Bethlehem City Zoning Code
ARTICLE II
General Provisions
§ 128-7 Interpretation and applicability.
In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum standards applicable to land development as regulated herein. Further, this chapter shall not be deemed to affect, in any manner whatsoever, any easements, covenants, or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or land, or upon the erection, construction, establishment, moving, alteration, or enlargement of buildings, than is imposed by other ordinances, local laws, rules, regulations, licenses, certificates, or other authorizations, or by easements, covenants, or agreements, the provisions of this chapter shall prevail.
§ 128-8 Purpose and objectives.
A.
The purpose and objectives of this chapter are:
(1)
To guide the future growth and development of the Town in accordance with the Town of Bethlehem Comprehensive Plan by encouraging the establishment of population densities that will reflect a beneficial influence considering the most appropriate use of land relative to population trends, existing land use, environmental considerations, topographical features, soil types, economic activity, and building development and recognizing such conditions and trends both within the Town and in surrounding areas.
(2)
To secure safety from fire, flood, panic, and other dangers; provide adequate light and air; prevent overcrowding of the land; and avoid undue concentration of population.
(3)
To conserve the value of land and buildings in accordance with the character of the district and its suitability for particular uses; protect the economic stability of the entire Town; and provide for orderly and beneficial growth commensurate with the availability and capacity of public facilities and services and the ability of land and natural resources to accommodate such growth.
(4)
To establish the most beneficial relationship between land use, buildings, and the circulation of traffic throughout the Town, with particular regard to the lessening of congestion, the safe and efficient movement of vehicles and pedestrians, the provision of adequate parking facilities, and convenient access appropriate to the prospective use.
(5)
To guide public policy so as to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public improvements and guide private enterprise in building development, investment, and other economic activity relating to land use and buildings.
(6)
To safeguard natural, agricultural, historic and scenic resources; prevent the contamination of public and private drinking wells and aquifers, lakes and ponds, and freshwater wetlands and watercourses; and preserve the integrity, stability, and beauty of the community.
(7)
To assure privacy for residences and freedom from nuisances and harmful, unsightly uses and protect the community against unsightly, obtrusive, and noisome land uses and operations.
(8)
To facilitate, as far as environmental conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.
B.
The regulations contained herein have been made in accordance with the Comprehensive Plan of the Town of Bethlehem, with reasonable consideration as to the character of land and the extent of development in each district, as well as the suitability of each district for particular uses.
§ 128-9 Conformity required.
A.
Uses. Following the effective date of this chapter, any use not identified in the Schedule of Uses, § 128-99 of this chapter, shall be deemed prohibited. No building or lot shall be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or lot is located. Where permitted uses are identified by generic words or descriptions, the Zoning Board of Appeals shall determine whether a specific use shall be construed to be part of such generic class. In making such determination, the Zoning Board of Appeals shall consider to what extent the proposed use is similar to the class of use indicated in the Schedule of Uses.
B.
Buildings. After the effective date of this chapter, no building shall be erected, moved, altered, rebuilt, enlarged, designed or arranged to be used for any purpose or in any manner except in conformity with the regulations, requirements and/or restrictions specified in this chapter for the district in which such building is located.
C.
Lots. After the effective date of this chapter, no lot shall be built upon unless it is a buildable lot as defined herein.
§ 128-10 Exceptions.
A.
Height exceptions. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, sirens and loudspeakers for emergency purposes, penthouses and domes not used for human occupancy, chimneys, ventilators, skylights, water tanks, silos, bulkheads and similar features, and necessary mechanical appurtenances usually carried above the roof level. Nothing contained in this chapter shall prevent the erection of an ornamental parapet wall or cornice that extends not more than five feet above the maximum permitted height of the building. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve.
B.
Projecting architectural features. The space in any required setback shall be open and unobstructed except for the ordinary projection of windowsills, belt courses, cornices, eaves and other architectural features; provided, however, that such features shall not project more than three feet into any required setback.
C.
Building entry and porticos. Roofed-over but unenclosed stairs and/or landings in the nature of an entryway or portico not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be permitted to encroach on a required front yard setback.