New Bethlehem City Zoning Code
ARTICLE IV
Supplementary Regulations
§ 500-25 Nonconforming uses.
The following provisions shall apply to all nonconforming uses and structures:
A.
Any nonconforming use may be continued but may not be extended or expanded or changed unless to a conforming use, except as permitted by the Zoning Hearing Board in accordance with the provisions of this chapter.
B.
Any nonconforming structure damaged by fire, flood, explosion or other casualty may be reconstructed and used as before if such reconstruction is performed within 12 months of such casualty, and if the restored structure covers no greater area and contains no greater cubic content than before such casualty.
C.
The nonconforming use of a building may be extended throughout those parts hereof which were manifestly arranged or designed for such use at the time of adoption of this chapter. A nonconforming building or structure may, with the approval of the Zoning Hearing Board, be extended or enlarged but must meet minimum yard requirements of the district in which the structure is located and must meet the off-street parking and loading requirements of this chapter.
D.
If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or more restricted classification.
E.
A structure that has been razed shall not be reconstructed for a use that does not conform with the provisions of this chapter unless in compliance with Subsection B.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Any structure or portion thereof declared unsafe by a proper authority may be restored to a safe condition.
G.
Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
H.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, this section shall also apply to any uses which thereby become nonconforming.
§ 500-26 Existing lots of record.
Any lot of record existing at the effective date of this chapter and held in separate ownership different from the ownership of adjoining lots may be used for the erection of a structure conforming to the use regulations of the district in which it is located, even though its dimensions are less than the minimum requirements of this chapter, except as set forth hereafter. Where two or more adjacent lots of record with less than the required area and width are held by one owner on or before the date of enactment of this chapter, the request for a permit shall be referred to the Zoning Hearing Board which may require replatting to fewer lots which would comply with the minimum requirements of this chapter.
§ 500-27 Application of yard regulations.
A.
Lots which abut on more than one street, not including alleys, shall provide the required front yards along every street.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
All structures, whether attached to the principal structure or not, and whether open or enclosed, including porches, carports, balconies or platforms above normal grade level, shall not project into any minimum front, side or rear yard.
C.
Except as hereinafter required, a wall or fence under six feet in height, or higher if a retaining wall, and paved terraces without walls, roofs or other enclosures, may be erected within the limits of any yard.
D.
Nonresidential buildings hereafter constructed or uses hereafter established shall not be located or conducted closer to any lot line in any of the residential districts than the distance specified in the following schedule:
Use | Minimum Side or Rear Yard (feet) |
|---|---|
Off-street parking spaces and access drives for nonresidential uses | 20 |
All other nonresidential uses or structures | 40 |
§ 500-28 Temporary structures.
Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period. Residing in basement or foundation structures before completion of the total structure shall not be permitted.
§ 500-29 Height limitation.
The following structures are exempt from height regulations: television and radio towers, church spires, belfries, cooling stacks, conveyors and flagpoles.
§ 500-30 Off-street loading and parking.
Off-street loading and parking spaces shall be provided in accordance with the specifications in this section in all districts whenever any new use is established or an existing use is enlarged.
A.
Off-street loading:
(1)
Every building which requires the receipt or distribution by vehicles of material or merchandise shall provide off-street loading berths in accordance with the table below:
Off-Street Loading Space Requirements | ||
|---|---|---|
Uses | Square Feet of Floor Area | Required Off-Street Loading Berths |
Schools | 15,000 or more | 1 |
Undertakers and funeral parlors | 5,000 | 1 |
For each additional 5,000 or major fraction thereof | 1 additional | |
Hotels and offices | 10,000 or more | 1 |
Commercial, wholesale, manufacturing and storage | ||
10,000 - 25,000 | 1 | |
25,000 - 40,000 | 2 | |
40,000 - 60,000 | 3 | |
60,000 - 100,000 | 4 | |
For each additional 50,000 or major fraction thereof | 1 additional | |
(2)
Each loading space shall not be less than 12 feet in width, 55 feet in length, and 14 feet in height.
B.
Off-street parking:
(1)
Size and access. Each off-street parking space shall have an area of not less than 180 square feet (nine feet in width and 20 feet in length) exclusive of access drives or aisles, and be in usable shape and condition. Except in the case of dwellings, no parking area shall contain less than three spaces. There shall be adequate ingress and egress to all parking spaces. Where a lot does not abut on a public or private alley or easement of access, there shall be provided an access drive leading to the parking or storage areas or loading spaces. Such access drive shall not be less than 10 feet wide. Access to off-street parking areas shall be limited to several well-defined locations, and in no case shall there be unrestricted access along the length of a street or alley. The parking area and access drives shall be improved by all-weather surfacing.
(2)
Number of parking spaces required. The number of off-street parking spaces required is set forth below. Where the use of the premises is not specifically mentioned, requirements for similar uses shall apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Off-Street Parking Space Requirements | |
|---|---|
Uses | Required Parking Space |
Automobile laundry | 1 for each wash lane |
Automobile sales and service garages | 1 for each 400 square feet of floor area |
Banks or professional offices | 1 for each 200 square feet of floor area |
Churches and schools | 1 for each 3.5 seats in an auditorium or 1 for each 17 classroom seats, whichever is greater |
Bowling alleys | 5 for each alley |
Community buildings and social halls | 1 for each 100 square feet of floor area |
Beauty parlors and barber shops | 1.5 for each chair |
Dwellings | 1 for each family or dwelling unit, except as noted |
Food supermarkets | 1 for each 100 square feet of floor area |
Funeral homes, mortuaries | 5 for each parlor |
Furniture or appliance stores | 1 for each 200 square feet of floor area |
Hospitals, nursing or convalescing homes | 1 for each 2 beds |
Hotels and motels | 1 for each living or sleeping unit |
Manufacturing plants, research or testing laboratories, bottling plants | 1 for each 500 square feet of floor area |
Medical or dental offices | 3 for each doctor or dentist |
Restaurants, taverns and night clubs | 1 for each 2.5 seats |
Retail stores and shops | 1 for each 200 square feet of floor area |
Rooming houses and dormitories | 1 for each 2 bedrooms |
Service stations | 3 for each service bay |
Sports arenas, auditoriums, theaters, assembly halls | 1 for each 3.5 seats |
Trailer or monument sales | 1 for each 2,500 square feet of lot area |
Wholesale establishments or warehouses | 1 for each 2 employees on maximum shift; the total parking area shall not be less than 25% of the building floor area |
* | For apartment structures for the elderly, constructed under federal programs, parking requirements shall be those as imposed by federal regulations, but in no event will be less than one space for each five dwelling units. |
C.
Location of parking areas. Required parking spaces shall be located on the same lot with the principal use. The Zoning Hearing Board may permit parking spaces to be located not more than 400 feet distant from the lot of the principal use if located in the same zoning district as the principal use, and the Board finds that it is impractical to provide parking on the same lot with the principal use.
D.
Screening and landscaping. Off-street parking areas for more than five vehicles, service stations and off-street loading areas, shall be effectively screened on each side which adjoins or faces any residential district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Minimum distances and setbacks. No off-street loading or parking area for more than five vehicles shall be closer than 20 feet to any adjoining property containing a dwelling, school, hospital, or similar institution and in accordance with § 500-27D of this chapter.
F.
Surfacing. All parking and loading areas and access drives shall have a paved, hardened or gravel surface, graded and drained to dispose of all surface water, and designed to provide for orderly and safe loading and parking.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
G.
Lighting. Any lighting used to illuminate off-street parking or loading areas shall be arranged so as to reflect the light away from adjoining premises of any residential district.
§ 500-31 Mobile and modular homes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Modular homes, or similar factory-assembled dwellings and replacements of existing mobile homes or house trailers on a lot with a newly constructed home are permitted in the residential district if they comply to all requirements of the district, including having screening fully covering any wheels from the base of the home to the ground and being located on their own individual lot. For purposes of this section, such a dwelling unit must consist of at least 800 square feet of living area. Individual mobile homes or house trailers not currently located on a lot are prohibited.
§ 500-32 Planned unit development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Zoning Hearing Board may permit departures from the zoning regulations for any planned unit development in the manner herein provided for special exceptions, if the planned project meets the following requirements:
A.
The area of land to be developed is not less than one acre.
B.
Adjacent properties will not be adversely affected.
C.
The plan shall be consistent with the intent and purpose of this chapter.
D.
A complete plan for the area is submitted for review and approval by the Borough Planning Commission and Borough Council to determine if the proposed project is consistent with the Comprehensive Plan.
E.
There shall be at least one parking space per dwelling unit, plus five additional spaces for every 10 units.
F.
For purposes of this section, any urban renewal plan approved by the Planning Commission and adopted by the Borough shall be considered a planned unit development.
§ 500-33 Signs.
[Amended 4-12-1982 by Ord. No. 774; 11-21-2023 by Ord. No. 947; 1-21-2025 by Ord. No. 955]
A. SIGN(1) (a) (b) (c) (d) (e) (f) (g) (h) (2) (a) (b) (c) (d) (e) (f) (g) (h) (3) (a) (b) (c) (d) (e) (f) (g) (h) (i) (j)
Definitions.
A device used for visual communication that is used to bring the subject to the attention of the public from an adjoining road or adjoining property standing at grade.
Sign types:
BILLBOARDAn off-premises sign which directs attention to a product, service, business or cause.
CANOPY SIGNA sign that is incorporated into an awning or canopy that is attached to the building.
FLAT WALL SIGNA sign that is attached to the wall of a building and whose face runs parallel to the wall to which it is attached and does not extend beyond the outside of the edges of the wall in any direction.
FREESTANDING SIGNA sign that has a separate support structure and is not physically attached to a building.
PORTABLE SIGNA moveable sign constructed with an integral support structure and not permanently attached to a building or support structure. The definition of portable sign does not include a sandwich board sign.
PROJECTING WALL SIGNA sign whose support structure is attached to the wall of a building and whose face either runs generally perpendicular to the wall or extends beyond the outside edges of the wall to which it is attached.
SANDWICH BOARD SIGNA moveable sign constructed with an integral support structure and which is not physically attached to a building, is of a size that can be easily moved by a single person, and is erected only during those times the business or activity to which it relates is open or in operation.
WINDOW SIGNA sign that is either located on the inside or outside surface of a window but whose message faces outward.
The term "sign" includes, but is not limited to:
Lettering, logos, trademarks and other symbols that are an integral part of the architectural design of a building, which are applied to a building or which are located elsewhere on the premises;
Signs that are affixed to windows or glass doors or are otherwise internally mounted such that they are legible from an adjoining road or adjoining property;
Insignia of civic, charitable, religious, fraternal, patriotic and similar organizations;
Insignia of governments and government agencies;
Banners, pennants and similar objects, but not including tinsel or similar reflective material;
Inflatable objects as a temporary and special promotional device;
Paintings applied to exterior building walls; and
Other objects or their use specifically associated with the subject of the sign.
The term "sign" shall not include the following:
Architectural features that may be identified with a particular business;
Paintings affixed to windows;
Backlit awnings that include no lettering, logos or other symbols;
Signs within a building that are obviously intended to be seen primarily from within the building;
Outdoor signs intended to be seen only within a property, such as menu signs for fast-food restaurant drive-through lanes, provided such signs are not legible from an adjoining road or adjoining property;
Signs with regulations within a park, provided such signs are not legible from an adjoining road or adjoining property;
Identification of a building's name, owner, architect, use or date of construction that has been permanently inscribed or inserted on a building's front facade prior to adoption of this chapter;
Flags of governments or government agencies, schools, churches and veterans organizations;
Decorative seasonal and holiday banners on residential properties; and
Display of merchandise either behind store windows or outdoors.
B.
Purpose.
(1)
To provide for signs as a means of effective visual communication.
(2)
To enhance the economic value of the community.
(3)
To enhance the aesthetic environment of the community and to minimize sign pollution.
(4)
To assure compatibility of signs with land uses and buildings in the vicinity of the signs and in the community as a whole and to minimize adverse effects of signs on nearby property.
(5)
To maintain and improve the safety of pedestrians and vehicular traffic.
(6)
To regulate the use of signs through a sign-permitting process.
(7)
To enable the fair and consistent enforcement of these sign regulations.
C.
Except as set forth in Subsection F (Exemptions) of this section, all signs require a zoning/building permit. For purposes of this section, the Borough may refer to or utilize a form for such zoning/building permit identified as a sign permit.
D.
Sign area and height. The following guidelines shall apply when interpreting area and height regulations in this section:
(1)
Area. The area of a sign shall be the area of the smallest rectangle, triangle or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs or other display.
(a)
When the sign is a separate unit, the area shall include any borders, framing, trim, decorative attachments, background and space between elements; it shall not include any supporting structure unless that structure is illuminated, is in the form of a symbol, or contains advertising elements.
(b)
When the sign is applied to a wall or otherwise has no definable edges, the area shall include all color, artwork or other means used to differentiate the sign from the surface upon which it is placed.
(c)
When a single sign structure has more than one face, the area shall be computed by determining the total area of all sign faces.
(d)
Except as otherwise provided in this section, the area of all signage on the lot shall be calculated when determining compliance with a maximum sign area requirement.
(2)
Height. The height of a sign shall be measured from the average ground level beneath the sign to the highest point of the sign. The ground level shall be the lower of the ground level existing prior to construction and prior to any earth disturbance at the site. This prior ground level may be established by any reliable source, including, without limitation, existing topographic maps, aerial photographs, photographs of the site, or affidavits of people who are personally familiar with the site. No person shall artificially increase the maximum height of a sign by altering the grade at the base of the sign by any means.
(a)
No sign shall be higher than the height limitation imposed by this chapter.
(b)
Wall signs may be at any height on the wall to which they are attached, except that they may not extend higher than the top of the wall. For purposes of this subsection, a mansard roof is considered a wall. No signs may otherwise be erected on a roof.
E.
General regulations and requirements. The following regulations shall apply to all signs in addition to the specific sign requirements contained in the following provisions of this section. Where these general regulations are contradicted by a specific regulation, the specific regulation shall control.
(1)
All signs shall be constructed of durable materials, maintained in good condition, and secured in a safe manner.
(2)
When a sign becomes unsafe, the Zoning Officer shall give written notice to the owner of the premises on which the sign is located that the sign must be made safe or removed immediately.
(3)
The areas surrounding all signs shall be maintained in a neat, clean and attractive condition.
(4)
Except where otherwise provided for, all signs shall be removed within 12 months if the purpose for which they were erected no longer exists.
(5)
Each property that displays one or more permanent freestanding signs and that is in an area where street addresses have been assigned must prominently display the address on one permanent freestanding sign visible from the street. The address must include the street number; the street name is optional. The area taken up by the address does not count as part of the sign area. The numbers shall be Arabic numbers, of a uniform size, and shall be of durable, reflective materials. Each digit or letter shall be at least four inches in height. The color shall contrast with the immediate background so as to be easily readable.
(6)
No sign shall be located within a street right-of-way.
(7)
Except as otherwise provided in this section, no freestanding sign shall be located any closer than five feet from the property line.
(8)
All signs erected within 25 feet of a street intersection, measured from the outer edge of the intersecting street right-of-way, shall be set back a minimum of 10 feet from the street right-of-way. Such signs shall be permitted only so long as three feet of vertical area, measured from the elevation of the nearest edge of street right-of-way and the lowest edge of the sign structure, remains clear and unobstructed.
(9)
No signs shall be painted, pasted, nailed, stapled, or otherwise attached to utility poles, traffic signal poles, poles displaying municipal/state/federal regulatory signs, trees, fences, fire hydrants, or in an unauthorized manner to walls or other signs in the right-of-way, except insofar as such signs comply with generally applicable rules, regulations or policies that may be formally adopted by the Borough Council.
(10)
No sign shall be placed so as to obstruct any door, stairway, window, fire escape, or other means of egress or ingress.
(11)
No sign shall be placed so as to obstruct ventilation or light from a building.
(12)
No flat wall sign shall project more than 12 inches from the face of the wall to which it is attached over a public sidewalk.
(13)
No sign shall have lights or other illuminating devices that constitute a public safety or traffic hazard.
(14)
No sign shall be permitted which imitates or which might be confused with an official traffic sign, signal or warning, for example by containing the words "Stop" or "Danger" or "Caution" or by including red, green, yellow and/or orange lights shaped, arranged or illuminated in a manner similar to such lights in and on official traffic signs, signals or warnings.
(15)
No sign or window display shall include a revolving beam or beacon of light resembling an emergency vehicle or facility. Rotating, traveling, pulsing, flashing or oscillating light sources, lasers, beacons or strobe lighting shall not be permitted.
(16)
No sign shall advertise activities or products that are illegal under federal, state or local municipal laws or regulations.
(17)
No sign shall include statements, words or pictures that are considered to be vulgar, obscene or pornographic. No sign shall depict "specified anatomical areas" or "specified sexual activities," both as defined herein.
(18)
No sign shall emit smoke, particles, sound, or odors or vapors visible within the public right-of-way.
(19)
No sign shall be placed on a stationary automobile, truck or other vehicle parked in a manner intended for the primary purpose of displaying such sign.
(20)
No inflatable signs shall be permitted, except as special promotional elements and limited to the period of time extending three days prior through three days following the promotional event.
(21)
No open flames shall be permitted as part of a sign or in any other way to attract attention.
(22)
Advertising painted upon or displayed upon a building or other structure shall be considered a sign and shall comply with this section.
(23)
Any sign may be exempted from the regulations of this chapter as a special exception, if the applicant can demonstrate to the satisfaction of the Zoning Hearing Board that the sign has been authenticated as historically significant and accurate for its specific location, whether original or a replica.
(24)
Except as otherwise provided in this section, signs incorporating LCD, LED, plasma, CRT, pixelized lights or other animated and/or video-like displays shall be limited to Commercial, Industrial, and Light Industrial Districts and shall comply with the following requirements:
(a)
Such signs shall employ only such sufficient size lettering and/or symbols for immediate recognition by motorists.
(b)
Such signs shall display simple and static messages for immediate recognition by motorists. Messages shall be complete in each display cycle and shall not require viewers to see multiple display cycles to derive its meaning.
(c)
Such signs shall use instantaneous transitions from one message display cycle to the next with no blank-outs, scrolling, fading, streaming, zooming, flashing, strobing or any other animated effect.
(d)
Each message display cycle shall have a duration of no fewer than 10 seconds.
F.
Exemptions. The following signs are permitted in all districts, without requirement of a zoning/building permit, but only if in compliance with the general regulations.
(1)
Temporary signs announcing a campaign, drive, event of a civic, philanthropic, education or religious organization, or political signs, provided that such sign shall not exceed 20 square feet in area, shall not be placed or erected more than 10 calendar days prior to the initiation of the campaign, drive or event, and shall be removed within 48 hours of the conclusion of the campaign, drive or event.
(2)
Signs offering the sale or rental of the premises upon which the sign is erected, provided that the area of any such sign shall not exceed six square feet and that there is no more than one such sign per street frontage of the premises upon which the sign is erected.
(3)
Temporary signs of contractors, developers, engineers, builders and artisans erected and maintained on the premises where the work is being performed, provided that the area of such sign shall not exceed 32 square feet, and provided that the sign shall not be placed or erected before the start of work and shall be removed within 48 hours of the completion of the work.
(4)
"No trespassing," "private road" and similar signage, provided that the area of the sign shall not exceed two square feet.
(5)
Informational signs, containing limited general information, e.g., "no parking," "handicapped space," and similar information, provided that the area of such sign shall not exceed two square feet.
(6)
Directional signs, subject to the following requirements; provided, however, this subsection is not applicable to signage related to an event or use of limited duration (e.g., sidewalk or yard sale, festival, Christmas tree lot, announcement of construction activity or sale of real estate).
(b)
A directional sign may not exceed two square feet in area and six feet in height.
(c)
A directional sign must be erected on the same property occupied by the use to which it relates.
(d)
Except as otherwise provided, a single directional sign may be erected at a location along each compass direction from the use to which it relates.
(e)
A directional sign may not be erected or affixed to any structure or device within the public right-of-way.
(f)
A directional sign may not be illuminated. Reflective material used in the sign shall be limited to that necessary to allow readability under low light conditions and not otherwise a safety distraction to the motoring public.
(7)
Sail-style banners, subject to the following requirements:
G.
Specific sign regulations. In addition to the general regulations (see Subsection E, General regulations, of this section), the following regulations apply:
(1)
Within the Commercial District an on-premises sign located on the front building facade shall not exceed three square feet for each lineal foot of horizontal building facade length adjoining a public street, but not to exceed 100 square feet. For properties having more than one public street or alley frontage, an additional 30 square feet of signage is permitted on the building facade facing the additional public street or alley. The additional square footage shall not reduce sign area otherwise permitted by this chapter.
(2)
Within the Industrial and Light Districts, an on-premises sign located on the front building facade shall not exceed three square feet for each lineal foot of horizontal building facade length adjoining a public street, but not to exceed 130 square feet. For properties having more than one public street or alley frontage, an additional 30 square feet of signage is permitted on the building facade facing the additional public street or alley. The additional square footage shall not reduce sign area otherwise permitted by this chapter.
(3)
In the Commercial District, a single pylon identification signs not exceeding 12 square feet per face and a height of 14 feet shall be permitted in addition to facade- mounted signs.
(4)
In the Industrial and Light Industrial Districts, a single pylon identification signs not exceeding 12 square feet per face and a height of 20 feet shall be permitted in addition to facade-mounted signs.
(5)
Except as otherwise provided, a freestanding sign shall not exceed 14 feet, measured from the elevation of the ground.
(6)
Sandwich board signs that comply with the following requirements are permitted on public sidewalks within the public right-of-way in the Commercial District, provided:
(a)
There is no more than one sandwich board sign per commercial occupancy in any single building;
(b)
There is no more than one sandwich board sign per 30 feet of building frontage;
(c)
The sign is located within the frontage of the building housing the goods or services advertised;
(d)
36 inches of public sidewalk remain unobstructed by sign, wall, utility pole, street furniture, or similar structure;
(e)
The sign is not illuminated;
(f)
The sign face does not exceed an area of six square feet;
(g)
The sign does not exceed a height, including support structure, of four feet; and
(h)
The sign is emplaced only during the normal business hours in which the goods or services advertised are actually available.
(7)
Building identification signs, not otherwise exempt by operation of the definition of "sign," that comply with the following requirements are permitted, provided:
(8)
Banners (excepting sail banners) that comply with the following requirements are permitted, provided:
(a)
The banner is no greater than 18 by 36 inches in size;
(b)
The banner is erected on site of the use to which it relates;
(c)
The banner may not be erected or affixed to any structure or device within the public right-of-way; provided, however, that banners not exceeding four square feet may be attached to light poles abutting the periphery of the University campus;
(d)
The banner is not illuminated and any reflective material used in the banner is limited to that necessary to allow readability under low-light conditions and does not otherwise present a safety distraction to the motoring public; and
(e)
No banner is erected fewer than 140 feet from another banner.
(10)
Event signage shall not exceed 20 square feet and shall be erected no earlier than two weeks before the date of the event and shall be removed within 48 hours after the date of the event.
(11)
Projecting wall signs that comply with the general requirements of this section are permitted in all zoning districts, except the R-1, R-2 and R-3 districts, provided that:
(a)
The projecting sign, inclusive of the sign and mounting and anchoring elements, does not exceed a maximum depth of 36 inches from the face of the or building to which it is attached.
(b)
The projecting sign does not exceed a maximum height of five feet, measured from the bottom of the sign.
(c)
The projecting sign maintains a vertical clearance of eight feet above the finished grade of the public right-of-way immediately below the sign.
(d)
The projecting sign is designed to minimize the accumulation of water, snow, ice, leaves and debris on the sign structure, including but not limited to the use of curved or tapered sign edges.
(12)
Portable signs are not permitted.
§ 500-34 Mineral excavations.
[Amended 4-12-1982 by Ord. No. 771]
Excavation of sand, gravel, coal, oil, gas or other material from the ground shall not be permitted in the Borough. Drilling for natural gas shall be permitted upon application for a permit, approval by the Borough Building Permit Officer and compliance with the New Bethlehem Borough Gas Well Drilling Ordinance.[1]
§ 500-35 Junkyards and similar storage areas (including automobile wrecking).
A.
All existing junkyards shall be completely screened from roads or developed areas with a solid fence or wall six feet or more in height, maintained in good condition, and painted or stained (except for masonry construction), or with suitable plantings. All existing junkyards shall comply with this provision of this chapter or shall terminate their operation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
No junkyards established after the effective date of this chapter shall be located closer than 1,000 feet to existing state and federal roads, nor closer than 100 feet to a Borough street.
C.
Access to and egress from junkyards established after the effective date of this chapter shall not be from state and federal roads.
§ 500-36 Home occupations.
A.
A home occupation shall be clearly incidental and secondary to the use of the dwelling unit for residential purposes. The following additional conditions shall be observed:
(1)
The occupation is customarily carried on in a dwelling unit or in a structure or building accessory to a dwelling unit; and
(2)
The occupation is carried on by a member of the family residing in the dwelling unit, with not more than one employee outside the family; and
(3)
The occupation is carried on wholly within the principal structure or accessory structure; and
(4)
There shall be no exterior display, exterior sign other than permitted by § 500-33, no exterior storage of materials, and no exterior indication of the home occupation or variation from the residential character of the principal structure; and
(5)
No offensive odor, vibration, smoke, dust, heat, noise or glare shall be produced; and
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
The occupation shall occupy no more than 30% of the principal structure.
B.
Home occupations must be similar in nature to art studios; dress-making; professional offices of physicians, dentists, lawyers, engineers, architects or accountants; real estate offices; insurance offices; barber shops and beauty parlors; or teaching.