In addition to serving the overall purposes of this chapter, this Article VIII 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. 
Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings;
C. 
Implement Sections 603(b), 603(g), 604(1) and 605(2) of the Pennsylvania Municipalities Planning Code,[1] which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value; and
[1]
Editor's Note: See 53 P.S. §§  10603(b) and (g), 10604(1) and 10605(2).
D. 
Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings.
This Article VIII shall apply to principal buildings located within the HB Historic Buildings Overlay District that were built before January 1, 1940. The HB Historic Buildings Overlay District shall apply to all lots within the Borough of Ephrata. If a building was built in stages, this Article VIII shall only apply to the portion that was built before such date.
A. 
Demolition shall be defined as 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. A partial demolition shall mean: 1) removal of exterior portions of a building; or 2) removal of original exterior architectural features, such as, but not limited to, an attached porch roof, porch columns, cornices, exterior window details or similar features.
B. 
A principal building that was built before January 1, 1940, shall not be demolished, including any partial demolition, unless the applicant proves to the satisfaction of the Zoning Hearing Board as a special exception use that one or more of the following conditions exists:
(1) 
The existing building cannot feasibly and reasonably be reused, and that such situation is not the result of intentional neglect or demolition by neglect by the current owner or a person who owned the property within the previous two years;
(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 specific development or transportation project to occur that will have substantial and unusual public benefits that will greatly outweigh the loss of the building (such as the establishment or expansion of a major employer, or the development or expansion of a needed community facility); or
(4) 
The design of the replacement building will result in a net improvement to the streetscape.
C. 
Application. Prior to conducting a complete or partial demolition, a complete application for such work shall be submitted by the applicant in writing, and such demolition shall need prior approval under this article. After a complete application has been filed, it shall be forwarded to the Borough Planning Commission members, and the Commission should be allowed an opportunity to provide a review at a meeting. 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.
D. 
Evidence. The applicant shall provide sufficient credible evidence to justify any claims that a building regulated by this chapter cannot feasibly be repaired or reused. The Zoning Hearing Board may require that an applicant submit a written and signed report or in-person testimony by a qualified professional and/or written cost estimates from bona fide contractors to support a claim.
E. 
Emergency. The Zoning Officer shall issue a zoning permit for the demolition of a building regulated by this article without compliance with the demolition approval requirements of this Article VIII if the Construction Codes Official certifies in writing that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
F. 
Replacement. Where new construction or vehicle parking is proposed in place of the demolished building, information about the proposed use shall be provided prior to approval of the demolition.
G. 
Exceptions. Special exception use approval shall not be needed for the following:
(1) 
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 improvements that are only visible from a rear or side alley of less than 14 feet cartway).
(2) 
Removal of features that were added after January 1, 1940, such as a modern porch, aluminum siding or a carport.
(3) 
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 Article VIII.
A. 
This § 319-34 allows certain additional uses if the use would be within a principal building built before January 1, 1940, that abuts Main Street or State Street. If the use is already allowed as a permitted-by-right use in the zoning district, it shall continue to be permitted by right. The following additional uses shall be allowed as special exception uses within such a building:
(1) 
The conversion of such a building into an office, personal service use, art/custom crafts studio or art gallery. Drive-through service shall not be allowed if a use is approved under this provision.
(2) 
The conversion of such a building into a bed-and-breakfast inn.
B. 
To be eligible for these uses, the applicant shall first submit architectural plans to the Zoning Officer and the Zoning Hearing Board showing the extent of changes proposed to the exterior of the front of the building as viewed from a public street that are proposed as part of the change of use and/or any building expansion.
C. 
The application shall meet all of the requirements of Borough ordinances. The building may be expanded, provided the expansion meets all of the dimensional requirements of this chapter.