Except as defined herein, all words used in
this chapter shall carry their everyday dictionary definition.
A.Â
Words used in the present tense include the future
tense.
B.Â
Words used in the singular include the plural, and
words used in the plural include the singular.
C.Â
The word "person" includes a firm, association, organization,
partnership, corporation, trust and company as well as an individual.
D.Â
The word "lot" shall include the word "plot" or "parcel"
or "tract."
E.Â
The word "shall" is always mandatory and not merely
directory.
F.Â
The word "structure" shall include the word "building"
and any man-made object or improvement.
G.Â
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."
H.Â
The words "Zoning Map" or "Bethlehem Zoning Map" shall
mean the Zoning Map of the Town of Bethlehem, New York.
I.Â
Unless the context requires a different interpretation,
any word denoting gender includes the female and the male.
J.Â
The term "Town Board" shall mean the Town Board of
the Town of Bethlehem, New York.
K.Â
The term "Planning Board" shall mean the Planning
Board of the Town of Bethlehem, New York.
L.Â
The terms "Zoning Board of Appeals" and "Zoning Board"
shall mean the Zoning Board of Appeals of the Town of Bethlehem, New
York.
M.Â
The term "Building Inspector" or "Zoning Enforcement
Officer" shall mean the Building Inspector or Zoning Enforcement Officer
of the Town of Bethlehem, New York.
N.Â
The terms "Department of Economic Development and
Planning" and "Department" shall mean the Department of Economic Development
and Planning of the Town of Bethlehem, New York.
When used in this chapter, unless otherwise
expressly stated or unless the context or subject matter otherwise
requires, the following definitions shall apply:
See "use, accessory" definition below.
A way or means of approach to provide vehicular or pedestrian
physical entrance to a property.
[Amended 10-8-2008 by L.L. No. 3-2008]
GROSSThe total acreage of a parcel or parcels of land proposed for subdivision and/or development, as determined by a certified survey.
NETThe gross acreage of a parcel of land minus the acreage of constrained land. It is this figure into which the minimum lot size per dwelling unit is to be divided to determine the buildable area and the buildable yield of a lot or property proposed for development.
Contemporary use of an existing building or structure for
a use other than that for which it was originally designed, intended
or occupied, e.g., use of a former barn as a residential dwelling.
A district established pursuant to Article 25-AA of the Agriculture
and Markets Law.
The employment of land, including for the primary purpose
of obtaining a profit in money, for raising, harvesting, and selling
crops, or feeding, including but not limited to, grazing, breeding,
managing, selling or producing livestock, poultry, fur-bearing animals
or honeybees, or by dairying and the sale of dairy products, by any
other horticulture, floriculture or viticulture, aquaculture, hydroponics,
silviculture, animal husbandry, or by a combination thereof. It also
includes the employment of land, including for the primary purpose
of obtaining a profit, for stabling or training equines, including
but not limited to providing riding lessons, training clinics and
schooling shows, including other on-farm niche marketing promotions.
It also includes the employment of land for the conduct of agritourism
activities.
[Amended 2-8-2012 by L.L. No. 1-2012]
Activities conducted by a farmer on-farm for the enjoyment
or education of the public, which primarily promote the sale, marketing,
production, harvesting or use of the products of the farm and enhance
the public’s understanding and awareness of farming and farm
life.
[Added 2-8-2012 by L.L. No. 1-2012]
Land devoted to the storage, servicing, takeoff and landing
of aircraft and the storage of fuel for the same.
A narrow street or passage between properties or buildings
serving as a secondary means of access to abutting property.
A change to, modification of, or addition to the parts of
a structure or man-made improvement other than normal maintenance
or repairs, or the moving of a building from one location to another.
An accessory structure or series of structures, attached
to or nonattached to a building, which are used in the transmission
of amateur radio communications.
The maximum angle at which a material will rest on a given
surface without sliding or rolling as measured from the horizontal.
A second dwelling unit either in or added to an existing
single-family detached dwelling, or in a separate accessory structure
on the same lot as the principal dwelling, for use as a complete,
independent living facility with provision within the accessory dwelling
unit for cooking, eating, sanitation, and sleeping. Such a dwelling
shall be clearly accessory and incidental to the principal dwelling.
An application that includes the following:
A completed application form together with all
information concerning a proposed project in the format as specified
by the applicable provisions of this chapter.
All application fees required by this chapter
and the professional review fee escrow deposit, if any, required by
the reviewing agency.
An environmental assessment form (EAF) or draft
environmental impact statement (DEIS) assessing the potential environmental
impacts of the proposed project.
A determination by the reviewing agency, or
by the lead agency in the event of coordinated review, that the proposed
project is not likely to have a significant impact on the environment
(negative declaration) or the filing of a notice of completion of
a draft environmental impact statement in accordance with the provisions
of the State Environmental Quality Review Act (SEQRA).[1]
The location of the mean high-water level.
That portion of a building that is partly or completely below
grade.
A structure where rooms are rented to guests for a maximum
stay of two weeks and where meals produced on premises shall only
be provided to those individuals staying at the bed-and-breakfast.
The maximum number of rented rooms permitted in a bed-and-breakfast
shall be limited to five. A bed-and-breakfast does not qualify as
a home occupation use.
All rooms in multifamily, row and group dwellings beyond
one kitchen, living room and dining room or area per dwelling unit.
For the purpose of determining the number of bedrooms in a proposed
multifamily or townhouse dwelling, all dwelling units shall be rated
as having at least one bedroom (example: studio apartment).
An outdoor advertising sign available on lease for the display
of a commercial or public service message and which directs attention
to a business, commodity, service, entertainment or attraction sold,
offered or existing elsewhere than upon the same lot where such sign
is displayed, or only incidentally upon such lot.
Open space, landscape areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another use or property so as to visually shield
or block noise, light, or other nuisances.
The space remaining on a lot after the minimum yard, area
and bulk requirements of this chapter have been met, or that area
of the lot for which a variance from said minimum yard, area and bulk
requirements has been granted by the Zoning Board of Appeals.
A lot having a buildable area capable of accommodating proposed
principal and accessory improvements and including, where required,
an on-site water supply facility and sewage treatment system that
meet the standards of the Albany County Department of Health. A buildable
lot shall also adjoin and have access to an improved street or shall
adjoin and have access to a paper street that will be improved as
part of the development plan for the lot.
The maximum unit density for a proposed subdivision after
deduction of constrained land areas.
[Amended 10-8-2008 by L.L. No. 3-2008]
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattel.
A detached subordinate building on a lot, the use of which
is customarily incidental to that of the main or principal building.
For the purposes of this chapter, temporary tents, canopies and other
membrane structures that are in place for more than 30 days shall
also be considered accessory buildings.
[Amended 2-8-2012 by L.L. No. 1-2012]
The total of the areas taken on a horizontal plane at the
main grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps. All dimensions
shall be measured between the exterior faces of walls.
A building surrounded by open space on the same lot.
The area encompassed by a building's outer wall at ground
level.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front entrance of the building
to the highest point of the roof for flat roofs, to the deckline for
mansard roofs and to the median height between eaves and ridge for
gable, hip and gambrel roofs.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
Any use or business that:
Is any use of land, structure or location which,
by the provisions of the Penal Law, is required to restrict the access
thereto by minors.
Is an establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female.
Is a location, building or structure used for
presenting, lending or selling motion-picture films, videocassettes,
cable television or any other such visual media, or used for presenting,
lending or selling books, magazines, publications, photographs or
any other written materials, distinguished or characterized by an
emphasis of matter depicting, describing or relating to specified
sexual activities or specified anatomical areas as defined below:
Is the use of land, structures or location for
an adult entertainment business or as an adult physical contact establishment
as defined below:
ADULT ENTERTAINMENT BUSINESSIncludes adult bookstores, adult video stores, adult theaters, adult cabarets, adult physical contact establishments, and nude modeling studios, defined as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT THEATERAn establishment which regularly features live performances, films, motion pictures, videocassettes, DVDs, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas as defined herein. An adult theater shall also include drive-in theaters and establishments where such materials or performances are viewed from one or more individual enclosures or booths.
ADULT CABARETAn establishment which features live topless dancers, exotic dancers, strippers, male or female, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT PHYSICAL CONTACT ESTABLISHMENTAny establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants, and electrolysis, karate, judo and dance studios are not to be considered adult physical contact establishments.
NUDE MODEL STUDIOAny place where a person appears seminude or in a state of nudity or displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons who pay money or any form of consideration. "Nude model studio" shall not include a proprietary school licensed by the State of New York or a college, junior college or university supported entirely or in part by public taxation; a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:
That has no sign visible from the exterior of
the structure and no other advertising that indicates a nude or seminude
person is available for viewing;
Where in order to participate in a class a student
must enroll at least three days in advance of the class; and
Where no more than one nude or seminude model
is on the premises at any one time.
The use of land that is not subject to site plan, special
use permit, or use variance approval, except as provided herein.
The diameter of a tree as measured at a point six inches
above the ground level (up to and including four-inch caliper size)
and 12 inches above the ground level (for larger sizes).
Any land, including any building thereon, used for any assembly
of persons for what is commonly known as "day camp" purposes, and
any of the foregoing establishments whether or not conducted for profit
and whether or not occupied by adults or by children, either as individuals,
families or groups.
Two or more cabins, tents, travel or camping trailers, shelters,
houseboats or other accommodations of a design or character suitable
for seasonal or other more or less temporary living purposes, regardless
of whether such structures or other accommodations actually are occupied
seasonally or otherwise.
A building, the use of which is devoted to the washing of
and cleaning of the interior and exterior of trucks and automobiles,
including but not limited to one of the following types:
CONVEYOR TYPEA car wash facility where automobiles progress through the washing process pulled by a conveyor or by some other means than their own power.
DRIVE-THROUGH TYPEA car wash facility where automobiles are driven through the washing process under their own power.
SELF-SERVICE TYPEA car wash facility where automobiles are washed by the driver of the automobile using machinery provided by the management of the facility.
The use of a portion of private property for the disposal
or burial of deceased human beings in a grave, restricted to members
of the immediate family of the property owner.
A place that is established, maintained, managed, operated,
or improved and which is dedicated to and used or intended to be used
for the final disposition of human remains and their memorialization
and in which burial plots and vaults are available for purchase by
the general public. A cemetery shall be operated by a religious organization
or by a not-for-profit corporation licensed by the New York State
Cemetery Board.[2]
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, provided that
there are not conducted any vending stands, merchandising or commercial
activities except as required generally for the membership and purposes
of such club.
The placement of a wireless communication antenna on an existing
telecommunication tower or other permissible structure, usually owned
by another entity and supporting antenna from multiple entities.
[Amended 2-8-2012 by L.L. No. 1-2012]
Private outdoor and/or indoor recreational facilities such
as golf courses, playgrounds, swimming pools, ice rinks, tennis courts,
fishing and hunting preserves, water parks, tennis courts, driving
ranges, basketball courts, handball and racquet courts, baseball and
softball fields, football fields, polo fields, tracks, and riding
rinks.
Any vehicle that is used for any commercial purpose or which
has any business advertisement affixed to or mounted on the vehicle.
A facility used for conferences and seminars with sleeping
accommodations, food preparation and eating, recreation, entertainment,
resource facilities, meeting rooms, fitness and health centers, and
retail stores and services.
An establishment organized for the purpose of protecting,
conserving and managing existing natural resources and valuable historic
and cultural areas in order to ensure a continuous flow of recreational
and social benefits to the public and to achieve sustained resource
utilization. Examples of a conservancy include diffuse outdoor recreation
activities, timber harvesting on a sustained-yield basis, passive
agricultural uses such as pasture and range lands, and other related
uses and activities. Compatible commercial uses are low-intensity
and low-impact activities such as small camping or picnic facilities,
aquacultural, and cottage industries when the operation is entirely
contained within the primary residence, excluding outbuildings, provided
that such commercial activities must not alter the character of the
conservancy environment. A conservancy may also incorporate educational
training and meeting rooms, with or without sleeping and eating accommodations,
solely for the use of attendees.
A residential subdivision pursuant to Town Law § 278
where the dwelling units that would result on a given parcel under
a conventional subdivision plan are allowed to be concentrated on
a smaller and more compact portion of land and where a majority of
the remaining land is left in its natural open space condition in
perpetuity. Conservation development results in a flexibility of design
and development to promote the most appropriate use of land, to facilitate
the adequate and economical provisions of streets and utilities, and
to preserve the natural and scenic qualities of open lands.
Land containing one or more of the following: state and/or
federal protected freshwater wetlands; one-hundred-year floodplains
or flood hazard areas; steep slopes of 20% and greater; and open bodies
of water, including streams, ponds and lakes.
A lot or portion of a lot or parcel used to store and maintain
construction equipment and other materials and facilities customarily
required in the contractor's trade, but excluding storage of materials
or equipment for on-site or off-site sale. May include an office use
accessory to the contractor trade use.
A retail store that is designed and stocked primarily to
sell food, beverages and household supplies, having no more than 12
customer seats, to customers who purchase only a relatively few items.
Such establishments may include the retail sale of gasoline, oil and
other automotive fluids without the repair or servicing of motor vehicles.
A canopy over the fuel dispensing stations shall be considered to
be part of the principal structure.
A change in use or occupancy of a dwelling by alteration
or by other reorganization as to increase the number of families or
dwelling units in a structure.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
The elevation of the curb opposite the center of the front
of the building. If a building faces on more than one street, the
curb level shall be the mean of the elevations of the curbs at the
center of each side or front of the building. Where no curb level
or equivalent has been established by the municipal authority, the
mean elevation of the finished grade immediately adjacent to the front
of the building shall be considered as the curb level. If a building
faces on more than one street where no curb level has been established,
the mean of the elevations of the finished grade on each street side
of the building shall be considered as the curb level.
A facility where unrelated persons, both children and adults,
are cared for during limited periods each day under supervision.
An exterior floor surface, unroofed, extending outward from
a structure as an integral part thereof, intended to accommodate multipurpose
outdoor activities.
A dwelling unit.
[Amended 10-8-2008 by L.L. No. 3-2008]
The amount of land area left for development after subtracting
the constrained land area from the total area of the project parcel.
A committee appointed by the Director composed of staff members
of the Department of Economic Development and Planning of the Town
of Bethlehem.
The Director of the Department of Economic Development and
Planning of the Town of Bethlehem.
All land preparation activities involving the movement, placement,
removal, transfer or shifting of soil and/or vegetation, including
but not limited to clearing, draining, filling, grading, regrading
or the building of structures or the placement of improvements on
land, including the construction of individual sidewalks, paths, roads
or driveways. The condition of land disturbance shall be deemed to
continue until the area of disturbance is returned to its original
state or to a state complying with a permit for such disturbance granted
in accordance with this chapter.
An accessory structure, extending from land into a body of
water, for purposes of providing access to watercraft, which craft
may be affixed thereto when not in use.
An establishment which, by design, physical facilities, service
or by packaging procedures, encourages and permits customers to receive
services and obtain goods while remaining in their motor vehicles.
Any area reserved on any lot, site or parcel of land for
the purpose of providing vehicular access from an access road or state,
county or Town highway to principal and accessory structures located
on said lot, site or parcel.
A single driveway serving two or more adjoining lots.
An establishment which launders or dry cleans articles of
clothing or fabric dropped off on the premises directly by the customer,
or where articles are dropped off, and picked up by the customer,
but where laundering or dry cleaning is done elsewhere.
[Added 10-8-2008 by L.L. No. 3-2008]
A building designed or used as the living quarters for one
or more families. The term "dwelling," "single-family dwelling," "two-family
dwelling" or "dwelling group" shall not be deemed to include a motel,
boardinghouse, tourist home or guest house.
A building or portion thereof containing five or more dwelling
units on one lot but which may have joint services or joint facilities,
or both. Also known as a "multiple dwelling," multifamily dwellings
may include garden apartment, townhouse, cooperative, and condominium
developments, senior citizen housing, assisted-living projects, and
congregate-care developments.
[Amended 2-8-2012 by L.L. No. 1-2012]
A detached building designed for or occupied exclusively
by one family.
A dwelling unit that sits on its own individual lot, has
at least one wall in common with an adjoining dwelling unit, and has
its own front and rear access to the outdoors.
[Added 2-8-2012 by L.L. No. 1-2012]
A building designed for or occupied exclusively by three
families living independently of each other.
A building designed for or occupied exclusively by two families
living independently of each other.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities for only one family, including any
domestic servants employed on the premises, and having no enclosed
space (other than vestibules, entrance or other hallways or porches)
or cooking or sanitary facilities in common with any other dwelling
unit. A trailer, motor home, travel or camping trailer, boarding-
or rooming house, convalescent home, dormitory, fraternity or sorority
house, hotel, inn, lodging, nursing or other similar home, or other
similar structure shall not be deemed to constitute a dwelling unit.
A nonpublic or private school, college, university, vocational
school, or academy.
The elevation, in feet, above mean sea level, as determined
from the nearest United States Coastal and Geodetic benchmark of the
principal building to be sited on a lot.
Any activity that removes or disturbs surface or subsurface
conditions of land, lakes, ponds or watercourses.
A use involving the construction of machines, tools and structures
from various raw materials. Fabrication shops generally concentrate
on the metal preparation, welding and assembly aspects, while the
machine shop is more concerned with the final assembly, fitting and
finishing of the project. As used herein the term includes a machine
shop and welding shop but excludes auto body repair shops.
The exterior wall or walls of a building which identify the
front of a building and which typically face a street or public way.
Any number of persons occupying a single nonprofit
dwelling unit, related by blood, marriage or legal adoption, living
and cooking together as a single housekeeping unit.
Any number of persons occupying a single nonprofit
dwelling unit, not exceeding six adults living and cooking together
as a single housekeeping unit where all were not related by blood,
marriage or legal adoption.
Notwithstanding the provisions of this definition, a group of unrelated persons numbering more than six shall be considered a family upon a determination by the Zoning Board of Appeals that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection D below. This presumption may be rebutted, and the unrelated individuals may be considered the functional equivalent of a family for the purposes of this chapter by the Zoning Board of Appeals if such group of individuals exhibits one or more characteristics consistent with the purposes of zoning restrictions in residential districts.
In determining whether a group of more than six unrelated persons constitutes a family for the purpose of occupying a dwelling unit, as provided herein, the Zoning Board of Appeals shall utilize the standards enumerated herein in making said determination. Before making a determination under this subsection, the Zoning Board of Appeals shall hold a public hearing, after public notice in accordance with § 128-89 of this chapter.
In making a determination the Zoning Board of
Appeals shall find that:
The group is one which, in theory, size, appearance
and structure, resembles a traditional family unit.
The group is one that will live and cook together
as a single housekeeping unit.
The group is of a permanent nature and is neither
a framework for transient or seasonal living nor merely an association
or relationship that is transient or seasonal in nature. Nothing herein
shall preclude the seasonal use of a dwelling unit by a group which
otherwise meets the standards of this subsection at its permanent
residence.
Any determination under this subsection shall
be limited to the status of a particular group as a family and shall
not be interpreted as authorizing any other use, occupancy or activity.
In making any such determination, the Board of Appeals may impose
such conditions and safeguards as the Board of Appeals shall deem
necessary or advisable in order to maintain the stability and character
of the neighborhood and protect the public health, safety and welfare.
In no case shall a dwelling be occupied by more
than two adults to a conventional bedroom.
Persons occupying group quarters such as a dormitory,
fraternity or sorority house or a seminary shall not be considered
a family.
A structure used for the display and sale of farm products
grown on the property on which the farm stand is located.
A group of buildings and adjacent service areas designed
and located in such a manner as to support the function of a farm.
Structures may include but are not limited to farmstead homes, barns,
machinery sheds, granaries, pump houses, poultry coops and garages.
Service areas may include a barnyard, vehicle or machinery holding
spaces, corrals, livestock pens, livestock loading and unloading areas,
etc.
A site plan layout that incorporates design elements typical
of a farmstead, including buildings used for residential and agricultural
purposes, outbuildings, run-in sheds, split-rail fences, ponds, field
gates, stone walls, pasture, open fields and wood lots, that, taken
as a whole in their agricultural setting, embody the gradual development
of upstate New York farms over the centuries.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated and shall include
the conditions resulting therefrom.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the areas of roofed porches and roofed terraces. All dimensions
shall be measured between the exterior faces of walls.
In accordance with the New York State Building Code, all
spaces within the exterior walls of a dwelling unit, exclusive of
garages, cellars, heater rooms, basement rooms having a window area
of less than 20% of the square foot area of the room, unheated porches
and breezeways, but shall include all spaces not otherwise excluded,
such as principal rooms, utility rooms, bathrooms and all closets
and hallways opening directly into and appurtenant to any rooms within
the dwelling unit, and all attic spaces having a clear height of six
feet from the finished floor level to the pitch of the roof rafter
with a clear height of seven feet six inches from the finished floor
level to the ceiling over 50% of the area of such attic space.
The preparation, processing, or canning and packaging of
food products.
[Added 10-8-2008 by L.L. No. 3-2008]
A manufacturing establishment that produces, processes, cans
and/or packages food for off-site consumption where the gross floor
area of the establishment exceeds 2,500 square feet, and/or less than
25% of the gross floor area is devoted to on-site display and retail
sale of such products to the general public. Food processing establishments
may include, but are not limited to, facilities involved in the production,
processing, canning or packaging of bakery products, sugar and confectionary
products, dairy products, fats and oil products (exclusive of rendering
plants), fruit and vegetable products, grain mill products, meat and
poultry products (excluding facilities that slaughter animals), seafood
products, and miscellaneous food preparation from raw products, but
excluding restaurants, food stores and similar establishments where
such activity is customarily carried on as a secondary part of the
business.
[Added 10-8-2008 by L.L. No. 3-2008]
A principal building or structure used for the storage of
commercial motorized vehicles and equipment, including commercially
registered passenger vehicles and equipment.
[Amended 10-8-2008 by L.L. No. 3-2008]
A principal or accessory building or portion thereof used
for the parking and storage of vehicles for a fee and which is available
to the general public.
An accessory building of not more than three bays and where
each bay is a maximum width of 12 feet, located on the same lot as
the principal use, and that is designed and used for the storage of
privately owned vehicles and personal equipment associated with the
owner or occupants of the principal use, and which is erected and
maintained for the personal, noncommercial use by the owner or occupants
of the premises upon which it is erected. No business, occupation
or service connected with passenger vehicles or any commercial use
shall be permitted in a private garage.
The elevation of the center line of the streets as officially
established by the Town authorities.
The completed surfaces of lawns, walks and roads brought
to grades as shown on official plans or designs relating thereto.
The alteration of the surface or subsurface conditions of
land, lakes, ponds or watercourses by excavation or filling.
A detached residential accessory structure subordinate to
the principal dwelling and sharing a common lot.
A building or structure occupied, or intended for occupancy,
by people for residential, commercial, industrial, administrative,
recreational, educational, religious, cultural, or other purposes.
[Added 12-14-2016 by L.L.
No. 5-2016]
That portion of any lot which bounds a street, as measured
along the property line which is coincidental with such street right-of-way
or center line, or on a corner lot in which case frontage is along
both streets.
A site, a building, or a district that is listed on the National
Register of Historic Places, or that is listed on the New York State
Register of Historic Places, or for which an application for such
listing has been submitted by the owner of said site, building or
district.
A nonresidential use, occupation or business activity operated
for financial gain in, or directed from, a residential dwelling unit
or accessory building by one or more family members residing within
that dwelling unit and where such use is clearly secondary and subordinate
to the existing principal residential use.
An institution, licensed by the State Health Department,
providing primary health care services and medical, surgical, nursing
and related care to persons, including inpatients who are housed overnight,
suffering from illness, disease, injury or abnormal physical or mental
condition, and including related in-house facilities such as laboratories,
pharmacies, outpatient facilities and clinics, training facilities,
central service facilities, staff offices, cafeteria, gift shops and
similar facilities commonly associated with a hospital. Accessory
structures and uses may also include medical buildings, health care
offices, a sanitarium or sanatorium, preventorium, clinic, rest home,
nursing home, convalescent home and any other place for medical, surgical,
diagnostic and therapeutic treatment on an inpatient and outpatient
basis, together with all ancillary support services, for the treatment
or other care of human ailments.
[Amended 10-8-2008 by L.L. No. 3-2008]
An establishment for the medical and surgical care of sick
or injured animals.
A building containing 41 or more rooms intended or designed
to be used or which are used, rented or hired out to be occupied or
which are occupied for sleeping purposes by guests for no more than
30 days and where a kitchen and dining room are generally provided
within the building or in an accessory building. Small service kitchens
may be provided in individual rooms.
A structure, together with its accessory structures and uses,
where persons regularly assemble for religious ceremonies and related
activities, and where such facilities are controlled and maintained
by a religious organization. Accessory structures and uses may include,
but are not limited to, a rectory, convent, school, meeting hall,
administrative office, licensed day care, playground, cemetery or
other related accessory use commonly associated with a house of worship,
where said accessory use(s) is sponsored and operated by the religious
organization.
[Added 10-8-2008 by L.L. No. 3-2008]
Adjustments to the maximum unit density requirements of this
chapter in exchange for the preservation of significant open space
and/or the provision of improvements, facilities or amenities deemed
to be of benefit to the Town.
Includes a wide range of assembling, fabricating, and manufacturing
activities, such as food processing, manufacturing and packaging;
grain storage, processing and distribution; concrete and asphalt batch
plants; manufacture of products and merchandise involving the use
of chemicals, processes or materials that might constitute a potential
explosive or environmental hazard; slaughter plants, packing houses,
animal by-products rendering, and other such animal processing activities;
automobile salvage and reclamation yards and facilities; processing
or production of oil, natural gas, geothermal resources or other hydrocarbons;
foundries; and truck terminals, delivery services, moving and storage
facilities, and truck maintenance.
Includes limited manufacturing, wholesaling, warehousing,
research and development, and related commercial/service activities,
such as beverage bottling, distribution and warehousing; contractors'
offices and storage buildings, including general contractors, plumbers,
electricians, heating, ventilating and air-conditioning contractors,
masons, painters, refrigeration contractors, roofing contractors,
and other such construction occupations; distribution centers; ice
production, storage, sales and distribution; laboratories for research,
testing and experimental purposes; machine shops; manufacture of computers,
computer peripherals, electrical appliances, electronic equipment,
medical instruments, and other similar products from previously manufactured
components; manufacture of precision instruments and equipment such
as watches, electronics equipment, photographic equipment, optical
goods and similar products; manufacturing of articles or merchandise
from previously prepared or natural materials such as cardboard, cement,
cloth, cork, fiber, glass, leather, paper, plastics, wood, metals,
stones and other such prepared materials; and printing and publishing.
A type of planned industrial environment for a variety of
light industrial and related activities in which special emphasis
and attention are given to aesthetics and community compatibility.
Subdivided and developed according to an enforceable master plan that
includes detailed provisions for streets and all necessary utilities,
the park provides serviced sites for a community of industrial and
industry-oriented uses. Adequate control of the land, buildings and
industrial operations is provided through zoning, private restrictions
incorporated as legal requirements in deeds of sale or leases and
the provision of continuing management, all for the purpose of assuring
attractive and efficient uses within the park and the harmonious integration
of the industrial area into the community in which it is located.
A building or portion thereof kept, used, maintained, advertised
or held out to the public, containing 40 or fewer units used for sleeping
accommodations for guests, and providing meals and other incidental
services to guests and the public.
[Amended 10-8-2008 by L.L. No. 3-2008]
Any place of storage or deposit, whether in connection with
another business or not, where two or more old or secondhand motor
vehicles, whether registered or unregistered, no longer intended or
in condition for legal use on the public highways are held, whether
for the purpose of resale of used parts therefrom, for the purpose
of reclaiming some or all of the materials therein, whether metal,
glass, fabric or otherwise, for the purpose of disposing of the same
or for any other purpose. Such term shall include any place of storage
or deposit for any such purposes of used parts or waste materials
from motor vehicles which, taken together, equal in bulk two or more
such vehicles.
A parcel of land used for the harboring of more than three
dogs that are more than six months old or more than 12 dogs that are
under six months of age. Any dog owner whose dog(s) bear(s) more than
one litter of puppies that are of registered pedigree and offered
for sale shall, for the purposes of this chapter, be considered as
maintaining a dog kennel and must adhere to all regulations governing
the same.
A facility for obtaining samples and conducting scientific
laboratory analysis of human blood, tissue, waste or pathogens, particularly
as relating to the diagnosis and treatment of illness or disease.
[Added 10-8-2008 by L.L. No. 3-2008]
Any activity involving the clearing, cutting, excavation,
filling, grading or any other activity that alters land topography
or vegetative cover.
A division of any parcel of land into two lots in which all building lots front on an existing improved street, not requiring the construction of any new streets or roads and not adversely affecting the development of the remainder of the parcel or adjoining property. A land division may, under the standards of Chapter 103, Subdivision Regulations, § 103-20, qualify for administrative review by the Department of Economic Development and Planning.
A business where patrons wash, dry, dry clean or iron clothing
or other fabrics in machines that are rented and operated on site
by the patron.
[Added 2-8-2012 by L.L. No. 1-2012]
An establishment which launders or dry cleans articles of
clothing or fabric dropped off on the premises directly by the customer,
or where articles are dropped off, and picked up by the customer,
but where laundering or dry cleaning is done elsewhere.
[Amended 10-8-2008 by L.L. No. 3-2008]
Land occupied or to be occupied by a building and its accessory
buildings or by a dwelling group and its 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 on such other means
of access as may be determined in accordance with the provisions of
state law to be adequate as a condition of the issuance of a building
permit for a building on such land.
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 shall be considered a corner lot if the tangents to the curve
at the points of intersection of the side lot lines intersect at an
interior angle of less than 135°.
That percentage of the lot covered by the footprint of the
principal and accessory building area.
The mean horizontal distance between the front and the rear
lot lines, measured in the general directions of its side lot lines.
A lot which has sufficient frontage on a public street to
comply with the minimum lot frontage requirements of this chapter
but which is shaped in such a manner that the portion of the lot closest
to the street can only be used for access purposes and not as a yard
or buildable area, and whose width some distance back from the right-of-way
is sufficient to provide proper space to meet the yard and setback
requirements.
In cluster subdivisions, that portion of the subdivision
reserved as a development area for the location of dwelling units
and constituting lands outside of the protected open space areas.
A lot other than a corner lot.
Any line dividing one lot from another.
The lot line generally opposite to the street line; if the
rear lot line is less than 10 feet in length or if the lot comes to
a point in the rear, the rear lot line shall be deemed to be a line
parallel to the front lot line not less than 10 feet wide lying farthest
from the front lot line.
The space that shall be assigned or used and occupied by
any one mobile home.
A plot of land which does not conform to the area, yard or
bulk regulations of this chapter.
An interior lot having frontage on two parallel or approximately
parallel streets but which is not a corner lot.
The mean distance measured at the required minimum front
yard depth along a line at right angles to the depth of lot line and
parallel to the street right-of-way (ROW) line.
A complete lighting unit, consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect
the lamps and to connect the lamps to the power. When used, includes
ballasts and photocells. Commonly referred to as "fixture."
A luminaire that does not emit light at or above a horizontal
plane running through the lowest point on the luminaire.
A luminaire that emits light above the horizontal plane running
through the lowest point on the luminaire.
A luminaire that does not allow light to escape above a sixty-five-degree
angle measured from a vertical line from the center of the lamp extended
to the ground.
The largest area formed by the projection of a horizontal
plane through the livable floor area that is enclosed by the exterior
walls of the building.
Any process whereby the nature, size or shape of articles
or raw materials is changed, or where articles are assembled or packaged
in quantity.
Any waterfront facility which provides accommodation
services for vessels by engaging in any of the following:
The sale of marina products or services.
The sale, lease, rental or charter of two or
more vessels of any type.
The sale, lease, rental or any other provision
of storage, wharf space or mooring, or launching for two or more vessels
not registered to the owner of said facility, members of the owner's
immediate family, or overnight guests on said property.
Any campground or travel trailer park that provides
boats coincidentally with the rental of camping spaces or rental of
parking spaces for automobiles shall be deemed to be a marina.
A measure of central tendency. The mean of a set of numbers
is the arithmetic average.
When data is arranged in order of magnitude, the middle item
(i.e., half above and half below) is the median. If the number of
items is even, the median is the average of the two middle items.
Use of land for the purpose of extracting and selling stone,
sand, gravel, or other minerals, as defined in § 23-2705
of the Environmental Conservation Law, not including the process of
preparing land for construction of a structure for which zoning approvals
and a building permit have been issued.
A principal structure in which are located a variety of uses,
including residences, offices, retail, entertainment and recreation.
Use of land and/or a building or structure for a variety
of complementary and integrated uses, such as residential, office,
retail, entertainment, and recreation.
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy, containing sleeping accommodations, a flush
toilet, a tub or shower, bath and kitchen facilities, with plumbing
and electrical connections provided for attachment to outside systems,
and designed to be transported after fabrication on its own permanent
chassis and/or wheels to the site where it is to be occupied as a
complete dwelling. A recreational vehicle is not included in this
definition.
Any lot on which two or more mobile homes are located, subject to the provisions of Chapter 115, Trailers and Trailer Camps, of the Code of the Town of Bethlehem.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "motel" includes buildings
designated as tourist courts, motor lodges, auto courts and similar
appellations, but does not include boardinghouses.
A building or portion of a building arranged, intended, or
designed for making repairs to motor vehicles, their mechanical systems
and their body structure, including painting, but excluding the sale
of petroleum products.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
minor accessories, and which may or may not include facilities for
lubricating or otherwise servicing motor vehicles, but not including
the painting thereof by any means. A canopy over the fuel dispensing
stations shall be considered to be part of the principal structure.
Any pictorial or graphic representation painted on an outside
wall, facade, or affixed directly to an exterior wall of a principal
building containing less than three-percent text.
[Added 8-9-2017 by L.L.
No. 2-2017]
Any physical matter that is part of the earth.
A building, structure or other improvement that does not
conform to the area, yard or bulk regulations of this chapter.
A place where trees, shrubs, vines and/or flower and vegetable
plants are grown and/or are offered for sale, to be transplanted onto
the lands of the purchaser by the purchaser or by the nursery establishment
itself.
Any dwelling where persons are housed or lodged and furnished
with meals and nursing care for hire.
A place or establishment used for the organizational or administrative
aspects of a trade or used in the conduct of a business and not involving
the manufacture, storage, display or direct retail sale of goods.
This may include, but is not limited to, offices of salesmen, sales
representatives, insurance brokers, real estate brokers and persons
with similar occupations.
A lot or related lots designed as a master planned area for
the transaction of business, for the rendering of professional services,
or for other services that involve stocks of goods, wares or merchandise
in limited quantities for use incidental to office uses or samples
purposes. This may include such uses as an office building for business
and professional services, including a lawyer, physician, dentist,
architect, engineer, musician, teacher or other professional person,
including real estate and insurance offices, banking and other financial
businesses and similar purposes in connection with such use; clinics
for outpatient care, as well as outpatient medical services, including
but not limited to imaging and physical therapy; restaurant or cafeteria
for supplying meals only to employees and guests for the principal
use; and newsstand, post office, and branch banking facilities and
similar conveniences serving primarily employees and guests of the
principal use, provided that there shall be no external evidence of
such use; and radio and television stations, but not including transmitting
facilities or antennas.
An office devoted to a professional service occupation, in
which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge.
Land left in a natural state for conservation and agricultural
purposes or land landscaped for scenic purposes, devoted to active
or passive recreation, or devoted to the preservation of distinctive
architectural, historic, geologic or botanic sites. The term shall
not include land that is paved, used for the storage, parking or circulation
of automobiles, or occupied by any structure. Open space may be included
as a portion of one or more large lots or may be contained in a separate
open space lot but shall not include private yards within 50 feet
of a principal structure.
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, and which is available and accessible to all occupants
of the building or buildings on said lot for purposes of active or
passive outdoor recreation. Accessory building roof space may be substituted
for ground space, provided that such space is available and accessible
to all said occupants by means of access other than stairs.
A district, with supplementary regulations, which is superimposed
upon existing use districts.
The owner of record of a tract or parcel, the subdivision
of which requires approval of the Planning Board, or a person or persons
holding an option to purchase a tract or parcel, contingent only upon
receipt of Planning Board approval of a proposed subdivision of such
tract or parcel. The owner may be represented by a duly authorized
agent or representative in the conduct of business before the Board,
except in those instances specified hereafter that require the appearance
of the owner in person.
A parcel of land legally in existence on the effective date
of this chapter. For purposes of this chapter the parent parcel shall
be deemed to be that lot, parcel or tract of land owned by the person
or persons as shown on the records of the Town of Bethlehem Assessor's
office as of the effective date of this chapter.
A parking lot shared by and serving two or more land uses
in instances where said land uses are not located on the same building
lot. Joint parking lots may be located on a building lot(s) independent
of the use(s) it is intended to serve, or on one or more of the lots
so served.
[Added 10-8-2008 by L.L. No. 3-2008]
An off-street space available for the parking of one motor
vehicle, exclusive of passageways and driveways appurtenant thereto
and giving access thereto, and having direct access to a street, driveway
or alley.
Measurable standards imposed under this chapter to ensure
that a proposed use can operate or locate in a particular district
without exceeding clearly defined standards of tolerance in areas
such as noise, odor, smoke, lighting, glare, dust, vibration, and
other potentially objectionable characteristics.
A mixed-use development of land that is under unified control
and is planned and developed as a whole in a single development operation
or programmed series of development stages. The development may include
streets, circulation ways, utilities, buildings, open spaces, and
other site features and improvements, uses and structures that exceed
the permitted scale, density, or intensity of use in the district,
as well as uses not otherwise allowed by the underlying zoning.
A roofed, screened or unscreened, veranda, stoop, deck, access
ramp, steps or the like providing or having access to a principal
structure.
Any mechanical manipulation of excavated earth material,
including blasted rock, including crushing, screening, blending, washing,
and any procedure that changes the size of the particles or the particle
size distribution or gradation from in situ characteristics, including
that of blasted but unexcavated rock. "Processing" also includes any
mechanical combining or blending of earth materials from one or more
sources in order to manufacture a product with certain specification
requirements. "Processing" does not mean simply excavating and loading
earth material directly into a transport vehicle.
Any lot or parcel of land.
Sewage disposal and water supply systems accepted by the
Town Board as meeting the standards required for municipal operations.
The use of land, buildings and/or structures by a public agency or private entity for the purpose of producing or providing water, sanitary sewer, drainage, electric power, natural gas, steam, telephone, cable television, internet, or other power, heating, utility or communication service to the general public over a fixed network of collection, transmission and/or distribution lines, and whose services and/or rates are regulated by a federal, state or local government entity. For the purpose of this chapter, "public utility" shall not include the fixed collection, distribution and transmission lines of said utility, administrative offices, equipment storage yards, maintenance yards or similar support operations. "Public utility" shall also exclude solar PV systems and telecommunication facilities regulated under §§ 128-61 and 128-67.2 of this chapter.
[Added 12-14-2016 by L.L.
No. 5-2016]
For the purpose of interpreting the off-street parking regulations found at § 128-56 of this chapter, the term "rebuilt" shall mean to tear down or demolish a building, including its major structural components, and to build it again. The term "rebuilt" shall not apply to activities such as remodeling, rehabilitation, restoration or repair to a building, even if such activity is extensive.
[Added 10-8-2008 by L.L. No. 3-2008]
A residence for infirm children, adolescents or adults who
require personal care, supervision and services, where compensation
and/or reimbursement of costs is paid to an operator pursuant to state
and/or federal standards, licensing requirements, or programs funding
such services.
Any parcel of land of five acres or less, any point on the
boundary line of which is less than 1/2 mile from any point on the
boundary line of another such lot in the same tract, unless any such
lot may not legally be used for residential purposes. Without limiting
the generality of the foregoing, the term "residential" shall include
temporary, seasonal and permanent residential use.
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption. As defined herein this shall
also include, but is not limited to, a cafe, tavern, saloon, coffee
bar, snack bar, pub, inn, bar, banquet hall or public house.
Traditional establishments, such as florists, lumber and
hardware stores, pharmacies, grocery stores, convenience stores, stationery
stores, bookstores, video-rental stores, clothing stores, department
stores, shoe stores, antique stores, etc., that sell goods or merchandise
to the general public for personal or household consumption, but not
including an adult business use. Take-out food establishments shall
also be considered a retail use, provided they have no more than 12
seats for on-site consumption by customers.
[Amended 10-8-2008 by L.L. No. 3-2008]
Any establishment where horses are kept for riding, driving
or stabling for compensation or incidental to the operation of any
club, association, ranch or similar establishment.
A strip of land acquired by reservation, dedication, prescription,
or condemnation and intended to be occupied by a street, crosswalk,
railroad, electrical transmission line, oil or gas pipeline, waterline,
sanitary line, storm sewer line, or other similar uses and which exists
for the purpose of allowing passage over the property of another.
A form of housing as described at § 128-65 of this chapter where the dwelling units contained thereon are limited in their occupancy to elderly families.
An establishment primarily engaged in rendering services
to businesses on a fee or contract basis, such as advertising and
mailing, building maintenance, beauty shop, personal care services,
unemployment service, office equipment rental and leasing, commercial
research, development and testing, photo finishing and personal supply
services.
The minimum horizontal distance from a property line to any
structure, roadway, parking area, accessory building or other such
improvement on a lot, except driveways.
A group of commercial establishments, having three or more
retail stores or more than 20,000 square feet devoted to retail use,
that are planned, approved, constructed, maintained and/or managed
as a single entity, with shared customer and employee parking provided
on site, provision for goods delivery separated from customer access,
and having a common plan of development for vehicular circulation,
parking, infrastructure, lighting, landscaping and/or signage.
[Amended 12-14-2016 by L.L. No. 5-2016]
A use of land, structure or material for the purpose of conveying
information, as a name, direction, warning, or advertisement, that
is prominently displayed for public view and that consists of letters
or symbols formed, inscribed or mounted on wood, metal, masonry or
any other material. The term "sign" shall be limited to those signs
that are visible to the public from a street, walkway or neighboring
property, that are displayed indoors or outdoors, and shall include
the following types of signs:
|
AWNING SIGN — Any visual message incorporated into an
awning attached to a building.
| |
|
CHANNEL SIGN — A wall sign where the sign’s
shape and copy is composed of individual raised letters mounted on
a raceway or individually affixed to a wall. A channel sign may also
include a corporate logo for the establishment
[Added 2-8-2012 by L.L. No. 1-2012] | |
|
FREESTANDING SIGN — Any sign not attached to or part of
any building but separate and permanently affixed by any other means
in or upon the ground. Included are pole signs, pylon signs and masonry
wall-type signs.
| |
|
ILLUMINATED SIGN — Any sign illuminated by electricity,
gas or other artificial light, either from the interior or exterior
of a sign, and includes reflective and phosphorescent light.
| |
|
PORTABLE SIGN — A sign, whether on its own trailer, wheels
or otherwise, designed to be movable and not structurally attached
to the ground, a building, a structure or another sign, including
sidewalk signs.
| |
|
PROJECTING SIGN — A sign which is attached to the building
wall or structure and which extends horizontally more than nine inches
from the plane of such wall, or a sign which is perpendicular to the
face of such wall or structure.
| |
|
TEMPORARY SIGN — A sign that is not permanently affixed
to the ground or a structure and that is displayed for a period of
time not to exceed three months in any twelve-month period on any
lot or parcel of property. Such signs may include, but are not limited
to, political signs, signs advertising civic, religious, educational
or nonprofit events, and signs of a similar nature.
[Added 6-13-2012 by L.L. No. 3-2012] | |
|
WALL SIGN — A sign which is painted on or attached to
the outside wall of a building with the face of the sign in the plane
parallel to such wall and not extending more than nine inches from
the face of such wall.
| |
|
WINDOW SIGN — A sign visible from a sidewalk, street or
other public place, painted or affixed on glass or other window material
or located inside within four feet of window, but not including graphics
in connection with customary window display of products.
|
The entire area within a single, continuous perimeter enclosing
all elements of the sign that form an integral part of the display.
The structure supporting a sign shall be excluded unless the structure
is designed in a way to form an integral background for the display.
Both faces of a double-faced sign shall be included as surface or
area of such a sign.
A rendering, drawing, or sketch prepared in accordance with
the specifications of this chapter and which shows the arrangement,
layout and design of a proposed use of a single parcel of land as
shown on said plan.
The vertical distance, in feet, between the highest elevation
of a lot or development and the lowest elevation of a lot or development,
divided by the horizontal difference between these two elevations,
in feet, said horizontal distance ordinarily to be the natural course
of stormwater runoff. Should the site be sufficiently large in the
judgment of the Planning Board and heterogeneous in character (difference
of one or more slope factors), the site may be divided into different
measurement units, with a gradient defined for each.
A land use which is deemed permissible within a given zoning
district or districts but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district. The special use shall, therefore, be subject to approval
by the Planning Board in accordance with conditions set forth for
such use, as well as other applicable provisions of this chapter.
Both general and specific conditions have been established for special
uses to ensure that such use is in harmony with this chapter and the
Town of Bethlehem Comprehensive Plan and will not adversely affect
the neighborhood if the requirements are met.
All ground areas having a topographical gradient equal to
or greater than 20% measured by utilizing two-foot contours.
The holding or safekeeping of goods in a warehouse or other
depository to await the happening of some future event or contingency
that will call for the removal of the goods.
The accumulation of wholesale quantities of raw or finished
materials (solids, liquids and gases) preparatory to use in a manufacturing
process or to retail sales, a permanent reserve being maintained.
Junk and scrap materials do not qualify for inclusion in this category.
The storage of materials, commodities or goods in a cold
and typically refrigerated place for the purpose of preserving such
materials, commodities or goods.
[Added 10-8-2008 by L.L. No. 3-2008]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, the space between any floor and the ceiling
next above it.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered a story above grade
where the finished surface of the floor above the basement is:
The vertical distance from the top surface of the floor to
the top surface of the floor next above. The height of the topmost
story is the distance from the top surface of the floor to the top
surface of the ceiling joists.
A strip of land, including the entire right-of-way, publicly
or privately owned, serving primarily as a means of vehicular, pedestrian
and bicycle travel, and furnishing access to abutting properties,
which may also be used to provide space for sewers, public utilities,
shade trees, sidewalks, and streetscape amenities.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The dividing line between the street and the lot.
A street that has never been built but is shown on an approved
plan, subdivision plat, tax map, or the Official Map of the Town of
Bethlehem.
Anything constructed or erected, the use of which requires
location on, in or under the ground or attachment to something having
location on the ground.
A detached structure or building that is subordinate to,
and the use of which is customarily incidental to, that of the main
or principal building on the lot. Accessory structures may include,
but are not limited to, accessory buildings (such as storage sheds
or garages), gazebos, dumpsters, drop-off boxes (such as for clothing),
storage pods and other structures of a similar nature and size, any
of which is left in place for more than 30 days. For the purpose of
determining required yard setbacks, the terms "accessory structure"
and "accessory building" shall be used interchangeably.
[Added 2-8-2012 by L.L. No. 1-2012]
Any subdivision not classified as a minor subdivision, including
but not limited to subdivisions of five or more lots, or any size
subdivision requiring any new street or road or the extension of municipal
facilities.
[Amended 2-8-2012 by L.L. No. 1-2012]
Any subdivision of a parent parcel into four or fewer lots within
a ten-year period, where all such developable lots or parcels:
The ten-year period shall commence running upon the final approval
of the first application to divide the parent parcel.
Public acquisition by purchase of strips of land for the widening
or opening of streets shall not be included within this definition
nor subject to these regulations.
A submission that includes the following:
A completed application form together with all
information concerning a proposed project in the format as specified
by the applicable provisions of this chapter.
All application fees required by this chapter
and the professional review fee escrow deposit, if any, required by
the reviewing agency.
An environmental assessment form (EAF) or draft
environmental impact statement (DEIS) assessing the potential environmental
impacts of the proposed project.
Any artificial pool or structure intended for bathing or
swimming purposes made of concrete, masonry, metal, vinyl, plastic,
or other impervious material over 24 inches in depth.
Personal wireless radio telecommunication facilities using
an automated high-capacity system with two or more multichannel fixed
base stations arranged as part of an integrated cellular system providing
radio telecommunication from the fixed (immobile) base stations to
mobile stations. Such personal wireless radio telecommunication facilities
employ low-power transmitting and receiving and automatic handoff
between base stations of communications in progress to enable channels
to be reused at short distances for the purposes of voice, data or
paging transmissions. Cellular systems may also employ digital techniques
such as voice encoding and decoding, data compression, error correction
and time or code division multiple access in order to increase system
capacities. Personal wireless radio telecommunication facilities ("PWRT
facilities") shall include cellular services, personal communication
services (PCS), specialized mobile radio services, and paging services.
A building or part of a building devoted to the showing of
moving pictures, or for the rehearsal or presentation of live dramatic,
operatic, dance, musical or similar performances, on a paid-admission
basis.
[Amended 10-8-2008 by L.L. No. 3-2008]
A theater, with open-air seating for audiences, devoted to
the presentation of live dramatic, operatic, dance, musical or similar
performances.
[Added 10-8-2008 by L.L. No. 3-2008]
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
products, on a paid-admission basis, to patrons seated in automobiles
or on outdoor seats.
Any body of land, including contiguous parcels of land, under
single ownership or under common control of any group of persons acting
in concert as part of a common scheme or plan.
A folding structure mounted on wheels and designed for travel,
recreation and vacation use.
A vehicular, portable structure, built on a chassis, designed
as a temporary facility for such uses as banking, on-site construction
supervision, and other office or clerical uses.
A vehicular, portable structure, built on a chassis, designed
as a temporary single-family dwelling for travel, recreation and vacation,
having a body length not exceeding 40 feet.
Any premises used for the garaging or parking of public transportation
vehicles and the loading and unloading of passengers.
The use of land for trucking operations where there are dock
facilities, either partially or wholly enclosed, for the purpose of
transferring goods for assembly or disassembly or loading onto tractor-trailers
for transport to other locations. Warehouses and similar facilities
for the deposit, storage and safekeeping of goods shall not be deemed
to be truck terminals.
Land area that does not contain constrained land as defined
in this chapter.
[Added 10-8-2008 by L.L. No. 3-2008]
The specific purpose for which land or a building is designed,
arranged, or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot with such principal
use of a building. Except for uses accessory to a dwelling unit, any
use that is accessory to a special permit use shall also be a special
permit use. Any use that is accessory to a permitted use shall also
be a permitted use.
A use of land or structure that is not outwardly apparent
to an off-site viewer so as to call attention to its existence.
The lawful occupancy of a structure or land by a use or activity
which was lawful at the time of enactment of this chapter or its predecessor
ordinances and laws or any amendment to this chapter but which does
not conform to the regulations of the district or zone in which it
is situated.
The main or primary use of the lot. Except for designated
mixed uses and multiple retail uses within a shopping center, only
one principal use is permitted per lot, all other uses, except special
uses and permitted accessory uses, being excluded.
A building or part of a building for storing of goods, wares
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse, including self-storage units.
A street or alley or other thoroughfare or easement permanently
established for passage of persons or vehicles.
A facility offering a range of services including activities,
programs, training, treatments and/or therapies designed to promote
and/or maintain a healthy lifestyle and physical, spiritual, intellectual,
social and/or emotional well-being. Such facilities may offer, but
are not limited to, activities and programs in exercise and physical
fitness, stress management, diet and nutrition, weight management,
lifestyle counseling, health screening, and social, spiritual or emotional
guidance, and may also offer alternative treatments and therapies
such as hydrotherapy, acupuncture, acupressure, massage therapy, neuromuscular
therapy, chiropractic care, energy healing, kinesiology, and reiki
therapy.
[Added 10-8-2008 by L.L. No. 3-2008]
An unoccupied space, open to the sky, on the same lot with
a building or structure.
A space on the same lot with a main building, extending the
full width of the lot and situated between the street line and the
front line of the building projected to the side lines of the lot.
The depth of the front yard shall be measured between the front line
of the building and the street line. Covered porches, whether enclosed
or unenclosed, shall be considered as part of the main building and
shall not project into a required front yard.
A space on the same lot with a main building, extending the
full width of the lot and situated between the rear line of the lot
and the rear line of the building projected to the side lines of the
lot. The depth of the rear yard shall be measured between the rear
line of the lot or the center line of the alley, if there is an alley,
and the rear line of the building.
A space on the same lot with a main building, situated between
the side line of the building and the adjacent side line of the lot
and extending from the rear line of the front yard to the front line
of the rear yard. If no front yard is required, the front boundary
of the side yard shall be the front line of the lot, and if no rear
yard is required, the rear boundary of the side yard shall be the
rear line of the lot.
