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Bethlehem Township City Zoning Code

ARTICLE XXVI

Neighborhood Enhancement Overlay District

§ 275-221 Purpose.

The purpose of this district is to:
A. 
Maintain, conserve, and enhance existing neighborhood character with smaller residential and commercial lots and uses.
B. 
Promote low-impact infill development, low-intensity redevelopment, and the adaptive reuse of existing buildings, especially on corner lots.
C. 
Beautify and enhance streetscape conditions including sidewalks, streets, and streetlights.
D. 
Maintain and improve bus service as a means of public transportation and add bus shelters.
E. 
Promote walkability to parks, cafes, small stores, small restaurants, small offices, and small specialty shops and services.
F. 
Promote no-impact home-based businesses to lower traffic congestion problems.
G. 
Maintain and improve safe access along roads and streets.

§ 275-222 Applicability.

The Overlay District shall be as shown on the Smart Growth Zoning District and Overlay Districts map in Article XXV, except that the depth of the Overlay District shall be limited to the depth of the properties shown on the map, or 500 feet as measured from the center line of the abutting arterial road, whichever is less.

§ 275-223 Use regulations.

A. 
Permitted-by-right uses.
(1) 
All uses permitted by right in the underlying zoning districts.
(2) 
On a corner lot, subject to provisions of Subsection C and § 275-225J:
(a) 
All uses permitted by right in the underlying zoning districts.
(b) 
All uses permitted in § 275-64B, except for recycling collection center, public or private primary or secondary school, and golf course uses.
(c) 
Conversions of residential buildings and uses to lawful nonresidential buildings and uses, subject to § 275-225I.
(3) 
Home occupation, major, subject to Article XX.
(4) 
Bed-and-breakfast, subject to § 275-190D(3).
B. 
Accessory uses.
(1) 
Parking.
(2) 
Other uses customarily incidental to the permitted-by-right uses in Subsection A.
C. 
Conditional uses (subject to the provisions of §§ 275-20 and 275-226 and §§ 275-198 and 275-199 where applicable).
(1) 
Any permitted-by-right use in a building of 10,000 square feet or greater on the ground floor, subject to § 275-226A.
(2) 
One-story buildings, subject to § 275-226B.
D. 
Prohibited uses.
(1) 
Any uses prohibited in the underlying zoning district(s).

§ 275-224 Area, bulk, yard and height regulations.

A. 
Minimum lot area: 10% less than the underlying zoning district minimum, provided all of the required parking is built and maintained.
B. 
Number of uses: one use, unless the lot is a corner lot in which case it may have two uses, subject to § 275-225J.
C. 
Maximum building coverage: 5% above the underlying zoning district maximum.
D. 
Maximum impervious surface coverage: 10% above the underlying zoning district maximum.
E. 
Maximum building footprint: No individual building shall exceed 10,000 square feet on the ground floor, unless in compliance with § 275-226A.
F. 
Maximum building height: 3 1/2 stories or 35 feet, whichever is less.
G. 
Minimum principal building height: two stories or 24 feet, subject to the provisions of § 275-226.
H. 
Minimum yard areas: five feet less than underlying zoning districts.

§ 275-225 Development requirements.

A. 
The Neighborhood Enhancement Overlay District shall be consistent with the smart growth principles and key design elements adopted as part of the Comprehensive Plan Update 2004, and included in Article XXV.
B. 
The Neighborhood Enhancement Overlay District shall be built and maintained in accordance with the Streetscape Enhancement Overlay District, Article XXXII.
C. 
Building plan.
(1) 
A separate plan sheet shall be submitted to depict the proposed building program. Said plan shall indicate the proposed principal and accessory uses, the gross square footages of all uses, and the building heights. The building plan shall also indicate the total tract building coverage, existing and proposed, and the total tract impervious surface coverage, existing and proposed.
(2) 
The plan shall depict all proposed building development in accordance with Article XXXII, the Streetscape Enhancement Overlay District.
(3) 
New buildings shall be located close to sidewalks, and new parking shall be located to the side or rear of buildings and not in front of buildings.
D. 
Street, alley, service drive, and streetscape plan.
(1) 
A separate plan sheet shall be submitted to depict the proposed interconnected street, alley, and service drive network. Such plan shall indicate all widths of vehicular accessways.
(2) 
The plan shall meet the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3) 
Alleys and service drives shall be provided throughout the Neighborhood Enhancement Overlay District in order to avoid new midblock curb cuts, except that corner lots may be accessed by a side street curb cut if there is no alley to the rear of the lot.
(4) 
An alley shall be a minimum paved width of 12 feet for one-way alleys, and 16 feet for two-way alleys.
E. 
Pedestrian access plan.
(1) 
A separate plan sheet shall be submitted to depict the proposed interconnected network for pedestrian access including sidewalks and other pathways.
(2) 
The pedestrian access plan shall meet the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3) 
Sidewalks shall be provided on both sides of all streets.
F. 
Landscape and buffering plan.
(1) 
A separate plan sheet shall be submitted to depict all proposed landscaping and buffering.
(2) 
The plan shall be consistent with the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3) 
Street trees shall be planted on both sides of all streets.
(4) 
The provisions of § 275-171D shall apply.
G. 
Parking plan.
(1) 
A separate plan sheet shall be submitted to depict proposed surface parking. Such plan shall list the number of parking spaces proposed in relation to the proposed use(s).
(2) 
The plan shall be consistent with the requirements of Article XXXII, Streetscape Enhancement Overlay District.
(3) 
Parking shall be located to the side or rear of buildings.
(4) 
The provisions of Article XVII shall apply.
H. 
Residential and commercial uses in the neighborhood enhancement overlay district.
(1) 
Any residential use above first-floor/ground-floor retail shall have a separate means of ingress and egress, except for live-work units where the property owner or tenant occupies the entire building.
I. 
Conversions.
(1) 
Conversions of uses from existing residential use to lawful commercial uses except for adult bookstore, adult movie theater, and adult use, shall only take place in accordance with the provisions set forth in Subsections E, F, and G.
(2) 
Any such conversions shall not create any additional curb cut on an arterial street so as to minimize traffic congestion.
(3) 
When unifying adjacent properties, only one driveway/curb cut onto an arterial roadway may be retained and/or created for any proposed lot regardless of the number of existing driveways on said arterial roadway. Any existing driveway/curb cut onto the arterial roadway beyond the one permitted shall be abandoned.
J. 
Corner lot development or redevelopment.
(1) 
All lots that are not on corner lots on an arterial road shall be used in accordance with the underlying district regulations.
(2) 
All corner lots may be developed in accordance with the incentives set forth in this article.
(3) 
When unifying adjacent properties, only one driveway/curb cut onto an arterial roadway may be retained and/or created for any proposed lot regardless of the number of existing driveways on said arterial roadway. Any existing driveway/curb cut onto the arterial roadway beyond the one permitted shall be abandoned.

§ 275-226 Conditional use standards and criteria.

A. 
Buildings of 10,000 square feet or greater on the ground floor.
(1) 
The maximum building length shall be 100 feet.
(2) 
The length of the facade of any new building which exceeds 24 feet in length shall have vertical design elements such as pilasters, columns, piers, or recesses or projections of one to four feet, so that no new vertical bay or section of a building facade exceeds 24 continuous feet in length.
(3) 
Building windows and openings shall constitute no less than 30% of all frontage walls on the ground floor/first floor.
(4) 
No building shall have opaque windows on the ground floor/first floor of the primary facade.
(5) 
No residential building shall have a flat roof. If a nonresidential building has a flat root, it shall have a parapet wall screening all mechanical equipment.
(6) 
No single building shall exceed 10,000 square feet on the ground floor.
B. 
One-story buildings.
(1) 
Accessory buildings may be one story in height.
(2) 
No one-story building shall have a flat roof.