Bethlehem Township City Zoning Code

No such use shall be located within 500 lineal feet of any primary or secondary school, place of worship, public park, day-care center, child nursery, library, RR, LDR, MDR, MHDR or CR District or any site marked as a proposed future park location on the Township Official Map.

No such use shall be located within 1,000 lineal feet of any existing adult bookstore, adult movie theater, massage parlor or cabaret.

A forty-foot wide buffer yard shall be provided, regardless of zoning district, along the side and rear lot lines in accordance with Article XIX, but with plantings of an initial minimum height of five feet.

No obscene nor pornographic material or words shall be placed in view of persons who are not inside of the establishment. Definite precautions shall be made to prohibit minors from entering the premises.

The applicant must prove to the satisfaction of the Board of Commissioners that such use would not in any way adversely affect the character of the surrounding area, including property values.

No such use shall be used for any purpose that violates any federal, state or Township law. Any violation of this zoning requirement involving a serious criminal offense that the proprietor has continuing knowledge of and allows to occur shall be sufficient reason for the Township to withdraw the zoning permit.

See § 275-158, Signs prohibited in all districts.

No such use shall be allowed in combination with the sale of alcoholic beverages.

The use shall not include the sale or display of obscene materials. "Obscene materials" shall be as defined by state law, except the words "reasonable persons" shall be substituted for "average person applying contemporary community standards."

These uses are specifically prohibited in all districts except the PC District.

A minimum lot area of two acres is required.

Any private viewing booths shall be completely enclosed and limited to one person per booth.

No use may include live actual or simulated sex acts.

Only "lawful" massages as defined by state court decisions shall be performed in a massage parlor.

The use shall not operate between the hours of 11:00 p.m. and 7:00 a.m.

No more than one adult use shall be located on any lot.

No lot containing an adult use shall be located within 5,280 lineal feet from the lot line of a gaming facility or racetrack.

Shall be fully licensed by the state, if required.

Shall include constant supervision during all hours of operation.

Shall not be related to rehabilitation of convicted felons, treatment of the criminally insane or to treatment for serious drug or alcohol addiction.

A minimum lot size of 25 acres for an airport.

For a heliport, a minimum lot size of two acres shall be required in an OB, LI or GI District or 15 acres in any other district.

Runways shall be oriented to minimize the hazards and disturbance posed by aircraft during takeoff and landing.

The Pennsylvania Bureau of Aviation shall find the landing area safe and acceptable for licensing to develop the property for an airstrip, airport or heliport.

The proposed expected flight paths must be such that a noise hazard will not be created to existing residences or approved residential developments.

The end of any runway shall be a minimum of 1,000 feet and the landing pad of a heliport shall be a minimum of 300 feet from any existing principally residential use which the applicant for the airport or heliport does not have an option to purchase.

Conditions. The Zoning Hearing Board may place such necessary and reasonable conditions on the use to carry out the objectives of this chapter. These include limiting the types and sizes of aircraft, the hours of operations, the numbers of flights and the general direction of approach. However, the Zoning Hearing Board shall not place any conditions on the use that will seriously threaten the safety of the operations.

All the regulations for a "cemetery" in this section shall apply.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use will be conducted in such a manner that the public health and groundwater quality will not be threatened.

A minimum lot area of two acres shall be required for those animal hospitals treating small animals (such as cats, birds or snakes). A minimum lot size of three acres shall be required for those animal hospitals treating large animals (such as cattle, horses or pigs).

All buildings in which animals are housed or provided care shall be located at least 100 feet from any lot line of another lot. Buildings should be adequately soundproofed so that sounds generated within the buildings cannot be perceived at the lot lines.

Outdoor animal runs may be provided for small animals so long as the runs are at least 200 feet from any existing dwelling.

A commercial kennel shall only be an accessory and not a principal use.

Minimum lot area: five acres.

No new barns, animal shelters, stables, feed yards, or manure storage areas shall be located closer than 300 feet from all dwellings (except the dwelling of the owner or lessee) and from RR, LDR, MDR or MHDR District boundaries, and from existing restaurants and from existing office uses and 150 feet from all exterior property lot lines.

No additions to existing barns, animal shelters, stables, feed yards, or manure storage areas will be located closer than 100 feet from all property lines, LDR, MDR or MHDR District boundaries and dwellings (except the dwelling of the owner or lessee).

Any area used for the keeping of animals or livestock shall be separated by a fence and setback 50 feet from any lot line of an existing residence or any lot line within an RR, LDR, MDR or MHDR District.

The keeping of minks or garbage-fed pigs is prohibited in all districts.

A forty-foot buffer yard shall completely separate the structure and all off-street parking areas from any lot line of any residential use or RR, LDR, MDR or MHDR District.

A commercial auditorium shall have a minimum lot size of one acre for each 100 seats.

The structure of a commercial auditorium with a capacity of 300 or more person shall be set back a minimum of 300 feet from the lot line of any residential use or RR, LDR, MDR or MHDR District.

All major repair, welding and paint work shall be performed within an enclosed building.

All reasonable efforts shall be made to prevent or minimize noise, odor, vibration, light or electrical interference to adjacent lots.

Outdoor storage of autos and other vehicles shall not be within the required front yard nor closer than 20 feet from any other lot line.

Outdoor storage of auto parts and junk shall be prohibited.

No vehicle that is not operable or does not have current registration shall be stored with view of public streets or a dwelling for a total of more than 10 days.

Service bay doors shall not face abutting RR, LDR, MDR or MHDR Districts.

A use that is primarily intended to serve trucks with six or more wheels shall be required to have a minimum lot area of three acres and all areas used for repairs, fueling and serving of such vehicles shall be set back a minimum of 200 feet from all existing residential lot lines and residential zoning boundaries.

No vehicle on display shall occupy any part of the existing or future street right-of-way or required parking area.

See light and glare standards in § 275-135.

See definition in Article II and definition of "auto repair garage."

All activities except those to be performed at fuel pumps, air pumps or electric vehicle charging stations shall be performed within a completely enclosed building.

Fuel pumps and electric vehicle charging stations shall be at least 25 feet from the ultimate street right-of-way.

All automobile parts and dismantled vehicles are not to be visible from a public street or dwelling.

No vehicle that is not operable or does not have current registration shall be stored within view of a public street or a dwelling for more than a total of 10 days.

Fuel pumps and air pumps should be arranged so that vehicles lined up for service do not obstruct access into or out of the site.

A use that is intended to provide fueling service to tractor trailers with six or more wheels, in addition to primarily servicing passenger vehicles, shall be required to have a minimum lot area of three acres.

The use shall only be permitted on a lot with a minimum lot size of two acres. The use shall not provide amenities to promote overnight stay, such as showers, truck lounge, gym, laundry facilities or grooming stations.

Minimum lot width of 300 feet fronting an arterial road.

All fuel pumps, fuel storage tanks and buildings shall be set back at least 300 feet from any public or private primary or secondary school, nursery school/day-care facility, playground, cultural/community center, personal-care center, life-care center or wildlife sanctuary use; and at least 100 feet from any residential use.

There shall be an ability for the fueling of a minimum of four vehicles to be served at one time.

Minimum lot area: two acres.

Minimum building setback: 20 feet, side lot lines; 50 feet, all other lot lines.

Minimum lot width: 150 feet.

Maximum density: four bedrooms or eight persons per acre.

Each sleeping room shall be limited to two persons each.

A twenty-foot wide buffer yard with screening meeting § 275-171D shall be provided between any boardinghouse building and any abutting single-family detached dwelling that is within 120 feet of the proposed boardinghouse building.

Interior space: a minimum of 300 square feet of interior floor space per resident.

Maximum number of residents: 20.

See also standards for "personal care centers" which is a separate use.

Signs shall be limited to two signs with a maximum of two square feet each.

Rooms shall be rented for a minimum period of seven days.

Shall be on a lot with access available to an arterial street, without causing the traffic to pass through a primarily residential area.

Shall provide an area for the loading and unloading of buses separate from required off-street parking areas, and a separate area for pickup and dropoff of persons from private vehicles.

Campground.

Campground, water-based recreational.

Traffic flow and ingress-egress shall not cause traffic hazards on adjacent streets.

Access points shall be limited to two on each street abutting the lot.

On-lot traffic circulation channels and parking areas shall be clearly marked.

Signs and outdoor lighting shall be in accordance with this chapter.

Adequate provisions shall be made for the proper and convenient disposal of refuse.

Centralized sewage disposal facilities and centralized water supply facilities shall be provided.

Water used in the operation shall be collected and recycled and shall not flow into any storm sewers.

Water from the car wash operation shall not flow onto sidewalks or streets, to prevent hazards from ice.

Any car wash that is located within 200 feet of an existing residence shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

Any chemicals that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks or spills.

Shall be on a lot at least two acres in area.

A crematorium shall be allowed as a special exception accessory use only in the AG District and is prohibited from all other districts.

All structures and graves shall be set back a minimum of 50 feet from the lot line of an abutting residential use or any abutting residentially zoned lot, 25 feet from the right-of-way of any public street and five feet from the cartway of an internal driveway.

No grave sites shall be located within the one-hundred-year floodplain.

No more than one check-cashing business shall be located on any lot.

No lot containing a check-cashing business shall be located within:

Site plan. A site plan shall be prepared and submitted for any proposed commercial communications tower pursuant to the requirements of § 275-178. No site plan is required for a co-located commercial communications antenna, although a visual impact analysis may be required pursuant to Subsection A(18)(d).

Commercial communications tower and/or antenna as additional lot use and/or structure. A commercial communications tower and/or antenna may be located on a lot within the requirements of this chapter whether or not other uses or structures are also located on such lot, and the existence of other or different uses and/or structures on said lot shall not solely by reason thereof preclude the installation of such tower and/or antenna. For the purpose of determining whether a commercial communications tower and/or antenna complies with the lot regulations in any zoning district (including but not limited to lot area, lot width, lot depth, and lot coverage), the dimensions of the entire lot shall control, even though such tower and/or antenna are the subject of a license or lease on such lot, and the creation of a such license or lease shall not be considered a subdivision of land.

Additional setback. A commercial communication tower shall be set back to the most restrictive of the following:

Visual impact analysis.

National Environmental Policy Act (NEPA).

Base. The base of a commercial communication tower shall be surrounded by a secure fence with a minimum height of eight feet.

Landscaping. The following landscaping shall be required to screen the fence surrounding the tower and any other ground level features such as a building. Any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping may be permitted, if they achieve the same degree of screening as the required landscaping. Landscaping shall not be required shall not be required for a co-located commercial communications antenna.

Parking. A minimum of two off-street parking spaces shall be provided for a commercial communications tower.

Equipment shelter. Information shall be provided detailing the contents of the proposed equipment shelter servicing the proposed commercial communications tower and/or antenna. The information shall include but not be limited to the type and quantity of oil, gasoline, batteries, propane, natural gas or any other fuel stored on the site. Information shall also be submitted which demonstrates that any hazardous materials stored on site including but not limited to fuel sources shall be housed to minimize the potential for any adverse impact on adjacent land uses. Materials safety data sheets for any hazardous material stored or utilized in the equipment shelter shall be submitted to the Township. The use of fuels and hazardous materials shall also be consistent with any Township requirements regarding the same.

Wind resistance. For any commercial communications tower or antenna higher than 50 feet, the applicant shall provide certification from a registered professional engineer stating that the commercial communications tower or antenna meets the more restrictive of the wind resistance standards set forth in the latest version of: the Township Building Code;[1] or ANSI/EIA/TIA 222. The registered professional engineer shall also certify to the overall structural integrity of the commercial communications tower or antenna.

Federal Aviation Administration (FAA).

Delaware and Lehigh National Heritage Trail Corridor Coordination (D&L Trail). The applicant for any proposed commercial communications tower or antenna located within one mile of the D&L Trail corridor shall notify the Delaware and Lehigh National Corridor Commission of its intent to place such structure. Any comments received by the Commission shall be considered by the applicant and integrated into the visual impact analysis. Further, any agency comments shall also be incorporated into any Environmental Impact Assessment report prepared in support of the commercial communications tower and/or antenna.

Airport coordination. The applicant for a proposed commercial communications tower or antenna located within a five-mile radius of an existing airport shall notify the airport of its intent to place such structure(s). Any comments received from the airport shall be considered by the Township in the processing of the application for the proposed commercial communications tower or antenna.

Federal Communications Commission (FCC).

Documentation of need. No new commercial communications tower shall be permitted unless the commercial communications company documents in writing to the reasonable satisfaction of the Township, and based on technological evidence where applicable, that:

Removal of commercial communications towers and antennas. If a commercial communications tower and/or antenna remains unused for a period of 12 consecutive months, the owner shall notify the Township in writing within 30 days and dismantle and remove the tower and/or antenna within six months. Further, the owner or operator of the tower and/or antenna shall post financial security in a form and amount acceptable to the Township to cover tower and/or antenna removal and site cleanup. The financial security shall be utilized by the Township in the event that the owner or operator of the tower and/or antenna fails to remove the tower and/or antenna within said six months.

Annual permit and fee. After a commercial communications tower and/or antenna is permitted and becomes operational, an annual inspection shall be performed by the Township or its designated agent to verify that the facility continues to meet the requirements of this chapter. The inspection shall consist of, but may not be limited to, review of the developed site condition versus the requirements of this ordinance and review of the annual radio frequency analysis. Upon completion of the inspection, the Township shall renew the permit, or revoke the permit if the proposed facility is in violation of this chapter. An annual permit fee, established by resolution of the Board of Commissioners, shall be paid by the owner of the facility. The Township may attach reasonable conditions to any permit or renewal thereof. All permit conditions shall be met within 30 days of the issuance of the permit or renewal thereof, unless a longer period is granted at the time the permit is issued or renewed. Failure to meet the conditions within the time allowed shall result in revocation of the permit and closing of the facility.

Exemptions. The following structures and uses are exempt from the requirements of this § 275-189A(18):

A commercial communications tower shall be set back a distance equivalent to 1/2 of the height of the antenna from all lot lines and existing street right-of-way lines.

A freestanding commercial communications tower with a height greater than 50 feet above the natural ground level shall not be located in a residential district unless the applicant proves to the satisfaction of the Zoning Hearing Board that no other appropriate sites in other districts are available, especially space on existing towers.

The base of a freestanding tower shall be surrounded by a secure fence with a minimum height of eight feet.

Any freestanding tower that is within 100 feet of a public street or dwelling shall be surrounded by evergreen screening within § 275-171D.

A commercial communications antenna/tower shall only be permitted within a district where it is specifically listed as permitted, except it may be permitted in other districts if it is attached to an existing water tower or existing principal nonresidential building (such as a church steeple or bell tower) and extends a maximum of 35 feet above such water tower or building.

See definition in Article II.

A forestry management plan shall be prepared and followed for any forestry involving more than two acres. This plan shall be prepared by a professional forester.

This forestry management plan shall be submitted for an advisory review by the Township Planning Commission.

The forestry management plan shall be consistent with the Timber Harvesting Guidelines of the Pennsylvania Forestry Association.

Clear cutting shall be prohibited except on tracts of less than two acres. This provision shall not apply to state game lands where clear cutting is done to benefit the natural habitat.

On tracts larger than two acres, at least 30% of the forest cover (canopy) shall be kept and the residual trees shall be well distributed. At least 30% of these residual trees shall be composed of higher value species as determined by a professional forester.

An erosion and sedimentation control plan shall be submitted to the County Conservation District for review and recommendation.

The Zoning Hearing Board may require restoration of the forested area based upon recommendations of the professional forester.

Commercial forestry is prohibited on areas that have slopes greater than 25% and/or are within the one-hundred-year floodway.

No loudspeaker or amplifying device shall be permitted which will project sound in excess of the sound levels of § 275-132 of this chapter.

No lighting shall be permitted which will shine on adjacent property.

The design of the building shall be sent to the Pennsylvania Department of Labor and Industry for a review.

No loudspeaker or amplifying device shall be permitted which will project sound in excess of the noise levels of § 275-132 of this chapter.

Lighting perceptible beyond the property line shall be minimized in accordance with § 275-135 of this chapter.

This use shall not include a commercial motor vehicle race track.

The use shall meet the applicable minimum lot area, yard, building area, off-street parking and other applicable requirements for the district.

Applicable state fire safety requirements shall be met.

Sewer service. Any sewage disposal system other than public sewer service shall be recertified for the new uses by the Sewage Enforcement Officer.

The resulting residential use shall be a permitted use in the district.

Single-family detached dwellings which are converted must maintain the appearance of a single-family detached dwelling with a single front entrance. Additional entrances may be placed on the side or rear of the structure. The dwelling units may internally share the single front entrance. Any exterior stairways and fire escapes shall be located on the rear wall, unless the applicant proves to the Zoning Officer that only a side wall would be suitable and feasible.

The conversion of a single-family detached dwelling into two units shall not be allowed if it would require a second front entrance or an outside fire escape on a front wall or on a side wall facing a street.

Except as may be necessary for purposes of safety in accordance with the preceding subsection, there shall be no major structural change in the exterior of a previously residential building in connection with the conversion. After conversion, any previously residential building shall retain substantially the same structural appearance it had before such conversion.

Separate cooking and sanitary facilities shall be provided for each dwelling unit.

Off-street parking spaces should be located to the side or rear of the converted structure.

Off-street parking lots with three or more spaces shall be buffered from abutting residences with appropriate evergreen planting of a minimum three-foot height.

Trash receptacles shall not be visible from the street or abutting properties except on scheduled pickup days.

See also additional requirements in § 275-190D(1), Accessory apartment within an existing single-family detached dwelling.

To be considered a conversion, any proposed alteration must be confined to the interior of an already existing structural shell.

Any proposal to extend the sides or increase the height of an existing structure shall not be considered a conversion and shall be required to meet the appropriate provisions established in that district for that particular use.

Shall be on a lot abutting an arterial street or collector street (as defined on the Official Street Classification Map).

Shall have a lot area of at least 12 acres.

A buffer yard which complies with the standards of § 275-171 shall be provided.

Shall comply with the performance standards of Article XVI specifically relating to noise, light and glare control.

The movie screen shall be situated so that its face is not visible from any public street.

No structure, except an enclosure fence, shall be located within 100 feet of any lot line; provided, however, that the screen shall be located not less than 150 feet from any lot line.

Sufficient car storage areas, deceleration lanes, sight distance and lighting shall be provided for safe and expedient handling of traffic; provided, however, that traffic lanes to exit the use shall provide storage space for at least 25% of theater capacity.

A playground and snack shop will be permitted as an accessory use.

Pornographic, obscene or sexually explicit films shall not be shown.

The Board of Commissioners may require that adequate measures be taken to avoid frequent and severe noise conflicts with any abutting residences.

The station shall have adequate and safe access onto a public street.

The station shall be sited only after an adequate study of long-term emergency station needs of all emergency service providers in the Township.

No loudspeaker or amplifying device shall be permitted which will project sound in excess of the noise levels of § 275-132 of this chapter.

Lighting perceptible beyond the property line shall be minimized in accordance with § 275-135 of this chapter.

Shall include adequate fencing surrounding any outdoor racquet sports.

Dumpster screening. See § 275-135. Outdoor trash receptacles shall be placed at convenient locations for patrons.

Shall provide landscaping on all areas not covered by buildings, structures, parking areas or access drives.

May provide an outdoor menu board (beyond the signs normally permitted) if drive-up service is provided to customers in their vehicles.

The course shall be designed so that golf balls are highly unlikely to enter public streets or property that is not part of the golf course.

A clubhouse, retail sales of golf supplies and/or restaurant may be permitted as an accessory use if located a minimum of 300 feet from any existing dwelling and/or exterior lot line.

Minimum lot area: 60 acres.

Any outdoor lighting shall be located and designed in such a way that the lighting is not easily visible from adjacent dwellings.

Maximum building coverage: 10%.

Maximum impervious coverage: 15%.

Fairways and greens shall be set back a minimum of 50 feet from the lot line of any existing dwelling.

See definition in Article II.

The use shall include adequate supervision by persons trained in the field of group home services.

Certification. If applicable, the use shall be licensed or certified under an applicable federal, state or county program. A copy of any such license or certification shall be filed with the Zoning Officer and shall be shown by the applicant to the Zoning Officer upon request.

Application and notification. An application shall be submitted to the Zoning Officer stating the proposed location, general type of client, general type of treatment/care, level of supervision, maximum number of residents, name of primary operator and name of any sponsoring agency. The Zoning Officer shall be notified in writing within 14 days if there is any change in this information or if the applicable license or certification expires, is suspended or is withdrawn.

Nonresidents. Any treatment or counseling services within a group home in a residential district shall be restricted to a maximum of three nonresidents per day.

Parking. If a group home would include four or more clients of a type who can reasonably be expected to be able to and allowed to drive a vehicle, then the group home shall include a minimum of three off street parking spaces. Any parking area of more than four spaces shall be required to include evergreen screening abutting any dwelling.

Appearance. A group home within a residential district shall be maintained and/or constructed with a clearly residential appearance. No exterior signs shall identify the use.

Number of persons. The following maximum number of persons[2] shall reside in a group home, not including necessary bona fide paid employee caregivers:

Septic. If a group home will use an on-lot septic system and will involve six or more persons routinely on the premises at any one time, the septic system shall be reviewed and determined to be acceptable by the Township Sewage Enforcement Officer.

Visitors. Employees of the group home shall not have visitors on the premises except for persons necessary for the operation of the use.

The lot shall comply with the following minimum requirements:

All areas used for the storage of maintenance vehicles, equipment, materials and supplies shall be set back a minimum of 400 feet from the lot line of any dwelling and from any residential district boundary line and a minimum of 80 feet from all other lot lines other than a lot line of the lot which is common to the right-of-way line of a expressway for which the setback shall be 60 feet. Such setback areas may be used for employee vehicle parking.

Except as provided in this subsection, an earthen berm shall be constructed within the setback areas described in Subsection A(38)(b) for the purpose of providing a visual screen of those areas used for the storage of maintenance vehicles, equipment, materials and supplies. The berm shall have a height not less than 12 feet, and a maximum slope of three feet measured horizontally for each one foot measured vertically. Berm height shall be measured along a series of lines within the setback area perpendicular to the lot line. The minimum width of the top of the berm shall be five feet. The toe of the slope of the berm adjacent to the lot line shall be not less than five feet from the lot line. The distance from the toe of the slope to the adjacent lot line shall be increased as necessary to insure that stormwater flows onto adjoining tracts are not altered in severity or flow characteristics from the predevelopment state. No berm shall be required within the sixty-foot setback for a lot line of the lot which is common to the right-of-way line of an expressway. No berm shall be required within the setback from a lot line in common with a lot having an existing earthen berm approved by the Township in connection with a subdivision or land development plan for such lot. Such berm shall be continuous except for locations approved by the Township for employee vehicle parking, for ingress to and egress from the lot, and where necessary in the opinion of the Township Engineer to facilitate stormwater management. The berm shall include the plant screening required by § 275-171D, which shall be placed towards the top, on the side of the berm facing the lot lines of the lot.

All utilities (including electric, telephone, and natural gas) shall be placed underground.

All areas used for the storage of maintenance vehicles, equipment, materials and supplies shall be completely fenced with a perimeter chain link metal fence not less than eight feet nor greater than 10 feet in height with a gate locked during all nonoperating hours.

The maximum building height shall be 35 feet except for enclosed structures for the stockpiling of salt used for highway maintenance, which structures shall have a maximum height of 45 feet.

Due to the nature of the use, compliance with the provisions of § 275-144H(4) that a substantial portion of the paved area landscaping trees should be planted within the parking lot within protected island shall not be required.

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.

See definition in Article II.

At least two access roads or driveways with a minimum width of 20 feet shall be provided from an arterial or collector street.

Adequate measures should be taken to avoid very serious noise conflicts with emergency sirens in the vicinity of a residential district.

Shall have a minimum lot size of two acres.

See definition in Article II.

Recreational facilities limited to guests of the use and a standard restaurant may be permitted accessory uses to a hotel or motel.

A hotel or motel shall serve only temporary guests. A use that is routinely inhabited by any persons for periods longer than 30 days shall be considered a boardinghouse and regulated as such.

Storage of garbage, organic or biodegradable material is prohibited.

All junk shall be at least 100 feet from any lot line.

All junk shall be at least 100 feet from any public street.

The site shall contain a minimum of two exterior points of access, each of which is not less than 30 feet in width.

The site shall be completely enclosed by a forty-foot wide buffer yard which complies with § 275-171. The initial height of the evergreen planting shall be six feet. This buffer yard shall be located on the outside of any fencing.

The burning or incineration of vehicles or junk shall be prohibited.

All junkyards shall be completely surrounded by well-maintained and secure fencing with a minimum height of seven feet.

No use shall produce noise or dust in violation of Article XVI.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that adequate precautions will be taken to prevent the seepage of oils, gasoline, grease or battery acid into the soil or water.

All buildings in which animals are housed and all runs shall be located at least 200 feet from all lot lines of existing residential uses and the boundaries of a residential districts.

Buildings shall be adequately soundproofed so that sounds generated within the buildings cannot be perceived at a lot line of a residentially zoned lot or dwelling.

No animal shall be permitted to use outdoor runs from 8:00 p.m. to 8:00 a.m. that are within 300 feet of an existing dwelling.

See state laws regulating kennels.

A kennel may be used for breeding, within the other requirements of this chapter.

Density. All of the requirements of the MHDR District shall be met as a minimum. A life-care center may be developed using the same density as would otherwise be permitted in the MHDR. However, a tract may also include a nursing home in addition to the permitted dwellings.

Retail and services. The life-care center may include facilities providing common retail needs and personal services. These facilities shall be limited to 2,000 square feet of floor area for every 50 dwelling units. These facilities shall be limited to use by residents and their occasional guests.

Restaurant. The life-care center may include a standard restaurant limited to residents and their occasional guests.

Nursing home. Any nursing home shall be intended to eventually primarily serve the residents of the life-care center. A maximum of one nursing home bed is permitted for every three dwelling units.

Support facilities. Common recreational areas for residents may be provided, as well as administrative offices for the facility.

Open space. A minimum of 20% of the tract shall be maintained as common open space. This area shall include walking paths and outdoor sitting areas.

Safety features. The following features are required throughout the project to protect the health and safety of the senior citizen residents:

The activities and residual effects shall not create conditions hazardous or otherwise significantly adverse to the value and customary use of adjacent properties. Adequate and reasonable protection shall be provided to adjacent uses.

The site shall be reclaimed in phases to a nonhazardous state permitting some economically productive future use and that extracting activities and resulting condition of the site will not result in environmental degradation of the surrounding area.

Buffer yard. A buffer yard within the standards of § 275-171D with a width of 200 feet shall be required between the lot line of any existing residential use or residentially zoned land and any mineral extraction use.

Minimum setback from all exterior lot lines: 100 feet.

Additional setbacks: 200 feet from any publicly owned recreational land, school, place of worship, creek, river, lake or wetland.

Fencing. Secure chain-link fencing at least seven feet in height shall surround all active areas of mineral extraction.

Noise and performance standards: see Article XVI.

County Conservation District. The Board may require that the applicant submit a copy of all submitted materials to the County Conservation District for a review.

Engineering review. The Board may submit an application affecting greater than 10 acres to a professional engineer for a review. Such reasonable, necessary and routine review fees as occur shall be paid for by the applicant.

Hours of operation. The Board may reasonably limit the hours of operation of the use and of related trucking operations to protect the character of adjacent residential areas.

Road repairs. The applicant may be required to post such reasonable and necessary bonds to provide for any serious and extraordinary damage that may result from the use of Township roads by heavy trucks from the mining operation.

Prior to the issuance of any special exception under this chapter for surface mining, the Zoning Hearing Board shall determine that the proposed use will not adversely affect the public health or safety of the community. In reaching this determination, the Board shall consider the following information as supplied by the applicant or any other party to the proceeding:

Site plan review required when applicable. See § 275-178.

Preemption. It is not the intent of this section to unlawfully preempt any federal or state law or regulation. Unless a preemption of this chapter would exist, the most strict and least permissive requirements shall be in effect where a conflict might exist.

State and federal permits. No mineral extraction use may begin, expand or continue without having in effect all required state and federal permits and being in compliance with all applicable regulations.

Suitability of roads.

Application requirements. Each application for a special exception for mineral extraction covering an area greater than one acre shall contain the following information:

Regulation of the maximum acreage available for active surface mining.

Unique or environmentally significant natural features and significant historic or architectural structures and sites or public water supply shall be protected from disruption or adverse effects from quarrying and/or mining activities, including, but not limited to, the Monocacy Creek.

Shall be constructed in accordance with the safety and construction standards of the U.S. Department of Housing and Urban Development. (Note: These standards supersede the BOCA Code concerning the construction of the actual unit.)

Shall have a site graded to provide a level, stable and well-drained area.

Shall have wheels, axles and hitch mechanisms removed.

Foundation. Shall be placed on a permanent foundation as described by the following:

Shall be enclosed from the bottom of the home to the ground or stand using industry-approved skirting material compatible with the home.

Shall have a pitched instead of a flat roof.

Should be located with the longest side facing the public street.

Shall have a minimum tract size of five acres and a maximum overall density of no more than four mobile/manufactured homes per acre.

Shall have centralized sewer and water.

Shall have a thirty-foot wide buffer yard around the perimeter of the site. See § 275-171.

All applicable provisions of Chapter 230, Subdivision and Land Development, shall be complied with.

Minimum separation between mobile/manufactured homes of 20 feet.

Setback distances measured from the existing street right-of-way line shall be as follows:

Recreation area. Contiguous usable recreation area shall be provided. The amount of this recreation area shall be a minimum of 1,000 square feet per dwelling unit within the tract. This shall be developed as an active playground and level field suitable for free play, unless the development would be limited to persons over age 55, in which case trails and trees shall be provided. Areas within the required perimeter setback shall not count as this recreation area.

Each unit shall comply with the requirements for mobile/manufactured homes, in § 275-189.

A mobile/manufactured home park may include a recreation center for residents, a rental/management office, maintenance buildings for the park and the sale of mobile/manufactured homes that will be placed on the tract.

The use shall comply with the noise levels of § 275-132. This restriction includes but is not limited to engines or any amplifying device.

Lighting perceptible beyond the property line shall be minimized in accordance with § 275-135.

The use shall also meet the other performance standards of Article XVI, including dust.

The use shall be completely surrounded by a buffer yard as described in Article XIX, but with required plantings of twice the height.

The area used for the testing, warmup or racing of race vehicle engines shall be set back a minimum of 1,000 feet of a building including an existing dwelling unit and 500 feet from the boundary of a residential district.

Minimum lot area: 20 acres.

A traffic study is required, under § 275-179.

See also nursery school/day-care center as an accessory use in § 275-190.

The use shall comply with any applicable county, state, and federal regulations, including having an appropriate Pennsylvania Department of Public Welfare registration certificate or license.

Convenient parking spaces within the requirements of Article XVII shall be provided for persons delivering and waiting for children.

In residential districts, shall have a minimum lot area of 1,500 square feet for each child cared for at any one time other than children of the operator.

Shall include adequate measures to ensure the safety of children from traffic or other nearby hazards.

Outside play areas in residential districts shall be limited to use between 8:00 a.m. and 8:00 p.m. if located within 200 feet of a dwelling.

No portion of an outside play area shall be 30 feet or less from an adjacent existing occupied dwelling, without the owner's written consent.

This use shall not be conducted in a dwelling that is physically attached to another dwelling.

Residential districts. In these districts, any permitted day-care center shall maintain an exterior appearance that resembles and is compatible with any existing dwellings in the neighborhood.

A nursery school or day-care center may occur in a building that also contains one dwelling unit.

Licensing. See definition in Article II.

Maximum impervious coverage: 70%, unless a more restrictive requirement is stated elsewhere.

The use shall provide a minimum of 20% of the site suitable and developed for passive recreation. This area shall include outdoor sitting areas and pedestrian walks.

The density shall not exceed more than one resident or bed per 1,000 square feet of total lot area.

Setback. Principal and accessory buildings shall be set back a minimum of 50 feet from all lot lines, unless a more restrictive setback is required by another section.

No more than one pawn shop shall be located on any lot.

No lot containing a pawn shop shall be located within:

The standards for nursing homes in this section shall apply.

The "safety features" listed for life-care centers within this § 275-189 shall apply to a personal care center also.

No area within 300 feet of an existing dwelling shall be actively used between the hours of 9:00 p.m. and 7:00 a.m.

No loudspeaker or amplifying device shall be permitted which will project sound beyond the boundaries of the property.

No lighting shall be permitted which will shine on adjacent property.

Shall be on a lot at least two acres in area.

Weekly religious education rooms and meeting rooms are permitted accessory uses, provided that such uses are of such a character and intensity that they would be clearly customary and incidental to the place of worship. A nursery school/day-care center is also permitted, within the requirements for such use in this section. Noncommercial buses used primarily to transport persons to and from religious services may be parked on the lot.

A maximum of one dwelling unit may be accessory to a place of worship on the same lot. However, no dwellings shall be permitted in the OB, LI or GI Districts.

Shall be in accordance with the environmental protection standards of this chapter and in accordance with all applicable development standards of Chapter 230, Subdivision and Land Development.

Shall comply with the provisions of Article XXIII.

All dwellings, except individual single-family detached dwellings on lots of one acre or greater, shall be served by both public water and public sewer service.

This use may include outdoor storage and display of plants and trees.

Any lot involving retail sales of items that were not primarily grown on the premises shall contain a minimum of five acres in the RR and MHDR Districts.

A lot of five acres or more in the RR or MHDR districts or a lot of any size in a commercial or industrial district where a plant nursery is permitted may include:

This use shall not be bound by the requirements of a solid waste disposal facility.

All materials shall be kept in appropriate containers, with appropriate sanitary measures to prevent the attraction of insects or rodents and to avoid any fire hazards.

Such facility shall have adequate provision for serving by truck and for off-street parking.

A fifty-foot wide buffer yard with screening as described in § 275-171 shall be provided between this use and any abutting dwelling or residential district.

This use may be an accessory use to a commercial use, an industrial use, a public or private primary or secondary school, a place of worship or a Township-owned use, subject to the limitations of this section.

Materials to be collected shall be of the same character as the following materials: paper, cardboard, aluminum and glass. No organic materials or garbage shall be stored as part of the use.

The use shall include no processing other than collection, sorting and routine cleaning. No burning or land-filling shall occur.

Shall not include the collection or processing of any metals or pieces of metals that have a weight greater than 10 pounds.

Shall not include the delivery of more than 100 tons of materials to the site in any twenty-four-hour period. A maximum of 500 tons of materials shall be stored on the site at any one time.

MHDR District. A retirement village may be constructed within the conventional requirements of the MHDR District for any permitted housing types, except:

MDR District. A retirement village may be constructed within the conventional requirements of the MDR District for any permitted housing types, except:

No greater than 30% of the dwelling units shall be three or more bedrooms.

All residents must be at least 55 years of age, except for their spouses and except for persons who are physically handicapped.

A community center for the residents of the development shall be provided and shall include the following facilities:

Prior to final approval of the plans, the Township must be satisfied with and agree to the legal arrangements and contracts to insure the age restrictions will be adhered to.

A minimum tract size of five acres is required.

Minimum lot area. One acre, unless a larger acreage is required elsewhere.

Shall not include children's play equipment, basketball courts or illuminated recreation facilities within a required front yard or within 40 feet of a residential lot line.

Shall be served by both public sewer and public water services.

Site plan review required when applicable. See § 275-178.

Shall not include a dormitory unless specifically permitted in the district.

All storage units shall be fireproof and waterproof.

Outdoor storage shall be limited to recreational vehicles, boats and trailers. All such items stored out-of-doors must be licensed and inspected if applicable.

Trash, radioactive or highly toxic substances, garbage, refuse, explosives or flammable materials, hazardous substances, animal carcasses or skins or similar items shall not be stored.

Nothing shall be stored in interior traffic aisles, required off-street parking areas, loading areas or accessways.

Major repairs of boats, vehicles, trailers, lawn mowers or any similar equipment shall not be permitted.

Adequate lighting shall be provided for security, but it shall be directed away or shielded from any adjacent residential uses.

All outdoor storage areas located within 200 feet of the existing right-of-way of an expressway, arterial or connector street shall be separated from that street by a buffer yard with screening under § 275-171.

No building shall be longer than 200 feet. All buildings shall be separated from each other by a minimum distance of 20 feet.

There shall be a minimum ten-acre lot size.

The building(s) where slaughtering takes place shall not be located closer than 300 feet from all property lines except the dwelling of the owner or lessee, and no closer than 500 feet from an existing dwelling or the boundary of an residential district.

The slaughterhouse shall comply with all applicable state and federal regulations.

See definition in Article II.

All solid waste storage, disposal and incineration shall be at least 300 feet from any public street or exterior lot line.

All areas to be used for the storage, disposal or incineration of solid waste shall be a minimum of 500 feet from any residential district or publicly owned park or any existing dwelling that the applicant does not have an option to buy or the banks of any nonintermittent creek or river.

The site shall contain a minimum of two access roads, each with a minimum cartway width of 30 feet.

Any burning or incineration shall be carried out in a completely enclosed incinerator approved by the DEP. Any material to be incinerated that is to be stored for more than three hours shall be stored in an enclosed structure.

The site shall be selected and designed by a registered professional engineer with proven experience in solid waste disposal planning and operation. The operation and day-to-day maintenance of the solid waste disposal area shall comply with all applicable state and federal regulations as a condition of the continuance of any permit of the Township. Violations of applicable state or federal regulations shall also be considered to be violations of this chapter.

Open dumps and open burning of refuse are prohibited.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the existing street network can handle the additional truck traffic, especially without bringing trash hauling trucks through or alongside existing residential or residentially zoned areas.

In cooperation with PADEP requirements, an appropriate double liner and a system to collect and treat leachate and methane is very strongly encouraged for any sanitary landfill.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the use would not be a hazard to groundwater quality, create noxious smells off of the tract or violate the performance standards of Article XVI.

A chain link or other approved fence with a minimum height of eight feet shall surround active solid waste disposal areas to prevent the scattering of litter and to keep out children, unless the applicant proves to the satisfaction of the Zoning Hearing Board that this is unnecessary. Earthen berms or evergreen screening shall be used to prevent the landfill operations from being visible from an expressway or arterial streets or dwellings.

A minimum total lot size of 20 acres (which may include land in an adjoining municipality) is required for any solid waste facility other than a resource recovery facility or a solid waste transfer facility, except for a resource recovery facility or solid waste transfer facility, a minimum lot area of six acres shall be required for the first 300 tons per day of capacity to treat or dispose of waste, plus one acre for each additional 100 tons per day of capacity, with a maximum total of 1,500 tons of capacity per day.

Health hazards. Any facility shall be operated in such a manner to prevent the attraction, harborage or breeding of insects, rodents or vectors.

Attendant. An attendant shall be present during all periods of operation or dumping.

Gates. Secure gates, fences, earth mounds and/or dense vegetation shall prevent unauthorized access.

Emergency access. The operator of the use shall cooperate fully with local emergency services. This should include allowing practice exercises on the site and the provision of all information needed by the emergency services to determine potential hazards. Adequate means of emergency access shall be provided.

Hours of operation. Under the authority granted to the Township under State Act 101 of 1988,[4] the use shall limit the hours of operation to between 7:00 a.m. and 9:00 p.m.

Tires. See "outdoor storage" in § 275-190.

Litter. The operator shall regularly police the area of the facility and surrounding streets to collect litter that may escape from the facility or trucks.

Dangerous materials. No radioactive, hazardous, chemotherapeutic or infectious materials may be stored, processed, disposed or incinerated. "Infectious materials" are defined as medical wastes used or created in the treatment of persons or animals with seriously contagious diseases.

Staging. No total area(s) larger than 40 acres shall be used as a disposal area for a sanitary landfill in any calendar year.

The applicant shall provide sufficient information for the Township to determine that the requirements of this chapter will be met. See § 275-139, Review to determine compliance with performance standards.

State requirements. Nothing in this chapter is intended to supersede any state requirements. It is the intent of this chapter that when similar issues are regulated on both the Township and state levels, that the stricter requirement shall apply for each aspect, unless it is determined that an individual state regulation preempts Township regulation in a particular aspect.

The operator shall enter into an agreement with the Township specifying the types and frequencies of environmental monitoring that will be put into place while the use is underway and for a minimum of four years after any underground use area is closed.

A leachate treatment system or a recycling collection or processing center may be accessory uses.

Minimum lot area: four acres.

Any horse barn, corral, fenced-in area or stable shall be a minimum of 100 feet from any lot line and 200 feet from any existing dwelling that is exterior to the lot with the horses on it.

See Chapter 235, Swimming Pools.

The water surface shall be set back at least 60 feet from any existing dwelling.

A two-acre minimum lot area is required.

Any water surface within 100 feet of an existing dwelling shall be separated from the dwelling by evergreen screening meeting the requirements of § 275-171.

All outdoor target ranges shall have a barrier behind the target area, which is of sufficient height and thickness to adequately protect the public safety. This barrier shall be made of earth for a firearms range.

A firearms rifle range shall comply with National Rifle Association standards and other applicable federal, state and local regulations.

A firearms rifle range shall be located a minimum of 300 feet from the lot line of any existing residential use or LDR, MDR or MHDR District.

The use shall fully comply with the noise standards of § 275-132.

The use shall clearly not cause a hazard to life or property.

The use shall be completely fenced in and be properly posted.

The applicant shall provide a written description of all types of residents the use is intended to include over the life of the permit. Any future additions or modifications to this list shall require approval of the Zoning Hearing Board as a special exception.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that such use will involve adequate supervision and security measures to protect public safety.

The Zoning Hearing Board may place conditions on the use as necessary to protect the public safety including conditions on the types of residents and security measures.

Minimum lot area: four acres.

The applicant shall prove to the satisfaction of the Zoning Hearing Board that the major routes of trucks to the terminal will not significantly negatively impact predominately residential area.

All truck parking, outdoor storage or loading or unloading areas shall be separated by a sixty-foot wide buffer yard within the provisions of § 275-171 from public streets and any abutting dwelling.

Any access roads, loading area or truck storage area shall be a minimum of 300 feet from a dwelling.

The use shall be located within 3,000 feet of an interchange of an expressway.

All truck parking, outdoor storage or loading/unloading areas shall be set back a minimum of 300 feet from any existing dwelling.

See off-street loading requirements in Article XVII.

Truck or rail access and operations shall not conflict with the convenience and safety of auto traffic and parking.

No storage of trash, garbage, refuse, highly explosive or flammable materials, hazardous or highly toxic substances, animals, animal carcasses or similar items shall be permitted.

Uses that would involve the serving of the use by an average of more than 300 tractor-trailers per weekday shall be required to meet the additional standards in this section for a trucking company terminal.

See requirements in § 275-190D(16) for outdoor storage or display.

See definition in Article II.

The use shall include adequate supervision by persons trained in the field of sleep medicine.

This use may include the overnight stay of not more than 10 patients exclusively for sleep studies.

The use is controlled by or under common control with a state-licensed hospital. For purposes of this § 275-189, "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of an entity, whether through the ability to exercise voting power, by contract, or otherwise.

The property and building where the use is located shall at all times be subject to the payment of municipal real estate taxes.

See definition in Article II.

Minimum lot area: 10 acres.

Minimum lot width: 200 feet.

Maximum building height: 45 feet.

Maximum lot coverage: 35%.

Minimum front yard setback: 200 feet.

Minimum side yard setback: 200 feet.

Minimum rear yard setback: 200 feet.

Setback from sensitive existing land uses: A one-thousand-five-hundred-foot minimum setback, measured from any proposed-use site property line, from an existing sensitive-use property line (and for the purpose of this section "existing sensitive land uses" shall mean any school, licensed day care, place of worship, residential dwelling, and/or any other existing sensitive land use as may be determined by the Board of Commissioners) shall be maintained.

Utilities: Both public sanitary sewerage and public water service shall be utilized.

Service roads, access drives, driveways, security perimeter roadways, off-street parking areas, walkways, sidewalks: All shall be paved using steel reinforced concrete or flexible asphalt concrete.

Buffer yard: A minimum fifty-foot wide perimeter buffer yard shall be provided and landscaped as required by the Board of Commissioners as part of the conditional use approval.

Lighting: the requirements of § 275-135 shall be maintained unless otherwise approved by the Board of Commissioners as part of the conditional use approval.

Minimum required off-street parking: One space per 1,000 square feet of gross floor area for administrative office and service areas, and one space for every 16 inmate beds. (Additional off-street parking requirements may be applied as part of the conditional use approval, based upon the specific needs of the proposed prison operation. All off-street parking computations shall be reviewed by the Township Engineer subject to the approval of the Board of Commissioners.)

The applicant shall prove to the satisfaction of the Board of Commissioners that the proposed use will not significantly negatively impact any adjacently bordering residential use.

The applicant shall prove to the satisfaction of the Board of Commissioners that the proposed use will involve adequate supervision and security measures to protect public health and safety. Among other things, documentation of county. state and/or federal approval for the proposed use shall be submitted.

Emergency action plan: Such plan shall be submitted for review and approval by the appropriate Township Officials prior to any Conditional Use approval by the Board of Commissioners.

Prior to any approval, at the cost and expense of the applicant pursuant to the Pennsylvania Municipalities Planning Code, as amended: the Board of Commissioners shall secure an expert review of the proposed use as it relates to the conditions found in this section and any other relevant Zoning Ordinance requirements concerning the proposed prison use.

Parking requirements will follow the parking regulations found in §§ 275-142, 275-143 and 275-144 of the Township of Bethlehem Zoning Ordinance. Off-street parking regulations shall utilize those listed for colleges, universities, technical or fine arts schools, and post-secondary schools as appropriate.

An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The portions of the academic clinical research center where the medical marijuana is grown or processed shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

All external lighting serving an academic clinical research center must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.

A buffer planting is required where an academic clinical research center adjoins a residential use or district, pursuant to § 275-171D of the Township of Bethlehem Zoning Ordinance.

Any and all other provisions contained in the Act[5] affecting the construction, use and operation of an academic clinical research center.

The academic clinical research center shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized.

A grower processor facility which grows medical marijuana must be owned or leased and operated by a grower/processor legally registered with the commonwealth and possess a current and valid medical marijuana permit from DOH pursuant to the Act.[6]

A grower/processor facility which grows medical marijuana can only do so in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

The maximum floor area of grower/processor facility shall be limited to 20,000 square feet, of which sufficient space must be set aside for secure storage of marijuana seeds, related finished product, and marijuana-related materials used in production or for required laboratory testing.

There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any grower/processor facility where medical marijuana growing, processing or testing occurs.

Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH policy or policies and shall not be placed within any unsecure exterior refuse containers.

The grower/processor facility shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is specifically prohibited at grower/processor facility.

The grower/processor facility may not be located within 1,000 feet of the property line of a public, private, or parochial school or day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.

All external lighting serving a grower/processor facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

Parking requirements will follow the parking regulations found in §§ 275-142, 275-143 and 275-144 of the Township of Bethlehem Zoning Ordinance.

A buffer planting is required where grower/processor facility adjoins a residential use or district in accordance with § 275-171D of the Township of Bethlehem Zoning Ordinance.

Entrances and driveways to a grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility.

The grower/processor facility shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Township of Bethlehem Ordinances.

Any and all other provisions contained in the Act[7] affecting the construction, use and operation of a grower/processor facility.

Any medical marijuana facility lawfully operating pursuant to the Act[8] shall not be considered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.

A traffic impact study is required where the office is to be located and operated.

Parking requirements will follow the parking schedule found in §§ 275-142 and 275-143 of the Township of Bethlehem Zoning Ordinance.

All external lighting serving a medical marijuana delivery vehicle office must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

A buffer planting is required where medical marijuana delivery vehicle office adjoins a residential use or district pursuant to § 275-171D of the Township of Bethlehem Zoning Ordinance.

Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

The medical marijuana delivery vehicle office shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the Township of Bethlehem Ordinances.

If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle office, the office must be secured to the same level as a grower/producer facility and dispensary facility.

Any and all other provisions contained in the Act[9] affecting the construction, use and operation of a medical marijuana delivery vehicle office.

A dispensary facility must be owned or leased and operated by a legally registered dispensary in the commonwealth and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.[10]

A dispensary facility may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

A dispensary facility may not operate on the same site that a grower/processor facility is located.

A dispensary facility shall have a single, secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana, all of which shall be in accordance with the Act.[11]

Permitted hours of operation of a dispensary facility shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).

A dispensary facility shall be a maximum of 5,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of medical marijuana, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area of the dispensary facility.

A dispensary facility shall:

A dispensary facility may dispense only medical marijuana to certified patients and caregivers as set forth in the Act[12] and shall comply with all lawful, applicable health regulations, including those of DOH.

A dispensary facility may not be located within 1,000 feet of a property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complimenting or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor facility or academic clinical research centers and the specific dispensary facility they serve, or with which they partner.

Any medical marijuana facility lawfully operating pursuant to the Act[13] shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.

All external lighting serving dispensary facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

Parking requirements will follow the parking schedule found in §§ 275-142, 275-143 and 275-144 of the Township of Bethlehem Zoning Ordinance. Off-street parking regulations shall utilize those listed for medical and dental offices including outpatient clinics.

A buffer planting is required where a dispensary facility adjoins a residential use or district pursuant to § 275-171D of the Township of Bethlehem Zoning Ordinance.

Entrances and driveways to a dispensary facility must be designed to accommodate the anticipated vehicles used to service the facility.

The dispensary facility shall require a site plan review and approval if it is utilizing an existing facility and a land development review and approval if a new facility is being built and utilized pursuant to the Township of Bethlehem Ordinances.

Any and all other provisions contained in the Act[14] affecting the construction, use and operation of a dispensary facility.

Exterior trash/recycling receptacles shall be provided and routinely emptied to prevent the scattering of litter.

Any automated teller machines accessory to the use shall be located within the interior of the building.

All exterior seating areas shall be protected by bollards or traffic-rated protective features.

A convenience store which includes the accessory use of fuel, lubricants, and/or automobile accessories sales shall comply with the requirements of auto service station in § 275-189A(10), in addition to the standards listed herein.

A convenience store which includes the accessory use of fuel, lubricants, and/or automobile accessories sales shall meet the off-street parking requirements for both a convenience store and auto service station use in § 275-142.

Indoor seating is permitted only if the seating area is clearly accessory to the convenience store and the seating area is not used as a restaurant.

Minimum lot area: 17 acres.

Minimum lot width: 300 feet along all lot frontages with any public street.

Emergency backup power and cooling systems shall be integrated into the facility design.

A security fence shall be installed and maintained at a minimum of 30 feet from all adjacent residential lot lines, and a minimum of 15 feet from lot lines adjacent to nonresidential properties. The fence shall be constructed of commercial-grade, anti-climb chain link, ornamental steel, or similar material designed to provide security. The fence shall include features such as vertical pickets or mesh with openings no larger than two inches and may include additional security enhancements, such as angled tops or tamper-resistant fasteners. Barbed wire is specifically prohibited.

All rooftop equipment that produces sound shall be fully screened from view and such screening shall be placed to shield the direction of emitted sound.

All ground-mounted data center equipment that produces sound shall not be placed or operated on any side of a building that directly abuts a residential lot line or residential district.

Data center equipment shall not be located between the principal structure(s) and the street upon which the parcel fronts.

The use shall be setback a minimum of 500 feet from any lot line that directly abuts any residential use or residential district, public or private primary or secondary school, nursery school/day-care facility, playground, cultural/community center, personal-care center, life-care center or wildlife sanctuary.

Any proposal including a data center use or introduction of additional data center equipment shall provide a preliminary sound study and an as-built sound study which examine all exterior utility functions of the building that produce sound. The sound studies shall identify compliance with § 275-132.

The use shall be provided with a water recirculation system that is sufficient to meet the water supply needs to the maximum extent possible. Whenever water is utilized for cooling purposes, a closed-loop system that requires only periodic refilling must be provided.

Secondary outside air-cooling systems are required for utilization from October 1 through March 31 to reduce or eliminate water usage during those times.

The use shall be designed to meet applicable local water utility and power supply requirements, and where appropriate, incorporate sustainability measures such as renewable energy sources, efficient cooling systems, and backup power provisions. Documentation from the applicable local water utility and power supply authority indicating adequate capacity for the use is available shall be provided as part of the conditional use process. An assessment identifying any detrimental impacts on electric or water utility rates or availability for other uses directly attributable to the data center shall be provided as part of the conditional use process. Use of nonpublic sources of water such as wells, groundwaters, and surface waters is strictly prohibited."

The applicant shall provide proof of review and approval from the Delaware River Basin Commission for projects proposing:

The use shall be designed with shielding to protect against electromagnetic interference.

As part of an application for conditional use for a proposed data center, the applicant shall submit an environmental impact study which shall be performed by an environmental engineer. The environmental impact study shall identify environmental impacts that are likely to be generated (e.g., odor, noise, smoke, dust, litter, glare, heat, vibration, electrical disturbance, etc.) and specific measures employed to mitigate or eliminate any negative impacts. Measures to mitigate or eliminate negative environmental impacts are required to be utilized as part of the use.

Emergency management. The applicant shall submit an emergency response plan prepared by a qualified professional as part of the conditional use process and shall include the following:

A buffer yard complying with the requirements of § 275-171D shall be provided. The minimum required width of the buffer yard shall be 100 feet whenever the use is abutting a residential district or existing residential use.

Coin-operated telephones.

Coin-operated beverage and snack machines.

Coin-operated newspaper sales machines.

The following accessory uses, provided that the use is clearly limited to employees, patients, residents and families of employees of the use:

All requirements listed under conversions to residential use under § 275-189 apply.

One of the dwelling units shall be owner-occupied for a minimum period of 12 months following the conversion.

The dwelling as it preexists shall have a total minimum square footage of 1,500 square feet and the principal dwelling unit shall retain a minimum square footage of 900 square feet.

All required parking spaces shall be located outside of the required front yard.

No more than a total of two dwelling units shall be allowed.

Any off-street parking of four or more spaces shall have evergreen screening meeting the requirements of § 275-171D between the parking spaces and any abutting dwelling.

Height. No amateur radio antenna, including its supporting structure, shall have a total height above the average surrounding ground level of greater than 50 feet in a residential district or 80 feet in any other district.

Anchoring. Any amateur radio antenna shall be properly anchored to resist high winds.

No more than four rental units shall be provided and no more than four persons may occupy one rental unit.

One off-street parking space shall be provided for each rental unit. The off-street parking spaces shall be located either to the rear of the main dwelling or screened from the street and abutting dwellings by evergreen screening.

At least one bathroom shall be provided for every three guest units.

There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single sign no larger than two square feet in size with a maximum height of eight feet.

The use shall have a residential appearance and character.

The use shall be carried on by members of a family, who must reside on the primary premises.

There shall be no separate cooking facilities in any guest room. Food shall only be served to guests who are staying overnight.

The maximum, uninterrupted length of stay at a bed-and-breakfast shall be 14 days.

The use of any amenities provided by the bed-and-breakfast, such as a swimming pool or tennis court, shall be restricted in use to the guests and permanent residents of the establishment, unless the requirements for such a commercial use are also met.

Any on-lot septic system shall be recertified as being adequate, in accordance with state regulations.

The deck or patio shall meet the setback criteria for an accessory structure in the district.

The deck shall not be constructed with a strip footing, unless it meets the setback criteria for a principal structure.

There shall be no overhead structure, unless it meets the setback criteria for a principal structure.

There shall be no sides, except for a deck rail which does not exceed the minimum height criteria of the building code, unless it meets the setback criteria for a principal structure. The above criteria does not apply to the side or rear of the structure to which the deck or patio abuts.

The height of the deck above average grade shall be no greater than four feet, unless it meets the setback criteria for a principal structure.

Essential services are permitted by right as principal or accessory uses in all districts.

Only uses specifically listed in this subsection shall be considered to be "essential services."

The following essential services are not required to meet the accessory or principal setback, lot area or other lot requirements of this chapter, except that any newly created lot shall meet the applicable lot requirements if future building or subdivision of the lot would be possible.

The following are permitted essential services and are required (except within § 275-6) to meet all of the applicable requirements of this chapter:

Screening of substations. Electric substations shall be required to provide evergreen screening within the requirements of § 275-171 on sides that are within 150 feet of a dwelling, undeveloped residentially zoned land or an expressway, arterial or connector street. This screening shall only be required if the electric substation would have facilities of greater than 10 feet in height that are not completely enclosed within a building.

In general.

Fences.

Walls.

See definition in Article II. A garage sale shall not include wholesale sales.

No garage sales shall be held on a lot during more than four days total in any 12 consecutive months.

Shall be clearly accessory to the principal use.

The use may only be conducted in the Neighborhood Enhancement Overlay District in accordance with Article XXVI.

The home occupation shall not be conducted on the premises outside of a building.

The home occupation may be conducted in the principal residential building, provided that the area used for a home occupation shall not exceed 45% of the total floor area of the principal dwelling unit.

There shall be no outside storage of materials, products or equipment.

There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign no larger than four square feet in size constructed and placed in accordance with Article XVIII.

Parking of trucks. The regulations of § 275-143 shall apply. Temporary parking on the lot or on the street of delivery trucks with six or more wheels or servicing by such trucks shall be limited to no more than one such truck for no more than a total of one hour per day and a maximum of five times per week. The parking of up to two trucks of employees each with only four wheels on the ground and with or without routine signs attached to the trucks shall be specifically permitted.

Uses permitted as a home occupation include but are not limited to: art studio, barber shop, beauty shop, professional office and instruction or tutoring of not more than four pupils simultaneously.

The following uses shall not be permitted as a home occupation: animal hospital, stable, kennel, funeral home, retail store, restaurant or trucking company terminal.[1]

No machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the property.

The Zoning Hearing Board may require such conditions as they deem reasonable and necessary to limit potential adverse effects of a particular use.

Parking and loading. Adequate space for off-street parking and loading shall be provided in accordance with Article XVII of this chapter. Such areas shall be located to the rear of the lot, if possible.

Building appearance. There shall be no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of a home occupation, except for the permitted sign.

No use shall be permitted that would generate vehicular traffic or noise in excess of what is common and expected in a residential neighborhood.

Number of employees. A total maximum of two persons working on the lot who are not permanent residents of the dwelling.

Hours. No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m.

Chemicals. The use shall not involve the storage or use of hazardous or explosive materials or chemicals.

The home occupation shall not be conducted on the premises outside of a building.

The home occupation may be conducted in the principal residential building, provided that the area used for a home occupation shall not exceed 25% of the total floor area of the principal dwelling unit.

There shall be no outside storage of materials, products or equipment.

There shall be no use of show windows or any type of display or advertising visible from outside the premises, except for a single nonilluminated sign no larger than four square feet in size constructed and placed in accordance with Article XVIII.

Parking of trucks. The regulations of § 275-143 shall apply. Temporary parking on the lot or on the street of trucks with six or more wheels or servicing by such trucks shall be limited to no more than one such truck for no more than a total of one hour per day and a maximum of five times per week. The parking of up to two trucks each with only four wheels on the ground and with or without routine signs attached to the trucks shall be specifically permitted.

No servicing by tractor-trailer trucks shall be permitted.

Uses permitted as a home occupation include but are not limited to: art studio, barber shop, beauty shop, professional office and instruction or tutoring of not more than four pupils simultaneously.

The following uses shall not be permitted as a home occupation: animal hospital, stable, kennel, funeral home, retail store, restaurant or trucking company terminal.[2]

No machinery or equipment shall be permitted that produces noise, odor, vibration, light or electrical interference beyond the boundary of the property.

The Zoning Hearing Board may require such conditions as they deem reasonable and necessary to limit potential adverse effects of a particular use.

Parking and loading. Adequate space for off-street parking and loading shall be provided in accordance with Article XVII of this chapter. Such areas shall be located to the rear of the lot, if possible.

Building appearance. There shall be no change in the existing outside appearance of the building or premises or other visible evidence of the conduct of a home occupation, except for the permitted sign.

See conditions required by the definition of "home occupation, minor" in this chapter.

No use shall be permitted that would generate vehicular traffic or noise in excess of what is common and expected in a residential neighborhood.

Number of employees. A total maximum of one person working on the lot who is not a permanent resident of the dwelling.

Hours. No home occupation shall be conducted between the hours of 9:00 p.m. and 7:00 a.m.

Chemicals. The use shall not involve the storage or use of hazardous or explosive materials or chemicals.

Shall meet the definition of Article II for a "no-impact home-based business."

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business use, including, but not limited to, parking, signs or lights.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling and may not occupy more than 25% of the habitable floor area.

The business shall not involve any illegal activity.

This is a permitted-by-right accessory use in all districts unless otherwise stated.

No use shall involve the keeping of animals or fowl in such a manner that it creates a serious nuisance (including noise or smell) or a health hazard or a safety hazard.

In the RR, LDR, MDR or MHDR Districts, no more than three dogs and no more than four cats may be kept, unless the nearest dwelling other than that of the owner is at least 300 feet from any area in which the animals are regularly kept. No numerical restriction shall apply to cats and dogs of less than six months age.

In any zoning district it is permitted to maintain pigeons and fowl up to a total of 12, provided it is in the rear yard, it is on a noncommercial basis and is strictly as an incidental use, the area in which the fowl or pigeons are kept is enclosed by a fence that will contain them, all parts of which are at least 50 feet from any lot line and is not closer than 100 feet to the nearest dwelling other than that of the owner.

In any zoning district it is permitted to maintain up to two saddle horses on a lot of two acres or more, provided no exercise area, horse barn, corral, fenced-in area or stable is less than 100 feet from any lot line and is not closer than 200 feet to the nearest existing dwelling that is exterior to the lot with the horses on it.

Keeping of more than the specified number of cats or dogs shall be considered a kennel.

Keeping of more than the specified number of pigeons or fowl shall be considered animal husbandry.

Keeping of more than the specified number of horses shall be considered a stable.

Shall be limited to the composting of biodegradable vegetative material, including grass clippings, trees, shrubs and leaves.

Shall be conducted in such a way that a fire, rodent or vector hazard is not created.

Composting areas of greater than one acre shall be set back 100 feet from all lot lines.

Care of a maximum of six children may occur in a single-family detached dwelling, or up to two children in any other dwelling unit. This restriction shall apply only to children not related to the operator by blood, marriage, adoption or foster relationship.

Uses involving the care of three or more children not related to the operator shall occur only in a dwelling with a minimum of 1,000 square feet of available usable outdoor open space or that is within 500 feet of a public park.

The dwelling shall retain a residential appearance with no change to the exterior of the dwelling to accommodate the use.

Any day-care center or nursery school involving more than six children shall be considered a principal use and meet the standards of § 275-189A(50), Nursery school/day-care center, if allowed.

Location. Shall not occupy any part of the existing or future street right-of-way, area intended or designed for pedestrian use, required parking area, or part of the required paved area of parking area setback (see § 275-144B).

No outside industrial storage shall be located on land with an average slope in excess of 15%.

Screening. See § 275-171D, Buffer yards.

Tires.

No outside commercial or industrial storage or display shall be permitted in a required front yard in the PC, LI(P), LI or OB Districts, except seasonal sale of Christmas trees.

It shall not be stored within the required front yard, except for a total of 24 hours in any seven-day period.

It shall be set back a minimum of five feet from the lot line of any lot that includes an existing residential use.

Any recreational vehicle that is required to be registered or licensed under state law to be operated and is not registered or licensed shall be kept out of view from any public street or existing dwelling (other than that of the owner).

One recreational vehicle may be inhabited as a temporary accessory residence to a single-family detached dwelling for a period of seven days once in a calendar year.

Building (includes a private vehicle garage, storage shed, greenhouse or gazebo).

Basketball backboard.

The following are permitted accessory uses to any dwelling within the requirements of this § 275-190:

The use shall be an accessory use incidental to a crop farming or animal husbandry use.

Only horticultural and/or agricultural products shall be sold. A minimum of 50% of such products shall be produced by the operator of the retail sales use or his/her immediate family.

Parking shall be provided in compliance with the provisions of Article XVII.

All buildings erected for this use that are not clearly permanent in nature shall be disassembled during seasons when products are not offered for sale.

Signs. See § 275-156.

No stand shall be located closer than 20 feet from any lot line.

A maximum of 2,000 square feet of building floor area may be used for such use.

The use may occur as an accessory use with an existing dwelling or barn.

Intent. To provide for reception of satellite communications, while assuring that such uses will not detract from the character of any area or adversely affect property values.

Satellite antenna shall be a permitted-by-right accessory use in all districts for all uses subject to the restrictions of this section. This section shall not regulate satellite antenna with a total dish diameter of less than three feet.

Location and number.

Size and height.

Screening. Any satellite antenna that is over three feet in diameter and is ground-mounted, is within a residential district and is within 100 feet of an existing abutting dwelling or within a required front yard shall be screened by appropriate evergreen plantings on approximately 180° of the 360° horizontally surrounding the satellite antenna. Such evergreens shall be three feet high at the time of planting. The antenna shall be screened from view from a public road, if reasonable. In place of evergreen screening, a decorative solid wood fence may be used, with a height of between five and six feet.

Large lot exemption. If a satellite antenna is to be located a minimum of 200 feet from all exterior lot line, the requirements of this section shall not be binding, other than the height requirements.

Septage and sludge shall only be applied to land within the provisions of this section, as a special exception use in the AG District. These regulations shall not apply to the disposal of sludge or septage within a sanitary landfill with a valid state permit.

Setback. No septage or sludge shall be applied within 250 feet of an existing dwelling other than that of the applicant or within 250 feet of a well or within 250 feet of an existing office or restaurant use or within 250 feet of a nonintermittent creek or river.

Submission requirements. An application for a special exception use for septage or sludge application shall include the following:

Use requirements for application of septage or sludge.

Insects. The use shall not be conducted in such a way that flying insects are attracted or other disease-threatening conditions are created.

A tennis court shall not be located in the front of a dwelling and shall not be located within any required accessory yard areas.

No lighting shall shine directly beyond a boundary of the lot where the tennis court is located.

A tennis court shall not be located over a drainage field of a sewage disposal system.

All windmills that could be climbed upon by children shall be surrounded by a fence at least five feet in height which is located at least five feet from the base of such windmill.

No windmill shall be permitted the design of which permits any vane, sail, or rotor blade to pass within 10 feet of the ground.

All electrical wiring leading from a windmill shall be located underground.

Audible electronic devices such as loudspeakers, intercoms, automobile service order devices, and similar instruments shall not be located within 50 feet of any residential lot line.

All areas associated with the drive-through, including but not limited to menu boards, stacking lanes, trash receptacles, loudspeakers, drive up windows, and other objects, shall be located in the side or rear yard only.

Unless otherwise provided in this chapter, drive-through services shall only be permitted by special exception.

A bypass lane shall be provided around the drive-through service lane to allow vehicles to circulate without obstruction. The bypass lane shall be a minimum of 12 feet in width.

Stacking lanes shall be provided for any use having a drive-through service and shall comply with the following standards:

Electric vehicle charging equipment primarily intended for private use by a single-family dwelling or a single townhouse dwelling unit shall be exempt from the requirements of this section.

Electric vehicle charging station parking spaces shall be clearly marked for the intended use. The parking spaces from which the charging station may be accessed shall not be restricted to vehicle charging only parking.

Electric vehicle charging station parking spaces shall meet design standards for parking spaces in accordance with § 275-144.

When only one electric vehicle charging station is provided, it shall be accessible in accordance with ADA parking standards. When more than one electric vehicle charging station is provided, at least one electric vehicle charging station shall be ADA accessible.

Electric vehicle charging stations shall not be located in areas prone to standing water and/or flooding.

The following information shall be provided and clearly posted at all electric vehicle charging stations to allow for maintenance and notification: contact information for when equipment is not operating, not accessible, or other problem; voltage and amperage levels; hours of operation if time limits or towaway provisions are to be enforced by the property owner; usage fees; safety information; geographical location, date of installation, equipment type and model.

Any cords connecting the electric vehicle charging station to an electric vehicle shall be configured so that they do not cross a driveway, drive aisle, sidewalk or ADA accessible route.

Electric vehicle charging stations shall have charging equipment compatible with all electric vehicle models. Where electric vehicle charging stations are provided as an accessory use to any nonresidential principal use, electric vehicle charging stations shall provide Level 2 or Level 3 chargers or a combination of both.

If electric vehicle charging is offered during nighttime hours the electric vehicle charging station shall be illuminated. Illumination shall comply with § 275-135.

Electric vehicle charging stations shall be protected by bollards or traffic-rated protective features.