In addition to serving the overall purposes of this Ordinance, this Article VIII is intended to:
A. 
Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and architectural resources;
B. 
Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings;
C. 
Implement §§ 603(b), 603(g), 604(1) and 605(2) of the Pennsylvania Municipalities Planning Code, which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value; and
D. 
Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings.
This Article VIII shall apply to buildings identified as an historically significant property on the Historically Significant Properties Map that is adopted as part of this Ordinance. This section shall only apply to the principal building on the lots highlighted on the Map, unless there is a statement on the Map or any accompanying adopted list that an accessory building is also regulated by this article. The Historically Significant Properties Map may be revised to add or delete buildings in the future as a Zoning Ordinance Amendment, after a public hearing by Borough Council.
A. 
"Demolition" shall be defined as the dismantling, tearing down, removal or razing of the exterior of a building, in whole or in part. This term shall not include changes to the interior of a building, provided such changes do not alter the structural integrity of the building. A partial demolition shall mean: 1) removal of exterior portions of a building, or 2) removal of original exterior architectural features, such as, but not limited to, an attached porch roof, porch columns, cornices, exterior window details or similar features.
B. 
A building regulated by the Historically Significant Properties Map shall not be demolished, including any partial demolition, unless the applicant proves to the satisfaction of the Zoning Hearing Board as a special exception use that one or more of the following conditions exists:
(1) 
The existing building cannot feasibly and reasonably be reused, and that such situation is not the result of intentional neglect or demolition by neglect by the current owner or a person who owned the property within the previous two years; or
(2) 
The denial of the demolition would result in unreasonable economic hardship to the owner, and the hardship was not self-created; or
(3) 
The demolition is necessary to allow a specific development or transportation project to occur that will have substantial and unusual public benefits that will greatly outweigh the loss of the building (such as the establishment or expansion of a major employer, or the development or expansion of a needed community facility); or
(4) 
The design of the replacement building will result in a net improvement to the streetscape.
C. 
Application. Prior to conducting a complete or partial demolition, a complete application for such work shall be submitted by the applicant in writing, and such demolition shall need prior approval under this article. After a complete application has been filed, it shall be forwarded to the Borough Planning Commission members, and the Commission should be allowed an opportunity to provide a review at a meeting. This application shall include the following:
(1) 
The name, address and daytime telephone number of the owner of record and the applicant for the demolition.
(2) 
Recent exterior photographs of the building proposed for demolition. If the applicant is alleging that the building cannot be reused or rehabilitated, then interior photos and floor plans shall be provided as needed to support the applicant's claim.
(3) 
A site plan drawn to scale showing existing buildings and the proposed demolition.
(4) 
A written statement of the reasons for the demolition.
(5) 
The proposed use of the site, and a proposed timeline for development of that proposed use.
D. 
Evidence. The applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused. The Zoning Hearing Board may require that an applicant submit a written and signed report or in-person testimony by a qualified professional and/or written cost estimates from bona fide contractors to support a claim.
E. 
Emergency. The Zoning Officer shall issue a zoning permit for the demolition without compliance with the demolition approval requirements of this Article VIII if the Construction Codes Official certifies in writing that the building represents a clear and immediate hazard to public safety, and that no other reasonable alternatives exist to demolition.
F. 
Replacement. Where new construction or vehicle parking is proposed in place of the demolished building, information about the proposed use shall be provided prior to approval of the demolition.
G. 
Exceptions. Special exception use approval shall not be needed for the following:
(1) 
Interior renovations or removal of features (such as a rear porch) that do not harm the structural stability of the building and that are not visible from a public street (not including improvements that are only visible from a rear or side alley of less than 14 feet of cartway).
(2) 
Removal of features that were added after January 1, 1940, such as a modern porch, aluminum siding or a carport.
(3) 
Relocation of a building within the Borough, provided that the relocation does not result in a partial or complete demolition that is regulated by this Article VIII.
H. 
Salvage. When a building regulated by the Historically Significant Properties Map is proposed for demolition, the applicant shall describe efforts that will be made, to the maximum extent feasible, to remove and preserve significant exterior and interior historic features of the building. Such features may be sold, may be donated to an organization that will oversee their reuse, may be incorporated into a new building, or may be otherwise appropriately preserved. Such preservation may be established as a written condition of an approval.
I. 
Additional requirements for buildings identified as an historically significant property on the Historically Significant Properties Map. The following provisions shall apply to a side of a building that is visible from a street:
(1) 
Sandblasting and harsh chemical cleaners shall not be used on masonry or other historic building materials.
(2) 
New materials (such as stucco, artificial stucco siding or artificial brick or stone), shall not be installed on top of masonry or terra cotta walls. Stucco may be removed to reveal original surfaces.
(3) 
An original porch visible from a street shall not be removed or enclosed, unless the applicant provides evidence that the new porch would be more historic in design than the current porch.
(4) 
The original shape of a pitched, peaked or sloped roof shall not be changed. An original turret, tower or dormer shall not be removed. However, roofing materials may be changed.
(5) 
Existing siding may be replaced with new siding, provided it does not violate other provisions of this section. Siding is encouraged to be removed to expose historic materials.
(6) 
Original cornices, trim and similar historic features shall not be removed or covered with vinyl or aluminum.
(7) 
Original windows and door openings shall not be enclosed or changed in size by more than 10%. Windows and door openings may be changed to restore an original size.
(8) 
Windows may be replaced, provided it does not violate other provisions of this section. When windows are replaced, inserts should be used as needed to appear to have similar panes.
J. 
The Zoning Hearing Board shall have authority to approve a change regulated by Subsection I above to a building as a special exception if the applicant proves the change would result in a net positive change to the historic character of the building or would restore a feature that was previously removed.
A. 
This § 230-35 allows certain additional uses if the use would be within a building on the Historically Significant Properties Map. If the use is already allowed as a permitted by right use in the zoning district, it shall continue to be permitted by right. The following additional uses shall be allowed as special exception uses within such a building:
(1) 
The conversion of an historically significant property into an office, personal service use, art/custom crafts studio, or art gallery. Drive-through service shall not be allowed.
(2) 
The conversion of an historically significant property into a bed-and-breakfast inn that complies with the standards for such use in § 230-26.
(3) 
If a lot includes more than 20,000 square feet of lot area, and if the lot is determined by the Zoning Hearing Board or shown on the Historically Significant Properties Map as including two historically significant buildings, then the second building may be approved to include a dwelling unit, even if it would result in one more dwelling unit on the property beyond what would otherwise be allowed.
(4) 
The conversion of the building into another use that is closely similar in impacts to uses allowed in Subsections A(1) or (2) above and that the applicant proves to the satisfaction of the Zoning Hearing Board would be appropriate, considering the adjacent uses, without creating hazards to the public health and safety.
B. 
To be eligible for these uses, the applicant shall first submit architectural plans to the Zoning Officer and the Zoning Hearing Board showing the extent of changes proposed to the exterior of the front of the building as viewed from a public street that are proposed as part of the change of use and/or any building expansion. The main features of the front of the building shall be required to maintain an historic appearance as visible from a public street, but modern features or additions may be added to the rear of the building. A front porch constructed before 1940 shall not be enclosed as part of this work.
C. 
The building may be expanded, provided the expansion meets all of the dimensional requirements of this Ordinance, and the expansion does not harm the historic appearance of the building as viewed from a public street.
D. 
The special exception shall only be approved if the Zoning Hearing Board determines that the use will not create significant negative impacts upon adjacent residential properties. The Zoning Hearing Board may place reasonable conditions upon the use, including limits on hours of operation, landscaping and buffering, amounts of parking, location of parking, types and intensities of outdoor lighting, and similar features that could generate negative impacts for adjacent residents. The use shall also meet parking, buffering, wastewater and other applicable requirements of Borough ordinances.
As a special exception, the Zoning Hearing Board shall have the authority to modify yard, coverage and other dimensional requirements for a lot occupied by a building on the Historically Significant Properties Map if the applicant proves to the Zoning Hearing Board that such modifications are necessary to promote the historic rehabilitation and adaptive reuse of such building.