Bethlehem Township City Zoning Code
ARTICLE XI
OB Office/Business District
§ 275-85 Purpose.
A.
This purpose of this district is to provide sufficient locations for offices and related business uses in a campus-like setting.
B.
In anticipation of the completion of Route 33, it is the intent of the Comprehensive Plan Amendment of 1997 that most areas that were zoned OB west of Route 33/north of Freemansburg Avenue and areas south of Freemansburg Avenue be rezoned to LI(P), except for areas generally within 600 feet of existing or approved residential development.
§ 275-86 Definition of planned business development.
A development approved as a conditional use under the standards of § 275-90 or a development that was granted subdivision or land development approval prior to the adoption of this chapter for two or more industrial lots or one or more office buildings. The planned business development standards are primarily intended to avoid the eventual placement of a large number of driveways that would enter onto arterial and connector streets, and to provide for unified and coordinated development.
§ 275-87 Permitted-by-right uses.
[Amended 3-19-2001 by Ord. No. 03-01; 3-18-2002 by Ord. No. 03-02; 12-20-2004 by Ord. No. 10-04; 11-18-2024 by Ord. No. 05-24]
Only the following are permitted-by-right uses in the OB District, provided that the requirements for specific uses in Article XX are met:
A.
The following uses are permitted by right only within an approved planned business development, as principal or accessory uses:
(1)
Standard restaurant.
(2)
Exercise club.
(6)
Manufacture, assembly and testing of electronic, microelectronic and computer products.
(7)
College, university or trade school.
(9)
The following uses, provided that the applicant provides sufficient evidence to the Zoning Officer that the use will not routinely generate a total of more than 20 trips in and out of the lot onto public street(s) by tractor-trailers during the average work day. The Zoning Officer may request a decision by the Zoning Hearing Board to determine whether a use will meet this requirement.
(10)
Retail sales or personal service uses, provided that not more than 10% of the land area of any tract is used for the total of such uses.
(14)
Orthopedic specialty center.
B.
The following uses are permitted by right, either within an approved planned business development or within a lot of record that existed prior to the adoption of this chapter that has a lot area of less than 10 acres:
(1)
Swimming pool, public or semipublic.
(3)
Publicly owned recreation.
(5)
Crop farming.
(9)
Membership club.
(11)
Wildlife sanctuary.
(13)
U.S. Postal Service facility.
(16)
Offices or office building.
(17)
Financial institution.
(18)
Golf driving range, provided there is a minimum lot area of six acres and provided that outdoor lighting is directed to minimize nuisances to dwellings and along streets.
§ 275-88 Conditional uses.
There are no special exception uses in the OB District. Only the following are permitted conditional uses in the OB District, provided that the requirements for specific uses of Article XX are met:
§ 275-89 Specifically prohibited uses.
All uses not specifically permitted are prohibited, unless their allowance is implied by a closely similar use. The following uses are very specifically prohibited in the OB District as principal and/or accessory uses.
A.
All uses are prohibited that would have a serious threat of future inability to comply with the performance standards of this chapter, as stated in Article XVI.
B.
All of the following uses are prohibited:
(1)
Tar distillation or manufacture.
(2)
Coke oven.
(3)
Creosote treatment or manufacture.
(4)
Explosives, fireworks, ammunition and gunpowder manufacture or bulk storage (except storage within a U.S. military or state-owned facility).
(5)
Incineration, reduction, distillation, storage or dumping of slaughterhouse reuse, rancid fats, garbage, bones, dead animals or offal.
(6)
Bulk manufacture, bulk mixing or bulk processing of highly hazardous chemicals, including but not limited to the following acids: hydrochloric, nitric, picric, sulfuric, sulphanous or carbonic.
(7)
Oilcloth manufacture.
(8)
Raw paper or pulp mill.
(9)
Petroleum or kerosene refining or distillation.
(10)
Potash work.
(11)
Stockyard, slaughterhouse or meat-packing plant.
(12)
Manufacture of agricultural chemicals, fertilizers or pesticides.
(13)
Mineral extraction.
(14)
Manufacture of asphalt.
(15)
Bulk storage or refining of liquid fuels for off-site sales.
(16)
On-site manufacture of cement, gypsum, concrete or plaster.
(17)
Trucking company terminal as a principal use.
(18)
Animal feed mill.
(19)
Solid waste disposal facility, including but not limited to landfill or bulk solid waste incinerator.
(20)
Adult uses.
(21)
Treatment center.
(22)
Mobile/manufactured home park.
(23)
Prison.
§ 275-90 Standards for approval of planned business development.
To assure that the intent and requirements of this district are complied with, review and approval of a planned business development shall be required as a conditional use.
C.
Information. The applicant shall present whatever information is available on the types of tenants or uses that are intended or expected in different portions of the development.
D.
Relationship to surroundings. The applicant shall show how the development will be coordinated with access and utilities of other portions of the OB and LI Districts and with Routes 22 and the existing and proposed Route 33.
E.
Open space and landscaping. The application shall show an overall plan of open spaces and landscaping. This plan shall be carried out through a system of deed restrictions on each lot.
F.
Access.
(1)
Coordinated access. Any planned business development shall make the absolute maximum use possible of interior streets, as opposed to numerous driveways entering onto an arterial street. Deed restrictions shall be placed on any individual lots that are created, to require access to the interior street system only.
(2)
Access to other than arterial streets. Based upon any PennDOT review comments, the Township Comprehensive Plan and reviews by the Planning Commission, Police Chief and Township Engineer, the Board of Commissioners may require that a planned business development not have any direct access that would involve left-hand turns onto and off of an arterial street (except at an intersection planned for or with an existing traffic signal) if reasonable access could be provided off of and onto a connector, collector or suitable local street.
(3)
Easements for access. The Board of Commissioners may at the time of approval of a subdivision or land development within an OB District, require a lot or tract to provide an easement, stub street extension and/or street right-of-way extension for vehicular traffic to adjoining tracts to allow an efficient interior access system.
G.
Staged construction. If development is to occur in progressive stages, each stage shall be planned and occur so that the purposes and requirements of this chapter are fully complied with at the completion of each stage. Each stage shall be shown on the plan.
H.
Lot regulations. Any lot proposed to be created presently or in the future within a planned business development shall be capable of complying with the lot and setback regulations of this district (see § 275-91).
J.
Information on covenants. A planned business development shall include a reasonable set of deed restrictions or covenants imposed by the developer on each lot. These covenants should cover types of uses, maintenance of lots and industrial operations, with a proper means for enforcement. The covenants shall also be written to carry out the purposes and requirements of a planned business development. The language of these covenants shall be presented before a planned business development is approved.
§ 275-91 Lot and setback regulations.
[Amended 3-1-1999 by Ord. No. 4-99; 11-18-2024 by Ord. No. 05-24]
A.
Information. The applicant shall present information on the approximate number of employees and shifts that are expected. Also, the applicant shall present information on the approximate amount of heavy truck traffic that is expected.
B.
Minimum lot area: two acres, except one acre for any lot limited by deed restriction to nonindustrial uses.
D.
Minimum lot depth: 200 feet.
E.
Minimum front yard setback: 50 feet from the future street right-of-way.
G.
Maximum lot coverage: 40% for buildings, 65% for total impervious coverage, except as follows:
(1)
If a planned business development includes landscaped open areas and/or dedication of parkland adjacent to residential districts in a manner generally consistent with the Bethlehem Township Comprehensive Plan, as amended, then as a condition of approval of the planned business development, the Board of Commissioners may permit certain predesignated lots to have a maximum building coverage of 45% and a maximum impervious coverage of 75%, provided that the applicant provides evidence that the average for all lots and any dedicated parkland will not exceed 40% building coverage and 65% impervious coverage.
J.
Maximum height. Whichever of the following maximum heights is most restrictive shall apply:
(1)
Within 300 feet of a residential district boundary, not including a residential district boundary separated by an existing or officially proposed expressway: 25 feet.
(2)
Between 300 feet and 1,000 feet of a residential district boundary, not including a residential district boundary separated by an existing or officially proposed expressway: 45 feet or four stories.
(3)
All other locations: five stories or 60 feet.
K.
Enclosed structures. All manufacturing shall occur within completely enclosed structures.
L.
Setback from expressways: 100 feet minimum from the existing right-of-way of an expressway for all buildings.
M.
Setbacks from dwellings, setbacks from residential and agricultural districts and setbacks from municipal parks; requirements for berms.
(1)
Except as provided in Subsection M(3) below, industrial uses and areas routinely used for the parking, storage, loading or unloading of two or more tractor-trailer trucks or refrigerated trucks shall be set back the following minimum distances from any dwelling, any residential or agricultural district boundary and any municipal park. Such setback may be used for private vehicle parking and similar uses within the other requirements of this article.
(a)
Industrial uses: 400 feet from the lot lines of any dwelling and any residential or agricultural boundary and 300 feet from the lot lines of any municipal park.
(b)
Tractor-trailer truck areas: 400 feet from the lot lines of any dwelling and any residential or agricultural district boundary and 300 feet from the lot lines of any municipal park.
(c)
Refrigerated truck areas: 400 feet from the lot lines of any dwelling, any residential or agricultural district boundary and the lot lines of any municipal park.
(2)
Municipal park defined. For the purposes of this section, the term "municipal park" includes any and all publicly owned land which is designated as park and/or open space and any and all privately owned land which has been designated on the official map or by other formal action by the Board of Commissioners as reserved or intended for future acquisition for park and/or open space; provided, nevertheless, that "municipal park" does not include:
(3)
Exceptions.
(a)
Such setbacks shall not apply if such industrial use, tractor-trailer truck area or refrigerated truck area is separated from such dwelling, residential or agricultural district boundary and municipal park by an existing expressway or a proposed expressway for which primary construction contracts have been awarded by the governmental agency having jurisdiction thereof for the final segment of the construction of all through-traffic lanes for such expressway.
(b)
The setback for tractor-trailer truck areas and refrigerated truck areas shall be a minimum of 200 feet if a principal building will completely separate such areas from any dwelling, residential or agricultural district boundary and any municipal park.
(c)
Where a municipal park is located within a residential or agricultural district and one or more lot lines of such municipal park is coextensive with the boundary of such district, the setback applicable to the lot lines of such municipal park shall apply rather than the setback applicable to such district boundary; provided, nevertheless, that the setback applicable to such district boundary shall continue to apply to the portions of such district not used or proposed for use as a municipal park and for this purpose the district boundary shall be deemed to be relocated within the district to the lot lines of those lots abutting such municipal park.
(4)
Any building that is not regulated under the above Subsection M(1) shall be set back a minimum of 150 feet from the lot lines of any dwelling, any residential or agricultural district boundary and the lot lines of any municipal park. Such setback may be used for private vehicle parking and similar uses within the other requirements of this article.
(5)
An earth berm shall be constructed within the setback areas required by this subsection meeting the following conditions:
(a)
Berm height shall be measured along a series of lines within the setback area perpendicular to the lot line. The height of the berm along each line shall be not less than eight feet above the highest elevation within the setback along such line.
(b)
The maximum slope of the berm shall be three feet measured horizontally for each one foot measured vertically. Therefore, for example, four feet horizontally to one foot vertically shall be permitted, while two feet horizontally to one foot vertically shall be prohibited.
(c)
The minimum width of the top of the berm shall be five feet.
(d)
The toe of the slope of the berm adjacent to the lot line shall be not less than 25 feet from the lot line. The distance from the toe of the slope to the adjacent lot line shall be increased as necessary to ensure that stormwater flows onto adjoining tracts are not altered in severity or flow characteristics from the predevelopment state.
(e)
The plant screening required by § 275-171 shall be placed towards the top on the residential, agricultural or municipal park side of the berm.
(f)
Any required detention/retention facilities for stormwater control shall be located on the business/industrial side of the berm. In no case shall a detention/retention pond be located between the berm and the lot line which separates the business/industrial district from the dwelling, residential or agricultural district or municipal park.
N.
Facade materials. It is strongly encouraged that a minimum of 75% of the facades of buildings facing onto streets consist of glass, brick or other decorative masonry. This provision is intended to avoid metal or cinder block construction, at least as visible from a street. Subdividers are strongly encouraged to place such a requirement on each lot through deed restrictions.
O.
Landscaped front yards. Within any lot submitted for subdivision or land development approval after the adoption date of this chapter, a maximum of 80% of the required minimum front yard setback area shall be maintained in landscaped green space. The intent is that the remaining 20% would be used for driveways, fire lanes, visitor parking, handicapped parking and walkways. Other vehicle parking is intended to primarily be placed to the side or rear of buildings.
Q.
Loading docks. An applicant shall prove to the satisfaction of the Township that loading docks routinely serving three or more tractor-trailer trucks have been located within reason to seek to minimize their visibility from dwellings, public streets and existing and planned expressways. No new loading dock routinely served by tractor-trailer trucks shall be located within 75 feet of the existing right-of-way of a public street.
R.
Bikeway. The Board of Commissioners may require that a recreational bicycle path be required to be constructed in place of requirements for sidewalks along streets. The Board of Commissioners may permit such bikeway be located outside of the street right-of-way if there is a satisfactory easement.
S.
Relationship to other districts.
(1)
Where a use is required to provide a buffer yard, berm or setback adjacent to an agricultural or residential district, such requirement shall not apply from a CR District boundary.
(2)
A lot in the OB District may extend into another district. Portions of a lot in the CR District may be used to count towards meeting minimum setbacks, maximum building coverage, maximum impervious coverage and stormwater requirements for a use in the OB District on the same lot if:
(3)
Portions of a lot in the OB District may be used to count towards meeting minimum buffer, minimum setbacks, maximum building coverage, maximum impervious coverage and stormwater requirements for a use in another district on the same lot. Portions of a lot in the OB District may include stormwater basins and vehicle parking to serve a use in another district. However, portions of a lot in an OB District shall not include parking of tractor-trailer trucks or trailers to serve a use that is not allowed in the OB District.
(4)
A lot that extends across the LI and OB Districts may include uses allowed in the OB District on the OB portion of the lot, and uses allowed in the LI District on the LI portion of the lot. Therefore, for example, offices and private vehicle parking might be placed on the OB portion of a lot, and a manufacturing facility and trucking operations on the LI portion of that lot.
(5)
See the definition of "impervious coverage" which generally allows common open space to meet the impervious coverage restriction of an adjacent lot.
(6)
Wherever the abbreviation LI appears in this subsection, it shall also apply to the LI(P) district.