(A) Purposes. In addition to serving the overall purposes of this chapter, this section is intended to:
(1) Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and architectural resources;
(2) Establish a clear process to review and approve demolition of designated historic buildings;
(3) Encourage continued use, appropriate rehabilitation and adaptive reuse of historic buildings;
(4) Implement §§ 603(b) (53 P.S. §§ 10603(b)), 603(g) (53 P.S. §§ 10603(g)), 604(1) (53 P.S. §§ 10604(1)) and 605(2) (53 P.S. §§ 10605(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;
(5) Strengthen the local economy by promoting heritage tourism, improving property values and increasing investment in older buildings; and
(6) Carry out recommendations of the regional Comprehensive Plan.
(B) Applicability.
(1) This section shall apply to any principal building designed on any adopted Historic Buildings Map. Such Historic Buildings Map shall serve as a Historic Overlay District. Such Map is intended to be adopted as a future amendment to this chapter.
(2) Any partial or complete demolition of a principal building regulated by this section shall only occur in compliance with this section.
(3) (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.
(b) A partial demolition shall include, but not be limited to, removal of an attached porch roof, removal of porch columns and removal of exterior architectural features.
(C) Historic Buildings Map. A Historic Buildings Map may be adopted as part of a later amendment of this zoning chapter.
(D) Approval of demolition.
(1) A building regulated by this section shall not be demolished, in whole or in part, 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:
(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. 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 place of the general conditional use standards. 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 surrounding neighborhood; and
(b) The feasibility of other alternatives to demolition.
(3) 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; and
(e) The proposed use of the site, and a proposed timeline for development of that proposed use.
(4) Evidence: the applicant shall provide sufficient credible evidence to justify any claims that a building cannot feasibly be repaired or reused.
(5) 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.
(6) 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.
(7) A separate demolition permit shall also be required under the Township Construction Codes, and the applicant shall prove compliance with State Department of Environmental Protection requirements for disposal of the debris.
(E) Exceptions. Special exception use approval shall not be needed for the following:
(1) Demolition of accessory buildings or structures;
(2) 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);
(3) Removal of features that were added after 1945, such as a modern porch or aluminum siding or carport; and
(4) Relocation of a building within the township, provided that the relocation does not result in a partial or complete demolition that is regulated by this section.
(Ord. 126, passed 3-18-2010)