For the purposes of this chapter, the following classes of uses
are established:
Permitted uses are uses permitted by right, provided said use
is shown as a permitted use in the zoning district schedule for the
district in which the use is located or proposed and the use complies
with all other provisions of this chapter, including the Zoning District
Map which is adopted by this chapter.
Accessory uses are uses permitted by right, provided said use
is shown as an accessory use in the zoning district schedule for the
district in which the accessory use is located or proposed and the
use thereof complies with all other provisions of this chapter, and
further provided that all of the following apply:
A. The proposed accessory use, building or structure is customarily
associated with, incidental to and provided with the permitted use
existing on the lot.
B. The extent, size and intensity of such proposed accessory use, building
or structure is in keeping with the scale, nature and characteristics
of the permitted use on the lot.
C. The proposed accessory use, building or structure is not contrary
to the intent of the zoning district in which the lot is situate,
as established by the Official Zoning Map adopted by this chapter.
D. The accessory use, building or structure shall not be permitted to
exist unless the primary use exists on the same lot or an adjacent
lot under common ownership.
It is hereby recognized that certain uses and activities which
might otherwise be prohibited by this chapter are nevertheless such
that their establishment and operation for a limited period of time
would serve the public interest. For the purpose of this chapter,
such uses are declared to be "temporary uses" which may be permitted
in any district upon application to and approval by the Zoning Officer,
subject to the following:
A. The proposed use is of such a nature that at the time of application
that it would not exert a detrimental effect upon the use of neighboring
properties.
B. The proposed use will materially contribute to the general welfare,
needs and convenience of the Borough of Bath and the general public.
C. The duration of the proposed use shall be established by specific
dates as will, in the judgment of the Zoning Officer, serve the intended
purpose of the temporary use. Sales tents or trailers shall be permitted
for two weeks.
D. Security shall be required by the Zoning Officer in an amount necessary
to restore the property on which the temporary use was located to
its original condition or to a condition that complies with the requirements
of the Zoning Ordinance.
It is hereby recognized that certain uses may be necessary to
serve the needs and convenience of the Borough but which uses may
become inimical to the public health, safety and general welfare by
reason of their inherent nature or operation and therefore require
special and proper consideration of existing and probable future conditions
and characteristics of the surrounding area. Such uses are hereby
declared to be special exception uses and may be permitted upon application
to and approval by the Zoning Hearing Board, provided said use is
shown as a special exception use in the zoning district schedule for
the district in which the use is located and subject to the considerations
as set forth in § 675-26E(3).
The following uses are expressly prohibited:
A. A use not listed in a zoning district schedule shall be prohibited
in that zoning district.
B. A building, lot or any part thereof used for any purpose that is
or may become obnoxious or offensive by reason of odor, dust, smoke,
gas, vibration, illumination or noise or that is detrimental or injurious
to the public health, safety or welfare or used for any purpose that
constitutes unusual public hazard due to fire, explosion or any other
similar cause.
C. A lot used for the open dumping or burning of trash, garbage, rubbish
or other waste products.
D. Notwithstanding any other provision of this chapter, no use may be
made of any land or water within any zoning district so as to:
(1)
Create electrical interference with navigational signals or
radio communication between aircraft and the Lehigh Valley International
Airport;
(2)
Make it difficult for pilots to distinguish between airport
lights and others;
(3)
Result in glare to pilots using the airport;
(4)
In any way endanger or interfere with the landing, taking off
or maneuvering of aircraft.
E. Not more than one principal use shall be permitted on a single lot, except in a M-C Manufacturing Commercial Zone as set forth in §
675-66A.
[Amended 7-6-2009 by Ord.
No. 2009-612; 5-13-2015 by Ord. No. 653]
The Zoning Hearing Board may, by special exception, determine
that a proposed use is sufficiently similar in character and impact
to that of a listed use and that the proposed use may be treated the
same as the listed use.
Any use not expressly provided for in this chapter shall be
presumed to be a permitted use in the M-C zone unless expressly prohibited.