The Council of the City of Bethlehem Hereby Ordains As Follows
BILL NO. 38-2015
ORDINANCE NO. ______
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF BETHLEHEM, PENNSYLVANIA, AS AMENDED, BY DELETING THE CM-LTN LANDMARK CONSERVATION AND TRADITIONAL NEIGHBORHOOD OVERLAY DISTRICT AND REPLACING IT WITH AN OMU OFFICE MIXED USE DISTRICT; ADDING DEFINITIONS FOR FAST-CASUAL RESTAURANT, FAST-FOOD RESTAURANT AND FOR TASTING ROOM; SETTING THE PURPOSE OF THE OMU DISTRICT; AMENDING THE ZONING MAP TO CHANGE THE DESIGNATION OF VARIOUS PARCELS FROM THE CM-LTN ZONING DISTRICT TO THE OMU ZONING DISTRICT; MODIFYING THE ALLOWED USES IN PRIMARILY NON-RESIDENTIAL DISTRICTS; MODIFYING THE DIMENSIONAL REQUIREMENTS IN SOME DISTRICTS; MODIFYING DESIGN STANDARDS TO CREATE NEW REQUIREMENTS FOR THE OMU DISTRICT; AND CREATING ADDITIONAL REQUIREMENTS FOR THE OMU DISTRICT.
THE COUNCIL OF THE CITY OF BETHLEHEM HEREBY ORDAINS AS FOLLOWS:
SECTION 1. That Article 1302, DEFINITIONS, of the Zoning Ordinance, as amended, shall be amended to include the following:
1302.106Restaurant, Fast-Casual. An establishment that serves food and beverages that does not offer full table service, regardless of whether seats or other accommodations are provided inside or outside of the building for patrons, but has a higher quality of food with fewer frozen or processed ingredients than a fast-food restaurant. A Fast-Casual Restaurant may or may not have a drive-through service.
1302.107Restaurant, Fast-Food. An establishment that serves food and beverages prepared in a highly-processed fashion, typically prepared on a large scale from bulk ingredients using standardized cooking and production methods and equipment for consumption outside of the building or in vehicles parked upon the premises, regardless of whether seats or other accommodations are provided inside or outside of the building for patrons. A Fast-Food Restaurant may or may not have a drive-through service.
With all subsequent sections renumbered accordingly; and
1302.126Tasting Room. A retail facility which may or may not be a part of a micro-brewery or micro-distillery, that offers tastes of the product for primarily retail sales for off-site consumption or carry-out. No on-site retail consumption is permitted.
With all subsequent sections renumbered accordingly.
SECTION 2. That Article 1303, CLASSIFICATION OF DISTRICTS, Section 1303.07, Purposes of Each District, Subsection (n), CM-LTN Landmark Conservation and Traditional Neighborhood Development Overlay District, of the Zoning Ordinance, as amended, which read as follows:
1303.07Purposes of Each District.
(n)CM-LTN Landmark Conservation and Traditional Neighborhood Development Overlay District – To allow an optional type of mixed use development if the landmark Martin Tower is reused and rehabilitated. The Martin Tower is the tallest building in Lehigh and Northampton Counties and was the international headquarters of the second largest steel company in the nation. This Overlay District is consistent with the mandate of the Pennsylvania Municipalities Planning Code that zoning ordinances shall be used to preserve historic buildings. This Overlay District recognizes that, because of renovation costs, this landmark building is endangered with demolition if appropriate redevelopment is not allowed on the tract. This Overlay District promotes the redevelopment of areas that are currently underutilized, only partially developed and where buildings are in need of major rehabilitation. This Overlay District promotes a mix of office, residential and limited commercial uses. This Overlay District recognizes an area of Bethlehem that is uniquely situated compared to other areas of the City, and allows future development and adaptive reuses consistent with such uniqueness.
Shall be deleted and replaced with the following:
1303.07Purposes of Each District.
(n)OMU Office Mixed Use District– In addition to serving the purposes of the City Comprehensive Plan and the overall purposes of this Ordinance, this District is intended to promote redevelopment of areas of the City that are currently underutilized and are only partially developed. This District also recognizes that this area of Bethlehem is unique in terms of its size and its proximity to ramps of a limited access expressway (PA. Route 378). This District is also intended to provide transitional zoning provisions adjacent to a County Park and recognized historical site, the Burnside Plantation. This District also is intended to encourage ground-floor retail and service uses to create connectivity between the residential and commercial buildings on the overall tract.
SECTION 3. That the Zoning Ordinance of the City of Bethlehem, Pennsylvania be amended by changing all the "CM-LTN – Landmark Conservation and Traditional Neighborhood Development Overlay District” symbols and indications as shown on the City Zoning Map in the areadepicted on the attached Exhibit “A” and described as follows:
ALL THAT CERTAIN tract, piece or parcel of land situate, lying and being in the Thirteenth (13th) Ward of the City of Bethlehem, County of Lehigh, Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit:
BEGINNING at a point, said point being the intersection of the centerline of Eighth Avenue, also know as S.R. 1011, a street seventy (70) feet wide with the centerline of Eaton Avenue, a street seventy (70) feet wide at this location, thence partly along the centerline of Eaton Avenue and partly along the centerline of Schoenersville Road, the following seven (7) courses and distances: (1) South eighty-five degrees twenty-eight minutes East (S 85 28’ 00” E) four hundred ninety-nine and fifteen one-hundredths (499.15) feet to a point, (2) southeastwardly by a curve to the right the radius which is four thousand four hundred ninety-three and five one-hundredths (4,493.05) feet an arc distance of one hundred ninety-nine and ninety-seven one-hundredths (199.97) feet to a point, (3) South eighty-two degrees fifty-five seconds East (S 82 55’ 00” E) one hundred seventy and eighty-five one-hundredths (170.85) feet to a point, (4) southeastwardly by a curve to the right the radius which is eight hundred thirty-three and forty-six one hundredths (833.46) feet an arc distance of two hundred thirty-three and five one-hundredths (233.05) feet to a point, (5) South sixty-seven degrees one minute thirty-five seconds East (S 67 01’ 35” E) a distance of two hundred fifteen and two one-hundredths (215.02) feet to a point, (6) South sixty-eight degrees ten minutes forty-two seconds East (S 68 10’ 42” E) a distance of four hundred forty and fifty-three one-hundredths (440.53) feet to a point, (7) South seventy-one degrees thirty-five minutes forty-two seconds East (S 71 35’ 42” E) a distance of two hundred forty-seven and twenty-one one-hundredths (247.21) feet to a point, said point being the intersection of the centerline of Schoenersville Road with the northwestern most property line of lands now or formerly County of Lehigh extended northwardly, thence along lands now or formerly County of Lehigh the following twelve (12) courses and distance: (1) South eight degrees nineteen minutes fifty seconds West (S 819’ 50” W) two hundred twenty-two and forty-nine one-hundredths (222.49) feet to a point, (2) South twenty-one degrees twenty-nine minutes thirty seconds West (S 21 29’ 30” W), a distance of sixty-four and thirty-eight one-hundredths (64.38) feet to a point, (3) South thirty-six degrees thirty-one minutes thirty seconds West (S 36 31’ 30” W) a distance of one hundred nine and ninety-three one-hundredths (109.93) feet to a point, (4) South fifty-three degrees forty-six minutes thirty seconds West (S 53 46’ 30” W) a distance of fifty-three and fifty-six one-hundredths (53.56) feet to a point, (5) South sixty-eight degrees thirty-four minutes thirty seconds West (S 68 34’ 30” W) one hundred fifty-four and ten one-hundredths (154.10) feet to a point, (6) North seventy-six degrees forty minutes thirty seconds West (N 76 40’ 30” W) a distance of one hundred fifty-three and fifty-eight one-hundredths (153.58) feet to a point, (7) South fourteen degrees fifty-six minutes forty seconds West (S 14 56’ 40” W) a distance of four hundred seventy-eight and ninety-five one-hundredths (478.95) feet to a point, (8) South sixty-four degrees eight minutes fifty-six seconds East (S 64 08’ 56” E) a distance of two and forty-seven one-hundredths (2.47) feet to a point, (9) South ten degrees fifty-three minutes thirty-nine seconds East (S 10 53’ 39” E) a distance of one hundred forty and twenty-six one-hundredths (140.26) feet to a point, (10) South twenty-six degrees twenty-five minutes three seconds East (S 26 25’ 03” E) a distance of ninety-seven and eighty-seven one-hundredths (97.87) feet to a point, (11) South forty-five degrees fifty-five minutes twenty-six seconds East (S 45 55’ 26” E) a distance of one hundred fifteen and one one-hundredths (115.01) feet to a point, (12) South fourteen degrees forty minutes twenty-six seconds East (S 14 40’ 26” E) a distance of one hundred (100.00) feet to a point, said point being on the northerly line of land now or formerly Lehigh and New England Railway Company, thence along land now or formerly Lehigh and New England Railway Company the following thirteen (13) courses and distances: (1) southwestwardly by a curve to the right the radius which is five hundred thirty and sixty-nine one-hundredths (530.69) feet an arc distance of five hundred thirty-five and ninety-five one-hundredths (535.95) feet, (2) northwestwardly by a curve to the right the radius which is five hundred thirty and sixty-nine one-hundredths (530.69) feet an arc distance of two hundred forty and eight one-hundredths (240.08) feet to a point, (3) North forty-two degrees fifty-eight minutes twenty seconds West (N 42 58’ 20” W) a distance of twenty-one and eleven one-hundredths (21.11) feet to a point, (4) northwestwardly by a curve to the left the radius which is six hundred sixteen and sixty-nine one-hundredths (616.69) feet an arc distance of sixty-five and eight-one one-hundredths (65.81) feet to a point, (5) North forty degrees fifty-four minutes forty-one seconds East (N 40 54’ 41” E) a distance of forty-seven (47.00) feet to a point, (6) northwestwardly by a curve to the left the radius which is six hundred sixty-three and sixty-nine one-hundredths (663.69) feet an arc distance of four hundred five and thirteen one-hundredths (405.13) feet to a point, (7) North eighty-four degrees three minutes forty-eight seconds West (N 84 03’ 48” W) a distance of one hundred fifty and thirty-three one-hundredths (150.33) feet to a point, (8) South five degrees fifty-six minutes twelve seconds West (S 5 56’ 12” W) a distance of ten (10.00) feet to a point, (9) North eighty-four degrees three minutes forty-eight seconds West (N 84 03’ 48” W) a distance of two hundred (200.00) feet to a point, (10) South five degrees fifty-six minutes twelve seconds West (S 5 56’ 12” W) a distance of ten (10.00) feet to a point, (11) North eighty-four degrees three minutes forty-eight seconds West (N 84 03’ 48” W) a distance of fifty (50.00) feet to a point, (12) South sixty-nine degrees forty-seven minutes fifty-six seconds West (S 69 47’ 56” W) a distance of thirty-four and twenty-seven one-hundredths (34.27) feet to a point, (13) northwestwardly by a curve to the left the radius which is one thousand ten and thirty-seven one-hundredths (1,010.37) feet an arc distance of two and five one-hundredths (2.05) feet to a point, said point being on the easterly right-of-way line of Eighth Avenue, thence North eighty-seven degrees forty-three minutes West (N 87 43’ W) a distance of thirty-five (35.00) feet to a point, said point being on the centerline of Eighth Avenue, thence along the centerline of Eighth Avenue North two degrees seventeen minutes East (N 2 17’ 00” E) a distance of one thousand four hundred nineteen and ninety-eight one-hundredths (1,419.98) feet to a point, said point being the place of beginning.
BOUNDED on the North by lands now or formerly 1st Valley Bank, Todd S. Hauser, Michael A. Petrillo, David & Martha Gracia, Martha Gracia, Spencer Owen Smith, Candice Smith, City of Bethlehem, on the East by lands now or formerly County of Lehigh, on the South by lands now or formerly Pennsylvania Lines L.L.C. and on the West by lands now or formerly Tiger Den Partners, D. B., L.L.C. and Eighth & Eaton Development, L. P.
to those of an “OMU – Office Mixed Use” District.
SECTION 4. That Article 1305, ALLOWED USES IN PRIMARILY NON-RESIDENTIAL ZONING DISTRICTS, Section 1305.01, Allowed Uses in Primarily Non-Residential Districts, of the Zoning Ordinance, as amended, which currently reads as follows:
1305.01Allowed Uses in Primarily Non-Residential Districts. Only the following uses are allowed in each respective zoning district, except as may be allowed by Section 1304.03:
For the Institutional Overlay District, see Section 1312.
For the CM-LTN Landmark Conservation and Traditional Neighborhood Overlay District, see Section 1314.
For additional requirements in the CMU Mixed Use Commercial District, see Section 1313.
For additional requirements of IN-O, refer to Article 1315.
For additional requirements for the IR Industrial Redevelopment District and the IR-R Industrial Redevelopment - Residential District, see Section 1316.
For manufacturing uses, the types of uses listed in this Section correspond approximately to the categories of the North American Classification System, administered by the US Department of Commerce. In case of question about the categorization, such system shall be consulted.
shall be amended to read as follows:
1305.01Allowed Uses in Primarily Non-Residential Districts. Only the following uses are allowed in each respective zoning district, except as may be allowed by Section 1304.03:
For the Institutional Overlay District, see Section 1312.
For the OMU District, see Section 1314.
For additional requirements in the CMU Mixed Use Commercial District, see Section 1313.
For additional requirements of IN-O, refer to Article 1315.
For additional requirements for the IR Industrial Redevelopment District and the IR-R Industrial Redevelopment - Residential District, see Section 1316.
For manufacturing uses, the types of uses listed in this Section correspond approximately to the categories of the North American Classification System, administered by the US Department of Commerce. In case of question about the categorization, such system shall be consulted.
SECTION 5. That all charts in Article 1305, ALLOWED USES IN PRIMARILY NON-RESIDENTIAL ZONING DISTRICTS, Section 1305.01, Allowed Uses in Primarily Non-Residential Districts, of the Zoning Ordinance, as amended, shall be amended to include the OMU District and read as follows:
TYPES OF USESZONING DISTRICTS
(See definitions in Section 1302)CLCGCBLI INPICMI CMU IR IR-ROMU
&CS
a.RESIDENTIAL USES
Single Family Detached Dwelling N NNNNNNNN NNP**
(Note - Manufactured/mobile homes shall meet
the additional requirements of Section 1322)
Two Family Semi-Detached DwellingNNNNNNNNNNNP
Two Family Detached DwellingNNNNNNNNNNNP
Two Family Attached DwellingNNNNNNNNNNNP
Single Family Semi-Detached Dwelling N NNNNNNNNN NP
(side-by-side)
Townhouse (Single Family Attached Dwelling)NNNNNNNNN N PP
(S. 1322)
Multi-Family Dwellings (S. 1322), other than
conversions of an existing one familyP*P*P*NNNNNN N PP***
dwelling into 2 or more dwellings
Boarding House (includes Rooming House)
(S. 1322)SESESE*NNNN SENNNN
Manufactured/Mobile Home Park (S. 1322)NSENNNNNNNN NN
Group Home within a lawful existing dwelling
unit (S.1322), not including a Treatment CenterPPPNNNNPNNNN
Conversion of an Existing One Family Dwelling into
Two or More Dwelling Units (See alsoNNNNNNNNNN NN
Unit for Care of Relative under Accessory Uses),
other than as allowed by the above Multi-Family
Dwellings provision with a street level commercial use.
Dormitories or other Housing Owned or
Operated by a College or University and N P*in CG P*NNNNPN NP*N
Limited to Occupancy by Students or Staff N in CS
of the College or University
(in addition to housing listed above)
Fraternity or SororityNNNNNNNPNNNN
Live Work Unit in compliance with thePNPNNNNNNNP N
Home Occupation and Live Work
Provisions of Section 1322.03.
______
*= Such housing shall be located in the same building as a principal commercial use that is on the front street level. This requirement for a street level commercial use shall not apply to buildings fronting on local streets. See the optional density bonus for workforce housing in Article 1307.
**=In the OMU District the maximum lot size for any single family dwelling shall be 4,000 square feet
***=Provision of Section 1322 shall not apply in the OMU District for multi-family dwellings
P= Permitted by right use (zoning decision by Zoning Officer)
SE= Special exception use (zoning decision by Zoning Hearing Board)
N=Not permitted
(S. 1322) =See Additional Requirements in Section 1322
TYPES OF USESZONING DISTRICTS
(See definitions in Section 1302)CL***CG***CB***LI INPICMI CMU IRIR-ROMU
&CS
b.COMMERCIAL USES
Adult Oriented Establishment (S. 1322)NNNNSENNNN NNN
After Hours Club - Note - This use is effectivelyNNNNNNNNN NNN
prohibited by State Act 219 of 1990.
Airport (S. 1322) (see also Heliport)NNNN SENNNN NNN
Amusement Arcade NPNNNNNNN PPP
Amusement Park or Water ParkNPNNNNNNN NNN
Animal Cemetery (S. 1322)NPNPPPPPN NNN
Animal ShelterNNNPPNNNNNNN
Arena or AuditoriumPPPPNPPPN PPN
Auditorium (Commercial), Arena, Performing Arts Center
or Exhibition-Trade Show CenterPPPPPPPPN PPP
Auto Body Shop or Auto Repair Garage (S. 1322)NPNPPNNNN NNN
Auto, Boat or Mobile/Manufactured Home Sales
(S. 1322)NPNNNNNNN NP**N
Bakery, RetailPPPNPNNNP PPP
Bed and Breakfast Inn (S. 1322) PPPNNNNPN PPP
Beverage Distributor (wholesale)NPNNNNNNN PPN
Bus Maintenance or Storage YardNNNPPPNNN NNN
Bus, Taxi or Passenger Rail TerminalPPPPPPNNNPPN
BYOB Club in compliance with Section 1318.33N N in CGNNNNNNN NNN
SE in CS
Car Wash (S. 1322)NPNNNNNNN NNN
Catering, Custom, for Off-Site ConsumptionPPPPPPPPN PPP
Check Cashing Business (S. 1322)NSENNNNNNN NNN
Communications Antennae, Commercial (S. 1322),
limited to accessory antenna attached to
specified types of structuresPPPPPPPPP PPP
Communications Tower, Commercial (S. 1322),NNNSEPSESESEN SESEN
or other antennae that are not allowed under
the above provision
Conference Center or Exposition CenterNPPPNPPPN PPN
Construction Company or Tradesperson's Head-
quarters (including but not limited to landscaping,
building trades or janitorial contractor). See
also as Home Occupation. Accessory outdoor
storage shall be permitted provided it meets
the screening requirements of Section 1318.23P*PSE*PPPPNN PPP****
Crafts or Artisan's StudioPPPPPPPPN PPP
* = A maximum of 25% of lot shall be used for outdoor storage, which shall be screened by buildings and/or
landscaping from view of streets.
** =Limited to sales of motor vehicles that is primarily conducted indoors.