A. 
For the purposes of this chapter, Walnutport Borough is hereby divided into the following zoning districts, with the following abbreviations:
RC
Recreation/Conservation District
R-1
Low-Density Residential District
R-2
Medium-Density Residential District
R-3
High-Density Residential District
TC
Town Center District
TCB
Town Commercial/Business District
GC
General Commercial District
I
Industrial District
B. 
For the purposes of this chapter, the zoning districts named in Subsection A shall be of the number, size, shape and location shown on the Official Zoning Map. Any use of the abbreviations listed in Subsection A shall mean the district name that is listed beside the abbreviation.
C. 
Overlay districts. The Floodplains and Steep Slopes Areas, as defined by Article VI, 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) 
RC Recreation Conservation District: to provide primarily for the conservation and enhancement of recreation and conservation areas.
(2) 
R-1 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.
(3) 
R-2 Medium-Density Residential District: to provide for medium-density residential neighborhoods; 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; to make sure that development is consistent with neighboring development.
(4) 
R-3 High-Density Residential District: to provide for higher-density residential neighborhoods with a mix of housing types; to protect these areas from incompatible uses.
(5) 
TC Town Center District: to provide for mixed uses, including residential and public uses, and select commercial uses and businesses; to promote pedestrian-friendly commercial activities; to avoid heavy auto-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.
(6) 
TCB Town Commercial/Business District: to provide for compatible commercial activities; to avoid heavy auto-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.
(7) 
GC General Commercial District: to provide for a wide range of commercial uses, including heavier commercial uses than are allowed in the Downtown Commercial District.
(8) 
I Industrial District: to provide for industrial uses and select commercial uses/businesses. To carefully control the types of industrial operations to avoid nuisances (such as excessive noise) and hazards.
A. 
The regulations set by this chapter shall apply uniformly to each class of uses or structures within each district, except as provided for in this chapter.
B. 
No structure shall hereafter be erected, used, constructed, reconstructed, demolished, razed, moved, placed, 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.
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 herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
D. 
Boundary change. Any territory which may hereafter become part of the Borough through annexation or a boundary adjustment shall be classified as the R-1 Zoning District of Walnutport Borough until or unless such territory is otherwise classified by Borough Council.
A. 
A map entitled "Walnutport 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.
B. 
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 Municipalities Planning Code. 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.
C. 
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.
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, creeks, railroads and lot lines (according to official county records) 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. 
Intent. 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 Walnutport Borough regardless of whether such abutting existing dwelling or primarily residential zoning district is located in an abutting municipality and/or in Walnutport.
A. 
The Table of Permitted Uses by District is included at the end of this chapter.
B. 
Unless otherwise provided by law or specifically stated in this chapter (including § 450-8B), 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.
(1) 
This table is divided into two sections:
(a) 
Primarily residential districts; and
(b) 
Primarily nonresidential districts.
(2) 
See § 450-8B, 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 § 450-8B, 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.
(3) 
For temporary uses, see § 450-6.
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 § 450-35 and all other requirements of this chapter:
(1) 
Standard antennas, including antennas used by contractors to communicate with their own vehicles. (See standard in § 450-35.)
(2) 
Fence or wall. (See standards in § 450-35.)
(3) 
Garage, household.
(4) 
Garage sale. (See standard in § 450-35.)
(5) 
Pets, keeping of. (See standard in § 450-35.)
(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, and their occasional invited guests.
(8) 
Residential accessory structure (see definition in Article III). (See standard in § 450-35.)
(9) 
Signs, as permitted by Article VIII.
(10) 
Swimming pool, household. (See standard in § 450-35.)
(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 lawful principal 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, students and families of employees of the use and their occasional invited guests:
(a) 
Internal cafeteria without drive-through service;
(b) 
Day-care center; or
(c) 
Recreational facilities.
(3) 
Bus shelters meeting § 450-35.
(4) 
Automatic transaction machine.
(5) 
Storage sheds meeting the requirements of § 450-31A.
The Table of Dimensional Requirements in Each District is included at the end of this chapter.
A. 
The area, yard and building requirements in the Table of Dimensional Requirements in Each District shall apply for the specified zoning district, unless a more restrictive requirement for a specific use is required by § 450-34 or 450-35 or another section of this chapter. All measurements shall be in feet unless otherwise stated. See definitions of terms (such as lot width) in § 450-24.
B. 
Height. The following height provisions shall apply unless specifically stated otherwise for a specific use:
(1) 
The maximum height for structures shall be 35 feet, except as follows:
(a) 
Structures that are accessory to dwellings shall have a maximum height of 15 feet.
(b) 
See also § 450-61, Height exceptions.
(c) 
Within the TC or GC Districts, a principal building may have a maximum height of 60 feet.
C. 
Residential accessory structure setbacks.
(1) 
A three-foot-wide minimum side and rear yard setback shall apply for a permitted detached structure that is accessory to a dwelling, except:
(a) 
In no case shall a vehicle garage be set back less than five feet from the cartway of an alley.
(b) 
Structures shall not obstruct minimum sight clearance at intersections.
(c) 
No setback is 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 twin dwellings).
(2) 
A residential porch or deck that is open along sides not attached to the principal building may extend into a required side or rear building setback. (NOTE: An unenclosed front porch may intrude into the front yard by up to a maximum of 10 feet. Such front porch may be covered by a roof.) However, if a deck or porch is covered by a roof or is raised an average of more than five feet above the ground level, then the deck or porch shall meet the minimum side yard and shall be set back a minimum of 15 feet from a rear lot line. A setback is not required where two buildings are attached to each other along a lot line. Space under an unenclosed porch may be used for household storage.
(3) 
See § 450-35 for swimming pools. See § 450-35 for fences and walls.
A. 
Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:
(1) 
Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and architectural resources;
(2) 
Establish a clear process to review and approve demolition of designated historic buildings;
(3) 
Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings;
(4) 
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;
[1]
Editor's Note: See 53 P.S. §§ 10603(b), 10603(g), 10604(1) and 10605(2), respectively.
(5) 
Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings;
(6) 
Utilize the traditional neighborhood development provisions of the Pennsylvania Municipalities Planning Code; and
(7) 
Carry out recommendations of the Borough Comprehensive Plan, including recommendations to preserve historic buildings and community character.
B. 
Applicability.
(1) 
This section shall apply to principal building within the historic areas or any historic building as shown on the Historic Areas and Historic Buildings Map. This section shall not apply to a building or building addition that the Zoning Officer knows was built after December 31, 1936. The applicant may provide evidence to the Zoning Officer that a building was built after 1936.
(2) 
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.
C. 
General provisions.
(1) 
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.
(2) 
The historic areas and historic buildings on the Historic Areas and Historic Buildings Map may be revised by Borough Council as an amendment to this chapter.
(3) 
Definitions. In addition to the definitions provided in § 450-24, 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.
D. 
Approval of demolition of building regulated by this section.
(1) 
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 Zoning Officer that one or more of the following conditions exists:
(a) 
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 owner;
(b) 
The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created;
(c) 
The demolition is necessary to allow a project to occur that will have substantial, special and unusual public benefit that would greatly outweigh the loss of the building regulated by this section, 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; or
(d) 
The existing building has no historical or architectural significance and the demolition will not adversely impact upon the streetscape. To meet this condition, the applicant may present information concerning the proposed design of any replacement building or use to show that the proposed building or use will result in a net improvement to the streetscape.
(2) 
For approval of a demolition, the standards of this section shall apply. In reviewing the application, the Zoning Officer shall consider the following:
(a) 
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.
(b) 
The feasibility of other alternatives to demolition.
(3) 
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.
(4) 
A complete application for the demolition shall be submitted by the applicant in writing. This application shall include the following:
(a) 
The name, address and daytime telephone number of the owner of record and the applicant for the demolition.
(b) 
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.
(c) 
A site plan drawn to scale showing existing buildings and the proposed demolition.
(d) 
A written statement of the reasons for the demolition.
(e) 
The proposed use of the site, and a proposed timeline for development of that proposed use.
(5) 
Procedures. The demolition application shall be submitted to the Zoning Officer.
(6) 
Evidence. The applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused. The following types of evidence and documentation are encouraged to be provided: a property appraisal, income and expense statements for the property, a written estimate of the costs of rehabilitation by a qualified contractor, a written report from a professional engineer regarding the structural soundness of the building, evidence concerning efforts to market the property over time, information regarding the applicant's purchase price of the building, and similar relevant information.
(7) 
Self-created conditions. The conditions that justify the proposed demolition of a building regulated by this section shall not have been self-created by the applicant. These conditions include, but are not limited to:
(a) 
Lack of proper maintenance of the building, including but not limited to structural elements, the roof, windows or architectural elements; or
(b) 
Leaving parts of a building open to the elements or accessible to vandalism.
(8) 
The Zoning Officer may require any unoccupied building shall be properly sealed and secured to prevent decay from the elements and vandalism.
(9) 
Emergency. The Zoning Officer may issue a permit for the demolition without compliance with this section if the 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.
(10) 
Exceptions. Zoning approval shall not be needed for the following:
(a) 
Demolition of accessory buildings or structures.
(b) 
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).
(c) 
Removal of features that were added after 1936, such as a modern porch or aluminum siding or carport.
(d) 
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.
E. 
Demolition by neglect (see definition above).
(1) 
Every property owner of a building regulated by this section shall repair and maintain the building to avoid demolition by neglect.
(2) 
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, cornice, columns, beams, posts and lintels.
(3) 
If a property owner fails to comply with an order from the 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 Subsection E of this section, and the property owner may also be cited for a violation of this chapter.
F. 
Guidelines. The following advisory guidelines should be considered in the design of new construction, additions and exterior alterations in a block with historic buildings. Some of these features may be required by other sections of this chapter in specific cases.
(1) 
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 set back further from the street than the house, and the driveway should be as narrow as practical through the front yard.
(2) 
New construction should have a front yard setback that is similar to adjacent older buildings.
(3) 
Modern additions and features should be placed towards the rear of the property.
(4) 
New construction should have rooflines that are similar to adjacent older buildings. Flat roofs should be avoided. 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.
(5) 
On sides visible from a street, new construction should use building materials that are similar to appearance older buildings, including brick and stone. Modern building materials are available that have a historic appearance, such as artificial stone.
(6) 
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. 
Additional uses allowed within a building regulated by this section.
(1) 
This Subsection G allows certain additional uses if the use would be within a rehabilitated principal building built before December 31, 1936, that is within a historic area.
(2) 
The following additional use shall be allowed within a building regulated by this section in any zoning district:
(a) 
The conversion of a building regulated by this section into a bed-and-breakfast inn. Such use shall meet the applicable requirements of § 450-34.
(3) 
To be eligible for these uses, the applicant shall prove that a registered architect with substantial experience in the rehabilitation of historic buildings provides a written certification that the exterior of the building as visible from public streets will be historically rehabilitated in conformance with the Secretary of the Interior's Standards for Historic Rehabilitation, and accompanying guidelines published by the National Park Service, and that any exterior repairs, alterations and additions visible from a public street will be in conformance with such standards and guidelines.
(4) 
Plans shall be submitted showing the design and materials of any exterior changes to the building that are visible from a public street.
(5) 
The building shall not be expanded by more than 20% in its floor area for a use under this section. This limitation on building expansion shall not apply if the proposed use would be allowed in the zoning district without applying under this section.