A.
This purpose of this district is to provide sufficient
locations for offices and related business uses in a campus-like setting.
B.
In anticipation
of the completion of Route 33, it is the intent of the Comprehensive
Plan Amendment of 1997 that most areas that were zoned OB west of
Route 33/north of Freemansburg Avenue and areas south of Freemansburg
Avenue be rezoned to LI(P), except for areas generally within 600
feet of existing or approved residential development.
A development approved as a conditional use under the standards of § 275-90 or a development that was granted subdivision or land development approval prior to the adoption of this chapter for two or more industrial lots or one or more office buildings. The planned business development standards are primarily intended to avoid the eventual placement of a large number of driveways that would enter onto arterial and connector streets, and to provide for unified and coordinated development.
Only the following are permitted-by-right uses in the OB District, provided that the requirements for specific uses in Article XX are met:
A.
The following uses are permitted by right only within
an approved planned business development, as principal or accessory
uses:
(1)
Standard restaurant.
(2)
Exercise club.
(6)
Manufacture, assembly and testing of electronic, microelectronic
and computer products.
(7)
College, university or trade school.
(9)
The following uses, provided that the applicant provides
sufficient evidence to the Zoning Officer that the use will not routinely
generate a total of more than 20 trips in and out of the lot onto
public street(s) by tractor-trailers during the average work day.
The Zoning Officer may request a decision by the Zoning Hearing Board
to determine whether a use will meet this requirement.
(10)
Retail sales of goods produced on the premises
as a clearly accessory use to a permitted principal use. Any such
retail sales area shall not use more than 5% of the floor area of
any building.
(11)
Retail sales or personal service uses, provided
that not more than 10% of the total floor area of any building and
not more than 10% of the land area of any tract is used for the total
of such uses.
(15)
Orthopedic specialty center.
[Amended 3-18-2002 by Ord. No. 03-02]
B.
The following uses are permitted by right, either
within an approved planned business development or within a lot of
record that existed prior to the adoption of this chapter that has
a lot area of less than 10 acres:
(1)
Swimming pool, public or semipublic.
(3)
Township-owned use.
(4)
Publicly owned recreation.
(6)
Crop farming.
(10)
Membership club.
(12)
Wildlife sanctuary.
(14)
U.S. Postal Service facility.
(17)
Offices or office building.
(18)
Financial institution.
(19)
Golf driving range, provided there is a minimum
lot area of six acres and provided that outdoor lighting is directed
to minimize nuisances to dwellings and along streets.
There are no special exception uses in the OB District. Only the following are permitted conditional uses in the OB District, provided that the requirements for specific uses of Article XX are met:
All uses not specifically permitted are prohibited,
unless their allowance is implied by a closely similar use. The following
uses are very specifically prohibited in the OB District as principal
and/or accessory uses.
A.
All uses are prohibited that would have a serious threat of future inability to comply with the performance standards of this chapter, as stated in Article XVI.
B.
All of the following uses are prohibited:
(1)
Tar distillation or manufacture.
(2)
Coke oven.
(3)
Creosote treatment or manufacture.
(4)
Explosives, fireworks, ammunition and gunpowder manufacture
or bulk storage (except storage within a U.S. military or state-owned
facility).
(5)
Incineration, reduction, distillation, storage or
dumping of slaughterhouse reuse, rancid fats, garbage, bones, dead
animals or offal.
(6)
Bulk manufacture, bulk mixing or bulk processing of
highly hazardous chemicals, including but not limited to the following
acids: hydrochloric, nitric, picric, sulfuric, sulphanous or carbonic.
(7)
Oilcloth manufacture.
(8)
Raw paper or pulp mill.
(9)
Petroleum or kerosene refining or distillation.
(10)
Potash work.
(11)
Stockyard, slaughterhouse or meat-packing plant.
(12)
Manufacture of agricultural chemicals, fertilizers
or pesticides.
(13)
Mineral extraction.
(14)
Manufacture of asphalt.
(15)
Bulk storage or refining of liquid fuels for
off-site sales.
(16)
On-site manufacture of cement, gypsum, concrete
or plaster.
(17)
Trucking company terminal as a principal use.
(18)
Animal feed mill.
(19)
Solid waste disposal facility, including but
not limited to landfill or bulk solid waste incinerator.
(20)
Adult uses.
(21)
Treatment center.
(22)
Mobile/manufactured home park.
(23)
Prison.
To assure that the intent and requirements of
this district are complied with, review and approval of a planned
business development shall be required as a conditional use.
C.
Information. The applicant shall present whatever
information is available on the types of tenants or uses that are
intended or expected in different portions of the development.
D.
Relationship to surroundings. The applicant shall
show how the development will be coordinated with access and utilities
of other portions of the OB and LI Districts and with Routes 22 and
the existing and proposed Route 33.
E.
Open space and landscaping. The application shall
show an overall plan of open spaces and landscaping. This plan shall
be carried out through a system of deed restrictions on each lot.
F.
Access.
(1)
Coordinated access. Any planned business development
shall make the absolute maximum use possible of interior streets,
as opposed to numerous driveways entering onto an arterial street.
Deed restrictions shall be placed on any individual lots that are
created, to require access to the interior street system only.
(2)
Access to other than arterial streets. Based upon
any PennDOT review comments, the Township Comprehensive Plan and reviews
by the Planning Commission, Police Chief and Township Engineer, the
Board of Commissioners may require that a planned business development
not have any direct access that would involve left-hand turns onto
and off of an arterial street (except at an intersection planned for
or with an existing traffic signal) if reasonable access could be
provided off of and onto a connector, collector or suitable local
street.
(3)
Easements for access. The Board of Commissioners may
at the time of approval of a subdivision or land development within
an OB District, require a lot or tract to provide an easement, stub
street extension and/or street right-of-way extension for vehicular
traffic to adjoining tracts to allow an efficient interior access
system.
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 chapter are fully complied with
at the completion of each stage. Each stage shall be shown on the
plan.
H.
Lot regulations. Any lot proposed to be created presently or in the future within a planned business development shall be capable of complying with the lot and setback regulations of this district (see § 275-91).
J.
Information on covenants. A planned business development
shall include a reasonable set of deed restrictions or covenants imposed
by the developer on each lot. These covenants should cover types of
uses, maintenance of lots and industrial operations, with a proper
means for enforcement. The covenants shall also be written to carry
out the purposes and requirements of a planned business development.
The language of these covenants shall be presented before a planned
business development is approved.
[Amended 3-1-1999 by Ord. No. 4-99]
A.
Information. The applicant shall present information
on the approximate number of employees and shifts that are expected.
Also, the applicant shall present information on the approximate amount
of heavy truck traffic that is expected.
B.
Minimum lot area: two acres, except one acre for any
lot limited by deed restriction to nonindustrial uses.
D.
Minimum lot depth: 200 feet.
E.
Minimum front yard setback: 50 feet from the future
street right-of-way.
G.
Maximum lot coverage: 40% for buildings, 65% for total
impervious coverage, except as follows:
(1)
If a planned business development includes landscaped
open areas and/or dedication of parkland adjacent to residential districts
in a manner generally consistent with the Bethlehem Township Comprehensive
Plan, as amended, then as a condition of approval of the planned business
development, the Board of Commissioners may permit certain predesignated
lots to have a maximum building coverage of 45% and a maximum impervious
coverage of 75%, provided that the applicant provides evidence that
the average for all lots and any dedicated parkland will not exceed
40% building coverage and 65% impervious coverage.
J.
Maximum height. Whichever of the following maximum
heights is most restrictive shall apply:
(1)
Within 300 feet of a residential district boundary,
not including a residential district boundary separated by an existing
or officially proposed expressway: 25 feet.
(2)
Between 300 feet and 1,000 feet of a residential district
boundary, not including a residential district boundary separated
by an existing or officially proposed expressway: 45 feet or four
stories.
(3)
All other locations: five stories or 60 feet.
K.
Enclosed structures. All manufacturing shall occur
within completely enclosed structures. See also § 275-71D(6).
L.
Setback from expressways: 100 feet minimum from the
existing right-of-way of an expressway for all buildings.
M.
Setbacks from dwellings, setbacks from residential
and agricultural districts and setbacks from municipal parks; requirements
for berms.
(1)
Except as provided in Subsection M(3) below, industrial uses and areas routinely used for the parking, storage, loading or unloading of two or more tractor-trailer trucks or refrigerated trucks shall be set back the following minimum distances from any dwelling, any residential or agricultural district boundary and any municipal park. Such setback may be used for private vehicle parking and similar uses within the other requirements of this article.
(a)
Industrial uses: 400 feet from the lot lines
of any dwelling and any residential or agricultural boundary and 300
feet from the lot lines of any municipal park.
(b)
Tractor-trailer truck areas: 400 feet from the
lot lines of any dwelling and any residential or agricultural district
boundary and 300 feet from the lot lines of any municipal park.
(c)
Refrigerated truck areas: 400 feet from the
lot lines of any dwelling, any residential or agricultural district
boundary and the lot lines of any municipal park.
(2)
Municipal park defined. For the purposes of this section,
the term "municipal park" includes any and all publicly owned land
which is designated as park and/or open space and any and all privately
owned land which has been designated on the official map or by other
formal action by the Board of Commissioners as reserved or intended
for future acquisition for park and/or open space; provided, nevertheless,
that "municipal park" does not include:
(3)
Exceptions.
(a)
Such setbacks shall not apply if such industrial
use, tractor-trailer truck area or refrigerated truck area is separated
from such dwelling, residential or agricultural district boundary
and municipal park by an existing expressway or a proposed expressway
for which primary construction contracts have been awarded by the
governmental agency having jurisdiction thereof for the final segment
of the construction of all through-traffic lanes for such expressway.
(b)
The setback for tractor-trailer truck areas
and refrigerated truck areas shall be a minimum of 200 feet if a principal
building will completely separate such areas from any dwelling, residential
or agricultural district boundary and any municipal park.
(c)
Where a municipal park is located within a residential
or agricultural district and one or more lot lines of such municipal
park is coextensive with the boundary of such district, the setback
applicable to the lot lines of such municipal park shall apply rather
than the setback applicable to such district boundary; provided, nevertheless,
that the setback applicable to such district boundary shall continue
to apply to the portions of such district not used or proposed for
use as a municipal park and for this purpose the district boundary
shall be deemed to be relocated within the district to the lot lines
of those lots abutting such municipal park.
(4)
Any building that is not regulated under the above Subsection M(1) shall be set back a minimum of 150 feet from the lot lines of any dwelling, any residential or agricultural district boundary and the lot lines of any municipal park. Such setback may be used for private vehicle parking and similar uses within the other requirements of this article.
(5)
An earth berm shall be constructed within the setback
areas required by this subsection meeting the following conditions:
(a)
Berm height shall be measured along a series
of lines within the setback area perpendicular to the lot line. The
height of the berm along each line shall be not less than eight feet
above the highest elevation within the setback along such line.
(b)
The maximum slope of the berm shall be three
feet measured horizontally for each one foot measured vertically.
Therefore, for example, four feet horizontally to one foot vertically
shall be permitted, while two feet horizontally to one foot vertically
shall be prohibited.
(c)
The minimum width of the top of the berm shall
be five feet.
(d)
The toe of the slope of the berm adjacent to
the lot line shall be not less than 25 feet from the lot line. The
distance from the toe of the slope to the adjacent lot line shall
be increased as necessary to ensure that stormwater flows onto adjoining
tracts are not altered in severity or flow characteristics from the
predevelopment state.
(e)
The plant screening required by § 275-171 shall be placed towards the top on the residential, agricultural or municipal park side of the berm.
(f)
Any required detention/retention facilities
for stormwater control shall be located on the business/industrial
side of the berm. In no case shall a detention/retention pond be located
between the berm and the lot line which separates the business/industrial
district from the dwelling, residential or agricultural district or
municipal park.
N.
Facade materials. It is strongly encouraged that a
minimum of 75% of the facades of buildings facing onto streets consist
of glass, brick or other decorative masonry. This provision is intended
to avoid metal or cinder block construction, at least as visible from
a street. Subdividers are strongly encouraged to place such a requirement
on each lot through deed restrictions.
O.
Landscaped front yards. Within any lot submitted for
subdivision approval after the adoption date of this chapter, a maximum
of 80% of the required minimum front yard setback area shall be maintained
in landscaped green space. The intent is that the remaining 20% would
be used for driveways, fire lanes, visitor parking, handicapped parking
and walkways. Other vehicle parking is intended to primarily be placed
to the side or rear of buildings.
Q.
Loading docks. An applicant shall prove to the satisfaction
of the Township that loading docks routinely serving three or more
tractor-trailer trucks have been located within reason to seek to
minimize their visibility from dwellings, public streets and existing
and planned expressways. No new loading dock routinely served by tractor-trailer
trucks shall be located within 75 feet of the existing right-of-way
of a public street.
R.
Bikeway. The Board of Commissioners may require that
a recreational bicycle path be required to be constructed in place
of requirements for sidewalks along streets. The Board of Commissioners
may permit such bikeway be located outside of the street right-of-way
if there is a satisfactory easement.
S.
Relationship to other districts.
(1)
Where a use is required to provide a buffer yard,
berm or setback adjacent to an agricultural or residential district,
such requirement shall not apply from a CR District boundary.
(2)
A lot in the OB District may extend into another district.
Portions of a lot in the CR District may be used to count towards
meeting minimum setbacks, maximum building coverage, maximum impervious
coverage and stormwater requirements for a use in the OB District
on the same lot if:
(3)
Portions of a lot in the OB District may be used to
count towards meeting minimum buffer, minimum setbacks, maximum building
coverage, maximum impervious coverage and stormwater requirements
for a use in another district on the same lot. Portions of a lot in
the OB District may include stormwater basins and vehicle parking
to serve a use in another district. However, portions of a lot in
an OB District shall not include parking of tractor-trailer trucks
or trailers to serve a use that is not allowed in the OB District.
(4)
A lot that extends across the LI and OB Districts
may include uses allowed in the OB District on the OB portion of the
lot, and uses allowed in the LI District on the LI portion of the
lot. Therefore, for example, offices and private vehicle parking might
be placed on the OB portion of a lot, and a manufacturing facility
and trucking operations on the LI portion of that lot.
(5)
See the definition of "impervious coverage" which
generally allows common open space to meet the impervious coverage
restriction of an adjacent lot.
(6)
Wherever the abbreviation LI appears in this subsection,
it shall also apply to the LI(P) district.
