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Hazleton City Zoning Code

ARTICLE V

Zoning District Regulations

§ 575-501 Zoning district uses and dimensional regulations.

Each building, structure, and use shall be governed by the use and dimensional regulations listed in the Use and Dimensional Tables in this chapter.[1]
[1]
Editor's Note: Such tables are included as attachments to this chapter.

§ 575-502 Types of uses.

A. 
Permitted uses. The letter "P" designated in the Use Table indicates a permitted use in that district, which use is permitted by right not requiring Zoning Hearing Board approval, but only the issuance of a zoning permit by the Zoning Officer, provided all of the other provisions of the chapter are met.
B. 
Special exception uses. The letters "S" designated in the Use Table indicates a special exception use in that district, which use requires Zoning Hearing Board approval. The Zoning Hearing Board will either approve or deny a special exception use in accordance with the provisions of this chapter. The Zoning Officer has no discretion to approve any permit where the use is classified as requiring special exception approval. The Zoning Officer must deny a zoning permit when the use requires special exception approval.
C. 
Conditional uses. The letters "C" designated in the Use Table indicates a conditional use in that district, which use requires governing body approval. The governing body will either approve or deny a conditional use in accordance with the provisions of this chapter. The Zoning Officer has no discretion to approve any permit where the use is classified as requiring conditional use approval. The Zoning Officer must deny a zoning permit when the use requires conditional use approval.
D. 
Symbol key for each type of use. The following symbols are used in the Use Table under § 575-503 to indicate whether a use is permitted (by right, special exception, or conditional use) in a particular zoning district:
(1) 
P: permitted use.
(2) 
S: special exception use.
(3) 
C: conditional use.
(4) 
N: not permitted.

§ 575-503 Zoning District Use Regulations.

The following table classifies all of the uses within the zoning districts listed below.[1]
[1]
Editor's Note: The Zoning District Use Regulations table is included as an attachment to this chapter.

§ 575-504 Zoning District Dimensional Regulations.

[Amended 4-26-2022 by Ord. No. 2022-5[1]]
The following table governs the minimum dimensional requirements for each building, structure and use.[2]
[1]
Editor's Note: This ordinance redesignated former § 575-505, Zoning District Dimensional Regulations, as § 575-504 and redesignated former § 575-504, Zoning overlay district use regulations, as § 575-505.
[2]
Editor's Note: The Zoning District Dimensional Regulations table is included as an attachment to this chapter.

§ 575-505 Zoning overlay district use regulations.

[Amended 4-26-2022 by Ord. No. 2022-5[1]]
The following table classifies all of the uses within the zoning overlay districts listed below:
Uses or Activities
DOD
EOD
HOD
District Regulations
Alteration or repair
C
N
C
§ 575-506 DOD and § 575-508 HOD
Demolition
C
N
C
§ 575-506 DOD and § 575-508 HOD
New construction
C
N
C
§ 575-506 DOD and § 575-508 HOD
Moving or relocation
C
N
C
§ 575-506 DOD and § 575-508 HOD
PSES
N
C
N
PWEF
N
C
N
Oil and gas compressor stations
N
C
N
Oil and gas operations
N
C
N
Natural gas processing plant or electricity generating plant
N
C
N
[1]
Editor's Note: This ordinance redesignated former § 575-505, Zoning District Dimensional Regulations, as § 575-504 and redesignated former § 575-504, Zoning overlay district use regulations, as § 575-505.

§ 575-506 Downtown Overlay District.

A. 
Development standards. Except as otherwise provided, buildings and improvements within the Downtown Overlay District shall comply with Chapter 475, Subdivision and Land Development.
B. 
Powers and duties of the City Planning Commission.
(1) 
The City Planning Commission shall meet as required to carry out the review of applications for certificates of appropriateness (COA) and such other related work as may be accepted through request of City Council. The City Planning Commission shall review all plans for new construction and the alteration, repair, or moving of existing structures located within the Downtown Overlay District. Only City Council is empowered to issue a COA after conditional use approval.
(2) 
A meeting shall be held at least once each month when there are applications to be considered and not less than once a year. Special meetings may be held at the call of the Chairperson of the City Planning Commission.
(3) 
The City Planning Commission may review formal site plan applications submitted in the Downtown Overlay District in an advisory capacity to City Council.
(4) 
The City Planning Commission may review informal site plan applications submitted in the Downtown Overlay District in an advisory capacity to the Zoning Officer.
(5) 
The City Planning Commission shall advise the Mayor and City Council on matters related to downtown development and the Downtown Overlay District regulations.
(6) 
The City Planning Commission will conduct and/or encourage members to attend educational sessions, visit other downtowns with successful downtown revitalization programs, or seek in-depth consultation on matters of historic preservation and/or downtown development guidelines. Such training should pertain to the work and functions of the City Planning Commission.
(7) 
The City Planning Commission may recommend to City Council the establishment of additional policies, application requirements, rules, and regulations as it deems necessary to administer its duties.
C. 
Applications.
(1) 
Commencing the date of the adoption of this chapter, the Overlay District standards will apply to the following:
(a) 
All new construction of buildings or structures.
(b) 
All exterior building improvements requiring a building permit.
(c) 
All sign changes for which a conditional use permit is not required but which requires a building permit (Overlay District standards are applicable only to the changed element or improvement).
(d) 
Renovations for which a conditional use permit is required under the provisions of the Pennsylvania Uniform Construction Code (UCC),[1] as in effect at the time of the renovation (all applicable standards apply).
[1]
Editor's Note: See Ch. 180, Construction Codes.
(e) 
All new or reconstructed parking areas with five or more spaces.
D. 
Preexisting nonconformity. Any building, structure, parking area, or sign that lawfully exists at the time this chapter is enacted, which would not otherwise be permitted under this chapter, may be continued in the same manner as it existed before the effective date of the ordinance. Any future construction, additions, reconstruction, renovation, or sign erection shall be subject to the requirements of this section of the chapter.
E. 
Compliance. At the time of application for any building permit, the applicant shall demonstrate the proposed building, structure, improvement, renovation, or sign complies with the requirements of this chapter. No building permit shall be issued until the requirements of this section of the chapter have been met. It is the applicant's responsibility to provide the necessary information so that City Council could decide whether an application is in compliance with this section of this chapter.
F. 
Conflict. Where the provisions of the Downtown Overlay District conflict with other requirements of this chapter, the requirements of this section of this chapter shall be reviewed and acted upon by City Council.
G. 
New construction.
(1) 
New infill development shall be designed to be compatible with the historic architecture of the downtown in its massing and external treatment.
(2) 
New infill development shall attempt to maintain the horizontal rhythm of primary street facades by using a similar alignment of windows, floor spacing, cornices, awnings, and other architectural elements.
H. 
Rehabilitation of historic buildings.
(1) 
The following buildings within the Overlay District have been listed or considered eligible for listing on the National Register of Historic Places by the Pennsylvania Historical and Museum Commission (PHMC), and can be considered historic buildings:
(a) 
Hazleton Industrial Supply (formerly Wagner Brothers Hardware), ca. 1915, 1928; 354 West Broad Street, eligible.
(b) 
American Legion Post #76, ca. 1928; 328 West Broad Street, eligible.
(c) 
First Presbyterian Church, ca. 1869; 201 West Broad Street, eligible.
(d) 
The Altamont, ca. 1924; corner of Broad and Church Streets, eligible.
(e) 
Hazleton National Bank Building, ca. 1924; 101 West Broad Street, eligible.
(f) 
American Bank and Trust Company, ca. 1924; 2–8 East Broad Street, eligible.
(g) 
Former U.S. Post Office, 145 East Broad Street (now Lackawanna Community College), ca. 1908, 1933, eligible.
(h) 
The Markle Bank and Trust Building, ca. 1910, 1923; 8 West Broad Street, listed.
(i) 
Hazleton City Hall, 40 North Church Street, eligible.
(j) 
Pioneer Fire Company, 55 North Wyoming Street, eligible.
(2) 
Distinctive stylistic features or examples of skilled craftsmanship that characterize these historic buildings shall, whenever possible, be preserved. Removal or alteration of any historic material or distinctive architectural features shall be avoided. Deteriorated architectural features are recommended to be repaired or replaced in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. In the event that replacement is necessary, the new material shall match the material being replaced in arrangement, design, color, texture, and other visual qualities.
(3) 
The original finish of masonry facades must be maintained. No unpainted masonry shall be painted, unless the painting shall be approved by City Council, upon review and recommendation of the City Planning Commission.
I. 
Area and bulk requirements.
(1) 
Setbacks. No minimum front or side yard setbacks are required within the Overlay District.
(2) 
Build-to line. The primary facade of each building shall maintain the established build-to line of the block(s) on which it is located. Where there is no established build-to line, the primary facade of each building shall be set back not less than 12 feet from the face of the curb on a primary street, and eight feet from the face of the curb on a side street. For the purposes of providing a plaza, square, courtyard, recessed entrance, or outdoor dining area, the front facade of a building may be set back up to 15 feet from the front lot line.
(3) 
Height. Minimum two stories; and maximum 45 feet.
J. 
Building orientation and entrances.
(1) 
In the case of properties located along Broad Street, the front facade of buildings shall be oriented towards Broad Street with the main public pedestrian entrance on this front facade. On corner properties, a secondary entrance along the side street is encouraged but not required. However, facade treatments, such as those listed in Subsection I of this section, shall be required for both facades.
(2) 
In the case of properties located along Church, Laurel, or Wyoming Streets within the Overlay District, the front facade of buildings shall be oriented towards these streets.
(3) 
When buildings are located on corners, the entrance may be located on the corner with an appropriate building articulation, such as a chamfered corner, turret, canopy, or other similar architectural feature to distinguish the entry.
(4) 
All primary building entrances shall be accentuated through architectural treatments that enhance pedestrian orientation, such as recessed entrances, protruding entrances, canopies, porticos, overhangs, etc.
K. 
Windows.
(1) 
It is recommended that at least 40% of the length of the ground floor front facade between an elevation of three feet and seven feet above grade shall consist of windows, glass doors, or other transparent building surfaces providing for an visual connection from the outside to the inside of the building.
(2) 
It is recommended that upper-story windows of front facades shall not be boarded or covered, and shall comprise a minimum of 30% of the facade above the ground floor.
(3) 
Reflective, black glass and glass tinted more than 40% in windows and doors is prohibited on the ground floor facade.
L. 
Facades.
(1) 
Blank facades shall not be permitted along any exterior wall facing Broad, Church, Laurel, or Wyoming Streets within the Overlay District, where such wall abuts a public sidewalk.
(2) 
Any portion of a building facade along Broad, Church, Laurel, or Wyoming Streets within the Overlay District that exceeds 25 feet in length shall incorporate windows or architectural design elements to break up the expanse of wall and add visual diversity for pedestrian interest at ground level. Example elements include, but are not limited to windows, doors, lighting, material changes, articulated or sculptured wall surfaces or shadow lines, vertical accents, texture changes or color changes, commissioned murals by professional artists, or other architectural features approved by City Council upon recommendation of the City Planning Commission.
M. 
Building materials and colors.
(1) 
The following materials are not allowed on the building's facade or sides adjacent to public rights-of-way:
(a) 
Painted concrete block;
(b) 
Aluminum, vinyl, or fiberglass siding; and
(c) 
Asphalt shingles.
(2) 
Exterior building colors are recommended to be compatible with the colors on adjacent buildings, subject to review by the City Planning Commission and approval by City Council.
(3) 
Recommended color palettes for signs, facades, and awnings maintained by the City Planning Commission shall be reviewed by each applicant prior to beginning work.
(4) 
Proposed colors shall be specified for any building exterior treatment prior to the painting of any structure, windows, awnings, or other facade feature.
N. 
Franchise architecture.
(1) 
To maintain and reinforce a unique urban character, buildings within the Overlay District will not be constructed or renovated using franchise architecture.
(2) 
Franchise architecture is defined as building design that is trademarked or identified with a particular franchise chain or corporation and is generic or standard in nature. Franchises or national chains must follow the standards of this section to create a building that enhances the urban character to downtown Hazleton.
O. 
Off-street surface parking.
(1) 
There shall be no minimum off-street parking requirement in the Downtown Overlay District.
(2) 
No parking area or access drive shall be located between the curb of Broad Street and the property's front set back line. In conformance with the City's Comprehensive Plan, no vacant lots will be approved for parking. All fronts of lots will be buildings.
(3) 
Service and loading areas must be located to the side or rear of the building.
(4) 
Vehicular access to surface parking shall be from the alley or side street. Entry/egress along Broad Street is prohibited.
(5) 
Safe provisions for pedestrian access to and through a parking lot shall be provided, to include night lighting, in accordance with Subsection Q of this section.
P. 
Parking structures.
(1) 
Parking structures shall meet all other applicable building and site design standards of this chapter.
(2) 
Nonpublic parking structures that are located along Broad, Church, Laurel, or Wyoming Streets within the Overlay District shall be designed with active commercial or retail uses on the ground floor.
(3) 
Ground floor parking located along intersecting streets shall be screened through any combination of walls, decorative grilles, or trellis work with landscaping.
(4) 
Entrances and exits shall be located and grouped to minimize curb cuts and other interruptions of pedestrian movement on sidewalks.
(5) 
Where possible, entrances and exits shall not open directly onto Broad Street but shall be accessed via intersecting streets and alleys.
(6) 
The exterior facade should maintain a horizontal line along the primary street. The sloping nature of the interior structure, necessary in the design of parking structures, should not be visible along the primary building facade.
Q. 
Lighting.
(1) 
Lighting within the Overlay District should serve to illuminate facade entrances and signage to provide an adequate level of pedestrian safety while enhancing the aesthetic appeal of the buildings.
(2) 
Building and signage lighting must be indirect with the light sources hidden from direct pedestrian and motorist view.
(3) 
All exterior lighting shall be designed to prevent glare onto adjacent properties and shall be designed so that the illumination is a minimum of 0.6 footcandle and a maximum of 1.0 footcandle.
(4) 
The maximum height of lighting fixtures shall be a maximum of 30 feet for parking area illumination and 15 feet for pedestrian walkways.
(5) 
New lighting added to parking areas or along pedestrian walkways shall compliment the early 20th century period style of teardrop lighting installed along Broad Street. Luminaries shall be mounted on cast-metal fluted poles painted black to match.
R. 
Streetscape and pedestrian amenities.
(1) 
The streetscape shall be uniform so that it acts to provide continuity throughout the downtown.
(2) 
When a redevelopment project disturbs existing streetscape elements (streetlighting, sidewalks, street trees, parking meters, electrical utilities, etc.), those items must be replaced in-kind with streetscape elements that match the character and design details of existing features.
(3) 
The Hazleton Shade Tree Commission shall be contacted and approve any tree replacement within the Overlay District.
(4) 
Tree pits may be planted with flowers and bulbs and maintained by adjacent or local businesses. Recommended species for tree pit plantings include annuals that are drought-tolerant with shallow roots and will not overlay compete with the tree for water and nutrients. The tree pit shall be re-mulched after planting to retain soil moisture.
Recommended Spring Bulbs
Recommended Annuals for Sun (Appropriate for north side of Broad Street)
Recommended Annuals for Shade (Appropriate for south side of Broad Street)
Crocus
Sweet alyssum
Begonia
Chinodoxa
Coleus
Daffodil
Marigold
Pansy
Winter aconite (Eranthis hyemalis)
Nasturtium
Viola
Snow drops (Galanthus nivalis)
Moss Rose
Impatiens
Spanish Bluebells
Verbena
Lily-of-the-Valley
Geranium
(Convallaria magilis)
Salvia
Grape Hyacinth (Muscari)
Heliotrope
Tulips
Ageratum
Blue Marguerite Daisy
S. 
Screening.
(1) 
Any outdoor refuse area shall be located to the rear of the building, and be entirely screened from views along Broad Street by an opaque fence or enclosure.
(2) 
All mechanical, electrical, communication, and service equipment, including satellite dishes, air-conditioning units, large vents and vent pipes, heat pumps and mechanical equipment, and other appurtenances shall be concealed by or integrated within the roof form or screened from view at ground level of nearby streets by parapets, walls, fences, landscaping, or other approved means.
T. 
Awnings.
(1) 
Awnings are encouraged to provide sun protection for display windows, shelter for pedestrians, visual interest, and an exterior sign panel for businesses.
(2) 
All awnings shall support the development of a unified urban character within the Overlay District.
(3) 
Awnings must be constructed of durable, protective, and water-repellent materials, such as canvas or vinyl or architectural materials that are intended to complement the design of the building. Plastic or fiberglass awnings are not allowed.
(4) 
Awnings must project a minimum of 36 inches from the building.
(5) 
Recommended color palettes for awnings that are maintained by the City Planning Commission and approved by City Council should be reviewed prior to beginning work.
(6) 
Awnings may display only the name of the business conducted or products or services sold therein, which may appear on the vertical face only.
(7) 
Awnings existing at the time of passage of this chapter, which do not conform to the requirements of this section of the chapter, shall be considered nonconforming awnings. Nonconforming awnings shall not be rebuilt, enlarged, changed, or altered in size, location, text or appearance. Nonconforming awnings may be replaced only with awnings that conform to provisions of this section of the chapter.
U. 
Signage.
(1) 
Sign dimensions and projections shall be in accordance with sign regulations of Article IX of this chapter, as applicable to the Commercial Center (CC) District. In the case of a conflict between Article IX of this chapter and the DOD, the requirements of this section shall prevail.
(2) 
Signs shall be architecturally compatible with the style, materials, colors, and details of the building to which they are affixed and with other nearby signs and buildings while providing for adequate identification of the business.
(3) 
Neon signs shall be permitted with the following exceptions:
(a) 
No exterior neon lighting shall be permitted.
(b) 
No neon lighting shall be permitted that outlines windows or architectural features, such as doors, roof, cornices, and the like.
(c) 
Neon signs shall be permitted only in a window display.
(d) 
No neon sign shall be permitted above the first floor.
(e) 
All neon signs shall comply with all standards established by the National Electrical Safety Code.
(4) 
No exterior signs shall block windows or door openings. Where windows and doors are trimmed in decorative moldings, the moldings shall not be covered.
(5) 
Actual produce and merchandise displayed for sale in store windows are not considered to be signs.
(6) 
Signs may be illuminated by direct lighting but shall have such lighting shielded so no direct light will shine on abutting properties or in the normal line of vision of the pubic using the streets or sidewalks. For exterior sign illumination, shaded gooseneck lamps are encouraged. No flood or spot lights shall be mounted higher than five feet above the sign that it is illuminating.
(7) 
No sign shall be so located or arranged that it interferes with traffic through glare; through blocking of reasonable sight lines or streets, sidewalks, or driveways; through confusion with a traffic control device (by reason of color, location, shape, or other characteristic); or through any other means.
(8) 
All signs, except temporary signs, shall be constructed of durable material and kept in good condition and repair. Electrical signs shall be subject to the performance criteria of Underwriters Laboratory, Inc. and to periodic inspection by the City's Code Inspection Officer.
(9) 
Temporary poster advertisements shall be displayed on the inside of business storefronts rather than on the outside.
(10) 
Signs existing at the time of passage of this chapter that do not confirm to the requirements of the chapter shall be considered nonconforming signs. No nonconforming signs shall be rebuilt; enlarged; changed; or altered in size, location, text, or appearance. Nonconforming signs may be replaced only with signs that conform to provisions of this chapter.
(11) 
Signs pertaining to businesses or occupants, which are no longer using the building or property to which the sign relates, shall be removed from the premises within 30 days after the business or occupant has vacated the premises. The property owner is responsible for removing outdated signage.
(12) 
A temporary sign stating that a business has relocated will be permitted for no more than 30 days after the business or occupancy has been vacated. Such signs shall be no larger than 12 square feet.
(13) 
Any vehicle to which a sign is affixed in such a manner that the carrying of such sign or signs no longer is incidental to the vehicle's primary purpose, but becomes a primary purpose in itself, shall be considered a freestanding sign; and, as such, will be subject to the provisions regarding freestanding signs in the districts in which such vehicle is located.
(14) 
Twirling flags, balloons or other air or gas-filled devices and special promotional devices shall only be permitted for a new business for a period of not more than 15 days before or 30 days after the opening of such a new business.
(15) 
Where an overall sign plan has been approved for any structure, or as part of any site plan, any subsequent sign for the structure or site shall take into consideration the previously approved plan in terms of location, letter style, lighting, color, construction and material, height, and dimension.
(16) 
Signs shall be of professional quality and, at all times, be legible and in good repair.
(17) 
A sandwich board is a temporary "A" frame sign, which may be readily moved from place to place. Sandwich board sign design and display requirements are as follows:
(a) 
Number of signs. One sign per establishment shall be permitted.
(b) 
Area and height. The maximum area shall be eight square feet per side of sign. The width of the sign shall not exceed two linear feet. The maximum height shall be four feet.
(c) 
Location. Signs may be placed on a sidewalk directly in front of the applicant's business establishment and may only advertise as to the applicant's business. No off-premises advertising shall be permitted. The sign shall be placed on that part of the sidewalk closest to the associated use. The sign must be placed so as not to interfere with or obstruct pedestrian or vehicular traffic. Signs may not be anchored to the sidewalk or attached or chained to poles, newspaper vending boxes, or other structures or appurtenances.
(d) 
Design. The sign frame shall be painted or stained wood or anodized aluminum or metal. Spray-painted signs are prohibited.
(e) 
Maintenance. The owner of the property and the proprietor of the business premises shall be jointly and severally responsible for keeping the area surrounding ground signs neat, clean, and well maintained.
(18) 
Prohibited signs. The following signs are prohibited, unless City Council agrees with the recommendation of the City Planning Commission that such signs complement the intended use and architectural character of the building upon which it will be displayed:
(a) 
Permanent banners, streamers, inflatable objects, twirlers, and like objects.
(b) 
Signs painted directly on structures, except signs painted directly on unpainted brick, where City Council agrees with the recommendation of the City Planning Commission that such signs have historical value or where such signs successfully evoke the Downtown Business District era. A sign painted directly on a structure cannot be the primary sign for any business located within. The bottom of any sign painted directly on a structure must be located at least 10 feet above ground level.
(c) 
Flashing, intermittent, or changing color light, including LED, fiber optic signs, strobe light, or highway flashers.
(19) 
Temporary signs. Temporary signs for special events and sales shall be permitted by City Council upon recommendation from the City Planning Commission, as set forth in this section and in accordance with Article IX of this chapter.
(20) 
Window lettering and window signs.
(a) 
All permitted window lettering and window signs shall be of professional quality and applied to the interior of the window.
(b) 
Window lettering or signs shall pertain only to the establishment occupying that portion of the premises in which the window is located.
(c) 
Sign, size, number, height, location and area requirements.
(21) 
Number of signs. Signs may be erected only in accordance with the following requirements:
(a) 
No commercial establishment shall be permitted a total of more than two signs.
(b) 
Where there is a business or office floor above the first floor in a two-story building that is not the same business as is located on the first floor, each such business shall be permitted one sign not more than 18 inches high or more than three feet wide, such sign to be placed or painted on the window of the business or office or projected on suitable ornamental bracket from the building facade.
(22) 
Projecting signs. Projecting signs shall be permitted, provided that:
(a) 
Projecting signs must be attached to the building by an ornamental bracket.
(b) 
No projecting sign, including brackets, may project more than 42 inches from the building to which it is attached.
(c) 
A projecting sign shall not be larger than 5% of the area of the facade to which it is attached. Ornamental brackets to which a projecting sign may be attached are not included in such 5% calculation.
(d) 
No more than one projecting sign is permitted for each entrance door.
(e) 
The bottom of any projecting sign must be at least 7 1/2 feet above ground level, and its top may not extend higher than whichever of the following is lowest: 25 feet above grade or the top of the sills of the first level of windows above the ground floor.
(23) 
Window displays.
(a) 
The storage of materials, stock, or inventory shall not be permitted in any window display area ordinarily exposed to public view is discouraged.
(b) 
Obstructing ground-floor windows from the interior of a building with shelving, display cases, signs, or other objects is discouraged.
(c) 
All commercial window treatments, including blinds, shades, or curtains, shall be maintained in a clean and attractive manner.
(d) 
Window display areas of vacant store fronts shall be maintained in good condition and in accordance with the regulations in this chapter.
V. 
Certificate of appropriateness required.
(1) 
Alterations and new construction. No alteration or site improvement of any property located in the Downtown Overlay District (DOD), as defined under the specific definitions for the DOD in § 575-202 of this chapter, shall be undertaken prior to obtaining a certificate of appropriateness (COA) from City Council, nor shall a building permit be issued by the City for the construction, reconstruction, relocation, alteration, or demolition of any area, place, site, building, structure, object, or work of art within the DOD unless the application for such permit is approved by City Council through the issuance of a COA in the manner prescribed herein.
(2) 
Repairs, informal approval. In order to expedite and encourage timely maintenance and repair work in the designated DOD, the City's Building Code Official (BCO) shall review and approve repair and maintenance work that does not change the design, materials, or general appearance of a structure within the DOD. The BCO may solicit comments and recommendations from the City Planning Commission in order to make a determination if the proposed repair does not change the design, materials, or general appearance of the structure. Staff may forward the application to the City Planning Commission for recommendation of COA approval to City Council when a determination regarding the proposed repair cannot be made. Examples of repair/maintenance work that does not change the design, materials, or general appearance of the structure are as follows:
(a) 
Replacement of missing bricks, repainting with same color and type of mortar, and reconstruction with brick matching in color, size, and shape.
(b) 
Replacement of conforming siding, moldings, fascia boards, gutters, railing units, shutters, awnings, canopies, shingles, and other exterior surfaces when there is no change in design, materials, or general appearance. Any replacement or alteration of nonconforming siding, moldings, fascia boards, awnings, canopies, signs, or other exterior surfaces is required to be reviewed by the City Planning Commission.
(c) 
Replacement of windows when they are of like material, in size, shape, and appearance. A change from wooden to metal or vinyl storm windows (particularly on historic structures) is required to be reviewed by the City Planning Commission.
W. 
Certificate of appropriateness application procedures.
(1) 
Except for the exceptions and additions below, the COA application shall be submitted, in writing, and accompanied by a sketch plan, as required by Chapter 475, Subdivision and Land Development.
(2) 
Scale. The sketch plan shall be drawn at a scale of not more than 20 feet to the inch and include representation of adjacent lots, existing buildings, and adjacent streets.
(3) 
Elevation. An architectural rendering or line drawing, to scale, of all building elevations showing all proposed improvements, to include the location of proposed signs and awnings. The elevation shall be drawn at the same scale of the sketch plan and include the following:
(a) 
The natural color of materials to be applied, including the colors of any paint or manufactured product on the exterior buildings, walls, or addition.
(b) 
The type and finish of all materials to be applied to the exterior surface of the building, walls or addition, sign placement, and awning placement.
(c) 
Current photographs of the subject building and adjacent buildings.
(d) 
Separate renderings of any and all proposed signs and/or awnings, including:
[1] 
The location and dimensions of the sign and/or awning.
[2] 
The size and style of all lettering.
[3] 
Colors with paint chips and/or color charts attached.
[4] 
Fabric with fabric sample attached.
[5] 
Construction materials.
[6] 
Height above grade and below roofline.
[7] 
Exterior lighting details proposed to be used for walkways, drives, and parking lot, including signs and light cast from the building's interior, which is or will be visible from surrounding properties.
[8] 
Existing or proposed streetscape amenities, such as art work, sculptures, lighting, benches, fountains, and other ornamental or decorative features.
X. 
Certificate of appropriateness review procedures.
(1) 
Preapplication meeting. The developer is encouraged to meet with the City Planning Commission prior to submission of a COA application. The intent of this meeting is to discuss early and informally the purpose and effect of the chapter and the criteria and standards contained herein. It will also give the applicant the opportunity to become familiar with zoning regulations and procedures as well as the benefit of any comments on the specific proposal by the City Staff.
(2) 
When the owner of a property within the DOD proposes new construction or alteration to any portion of a structure, the owner shall first apply for and secure a COA from City Council. The application for a COA shall be forwarded to the City Planning Commission, together with such plans, specifications, renderings, and other material as required for recommendation by the City Planning Commission for approval by City Council.
(3) 
After a COA application is received, the Zoning Officer shall determine whether the application is complete. If incomplete, the Zoning Officer shall advise the applicant within 10 business days of any additional information that is necessary or required. The applicant shall have five business days to submit the missing information. Failure to submit the missing information will result in the application not being placed on the City Planning Commission meeting agenda.
(4) 
After determining that the COA application is complete, the Zoning Officer shall forward the COA application to the City Planning Commission at least 14 days before the next City Planning Commission Meeting.
(5) 
The applicant shall receive notification of the time and place set for review of the COA application by the City Planning Commission and shall appear at such stated time and place and shall bring information, witnesses and evidence as requested by the City Planning Commission or which the applicant deems necessary to be helpful to a speedy and thorough review. The applicant, the applicant's agent, or any witnesses called by the applicant may be heard at the City Planning Commission public meeting.
(6) 
The City Planning Commission shall review the application and evaluate whether or not the buildings and structures to be constructed, altered, repaired or relocated, comply with the requirements of this section of the chapter. The City Planning Commission will make a recommendation based on this review and forward the results to City Council for action on the COA. The recommendation choices of the City Planning Commission are as follows:
(a) 
Approval. If the proposed alteration or new construction is determined to have no adverse impacts by the City Planning Commission on the DOD and does not violate the spirit and purpose of the chapter, then the City Planning Commission shall recommend to City Council that it issue the COA.
(b) 
Approval subject to conditions. Upon determination that a COA is in compliance, except for minor modifications, the conditions for approval shall be identified and the applicant shall be given the opportunity to correct minor deficiencies. The applicant may resubmit the COA to the City Planning Commission for final review after conditions have been met. The City Planning Commission shall review and recommend approval of the resubmitted application materials to City Council, if all required conditions have been addressed.
(c) 
Denial. Upon determination that a COA application does not comply with the standards and regulations set forth in this chapter, or that the proposed alteration will have an adverse effect on the DOD, or the COA application requires extensive revision in order to comply with said standards and regulations, the City Planning Commission shall recommend that City Council deny the requested COA.
(7) 
The decision made by City Council being an approval, approval subject to conditions, or disapproval of a COA, respectively, shall be endorsed on the plans, including the date of such action and all contingencies and findings of fact supporting the City Council's decision. A copy of the decision shall be forwarded to the applicant.
(8) 
City Council shall hold a public hearing on the application within 60 days of the date of the application and shall grant or deny approval of the application within 45 days of the date of final hearing on the application or within such further time as may be consented to by the applicant. If City Council shall not have held a hearing within 60 days of the application or granted or denied the application within 45 days from the date of the final hearing, the application shall be deemed to have been approved.
(9) 
Approval of the certificate of appropriateness shall expire five years after the date of approval by City Council or the approval of the final site development plan by the Planning Commission, whichever is later, if the applicant fails to obtain a building permit, use and occupancy permit, or other applicable permit, unless an extension of time has been agreed, in writing or on the record.

§ 575-507 Energy Overlay District.

A. 
Principal solar energy systems (PSES).
(1) 
Application and permit requirements. All conditional use applications for a PSES shall meet the requirements of this subsection of this chapter. No zoning permit shall be issued for a PSES unless conditional use approval and land development approval have first been obtained.
(2) 
Standards. In addition to the general criteria for a conditional use, the following additional standards must be met before a conditional use application may be approved.
(a) 
Compliance with industry standards. The PSES layout, design and installation shall conform to applicable industry standards, such as those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), Institute of Electrical and Electronics Engineers (IEEE), Solar Rating and Certification Corporation (SRCC), Electrical Testing Laboratory (ETL), or other similar certifying organizations, and shall comply with the PA Uniform Construction Code,[1] regulations adopted by the Pennsylvania Department of Labor and Industry, and with all other applicable fire and life safety requirements. The manufacturer specifications for the key components of the system shall be submitted as part of the permit application.
[1]
Editor's Note: See Ch. 180, Construction Codes.
(b) 
Installers. PSES installers must demonstrate they are listed as a certified installer on the PA Department of Environmental Protection's (DEP) approved solar installer list or that they meet the criteria to be a DEP approved installer by meeting or exceeding one of the following requirements:
[1] 
Is certified by the North American Board of Certified Energy Practitioners (NABCEP) for solar thermal installation.
[2] 
Has completed an Interstate Renewable Energy Council (IREC) Institute for Sustainable Power Quality (ISPQ) accredited solar thermal training program or a solar collector's manufacturer's training program and successfully installed a minimum of three solar thermal systems.
(c) 
Maintain good working order. Upon completion of installation, the PSES shall be maintained in good working order in accordance with manufacturer's standards and any other codes under which the PSES was constructed. Failure of the owner to maintain the PSES in good working order is grounds for enforcement action by the Zoning Officer under this chapter.
(d) 
Underground requirements. All on-site transmission and plumbing lines shall be placed underground.
(e) 
Utility notification. The owner of a PSES shall provide written confirmation that the public utility company to which the PSES will be connected has been informed of the customer's intent to install a grid connected system and approved of such connection.
(f) 
Signage. No portion of the PSES shall contain or be used to display advertising. The manufacturer's name and equipment information or indication of ownership shall be allowed on any equipment of the PSES provided it complies with the nameplate and identification sign requirements of Article IX of this chapter.
(g) 
Glare. All PSES shall be placed so that concentrated solar radiation or glare does not project onto nearby properties, structures, buildings, and roadways. The applicant has the burden of proving that any glare produced does not have a significant adverse impact on neighboring or adjacent uses either through siting or mitigation.
(h) 
Noise study. A noise study shall be performed and included with the zoning permit application. The noise study shall be performed by an independent noise study expert and paid for by the applicant. Noise from a PSES shall not exceed 50 dBA, as measured at the property line.
(i) 
Buffer and screening requirements. A PSES shall comply with the buffer and screening requirements of Article X of this chapter when adjoining a residential use or zone. When not adjoining a residential use or zone, a planted or screened buffer of 75 feet along all property lines shall be created. In lieu of installing the buffer along the property lines, the screening shall be permitted to be located immediately outside of the perimeter of the solar energy fenced area. Except for access drives, utilities and stormwater management facilities, the required buffer shall include preservation of existing mature vegetation or newly installed vegetation, walls or fences, or topography, or other screening treatment, so as to achieve a minimum of 50% opacity throughout the year as viewed from any adjoining property line that is located outside of the solar energy development area and not subject to the application, at a minimum height of six feet, measured at the time of the major energy system commencing operation. No trees or other landscaping required as a condition of approval may be removed during the installation or operation of a PSES. Existing vegetation on the property shall be preserved to the greatest extent possible to meet the buffer or screening requirements of this subsection without restricting solar access.
(j) 
Contact information. The PSES owner and operator shall provide current contact information which includes a phone number and identifies a responsible person for the City and public to contact regarding emergencies, inquiries and complaints for the duration of the project. The contact information shall be conspicuously posted on the property so that a person would not believe they were trespassing while viewing it.
(k) 
Emergency preparedness plan. The owner and operator shall furnish a written emergency preparedness plan providing details about any fire-suppression systems proposed and outlining the procedures on how emergencies will be handled. The plan shall include the manner in which the owner and/or operator will coordinate with local emergency service providers in the event of an emergency.
(l) 
Solar easements. Where a solar easement is proposed for a PSES, a written agreement in recordable form constituting a covenant running with the land shall be provided as part of subdivision and land development approval. The City shall not be a party to any agreement, nor an intended third-party beneficiary, and shall not be responsible for enforcement or maintenance of any solar easement. The owner or operator shall be responsible for negotiating with other property owners needed for the PSES for any necessary solar easements.
(m) 
Performance standards. Where a performance standard under this subsection is more restrictive or contradicts a performance standard under Article X of this chapter, the performance standard under this subsection shall control.
(n) 
Land development. All PSES shall require land development approval.
(o) 
Decommissioning. The PSES owner is required to notify the Zoning Officer immediately upon cessation or abandonment of the use, or if no electricity is generated by the system for a continuous period of 12 months. The PSES owner shall then have six months in which to dismantle and remove the PSES, including all solar-related equipment and appurtenances, including but not limited to buildings, cabling, electrical components, transmission and plumbing lines, roads, foundations and other associated facilities from the property. The PSES owner shall restore the land upon which the PSES was located to its original preconstruction condition. If the PSES owner fails to dismantle and remove the PSES and restore the land within six months, the City may, but shall not be required to do so at the PSES owner's expense.
(p) 
Financial security. Before the Zoning Officer issues a zoning permit for the construction of the PSES, the owner shall provide financial security to the City to secure the expense of dismantling and removing the PSES and restoring the land to its original condition. The financial security shall be in the amount of 110% of the costs of decommissioning. The decommissioning funds shall be posted and maintained during the life of the project in the form of a performance bond, irrevocable letter of credit or other financial form of security acceptable to City Council. An independent and certified professional engineer shall be retained by the City at the owner's cost to estimate the total cost of decommissioning without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment. Thereafter, the owner shall retain an engineer to provide the City with cost estimates of decommissioning after the first year of operation and every fifth year thereafter.
(q) 
Setbacks. The solar energy fenced area must be set back from all adjoining property lines located outside of the solar energy development area a minimum of 100 feet, or 150 feet when adjoining a residential use that is located on an adjoining property that is located outside of the solar energy development area. The minimum setback from a public or private road or private right-of-way or easement shall be 75 feet. The required setbacks do not apply to interior lot lines where the solar energy development area includes multiple lots and crosses over interior lot lines.
(r) 
Maximum impervious coverage. For purposes of this section of the chapter, the lot coverage limitations of the underlying zoning district are not applicable. Maximum percent of impervious coverage shall comply with Chapter 475, Subdivision and Land Development. While the area beneath the solar panel arrays is considered pervious cover, the following components of a PSES shall be considered impervious coverage:
[1] 
Supporting foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars;
[2] 
All batteries, storage cells and all other mechanical equipment;
[3] 
All buildings; and
[4] 
Gravel access drives.
(s) 
Site disturbance. Site disturbance, including but not limited to grading, soil removal, excavation, soil compaction, and tree removal in connection with installation of the PSES shall be minimized to the extent practicable.
(t) 
Access. A minimum ten-foot-wide gravel access drive shall be provided within a 20 feet access easement connecting the solar energy fenced area to a public or private road so as to assure adequate emergency and service access is provided. Gravel access drives shall not be required to be installed within the property for on-site circulation between the rows of solar panel arrays.
(u) 
Liability insurance. The PSES owner shall maintain a general liability insurance coverage in the minimum amount of at least $2,000,000 per occurrence and property damage coverage in the minimum amount of $2,000,000 per occurrence naming the City as a certificate holder. An umbrella liability insurance coverage shall also be maintained with coverage to be not less $5,000,000 for each occurrence and in the aggregate. Certificates of insurance for the above required coverage shall be provided to the Zoning Officer annually.
(v) 
Minimum lot size. The Major Energy System Development Area shall be 10 acres, which may be the combination of land area located on multiple adjacent lots.
(w) 
Parking. If the PSES is fully automated, adequate parking shall be required for maintenance workers. If the PSES is not automated, the number of required parking spaces shall be equal to the number of people on the largest shift plus overflow spaces equal to 20% of the required spaces based on the number of employees, but not less than three parking spaces.
(x) 
Safety requirements.
[1] 
If the PSES is connected to a public utility system for net metering purposes, it shall meet the requirements for interconnection and operation set forth in the public utility's then current service regulations applicable to solar power generation facilities, and the connection shall be inspected by the appropriate public utility.
[2] 
Security measures need to be in place to prevent unauthorized trespass and access. At a minimum all of the principal and accessory structures that are part of the solar energy system, as well as all substations, inverters and any other supporting equipment must be enclosed by fencing at least six feet in height. All access gates shall be locked as appropriate when authorized persons are not on site, to prevent entry by nonauthorized persons.
[3] 
All spent lubricants, cooling fluids, and any other hazardous materials shall be properly and safely removed in a timely manner, and disposed of in accordance with current DEP regulations.
(y) 
Other regulations. The applicant shall demonstrate that the required permits and licenses from the Federal Energy Regulatory Commission, the Pennsylvania Department of Environmental Protection, the Pennsylvania Public Utility Commission, and other agencies have been obtained. The applicant shall also document compliance with all applicable state and federal regulations by providing to the City copies of all required documents, studies, and responses (e.g., National Environmental Policy Act, Pennsylvania Natural Diversity Inventory submission, Pennsylvania Historical and Museum Commission compliance, U.S. Fish and Wildlife Service, the Department of Conservation and Natural Resources and the Pennsylvania Game Commission).
B. 
Principal wind energy facilities (PWEF).
(1) 
Application and permit requirements. All conditional use applications for a PWEF shall meet the requirements of this subsection of this chapter. No zoning permit shall be issued for a PSES unless conditional use approval and land development approval have first been obtained.
(2) 
Standards. In addition to the general criteria for a conditional use, the following additional standards must be met before a conditional use application may be approved.
(a) 
Design standards. The design of the PWEF shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI), Underwriters Laboratories (UL) Det Norske Veritas, Germanischer Lloyd Wind Energies, the American Society of Testing and Materials (ASTM), or other pertinent certifying organizations and comply with all applicable building and electrical codes of the City. The applicant shall submit certificate of design compliance obtained by the equipment manufacturers from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations. The manufacturer specifications shall be submitted with the zoning permit application.
(b) 
Noise. The audible sound from the wind turbine shall not exceed 45 A-weighted decibels, and shall also not exceed 55 C-weighted decibels, as each is measured at the lot line of a property of a nonparticipating landowner within one mile or less from the nearest property line on which a wind turbine is located unless a written waiver is provided by the owner of such property. This requirement shall be a maximum noise level using a Lmax standard, and not based upon an average. Audible tones from electrical or mechanical components are prohibited. Measurements shall comply with ANSI/ASA S12.9 Part 3, Short-Term Measurements with an Observer Present; S 12.100, Methods to Define and Measure the Residual Sound in Protected Natural and Quiet Residential Areas; and Computer Modeling shall comply with ANSI.ASA S12.6 (ISO9613-2) Attenuation of sound during propagation outdoors, Part 2, General Method of Calculation. The maximum noise limits shall be reduced to 42 A-weighted and 52 C-weighted decibels between the hours of 10:00 p.m. and 7:00 a.m. However, the noise limits shall not be reduced below 45 A weighted decibels where the applicant provides evidence that the current continuous background sound level without the wind turbines would be higher than 42 A-weighted decibels. The continuous background sound level shall be determined per the methods of ANSI/ASA S12.9 Part 3 and ANSI/ASA S12.100.
(c) 
Vibrations. A wind turbine shall not cause vibrations through the ground which are perceptible beyond the property line of the parcel on which it is located. Wind turbines shall not cause airborne vibrations which are perceptible to people or structures.
(d) 
Accessory buildings, structures and mechanical equipment. When an accessory building or structure is necessary, it shall comply with the principal building requirements of the underlying zoning district. Accessory buildings, structures and equipment associated with PWEF shall be screened from any adjacent property that is residentially zoned or used for residential purposes under Article X of this chapter. The screen shall consist of plant materials which provide a visual screen. In lieu of a planting screen, a decorative fence meeting the requirements of this chapter may be used. The design of accessory buildings and related structures shall, to the extent reasonable, use materials, colors, textures, screening and landscaping that will blend into the natural setting and existing environment.
(e) 
Underground requirements. On-site transmission and power lines between wind turbines shall be placed underground.
(f) 
Utility notification. The owner of a PWEF shall provide written confirmation that the public utility to which the PWEF will be connected has been informed of the intent to install a grid-connected system and approved of such connection.
(g) 
Signage. PWEF shall not display advertising, except for reasonable identification of the turbine manufacturer, facility owner or operator.
(h) 
Lighting. PWEF shall not be artificially lighted, except to the extent required by the Federal Aviation Administration, the Pennsylvania Department of Transportation Bureau of Aviation (BOA) or other applicable authority that regulates air safety.
(i) 
Color. PWEF shall be painted a nonreflective, flat color such as white, off-grey or grey unless required to be colored differently by FAA or BOA regulations. The design of buildings and related structures shall, to the extent reasonable, use materials, colors, textures, screening and landscaping that will blend the PWEF into the natural setting and existing environment.
(j) 
Braking system. All PWEF shall be equipped with a redundant braking system. This includes both aerodynamic overspeed controls (including variable pitch, tip, and other similar systems) and mechanical brakes. Mechanical brakes shall be operated in a fail-safe mode. Stall regulation shall not be considered a sufficient braking system for overspeed protection.
(k) 
Shadow flicker. The applicant shall provide an analysis with a map of the shadow flicker impacts of the project upon any nonparticipating landowner's property that will be impacted by this effect. The analysis shall be conducted by a qualified professional using generally accepted modeling methods, and shall estimate the number of hours per year that a nonparticipating landowner's property will be impacted by shadow flickering. No lot line of a nonparticipating landowner's property shall be affected by shadow flicker for a total of more than 20 hours per year, and no more than 30 minutes per day. Such analysis shall include recommendations for conditions that may be established by City Council to minimize the number of affected nonparticipating landowners' properties, the hours affected and the severity of the impacts from shadow flicker. This provision shall not apply to an affected property if a written and signed waiver is provided by the owner of said property. A PWEF shall be designed in such a manner as to not cause shadow flicker on a roadway.
(l) 
Location. No part of any PWEF shall extend over parking areas, access drives, driveways or sidewalks. No blade or any component part of a PWEF shall extent beyond the boundaries of the overlay zoning district in which it is located. Wind turbines shall be separated from each other by a minimum distance of five times the diameter of the rotors.
(m) 
Liability insurance. The PWEF owner shall maintain a general liability insurance coverage in the minimum amount of at least $2,000,000 per occurrence and property damage coverage in the minimum amount of $2,000,000 per occurrence naming the City as a certificate holder. An umbrella liability insurance coverage shall also be maintained with coverage to be not less $5,000,000 for each occurrence and in the aggregate. Certificates of insurance for the above-required coverage shall be provided to the Zoning Officer annually.
(n) 
Ice throw. The potential ice throws or ice shedding for a PWEF shall not cross the property line on which a PWEF is located nor impinge on any right-of-way or overhead utility line.
(o) 
Electronic interference. The facility owner and operator shall ensure that the design and operation of any PWEF avoids any disruption or loss of radio, telephone, television, cell, Internet, VOR signalization for aircraft, or similar signals, and shall mitigate any harm caused by the wind energy facility.
(p) 
Lot size. In order for a tract of land to be eligible for a PWEF, it shall have a minimum lot size of three acres for each wind turbine.
(q) 
Setback distances.
[1] 
Wind turbines shall be set back from the nearest occupied building or nonoccupied building on the participating landowner's property a distance not less than the setback requirements for the underlying zoning district in which it is located for a principal building or two times the turbine height, whichever is greater. The setback distance shall be measured horizontally from the center of the wind turbine base to the nearest point on the foundation of the occupied building or nonoccupied building.
[2] 
Wind turbines shall be set back from the nearest occupied building or nonoccupied building located on a nonparticipating landowner's property a distance of not less than five times the turbine height, or 1,500 feet, whichever is greater as measured horizontally from the center of the wind turbine base to the nearest point on the foundation of the occupied or nonoccupied building.
[3] 
All wind turbines shall be set back from the nearest property line a distance of not less than the setback requirements for a principal building in the underlying zoning district in which it is located or two times the turbine height, whichever is greater. The setback distance shall be measured to the center of the wind turbine base.
[4] 
All wind turbines shall be set back from the nearest public road a distance not less than the setback requirements for a principal building in the underlying zoning district in which it is located or two times the turbine height, whichever is greater, as measured from the right-of-way line of the nearest public road to the center of the wind turbine base.
[5] 
Each wind turbine shall be set back from aboveground power lines, public telephone lines and television cable lines a distance no less than two times its total height. The setback distance shall be measured from the center of the wind turbine base to the nearest point on such lines.
[6] 
Wind turbines shall be set back at least 1,500 feet from important bird areas as identified by Pennsylvania Audubon and at least 500 feet from identified wetlands.
[7] 
Each wind turbine shall be set back from any historic structure, district, site or resource listed in the state inventory of historic places maintained by the Pennsylvania Historical and Museum Commission and all airports and heliports a distance no less than 2,500 feet. The distance shall be measured from the center of the wind turbine base to the nearest point on the foundation of an historic building, structure or resource, or the nearest property line of an historic district, site, runway or helipad.
[8] 
The base of any wind turbine shall be set back 500 feet from the center line of a perennial waterway and 2,000 feet from the average water level of a public water supply reservoir.
(r) 
Height. The maximum wind turbine height shall not exceed 450 feet and comply with all regulations imposed by the FAA.
(s) 
Visual impact and analysis.
[1] 
Where wind characteristics permit, wind turbines shall to the greatest possible extent be set back from the tops of visually prominent ridgelines.
[2] 
Wind energy facilities shall be designed and located to the greatest extent possible to minimize adverse visual impacts to locations throughout the City.
[3] 
The applicant shall provide a visual analysis of the project. The analysis shall include a three-dimensional computer-generated surface model that accurately depicts the wind turbines in proper scale and location in relationship to the surrounding terrain from not less than 10 different locations within the City as selected by City Council. The 10 locations shall include any combination of public roads and public and/or private properties that may experience the greatest visual impacts. The applicant shall also be required to conduct a subsequent balloon test at the 10 selected locations to confirm the visual impact of the aforementioned three-dimensional computer-generated surface model. Public notice, as defined under the Pennsylvania Municipalities Planning Code, shall be required regarding the time and dates of balloon test.
(t) 
Property values. The applicant shall submit an analysis by a qualified appraiser of the actual impacts upon residential property values of a similar set of wind turbines in a mostly rural community within the United States. Such analysis shall compare changes in property values of impacted dwellings to changes in property values of nonimpacted dwellings over the same time period. Properties within a one-mile radius of a wind farm shall be considered, as well as properties outside that radius. The study shall be completed by an appraiser who has an active MAI, SRA or SRPA certification from the Appraisal Institute. The appraiser must also have a Pennsylvania appraiser license.
(u) 
Warnings.
[1] 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
[2] 
Visible, reflective, colored objects, such as flags, reflectors, or tape shall be placed on the anchor points of guy wires and along the guy wires up to a height of 10 feet from the ground.
(v) 
Safety and security.
[1] 
All access doors to wind turbines, including electrical equipment outbuildings and all appurtenances thereto shall be locked or fenced, as appropriate, to prevent entry by nonauthorized persons.
[2] 
The minimum distance between the ground and any part of the wind rotor blade shall be 30 feet.
[3] 
To limit climbing access, a six-foot-high fence with a locking gate shall be placed around the PWEF.
[4] 
Wind turbines' climbing apparatus shall be limited to no lower than 15 feet from the ground or the wind turbines' climbing apparatus shall be fully contained and locked within the tower structure.
(w) 
Use of public roads.
[1] 
The applicant shall identify all state, county and local public roads to be used within the City to transport equipment and parts for construction, operation or maintenance of the PWEF.
[2] 
The City Engineer or a qualified third-party engineer selected by the City and paid for by the applicant, shall document road conditions prior to construction. The documentation shall include photographs and video recordings of all approved travel routes to substantiate the report. The applicant shall ensure a City Official delegated by City Council is present when photographs and videotapes are taken. Copies of the inspection report, photographs, and videotapes shall be submitted to the City. The City Engineer shall document road conditions again 30 days after construction is complete or as weather permits. The applicant is responsible for all repairs and remediation of any damaged roads resulting from the installation or subsequent maintenance of a wind energy facility. Such repairs and remediation shall be completed within 30 days from the time of damage unless a greater amount of time is approved by City Council.
[3] 
Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant's expense.
[4] 
A bond shall be posted by the applicant to compensate the City for any damage to City streets in compliance with state regulations. An improvement and maintenance agreement shall also be entered into between the operator and the City in a form acceptable to the City Solicitor to ensure that if any roads are damaged the operator shall be responsible for their replacement or repair.
[5] 
The applicant shall demonstrate that it has appropriate financial security to ensure the prompt repair or replacement of damaged roads.
[6] 
Every effort should be made to use existing streets and logging roads. New deforestation and forest fragmentation must be kept to a minimum. Private entrance roads to PWEF shall be maintained in a mud-free condition.
(x) 
Local emergency services.
[1] 
The applicant shall provide a copy of the project summary and site plan to local emergency services, including City-designated emergency service providers.
[2] 
The facility owner and operator shall abide by all applicable local, state and federal fire code and emergency guidelines.
[3] 
Upon request, the applicant shall cooperate with emergency services to develop and coordinate implementation of an emergency response plan for the PWEF.
[4] 
The facility owner and operator shall maintain a phone number and identify a responsible person for emergency contact.
(y) 
Performance standards. Where a performance standard under this subsection is more restrictive or contradicts a performance standard under Article X of this chapter, the performance standard under this subsection shall control.
(z) 
Decommissioning.
[1] 
The facility owner and operator shall complete, at their own expense, decommissioning of the PWEF or individual wind turbines, and all related improvements, within 12 months after the end of the useful life of the facility or individual wind turbines, or when the use has been discontinued or abandoned by the facility owner and operator. The PWEF or individual wind turbines will be presumed to be at the end of its useful life, discontinued or abandoned if no electricity is generated for a continuous period of 12 months.
[2] 
Decommissioning shall include removal of wind turbines, buildings, cabling, electrical components, roads, foundations to a depth of 36 inches, transmission lines and any other associated facilities.
[3] 
Disturbed earth shall be graded and reseeded, unless the landowner requests in writing and receives written approval from the City that the access roads, or other land surface areas not be restored.
[4] 
An independent and certified professional engineer shall be retained to estimate the total cost of decommissioning ("decommissioning costs") without regard to salvage value of the equipment, and the cost of decommissioning net salvage value of the equipment ("net decommissioning costs"). Said estimates shall be submitted to the City after the first year of operation and every fifth year thereafter.
[5] 
The facility owner or operator shall post and maintain decommissioning funds, representing a financial guarantee in an amount equal to net decommissioning costs; provided that at no point shall decommissioning funds be less than 110% of decommissioning costs. The decommissioning funds shall be posted and maintained with a bonding company or federal- or commonwealth-chartered lending institution chosen by the facility owner or operator and participating landowner posting the financial security, provided that the bonding company or lending institution is authorized to conduct such business within the Commonwealth of Pennsylvania and is approved by the City.
[6] 
Decommissioning funds may be in the form of a performance bond, surety bond, letter of credit, corporate guarantee or other form of financial assurance as may be acceptable to the City.
[7] 
If the facility owner or operator fails to complete decommissioning within the six-month period, then the landowner shall have six months to complete decommissioning.
[8] 
If neither the facility owner or operator, nor the landowner complete decommissioning within the periods prescribed above, then the City shall have the authority to take such measures as necessary to secure and utilize decommissioning funds to complete decommissioning activities. The entry onto and submission of evidence of a participating landowner agreement to the City shall constitute agreement and consent of the parties to the agreement, their respective heirs, successors and assigns that the City may take such action as necessary to implement the decommissioning plan.
[9] 
The escrow agent shall release the decommissioning funds when the facility owner or operator has demonstrated and the City concurs that decommissioning has been satisfactorily completed, or upon written approval of the City in order to implement the decommissioning plan.
C. 
Oil and gas compressor stations.
(1) 
Application and permit requirements. All conditional use applications for an oil and gas compressor station shall meet the requirements of this subsection of this chapter. No zoning permit shall be issued for a compressor station unless conditional use approval and land development have first been obtained.
(2) 
Standards. In addition to the general criteria for a conditional use, the following additional standards must be met before a conditional use application may be approved.
(a) 
The minimum lot size shall be 10 acres.
(b) 
A compressor station shall not be located closer than 2,500 feet from another compressor station.
(c) 
No compressor station shall be located closer than 1,500 feet from any dwelling or school.
(d) 
Compressors shall be located completely within an enclosed building. During periods of normal operations doors, windows and similar operations shall remain closed. Only electric-powered compressors may be utilized.
(e) 
A compressor station's noise level shall be equal to or less than 60 dBA at the property line for the oil and gas compressor station's site and all adjoining properties.
(f) 
The application must provide the ESCGP-2 Plan and a post construction stormwater management plan prepared by a licensed professional engineer licensed in the Commonwealth of Pennsylvania.
(g) 
Land development approval is required under Chapter 475, Subdivision and Land Development.
(h) 
The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on site to the City and its Emergency Management Coordinator within 30 days prior to commencement of the use.
(i) 
The operator shall provide an emergency management plan to the City at the time of approval of the use. The plan shall be completed in coordination with the Fire Department.
(j) 
The operator shall provide and keep current a prioritized call list with names, emails, addresses and phone numbers for twenty-four-hour emergency contact at the time of its application.
(k) 
The operator shall take measures to make certain that no mud, dirt and debris is deposited onto public roads.
(l) 
The site must be secured by a minimum eight-foot-high chain-link fence with a locking gate that shall be kept located when employees are not on site.
(m) 
Lighting shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties.
(n) 
Compressor stations shall have adequate area improved with a dust-free all-weather surface which shall be provided on the site for parking.
(o) 
Operators shall take all measures necessary to make certain that dust does not emanate from the site.
(p) 
Where a performance standard under this subsection is more restrictive or contradicts a performance standard under Article X of this chapter, the performance standard under this subsection shall control.
D. 
Oil or gas operations.
(1) 
Application and permit requirements. All conditional use applications for oil and gas operations shall meet the requirements of this subsection of this chapter. No zoning permit shall be issued for an oil or gas operation unless conditional use and land development approvals have first been obtained.
(2) 
Standards. In addition to the general criteria for a conditional use, the following additional standards must be met before a conditional use application may be approved.
(a) 
In addition to the requirements for a site plan for a zoning permit under this chapter, the applicant shall indicate on the site plan all information necessary to show compliance with the supplemental regulations of this subsection.
(b) 
Except for a gas or oil pipeline, a minimum lot size of 10 acres is required and a minimum lot depth and width of 500 feet each shall be required for all oil or gas operations.
(c) 
Except for a gas or oil pipeline which shall be located a minimum of 50 feet to an adjoining property measured from the outermost edge of any easement, a minimum setback of not less than 500 feet shall be maintained to any adjoining property line, residential dwelling unit, occupied building, and public road right-of-way. All land within the required setback shall remain undisturbed and shall not be used for parking, storage or any other purpose associated with the oil or gas development except for permitted access drives.
(d) 
An oil or gas operation shall be set back a minimum distance of not less than 750 feet from any stream, spring, body of water, or wetland.
(e) 
Except for a gas or oil pipeline, a buffer yard along all property lines of not less than 100 feet in depth planted with deciduous trees shall be maintained in such a manner as to obstruct the view of the oil or gas operation from adjoining properties and public rights-of-way of not less than 75 feet in depth. The governing body may take into consideration the topographic features and existing natural vegetation which may provide natural buffering to adjoining areas as opposed to requiring the applicant to plant deciduous trees within the buffer yard. It shall be the responsibility of the applicant and property owner to maintain all buffer yards in good condition, replacing any dying or dead plants or deteriorating landscape material.
(f) 
The height of a drilling rig and other temporary facilities on site shall be exempt from the height limits of this chapter. Permanent structures, whether principal or accessory, shall comply with the height and other dimensional and bulk limitations applicable to the underlying zoning district.
(g) 
Multiple wells may be approved on one oil or gas well pad. A separate application and zoning approval shall be required for each well.
(h) 
A land development plan is required under Chapter 475, Subdivision and Land Development.
(i) 
A stormwater management plan is required under Chapter 424, Stormwater Management.
(j) 
The required amount of off-street parking shall be a minimum of one space for each person working on the property. Off-street parking and loading shall comply with Article VIII of this chapter except all vehicle parking and staging areas shall be set back not less than 150 feet from any property line. In addition, no vehicles shall be parked or staged on any public road right-of-way or be permitted to back into or out of the public right-of-way.
(k) 
The applicant shall comply with all applicable state and federal regulations and provide copies of all state or federal permits and approvals to the Zoning Officer before the commencement of any work. Notification to the Zoning Officer shall be given immediately following any suspension or revocation of state or federal approvals or permits. Any approval by City Council shall be contingent upon compliance with all state and federal regulations, permits and approvals at all times during the oil or gas operation.
(l) 
Access to any oil or gas operation shall be arranged to minimize danger to traffic, nuisance to surrounding properties and to maintain the integrity of streets. The following shall apply:
[1] 
Any newly established private roads or easements constructed on a property shall be located at least 100 feet from any property line.
[2] 
Any access road beginning with its intersection with a public right-of way shall be paved in accordance with governing design standards under Chapter 475, Subdivision and Land Development, prior to the use of the access road.
[3] 
All roads and access drives shall be constructed and maintained to prevent dust and mud from the surrounding area. A method of dust abatement shall be utilized during dry weather and under no circumstances shall brine water, sulfur water or water in mixture with any type of hydrocarbon be used for dust abatement.
[4] 
The access driveway off any public road shall be gated at the entrance to prevent unauthorized access; and an assigned 911 address shall be clearly visible on the access gate for emergency 911 purposes.
(m) 
The applicant shall be liable for the full and complete repair and restoration of all damages of whatever nature to all City streets directly caused by trucks associated with the oil or gas operation. Proposed routes of all trucks and other heavy equipment and the estimated weights of those trucks and heavy equipment shall be disclosed. The City shall have the right to designate alternate routes in the event the proposed route is determined to be inadequate, unsafe, or overlay disruptive to normal vehicular traffic. All City streets used in the oil or gas operation for truck and equipment hauling will be maintained and restored, if damaged. The City and applicant shall enter into an excess roadway maintenance agreement, the terms and conditions of which are acceptable to the City to guarantee the maintenance, repair and the restoration of any City streets. The excess roadway maintenance agreement shall at a minimum require the posting of a bond or other financial security in favor of the City to guarantee maintenance, repair and restoration of all City streets used in the oil or gas operation.
(n) 
Oil or gas operations shall not clear brush or trees by way of burning, and it shall chip, grind or remove all tree stumps from properties it clears for development purposes.
(o) 
The applicant shall take the following steps to minimize noise resulting from an oil or gas operation:
[1] 
At the time of the zoning application and prior to commencement of the operation, the applicant shall establish the continuous seventy-two-hour ambient noise for all level of frequencies at all boundaries of the property on which an oil or gas operation is located with prior approval of the testing times and dates by City Council.
[2] 
The applicant shall also show at the time of the application that during the operation and between the decibel level shall not exceed 55 decibel levels at any point outside the boundaries of the property.
[3] 
All noise level measurements shall be made using a sound-level meter meeting the most current American National Standard Specification for Sound Level Meters (ANSI 1.4-not less than Type 2 instruments). The instrument shall have been field-calibrated according to the manufacturer's directions within the periodicity required by the manufacturer prior to the measurements. All measurements shall be taken using the FAST response time and A-weighting.
(p) 
All electrical installations and equipment associated with building shall conform to the City ordinances and the Pennsylvania Uniform Construction Code.[2]
[2]
Editor's Note: See Ch. 180, Construction Codes.
(q) 
Except for gas or oil pipelines, during construction of an oil or gas operation, there shall be temporary security fencing of at least six feet in height around the perimeter of the site. Upon completion of construction, security fencing consisting of permanent eight-feet-in-height chain-link fence equipped with lockable gates at every access point shall be promptly installed to secure the site. Warning signs shall be placed on the fencing providing notice of the potential dangers and the contact information in case of an emergency.
(r) 
The applicant shall provide, at the time of the application, an emergency response plan. The plan shall be reviewed and approved by all agencies identified in the plan as being possibly affected by the gas or oil well operation, including but not limited to City Council, the Police Department, the Fire Department, the Zoning and Code Enforcement Officer, the school district, and the Emergency Management Coordinator for the City and Luzerne County.
(s) 
A lighting plan shall be submitted at the time of the application showing that all exterior lights are diverted so that they do not shine directly on a public street or adjoining properties and in compliance with Article X of this chapter.
(t) 
Except for active drilling operations, construction of an oil or gas operation may only be performed Monday through Saturday (with the exception of federal and state holidays) between the hours of 7:00 a.m. and 7:00 p.m., or as otherwise authorized by the City.
(u) 
The applicant shall submit at the time of the application a copy of a water quality tests on all water wells, developed springs, and surface waters within 3,000 feet of a proposed oil or gas well prior to the commencement of any drilling. The required water testing shall, at minimum, be for the following substances: methane, ethane, barium, chloride, total dissolved solids, pH, lead, arsenic, iron, manganese, strontium, sodium, hardness (calcium and magnesium), sulfate, nitrate, oil and grease, detergents/surfactants, total coliform bacteria, turbidity, alkalinity, 21 VOCs/MTBE, radium, radon, uranium, gross alpha and beta.
(v) 
The applicant shall purchase and maintain insurance for environmental pollution liability applicable to bodily injury, property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incurred in the investigation, defense or settlement of claims; all in connection with any loss arising from the insured site. Coverage shall be maintained in an amount of at least $5,000,000 per loss, with an annual aggregate of at least $10,000,000. In the alternative, the applicant may self-insure such losses upon a showing of financial responsibility and capability, the determination by any state appointed auditor to be deemed conclusive. This coverage shall not operate as a limitation of liability on an applicant. The scope of coverage for such insurance shall be approved by City Council. Coverage shall include coverage for pollution resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants in excess of applicable permits. The applicant shall maintain coverage for a period approved by the City.
E. 
Natural gas processing plant or electricity-generating plant.
(1) 
Application and permit requirements. All conditional use applications for natural gas processing plants and electricity generating plants shall meet the requirements of this subsection. No zoning permit shall be issued for a plant unless conditional use and land development approvals have first been obtained.
(2) 
Standards. In addition to the general criteria for a conditional use, the following additional standards must be met before a conditional use application may be approved.
(a) 
The minimum lot area is 15 acres.
(b) 
All principal buildings and accessory structures shall be set back not less than 100 feet from any property line, and 500 feet from any residential zoning district or property used for residential use.
(c) 
The noise levels for the plant shall be equal to or less than 65 dBA at the property line, and 55 dBA noise level at any adjacent residential dwelling.
(d) 
The applicant must provide the City with the ESCGP-2 Plan and the post construction stormwater management plan prepared by a licensed professional engineer who is registered in the Commonwealth of Pennsylvania.
(e) 
A site plan is required under Chapter 475, Subdivision and Land Development.
(f) 
The operator shall provide all material safety data sheets (MSDSs) for all materials produced, stored or distributed on the site to the City and the Emergency Management Coordinator at least 30 days prior to commencement of the use.
(g) 
The operator shall provide an emergency management plan to the City at the time of approval of the use. The plan shall be completed in coordination with the City Fire Department.
(h) 
The operator shall provide and keep current a prioritized call list with names, emails, addresses and phone numbers for twenty-four-hour emergency contact at the time of its application.
(i) 
The operator shall take measures to make certain that no mud, dirt and debris is deposited onto public roads.
(j) 
The site must be secured by a minimum eight-foot-high chain-link fence with a locking gate that shall be kept located when employees are not on site.
(k) 
Lighting shall be directed downwards and shielded so as to avoid glare on public roads and adjacent properties.
(l) 
Where a performance standard under this subsection is more restrictive or contradicts a performance standard under Article X of this chapter, the performance standard under this subsection shall control.

§ 575-508 Historical Overlay District.

A. 
Designation of historical buildings.
(1) 
The buildings and structures located on the properties listed in Attachment No. 1[1] are designated as historical landmarks for the purposes of this section of this chapter.
[1]
Editor's Note: Said attachment is on file in the City offices.
(2) 
The designation of the buildings listed in Subsection A(1) do not preclude an owner of any property within the Historical Overlay District from applying for acceptance of the property on the National Register of Historical Places, or for other historic honors or designations.
(3) 
Any property included within the Historical Overlay District that is not designated as having a historical building under Subsection A(1) may have the building designated by City Council as a historical landmark upon application and approval by City Council.
(4) 
Any owner of property not included within the Historical Overlay District may, upon application to City Council, request that the Official Zoning Map be amended to include the property in the Historical Overlay District. Any amendment to the Official Zoning Map to include additional property in a Historical Overlay District may be approved at the discretion of City Council under the amendment procedures of this chapter.
B. 
Criteria for designation of a historical building. The following criteria apply to buildings that possess integrity of location, design, setting, materials, workmanship, feelings, and associations that:
(1) 
Are associated with events that have made a significant contribution to the broad patterns of history within the City;
(2) 
Are associated with the lives of persons significant in the City's past;
(3) 
Embody the distinctive characteristics of a type, period, or method of construction;
(4) 
Represent the work of a master;
(5) 
Possess high artistic values or represent a significant and distinguishable entity whose components may lack individual distinction; or
(6) 
Have yielded, or may be likely to yield, information important in the history of the City.
C. 
Evaluation of integrity. In addition to historic significance, the historic integrity of each building is assessed based upon the following qualities:
(1) 
Location;
(2) 
Design;
(3) 
Setting;
(4) 
Materials;
(5) 
Workmanship;
(6) 
Feeling; and
(7) 
Aspects of construction dating from the period when it attained significance.
D. 
Application procedures.
(1) 
A zoning permit application is required before any demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.
(2) 
In addition to the site plan required by this chapter, when the application involves exterior construction, alteration, modification or rehabilitation of an historical building, certified architectural drawings shall be included with the application.
(3) 
Photographs of the building shall accompany an application.
(4) 
This section shall not apply to the demolition of accessory structures less than 100 square feet in size. However, the permanent removal of character-defining architectural elements of a building listed under Subsection A(1), including, but not limited to, porches and porticos shall not be exempt under this section of this chapter.
E. 
Changes to historical buildings.
(1) 
The demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section shall not be approved nor zoning and building permits issued until the application and plan is reviewed by the City Planning Commission and approved by City Council.
(2) 
The provisions of this section of this chapter shall not be construed to prevent the ordinary maintenance or repair of any building or structure where such work does not require a permit and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a building or structure and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage.
(3) 
No new construction of a building or structure on the property listed under Subsection A(1) of this section shall be erected, and the Zoning Officer may not issue any permit for such work, until approval is obtained from City Council. City Council shall pass upon the appropriateness of exterior architectural features only where they can be seen from a public street or public right-of-way, and shall consider the general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings listed under Subsection A(1).
F. 
Rehabilitation standards. The following rehabilitation standards will be considered in the review and approval of an application for a building listed under Subsection A(1):
(1) 
The building shall be used for its current purpose or be replaced with a new use permitted in the underlying district. If the new use is permitted by special exception, then any approval by City Council shall be conditioned upon special exception approval by the Zoning Hearing Board.
(2) 
The historic character of the building shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize an historical property shall be avoided.
(3) 
Each historical property shall be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(4) 
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(5) 
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
(6) 
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(7) 
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(8) 
New materials, exterior alterations, or related construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment.
(9) 
New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
G. 
Consideration for design review. Among the criteria used in evaluating any proposed new construction, reconstruction, alteration, or restoration of any historical building listed under Subsection A(1) of this section, City Council shall consider the following, where relevant:
(1) 
Mass (height, bulk, nature of roof line).
(2) 
Proportions (height to width).
(3) 
Consistency with architectural style with nearby structures within the Historical Overlay District.
(4) 
Nature of yard space.
(5) 
Extent of landscaped areas versus paved areas.
(6) 
The nature of facade openings (doors and windows), including size, locations, and proportions.
(7) 
Type of roof (flat, gabled, hip, gambrel, mansard, etc.).
(8) 
Nature of projections (porches, etc.).
(9) 
Nature of the architectural details and style.
(10) 
Nature of the materials.
(11) 
Color.
(12) 
Texture.
(13) 
Ornamentation.
(14) 
Signs.
H. 
Standards for demolition. All historical buildings listed under Subsection A(1) of this section shall be:
(1) 
Moved as an alternative to demolition if there is no other way to preserve the building. Any matter of immediate threat to health and safety shall override any postponement of demolition.
(2) 
Maintained in good repair, structurally sound and reasonably protected against decay and deterioration.
(3) 
Meet the minimum requirements of the most recently adopted edition of the International Property Maintenance Code. Any condition of an existing building that does not meet the minimum requirement of the International Property Maintenance Code shall be considered a violation of both the International Property Maintenance Code and this chapter.
I. 
Powers and duties of the City Planning Commission.
(1) 
The City Planning Commission shall:
(a) 
Review applications for proposed demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.
(b) 
Consider the financial feasibility of its recommendations based on cost estimates and other financial documentation provided by the applicant when necessary.
(c) 
Submit written recommendations to City Council regarding the advisability of the Zoning Officer issuing a zoning permit and the building code official issuing a building permit for a historical building. The Planning Commission shall base its recommendations of approval, conditional approval, or denial to City Council on the following:
[1] 
The integrity of exterior architectural features which can be seen from a public street or way, including the general design, arrangement, texture, and materials of the building and the relation of such factors to similar features of surrounding buildings of the period of significance.
[2] 
The effect that the proposed change will have upon the general historic and architectural nature of the building.
[3] 
The written determination of appropriateness by the Zoning Officer.
[4] 
The applicant's justification for the proposed activity, including financial feasibility and cost estimates.
(d) 
A recommendations to Council may include conditions of approval that modify an applicant's initial application. If the City Planning Commission decides to recommend against the granting of zoning and building permits for a historical building, it shall indicate to the applicant those changes, if any, which would result in a favorable recommendation. The City Planning Commission may withhold its recommendation to City Council if the applicant agrees to return to the City Planning Commission at a future regularly scheduled meeting with revised plans for its consideration.
(2) 
The City Planning Commission may review the Historical Overlay District from time to time and make recommendations to City Council on proposed amendments to the Historical Overlay District.
J. 
Powers and duties of City Council.
(1) 
City Council shall:
(a) 
Certify to the appropriateness of the proposed demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.
(b) 
Consider the recommendations of the City Planning Commission for all applications for the demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.
(c) 
Approve, approve with conditions, or deny any applications for demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section.
(d) 
Consider the effect which the proposed demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section will have upon the general historic and architectural nature of the surrounding area, the Historical Overlay District, and the City.
(2) 
Upon conditional use approval of any proposed demolition, construction, alteration, modification, or rehabilitation of the exterior of any historical building listed under Subsection A(1) of this section, City Council shall issue a decision authorizing the issuance of a zoning permit. The building code official shall not issue a building permit without such an approval and then only if the work complies with the applicable building codes.
(3) 
A denial of any proposal under this section of this chapter by City Council shall be in writing and include the reasons for the denial. A copy of the decision shall be provided to the applicant, the Zoning Officer, the building code official, and the City Planning Commission.