[Ord. No. 1-2020, 21, passed 6-22-2020]
In addition to serving the overall purposes of this title, this
Article 1308 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), 10603(g),
10604(1), and 10605(2), respectively.
(d)
Strengthen the local economy by promoting heritage tourism, improving
property values and increasing investment in older buildings.
[Ord. No. 1-2020, 21, passed 6-22-2020]
This Article 1308 shall apply to principal buildings located
within the Historic Overlay District that is adopted as part of this
title, as shown on the Historic Overlay District Map.[1] This Article 1308 shall only apply to a building that
was built before January 1, 1940. If a building was built in stages,
this Article 1308 shall only apply to the portion that was built before
such date. Additional properties may be added to this overlay district
in the future as a zoning ordinance amendment, after a public hearing
by City Council.
[1]
Editor's Note: Said map is included as an attachment to this
title.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(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 building within the Historic Overlay District 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; or
(2)
The denial of the demolition would result in unreasonable economic
hardship to the owner, and the hardship was not self-created; or
(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 City 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 time line for development
of that proposed use.
(d)
Evidence. The applicant shall provide sufficient credible evidence
to justify any claims that a building 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 without compliance with the demolition approval requirements
of this Article 1308 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, a building addition or a carport.
(3)
Relocation of a building within the City, provided that the
relocation does not result in a partial or complete demolition that
is regulated by this Article 1308.
(h)
Salvage. When a building within the Historic Overlay District is
proposed for demolition, the applicant shall describe efforts that
will be made, to the maximum extent feasible, to remove and preserve
significant exterior and interior historic features of the building.
Such features may be sold, may be donated to an organization that
will oversee their reuse, may be incorporated into a new building,
or may be otherwise appropriately preserved. Such preservation may
be established as a written condition of an approval.
[Ord. No. 1-2020, 21, passed 6-22-2020]
(a)
This § 1308.04 allows certain additional uses if the use would be within a principal building built before January 1, 1940, within the Historic Overlay District. 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 development of one or more dwelling units within the building.
(2)
The conversion of such a building into an office, personal service
use, restaurant, retail stores, art/custom crafts studio, financial
institution or art gallery. Any drive-through service windows shall
be placed as far as practical from the front facade of the building.
(3)
The conversion of such a building into a bed-and-breakfast inn,
college use, primary or secondary school, or a hotel.
(4)
The conversion of the building into another use that the applicant
proves to the satisfaction of the Zoning Hearing Board would be appropriate,
considering the adjacent uses, without creating hazards to the public
health and safety.
(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 building may be expanded, provided the expansion meets all of
the dimensional requirements of this title.
[Ord. No. 1-2020, 21, passed 6-22-2020]
As a special exception, the Zoning Hearing Board shall have
the authority to modify yard, coverage and other dimensional requirements
for a lot occupied by a building built before January 1, 1940, within
the Historic Overlay District, if the applicant proves to the Zoning
Hearing Board that such modifications are necessary to promote the
historic rehabilitation and adaptive reuse of such building.
