§ 450-32. Historic areas and buildings., Article IV. Districts, Chapter 450. Zoning, Part II. General Legislation, Code of Ordinances, Walnutport

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 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;

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.

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.

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.

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.

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.

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.

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.