A.
For the purposes of this chapter, Catasauqua Borough
is hereby divided into the following zoning districts, with the following
abbreviations:
[Amended 6-1-2009 by Ord. No. 1238; 8-1-2016 by Ord. No. 1335]
|
Abbreviation
|
Name of District
| |
|---|---|---|
|
CN
|
Conservation District
| |
|
R-1
|
Low Density Residential District
| |
|
R-2
|
Medium Density Residential District
| |
|
R-3
|
High Density Residential District
| |
|
DC
|
Downtown Commercial District
| |
|
GC
|
General Commercial District
| |
|
TC
|
Town Center District
| |
|
WOD
|
Waterfront Overlay District
| |
|
W
|
Waterfront District
| |
|
O
|
Office District
| |
|
IO
|
Light Industrial/Office District
| |
|
A
|
Airport District
| |
|
INS-1
|
Institutional-1 District
| |
|
INS-2
|
Institutional-2 District
|
C.
Overlay districts. The Floodplain Area, as defined by Article V, shall serve as an overlay district to the applicable underlying districts.
D.
Purposes of each district. In addition to the overall
purposes and objectives of this chapter and the Comprehensive Plan,
the purposes of each zoning district are summarized below:
(1)
R-1 Low Density Residential District: To provide for
low density residential neighborhoods that are primarily composed
of single-family detached dwellings; to protect these areas from incompatible
uses; to encourage owner-occupancy and neighborhood stability.
(2)
R-2 Medium Density Residential District: To provide
for medium density residential neighborhoods; to protect these areas
from incompatible uses; to encourage "one home on one lot" (which
may be attached to another home) in order to promote home ownership
and neighborhood stability; to make sure that "infill" development
is consistent with neighboring development.
(3)
R-3 High Density Residential District: To provide
for high density residential neighborhoods with a mix of housing types;
to protect these areas from incompatible uses.
(4)
DC Downtown Commercial District: To promote pedestrian-friendly
commercial activities; to promote an appropriate mix of retail, service,
office, public, institutional and residential uses; to avoid heavy
auto-related commercial uses that are most likely to conflict with
nearby homes and the pedestrian-orientation, and which are most likely
to cause demolition of historic buildings.
(5)
CG General Commercial District: To provide for a wide
range of commercial uses, including heavier commercial uses than are
allowed in the Downtown Commercial District.
(6)
TC Town Center District: To provide for a wide range
of commercial uses, offices, services and light industrial uses; to
encourage coordinated exterior and interior traffic access, coordinated
signs, and shared parking.
(a)
Waterfront Overlay District: To provide for
mixed-use development along the Lehigh River and the Lehigh Canal,
which serves to revitalize and enhance adjoining properties while
maintaining the essential neighborhood character of the Borough.
[Added 11-7-2005 by Ord. No. 1189]
(7)
O Office District: To provide for office uses as a
transitional use between residential and industrial/airport uses.
(8)
IO Industrial/Office District: To provide for industrial
uses; to carefully control the types of industrial operations to avoid
nuisances (such as excessive noise) and hazards.
(9)
A Airport District: To provide for a range of airport
uses, related uses and industrial uses, particularly in land areas
that can be accessed from the interior road system of the airport
or from major highways.
(10)
INS-1 Institutional-1 District: To provide for
schools, nursing homes and similar institutional uses on a tract of
five or more acres in a campus-type setting, in accordance with Attachment
2.[1]
[Amended 6-1-2009 by Ord.
No. 1238]
[1]
Editor's Note: Attachment 2 is included at the end of this chapter.
(11)
INS-2 Institutional-2 District: To provide for the adaptive reuse
of former institutional buildings and grounds on tracts of less than
five acres for schools, community centers and other similar institutional
uses, dormitories for schools, nursing homes, apartments, live-work
units, offices, cafes, conference centers, hotels, exercise club/fitness
centers/gymnasiums, green areas, pedestrian plazas and parks, public
parking garages, or a combination thereof, in accordance with Attachment
2.[2]
[Added 6-1-2009 by Ord.
No. 1238]
[2]
Editor's Note: Attachment 2 is included at the end of this chapter.
(12)
W Waterfront District: To provide for the adaptive reuse and/or
demolition of industrial buildings and reuse of industrial land through
development which is planned or coordinated in such a manner as to
make use of environmentally challenged land in a mixed-use form of
development consisting of retail, commercial and residential opportunities,
consistent with the goals of downtown and community revitalization.
It is intended that development in this zoning district reflect the
historical character of the Borough and augment the municipal and
public facilities to be constructed by the Borough. To accomplish
these goals, a measure of flexibility is provided to an applicant
proposing mixed-use development with respect to dimensional standards,
unified development standards, design standards and procedures of
the Zoning Ordinance, as well as opportunities for bonuses, such as
density bonuses and building coverage bonuses, all as deemed appropriate
by Borough Council following review and comment by the Planning Commission.
[Added 8-1-2016 by Ord.
No. 1335]
A.
The regulations set by this chapter shall apply uniformly
to each class of uses or structures within each district, except as
provided for in this chapter.
B.
No structure shall hereafter be erected, used, constructed,
reconstructed, demolished, razed, moved, placed, altered or occupied
and no land shall hereafter be used, developed or occupied unless
it is in conformity with the regulations herein specified for the
use and district in which it is located.
C.
No yard or lot existing at the time of passage of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
D.
Boundary change. Any territory which may hereafter
become part of the Borough through annexation or a boundary adjustment
shall be classified as the R-1 Zoning District of Catasauqua Borough
until or unless such territory is otherwise classified by Borough
Council.
A.
A map entitled "Catasauqua Borough Zoning Map" accompanies
this chapter and is declared a part of this chapter.[1] The Official Zoning Map, which should bear the adoption
date of this chapter and the words "Official Zoning Map," shall be
retained in the Borough Building.
[1]
Editor's Note: The current Catasauqua Borough
Zoning Map is on file in the Borough offices.
B.
Map changes. Changes to the boundaries and districts
of the Official Zoning Map shall only be made in conformity with the
amendment procedures specified in the Municipalities Planning Code.
All changes should be noted by date with a brief description of the
nature of the change, either on the map or within an appendix to this
chapter.
C.
Replacement map. If the Official Zoning Map becomes
damaged, destroyed, lost or difficult to interpret because of changes
and additions, or needs to have drafting errors or omissions corrected,
Borough Council may, by resolution, adopt a new copy of the Official
Zoning Map which shall supersede the prior Official Zoning Map. Unless
the prior Official Zoning Map has been lost or has been totally destroyed,
the prior map or any remaining parts shall be preserved together with
all available records pertaining to its previous adoption or amendment.
The following rules shall apply where uncertainty
exists as to boundaries of any district as shown on the Zoning Map:
A.
District boundary lines are intended to follow or
be parallel to the center line of street rights-of-way, creeks, railroads
and lot lines (according to official county records) as they existed
at the time of the adoption of this chapter, unless such district
boundary lines are fixed by dimensions as shown on the Official Zoning
Map.
B.
Where a district boundary is not fixed by dimensions
and where it approximately follows lot lines, such boundary shall
be construed to follow such lot lines unless specifically shown otherwise.
C.
The location of a district boundary that divides a
lot shall be determined by the use of the scale appearing on the Zoning
Map unless indicated otherwise by dimensions.
D.
Where a municipal boundary divides a lot, the minimum
lot area shall be regulated by the municipality in which the principal
use(s) are located, unless otherwise provided by applicable case law.
The land area within each municipality shall be regulated by the use
regulations and other applicable regulations of each municipality.
A.
Intent. To continue the objective of compatible land
uses across municipal boundaries.
B.
This chapter requires additional setbacks and the
provision of buffer yards when certain uses would abut an existing
dwelling or a residential zoning district. These same additional setback
and buffer yard provisions shall be provided by uses proposed within
Catasauqua Borough regardless of whether such abutting existing dwelling
or primarily residential zoning district is located in an abutting
municipality and/or in Catasauqua.
A.
For the purposes of this § 280-25, the following abbreviations shall have the following meanings as listed in Attachment 2 at the end of this chapter.
[Amended 6-1-2009 by Ord. No. 1238]
B.
Unless otherwise provided by law or specifically stated in this chapter (including § 280-5B), any land or structure shall only be used or occupied for a use specifically listed in this chapter as allowed in the zoning district where the land or structure is located. Any use shall only be permitted if it complies with all other requirements of this chapter.
(2)
See § 280-5B, which generally provides a process for approval of a use that is not listed, based upon similarity to permitted uses and other criteria. Except as provided in such § 280-5B, any other principal use that is not specifically listed as "P," "C" (if conditional uses would be used) or "SE" in the applicable district in this table is prohibited in that district.
C.
Permitted accessory uses in all districts. An accessory use of a dwelling is only permitted if such use is customarily incidental to the residential use and is specifically permitted by this chapter. The following are permitted-by-right as accessory uses to a lawful principal use in all districts, within the requirements of § 280-30 and all other requirements of this chapter:
(1)
Standard antennae, including antennae used by contractors to communicate with their own vehicles. (See standard in § 280-30.)
(3)
Garage, household.
(6)
Parking or loading, off-street, only to serve a use
that is permitted in that district.
(7)
Recreational facilities, limited to use by residents
of a development, and their occasional invited guests.
(11)
Such other accessory use or structure that the
applicant proves to the satisfaction of the Zoning Officer is clearly
customary and incidental to a permitted-by-right, special exception
or conditional principal use.
D.
Permitted accessory uses to business and institutional
uses. The following are permitted-by-right accessory uses only to
a lawful principal commercial, industrial or institutional use, provided
that all requirements of this chapter are met:
A.
The following area, yard and building requirements shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by §§ 280-29 or 280-30 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 280-19.
B.
Height. The following height provisions shall apply
unless specifically stated otherwise for a specific use:
(1)
The maximum height for structures shall be three stories
or 35 feet, whichever is more restrictive, except as follows:
(a)
Structures that are accessory to dwellings shall
have a maximum height of one story (with the top story limited to
nonhabitable storage areas) or 15 feet, whichever is more restrictive.
(c)
Within the TC, DC or GC Districts, a principal
building may have a maximum height of five stories or 60 feet, whichever
is more restrictive.
C.
Residential accessory structure setbacks.
(1)
A three-foot-wide minimum side and rear yard setback
shall apply for a permitted detached structure that is accessory to
a dwelling, except:
(a)
In no case shall a vehicle garage be setback
less than five feet from the cartway of an alley.
(b)
Structures shall not obstruct minimum sight
clearance at intersections.
(c)
No setback is required for a structure that
is accessory to a dwelling from a lot line along which two dwellings
are attached (such as a lot line shared by twin dwellings).
(2)
A residential porch or deck that is open along sides
not attached to the principal building may extend into a required
side or rear building setback. See Note E in the Table of Dimensional
Requirements[2] adopted under § 280-26A above concerning front yard setbacks. However, if a deck or porch is covered by a roof or is raised an average of more than five feet above the ground level, then the deck or porch shall meet the minimum side yard and shall be setback a minimum of 15 feet from a rear lot line. A setback is not required where two buildings are attached to each other along a lot line. Space under an unenclosed porch may be used for household storage.
[2]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
[1]
Editor's Note: The Table of Dimensional Requirements is included at the end of this chapter.
A.
Purposes. In addition to serving the overall purposes
of this chapter, this section is intended to:
(1)
Promote the retention of community character through
preservation of the local heritage by recognition and protection of
historic and architectural resources;
(2)
Establish a clear process to review and approve demolition
of designated historic buildings;
(3)
Encourage continued use, appropriate rehabilitation
and adaptive reuse of historic buildings;
(4)
Implement Sections 603(b), 603(g), 604(1) and 605(2)
of the Pennsylvania Municipalities Planning Code,[1] which address protecting and facilitating the preservation
of historic values through zoning and using zoning to regulate uses
and structures at or near places having unique historic, architectural
or patriotic interest or value;
[1]
Editor's Note: See 53 P.S. §§ 10603,
10604 and 10605.
(5)
Strengthen the local economy by promoting heritage
tourism, improving property values and increasing investment in older
buildings;
(6)
Utilize the traditional neighborhood development provisions
of the Pennsylvania Municipalities Planning Code; and
(7)
Carry out recommendations of the Borough Comprehensive
Plan, including recommendations to preserve historic buildings and
community character.
B.
Applicability.
(1)
This § 280-27 shall apply to any principal building within a Historic District as shown on the Zoning Map. This § 280-27 shall not apply to a building or building addition that the Zoning Officer knows was built after 1940. The applicant may provide evidence to the Zoning Officer that a building was built after 1940.
(2)
For a building regulated by this § 280-27, all of the provisions of the applicable underlying zoning district shall also continue to apply, in addition to the provisions of this § 280-27. In the event there is a direct conflict between the provisions of § 280-27 and the underlying zoning district, the provision that is most restrictive upon development, demolition and uses shall apply.
C.
General provisions.
(2)
The Historic Districts on the Zoning Map may be revised
by Borough Council as a zoning ordinance amendment.
(3)
DEMOLITION
DEMOLITION BY NEGLECT
MAINTENANCE AND REPAIR
STREETSCAPE
Definitions. In addition to the definitions provided in § 280-19, the following terms shall have the following meanings for the purposes of this § 280-27:
The dismantling, tearing down, removal or razing of the exterior
of a building, in whole or in part. This term shall not include changes
to the interior of a building, provided such changes do not alter
the structural integrity of the building.
The absence of routine maintenance and repair which leads
to structural weakness, decay and deterioration in a building to a
point that causes a need for major repair or may cause a need for
demolition.
Work that does not alter the appearance or harm the stability
of exterior features of a building.
The overall appearance of a block along a public street,
including yards visible from a public street, the relationship of
building setbacks, the consistency of architectural styles or features,
the spacing and shapes of windows and doors and rooflines and similar
features that give the block its distinctive visual character.
D.
Approval of demolition of building regulated by § 280-27.
(1)
A building regulated by this § 280-27 shall not be demolished, in whole or in part, unless the applicant proves by credible evidence to the satisfaction of the Zoning Hearing Board as a special exception use that one or more of the following conditions exists:
(a)
The existing building cannot feasibly and reasonably
be reused, and that such situation is not the result of intentional
neglect or demolition by neglect by the owner; or
(b)
The denial of the demolition would result in
unreasonable economic hardship to the owner, and the hardship was
not self-created; or
(c)
The demolition is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of the building regulated by § 280-27, and the project needs to occur at this location (for example, a demolition may be needed for a necessary expansion of an existing public building or to allow a street improvement that is necessary to alleviate a public safety hazard); or
(d)
The existing building has no historical or architectural
significance and the demolition will not adversely impact upon the
streetscape. To meet this condition, the applicant may present information
concerning the proposed design of any replacement building or use
to show that the proposed building or use will result in a net improvement
to the streetscape.
(2)
(3)
An application for partial or complete demolition of a building regulated by this § 280-27 shall not be approved unless all of the requirements of this § 280-27 have been met. A partial demolition shall include, but not be limited to, removal of an attached porch roof, removal of porch columns and removal of architectural features. See definition of "demolition" above.
(4)
A complete application for the demolition shall be
submitted by the applicant in writing. This application shall include
the following:
(a)
The name, address and daytime telephone number
of the owner of record and the applicant for the demolition.
(b)
Recent exterior photographs of the building
proposed for demolition. If the applicant is alleging that the building
cannot be reused or rehabilitated, then interior photos and floor
plans shall be provided as needed to support the applicant's claim.
(c)
A site plan drawn to scale showing existing
buildings and the proposed demolition.
(d)
A written statement of the reasons for the demolition.
(e)
The proposed use of the site, and a proposed
timeline for development of that proposed use.
(5)
Procedures. The demolition application shall be submitted
to the Zoning Hearing Board for consideration as a special exception
use. The applicant shall be informed of meeting dates where the application
is intended to be discussed and encouraged to be present to discuss
the proposed demolition.
(6)
Evidence. The applicant shall provide sufficient credible
evidence to justify any claims that a building cannot feasibly be
repaired or reused. The following types of expert testimony and documentation
are encouraged to be provided: a property appraisal, income and expense
statements for the property, a written estimate of the costs of rehabilitation
by a qualified contractor, a written report from a professional engineer
regarding the structural soundness of the building, testimony concerning
efforts to market the property over time, information regarding the
applicant's purchase price of the building, and similar relevant information.
(7)
Self-created conditions. The conditions that justify the proposed demolition of a building regulated by this § 280-27 shall not have been self-created by the applicant. These conditions include, but are not limited to:
(8)
The Zoning Officer may require any unoccupied building
shall be properly sealed and secured to prevent decay from the elements
and vandalism.
(9)
Emergency. The Zoning Officer may issue a permit for the demolition without compliance with this § 280-27 if the Building Inspector certifies in writing that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
(10)
Exceptions. Special exception use approval shall
not be needed for the following:
(a)
Demolition of accessory buildings or structures.
(b)
Interior renovations or removal of features
(such as a rear porch) that do not harm the structural stability of
the building and that are not visible from a public street (not including
an alley).
(c)
Removal of features that were added after 1940,
such as a modern porch or aluminum siding or carport.
(d)
Relocation of a building within the Borough,
provided that the relocation does not result in a partial or complete
demolition that is regulated by this section.
E.
Demolition by neglect (see definition above).
(1)
Every property owner of a building regulated by this § 280-27 shall repair and maintain the building to avoid demolition by neglect.
(2)
Every property owner of a building regulated by this § 280-27 shall properly repair and maintain the building to maintain the structural integrity of the building and to protect the building and attached features from damage from the elements. The attached features that shall be protected, repaired and maintained include the roof, cornice, columns, beams, posts and lintels.
(3)
If a property owner fails to comply with an order from the Building Inspector to repair a building regulated by this § 280-27 to correct a code violation that threatens the structural integrity of a building, such matter shall be considered a violation of this § 280-27E and the property owner may also be cited for a violation of this chapter.
F.
Guidelines. The following advisory guidelines should
be considered in the design of new construction, additions and exterior
alterations in a block with historic buildings. Some of these features
may be required by other sections of this chapter in specific cases.
(1)
Vehicle parking and any garage doors should be placed
to the rear of buildings as opposed to between buildings and the street.
Where rear parking is not practical, then parking should be provided
to the side of a building. Where a driveway needs to enter from the
front, the garage should be setback further from the street than the
house, and the driveway should be as narrow as practical through the
front yard.
(2)
New construction should have a front yard setback
that is similar to adjacent older buildings.
(3)
Modern additions and features should be placed towards
the rear of the property.
(4)
New construction should have rooflines that are similar
to adjacent older buildings. Flat roofs should be avoided. Where a
pitched roof is not practical, then the roof should at least appear
to have angles and a pitch when viewed from the street.
(5)
On sides visible from a street, new construction should
use building materials that are similar to appearance older buildings,
including brick and stone. Modern building materials are available
that have a historic appearance, such as artificial stone.
(6)
Where existing older buildings have a certain horizontal
or vertical orientation, that orientation should be continued in new
construction. Where existing older buildings have a certain spacing
of windows and doors, similar spacing (and similar sizes of windows
and doors) should be continued in new construction. Blank walls without
door and window openings should be avoided along a street.
G.
Additional uses allowed within a building regulated by § 280-27.
(1)
This § 280-27G allows certain additional uses if the use would be within a rehabilitated principal building built before December 31, 1940, that is within a Historic District.
(2)
The following additional use shall be allowed within a building regulated by § 280-27 in any zoning district:
(3)
To be eligible for these uses, the applicant shall
prove the following to the satisfaction of the Zoning Hearing Board
that a registered architect with substantial experience in the rehabilitation
of historic buildings provides a written certification that the exterior
of the building as visible from public streets will be historically
rehabilitated in conformance with the Secretary of the Interior's
Standards for Historic Rehabilitation, and accompanying guidelines
published by the National Park Service, and that any exterior repairs,
alterations and additions visible from a public street will be in
conformance with such standards and guidelines.
(4)
Plans shall be submitted showing the design and materials
of any exterior changes to the building that are visible from a public
street.
