Bethlehem Township City Zoning Code
ARTICLE XXXIV
GU Gaming Uses Overlay District
§ 275-271 Purpose.
The purpose of this district is to:
A.
Provide areas for gaming uses which are subject to licensing by the Pennsylvania Gaming Control Board, the Pennsylvania State Horse Racing Commission and/or the Pennsylvania Harness Racing Commission as set forth in Act No. 71 of 2004, the Pennsylvania Race Horse Development and Gaming Act, 4 Pa.C. S.A. § 1101 et seq.
B.
Recognize the gaming uses are incompatible with certain other uses, in particular, with residential uses.
§ 275-272 Relationship to existing districts.
A.
Relationship to existing underlying zoning districts. The GU Gaming Uses Overlay District is a zoning district overlaying the existing GI General Industrial District and the existing LI Light Industrial District, both of which are located generally north of U.S. Route 22 and west of PA Route 191, as shown on the Bethlehem Township Zoning Map. The provisions of the underlying zoning districts shall remain in full force and effect, except that the GU Gaming Uses Overlay District provides alternative regulations within which an applicant may choose to develop. An applicant may choose to comply with either all of the permitted uses and regulations of this GU Gaming Uses Overlay District, or all of the permitted uses and regulations of the underlying zoning district, but may not select provisions from each. If an applicant chooses to develop under the GU Gaming Uses Overlay District regulations, such action shall not affect the need to comply with all other regulations of this article other than the underlying zoning district regulations.
B.
Relationship to existing overlay zoning districts. Certain areas of the GU Gaming Uses Overlay District are located within a Commercial Enhancement Overlay District subject to Article XXVII and within a Streetscape Enhancement Overlay District subject to Article XXXII. Where an applicant proposes development in an area of land subject to both the GU Gaming Uses Overlay District and the Commercial Enhancement Overlay District, such applicant may choose to comply with either all of the permitted uses and regulations of this GU Gaming Uses Overlay District or all of the permitted uses and regulations of the Commercial Enhancement Overlay District, but may not select provisions from each. If an applicant chooses to develop under the GU Gaming Uses Overlay District regulations, such action shall not affect the need to comply with all other regulations of this article other than the underlying zoning district regulations. The provisions of Article XXXII, Streetscape Enhancement Overlay District, shall be applicable to those portions of the GU Gaming Uses Overlay District which are situated in the Streetscape Enhancement Overlay District and, in the event of any conflict between a requirement of the GU Gaming Uses Overlay District and a requirement of the Streetscape Enhancement Overlay District, the requirement of the Streetscape Enhancement Overlay District shall apply.
§ 275-273 Permitted-by-right uses.
There are no permitted-by-right uses in the GU Gaming Uses Overlay District.
§ 275-274 Special exception uses.
There are no special exception uses in the GU Gaming Uses Overlay District.
§ 275-275 Conditional uses.
§ 275-276 Prohibited uses.
§ 275-277 Lot, building, and setback regulations.
The following regulations shall apply to all uses in the GU Gaming Uses Overlay District, unless a more restrictive requirement is stated elsewhere in this article, or for a particular use in Article XX, or elsewhere in this article:
B.
Minimum lot area: two acres.
C.
Minimum lot width: 200 feet, except 300 feet at the existing right-of-way line of an arterial, connector or collector street that the use will have a driveway entering onto.
D.
Minimum lot depth: 200 feet.
E.
Lot coverage: 40% maximum building coverage; 70% maximum total impervious coverage. A minimum of 30% of the lot area shall be covered with landscaping and an all-season ground cover.
G.
Minimum front yard setback: 40 feet from the existing right-of-way line.
H.
Minimum side yard setback: 20 feet.
J.
Maximum building height: maximum of 2 1/2 stories or 35 feet, whichever is more restrictive.
L.
Additional building setbacks. All buildings shall be set back a minimum of 50 feet from the existing right-of-way of an expressway, arterial, connector or collector street.
M.
FAR. The maximum ratio of the total floor area of all buildings on a lot divided by the lot area of that lot shall be 0.3.
N.
Utilities. Utility service lines that serve any use shall be underground.
§ 275-278 Community impact analysis.
In order to determine the impact of a proposed gaming facility or racetrack upon the Township, an analysis of the potential affects of the use upon public facilities, utilities, public schools, transportation systems, housing, police and emergency services, tourism, historical and cultural resources, and other municipal services and/or resources is required. A comparison of the projected costs to the Township and the Bethlehem Area School District versus the revenues to the Township and the Bethlehem Area School District produced by the use shall be included in the analysis. The analysis shall demonstrate compliance with the separation distance requirements of § 275-280. The analysis shall include studies prepared by appropriate qualified professionals as determined by the Township. The Township shall have the right to require the applicant to analyze impacts in addition to those specifically identified above and, pursuant to the conditional use process, to require the applicant to mitigate and/or offset adverse impacts as determined by the Township.
§ 275-279 Traffic access.
B.
Traffic improvements. Based upon a traffic study, the applicant may be required to fund or place sufficient funds in escrow for traffic improvements (such as a traffic signal) that will eventually be needed to serve the development. See § 275-20.
C.
Right-of-way dedications. Based upon a traffic study, an applicant may be required to dedicate sufficient land for needed widening of arterial, connector or collector streets. Also, an applicant may be required by the Board of Commissioners to dedicate sufficient land for needed realignments of intersections that abut the tract.
D.
Coordinated access. The development of the tract shall make the absolute maximum use possible of interior streets and/other access interior to the tract, as opposed to numerous driveways entering onto an arterial, connector, or collector street.
E.
Alternative street access.
(1)
This Subsection E is intended to be carried out as part of the Conditional Use approval process, in coordination with the PennDOT highway occupancy permit process, and after considering any comments provided by PennDOT, the Planning Commission and the Township Engineer, and after considering any traffic study submitted and the Comprehensive Plan, as amended, and any public input received at meetings.
(2)
The Board of Commissioners may require that traffic access occur from one street, and not another, or from both streets. The applicant shall prove that all proposed access points are the most logical and reasonable considering impacts upon abutting streets and in full consideration of impacts on nearby uses.
(3)
The Board of Commissioners may require that no new direct traffic access that would involve left-hand turns onto and off of an arterial, connector or collector street, except at an intersection where a traffic signal exists or has been funded in escrow, if reasonable access could be provided using another street deemed adequate by the Board of Commissioners.
(4)
The Board of Commissioners may require that deed restrictions, enforceable by the Township, be placed on each affected lot within the development to ensure that each future use fully complies with the overall approved system of vehicle access.
(5)
Certain additional access point(s) may be appropriately designed and approved to only serve emergency vehicles.
§ 275-280 Separation distance requirements.
No lot on which a gaming facility or racetrack is located shall be situated within:
A.
Five thousand two hundred eighty lineal feet of any lot containing an adult use, check-cashing business, or pawn shop.
B.
Two thousand six hundred forty lineal feet of any lot containing a public or private primary or secondary school, or place of worship.
C.
One thousand three hundred twenty lineal feet of the boundary line of any RR Rural Residential District, LDR Light Residential District, MDR Medium-Density Residential District, MHDR Medium-Density Residential District, or AG Agricultural District.
D.
Five hundred lineal feet of any lot containing a day-care center or nursery school, or library, or any public park, or any lot designated as a future public park on the Township Official Map.
§ 275-281 Required accessory uses.
A gaming facility or racetrack shall include at least one hotel and one standard restaurant within the principal building of such gaming facility or racetrack.
§ 275-282 Permitted supportive uses.
The following uses are permitted only as supportive uses for the development of a gaming facility or racetrack, and provided that the requirements for such specific uses in Article XX are met. It is the intention of this section that these uses not be allowed in the GU Gaming Uses Overlay District in the absence of the actual development of a tract for a gaming facility or racetrack. Such uses must be located on the same tract as a gaming facility or racetrack, but may be located on an approved subdivided lot separate from the lot on which the gaming facility or racetrack is located. No final land development approval for any such use shall be granted unless final land development approval has been granted for the gaming facility or racetrack; no final land development plan for any such use shall be recorded in the Office of the Recorder of Deeds of Northampton County, Pennsylvania until the final land development plan for the gaming facility or racetrack has been recorded; no building permit shall be issued for the construction of any such use unless a building permit has been issued for the construction of the gaming facility or racetrack; and no certificate of occupancy shall be issued for the occupancy of any such use until a certificate of occupancy has been issued for the occupancy of the gaming facility or racetrack.
§ 275-283 State licensing.
A copy of all applications for licenses from the Pennsylvania Gaming Control Board, the Pennsylvania State Horse Racing Commission and/or the Pennsylvania Harness Racing Commission, as applicable, shall be submitted with the application for preliminary subdivision and land development approval. Amendments to such applications shall be submitted to the Township at the same time as they are submitted to the applicable state licensing entity. A copy of all licenses issued by such entities shall be submitted to the Township prior to the recordation in the Office of the Recorder of Deeds of Northampton County, Pennsylvania of any approved subdivision and/or land development plan for a gaming facility or racetrack.
§ 275-284 Additional requirements.
A.
Off-street parking. Off-street parking for a gaming facility or racetrack shall be provided in accordance with the following requirements:
(1)
Twelve spaces per 1,000 square feet of gross floor area for the initial 40,000 square feet of gross floor area.
(2)
Six spaces per 1,000 square feet of gross floor area for the next 60,000 square feet of licensed gaming facility gross floor area.
(3)
Three spaces per 1,000 square feet of gross floor area for any gross floor area of over the first 100,000 square feet.
C.
Site plan review. See § 275-178, which requires a site plan review by the Planning Commission for every principal nonresidential use.
D.
Public water and public sewer. All uses shall be served with public water and public sewer service.
E.
Detailed architectural renderings. Detailed architectural renderings shall be submitted. A minimum of 75% of the building facades facing onto or toward any street shall consist of glass, brick or other decorative masonry. Vinyl siding shall not be a permitted building material.
F.
Access to expressway. A lot containing a gaming facility or racetrack shall be located within 1,320 lineal feet of the interchange of an expressway.
G.
Staged construction. If development is to occur in progressive stages, each stage shall be planned and occur so that the purposes and requirements of this article are fully complied with at the completion of each stage.