A.
For the purposes of this chapter, Spring Grove Borough is hereby
divided into the following zoning districts, with the following abbreviations:
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LDR
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Low-Density Residential District
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TR
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Town Residential District
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V
|
Village District
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GC
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General Commercial District
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I
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Industrial District
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B.
For the purposes of this chapter, the zoning districts named in this
section shall be of the number, size, shape and location shown on
the Official Zoning Map.
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)
LDR - 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; to promote
traditional patterns of development to extend the best features of
older development into newer development; and to include the permanent
preservation of significant open space as part of larger new developments.
(2)
TR - Town Residential District : to provide for medium-density residential
neighborhoods with a mix of housing types; 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; and to make sure that infill development is
consistent with neighboring development.
(3)
V - Village District: to promote pedestrian-oriented commercial activities;
to promote an appropriate mix of retail, service, office, public,
institutional and residential uses; to avoid heavy motor vehicle-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; and to primarily provide for smaller-scale
uses that utilize existing historic buildings, as opposed to uses
that would involve substantial demolition.
(4)
GC - General Commercial District : to provide for a wide range of
commercial uses, including motor vehicle-related uses that are prohibited
in other areas of the Borough.
(5)
I - Industrial District: to provide for a range of industrial uses;
to recognize that there are no appropriate locations within the Borough
of Spring Grove for the heaviest types of industrial uses, because
of the proximity of homes to all areas of the Borough, the locations
of creeks and other important natural features, the importance of
preserving historic buildings, the congestion of the street system
and the very limited amounts of undeveloped land; and to carefully
control the types of industrial operations to avoid nuisances (such
as excessive noise) and hazards.
A.
The regulations set in this chapter shall apply uniformly to each
class or kind of structure or land, except as provided for in this
chapter.
B.
No structure shall hereafter be erected, used, constructed, reconstructed,
structurally altered or occupied and no land shall hereafter be used,
developed or occupied unless it is in conformity with the regulations
in this chapter 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 in this chapter. Lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
D.
Any territory which may hereafter become part of the Borough through
annexation or a boundary adjustment shall be classified as the LDR
Zoning District of Spring Grove Borough until or unless such territory
is otherwise classified by Borough Council.
A.
A map entitled "Spring Grove Borough Zoning Map" is appended to the
Zoning Ordinance and is declared a part of this chapter. The Official
Zoning Map of the Borough of Spring Grove with the words "Official
Zoning Map" shall be retained in the Borough offices.
B.
Changes to the boundaries and districts of the Official Zoning Map
shall only be made in conformity with the amendment procedures specified
in the PA Municipalities Planning Code.
C.
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 Official 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 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.
It is the intent of the Borough 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 Spring Grove Borough regardless
of whether such abutting existing dwelling or primarily residential
zoning district is located in an abutting municipality and/or in Spring
Grove.
A.
For the purposes of this section, the following abbreviations shall
have the following meanings:
P = Permitted by right use (zoning decision by Zoning Officer)
SE = Special exception use (zoning decision by Zoning Hearing
Board)
C = Conditional use (zoning decision by Borough Council)
N = Not permitted
See additional requirements in § 400-21
See additional requirements in § 400-22
B.
Unless otherwise provided by law or specifically stated in this chapter (including § 400-4B), 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.
C.
Except as provided in § 400-4B, any use that is not specifically listed as P, C or SE in the applicable district in this table[2] is prohibited in that district.
[2]
Editor's Note: Said table is included as an attachment to this chapter.
F.
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 § 400-22, and all other requirements of this chapter:
(1)
Standard antennas, including antennas used by contractors to communicate
with their own vehicles;
(2)
Fence or wall;
(3)
Garage, household;
(4)
Garage sale [see § 400-22D(5)];
(5)
Keeping of pets;
(6)
Off-street parking or loading, 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;
(10)
Swimming pool, household; or
(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.
G.
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:
[1]
Editor's Note: The Table of Permitted Uses is included as an attachment to this chapter.
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 §§ 400-21 or 400-22 or another section of this chapter. See definitions of terms in § 400-10.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included as an attachment to this chapter.
B.
Height. The following height provisions shall apply unless specifically
stated otherwise for a specific use:
(1)
The maximum height for structures shall be 2.5 stories or 40 feet,
whichever is more restrictive, except as follows:
(a)
A maximum height of four stories or 50 feet, whichever is more
restrictive, shall apply in the I and V Districts. This maximum height
shall be increased to six stories or 120 feet, whichever is more restrictive,
within the Industrial District, if the portion of the building that
is taller than 50 feet will have a minimum setback from a residential
district boundary that is equal to the building height. Therefore,
if a building is 100 feet high, it shall be setback at least 100 feet
from any residential district.
(b)
Structures that are accessory to dwellings shall have a maximum
height of 1.5 stories (with the 1/2 story limited to nonhabitable
storage areas) or 25 feet, whichever is more restrictive.
C.
Lot area without public sewage and water services. If a lot will
not be served by both public sewage service and public water service
prior to occupancy of any principal building, then a minimum lot area
of one acre shall apply.
A.
Purposes. This optional form of development is primarily intended
to:
(1)
Encourage new development to occur in a manner that will be consistent
with the traditional patterns and scale of development and mix of
uses that occurred in Spring Grove Borough before 1946;
(2)
Promote a mix of diverse but compatible types of neighborhood development;
(3)
Avoid development that would be inconsistent with the character of
the community, and could cause inefficient patterns of sprawled development;
(4)
Encourage a blending of recreation areas, preserved natural features,
compatible institutional uses, and a mix of housing at a medium density,
including housing intended to be affordable to middle-income persons;
(5)
Provide for reasonably safe and convenient pedestrian, bicycle and
vehicle circulation, with an emphasis on avoiding conflicts between
vehicles backing out of garages across sidewalks;
(6)
Encourage persons to live, work, shop, attend religious services
and enjoy recreation within Spring Grove Borough;
(7)
Encourage the creation of a sense of place, feelings of belonging
and a community spirit that promotes social interaction and volunteerism;
and
(8)
Encourage the location of places of worship and other principal nonresidential
uses with distinguished architectural features at prominent locations
around a central commons, to serve as a focal point for the development.
B.
Master plan for a traditional neighborhood development.
(1)
A traditional neighborhood development shall be limited to the LDR
and TR Zoning Districts and shall need conditional use approval from
Borough Council, after review by the Planning Commission. As part
of the conditional use application, the applicant shall submit an
overall master plan. Such master plan shall show a conceptual coordinated
land use, road, stormwater and infrastructure system for all adjacent
lands owned, equitably owned or otherwise controlled by the applicant,
as opposed to a single phase of development.
(2)
The overall master plan shall show proposed streets, alleys, cartway
widths, lots, common open spaces, recreation areas, major pedestrian
and bicycle pathways, parking areas, major detention basins and proposed
types of housing and nonresidential uses. The master plan is intended
to be similar to what is commonly termed a "sketch plan." The master
plan is not required to include all of the detailed submission requirements
that will later be required for a subdivision/land development plan.
(a)
An applicant may voluntarily submit a preliminary subdivision
or land development plan at the same time as a conditional use application,
and thereby have the conditional use application be considered during
a time period that overlaps with review and approval of the subdivision
or land development plan.
(3)
Once conditional use approval is granted for the traditional neighborhood development, then individual lots may be submitted for approval under Chapter 350, Subdivision and Land Development, and allowed uses may occur as permitted by right uses, provided the lots and uses comply with the approved master plan.
(4)
If the Zoning Officer determines that a zoning or subdivision or
land development application represents a significant divergence from
the approved master plan, then the master plan shall be changed to
conform to the application, and the amended master plan shall need
new conditional use approval. However, the Zoning Officer may permit
minor deviations from the master plan, without needing a second conditional
use approval, if the differences are minor changes that do not affect
zoning or subdivision ordinance matters, such as adjustments in street
alignments and detention basin designs to reflect more detailed engineering.
(5)
All other requirements of this chapter and other chapters of the
Code shall apply to a cluster/traditional neighborhood development,
except for provisions that are specifically modified by this section.
C.
Overall requirements. Conditional use approval shall be granted for
a traditional neighborhood development only if the applicant proves
that the following minimum requirements will be met, in addition to
other applicable Borough requirements:
(1)
The existing street system shall be extended into the new development.
Streets shall be interconnected through the development. The use of
a traditional grid street system divided into blocks is encouraged,
with modifications for natural features. The community should have
a central focal point, such as a central recreation area. Streets
or trails should lead towards this focal point. A cul-de-sac shall
be permitted only where the applicant proves that there are no feasible
alternatives. Street linkages shall be provided to allow connections
with future phases of development or adjacent tracts. Where direct
street access is not practical between two areas, then the Borough
Council may require the provision of bicycle and pedestrian access
using an easement.
(2)
A minimum of 60% of the principal residential buildings shall include
a front door accessing onto an unenclosed front porch with a minimum
floor area of 60 square feet. Such porch shall be covered by a permanent
roof. Such porch shall not be enclosed in the future.
(3)
Within a traditional neighborhood development, dwelling units shall not have garages or carports with entrances within 40 feet of the street right-of-way that face onto the front of the lot, and shall not have off-street vehicle parking spaces between the street and the dwelling, except within a landscaped parking court as provided below. No off-street vehicle parking, garage or carport shall be permitted within five feet from the right-of-way of an alley. However, on-street parallel parking may be approved along an alley pursuant to Subsection H.
(a)
However, a maximum of 10% of the lots within a subdivision may
have a front entry garage without needing a 40 feet setback if the
applicant proves to the satisfaction of Borough Council as part of
the conditional use approval that such front entry garage is unavoidable
to make a reasonable use of the land.
(b)
If the Zoning Hearing Board should grant a variance to this Subsection C(3), then the minimum lot width shall be increased as a condition of the variance, to prevent the majority of the front yard from being covered by paving.
(c)
All streets and alleys shall have a right-of-way, whether public
or private. The right-of-way for a private street or alley shall be
the width of the cartway from curb to curb; or if no curbs are provided,
the width of the cartway plus all berms or parking areas.
(d)
See Subsection H which allows on-street parking to be counted towards off-street parking requirements under certain conditions. Vehicle parking, carports and garages shall be placed to the rear or side of principal buildings, preferably with rear or side access. The following alternative methods of providing parking are permitted and encouraged:
[1]
A rear landscaped shared parking court or shared carport structure;
[2]
Detached rear garages or rear individual parking pads accessed
from alleys;
[3]
Detached rear garages or rear individual parking pads or side-entry
garages accessed from a driveway running along the side of the dwelling
from the front, with such driveway having the minimum possible width
within the front yard;
[4]
Decks built extending over attached rear garages; or
[5]
A landscaped shared parking court connected to a street or alley,
provided that parked vehicles do not need to back out onto a through
street, and provided that all paving is setback a minimum of 25 feet
from any dwelling.
(e)
If driveways pass through the front of the lot (such as to reach
detached rear garages), then driveways of abutting dwellings shall
abut each other to allow the driveway on each lot to be more narrow
than would otherwise be possible. However, each property owner shall
still be responsible for their own half of the driveway, and each
half shall be wide enough to allow a passenger car to travel on each
lot. For this purpose, the side setback requirement shall be waived.
(4)
No principal building shall include a flat roof as viewed from street.
Significant roof pitches and variations in roof lines are specifically
encouraged.
(5)
Sidewalks shall be provided along both sides of each street.
(6)
The only dwellings that shall be located adjacent to or across the
street from single-family detached dwellings that existed at the time
of adoption of this chapter shall be new single-family detached dwellings.
(7)
Alleys shall be designed to discourage through traffic.
(8)
All streets and alleys, whether public or private, shall be constructed
to the same road bed construction standards as would apply to a public
street within the Borough.
(a)
Alleys shall have a minimum paved width of 10 feet if serving
one-way traffic and 14 feet if serving two-way traffic. Additional
width shall be required if any parallel parking is provided. The right-of-way
for an alley shall be at least two feet wider than the cartway on
each side.
(b)
If the Borough does not agree in advance to accept dedication
of alleys, they shall be maintained by a legally binding homeowners'
association.
(9)
New streets shall be sufficient in width to allow on-street parking
along at least one side of each street.
(10)
One or more prominent sites in the development are encouraged
to be used for an allowed principal nonresidential use, such as a
place of worship. The conditional use approval for the traditional
neighborhood development may specifically allow for two or more alternative
uses for a particular site to allow a developer with reasonable flexibility
to attract different uses.
(11)
The applicant shall provide evidence that they have contacted
the provider of public transit services and school bus services to
coordinate the development with any proposed bus stops. Borough Council
may require the provision of a bus shelter.
(12)
The applicant shall install streetlights meeting minimum requirements
of the Borough and the electric provider. Such streetlights shall
be of sturdy construction, decorative design, be dark in color (such
as black, dark gray or dark green), and have a maximum total height
of 25 feet.
(13)
In the event that there are any public or community improvements,
or private streets or alleys, or a homeowners' associates, then the
Borough shall require and approve appropriate covenants and/or maintenance
agreements which shall include enforcement provisions, authorizing
the Borough to provide required maintenance at the expense of individual
owners if the association fails to do so, and providing for the imposition
of municipal liens in such event.
D.
Allowed uses.
(1)
The following uses shall be permitted by right within a cluster/traditional
neighborhood development after the development has received conditional
use approval, provided all uses are consistent with the master plan
approved as part of the development:
(a)
Crop farming or orchards;
(b)
Christmas tree farm or plant nursery, with retail sales limited
to plants primarily grown on the premises;
(c)
Nature preserve, publicly owned recreation uses or Borough owned
uses;
(e)
Customarily accessory uses to allowed principal uses;
(f)
Group home within a lawful existing dwelling unit;
(g)
Single-family detached dwellings;
(h)
Twin dwellings, side-by-side, with each dwelling on its own
lot or a condominium lot;
(i)
Townhouses, with each dwelling on its own lot or a condominium
lot, which shall be limited to the TR District;
(j)
Places of worship*;
(k)
Public transit passenger shelters;
(l)
Libraries* and museums*;
(n)
Nursing home* or assisted living/personal care center*, which
shall not exceed 20% of the total tract area of the development, and
which shall be limited to the TR District;
(o)
Offices* which shall be limited to the TR District;
(p)
Meeting facility for a membership club*; and
(q)
Bed-and-breakfast inn with a maximum of 20 guest rooms*.
* NOTE: These uses shall only be permitted adjacent to one single
central commons recreation area within a traditional neighborhood
development or within 500 feet of the right-of-way of Main Street.
Uses adjacent to the central commons shall have their main pedestrian
entrance facing the central commons. It is encouraged that these uses
be placed as close to Main Street as may be practical. No outdoor
storage shall be permitted.
(3)
Allowed commercial uses and related parking shall not occupy more
than 10% of the total lot area of the development.
E.
Common open space.
(1)
A minimum of 30% of the total lot area of the tract shall be permanently preserved as common open space. This requirement shall apply in place of any requirement for recreation land or fees in Chapter 350 of the Code, Subdivision and Land Development. A landscaping plan for the common open space should be prepared by a registered landscape architect.
(2)
All or part of the common open space shall be provided within at
least one central commons unless in discretion of Borough Council
determines not practical or appropriate. The majority of any central
commons shall be planted so as to eventually result in a canopy of
deciduous trees over areas of the commons that are not planned for
active recreation. Any central commons shall include benches of durable
construction and pathways. Pathways should include decorative materials,
such as brick, paving block or patterned concrete.
(3)
Stormwater detention basins and drainage channels shall not be used
to meet the minimum common open space requirements, except for areas
that the applicant proves to the satisfaction of Borough Council would
be able to be attractively maintained and be reasonably dry and usable
for recreation during storms less severe than a five-year storm.
(4)
Areas with a width less than 50 feet shall not be used to meet the
minimum common open space requirements. The applicant shall provide
evidence that a suitable legally binding method to own and maintain
the common open space will be established. The Borough may require
that the common open space be dedicated to the Borough. However, the
Borough shall be under no obligation to accept ownership of the common
open space. The Borough may require that a formal homeowners' association
be established, with all homeowners legally bound to pay fees to maintain
the land. Borough Council, at its option, may also approve alternative
methods of ownership, such as ownership as a horse riding academy
or Christmas tree farm.
(5)
In any case, the common open space shall be protected from subdivision
and development of buildings by a permanent conservation easement
enforceable by Borough Council.
(6)
If applicable, a draft set of homeowners' association or condominium
association provisions shall be submitted for legal acceptance by
the Borough Solicitor prior to recording of the final subdivision
plan.
F.
Dimensional requirements. The minimum lot widths stated below shall
be measured at both the proposed principal building setback line and
the street right-of-way line, except that the width at the street
right-of-way line may be reduced by 20% around curves in a street.
(6)
Building setbacks for principal buildings**, except as modified by § 400-50 (along a street, minimum yards shall be measured from the proposed right-of-way):
(a)
Front or side setback from a local or collector street: minimum
10 feet, maximum 30 feet.
(b)
Any setback from an arterial street: minimum 30 feet.
(c)
The minimum setback shall apply to the front of an unenclosed
front porch. The maximum setback shall apply to the front of the actual
enclosed principal building.
(d)
Side setback: minimum five feet each. For each detached principal
building, the total of both side setbacks shall be a minimum of 15
feet. Each twin dwelling unit shall have one side setback, and a side
setback shall be required for each end townhouse unit. For a detached
building, one side setback wider than the other to allow wider use
by the residents of the larger side setback and/or to provide for
a side driveway to rear parking.
(e)
Rear setbacks: minimum 25 feet. However, if shown as part of
the approved subdivision plan creating the lot, then attached garages
may have a rear setback of 15 feet.
(g)
Off-street vehicle parking spaces shall not be allowed in any
front yard.
** NOTE: In place of individual lots meeting these dimensional
requirements, an applicant may choose to utilize a condominium form
of ownership. In such case, the lots shall be laid out so that the
dimensional and coverage requirements would be met. However, the actual
lot lines do not need to be legally established.
(7)
Parking setback. No parking area of five or more spaces shall be
located within 30 feet of a contiguous lot line of an existing dwelling.
(8)
Maximum overall density. The maximum overall density of the traditional
neighborhood development shall be determined as follows, as calculated
in acres (and decimals):
(a)
Start with the total land area of the development tract, after
deleting existing rights-of-way of existing streets.
(e)
Multiply the resulting acreage by five dwelling units per acre
in the LDR District and 10 dwelling units per acre in the TR District
to result in the maximum number of permitted dwelling units within
the development.
(f)
For the purposes of determining density, every three nursing
home or personal care beds shall be considered equal to one dwelling
unit.
(g)
This method of calculating density does not require the deletion
of stormwater detention basins, shared parking areas, new streets,
new common recreation areas, new alleys or similar features. Therefore,
the actual density achieved pursuant to this subsection could be higher
than five or 10 dwelling units per acre.
(9)
The applicant shall establish and record covenants controlling the
overall styles and site layouts within the development. Such provisions
shall control the styles of architecture, rooflines and the exterior
materials in such as manner as to replicate the best features of pre-1946
architecture.
(a)
Such provisions shall be prepared by a registered architect
and be provided to the Borough in writing.
(b)
Such provisions shall not be designed to require excessive uniformity
in design, nor to restrict home purchasers to a single design, but
instead to encourage high-quality design with a consistent character.
G.
Landscaping and street trees. See § 400-51. A grass strip of four feet minimum shall be provided to accommodate street trees between the curb and the sidewalk, unless an alternative location for street trees is specifically approved by the Borough. Areas that are between the dwelling and the street curb and that are not used for approved sidewalks shall be maintained in a vegetative ground cover and landscaping. A minimum of one deciduous street tree shall be required for an average of each 50 feet of street frontage. The site design of a traditional neighborhood development shall carefully consider and maximize the preservation of existing healthy attractive trees with a trunk width of six inches or more at a height of 3.5 feet above the ground level.
H.
Parking incentive. An applicant may meet a maximum of 50% of the
off-street parking space requirements for each dwelling unit by counting
on-street spaces parallel to the curb along a local street or along
an alley. This provision shall be permitted only:
(1)
For spaces along the same side of a street along curb that is directly
contiguous to the set of lots being served, or a new alley within
a traditional neighborhood development, and provided the spaces are
within 200 feet of each dwelling they serve; and
(2)
If the applicant proves to the satisfaction of Borough Council that
the street or alley would be sufficiently wide to allow the parking,
and that there are no unusual safety hazards involved, compared to
typical on-street parking at other locations;
(3)
If the applicant proves that such number of parking spaces could
be legally accommodated along the street, considering the locations
of driveways, fire hydrants and street corners; and
(4)
In such case, the cartway shall be of sufficient width to allow travel
lanes of 11 feet in each direction.
I.
Design controls and maintenance. The applicant shall submit a written
statement of the proposed substance of deed restrictions or similar
controls that would affect matters addressed in this chapter.
Under the authority of Article VII-A and other sections of the Pennsylvania Municipalities Planning Code, and to carry out the Borough Comprehensive Plan, the following additional requirements shall apply within the V Village Zoning District:
A.
New building placement. If a new principal building is proposed on
a lot that abuts Main Street in the V District, then the majority
of the front wall of such building shall have a maximum front setback
of 25 feet, and no new off-street parking spaces on the lot shall
be placed between the principal building and Main Street.
B.
Any principal commercial building shall have a primary pedestrian
entrance and windows along Main Street if the building is adjacent
to that street. If desired for security purposes, the windows may
be display windows or have curtains in front of an interior wall,
without the windows opening directly to the inside of the building.
C.
Height. If a new principal building is constructed adjacent to Main
Street, it shall have two or more aboveground stories, or shall be
constructed with an appearance of having two or more aboveground stories.
Such appearance may utilize parapet walls, fake windows and similar
design features.
D.
Demolition waiting period for older buildings.
(1)
Purposes: to provide a mechanism to discourage thoughtless and unnecessary
destruction of valuable historic resources; to provide a mechanism
that allows interested parties an opportunity to encourage a property
owner to consider alternatives to demolition, such as sale to another
person, movement of the building or rehabilitation; to provide opportunities
for historic resources to be documented before they may be demolished,
and allow historic features to be salvaged before demolition.
(2)
This § 400-19D shall apply to any principal building in the V Zoning District that the Zoning Officer has reason to believe was primarily constructed prior to January 1, 1940.
(3)
No building regulated by this § 400-19D shall be partially or entirely demolished unless a minimum of 80 days has passed from the date a complete valid permit application has been duly submitted to the Borough staff for the demolition. After such time period, the permit may be issued by the Borough for the demolition if all requirements of Borough ordinances have been met.
(4)
The Zoning Officer may issue a permit for the demolition immediately
if the person responsible for enforcement of the Borough Building
Code[1] certifies, in writing, that the building represents a
clear and immediate hazard to public safety, and that no other reasonable
alternative exists to immediate demolition.
(5)
This subsection shall not regulate:
(a)
Interior renovations nor removal of features (such as a rear
porch) that are not necessary to support the principal building and
that are not visible from a public street or adjacent public sidewalk;
(b)
Removal of features that were added to the building after its
original completion, such as a modern porch or aluminum siding.
