[Added 3-1-1993 by Ord. No. 93-02]
In addition to the general goals listed in the
statements of purposes and community development objectives, it is
the purpose of this article to protect historic buildings and areas
within Birmingham Township which reflect the architectural and historical
heritage of the Township and to promote the general welfare, education
and culture of the Township by encouraging an interest in its historical
heritage. Hence, this article provides for certain commercial activities
in buildings situated within an area of the Township used for commerce
in colonial days or before 1820, and, as authorized by Act 167 of
1961, as amended, 53 P.S. § 8001 et seq., and as authorized
by Sections 604 and 605 of the Municipalities Planning Code, 53 P.S.
§§ 10604 and 10605, this article requires that certain
procedures be followed for determining the appropriateness of the
erection, reconstruction, alteration, restoration, demolition, razing
or relocation of any building within the C-H District before any such
action shall be undertaken.
Only those parcels of land and uses which comply
with the following regulations shall be considered as possible sites
or uses:
A.
The proposed use shall be compatible with the preservation
and protection of areas and buildings of unique and historic interest
in the Township and with commercial purposes consistent with their
historic significance and early use.
B.
No use shall be permitted which produces objectionable
influences, such as traffic congestion or fire hazard.
C.
The initial application, after issuance of the required
certificate of appropriateness, shall include a site layout, typical
floor plan and landscaping plans, as well as an engineering plan showing
the proposed method of water runoff control and type of sewage treatment.
D.
A schematic drawing shall be supplied indicating the
areas required for loading and unloading. A statement shall accompany
this which indicates the manner and frequency of use of such facilities.
A.
Uses permitted by right. A building may be erected,
altered or used and a lot or premises may be used, by right, for any
of the following purposes and for no other:
(1)
Offices and/or financial institutions.
(2)
Gift, art, craft and antique shops.
(3)
Retail stores with floor area limited to under 2,000
square feet for any one store.
(4)
Colonial inns for eating and drinking.
(5)
Personal service shops.
(6)
Museum, library or other educational, cultural or
philanthropic use of a similar nature.
(7)
Municipal building or community center.
(8)
Cottage industries, such as blacksmith, tinsmith,
plumber, cabinetmaker and similar trades.
B.
Uses permitted by special exception. Any of the following uses shall be permitted as a special exception when authorized by the Zoning Hearing Board, subject to the standards of Article XXI of this chapter:
C.
Uses permitted by conditional use. Any of the following uses shall be permitted as a conditional use, when authorized by the Board of Supervisors, subject to the standards and procedures set forth herein and in § 122-119; provided, however, that the conditional use procedure herein specified shall be in lieu of and not in addition to special exception procedures:
[Added 9-22-1997 by Ord. No. 97-18[1]]
(1)
Banquet facility as an accessory use pursuant to § 122-54D(2).
(2)
Any combination of two or more separate uses authorized
in this district by right, by special exception or by conditional
use on a single lot.
D.
Accessory uses. The following accessory uses shall
be permitted:
[Amended 9-22-1997 by Ord. No. 97-18]
(1)
Accessory uses customarily associated with the permitted
commercial uses.
(2)
Banquet facility as a conditional use pursuant to § 122-54C(1), provided that it is incidental to and operated in conjunction with the permitted use of a colonial inn for eating and drinking.
(3)
School or educational center for instruction in cooking,
culinary arts, cake decorating, home decorating, flower arrangement,
arts and crafts or entertainment and etiquette skills, provided that
such use is incidental to and operated in conjunction with the permitted
use of a colonial inn for eating or drinking.
E.
Limitations of use. The following limitations shall
be applied to any use permitted in this district:
[Amended 9-22-1997 by Ord. No. 97-18]
(1)
No lot in this district shall be allowed to deteriorate
in appearance due to weeds, erosion or accumulation of unsightly objects.
(2)
No use which would normally be conducted indoors,
such as eating or drinking, shall occur on any lot within the open
space, parking areas or locations not normally utilized for eating
and drinking.
F.
Certificate of appropriateness. No person shall commence any work for the erection, reconstruction, alteration, restoration, demolition or razing of any building or structure located in whole or in part within the Historic-Commercial Overlay (C-H) District without first obtaining a certificate of appropriateness with respect thereto from the Board of Supervisors, in accordance with the requirements and procedures set forth in Chapter 61, Historic Districts.
[Amended 3-1-1993 by Ord. No. 93-02; 9-22-1997 by Ord. No. 97-18]
A.
Lot area. Every lot shall have a net lot area of not
less than 4,500 square feet.
[Amended 4-10-2000 by Ord. No. 00-06]
B.
Lot width and frontage. Each lot shall have a width
not less than 50 feet at the building line and shall have frontage
on a major street or highway of not less than 50 feet.
C.
Lot coverage. Not more than 50% of the net lot area
of each lot may be occupied by buildings, paved surfaces or other
impervious cover.
[Amended 4-10-2000 by Ord. No. 00-06]
D.
Front yard. There shall be a front yard of not less
than 10 feet from the street line, within which no structures shall
be situated.
E.
Side yards. There shall be side yards of not less
than 10 feet, within which no buildings shall be situated.
F.
Rear yard. There shall be a rear yard of not less
than 20 feet, within which no buildings shall be situated.
G.
Accessory buildings. All accessory buildings shall
be located in conformance with the yard requirements herein specified.
H.
Height restrictions. No building or structure shall
exceed two stories or 35 feet in height.
I.
Not less than 50% of the net lot area shall be maintained
as green space.
[Added 12-15-2003 by Ord. No. 03-07]
The following shall be applicable to all uses:
