Borough of Mifflinburg, PA
Union County
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Table of Contents
Table of Contents

§ 29-500 Visibility at Intersections; Clear Sight Triangle.

[Ord. 2010-3, 7/20/2010; as amended by Ord. 2014-04, 12/16/2014]
1. 
No obstruction to vision (except street signs, utility poles or traffic signs, approved by the Borough, or existing buildings, posts, columns, or trees) shall be erected, placed, planted or allowed to grow in a manner that would impede vision between a height of 30 inches and eight feet above the grades of the intersecting streets. The clear sight triangle shall be maintained as open space with no visual obstructions. The clear sight triangle shall be drawn as measured along the center line from the point of intersection (see Figure 1). Distance from the street intersection shall be determined as follows:
Paved Street Width of the Wider Intersecting Street
(feet)
Clear Sight Triangle Measurements
(feet)
Less than 29
30
30 to 39
40
40 to 49
50
50 to 59
60
60 to 69
70
2. 
All roads under the Borough's jurisdiction shall follow the above distances. Those roads governed by the Pennsylvania Department of Transportation (PennDOT) shall follow PennDOT's regulations for sight measurements. Should there be a conflict, PennDOT regulations shall prevail.

§ 29-501 Buildings and Uses On Corner Lots.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2010-3, 7/20/2010; and by Ord. 2014-04, 12/16/2014]
1. 
No obstruction to vision at intersections (other than an existing building, post, columns, or tree) shall be permitted within the clear sight triangle. See § 29-500 of this Chapter for more information.
2. 
For a corner lot, the yard with the front of the building delineates the front yard. For a corner lot with no building, the frontage shall be determined by the owner or developer.
[Amended by Ord. 2015-07, 11/17/2015]

§ 29-502 Through Lots.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2014-04, 12/16/2014]
Where a lot extends from a street to an alley, the widest street shall be deemed the street upon which the property fronts, and no principal structure and no dwelling shall be erected in the rear of the lot.

§ 29-503 Nonconforming Lots, Structures, Buildings, and Uses.

[Ord. 84-14, 12/18/1984; as amended by Ord. 85-11, 8/20/1985; by Ord. 85-12, 11/19/1985; and by Ord. 2008-1, 4/15/2008 and by Ord. 2014-04, 12/16/2014]
1. 
Nonconforming Lots of Record. A nonconforming lot may be used for a permitted use in the district in which it is located even though such lot fails to meet the requirements for lot area or dimensions, or both. However, all other applicable requirements, including yards, shall apply. The variance of yard requirements shall be obtained only through action of the Zoning Hearing Board. In the event that two adjacent lots of record are held in single ownership, the lots shall be combined to be reapportioned into a conforming lot or lots.
2. 
Nonconforming Structures or Buildings.
A. 
Any alteration, conversion, improvement, or enlargement of a nonconforming structure shall conform to the applicable requirements of this Chapter, excepting that a structure nonconforming as to yard or height requirements may be extended where the extension does not project further into the yard or does not extend further in height than the existing structure, nor can this addition extend beyond any existing exterior walls. The purpose of this exception is to provide for the squaring off of corners of existing, nonconforming structures.
B. 
Any alteration, conversion, improvement, or enlargement of a nonconforming accessory structure shall conform to the applicable requirements of this Chapter, excepting that a structure nonconforming as to the rear yard may be extended where the extension does not project further into the rear yard than the existing accessory structure, nor can this addition exceed the maximum building or impervious structure coverage allowed by this Chapter.
C. 
Should a nonconforming principal structure or building be destroyed by any means, it shall not be reconstructed in a manner that increases its nonconformity. A nonconforming accessory structure destroyed by any means shall only be reconstructed in full compliance with this Chapter.
D. 
Should a nonconforming structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is to be located.
E. 
In the case of any mobile home or house trailer existing as a nonconforming structure at the effective date of this Chapter, such a mobile home may be upgraded through replacement by a newer, larger, safer, or more energy-efficient mobile home if:
(1) 
Minimum yards, off-street parking, and other applicable requirements are met;
(2) 
The mobile home is positioned on a permanent, continuous, frost-free foundation or footer, and in no event shall it be erected on jacks, loose blocks, or other temporary materials; and
(3) 
All pertinent permits have been obtained and evidenced to the Zoning Administrator.
3. 
Nonconforming Uses of Premises.
A. 
A new extension may be constructed to a structure housing a nonconforming use, provided that the gross floor area of the extension shall not exceed 50% of the gross floor area of the existing structure and that other applicable requirements of this Chapter shall be adhered to.
B. 
Any nonconforming use may be changed to another nonconforming use by a special exception, provided that the Zoning Hearing Board shall find the proposed use to be equally appropriate or more appropriate to the zoning district in which it is located.
C. 
A nonconforming use that is replaced by a permitted use shall not be allowed to revert to any nonconforming use.
D. 
The removal or destruction of a structure housing a nonconforming use shall eliminate the nonconforming use status of the premises unless reconstruction shall have been initiated within one year of the removal or destruction. Destruction, for the purpose of this subsection, is defined as damage to an extent of more than 90% of the replacement cost at the time of destruction.
E. 
If a nonconforming use or structure is abandoned or discontinued for a period of two years, further use of the land or structure shall conform in all respects to this Chapter.
4. 
Registration of Nonconforming Uses and Structures. To facilitate the administration of this Chapter, it shall be the duty of the Zoning Administrator to prepare and maintain an accurate listing of uses and structures in all districts not permitted by right in that district, and for which no special exception or variance has been issued, and which does not otherwise comply with all sections of this Chapter. Such listing shall be a matter of public record and shall constitute sufficient notice of the nonconforming status of the said use and the limitations there expressed and implied to any transferee acquiring any right to use or own such property.

§ 29-504 Projections into Yards.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2014-04, 12/16/2014]
Certain architectural features may project into required yards as follows:
A. 
Projecting architectural features - bay windows, cornices, eaves, fireplaces, chimneys, windowsills, or other architectural features, provided they do not extend more than three feet into any required yards nor closer than five feet to any adjacent property line.
B. 
Fire escapes may project into side and rear yards a distance not exceeding five feet.
C. 
Steps and necessary landings may project into any yard.
D. 
Patios and porches may be located in side and rear yards, provided that they are not closer than three feet to an adjacent property line.
E. 
Enclosed porches shall be considered as a part of the principal structure and shall not project into required yards.

§ 29-505 Accessory Structures.

[Ord. 84-14, 12/18/1984; as amended by Ord. 90-1, 2/20/1990; and by Ord. 2014-04, 12/16/2014]
1. 
Detached Accessory Structures.
A. 
Detached accessory structures for residential uses shall not exceed 20 feet in height and may be located only to one side or to the rear, but not in the front of the structure.
B. 
Accessory structures such as swingsets, play gyms, playhouses, doghouses, and dog runs shall comply with the above standards and shall be exempt from the zoning permit requirement, provided that they do not exceed 12 feet in height and do not occupy more than 100 square feet of area in RU Districts and 144 square feet in RS Districts.
2. 
Attached accessory structures shall comply with front and side yard requirements for the principal structure and shall not be closer than 10 feet to the rear property line.
3. 
Accessory Swimming Pool Uses.
A. 
Pools shall be a minimum of 10 feet from any property line and may be located only to one side or to the rear, but not in the front of the structure.
B. 
Pools, including temporary or inflatable pools, shall be enclosed within a fenced area to prevent uncontrolled access by children. Fences around a swimming pool shall be a minimum of four feet in height and a maximum of eight feet in height.
(1) 
A dwelling or accessory structure may be used as part of the required enclosure.
(2) 
No additional fence or wall shall be required where a minimum of four feet of the walls around the entire perimeter of the pool is located above the ground, provided that steps, ladders and other means of access to the pool are removed or secured to a minimum of four feet above ground level when the pool is not in use.
(3) 
All gates or doors in the fence or wall shall be self-latching or have automatic locking devices.
4. 
No fence or outbuilding shall be placed in a Borough easement or right-of-way.
5. 
Exceptions for Accessory or Appurtenant Structures. Required setback areas shall be maintained with no portion of such area utilized for buildings or structures. The following structures and uses shall be the only exceptions to this:
A. 
Access drives.
B. 
Animal feeding areas.
C. 
Antennas.
D. 
Arbors and/or trellises.
E. 
Awnings.
F. 
Chimneys.
G. 
Clothesline poles (allowed in rear or side yards only).
H. 
Cornices and/or gutters.
I. 
Driveways.
J. 
Fences and/or retaining walls.
K. 
Fire escapes/ADA-mandated ramps.
L. 
Flagpoles.
M. 
Lampposts.
N. 
Mailboxes.
O. 
Outdoor furniture.
P. 
Playground equipment.
Q. 
Ponds and/or streams.
R. 
School bus shelters.
S. 
Sidewalks.
T. 
Steps.
U. 
Telephone booths.
V. 
Tree wells.
W. 
Utility meters.
X. 
Water systems.

§ 29-506 Landscaped Buffer Areas.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2014-04, 12/16/2014]
For all landscaped buffer areas required in Part 4, a visual screen shall be provided.
A. 
It shall consist of a minimum of 75% evergreens that may be intermixed with ornamental shrubs or deciduous trees spaced at intervals that shall be capable of forming a continuous hedge with no visual breaks within a five-year period. No invasive plant species may be used.
B. 
It shall be a minimum of three feet in height when planted and capable of obtaining a mature height of 15 feet or more. A berm not exceeding five feet in height may be used in obtaining the mature height of 15 feet.
C. 
It shall be maintained in good condition and shall be located within 15 feet of the required property line.

§ 29-507 Fences and Ornamental Fences.

[Ord. 84-14, 12/18/1984; as amended by Ord. 85-10, 7/16/1985; by Ord. 2008-1, 4/15/2008; and by Ord. 2014-04, 12/16/2014]
1. 
No fence shall be constructed so as to obstruct a clear sight triangle at the intersections of streets and driveways. (See § 29-500.)
2. 
The maximum permissible height for fences in any residential zoning district shall be six feet, and no more than four feet high in any front yard. The maximum permissible height in any other zoning district shall be 12 feet.
3. 
The fence shall be installed such that the finished side faces out from the premises, unless screened by landscaping in accordance with this Chapter.
4. 
The Borough shall have the right to require maintenance on, or removal of, any fence found to be in a state of disrepair. Necessary repairs, or removal, shall be completed within 90 days of receipt of written notice from the Borough to the property owner.
5. 
Aboveground electric fences are prohibited in every zoning district, except for the Agricultural Zoning District.

§ 29-508 Unenclosed Commercial or Manufacturing Uses.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2014-04, 12/16/2014]
1. 
Unenclosed uses not for retail sales (e.g., nurseries, car sales lots, or similar uses) shall be enclosed within a fence or landscaped buffer area.
2. 
Unenclosed uses shall be limited to off-street parking and loading areas, storage yards, service stations, and retail sales areas. All other manufacturing activities shall be enclosed within a building.

§ 29-509 Land Developments.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2014-04, 12/16/2014]
Uses designated as land developments shall require the preparation of a land development plan for approval of the Borough Planning Commission in accordance with the provisions of the Borough Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 23, Subdivision and Land Development.

§ 29-510 Off-Street Parking.

[Ord. 84-14, 12/18/1985; as amended by Ord. 86-5, 9/16/1986; by Ord. 87-6, 4/28/1987; by Ord. 91-07, 10/22/1991; by Ord. 98-06, 8/18/1998; by Ord. 2008-1, 4/15/2008; and by Ord. 2014-04, 12/16/2014]
Off-street parking and loading requirements shall apply to all districts, even when off-street parking areas are being opened, constructed, enlarged or increased in capacity.
A. 
Size and Access. Each parking space shall be a minimum of nine feet by 18 feet in size, excluding drive-through aisles and entry and exit drives. Entry and exit areas shall be well defined. When determining the eighteen-foot length, 1 1/2 feet may take into account the overhang area beyond the end of the parking space, as long as such an area does exist. If this area inclusion is requested by an applicant, approval of this calculation must be obtained from the Borough Engineer. There shall be no direct access to the spaces from streets or alleys except:
(1) 
Direct access to off-street parking shall be permitted if there are fewer than five spaces allowed. "Direct access" is defined as a parking space that is located within 20 feet of a street or alley and has no barrier or design to obstruct traffic.
(2) 
Every required parking space shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other vehicle, except for spaces serving a single-family dwelling.
B. 
Required Number of Spaces. The number of parking spaces required for all uses and in all districts except the DD (property owners in the DD shall provide the required number of spaces in accord with the DD use regulations of Part 4) shall be as follows:
Use of Facility Criterion
Number of Parking Spaces Per
Dwellings
2
Dwelling unit
Hotels or motels
1.25
Rental unit
Retail commercial and banks
1
300 square feet of gross floor area
Eating or drinking establishments
1
100 square feet of gross floor area
Offices, businesses
1
200 square feet of gross floor area
Offices, medical or dental clinics
1
100 square feet of gross floor area
Lodges, public buildings, meeting halls (w/o fixed seating)
1
200 square feet of gross floor area
Schools
3
Classroom
Churches, theaters, auditoriums (w/fixed seating)
1
3 seats or 6 linear feet of pew
Funeral homes
1
50 square feet of assembly area (minimum of 20)
Commercial recreation
Indoor
1
50 square feet of activity
Outdoor
1
2.5 participants, design capacity of facility
Wholesale, warehousing, manufacturing
1
2 employees
Rooming or lodging houses
1
Room
Group home/personal care home for adults
1
Each employee per shift
Nursing homes
1
4 beds
Multifamily elderly housing units
1
2 dwelling units
Home occupations
2
In addition to residential requirements
Group child-care homes or child-care centers
1
500 square feet of gross floor area, plus 1 for each employee per shift
Barbershops, beauty parlors
1
100 square feet of gross floor area
Adult bookstores
1
200 square feet of gross floor area
Adult entertainment cabarets
1
2 seats
Massage parlors
1
300 square feet of gross floor area
Other adult uses
1
300 square feet of gross floor area
C. 
Miscellaneous Criteria for Off-Street Parking.
(1) 
Spaces shall be located upon the same lot as the parking generator, except that off-site spaces may be utilized if a satisfactory shared parking or lease agreement is provided with the zoning permit application.
(2) 
For single-family detached residential dwellings, all required off-street parking shall be located in the side or rear yard only. In all residential zoning districts, all required off-street parking shall be located in the rear yard only.
(3) 
For single-family, semidetached (row houses), two-family, or townhouse residential dwellings, all required off-street parking shall be located in the rear yard only.
(4) 
For multifamily dwellings, all required off-street parking shall be located in rear yards only.

§ 29-511 Off-Street Loading.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2014-04, 12/16/2014]
Any building erected or use initiated, which is to be occupied for manufacturing, institutional, or commercial uses, or for the distribution of materials by vehicle, and which has a gross floor area of 5,000 square feet or greater shall provide off-street loading berths as follows:
A. 
Size and Location.
(1) 
Each loading berth shall have the following minimum dimensions:
(a) 
Width: 10 feet.
(b) 
Length: 50 feet.
(c) 
Height: 14 feet.
(2) 
Loading spaces shall not correspond with minimum required off-street parking areas. They may be located in any yard, except one adjacent to a residential district, and they may not be located in an alley or highway right-of-way.
B. 
Required Number of Loading Berths:
Use
Square Feet of Floor Area
Required Off-Street Loading Berths
Schools
5,000 or more
1
Hospitals (in addition to ambulance spaces)
5,000 to 30,000
1
For each additional 30,000 or major fraction thereof
1 additional
Undertakers and funeral homes
5,000
1
For each additional 5,000 or major fraction thereof
1 additional
Hotels and offices
5,000 or more
1
Retail, commercial, wholesale, manufacturing, storage and miscellaneous
5,000 to 25,000
1
25,001 to 40,000
2
40,001 to 60,000
3
60,001 to 100,000
4
For each additional 50,000 or major fraction thereof
1 additional

§ 29-512 Development and Maintenance of Parking and Loading Areas.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2014-04, 12/16/2014]
Parking and loading areas shall be developed in accordance with the following requirements:
A. 
Areas shall be fenced or screened in accordance with this Chapter if adjacent to a residential district and if greater than five parking spaces in size. Fencing shall be well maintained and made of solid material or ornamental plants a minimum of four feet in size.
B. 
Areas shall be a minimum of 10 feet from a dwelling and five feet from the alley or street.
C. 
All areas shall be surfaced with an all-weather dust- and mud-free surface, unless less than five spaces in size, in which case a crushed stone material is acceptable.
D. 
Lighting shall be arranged so as to not create glare upon adjacent property.

§ 29-513 Building Conversions.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2014-04, 12/16/2014]
The conversion of accessory buildings to residential dwellings shall be prohibited.

§ 29-514 Home Occupations.

[Ord. 84-14, 12/18/1984; as amended by Ord. 2008-1, 4/15/2008; and by Ord. 2014-04, 12/16/2014]
In any district, any lawful, gainful, service-oriented occupation or profession conducted by a member of the immediate family owning and residing on the premises may use parts of a dwelling for a home occupation, provided that the following conditions are met and a permit is issued by the Zoning Administrator:
A. 
Such occupations shall be clearly incidental or secondary to the use of the property as a residence, and the use of the dwelling shall not change the character thereof or show any exterior evidence of such secondary use other than one sign. (See § 29-516.)
B. 
Home occupations shall be limited to the employment of not more than one full-time assistant outside the immediate family.
C. 
The home occupation shall be conducted wholly within the dwelling or an accessory building and shall not occupy more than 25% of the area of the first floor of the dwelling nor more than 500 square feet; provided, however, that a bed-and-breakfast shall be limited only to the dwelling.
D. 
Any home occupation which may create objectionable noise, fumes, odor, dust, electrical interference or more than normal residential traffic shall be prohibited.

§ 29-515 Outdoor Storage Areas.

[Ord. 84-14, 12/18/1984; as amended by Ord. 88-6, 7/21/1988; and by Ord. 2014-04, 12/16/2014]
Such uses shall not abut existing residential development, a residential street or any residential district, and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Zoning Hearing Board to protect the public health, safety, comfort, convenience, and general welfare and especially with regard to abutting properties and the occupants thereof:
A. 
Inflammable and Explosive Liquids. No highly inflammable or explosive liquids, solids or gases shall be stored in bulk above ground. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
B. 
Fencing and Setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property. Such fencing or wall shall meet the following minimum setbacks:
(1) 
In any residential district, or contiguous with any residential district or any residential development, or residential use: 20 feet.
(2) 
Public streets: 25 feet from public right-of-way lines.
(3) 
All other cases: The fence may be established on the property line.
C. 
Deposit of Wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
D. 
All materials or wastes which might cause fumes or dust which constitutes a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

§ 29-516 Signs.

[Ord. 84-14, 12/18/1984; as amended by Ord. 85-10, 7/16/1985; by Ord. 86-1, 7/15/1986; by Ord. 87-13, 7/21/1987; by Ord. 87-14, 9/29/1987; by Ord. 88-7, 7/21/1988; by Ord. 88-11, 11/22/1988; by Ord. 95-06, 10/17/1995; by Ord. 2003-4, 4/15/2003; by Ord. 2008-1, 4/15/2008; and by Ord. 2014-04, 12/16/2014]
No new sign shall be erected, constructed, or altered except as provided in this Chapter and until a permit has been issued by the Zoning Administrator.
A. 
Purpose.
(1) 
It has long been recognized that sign controls are required to promote traffic safety and avoid traffic accidents. Signs can distract motorists by impairing visibility. Traffic safety is improved by restricting the size, height, and location of signs. If not regulated, signs can confuse motorists by mimicking traffic safety signals and signs.
(2) 
In addition, unregulated signage may negatively affect the character of communities and the value of buildings. Blighted signs and antiquated signs and sign structures can contribute to an overall image of blight with a reduction in property values in declining areas if not addressed and removed through regulation. Unregulated signs can reduce the effectiveness of signs that may be needed to direct the public because they compete with public purpose signs and reduce their visibility and effectiveness. In special areas, such as the Downtown District, unregulated signage may neutralize public plans and efforts to improve the streetscapes.
(3) 
Sign regulation serves the interests of the business community. Unregulated competition among businesses where individual business signs are not adequately visible results in too many signs as well as a point of diminishing returns. Regulating signs helps to maintain the scenic heritage and unique character of our community.
(4) 
The purpose of this section is to serve substantial government interests by correcting and avoiding multiple problems that would occur without sign regulations. To that end, it is in the community's interest:
(a) 
To promote commerce;
(b) 
To promote safety, convenience and well-being of the users of the streets, roads and highways;
(c) 
To avoid distractions and obstructions from signs that would adversely affect vehicular and pedestrian safety and to alleviate hazards caused by signs projecting over or encroaching upon public ways;
(d) 
To avoid excessive visual competition in signs and ensure that signs aid orientation and adequately identify uses and activities to the public; and
(e) 
To preserve or enhance the Borough's unique historic character by requiring new and replacement signs which are:
[1] 
Distinctive;
[2] 
Compatible with the surroundings, including historic building styles and the streetscape;
[3] 
Appropriate to the type of activity they identify;
[4] 
Expressive of the identity of individual proprietors or of the community as a whole; and
[5] 
Readable by virtue of the size, the spacing, and the proportion of the lettering.
B. 
Sign Size.
(1) 
The supporting structure or bracing shall not be counted as part of the sign area. Where a sign has more than one face, all areas that can be viewed simultaneously shall be considered gross sign area.
(a) 
When identifying letters, symbols, designs, or characters are attached to a building, wall, window or signboard, but without an identifiable border or background, the square footage of such signs shall be computed based upon the smallest rectangle or other geometric shape that encompasses all of the letters, symbols, designs or characters.
(2) 
No lot shall have a sign(s) that has an area that exceeds the requirements of the district in which it is located. Where maximum gross area is determined by building frontage, 1.5 square feet of sign area for each linear foot of building frontage, except in the General Commercial (GC) District, shall be permitted. In the General Commercial (GC) District, two square feet of signage for each linear foot of building shall be allowed. See Table 516.1 in this Chapter for gross maximum sign area for each type of permitted sign.
(3) 
No single sign shall exceed 64 square feet in gross area, even though the building frontage may allow larger signs.
(4) 
Where a principal structure fronts on more than one street, the gross sign area for the entire structure shall be determined by the average of the building frontages.
Table 516.1 Maximum Gross Area for Signage
Type of Sign
Maximum Gross Area
(square feet)
Districts Where Type of Sign is Allowed
Notes
Address
4
All districts
1 per property § 29-516G(9)
Awning
1 per linear foot of building frontage
DD, CM
6'9" clearance
2 per linear foot of building frontage
GC
Directory
16
DD, GC, CM
1 per street frontage
Contractor
6
All districts
1 per contractor per property
Real estate
6
All districts
1 per property (2 on corner lots)
Electronic changeable message board
15
CM, GC
1 per property § 29-516G(10)
Freestanding
4
RS, RU, RMH
DD - § 29-516I(1)
GC - § 29-516J(2)
See regulations for each zoning district
DD, GC, CM
Home occupation
4
RS, RU, RMH
1 per property
Political
4
All districts
2 per candidate per property
Projecting
4
RS, RU, RMH
9
DD, GC, CM
Sandwich or tent
6 per side
DD
Temporary
6
All districts
Wall
4
RS, RU, RMH
1.5 per linear foot of building frontage
DD, CM
2 per linear foot of building frontage
GC
Window
30% of glass area
DD, GC, CM
Marquee
1.5 per linear foot of building frontage
DD, CM
2 per linear foot of building frontage
GC
C. 
Sign Placement.
(1) 
No sign shall be erected in such a manner as to create an unsafe condition for motor vehicles, bicycles or pedestrian traffic.
(a) 
No sign shall be erected that in any manner obstructs free and clear vision at any intersection.
(b) 
No sign shall be erected where its position, shape or color may interfere, obstruct, or be confused with the view of any authorized traffic sign, signal or device.
(2) 
No sign shall obstruct a window, door or other opening providing light or air or interfere with the normal functioning of any building.
(3) 
No sign that is part of or supported by a building shall be erected upon the roof of said building, nor shall the sign extend above the height of the building measured at the lowest part of the roof.
(4) 
No sign shall be painted or mounted on rocks, trees, or other natural features.
(5) 
No sign shall be attached to any utility pole.
(6) 
No sign shall be attached to any Borough or street sign without providing the Zoning Administrator with written permission from the Borough and/or the Pennsylvania Department of Transportation.
(7) 
For purposes of this Chapter, signs shall be exempt from front yard setbacks.
(8) 
No sign or portion of any freestanding sign shall be located within three feet of any side lot line.
(9) 
Regulatory highway signs, warning signs, and informational signs that are erected along public streets and in the public right-of-way shall meet the regulations and approval of the appropriate governing agency. See "SIGN, PUBLIC INFORMATION."[1]
[1]
Editor's Note: The definition of "public information sign" is in § 29-201.
D. 
Sign Safety.
(1) 
Every sign permitted by this Chapter must be constructed of durable materials and kept in good condition or repair.
(2) 
When any sign becomes insecure, in danger of falling or is otherwise unsafe, or if any sign shall be unlawfully erected or installed, the Zoning Administrator shall order the removal of the sign through written notice. The Zoning Administrator shall have the power to remove the sign if the order is not complied with within 10 days of issuance or immediately in the case of immediate danger to the public. The cost of the removal shall be borne by the owner of the sign. Should the owner of the sign fail to remove the sign when so directed or to pay for its removal when removed by the Zoning Administrator, then the owner of the property where the sign is or was situated shall be responsible for all costs of removal.
E. 
Sign Illumination. Signs may be lighted with nonglaring lights or may be illuminated by shielded floodlights. No sign shall be of an intermittent or flashing type or be erected where its location, brilliance, shape or color may interfere, obstruct, or be confused with the view of any authorized signal or traffic marking. All electrically illuminated signs shall conform to the requirements of the Borough Building Code and Borough Electrical Code. Internally illuminated signs are prohibited, except as specifically provided.
F. 
Prohibited Signs:
(1) 
Flashing, intermittent, rotating or motorized signs that are visible from a public street.
(2) 
Signs that make use of the words "stop," "look," "danger," or other words, phrases, symbols or characters in a manner that would tend to interfere with, mislead or confuse traffic or persons.
(3) 
Any display that makes use of spinners and/or streamers.
G. 
Regulations Pertaining to Specific Types of Signs.
(1) 
Projecting Signs:
(a) 
No sign(s) shall project beyond four feet from the building or structure to which it (they) is (are) attached.
(b) 
All projecting signs shall allow a minimum nine-foot clearance from finished grade.
(2) 
Freestanding Signs. There shall be only one freestanding sign per lot, with the exception of directional signs intended to guide or direct pedestrian or vehicular traffic. Freestanding signs shall have no more than two faces. Directional signs shall not exceed two square feet in sign area. Directional signage area shall be included in the total allowable gross signage area for a lot.
(3) 
Wall Signs. No wall sign shall project more than six inches from the building surface nor extend beyond the ends of the wall to which it is attached.
(4) 
Window Signs. The total area of any window sign shall not exceed 30% of the total glass area of that window, and such sign shall advertise only on-premises use, activity, goods, services or products.
(5) 
Marquee Signs/Changeable-Copy Signs.
(a) 
A marquee sign may be painted on or attached flat against the surface of the marquee but may not extend or project beyond the marquee or be attached to the underside thereof.
(b) 
Letters or symbols on such sign shall not exceed 16 inches in height.
(c) 
The bottom of such sign shall have a minimum clearance of nine feet above the sidewalk.
(6) 
Shopping, Office or Commercial Center Signs. Occupants of a shopping, office or commercial center, mall or complex are permitted one on-premises identification sign in addition to the common sign identifying the occupants of such center or complex. The common sign identifying the occupants of such center or complex is the shopping, office, or commercial center sign.
(7) 
Sandwich/Tent Signs. One sign is allowed per property. The square footage of the sign shall not be included in the maximum signage amount for the building, unless said sign is off-premises. The sign owner shall allow at least 48 inches of sidewalk clearance for pedestrians and/or wheelchairs. Signs shall not be located within any clear sight triangle. Signs shall be taken inside the business at the end of every day. (Also see § 29-500.)
(8) 
Directional Signs.
(a) 
Real and Personal Property. No permit shall be required for a directional sign advertising the sale of real or personal property at the premises upon which it is placed or directing potential buyers to said premises. No more than one such sign shall be allowed regardless of its location. The sign shall not exceed six square feet in area.
(b) 
Entrance/Exit. Directional signs designed to guide or direct vehicular and/or pedestrian traffic are permitted without restriction as to number, provided these signs contain no advertising copy and do not exceed two square feet in area. The top of the sign shall be no greater than three feet in height above the grade of the public street abutting or adjacent to the sign.
(c) 
Words painted on the roadway: STOP, SLOW, SCHOOL, etc., as well as painted arrows provided and maintained to control parking and internal circulation in parking areas shall be exempt from this Chapter.
(9) 
Address Signs. One sign, displaying the street number or name of the occupant of the addresses upon which it is erected, or both, shall be allowed without permit.
(a) 
The sign must be attached to the house.
(b) 
The sign shall not exceed four square feet in area.
(c) 
The sign may include identification of a profession, as defined in this Chapter, conducted on the premises where the sign is erected.
(d) 
The sign may be in addition to other signs as are permitted by the provisions of this section and shall be in addition to the maximum allowable sign area as established herein.
(e) 
For corner properties that are visible to more than one street, the sign shall be erected on the same street that the house or business faces.
(10) 
Changeable Electronic Message Board Signs.
(a) 
Electronic message board signs are allowed in the General Commercial and Commercial Manufacturing Districts with a zoning permit. Such signs will count toward the overall amount of signage permitted on a property.
(b) 
Pictures and text may not utilize chasing or flashing effects and must be displayed for a minimum of 30 seconds.
(c) 
The electronic message on a time-and-temperature sign shall be displayed for a minimum of five seconds.
(d) 
The size of changeable electronic message board signs shall be no larger than 15 square feet.
(e) 
One changeable electronic message board sign is permitted per property.
(11) 
Temporary Signs. (Permit shall be required; a fee will be charged, according to Borough resolution.)
(a) 
Signs advertising subdivisions or planned residential developments (as defined in this Chapter) shall be allowed, provided there shall be no more than one such sign per street frontage. Such signs shall be removed when 75% of the lots or units in the said subdivision or PRD have been sold or leased. The maximum area for such signs shall be 20 square feet. Provision for the maintenance of such signs, acceptable to the Borough Council, shall be required. All such signs shall require permits.
(12) 
Temporary Signs. (Permit shall not be required.)
(a) 
Temporary over-the-street banners announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization shall be allowed, provided that the Borough is held harmless from any and all liability which may arise from any damage or injury caused by such banner. A certificate of liability insurance shall be provided to the Borough a minimum of 30 days prior to the proposed placement of such sign and before a permit is issued. Where applicable, written documentation of PennDOT approval for said over-the-street banners shall be required.
(b) 
One temporary sign shall be allowed in the Downtown District, General Commercial District, and Commercial Manufacturing District for a period of no more than 30 days within any six-month period. Such signs shall not exceed six square feet in area.
(c) 
Temporary signs announcing a campaign, drive or event of a civic, philanthropic, educational or religious organization are allowed without permits being required, provided such signs shall not exceed 32 square feet in area and shall not be erected more than 14 days prior to the start of said campaign, drive or event and shall be removed immediately upon the completion of said campaign, drive or event.
(d) 
Temporary signs in residential districts intended to advertise yard, garage, or neighborhood sales shall be allowed for a period of no more than three days in any month, without permits being required. Such signs shall not exceed four square feet in area.
(e) 
Temporary signs for contractors, developers, architects, engineers, builders, artisans and lenders, erected and maintained on the premises where the work is being performed, shall be allowed without a permit, provided that the area of such sign shall not exceed six square feet and provided that such sign shall be removed upon the completion of said work. There shall be no more than one such sign per contractor allowed on the premises where the work is being performed at any given time.
(f) 
Signs offering the sale or rental of the premises upon which the sign is erected shall be allowed, provided that the area of the sign shall not exceed six square feet and not more than one such sign may be erected on the premises to be sold or rented, unless such premises fronts on more than one street, in which case one sign may be erected on each street frontage. No "For Sale" or "For Rent" signs shall be located off-premises. No "For Sale" or "For Rent" signs shall be allowed to remain after the sale or rental of such premises.
(g) 
Signs indicating no trespassing or private use of a road, driveway or premises and signs controlling fishing or hunting on the said premises shall be allowed without a permit, provided the area of each such sign shall not exceed two square feet.
(h) 
Political signs advertising and only advertising political candidates for political office or ballot questions shall be allowed without permit for a period of 30 calendar days immediately preceding the date of the election that the sign is promoting. All such signs shall be removed within five calendar days immediately following the said election. Political signs shall be prohibited at all other times. A maximum of two signs per candidate per property is permitted.
H. 
Additional Sign Regulations Applicable in residential districts (RS, RU, RMH).
(1) 
Signs or bulletins or announcement boards for schools, churches, hospitals, clubs, multifamily dwellings or other principal uses in the building other than the residential use are allowed with permit.
(2) 
The sign shall be on the same lot, and total signage shall not exceed 20 square feet in area.
(3) 
Signs denoting rooms for lease in a rooming house, tourist home or bed-and-breakfast are allowed without permit. The signs are limited to one window sign for each street frontage.
(4) 
All internally illuminated signs are prohibited.
I. 
Additional Sign Regulations Applicable to the Downtown District (DD).
(1) 
The maximum sign area for any freestanding sign shall be 16 square feet, except in cases where there are three or more distinct and separate uses on the same lot, in which case the maximum sign area shall not exceed 24 square feet.
(2) 
The maximum height for any freestanding sign shall be nine feet above finished grade.
(3) 
Internally illuminated signs are permitted. See § 29-516E.
J. 
Additional Sign Regulations Applicable to the General Commercial District (GC).
(1) 
Off-premises signs are prohibited, except in the General Commercial District, Downtown District, and Commercial Manufacturing District. The area of such sign shall be included in the calculation of the maximum gross area for signage for the property on which the off-premises sign is located.
(2) 
Maximum sign area for any freestanding sign in this district not having frontage on Route 45 shall be 30 square feet for each face, except where there are three or more distinct and separate uses on the same lot. In this case, the maximum sign area shall not exceed 50 square feet for each face. The signs shall have no more than two faces.
(3) 
In the case of a group of business uses, other than a shopping, office or commercial center, one freestanding sign shall be permitted that may include individual panels identifying the specific establishments at that location.
(4) 
Directional signs are permitted.
(5) 
Electronic message board signs are permitted. See § 29-516G(10).
(6) 
The maximum height of freestanding signs shall be 15 feet above finished grade.
(7) 
Internally illuminated signs are permitted. See § 29-516E.
K. 
Substitution Clause. The owner of any sign which is otherwise allowed by this Chapter may substitute noncommercial speech in lieu of any other commercial speech or noncommercial speech. The substitution of copy may be made without any additional approval or permitting. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial speech over any other noncommercial speech. This provision prevails over any more-specific provision to the contrary.
L. 
Nonconforming Signs. Any sign legally existing at the time of passage of this Chapter that does not conform to the standards contained in this Chapter shall be considered a nonconforming use and may continue until such time as the sign may be replaced, relocated or the structure or size of the sign is altered in any way.
M. 
Removal of Signs. All signs and/or sign messages shall be removed by the owner or lessee from the premises upon which any on-premises sign is located when the use it advertises is no longer conducted. The removal shall be completed within 30 days of the vacation of the premises. The cost of removal shall be borne by the owner of the sign. Should the owner of the sign fail to remove the sign when so directed or to pay for its removal when removed by the Zoning Administrator, the owner of the property where the sign is or was situated shall be responsible for all costs of removal.

§ 29-517 Exceptions to Height Regulations.

[Ord. 84-14, 12/18/1985; as amended by Ord. 2014-04, 12/16/2014]
The height limitations of this Chapter shall not apply to barns, silos, church spires, belfries, cupolas, and domes, monuments, water towers, chimneys, smokestacks, flagpoles, radio and television towers, masts, aerials, or to parapet walls extending not more than four feet above the maximum building height.

§ 29-518 Outdoor Lighting.

[Added by Ord. 2014-04, 12/16/2014]
Where light fixtures are installed to provide exterior illumination, excluding overhead streetlighting and warning, emergency, or traffic signals, the following restrictions shall apply:
A. 
All outdoor lighting, whether or not required by this Chapter, shall have intensities and uniformity ratios in accordance with the current recommended practices of the Illuminating Engineering Society of North America (IESNA) as contained in the IESNA Lighting Handbook, as amended.
B. 
All future amendments to the recommended practices of IESNA shall be made a part of this Chapter without further action by the Borough Council.
C. 
No glare or direct illumination may be in excess of 0.5 footcandle when measured at a residential use and/or residential zoning districts.
D. 
Parking/site lighting fixtures, when required for safety considerations, may be controlled by photocells for dusk-to-dawn operation.
E. 
The lighting from any luminare shall be shaded, shielded, or directed to prevent direct light from being distributed beyond an angle of 35° from a vertical plane onto adjacent properties and/or surrounding areas. Unshielded lighting is not permitted, except for temporary holiday lighting.
F. 
Lighting shall be designed so that the illumination does not exceed 0.1 footcandle beyond the property line on which the lighting originates.
G. 
Externally illuminated signs shall be lighted by fixtures mounted on top of the sign and aligned down, rather than by fixtures mounted at the bottom of the sign and aimed up.
H. 
All lighting shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse (disabling glare) and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property (nuisance glare).
I. 
Pole-mounted lamps shall be placed directly above the area to be illuminated and shielded at the top and sides; or positioned near the perimeter of a property and aimed toward the area requiring illumination, subject to applicable yard setback provisions.
J. 
All communications transmitting and/or receiving facilities shall be lighted in accordance with Federal Communications Commission regulations, as amended.
K. 
Vegetation screens shall not be employed to serve as the primary means for controlling glare. Rather, glare control shall be achieved primarily through the use of such means as cutoff fixtures, shields and baffles, and appropriate application of mounting height, wattage, aiming angle, fixture placement, etc.
L. 
The installation or erection of any lighting which may be confused with warning signals, emergency signals, or traffic signals shall not be permitted.
M. 
Where all-night safety or security lighting is to be provided, the intensity levels of said lighting shall not exceed 25% of the levels normally permitted by this Chapter.
N. 
Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this Chapter.
O. 
Nonconforming Lighting. Any lighting fixture existing on the effective date of this Chapter which does not conform with the requirements of this Chapter shall be considered a lawful, nonconforming lighting fixture. A nonconforming lighting fixture shall be made to comply with the requirements of this Chapter when such fixture is replaced, relocated or repaired.
P. 
When a property owner is notified by the Zoning Officer that a violation of these provisions exists, the glare or illumination problem shall be abated within 15 days of receipt of the violation notice.

§ 29-519 Cluster Subdivision.

[Ord. 89-11, 10/17/1989; as amended by Ord. 2008-1, 4/15/2008; and by Ord. 2014-04, 12/16/2014]
1. 
Statement of Intent.
A. 
A cluster subdivision is an optional form of residential development which allows the developer more choices of housing types and enables him to develop lots smaller than otherwise specified in this Chapter, provided the land saved is reserved for permanent common use, usually in the form of open space.
B. 
A cluster subdivision development shall be designed in accord with the regulations contained in this section, except that the maximum gross density of five dwelling units per acre for the residential district shall not be exceeded. (See Part 4.)
C. 
All proposed cluster subdivision development projects must be approved by submission of appropriate preliminary and final plans to the Borough in compliance with the Borough Subdivision and Land Development Ordinance[1] and shall be acted on within the time limits set forth in Article V of Act 170, the Pennsylvania Municipalities Planning Code.[2] The approval by the Borough of a residential cluster development use for a tract of land shall in no way automatically guarantee preliminary or final plan approval without satisfactory compliance with all other applicable codes and regulations of the Borough, state, or federal government.
[1]
Editor's Note: See Ch. 23, Subdivision and Land Development.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
2. 
Application for Residential Cluster Development. Any developer who desires to initiate a cluster subdivision shall submit an application to the Borough through the Zoning Administrator in accord with special exception procedures. The application shall be accompanied by:
A. 
A location map showing the project in relation to the surrounding area.
B. 
A sketch plan showing:
(1) 
Property lines and easements, with dimensions and area.
(2) 
The location, size, spacing, setbacks and dimensions of all existing and proposed buildings and structures.
(3) 
The building types, sections, floor plan, and site sections to clearly define the character of the project; the Planning Commission may require a model, if deemed necessary.
(4) 
Topographic information showing existing features, conditions, and proposed grading.
(5) 
Landscaping plans showing open spaces, planting, existing and proposed trees and recreational areas and facilities.
(6) 
Existing streets, showing access to the project, proposed roads and parking layout, with dimensions.
C. 
Written information regarding land use designations, surrounding land uses, project design team, development schedule, type, size, number and estimated selling price of units and density calculations.
D. 
Written information regarding the following:
(1) 
The nature and extent of the common open space in the project, the proposals for maintenance and conservation of the common open space, and the adequacy of the amount and function of the open space in terms of the densities and dwelling types proposed in the plan.
(2) 
Whenever applicable, documents indicating compliance and approval of mandated state statutes or other laws shall be obtained and submitted as part of the application.
3. 
Criteria for Granting Special Exception Approval for a Cluster Subdivision. A special exception approval for a cluster subdivision shall only be granted if evidence is presented that:
A. 
The proposed cluster subdivision shall be in harmony with the general purpose, goals, objectives and standards of the Comprehensive Plan, this Chapter and the subdivision and land development regulations of the Borough.
B. 
The proposed cluster subdivision shall not have substantial or undue adverse effects, as compared to a standard development permitted by this Chapter, upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities and other matters affecting the public health, safety and general welfare.
C. 
The proposed cluster subdivision shall be served adequately by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools.
D. 
The proposed cluster subdivision shall not result in the destruction, loss or damage of any natural, scenic or historic feature of significant importance.
4. 
General Qualifications.
A. 
Tract Size. The minimum developable tract size shall be three contiguous acres. Excluded from the determination of development tract size are the following:
(1) 
All land situated in the one-hundred-year floodplain.
(2) 
All land situated in slopes over 15%.
(3) 
Wetlands.
B. 
Density. The gross density of a cluster development shall not exceed five units per acre. Determination of the number of units allowable on a tract for cluster development is as follows:
(1) 
Gross acreage of parcel, minus the acreage in one-hundred-year-floodplain, minus acreage in slopes over 15%, and minus wetlands areas, times maximum density of underlying zoning district, equals total number of dwelling units permitted.
C. 
Types of Dwelling Units. Single-family dwellings, double dwellings, townhouses, and multiple-family dwellings may be permitted in a cluster subdivision pursuant to the requirements of this Chapter. All units proposed shall be condominium or for sale only.
D. 
Permitted Lot Area Reductions. For cluster developments, single-family dwellings may be reduced up to 50% for the minimum established in § 29-402, Subsection 3D. Townhouse and multiple-family dwelling lot size may be reduced to the area of the building unit. Double dwellings may be reduced up to 20% from the minimum established in § 29-402, Subsection 3D.
E. 
Yard Dimensions.
(1) 
Minimum yards for single-family detached and double dwellings:
(a) 
Front: 15 feet.
(b) 
Side: zero feet.
(c) 
Rear: 20 feet.
(2) 
Townhouses and Multifamily Dwellings. All townhouse units shall be a minimum of 20 feet from driveways and parking lots.
(3) 
The cluster subdivision shall have a setback of 50 feet from the site perimeter for all buildings.
F. 
Buffer Areas. Buffer areas shall be required along exterior property lines where units in a proposed cluster subdivision abut other noncluster residential development. Buffers shall consist of six-foot or higher evergreen trees, shrubs, or solid wood fencing or as approved by the Planning Commission.
5. 
Special Housing Qualifications.
A. 
Townhouse Groups. No more than eight townhouses shall be attached in a single group, and no more than two contiguous townhouses in any group may be constructed in line.
B. 
Spacing of Structures. Minimum distances between structures shall be:
(1) 
Single-family dwellings: 10 feet.
(2) 
Double dwellings: 20 feet.
(3) 
Townhouses: 40 feet between buildings.
(4) 
Multifamily dwellings: 40 feet between buildings.
6. 
Garages and Accessory Buildings. Single-family detached units may have detached accessory buildings or garages, provided that a ten-foot separation is maintained from the principal structure and that the minimum front yard of § 29-519, Subsection 4E(1) is maintained.
7. 
Impervious Coverage. The maximum permitted impervious coverage shall be 30% and shall apply to the developable tract area total, rather than to individual lots.
8. 
Maximum building height: 35 feet.
9. 
Miscellaneous Regulations.
A. 
Utilities. Both public sewer and water shall be provided.
B. 
Off-street parking. (See § 29-510.)
C. 
Sign regulations. (See § 29-516.)
D. 
Fence regulations. (See § 29-507.)
10. 
Open Space Requirements.
A. 
Such areas specifically designed for open space shall be fully usable and suitable for that purpose and shall be set aside by deed restriction.
B. 
Common open space may only be dedicated to public use as approved by the Borough Council upon favorable recommendation by the Planning Commission. The Borough reserves the right to deny dedication of open space.
C. 
Private Ownership. When common open space is not dedicated and accepted to public use, it shall be protected by legal arrangements, satisfactory to the Borough, sufficient to assure its maintenance and preservation for whatever purpose it is intended. Covenants or other legal arrangements shall:
(1) 
Obligate purchasers to participate in a homeowners' association and to support maintenance of the open areas by paying to the association assessments sufficient for such maintenance and subjecting their properties to a lien for enforcement of payment of the respective assessments.
(2) 
Obligate such an association to maintain the open areas and private streets and utilities.
(3) 
Empower the Borough, as well as other purchasers in the development, to enforce the covenants in the event of failure of compliance.
(4) 
Provide for an agreement that, if the Borough is required to perform any maintenance work pursuant to the item above, such purchasers would pay the cost thereof and that the same shall be a lien upon their properties until such cost has been paid; and provide that the developer shall be responsible for the formation of the homeowners' association of which the developer, or if the developer is not the owner of the development, then such owner, shall be a member until all of the lots of record are sold. Other equivalent provisions to assure adequate perpetual maintenance may be permitted if approved by the Borough. Assurance that such covenants or equivalent provisions will be included in the deeds or other instruments of conveyance shall be evidenced by the recordation in the office of the Recorder of Deeds, or a perpetual maintenance of facilities as prescribed hereinabove and identifying the tract and each lot therein. The declaration shall be included in the deed or other instrument of conveyance of each lot of record and shall be made binding on all purchasers, provided that such declaration may, as to subsequent conveyances other than the initial conveyance of each lot of record, be incorporated by reference in the instrument of conveyance.
(5) 
Guarantee that any association formed to own and maintain common open space will not be dissolved without the consent of the Borough and any other specifications deemed necessary by the Borough.

§ 29-520 Buildings in the National Historic District.

[Added by Ord. 2014-04, 12/16/2014]
See the spreadsheet at the end of this section for the list of properties that are located in the National Historic District. The list was chosen by Borough Council to match the list of historic properties established by the National Register of Historic Places submitted on June 12, 1979, to the United States Department of the Interior — National Park Service and approved on April 10, 1980, as amended on March 18, 1980.[1]
A. 
Purpose. In addition to serving the overall purpose 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 buildings in the National Historic District;
(3) 
Encourage continued use, appropriate rehabilitation and adaptive reuse of buildings in the National Historic District;
(4) 
Implement Sections 603(b)(5), 603(g)(2), 604(1) and 605(2)(vi) of the Pennsylvania Municipalities Planning Code[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;
[2]
Editor's Note: See 53 P.S. §§ 10603, 10604 and 10605.
(5) 
Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings;
(6) 
Carry out recommendations of the Borough Comprehensive Plan, including recommendations to preserve buildings in the National Historic District and community character.
B. 
Applicability.
(1) 
This section shall apply to any principal building and structure within the National Historic District.
(2) 
For a building regulated by this section, all of the provisions of the applicable underlying zoning districts 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 districts, the provision that is most restrictive upon development, demolition and uses shall apply.
C. 
General Provisions.
(1) 
Any demolition of a building regulated by this section shall only occur in compliance with this section.
D. 
Demolition of Buildings Regulated by this Section.
(1) 
The Zoning Hearing Board shall approve by special exception use all demolitions of buildings regulated by this section. A building regulated by this section shall not be demolished unless the applicant is able to show by credible evidence to the satisfaction of the Zoning Hearing Board that one or more of the following conditions exist:
(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; or
(b) 
The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created; or
(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 municipal 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 place of the special exception use standards of § 29-607 of this Chapter. In reviewing the application, the Zoning Hearing Board 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 neighborhood.
(b) 
The feasibility of other alternatives to demolition.
(c) 
The historical significance of the structure in question.
(3) 
An application for demolition of a building regulated by this section shall not be approved unless all of the requirements of this section have been met.
(4) 
A complete application (including all appropriate fees) for the demolition shall be submitted by the applicant in writing to the Zoning Administrator and 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, the interior photos and floor plans shall be provided as needed to support the applicant's claim.
(c) 
A site plan drawn to scale showing all existing buildings on the property and the proposed demolition.
(d) 
A written statement of the reason for the proposed demolition.
(e) 
The proposed use of the property and a proposed timeline for development of that proposed use.
(5) 
Procedure. The Zoning Administrator shall forward the application to the Zoning Hearing Board for consideration as a special exception use. The Zoning Hearing Board shall schedule a hearing in accordance with § 29-607, Subsection 2, of this Chapter. The applicant shall be informed of meeting dates of when and where the application is intended to be discussed and shall be present to discuss the proposed demolition.
(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 expert testimony 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, testimony 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 Administrator may require that any unoccupied building shall be properly sealed and secured to prevent decay from the elements and from vandalism.
(9) 
The Zoning Administrator may issue a permit for the demolition of a building 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. Special exception use approval shall not be required 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) 
Relocation of a building within the Borough, provided that the relocation does not result in demolition that is regulated by this section.
[1]
Editor's Note: A copy of the current list is on file in the Borough offices.