Bethlehem requires a zoning permit from the Bureau of Code Enforcement for any fence installation as part of general zoning compliance under Article 1318 (height, location, sight triangle, materials). Pennsylvania's Uniform Construction Code (34 Pa. Code Ch. 401-405) exempts residential fences six feet and shorter from a separate UCC building permit, but Bethlehem's local zoning permit still applies. Pool barrier fences must additionally meet the PA UCC-adopted ISPSC 2018, regardless of permit type.
Bethlehem layers two permit tracks for fences. (1) Zoning permit: the Bureau of Code Enforcement (City Hall, 10 East Church Street) issues a zoning permit confirming the fence complies with Article 1318 - the seven-foot height cap in Β§Β§ 1318.13, 1318.15, and the rear-yard rule; the corner sight-triangle restriction in Β§ 1318.06; and the historic-district overlays applicable to South Bethlehem Historic Conservation District and other designated areas under Article 1310 (which trigger Bethlehem Historic Conservation Commission (BHCC) or Historic Architectural Review Board (HARB) review before any visible exterior alteration). The permit application typically requires a scaled site plan showing the lot, structures, and proposed fence location with distances to property lines, the proposed height and material, the property owner's signature, and a permit fee set by the Council fee schedule. (2) UCC permit: Pennsylvania's Uniform Construction Code, codified at 34 Pa. Code Ch. 401-405, generally exempts residential fences six feet and shorter from a separate UCC building permit (this is the well-known statewide exemption for low fences). Fences taller than six feet, or pool-barrier fences (which must comply with the International Swimming Pool and Spa Code adopted by Pennsylvania), require a UCC building permit from the City's Building Code Official. Bethlehem's local zoning permit is independent and applies even where the UCC exempts the structure. Where the fence is on a shared boundary, Bethlehem does not require neighbor consent, but Pennsylvania common-law partition-fence principles impose separate civil obligations on cost-sharing - the City permit does not resolve those private disputes.
Building a fence without the required zoning permit is a violation of Article 1318 enforced by the Zoning Officer. Stop-work orders, removal orders, and fines under 53 P.S. Β§ 37403 (up to $1,000 per day) apply. Retroactive permitting is typically allowed but often at a doubled fee.
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