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Johnstown, PA Code of Ordinances
CODIFIED ORDINANCES OF JOHNSTOWN, PENNSYLVANIA
PRELIMINARY UNIT
CHARTER
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
TITLE TWO - Planning Code
TITLE FOUR - Subdivision Regulations
TITLE SIX - Zoning Code
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
PART EIGHTEEN - HEALTH AND SANITATION CODE
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1260.119   RESIDENTIAL OCCUPANCY LIMITS.
   All residential dwelling units, regardless the dwelling type, shall comply with following residential occupancy limits:
   (a)   The term “family” as used in this Code shall be as defined in the City of Johnstown Zoning Ordinance;
   (b)   The City of Johnstown in following the guidelines set by the U.S. Department of Housing and Urban Development (HUD) also stipulates that no more than two persons per bedroom occupancy shall be allowed;
   (c)   In all cases, within each distinct and classified zoning district, each independent dwelling unit shall provide habitable living floor space totaling at least 80 square feet for the first occupant and 60 square feet for each additional occupant; and
   (d)   Within each defined zoning district the following maximum occupancy limits shall apply:
      (1)   S Conservancy District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all single-family dwellings in the (S) Conservancy District the maximum occupancy of a dwelling unit shall be one family.
      (2)   R1 One-Family Residential District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all single-family dwellings in the R1 One-Family Residential District the maximum occupancy of a dwelling unit shall be one family.
      (3)   R2 Two-Family Residential District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the R2 Two-Family Residential District the maximum occupancy of a dwelling unit shall be either:
         A.   One family; or
         B.   One more person than the number of bedrooms.
      (4)   R3 Multiple Family Residential District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the R3 Multiple-Family Residential District the maximum occupancy of a dwelling unit shall be either:
         A.   One family; or
         B.   One more person than the number of bedrooms.
      (5)   TND Traditional Neighborhood District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the TND Traditional Neighborhood District the maximum occupancy of a dwelling unit shall be either:
         A.   One family; or
         B.   One more person than the number of bedrooms.
      (6)   H Health Service and Medical Center District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the H Health Service and Medical Center District the maximum occupancy of a dwelling unit shall be either:
         A.   One family; or
         B.   One more person than the number of bedrooms.
      (7)   C1 Neighborhood Shopping District, C2 Community Business District, and C3 Central Business District. Notwithstanding an excess of the HUD established maximum occupancy by subsection (b) and habitable living floor space over that required by subsection (c) above, all dwellings in the above mentioned zoning districts (C1, C2, and C3) the maximum occupancy for each dwelling unit will be determined by the type of structure as defined by Section 1260.011 .
(Ord. 5139. Passed 11-27-13.)
1260.120   STANDARDS FOR STOREFRONTS AND WINDOWS.
   (a)   These regulations are intended and enacted to provide for the protection, preservation, and enhancement of architectural, historical, or cultural buildings, structures, and sites located within the C3 - Central Business District, the Downtown Johnstown Historic District, and the Historic Overlay District(s). Being that the windows, doors, and storefronts of a building are the primary architectural and character-defining features of said districts this ordinance applies specifically to the repair, replacement, condition, and maintenance of a building or structure’s windows, doors, and storefronts. The establishment and enforcement of this chapter is to provide for the:
      (1)   Preservation and value of the existing buildings located in the City of Johnstown Central Business District, Downtown Johnstown Historic District, and/or Historic Overlay District(s);
      (2)   Provide the use of historic-cultural landmarks for the education, pleasure, and welfare of the community;
      (3)   Protect and enhance the appeal and attraction of the City of Johnstown to its residence, visitors, tourists, and to serve as a support and stimulus to business and industry; and
      (4)   Fostering of civic pride in the beauty and the notable accomplishments, architecture, and history of the City of Johnstown’s past.
   (b)   Windows. The following regulations and restrictions shall apply to all windows located on any building’s street-side facade within the Central Business District, the Downtown Johnstown Historic District, and/or Historic Overlay District(s).
      (1)   When repairing and/or replacing a building’s window(s) it should be done in a matching historical manner without altering/enlarging the original opening or cutting new openings. The replacement windows shall be of the same size, shape, and configuration of the window it replaces.
      (2)    Broken windows shall be repaired or replaced in a reasonable period of time, not to exceed 45 days. If said repairs are not made within a timely manner, the City of Johnstown will levy the appropriate fines, as listed within City Hall - Room 205, upon the applicable property and property owner(s).
      (3)   Windows will not be permitted to be permanently replaced and/or filled in with wood, brick, concrete, or any other materials. Window openings/frames will be permitted to be covered by a wood surfacing as a temporary security precaution until the window is repaired and/or replaced within the above mentioned 45-day period.
      (4)   Windows which have been blocked or screened by wood, brick, concrete, or any other construction materials are to be reopened to re-establish the intent of the original building facade. In the event the blocked and screened window openings cannot be replaced due to a structural concern it will be the property owner’s responsibility to develop an alternative agreement with the City of Johnstown.
      (5)   Basement windows may have security grills installed; on non-street visible elevations of a building, the basement windows may be closed or filled with glass block.
   (c)   Storefront Doors and Windows. The following regulations and restrictions shall apply all commercial and retail property storefronts as well as entrances of residential buildings located within the Central Business District, the Downtown Johnstown Historic District, Historic Overlay Districts, with a street-side facade.
      (1)   A commercial or retail building’s original and/or existing storefront shall be retained, repaired, and rehabilitated whenever possible as to taking advantage of their distinctive and attractive appearance, large display areas, and abundance of natural light.
      (2)   When rehabilitating or remodeling a storefront the use of new concrete block, concrete imitations, aluminum or other types of siding, mill finished aluminum, or other artificial materials are not permitted.
      (3)   Exiting historical doors shall be retained and rehabilitated whenever feasible. When doors and/or doorways must be altered they shall be designed to respect the exterior architectural integrity of the building.
      (4)   The use and installation of storm doors and/or screen doors may be permitted on the front or side facade of a building pending the said door has matching frame or complements the color scheme of the building and does not obscure significant features of the door it covers.
      (5)   Storefront doors and windows must be maintained as follows:
         A.   All Central Business District, Downtown Johnstown Historic District, and/or Historic Overlay District storefronts doors and windows must be kept clean of obvious dirt, grime, bird dropping, graffiti, and the like.
         B.   No trash, debris, crates, cardboard boxes, or other packing materials may be stacked or stored in any storefront window.
         C.   The storefront windows of any vacant property, to be defined as absent of commercial/retail activity of more than 45 days, shall be covered with seamless paper of a neutral color as to obscuring public view of the interior of the building. These window coverings must be kept in good repair and shall not be torn, damaged, or otherwise left in a state of disrepair.
            1.   As a suggested alternative, the property owner may have the vacant storefront windows covered with decorative art. This artwork shall be approved and commissioned by the City of Johnstown and various local partnerships.
            2.   The commissioned artwork shall contain no suggestive, inappropriate, religious, political, or advertisements value.
(Ord. 5139. Passed 11-27-13; Ord. 5191. Passed 12-9-15.)
SPECIAL EXCEPTIONS
1260.130   IN GENERAL.
   The special exceptions listed in this subchapter and their accessory buildings and uses may be permitted by the Zoning Hearing Board in the districts indicated therein, in accordance with the procedures, standards, and criteria set forth in this subchapter and in Section 1260.220 through 1260.223 (Zoning Hearing Board).
(Ord. 5139. Passed 11-23-13.)
1260.131   GENERAL PROCEDURES.
   (a)   An application for special exception filed with the Building Code Official shall be referred to the Zoning Hearing Board for investigation as to the manner in which the proposed location and character of the special exception will affect the community and how the required standards are to be achieved.
   (b)   The Zoning Hearing Board shall conduct a public hearing on the appeal under Section 1260.222, and in accordance with public notice requirements defined in Section 1260.011.
   (c)   If the proposed special exception is located in the district wherein such use may be granted or denied by the Zoning Hearing Board pursuant to express standards and criteria, the Board shall hear and decide requests for such special exceptions in accordance with such standards and criteria. In addition, the Board may attach such reasonable conditions and safeguards, in addition to those expressed in this chapter, as it may deem necessary to implement the purposes of this chapter.
   (d)   The applicant may then apply to the Building Code Official for building and occupancy permits in accordance with the procedures specified in this chapter.
   (e)   Any expansion of such special exception involving the enlargement of the buildings, structures, or land area shall be subject to the procedure described in this subchapter.
(Ord. 5139. Passed 11-27-13; Ord. 5191. Passed 12-9-15.)
1260.132   FUNERAL HOME STANDARDS AND CRITERIA.
   (a)   Special Exception. A funeral home may be permitted as a special exception in R1, R2, and R3 Residential Districts with the minimum requirements as hereinafter set forth.
   (b)   Height. As permitted in each District.
   (c)   Percentage of Lot Coverage. As permitted in each District.
   (d)   Off-Street Parking Facilities. As required under Sections 1260.115 through 1260.120 .
   (e)   Site Plan. As required under Section 1260.038 .
   (f)   Yard Areas. As required in each District.
(Ord. 5139. Passed 11-27-13.)
1260.133   BOARDING HOUSE AND HALFWAY HOUSE STANDARDS AND CRITERIA.
   (a)   A boarding house or halfway house may be permitted as a special exception in an R3 District provided it complies with all zoning and occupancy requirements of a dwelling in the R3 District.
   (b)   Parking Requirements. One parking space for each sleeping room to be occupied by boarders plus one space for each dwelling unit on the premises, plus one space for every two employees not living on the premises.
(Ord. 5139. Passed 11-27-13.)
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