Bethlehem Summary

Draft Zoning Map [High Res PDF]

October 29, 2009

This memo summarizes the major policy issues regarding the proposed new Zoning Ordinance. The proposed Zoning Ordinance is based upon the Comprehensive Plan that was adopted by City Council.

Overview of Zoning
A zoning ordinance primarily regulates: a) the uses of land and buildings, and b) the densities of development. Different types of land uses and different densities are allowed in various zoning districts. A zoning ordinance also regulates: the distance buildings can be placed from streets and lot lines, the heights and sizes of signs, and the amount of parking that must be provided by new
development.

Zoning is primarily intended to protect existing residential neighborhoods from incompatible development. However, it also can be used to avoid traffic problems, improve the appearance of new development, preserve historic buildings, and protect important natural features.

The Pennsylvania Municipalities Planning Code (“MPC”) provides municipalities with the authority to regulate development. The MPC establishes limits on the ways zoning can be used and requires that certain procedures are followed.

Ways to Address Different Uses In each zoning district, different uses are allowed or prohibited. There are two different ways that a use can be allowed:
- as a permitted by right use, with the zoning approved by the Zoning Officer, and - as a special exception use, with the zoning approved by the Zoning Hearing Board.

Intense and potentially controversial uses would typically need special exception approval. This results in a public meeting that allows public comment. The Zoning Hearing Board can carefully review the application to make sure that it meets City ordinances. Also, conditions can be placed upon any approval, such as conditions to protect public safety.

However, a special exception use is still an “allowed” use. Therefore, under the law, it is difficult to reject a special exception use if the applicant proves they meet all of the specific requirements of the zoning ordinance. Generally, in such case, the application could only be rejected if an opponent or the City was able to prove that the application violated a “general” requirement of the Ordinance. For example, it might be possible to prove that a certain type of industrial use would generate a major public safety hazard.

There also is a separate City Subdivision and Land Development Ordinance that mainly regulates engineering matters and establishes a process to approve new projects. In addition, certain areas of the City are regulated by historic district provisions, which are in separate ordinances.

Nonconformities Zoning primarily regulates new development, expansions of uses and changes in uses. Generally, an existing use that was legal when it was first established can continue to operate regardless of zoning regulations. An existing use that would not be permitted under current zoning regulations is known as a “nonconforming use.” Generally, nonconforming uses can: a) be sold to a new operator, b) be expanded within certain limits, and c) be changed to a different nonconforming use, as long as the new use is not more intense than the old use.

For example, an auto repair garage may have existed before the City adopted zoning. It is located in a residential district. It may be changed to a store, which would be less intense. However, it could not be changed to an asphalt plant, which would be more intense.

Likewise, in most cases, existing vacant lots that were legally established may be built upon – even if they do not meet the minimum size requirements of a zoning ordinance. However, any building would still need to meet setback requirements, environmental regulations and sewage requirements.

Major Goals and Objectives The following major goals and objectives provide direction for the Zoning Ordinance:

• Provide for compatibility between different types of development, particularly to protect residential areas from very intense business uses and nuisances.
• Seek to strengthen a sense of community and a community of neighborhoods.
• Protect historic buildings and maintain a pedestrian-oriented streetscape of compatible mixed uses.
• Meet obligations under State law to provide opportunities for various land uses and a range of housing types.
• Promote appropriate types of businesses in business zoning districts to attract employers and generate additional tax revenue, while avoiding the most intense business uses next to residential areas.

PROPOSED ZONING DISTRICTS
The following is a summary of the major features in each proposed zoning district.

RR Residential District

• This is the lowest density residential district. It includes much of the north-central parts of the City, as well as the Camel’s Hump area.
  
• This district is proposed to continue to mainly permit low density single-family detached homes on 15,000 square feet lots (approximately 1/3 acre).
  
• The conversion of a building into apartments would no longer be allowed.

R-S Residential District

• This district would continue to mainly permit single family detached houses on 8,000 square foot lots. Multi-family dwellings would no longer be allowed.
  
• Planned Unit Developments (PUDs) are proposed to be removed as an option in the new Zoning Ordinance. The PUD provisions were used to allow a number of relatively dense housing developments, particularly in northeast Bethlehem. Where concentrations of townhouses and other denser housing exist in the R-S district, they are proposed to be changed to the R-G district to better reflect the existing conditions and to reduce the need for dimensional variances.

R-G Residential District

• This district mainly allows single family detached houses on 6,500 square foot lots. This district also allows multi-family dwellings at an average of 10 homes per acre and townhouses at an average of 9 homes per acre.
  
• Semi-detached (twin homes) would be added as an allowed use.
  
• With Zoning Hearing Board approval, this district would continue to allow funeral parlors, personal care/assisted living centers, and bed & breakfast inns. Boarding houses would no longer be allowed.

R-T Residential District

• This district mainly would continue to allow for single family detached houses on 4,000 square feet lots, single-family semi-detached (twin) homes at 3,000 square feet per unit, and townhouses and other housing types at 3,000 square feet per unit.
  
• In addition, taller multi-family buildings can be built with an average of 1,200 square feet per unit. There currently is no height limit. A 5 story height limit is proposed.
  
• The existing R-M district is proposed to be merged into the R-T district. The two districts are very similar, except that the R-M district currently allows a higher density. In effect, the densities in the current R-M areas would be reduced to the R-T density.

I Institutional District

• This district would continue to include Moravian College, Lehigh University, Lehigh Valley Hospital and adjacent medical offices, many schools, parks, and cemeteries.
  
• This district would continue to allow parks, schools, hospitals, health centers, theaters, and colleges. All types of offices would be allowed vs. currently offices must be primarily medically-related.

C-B Central Commercial District

• This district includes commercial areas in Center City and South Bethlehem along 3rd and 4th Streets. The district is proposed to be expanded to additional areas near Five Points.
  
• This district would continue to permit an assortment of retail, hotel/motel and service uses. Auto related uses, such as gas stations, would continue to not be allowed.
  
• This district would continue to allow a mix of housing types. However, new multifamily (apartment) units would only be allowed in a building that includes a street level commercial use.
  
• There currently is no maximum building height, except for townhouses. A 150 feet height limit would be added.
  
• There is no requirement to provide any off-street parking within this district.

CG General Commercial District

• This district would continue to permit a very wide range of commercial uses, including some not allowed in central business districts (such as car sales and pawn shops).
  
• This district would continue to allow a mix of housing types. However, new multifamily (apartment) units would only be allowed in a building that includes a street level commercial use.
  
• The maximum building height is proposed to be increased from 35 to 80 feet.
  
• The physical area of the CG zoning district is proposed to be reduced and limited to corridors such as Stefko Boulevard where intense commercial development is appropriate.

C-L Limited Commercial District

• This district would mainly provide for neighborhood-oriented commercial uses, such as retail stores, personal services, offices, day care centers and funeral homes. More intense commercial uses, such as gasoline sales, would not be allowed. This district would be expanded to several new areas, including many segments of West and East Broad Streets outside of Center City.
  
• This district would permit all residential uses allowed in the R-T.
  
• This district would continue to allow a mix of housing types. However, new multifamily (apartment) units would only be allowed in a building that includes a street level commercial use.
  
• The maximum building height of 35 feet would be continued.

C-S Shopping Center District

• This district allows shopping center uses, hotels/motels and most other types of commercial uses.
  
• This district would continue to allow a mix of housing types. However, new multifamily (apartment) units would only be allowed in a building that includes a street level commercial use.

CMU Commercial Mixed Use District

• This district was recently established and is intended to address land west of 8th Avenue across from Martin Tower.
  
• This district would continue to allow a coordinated development with restaurants, offices and retail sales.

PI Planned Industrial District

• This district permits most types of manufacturing uses, research and testing labs, office buildings, warehouses, wholesale establishments, and assembly / processing / packaging of various products
  
• A one acre minimum lot area would be continued. This district includes the sections of Lehigh Valley Industrial Park that are north of Route 22.
  
• The maximum height is 35 feet. An increase to 60 feet is proposed.

LI Light Industrial District

• This district would continue to permit most types of manufacturing uses, plus distribution uses, offices and compatible commercial uses.
  
• This district has a minimum height of 50 feet, which is proposed to be increased to 80 feet.

IN Industrial District

• This district permits any use allowed in the LI Light Industrial District plus more intensive uses not allowed in L-I, such as trash incinerators, junk yards, landfills, scrap yards, manufacturing of asphalt, and petroleum refining/storage.

IR Industrial Redevelopment District

• This district would continue to permit a very wide assortment of retail, office, hotel, entertainment, recreational and institutional uses. Some light industrial uses would also be allowed.
  
• This district was created over 10 years ago to allow flexibility in the redevelopment of the BethWorks site and some other old industrial areas.
  
• Residential uses would not be allowed in these areas.
  
• This district includes land recently rezoned to this district to allow a new phase of Lehigh Valley Industrial Park northeast of the Route 412/I-78 interchange.

IR-R Industrial Redevelopment - Residential Option District

• This district allows uses similar to the IR district, except it would not allow industrial uses.
  
• This district is proposed to be used for the bulk of the “BethWorks” area, including the NCC Fowler Southside Center, the old Steel headquarters and the Sands Bethlehem Gaming and Hotel complex.
  
• Currently, residential uses are only allowed within “existing office buildings.” The proposed zoning ordinance would allow residential uses in additional locations. There also is a proposal to allow a density bonus in this district and certain other locations if a percentage of the housing units are provided as “workforce” housing.

Additional Topics

Additional topics that are being considered for inclusion in the ordinance, but that affect more than one zoning district include:

Density bonuses for work force housing units – A new set of provisions are being considered to allow a density bonus on larger development tracts if a portion of the new housing units are affordable to moderate income persons. This is known as “workforce” housing.

Design guidelines – In the commercial core areas of the downtown areas and along east and west Broad Street, a set of design standards are proposed to be added. These standards would not regulate architecture, but would require new buildings to fit within the fabric of older areas. For example, new buildings would be required to be placed relatively close the street, with any new parking located to the rear or side of buildings.

Maintaining consistency of development in residential neighborhoods by limiting housing types in RR and RS districts. Recent infill development in outlying areas of the City has often been denser that the surrounding single family detached homes. Permitted housing types are proposed to be limited to those types that already typically exist in these neighborhoods.

Flexibility for shared parking and parking requirements – In sections of the City that are already developed there are businesses that currently have no on-site parking. The ordinance provides no flexibility in parking requirements to allow those businesses to change or expand. Revisions are recommended to allow more flexibility for location and number of spaces.