[Ord. 843, 6/19/2007, § 301]
1. For the purpose of this chapter, Huntingdon Borough is hereby divided
into the following zoning districts, with the following abbreviations:
R-C
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Residential Conservation
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R-S
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Residential Suburban
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R-U
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Residential Urban
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R-HD
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Residential High Density
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C-N
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Commercial Neighborhood
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C-D
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Commercial Downtown
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C-P
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Commercial Professional
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I-C
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Industrial Commercial District
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H
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Hospital
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CO
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College
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HD
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Historic Overlay District
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2. For the purposes of this chapter, the zoning districts named in Subsection
1 shall be of the number, size, shape and location shown on the "Official Zoning Map."
3. Overlay Districts. The floodplain area, as defined by Part
5, shall serve as an overlay district to the applicable underlying districts.
4. Purposes of Each District. In addition to serving the overall purposes
and objectives of this chapter and the Comprehensive Plan, each zoning
district is intended to serve the following purposes:
A. R-C Residential Conservation District. To provide for development
with a low average intensity in areas that include significant important
natural features, such as wetlands, creeks, flood-prone lands mid
steeply sloped areas. To vary density based upon the natural features
of the land. To protect the water quality and habitats along creeks
and around lakes, and promote groundwater recharge. To provide incentives
and a certain amount of flexibility in lot layout through conservation-oriented
development so that development can be clustered on the most suitable
portions of a tract of land, while avoiding overly intense development.
B. R-S Residential Suburban District. To provide for low density residential
neighborhoods that are primarily composed of single-family detached
dwellings. To protect these areas from incompatible uses.
C. R-U Residential Urban District. To provide for medium density residential
neighborhoods with a mix of housing types. To protect these areas
from incompatible uses. To meet requirements of state law to provide
opportunities for various housing types.
D. R-HD Residential High Density District. To provide opportunities
for a mix of housing types at a higher density. To protect these areas
from incompatible uses.
E. C-D Commercial Downtown District. To provide business opportunities
while seeking to develop a central community focus for the Borough.
To promote a pedestrian-friendly and bicycle-friendly environment.
To promote an appropriate mix of retail, service, office, public,
institutional and residential uses. To avoid heavy commercial uses
that are most likely to conflict with the historic and scenic character,
and most likely to cause conflicts with homes.
F. C-P Commercial Professional District. To provide for offices and
low- intensity business uses in locations that are adjacent to residential
neighborhoods or that are historic.
G. C-N Commercial Neighborhood District. To provide for lighter types
of commercial uses that will be compatible with nearby homes.
H. I-C Industrial Commercial District. To provide for industrial and
certain types of commercial development in a manner that is compatible
with any nearby homes and the surrounding environment. To carefully
control the types of industrial operations to avoid nuisances and
environmental hazards.
I. H Hospital District. To provide for a variety of medical and other
institutional uses and related uses, such as medical offices.
J. CO College District. To provide for a variety of educational uses
and residences.
K. HD Historic Overlay District. See §
27-312.
[Ord. 843, 6/19/2007, § 302]
1. The regulations set by this chapter shall apply uniformly to each
class or kind of structure or land, except as provided for in this
chapter.
2. 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
herein specified for the use and district in which it is located.
3. 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.
4. Boundary Change. Any territory which may hereafter become part of
the Borough through annexation or a boundary adjustment shall be classified
as the R-C Zoning District of Huntingdon Borough until or unless such
territory is otherwise classified by Borough Council.
[Ord. 843, 6/19/2007, § 303]
1. A map entitled "Huntingdon Borough Zoning Map" accompanies this chapter
and is declared a part of this chapter. 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.
2. 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 Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq. 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.
3. 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.
[Ord. 843, 6/19/2007, § 304]
1. 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, streams and railroads, and
lot lines as they existed on a recorded deed or plan of record in
the County Recorder of Deeds office 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 on unsubdivided land or where
a district boundary 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.
[Ord. 843, 6/19/2007, § 305]
1. Intent. To continue the objective of compatible land uses across
municipal boundaries.
2. 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 Huntingdon Borough regardless
of whether such abutting existing dwelling or principally residential
zoning district is located in an abutting municipality and/or in Huntingdon
Borough.
[Ord. 843, 6/19/2007, § 306]
1. For the purposes of this §
27-306, the following abbreviations shall have the following meanings:
P
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=
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Permitted by right use (zoning decision by Zoning Officer)
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SE
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=
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Special exception use (zoning decision by Zoning Hearing Board)
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C
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=
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Conditional use (zoning decision by Borough Council)
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N
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=
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Not Permitted
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=
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See Additional Requirements in § 27-402
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=
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See Additional Requirements in § 27-403
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2. Unless otherwise provided by state or federal law or specifically stated in this chapter (including §
27-106, Subsection
2), any land or structure shall only be used or occupied for a use specifically listed in this chapter as permitted in the zoning district where the land or structure is located. Such uses shall only be permitted if the use complies with all other requirements of this chapter.
See § 27-106, Subsection 2, 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 § 27-106, Subsection 2, any other principal use that is not specifically listed as P, C or SE in the applicable district in this table is prohibited in that district.
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For temporary uses, see § 27-104.
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For manufacturing uses, the types of uses listed in this section
correspond approximately to the categories of the North American Classification
System, administered by the US Department of Commerce. In case of
question about the categorization, such system shall be consulted.
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A. Allowed Uses in Primarily Residential Zoning Districts.
B. Allowed Uses in Primarily Business Zoning Districts.
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 §
27-403 and all other requirements of this chapter:
(1)
Standard antennae, including antennae used by contractors to
communicate with their own vehicles
(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
or students at a primary or secondary school or center for the care
and treatment of youth, and their occasional invited guests.
(8)
Residential accessory structure (see definition in Part
2).
(9)
Signs, as permitted by Part
7.
(10)
Swimming pool, household.
(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 permitted
by right, special exception or conditional commercial, industrial
or institutional use, provided that all requirements of this chapter
are met:
(1)
Storage of fuels for on-site use or to fuel company vehicles.
(2)
The following accessory uses, provided that the use is clearly
limited to employees, patients, residents and families of employees
of the use and their occasional invited guests:
(a)
Internal cafeteria without drive-through service.
(4)
Automatic transaction machine.
(5)
Storage sheds meeting the requirements of §
27-307, Subsection
1.
[Ord. 843, 6/19/2007, § 307]
1. 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 §§
27-402 or
27-403 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in §
27-202.
2. Height. Except as provided in §
27-802, or as specified otherwise in this chapter for a particular use, the following maximum structure height shall apply in all zoning districts:
A. Any structure that is accessory to a dwelling on a lot of less than
five acres shall have a maximum height of two stories (with the second
story limited to non-habitable storage areas) or 25 feet, whichever
is more restrictive.
B. In the R-HD and CD Districts, a maximum building height of 80 feet
shall apply, provided that no portion of a building shall exceed a
maximum height of 50 feet if it is within 80 feet of the lot line
of an existing principal dwelling in an R-S or R-U District.
C. In the CO District, the maximum building height shall be 50 feet,
except that the maximum building height may be increased by one foot
for each additional foot of setback greater than 50 feet of such building
from the lot line of an existing principal dwelling in an R-S or R-U
District. For example, if a building would be 70 feet from such lot
line, then a seventy-foot maximum building height would be allowed.
However, where an existing principal dwelling in an R-S or R-U District
is across a street or alley from a CO District, then such additional
setback shall be measured from the center line of the street or alley,
instead of from such residential lot line. In no case shall any building
in the CO District exceed a maximum height of 80 feet under this provision.
D. In the H District, a maximum building height of 100 feet shall apply,
provided that no portion of a building shall exceed a maximum height
of 50 feet if it is within 80 feet of the lot line of an existing
principal dwelling in an R-S or R-U District.
E. The maximum height for any other structure shall be three stories
or 40 feet, whichever is more restrictive.
3. Accessory Structures and Uses.
A. Accessory structures and uses shall meet the minimum yard setbacks provided for in Subsection
1, unless otherwise provided for in this chapter, including this subsection.
B. The minimum side and rear yard setback apply for a permitted detached
structure that is accessory to a dwelling shall be five feet, except
in the following cases:
(1)
The minimum side setback shall be reduced to two feet on one
side and four feet on a second side for a residential accessory building
that does not include a dwelling and that has a total floor area of
less than 600 square feet and a maximum height of one story.
(2)
A side yard setback is not 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 semidetached dwellings).
However, such structure shall still meet the minimum side yard on
a lot line where the dwellings are not attached.
(3)
A residential porch or deck that is unenclosed may extend a
maximum of 15 feet into the required rear setback. Such porch or deck
may be covered by a roof or awning. Space under an unenclosed porch
may be used for household storage. See Note D above considering front
yard setbacks.
C. No accessory building and no swimming pool shall be allowed in the
minimum front yard.
4. Rear Yard Abutting a Street. If a new principal building is constructed
with its rear lot line abutting a public street, a row of landscaping
shall be placed between such street and the rear yard, and any fencing
shall be placed on the inside of such landscaping. This requirement
shall not apply where the landscaping would interfere with required
sight distances or a vehicle driveway or garage.
5. Maximum Building Setback. In the R-U, R-HD, C-P and C-D Districts,
where a clear majority of the existing principal buildings on the
same side of a block are already developed with buildings, and where
the Zoning Officer determines that there is a clear predominant front
yard setback along such block, then if a new principal building is
proposed, the front building wall of such new building shall have
a maximum front yard building setback that is not more than five feet
larger than such predominant front yard setback. The maximum front
yard setback may be met with an attached front porch or a building
wall.
[Ord. 843, 6/19/2007, § 308]
1. Wetland Studies. It shall be the responsibility of each applicant
to determine whether land areas proposed for alteration meet the federal
or state definition of a wetland prior to submittal of development
plans to the Borough. If the Zoning Officer has reason to believe
that wetlands may be present on a site proposed for development or
subdivision, the Zoning Officer may require that the applicant provide
a suitable wetland delineation study prepared by a qualified professional.
2. Wetland and Lake Setbacks. A minimum setback of 20 feet shall be
required between any new principal building for which a building permit
is issued after the effective date of this chapter and any "wetland"
or natural lake or pond.
3. Steep Slopes. No principal building shall be constructed or placed
on an area with a natural slope of 25% or greater.
4. Setback from River/Riparian Areas. No new principal building, no
new off-street parking space and no new commercial or industrial outdoor
storage shall be allowed within 70 feet from the top of the primary
bank of the Juniata River. Where trees and other natural vegetation
is removed within this setback, it shall be replaced with new trees
and vegetation that serve the same environmental purposes.
5. Biological Diversity Area. Site designs should take into account
the protection of habitats for rare and endangered species of plants
or animals and other areas of important natural biodiversity, as identified
in the Huntingdon County Natural Heritage Inventory or the Pennsylvania
Natural Diversity Inventory.
[Ord. 843, 6/19/2007, § 309]
1. Applicability and Statement of Purpose. A PRD is an optional form of development that is allowed as a conditional use in districts provided in §
27-306. A PRD is intended to serve the purposes listed for a PRD which are provided in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
2. Provisions of State Law. All of the applicable provisions of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, that pertain to a PRD are hereby incorporated
by reference.
3. Submittal and Approval. A tentative PRD plan shall be submitted by
the applicant, reviewed by the Planning Commission, and then subject
to approval by Borough Council. A final PRD plan shall then be submitted
by the applicant, reviewed by the Planning Commission, and then be
subject to approval by Borough Council. No sale of lots or construction
of buildings shall occur until after an approved final PRD plan has
been approved by Borough Council and has been recorded, after the
applicant has proven that they have met any conditions on approval.
A. The submittal of a sketch plan is strongly encouraged.
B. A tentative plan application shall meet all of the same requirements
as would apply for the submission of a preliminary plan for a subdivision,
except for items that the Borough Council may approve to be deferred
to the final plan stage.
C. A final plan application shall meet all of the same requirements
as would apply for the submission of a final plan for a subdivision.
4. Other Requirements. A PRD shall meet all of the requirements of this chapter and Subdivision and Land Development Ordinance [Chapter
22] that are not specifically modified by this section or by state law that pertains to PRDs.
A. Any private streets shall meet the same construction requirements
as a public street. A maintenance agreement acceptable to the Borough
shall be required for any private streets.
5. Uses and Dimensional Requirements for a PRD.
A. Minimum tract area: five acres.
B. Setback of apartment buildings and parking lots of six or more vehicles
from lot lines of existing dwellings that are not within the PRD:
a minimum of 50 feet.
C. The maximum permitted overall density is six dwelling units per acre.
D. A PRD shall be limited to include single-family detached dwellings,
semidetached dwellings, townhouses, apartments and duplexes. A PRD
may also include noncommercial recreation facilities, including publicly
owned recreation areas or facilities that are primarily intended to
serve residents of the development and their invited guests. A PRD
may also include sales and rental offices and maintenance facilities
for the development.
(1)
The individual dwellings shall meet the dimensional requirements
that would apply as if the dwellings were in the R-U District.
E. Up to 25% of the total land area of a PRD may be used for commercial
uses and their related parking. Such commercial uses shall be clustered
on one part of the PRD. Such commercial uses shall be limited to the
following: retail store, financial institution, restaurant, office,
exercise club or personal service business. A PRD shall not include
sale of liquid fuel or any adult use. No one establishment shall exceed
a building floor area of 10,000 square feet. No drive-through facilities
shall be allowed, except for a financial institution.
F. The maximum building and impervious coverages shall be regulated
based upon the entire PRD after completion. Common open space may
be counted when calculating the coverage. The maximum building coverage
shall be 40% and the maximum impervious coverage shall be 50%.
G. Each dwelling unit may be owned in a condominium ownership, provided
the applicant shows that the dwelling unit could have met dimensional
requirements if it had been a fee simple lot. For example, if a five-foot
side yard is required, then the applicant shall show a ten-foot separation
between adjacent buildings.
6. PRD; Phased Development.
A. Development plans for a PRD may be submitted in phases in accordance
with the following:
(1)
The locations and approximate submittal dates for each phase
shall be clearly set forth on the plan submitted for tentative approval.
The said phasing plan may be changed at any time prior to the date
of any phase by submitting and receiving an approval from the Borough
Council on a plan setting forth a new phasing schedule.
(2)
The phases must be completed consistent with the development
phasing plan, as may be revised with approval of Borough Council.
The applicant shall prove that each phase will be able to properly
function and meet Borough requirements (such as density and open space)
if later phases would not be completed.
B. Provided the landowner has not defaulted with regard to or violated
any of the conditions of the tentative plan approval, including compliance
with landowner's aforesaid schedule of submission of final plans,
then the protections afforded by substantially completing the improvements
depicted upon the final development plan within the said five years
shall apply. For any section or sections, in which the required improvements
have not been substantially completed within the five-year period,
the aforesaid protections shall apply for an additional term or terms
of 3 years from the date of final plan approval for each section.
C. Failure to Meet Schedule. Failure of the landowner to adhere to the
aforesaid schedule of submission of final plans for the various sections,
shall subject any such sections to any and all changes in this chapter,
the subdivision and land development regulations, and any other ordinances
or plans enacted by the Borough subsequent to the date of the initial
PRD plan submission and no development or further development shall
take place on the property included in the development plan until
after a PRD would be re-approved.
D. At any time, an applicant may in writing abandon their PRD approval
for phases which have not begun construction and which are not needed
for the proper functioning of the development. In such case, the regulations
of the zoning district shall apply without modification by these PRD
provisions.
7. PRD Modifications. Specific zoning and subdivision and land development
regulations that apply to a PRD application may be modified by Borough
Council after receiving a written request from the applicant where
the applicant proves that an alternative standard would meet the same
public objective and would serve the purposes for a PRD as provided
in state law. Such modifications shall be limited to street standards,
setback requirements, sidewalk and curb standards, and technical engineering
requirements.
8. Common Open Space. A minimum of 20% of the total land area within a PRD, calculated prior to development, shall be permanently preserved as common open space. The method of ownership and maintenance of the common open space shall be approved by Borough Council as part of the PRD approval. Any later changes to the common open space ownership or use that was not part of the PRD approval shall need Borough Council approval. See the definition of "open space, common" in §
27-202.
A. Required common open space shall be preserved through a permanent
conservation easement that is enforceable by the Borough. The legal
form of the documents concerning the common open space shall be approved
by the Borough Solicitor.
B. The common open space shall be improved so that it is suitable for
its intended use, including the planting of trees and shrubs where
existing trees and shrubs will not be maintained.
C. Methods for ownership of the common open space shall utilize one
of the following: (1) dedication to the Borough for public recreation
if the Borough Council agrees in advance to accept it, (2) dedication
to a property owners association, with each owner of property within
the PRD legally required to annually fund their share of the maintenance
of the open space, (3) retention by the owner of a rental housing
development, or (4) another suitable method that is specifically approved
by Borough Council.
D. Borough Council may allow areas in another municipality that are
immediately adjacent to the PRD and Huntingdon Borough to be used
to meet a portion of the common open space requirement, provided a
permanent conservation easement enforceable by the Borough is placed
on that land.
[Ord. 843, 6/19/2007, § 310]
1. This section provides a density bonus and additional options for
a residential development that is age restricted in compliance with
the federal requirements for "housing for older persons" as specified
in the United States Code. (Note: As of 2006, such provisions were
in 42 U.S.C. § 3607).
2. In order to be approved by the Borough as a retirement village, every
dwelling unit (except units for full-time managers) on a tract of
land shall be permanently restricted by deed, by any lease and by
notes on the recorded plan to the following occupancy limitations:
(A) a minimum of one head of household of each dwelling unit shall
be age 55 years or older, or more restrictive age limits, or who has
significant physical disabilities, and (B) no person under age 18
shall live in the dwelling unit for more than 30 days in any calendar
year. The age restriction shall not apply to one dwelling of an on-site
manager. Any violation of such age restrictions shall be a violation
of this chapter. In addition, in order to be approved as a retirement
village, the applicant shall establish an appropriate legal entity,
such as a property owner association that has the duty, authority
and responsibility to enforce such age restrictions over time.
3. Dimensional Requirements. The requirements of the applicable zoning
district shall apply except for the following additional requirements:
A. Minimum tract area: four acres.
B. Setback of nonresidential buildings and parking lots of six or more
vehicles from lot lines of existing dwellings that are not within
the retirement village: a minimum of 40 feet.
C. The maximum permitted overall density is 10 dwelling units per acre,
except that the maximum overall density shall be five dwelling units
per acre for land within the R-C District. A minimum of 30% of the
total lot area within the R-C District shall be preserved in permanent
open space. For purposes of this section, any three beds that are
not within a dwelling unit shall be calculated as one dwelling unit
for the purposes of density.
D. A retirement village may include single-family detached dwellings,
semidetached dwellings, townhouses, apartments, duplexes, a nursing
home, or a personal care/assisted living center. A retirement village
may also include noncommercial recreation facilities and dining facilities
that are primarily intended to serve residents of the development
and their invited guests. A retirement village may also include administrative
offices and maintenance facilities for the development, and facilities
for support services of residents. A retirement village may also include
medical and dental offices, a financial institution and accessory
commercial service businesses that primarily serve residents, such
as a barber/beauty shop or gift shop. Fuel sales and drive-through
facilities shall be prohibited.
E. The maximum permitted height is 50 feet, provided that an additional
two feet of required building setback from the tract boundaries shall
be provided for that portion of building height exceeding 35 feet.
F. No more than 30% of the tract shall be covered with impervious surfaces.
[Ord. 843, 6/19/2007, § 311]
1. Purposes. To allow flexible development of areas with sensitive natural
features in such a way as to: (A) avoid severe soil erosion and sedimentation,
(B) avoid severely increased storm water flows and speeds, (C) steer
development to those areas that are more physically suited for it,
(D) avoid construction of steep roads that are difficult, time-consuming,
and expensive to maintain and snow plow, (E) avoid increased use of
steep roads and driveways that are dangerous to drive upon in snow
and ice, (F) to conserve forested areas that are an important part
of the ecological cycle, providing for groundwater recharge, air pollution
reduction and wildlife habitats and (G) reduce construction costs
while (H) allowing each property owner a reasonable use of their land,
related directly to the natural features and location and accessibility
of the land. In most cases, this option will encourage the preservation
of significant areas of preserved open space.
2. Applicability. This Part allows an applicant the option to reduce
the minimum lot areas on tracts of land if the applicant proves to
the satisfaction of the Borough that all of the requirements of this
section will be complied with.
A. The term "open space development" shall mean a residential development meeting the requirements of this section and which is approved as provided in §
27-306.
(1)
Uses. An open space development shall only include single-family
detached dwellings, nature preserves, Borough-owned recreation, a
golf course and their customary permitted accessory uses. A mobile/manufactured
home park shall not qualify as an open space development.
B. A tract may be eligible for approval for an open space development
if it includes a minimum of four acres of land area in common ownership.
Such land area shall be contiguous, except that portions of the tract
may be separated only by existing or proposed streets or creeks.
(1)
These provisions are intended to allow flexibility in the placement
of individual dwelling units, in order to locate homes away from important
natural areas and other community assets.
(2)
The amount of common open space shall be based upon the total
lot area of all lots within the development, prior to subdivision,
and prior to deletion of rights-of-way of future streets and before
deleting the area of any environmental features.
(a)
Areas that were preserved by a conservation or agricultural
preservation easement prior to the submittal of the subdivision shall
not be counted towards the area of the tract in calculating common
open space or allowed density.
(3)
Areas used for a principal nonresidential use (other than uses
approved by the Borough to be part of the preserved open space, such
as a recreation building) shall not be included within the land area
used to calculate residential density.
(4)
Conservation easements shall be established on lots as necessary
to make sure that the maximum density requirement is met over time.
Such conservation easements shall prevent the re-subdivision of lots
in a manner that would violate this section.
C. An open space development shall be designed as a unified, coordinated
residential development, and shall be approved within a development
plan controlled by a single development entity. After final subdivision
approval and within an approved development agreement(s), a developer
may sell individual lots to different builders or home buyers, provided
that the developer or his/her successor remains responsible for ensuring
the compliance with the approved development plan.
3. Density, Open Space and Lot Standards.
A. An open space development shall only be allowed in the R-C District
and shall need conditional use approval by the Borough Council. The
following minimum lot areas shall apply, for the following two options:
(1)
Option One. The minimum lot area shall be reduced to one acre
and the minimum lot width shall be reduced to 150 feet. A minimum
of 45% of the total lot area of the tract (prior to subdivision) shall
be preserved as common open space. The majority of the required common
open space shall be in one contiguous tract, except that it may be
separated by one street.
(2)
Option Two. The minimum lot area may be reduced to 20,000 square
feet and the minimum lot width to 90 feet. A minimum of 65% of the
total lot area of the tract (prior to subdivision) shall be preserved
as common open space. The majority of the required common open space
shall be in one contiguous tract, except that it may be separated
by one street.
(3)
Option Three. This option shall only be available if public
water and public sewage service are provided. For townhouses, the
dimensional provisions for townhouses in the R-S District shall apply.
The maximum overall density shall not exceed an average of one dwelling
unit per acre. This maximum overall density shall be calculated across
the entire development tract before subdivision and before the deletion
of land area for streets, detention basins or open space. A minimum
of 75% of the total tract area shall be maintained in common open
space. The minimum front yard shall be reduced to 10 feet if there
is no vehicle parking between the front street curb and the dwelling.
B. Utilities. Any lot of less than one acre per dwelling unit shall
be served by Borough-approved central sanitary sewerage service and
central water service.
4. Conditions for Approval. In addition to the specific requirements
of this section, an open space development shall only be approved
if the applicant proves to the satisfaction of the Borough Council,
based upon review by the Planning Commission, that the following conditions
will be met:
A. That the open space development would clearly serve a valid public
purpose that would result in a development that would be superior
to what would result if the land would be development as a conventional
development. Such valid public purposes include, but are not limited
to, the following:
(1)
The permanent preservation of dense forests, steep slopes, wetlands,
creek valleys, highly scenic areas or other sensitive natural features.
(2)
The dedication of public parkland at a site deemed appropriate
by the Borough Council and that involves land that is clearly suitable
for active and/or passive recreation.
B. The applicant shall prove that the proposed open space development
has been designed in full consideration of important natural features,
including mature woodlands, creek valleys, steep slopes and wetlands.
5. Open Space.
A. Open Space. Land within an open space development may be permanently preserved as public, semipublic or private "common open space." See definition in §
27-202 of "open space, common or preserved."
B. Open Space Standards. Any preserved open spaces shall meet all of
the following requirements:
(1)
Such open space shall be permanently deed-restricted or protected
by an appropriate conservation easement to prevent the construction
of buildings or the use for any nonagricultural commercial purposes
or the use of the land for clear-cut forestry. Land approved as required
open space shall only be used for noncommercial active or passive
recreation, a Christmas tree farm, a golf course, a nature preserve,
a wholesale plant nursery and/or Borough-approved agricultural uses.
(2)
An open space development shall still meet any recreation land dedication or recreation fee requirements that may apply under the Subdivision and Land Development Ordinance [Chapter
22].
(3)
The Borough may require the use of conservation easements within
an open space development to limit the disturbance of natural slopes
over 15%, wetlands, mature forests, creek valleys and other important
natural features.
(4)
Improvements to Open Spaces. Where open space is proposed to
be used for recreation and/or dedicated to the Borough, the application
shall include a detailed and legally binding (if approved) description
of what improvements the applicant will make to any land intended
to be publicly dedicated open space to make it suitable for its intended
purpose.
(a)
Examples of such improvements for areas intended for passive
recreation include preservation and planting of trees, development
of nature, bicycle or jogging trails, the stabilization of creek banks
and the removal of undesirable vegetation.
(b)
Examples of such improvements for areas intended for active
recreation include rough grading of land to create land suitable for
free-play fields for youth.
(5)
All proposed preserved open space shall be cleared of construction
debris, materials from illegal dumping and any rocks that were not
naturally on the land, unless those rocks are incorporated into landscaping
improvements.
(6)
The applicant shall prove that all required open space would
be suitable for its intended and Borough-approved purposes. The Borough
may require the provision of a trail easement and/or the construction
of a trail through common open space. If a developer is required to
install a trail, it shall be completed prior to the final sale of
any adjacent residential lots.
(7)
Lots and open spaces shall be located to promote pedestrian
and visual access to preserved open spaces whenever possible. A nonmotorized
recreation trail shall be shown on the plans through common open space
and shall be built by the developer prior to the sale or construction
of any adjacent homes, unless the Borough Council determines that
a trail is not appropriate in the particular situation.
C. Open Space Ownership. The method(s) to be used to own, preserve and
maintain any preserved open space shall be acceptable to the Borough.
The Borough shall only approve an open space development if the applicant
proves there will be an acceptable method to ensure permanent ownership,
preservation and maintenance of land that will not be included in
individual home lots.
(1)
The method of ownership and use of any required preserved open
space shall be determined prior to preliminary subdivision or land
development approval. The Borough should be given right of first refusal
at the time of such review to accept proposed open space as public
open space. Required open space shall be permanently preserved by
one or a combination of the following methods:
(a)
Dedication to the Borough as public open space, if the Borough
Council agrees in writing to such dedication.
(b)
Dedication to the county as public open space, if the County
Commissioners agree in writing to such dedication.
(c)
Dedication to the School District if such Board of Education
agrees in writing to accept such dedication and to use and maintain
the land for public school buildings and/or related open space.
(d)
Dedication to a homeowners association as preserved open space,
with the homeowners legally bound to pay fees for the maintenance
and other expenses of owning such land, and with such homeowners association
being incorporated with covenants and bylaws providing for the filing
of assessments and/or municipal liens for the nonpayment of maintenance
costs for preserved open space that is not publicly-owned.
1)
Such responsibilities shall be specified as part of each deed
prior to sale of each lot or dwelling unit. The Borough may delay
a dedication of maintenance responsibilities by a developer to a homeowners
association until such association is incorporated and able to maintain
such land.
(e)
Dedication of the land to an established nature conservation
organization acceptable to the Borough Council.
(f)
Dedication to the State Game Commission, State Fish and Boat
Commission or similar public agency, if such agency agrees in writing
in advance to accept the dedication and to maintain the land for public
recreation.
(g)
Retention as part of one or more private lots, with an appropriate
Borough-approved conservation easement. This clause shall only be
available in locations where the applicant proves to the Borough Council
that none of the above options are feasible or appropriate. This clause
is primarily intended for situations where less than two acres of
common open space would result (which may include a situation where
only part of a tract is being subdivided).
(2)
Legal documents providing for ownership and/or maintenance of
required preserved open space shall be reviewed by the Borough Solicitor
and be subject to approval by the Borough Council prior to recording
of the final plan.
(3)
A legally binding system shall be established to oversee and
maintain land that will not be publicly-owned that is in compliance
with state law, such as the State Planned Communities Act, 68 Pa.C.S.A.
§ 5101 et seq. Proper notations shall be required on the
recorded plan. For example, if the preserved open space is intended
to be owned by a homeowner association as recreation land, a statement
should be included that the designated open space "shall not be further
subdivided and shall not be used for the construction of any nonrecreation
buildings."
6. Steep Slopes. Within an open space development, no principal building
shall be placed on slopes of over 25%. Development shall comply with
the steep slope requirements of this chapter, which may require a
larger lot.
7. Phasing. The development shall include a phasing system that shall
be approved by the Borough Council. Such phases shall ensure that
the requirements of this Part would be met after the completion of
any one phase, and that the development could properly function without
the construction of additional phases.
8. Landscaping Plan. An application for an open space development involving
over 20 acres shall include a landscape planting and preservation
plan prepared by a registered landscape architect.
A. Such plan shall show the locations, general species and initial sizes
of landscaping to be planted within the preserved open space and throughout
the tract.
B. Such plan shall also show that existing substantial healthy trees
will be preserved to the maximum extent reasonable. The methods to
ensure preservation during construction shall be described.
C. Landscaping shall also be used as appropriate to filter views of
denser housing from any adjacent housing that is less dense.
[Ord. 843, 6/19/2007, § 312]
1. Purposes. In addition to serving the overall purposes of this chapter,
this section is intended to:
A. Promote the retention of community character through preservation
of the local heritage by recognition and protection of historic and
architectural resources.
B. Establish a clear process to review and approve demolition of designated
historic buildings.
C. Encourage continued use, appropriate rehabilitation and adaptive
reuse of historic buildings.
D. Implement §§ 603(b), 603(g), 604(1) and 605(2) of
the Pennsylvania Municipalities Planning Code, 53 P.S. §§ 10603(b),
(g); 10604(1); 10605(2), 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.
E. Strengthen the local economy by promoting heritage tourism, improving
property values and increasing investment in older buildings.
F. Utilize the traditional neighborhood development provisions of the
Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
G. Carry out recommendations of the County Comprehensive Plan, including
recommendations to preserve historic buildings and community character.
2. Applicability.
A. This section shall apply to any principal building in the HD Historic
District Overlay District, except for buildings constructed after
1945.
B. For a building regulated by this section, all of the provisions of
the applicable underlying zoning district shall also continue to apply,
in addition to the provisions of this section. In the event there
is a direct conflict between the provisions of this section and the
underlying zoning district, the provision that is most restrictive
upon development, demolition and uses shall apply.
3. General Provisions.
A. The Historic District Map is hereby made part of this chapter.
B. Any partial or complete demolition of a building regulated by this
section that is visible from a public street shall only occur in compliance
with this section.
C. The Historic Buildings Map may be revised as a Zoning Ordinance amendment.
D. Definitions. In addition to the definitions provided in §
27-202, the following terms shall have the following meanings for the purposes of this section:
DEMOLITION
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.
DEMOLITION BY NEGLECT
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.
MAINTENANCE AND REPAIR
Work that does not alter the appearance or harm the stability
of exterior features of a building.
STREETSCAPE
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.
4. Approval of Demolition of Historic Buildings.
A. A building regulated by this section shall not be demolished, in
whole or in part, unless the applicant proves by credible evidence
to the satisfaction of the Borough Council as a conditional use that
one or more of the following conditions exist:
(1)
The existing building cannot feasibly and reasonably be reused
or is structurally unsound, and that such situation is not the result
of intentional neglect or demolition by neglect by the owner.
(2)
The denial of the demolition would result in unreasonable economic
hardship to the owner, and the hardship was not self-created.
(3)
The demolition is necessary to allow a project to occur that
will have substantial public benefit that would greatly outweigh the
loss of the historic building, 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.
(4)
The demolition will result in a new building that will be a
net improvement to the historic streetscape of the district, considering
the architectural design proposed of the new building.
(5)
The building does not contribute to the historic character of
the Historic District and the streetscape.
B. For approval of a demolition, the standards of this section shall apply in place of the conditional use standards of Part
1. In reviewing the application, the Borough Council shall consider the following:
(1)
The effect of the demolition on the historical significance,
streetscape and architectural integrity of neighboring historic buildings
and on the historic character of the surrounding neighborhood.
(2)
The feasibility of other alternatives to demolition.
C. An application for partial or complete demolition of a building regulated
by this section shall not be approved unless all of the requirements
of this section 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.
D. A complete application for the demolition shall be submitted by the
applicant in writing. This application shall include the following:
(1)
The name, address and daytime telephone number of the owner
of record and the applicant for the demolition.
(2)
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.
(3)
A site plan drawn to scale showing existing buildings and the
proposed demolition.
(4)
A written statement of the reasons for the demolition.
(5)
The proposed use of the site, and a proposed timeline for development
of that proposed use.
(6)
The proposed disposition of materials. The applicant shall show
that debris will be disposed in a legal manner. Salvage of building
materials is strongly encouraged to preserve historic features.
E. Procedures. 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.
F. Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building cannot feasibly be repaired
or reused.
G. Emergency. The Zoning Officer may issue a permit for the demolition
without compliance with this section if the Construction Official/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.
H. Exceptions. Conditional use approval shall not be needed for the
following:
(1)
Demolition of access my structures that are not an integral
part of the principal building.
(2)
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).
(3)
Removal of features that were added after 1945, such as a modern
porch or aluminum siding or carport.
(4)
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.
5. Demolition by Neglect (see definition above).
A. Every property owner of a building regulated by this section shall
repair and maintain the building to avoid demolition by neglect. The
Zoning Officer or Construction Official/Building Inspector may require
any unoccupied building shall be properly sealed and secured to prevent
decay from the elements and vandalism.
B. Every property owner of a building regulated by this section 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, chimney,
cornice, soffit, fascia, spouting, columns, beams, posts, window sills,
door sills and lintels.
C. If a property owner fails to comply with an order from the Construction
Official/Building Inspector to repair a building regulated by this
section to correct a code violation that threatens the structural
integrity of a building, such matter shall be considered a violation
of this chapter.
[Ord. 843, 6/19/2007, § 313]
The following advisory guidelines should be considered in the
design of new construction, additions and exterior alterations, particularly
in the Historic District, R-U, R-H D, C-N, C-D and C-P Districts.
Some of these features may be required by other sections of this chapter
in specific cases:
A. 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.
B. New construction should have a front yard setback that is similar
to adjacent older buildings.
C. Modern additions and features should be placed towards the rear of
the property.
D. New construction should have rooflines that are similar to adjacent
older buildings. Flat roofs should be avoided, except when a decorative
cornice is used. 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.
E. On sides visible from a street, new construction should use building
materials that are similar to appearance of older buildings, such
as decorative masonry or materials with a similar appearance.
F. 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. Parking. See §§
27-601, Subsection
2, and
27-602, Subsection
6, which allow some flexibility in parking requirements. Shared parking among property owners and businesses in the Historic District is encouraged where adequate parking spaces exist for shared usage. Landscaping, brick walls or similar features should be used to buffer parking lots from streets.
H. Existing Buildings and New Construction. There should be a balance
of the retention of existing buildings and quality new construction
so as to retain a sense of historic continuity and increased vitality.
Every effort should be made to identify, save and reuse older buildings
and to find appropriate reuses. Avoid demolition and new construction
where important buildings are removed or the visual continuity of
the area is disrupted. Typical "franchise brand" facades should be
modified in such a way as to become compatible with the Borough's
historical background.
I. Continuity of Street-Front Activity. Uninterrupted continuity of
pedestrian-related uses and activities should be encouraged along
main streets, particularly in areas of present activity. Outward street
orientation with storefronts, entrances and windows relating to the
street, rather than an inward focus away from the street, should be
emphasized in new building. Street-oriented parking lots, blank building
faces and non-pedestrian-related uses should be discouraged along
major pedestrian streets.
J. Lighting. Adequate lighting shall be provided for security, but in
a manner that does not generate glare. Light fixtures should be visually
in keeping with the character of the Historic District. The luminaire
itself (such as in a floodlight) should not be visible from a street
or sidewalk.
K. Pedestrians. Pedestrian traffic should be separated from major vehicle
routes developments shall be designed in such a way as to be inviting
for pedestrian traffic. The development should not be surrounded by
parking lots and driveways, but should be placed on the site in such
a way that it relates to adjacent properties and public right-of-ways.
L. Guidelines for Construction. Buildings, particularly along pedestrian-oriented
streets, should respect the continuity and character of existing block
fronts.
(1)
Height. Buildings should be constructed to a height compatible
with existing surrounding buildings. Single story buildings should
be avoided unless they have the appearance of a two-story building
when viewed from the front on the street.
(2)
Width and Proportion. The width and proportion of buildings-the
relationship of a building's width to its height-should be similar
to, and compatible with, existing surrounding buildings along the
street. When larger buildings are proposed, they should be articulated
so that the major elements of the facade reflect the width and proportion
of the surrounding buildings.
(3)
Relationship to Street. Buildings should have setbacks to the
street consistent with nearby buildings. Buildings shall be located
to front towards and relate to public streets, both functionally and
visually, to the greatest extent possible. Buildings shall not be
oriented to front toward a parking lot.
(4)
Street Level Vitality. The street level of buildings should
be the primary orientation and access for pedestrians and provide
continuity of visual interest. A pedestrian entrance and display windows
should be provided along the front along main streets.
(5)
Roof Forms. The roofs of buildings should be consistent with
and similar to surrounding buildings in type and shape. This particularly
includes use of pitched roofs or cornices along the front where such
features are common.
(6)
Proportion of Openings. The size and proportion, or the ratio
of width to height, of window and door openings should be similar
and compatible with those in surrounding facades.
M. Signs and Awnings. Various signs on a property should be coordinated.
Internally illuminated signs should be avoided. Signs should not cover
architectural details. Overly bright, revolving or flashing lights
and internally illuminated plastic signs should be avoided. Awnings
can, in many instances, be a visual asset to a building and provide
continuity along a block front. Awnings can also provide weather protection
for pedestrians and be energy-efficient. The use of awnings should
be carefully coordinated with each building so as to be compatible.
The front panel of an awning may be used for a sign provided the sign
image is integrated with the awning.
N. Porches. Existing older porches should be maintained and new porches
should be considered on the front of new buildings.
O. Site Features. Parking areas, garages or storage buildings (particularly
the prefabricated metal type) should not be built near the front or
in areas visible from the street.
P. Fences. Chain-link metal fences should be avoided in the front yard.
Picket or ornamental fences are encouraged. Solid wooden or vinyl
plank fences should be placed in rear and side yards only. Highway-style
metal guide rails should not be used.
Q. Utilities. New utilities should be placed underground. Where that
is not practical, they should be placed in less visible parts of the
site. For example, new utility lines should be extended from the rear
of the property instead of the front.
R. Building Walls. Buildings should avoid long, monotonous, uninterrupted
wall or roof planes. A wall surface should be no longer than 100 feet
without a break. Building wall offsets, including both projections
and recesses, and changes in floor elevation should be used in order
to add architectural interest and variety, and relieve the visual
effect of a single, long wall. Blank walls, loading docks and service
areas visible from the front from a street are discouraged. Windowless
building walls are discouraged. Where the construction of a windowless
wall is necessary, such wall should be articulated by the provision
of blank window openings trimmed with frames, sills, and lintels,
or by using recessed or projecting display window cases if the building
is occupied by a commercial use. Ground floor retail, service and
restaurant uses should have large pane display windows on the ground
level.
S. HVAC. Commercial HVAC systems should be screened from view from the
front of a lot using walls, fencing, roof elements or landscaping.
Noise or odor producing ventilation equipment should be placed as
far away from dwellings as is feasible.
T. Fire Escapes. New exterior fire escapes should not be constructed
on the front facade of a building.
U. Security Gates. Solid metal security gates or solid roll-down metal
windows should be avoided. Link or grill type security devices should
be permitted only if installed from the inside, within the window
or door frames; or, if installed on the outside, if the coil box is
recessed and concealed behind the building wall. Security grilles
should be recessed and concealed during normal business hours. Models
that provide a sense of transparency are encouraged.
V. Rendering. An architectural rendering or elevations should be prepared
and become part of the submission to show the exterior design of the
front facade of any proposed new principal nonresidential building.