitted under Municipalities Planning Code.
See "animal hospital."
A building or group of buildings primarily used for the indoor
storage, transfer, loading and unloading of products and materials,
but not including retail uses or a trucking company terminal, unless
such uses are specifically permitted in that zoning district.
A system designed to transmit water from a source to users,
in compliance with the requirements of the appropriate state agencies
and the Township.
PUBLIC WATER SERVICEService by a central water system that is owned and operated by a municipal authority or a water company with a service area defined by the State Public Utility Commission which transmits water from a common source to more than 20 dwellings or principal uses.
ON-LOT OR NONPUBLIC WATER SERVICEService by a water system that does not meet the definition of a "public water service." In most cases, this would involve an individual well serving an individual lot, but may also include a common well or another duly approved system.
An area of land and/or water meeting one or more definitions
of a "wetland" under federal and/or Pennsylvania law and/or regulations.
Sales that primarily involve transactions with other businesses,
retailers, other wholesalers and their agents, and not to the general
public. This term shall not include the following: warehouse or warehousing,
retail store, trucking company terminal[17] or uses otherwise defined or classified herein.
[Amended 3-21-2022 by Ord. No. 02-22]
A noncommercial preservation of land for providing wildlife
habitats, forests or scenic natural features that involves no buildings
other than a nature education and/or study center and customary maintenance
buildings.
An area that is not covered by roofs or buildings and that
is on the same lot with a building or structure.
An open area measured perpendicular from a street right-of-way
line, and which extends the full width of the lot. The minimum front
yard establishes the minimum setback of a building from the front
lot line.
The depth of the "front yard" shall be measured
perpendicular from the future street right-of-way line, unless stated
otherwise. If a future street right-of-way line has not been established,
then the front yard shall be measured from the existing street right-of-way.
The front yard shall be on a side that faces
towards a public street, whenever one public street abuts the lot.
When a lot abuts onto two or more public streets,
the applicant may choose which is the front yard, unless the Zoning
Officer determines that the front yard should follow the clearly predominant
front yard orientation of the development of abutting lots.
Porches covered by permanent structures, whether
enclosed or unenclosed, but not steps, shall be considered as part
of the principal building and shall not project into a required front
yard.
A building shall not extend into the required
front yard.
An area that is on the same lot with the subject building,
extending the full-width of the lot and measured from the entire length
of the rear lot line from side lot line to side lot line. Such minimum
dimension shall restrict the proximity of buildings from the rear
lot line. A building shall not extend into the required rear yard.
An open area that is on the same lot with the subject building,
measured from the entire length of the side lot line, and extending
from the front lot line to the rear lot line. Such minimum dimension
shall restrict the proximity of buildings from the side lot line.
Any lot line that is not determined by the Zoning Officer to be a
rear line or a front line shall be deemed a side line. A building
shall not extend into the required side yard.
The Official Zoning Map of Bethlehem Township, Northampton
County, Pennsylvania.
The administrative officer charged with the duty of enforcing
the provisions of this chapter or his/her designated assistant(s).
The Bethlehem Township Zoning Ordinance [Chapter 275], as amended.
[1]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[2]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[3]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[4]
Editor's Note: See 68 Pa.C.S.A. § 3101 et seq.
[5]
Editor's Note: See 68 Pa. C.S.A. § 5101 et seq.
[6]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[7]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[8]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[9]
Editor's Note: This ordinance also repealed
the definition, "home office," which immediately followed this definition.
[10]
Editor's Note: The phrase "truck terminal" was revised to
"trucking company terminal" at the direction of the Township.
[11]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[12]
Editor's Note: See 53 P.S. § 10101 et seq.
[14]
Editor's Note: The Medical Marijuana Act, 35 P.S. § 10231.101
et seq.
[15]
Editor's Note: The definition of "related," which immediately
followed this definition, was repealed 3-21-2022 by Ord. No. 02-22.
[16]
Editor's Note: Said map is on file in the Township offices.
[17]
Editor's Note: The phrase "truck terminal" was revised to
"trucking company terminal" at the direction of the Township.
