Wilkes Barre City Zoning Code

ARTICLE 7

- SUPPLEMENTAL REGULATIONS

Section 701.- Purpose and intent.

Certain uses of land and/or buildings, as specified herein, whether permitted by right, special exception and/or conditional use, shall be subject to supplemental regulations in addition to those of the district in which the use is located.

Section 702. - Use regulations.

702.1

After Hours Club.

An After Hours Club, as so defined in Article 2 of this Ordinance, shall be located not less than 1,000 feet from any of the following uses:

A residential dwelling.

A place of worship.

A public or quasi-public use or structure.

A zoning boundary of any zoning district in which residences are permitted as a principal permitted use.

Measurements of the required distance shall be made in a straight line, from the nearest portion of the structure or premises of an adult use, to the nearest property line of the above noted uses. The structure and/or premises of an adult use, including all off-street parking areas shall be completely enclosed by a "Buffer Area" as so defined in Article 2 of this Ordinance. The owner of the property shall be responsible to maintain such the Buffer Area in good condition, including the replacement of any trees, which are damaged, die, removed by whatever means or otherwise fail to grow.

702.2

Ambulance Service, Private.

Private ambulance services may be permitted, subject to all the requirements of this Ordinance, and in accordance with the following provisions. The intent of this Section is to regulate private ambulance services which are designed and intended to provide non-emergency medical transportation services.

No ambulance vehicle shall be located closer than two hundred (200) feet to any residential structure or residential district.

Three (3) off-street parking spaces shall be required for each ambulance and its crews.

One (1) off-street parking space shall be required for every 300 square feet of floor area occupied by a private ambulance service.

702.03

Automobile Related Activities.

Automotive Repairs (Repair Garage): Activities including the repair of automobiles, trucks, snowmobiles and motorcycles shall be conducted within a completely enclose building where adequate measures shall be taken to minimize noise, vibrations, fumes and glare. Said buildings shall be equipped with oil containment facilities/equipment which shall prohibit any oil from being discharged upon the ground or into streams, aquifers and/or environment. Refuse and/or waste oil shall be removed from site with disposal required in accordance with governing standards of the Pennsylvania Department of Environmental Protection. Only vehicles to be repaired on the premises or picked up by the vehicles' owner may be stored in the yard area. Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:

• Construction of a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the car wash facility from adjoining properties.

• Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four (4) feet in depth, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years, The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.

Outdoor trash dumpsters shall be concealed within an area surrounded by a solid opaque fencing not less than six (6) feet in height. The provision of any outside lighting shall be directed away from adjacent properties.

Automotive Sales: Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:

• Construction of a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the facility from adjoining properties.

Gas Station, Limited-Service, Gas Stations (Also Includes Convenience Stores with Gasoline Sales): Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:

• Construction of a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the car wash facility from adjoining properties.

• Within a required rear yard or side yard setback; there shall be a landscaped planting strip not less than four (4) feet in depth, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.

Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six (6) feet in height.

Gasoline pumps or other service appliances and canopies may be located in the required front yard subject to having a setback of not less than fifteen (15) feet from the right-of-way line of the adjoining street. All repair services, storage or similar activities in connection with the use shall be conducted within the building where adequate measures shall be taken to minimize noise, fumes and glare, Outside lighting shall be directed away from adjacent properties.

Car Wash:

The site shall be able accommodate three (3) cars per stall waiting washing during peak periods so that lines along public streets are avoided. Traffic flow and ingress/egress shall not cause traffic hazards on adjacent streets. On-lot traffic circulation channels and parking areas shall be clearly marked.

The facility shall be designed with a water reclamation system, The applicant shall provide evidence that adequate measures will be in place to prevent pollutants from being washed into the groundwater or waterways. Any chemicals or polluted runoff that may be hazardous to aquatic life shall be stored within an area that will completely contain any leaks, spills or polluted runoff. Water used in the operation shall not flow into streets, sidewalks, separated storm sewers or waterways.

Adequate provisions shall be made for the proper and convenient disposal of refuse.

Where car wash abuts any R District, the following additional requirements shall apply to the side and rear yard property boundaries:

• Construction of a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the car wash facility from adjoining properties.

• Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four (4) feet in depth, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.

702.04

Banks.

Banks and other similar financial offices shall provide sufficient space to accommodate parking, vehicular circulation areas for drive-in tellers, access areas for parking lots separated from drive-in areas, and areas for pedestrian traffic separated from vehicular traffic for safety. Canopies over drive-through areas shall meet all yard setback requirements.

702.05

Bed and Breakfast.

A Bed and Breakfast shall be within an owner occupied dwelling which are rented on a nightly basis for periods of normally not more than a week. There shall not be separate cooking facilities in any guestrooms. Dining and other facilities shall not be open to the public, but shall be exclusively for the use of the residents and registered guests. Two off street parking spaces shall be provided for each rental unit.

No signs, show windows or any type of display or advertising shall be visible from outside the premises, except for a single wall or freestanding sign, which shall not be internally illuminated, with a maximum sign area of four square feet on each of two sides, if freestanding, and with a maximum height of eight (8) feet.

In a residential district, the exterior of the building shall not be changed in any way that would decrease its residential appearance and character, except for needed modifications for historic restoration, handicapped access or fire safety.

702.06

Boarding/Rooming House.

The property shall be limited to providing lodging for not more than four (4) persons, excluding the owner of the property. Off-street parking spaces shall be provided for each person residing therein.

702.07

Bottle Club.

A Bottle Club, as so defined in Article 2 of this Ordinance, shall be located not less than 1,000 feet from any of the following uses:

A residential dwelling.

A place of worship.

A public or quasi-public use or structure.

A zoning boundary of any zoning district in which residences are permitted as a principal permitted use.

702.08

Bulk Fuel Storage.

The bulk storage of natural and manufactured gas shall comply with the following requirements:

Storage tanks shall be located not less than one hundred (100') feet from any property line and shall be not less than five hundred (500') feet from any dwelling, school, church or similar use.

Cylinder filling rooms, pumps, compressors and truck filling stations shall be located seventy-five (75') feet from all property lines.

The tank storage area shall be fenced with an eight (8') feet high industrial gauge fence. If the property abuts on the side or rear property line containing a residence, the property shall be screened from view by a dense growth of evergreens at least five (5') feet in height at the time of planting.

Bulk fuel storage facilities shall be developed in full compliance with all applicable federal, state and insurance regulations.

702.09

Cemeteries.

The property shall not be less than five (5) acres. A structure, grave, or place of permanent burial shall be set back not less than fifty (50) feet from the property line, The cemetery shall be enclosed along all boundaries by fence, wall or shrubbery, or any combination thereof, at least four (4) feet in height. The interior roads shall have a minimum width of fifteen (15) feet and shall be properly maintained with either gravel or paving.

702.10

Club/Private Lodge.

Buildings utilized for such purposes shall not be less than forty (40) feet from any property line. Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:

• Construction of a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the facility from adjoining properties.

• Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four (4) feet in depth, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four (4) feet high within three (3) years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.

Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six (6) feet in height. The provision of any outside lighting shall be directed away from adjacent properties.

702.11

Commercial Communication Antennas (Attached to Existing Structure).

A Commercial Communication Antenna when attached to an existing building or structure shall subject to the following requirements:

(1)

A Commercial Communications Antenna mounted on a building or other structure shall not exceed eight (8) feet in height above the existing building or structure.

(2)

A Commercial Communications Antenna shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. A copy of the subject standards shall be submitted with a Zoning Permit Application.

(3)

The applicant shall provide a copy of its current Federal Communication Commission license.

(4)

The applicant shall provide Certification and documentation from a Pennsylvania registered professional engineer certifying that the proposed installation will not exceed the structural capacity of the building or structure, considering wind and other loads associated with such mount or location.

(5)

The applicant shall provide evidence of agreements and/or easements necessary to provide access to the building or structure on which the Commercial Communications Antenna is to be mounted.

(6)

The applicant shall provide A Certificate of Insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 million per occurrence.

702.12

Commercial Communication Antennas (Co-Location).

The placement of a Commercial Communication Antenna upon an existing Commercial Communication Tower or an existing public utility transmission tower shall be permitted by right in all nonresidential zoning districts.

702.13

Commercial Communications Facility.

Commercial Communication Facilities shall be subject to the following requirements.

Commercial Communications Antenna.

(1)

Commercial Communications Antenna shall comply with all applicable standards established by the Federal Communications Commission governing human exposure to electromagnetic radiation. A copy of the subject standards shall be submitted with a Zoning Permit Application.

(2)

The applicant shall provide a copy of its current Federal Communication Commission license.

Commercial Communication Tower.

(1)

A written statement and graphic depiction that describes and depicts the proposed Tower including the type of construction (monopole, lattice tower, guyed tower), tower height and the provision for colocation.

(2)

The submission of not less than three color photos, no smaller than 8 inches by 10 inches, taken from locations within a three (3) mile radius of the proposed site of a Communications Tower, as selected by the Board and computer enhanced to simulate the as-built appearance of the Tower as it would appear from these locations.

(3)

Certification and documentation from a Pennsylvania registered professional engineer that the proposed Tower will be designed in accordance with the current Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, published by the Electrical Industrial Association/Telecommunications Industry Association and applicable requirements of the Pennsylvania Uniform Construction Code and other applicable regulations.

(4)

The name, address, and emergency telephone number for operator of the Tower.

(5)

The applicant shall demonstrate, using technological evidence, that the Tower must be located where it is being proposed and that it represents the minimum height required to function satisfactorily.

(6)

All new Towers shall be engineered and constructed to accommodate at least one (1) other user.

(7)

Unless required by the FAA, no Tower may use artificial or strobe lighting.

(8)

A Tower shall be setback from all property lines a distance that is not less than one hundred and twenty (120%) percent of the height of the Tower as measured in linear feet.

(9)

An applicant proposing the construction of a Tower shall demonstrate that a good faith effort has been made to obtain permission to mount the Communications Antennas on an existing building, structure of Communications Tower. A good faith effort shall require that all owners of potentially suitable structures within a one-half (½) mile radius of the proposed Tower site be contacted. The applicant shall supply supporting documentation for not selecting an alternate location.

(10)

All guy wires associated with a Guyed Tower shall be clearly marked at ground level so as to be visible at all times and shall be located within a fenced enclosure. The exposed, aboveground portion of guy anchors shall be no less than 10 feet from the nearest property line.

(11)

No signs shall be mounted on a Tower, except as may be required by the Federal Communications Commission, Federal Aviation Administration or other governmental agency that has jurisdiction, provided, however, that a sign shall be affixed to the security fence in an accessible and visible location containing the name and address of the owner of the Tower and a 24-hour emergency telephone number.

Commercial Communications Equipment Building:

(1)

A Commercial Communications Equipment Building shall not exceed four hundred (400) square feet of floor area.

(2)

A Commercial Communications Equipment Building shall meet the governing setback distances applicable to the district in which it is located.

General Requirements.

(1)

The applicant shall provide a Certificate of Insurance evidencing general liability coverage in the minimum amount of $1,000,000 per occurrence and property damage coverage in the minimum amount of $1,000,000 million per occurrence covering the Commercial Communications Facility.

702.14

Contractors' Storage Yards.

Commercial or industrial uses utilizing outdoor storage space of more than 1,000 square feet, shall be located on a tract of land not less than two (2) acres. Supplies stored outdoors shall be neatly arranged and no required yard setback areas shall be used for storage. There shall be a roadway fourteen (14) feet in width provided for every forty linear (40) feet of stored materials. The roadway shall be kept passable for fire-fighting equipment. Where such use abuts any R District, the following requirements shall apply to the side and rear yard property boundaries:

• Construction of a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the storage areas from adjoining properties.

• Within a required rear yard or side yard setback, there shall be a landscaped planting strip not less than four (4) feet in depth, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four (4) feet high within three (3) years. The landscaped planting strip shall be maintained in good condition at all times, including the replacement of any shrubs or trees which are damaged, die or otherwise fail to grow.

702.15

Conversion of Existing Single Family Housing Units.

No existing single family dwelling unit shall be converted into two or more dwelling units or into any nonresidential use in an R-1 (Single Family Residential) District.

702.16

Day Care Facilities.

All day care facilities shall comply with the following:

The applicant or owner shall provide evidence of certification of compliance with all appropriate regulations of any designated State agency whose approval and/or license is required by the laws of the Commonwealth.

Noise and all other possible disturbing aspects connected such use shall be controlled to the extent that the operation of such use shall not unduly interfere with the use and enjoyment of properties in the surrounding area.

Outdoor play areas and/or recreational area shall be completely enclosed with a fence six (6) feet in height. Outdoor play and/or recreational activities shall be limited to the hours between 10:00 AM to 5:00 PM local time. The minimum area of said play area shall be three-hundred (300) square feet or ten (10) square feet per child, whichever is greater.

The applicant shall supply evidence that vehicular traffic congestion will be avoided in "pick-up and drop-off points" utilized in transporting individuals to and from the facility.

702.17

Emergency Services Facility.

Where the parking area abuts the side or rear property lines of an adjoining residential use, a solid wall or solid opaque fencing eight (8) feet. In front of the fence or wall there shall also be a landscaped planting strip at least four (4) feet wide, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years.

702.18

Entertainment Facilities.

Entertainment facilities as defined in Article 2 of this Ordinance shall provide proper parking areas with vehicular circulation and access designed to minimize any potential traffic congestion. Such facilities shall not be closer than twenty-five (25) feet from any boundary of a district having residences as principal permitted use, shall provide adequate screening from any residential district, and shall be conducted entirely within an enclosed structure

702.19

Food Processing.

The processing, packaging, dressing and treatment of meat, poultry and fish products, shall be conducted wholly within a completely enclosed building, Smoke, noise, or odors affecting adjacent property shall be prohibited.

702.20

Forestry Activities (Timber Harvesting).

Forestry as so defined in Article 2 of this Ordinance shall be subject to the following requirements:

A forestry management plan shall be prepared and followed for any commercial forestry involving more than two acres. This plan shall be prepared by a professional forester and be consistent with the timber harvesting guidelines of the Pennsylvania Forestry Association.

Clear cutting shall be prohibited except on tracts of less than one (1) acre.

On tracts larger than one (1) acre, at least 20% of the forest cover (canopy) shall be kept, and the residual trees shall be well distributed. At least 20% of these residual trees shall be composed of higher value species as determined by a professional forester.

An erosion and sedimentation control plan shall be submitted to the County Conservation District for any review and recommendation.

The forestry management plan shall include an appropriate method to ensure reforestation, except for areas approved for a permitted use.

Commercial forestry is prohibited on areas with slopes greater than 25% or within the one-hundred-year floodway.

702.21

Funeral Home.

Funeral homes shall accommodate all of the parking areas required as provided in Article 12 of this Ordinance. In addition, sufficient area shall be provided for vehicular circulation on the lot and for the assembly area for the procession beyond the street right-of-way line. Points of vehicular access to the site shall not create traffic hazards oh the street. Loading and unloading areas for ambulances and hearses shall be within an enclosed building or shall be screened from view from adjacent properties by a solid wall or solid opaque fencing six (6) feet in height. Outside lighting shall be directed away from adjacent properties.

702.22

Garden Apartments.

All multi-family residential development of garden apartments shall be subject to the following requirements and all other applicable requirements of this Ordinance:

Minimum lot size shall be 2 acres.

Minimum lot width shall be 200 feet.

Maximum percentage of building coverage on a lot shall be 40 percent.

Minimum front yard setback shall be 50 feet.

Minimum rear yard setback shall be 50 feet.

Minimum side yard setback shall be 50 feet.

Maximum density shall be 15 units per (1) acre.

Maximum building height shall not exceed 3 stories or 35 feet.

Minimum distance between principal structures shall not be less than 35 feet.

Minimum front yard setback for off-street parking areas shall not be less than 30 feet.

l.[k.]

Minimum side yard setbacks for off-street parking areas shall be not less than 15 feet.

m.[l.]

Minimum rear yard setbacks for off-street parking areas shall be not less than 15 feet.

n.[m.]

Two (2) off-street parking spaces shall be provided for each dwelling unit.

o.[n.]

Unattached accessory structures, such as swimming pools, garages, carports and sheds shall be prohibited in the front yard. Unattached accessory structures located in the side or rear yard shall have five (5) foot side and rear yard setbacks. Attached structures shall have the same setbacks as required for principal structures.

702.23

Group Residence.

Any party wishing to establish and/or operate a "Group Residence," in addition to all other applicable zoning regulations and/or requirements, shall be subject to the following supplemental requirements:

The maximum occupancy of a Group Residence shall not exceed eight (8) persons, excluding staff. The occupancy of said Group Residence shall be governed by the standards and requirements as provided for within the most recent housing code standards of the governing code as provided for under the Pennsylvania Uniform Construction Code.

The Group Residence shall be under the jurisdictional and regulatory control of a governmental entity (County, State, and/or Federal).

The applicant and/or operator of a Group Residence shall provide written documentation from the applicable governmental entity which certifies said Group Residence complies with the location, supervised services, operation, staffing and management of all applicable standards and regulations of the subject governing program.

The applicable requirements and standards which govern off-street parking for a single family dwelling shall also govern for a Group Residence, however two (2) additional off-street parking spaces shall be provided and if there is any required staffing associated with the management and operation of a Group Residence.

A Group Residence shall be operated and maintained in the character of a residential dwelling in harmony with and appropriate in appearance with the character of the general vicinity in which it is to be located.

702.24

Home Occupations.

A home occupation shall be subject to all of the requirements of this Ordinance and the following provisions:

The occupation shall be carried on wholly indoors and within the principal building or within a building accessory thereto.

There shall be permitted a sign, not to exceed three (3) feet square feet in surface area, placed flat against the building as a wall sign, and said sign shall not be permitted above the first story level. No other exterior display or exterior storage or any other indication of a home occupation shall be permitted.

There shall be no maintenance of a stock in trade or show windows or displays or advertising visible outside the premises.

No articles shall be sold or offered for sale except those which are produced on the premises.

There shall be no repetitive servicing by truck.

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

The home occupation shall be carried on only by members of the immediate family residing in the dwelling, plus not more than one (1) additional employee.

The floor area devoted to the home occupation, regardless of where located upon the lot, shall be equivalent to not more than twenty (20%) percent of the floor area of the principal residential structure, excluding the floor area of any attached garage, hallway and closets.

Each home occupation shall have off-street parking as indicated below, in addition to that required for the dwelling unit:

Four (4) spaces for each physicians or dentist.

Two (2) spaces for all other home occupations.

Among the uses that shall not constitute a home occupation are the following; animal hospital; commercial stables kennels; funeral parlors or undertaking establishments; antique shop; restaurants; rooming, boarding, nursing or convalescent homes; health facilities; auto repair shops, and grocery stores.

702.25

Industrial Activities.

In addition to the applicable requirements of this Ordinance, all industrial activities and uses permitted by right and/or special exception shall comply with all regulations governing odors, fumes, dust, smoke, vibration, noise, sewage, industrial waste, fire hazards and any other of the activities and uses with side effects that are deemed injurious to the public health, safety and welfare by the United States Environmental Protection Agency (EPA), the Pennsylvania Department of Environmental Protection (DEP) and the Pennsylvania Department of Labor and Industry. It shall be the responsibility of the applicant to provide the Zoning Officer with a complete listing of all State and Federal regulations governing the proposed use and written compliance from the governing agency. All industries are required to supply the County Emergency Management Agency and the Fire Department with all applicable MSDS sheets, emergency operations and evacuation plans.

702.26

Junkyards and/or Automotive Wrecking Yards.

All new junk yards and automotive wrecking yards, or the proposed expansion of an existing junk yard and automotive wrecking yard, shall comply with the following:

Such premises shall at all times be maintained so as not to constitute a nuisance or menace to the health of the community or residents nearby or a place for the breeding of rodents and vermin.

Burning of any materials shall be prohibited.

No oil, grease, tires or gasoline shall be burned at any time.

No garbage, organic waste, rubbish, toxic materials and hazardous materials shall be stored on such premises.

Whenever any motor vehicle shall be received on such premises as junk, all gasoline, oil, antifreeze, transmission fluid and/or other toxic fluid or hazardous material shall be drained and/or removed said vehicles and disposed of in a manner consistent with the applicable rules and regulations of the Pennsylvania Department of Environmental Protection.

The storage of any combustible materials, such as gasoline, oil or related items, shall be placed in fireproof containers and stored within fireproof sheds.

The manner of storage and arrangement of junk and the drainage facilities on the site shall be such as to prevent the accumulation of stagnant water upon the premises. A storm water drainage plan shall be required.

There shall be no stockpiling of motor vehicles or any junk piled higher than four (4) feet.

Fire lanes of a minimum width of twenty (20) feet in width shall be provided for every forty (40) linear feet of junk, which shall be kept open and unobstructed for proper access for fire fighting equipment and safety purposes.

Junk shall not be stored within one hundred (100) feet of any adjoining property line or nearer than one hundred (100) feet to any adjoining or abutting street.

All junkyards shall be completely screened from view on all sides by a Buffer Area as so defined in Article 2 of this Ordinance. The required fence shall be not closer than ten (10) feet to any property line.

Every structure erected upon the premises and used in connection therewith shall be of fireproof construction.

All premises shall, at all times, be maintained so as not to constitute a nuisance, or a menace to the health, safety, and welfare of the community or to the residents nearby, or a place for the breeding of rodents and vermin.

Such premises may be open for business or any work in connection with the storage, processing and transportation or removal of junk only on Monday, through Saturday from 8:00 A.M. to 4:00 P.M., local time.

702.27

Methadone Treatment Facility.

Any proposed methadone treatment facility shall include with its submission of a zoning permit application, an operational narrative which accurately describes the nature of medical services to be offered and the names of the medical practitioners providing said services. A licensed physician, a MD or a DO, shall be on duty at the facility during the methadone treatment facility's hours of operation.

Prior to occupancy, any existing structure proposed for adaptive reuse as a methadone treatment facility shall be brought into compliance with all current building codes and all other applicable City, County, State and Federal regulations.

Any methadone treatment facility with direct access and/or frontage along a State Legislative Route shall include with its submission of a zoning permit application, a traffic impact analysis prepared by a professional licensed engineer with expertise in transportation and traffic planning. Such analysis shall address the following:

The number of vehicle trips expected to be generated during an average weekday including both a.m. and p.m. peak hours of adjacent street traffic.

The number and types of vehicles, with an origin or destination at the subject site, the need for which is generated by said use.

The routes, roadways or streets to reach the methadone treatment facility.

The impact of the levels of service at intersections within one half (½) mile of said methadone treatment facility.

Recommended traffic control devices designed to mitigate any documented adverse impact on adjacent roadways.

Required Off-Street Parking—Twelve (12) spaces for every doctor, licensed medical practitioner, and/or counselor; employed at the facility and one (1) additional space for every one hundred (100) square feet of gross floor area. All off-street parking areas shall be adequately lighted, with a lighting plan included within the submission of the required site plan.

702.28

Motels and Hotels.

Motel and Hotel uses shall require that in the case of a corner lot, access drives shall be not less than eighty (80) feet from the intersection of any two streets as measured from the intersection of the right-of-way lines.

702.29

No Impact Home-Based Business.

A No Impact Home-Based Business, as defined in Article 2 of this Ordinance, shall be permitted by right in all Residential Zoning Districts and zoning districts in which residences are permitted as a principal permitted use, except that such permission shall not supersede any deed restriction, covenant, or agreement restricting the use of the land, nor any master deed, bylaw, or other document applicable to common interest ownership community. The following standards and criteria shall apply to a No Impact Home-Based Business:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no employees other than the family members residing in the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature.

There shall be no outside appearance of a business, including, but not limited to, parking, signs or lights.

The business activity shall not use any equipment or process which creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity shall not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with a residential use in the neighborhood.

The business activity shall not occupy more than twenty-five [percent] (25%) of the habitable floor area.

The business shall not involve any illegal activity.

702.30

Outdoor Wood-Fired Boiler.

An Outdoor Wood-Fired Boiler shall be deemed to be an accessory structure permitted and shall only be located within a rear yard of a property. An Outdoor Wood-Fired Boiler shall comply with the following standards:

The property must have a lot area of not less than two (2) acres.

A safe flue or chimney shall be provided which has a minimum termination height of twenty-five (25) feet above the natural ground level upon which the outdoor wood-fired boiler is located and be provided with a spark arresting device designed and approved for that purpose.

A fan or blower attached to the appliance to increase the efficiency of the Outdoor Wood-Fired Boiler.

An outdoor wood-fired boiler shall be located not less than two hundred (200) feet from any property line and not less than forty (40) feet to any principal structure or building located upon the property.

The outdoor wood-fired boiler shall have an orange hang tag that signifies that it meets the EPA's standards for Phase 1 air emission levels of 0.60 pounds of fine particulates per million BTU heat input and qualifies for the EPS's voluntary program.

All outdoor wood-fired boilers shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and the regulations promulgated hereunder. In the event of a conflict, the regulations promulgated within this Section shall apply unless the manufacturer's instructions more restrictive, in which case the manufacturer's instructions shall apply.

The owner of the outdoor wood-fired boiler shall produce the manufacturer's instructions for all devices that do not conform to the requirements of this Section.

All outdoor wood-fired boilers may only be utilized for the sole purpose of furnishing heat to a structure or building and/or providing hot water during the time period of October 1 through May 1; and subject to meeting the requirements of this Section.

No homemade outdoor wood-fired boilers will be allowed.

Only natural clean wood may be burned in outdoor wood-fired boiler. Regardless of the manufacturer's instructions an outdoor wood-fired boiler shall not be used to burn any of the following materials:

• Any material that does not meet the definition of clean wood

• Furniture

• Garbage

• Tires

• Lawn clippings or yard waste

• Wet or soggy wood

• Material containing plastic

• Material containing rubber

• Waste petroleum products

• Paints and paint thinners

• Chemicals

• Any hazardous waste

• Coal

• Glossy colored paper

• Construction and demolition debris

• Plywood

• Particleboard

• Salt water driftwood

• Manure

• Animal carcasses

• Asphalt products

All storage of materials to be burnt in the outdoor wood-fired boiler shall be neatly stacked and/or stored under cover and free from insects (termites, ants, etc.) or any type of disease carrying rodents.

Ashes or waste cannot be accumulated in a large area on the property. They may be dispersed on the property as long as no accumulation can be seen (for example: spread in a driveway). Any large accumulation of ashes or waste must be disposed of weekly with the owner's trash.

702.31

Outdoor Storage (Commercial, as a Principal Use).

Outdoor storage, as defined in Article 2, shall be enclosed with a chain link fence eight (8) feet in height. A soil Erosion and Sedimentation Control Plan and Stormwater Drainage Plan shall be required for all areas of impervious surface to be provided for such storage. A complete listing of all types of machinery, material and items to be stored therein shall be attached to the required Zoning Application. No hazardous substance, as so defined in Article 2 of this Ordinance, shall be permitted upon the site. Where such storage areas abuts on the side or rear property line of any R District, a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the storage area from adjoining properties, shall be constructed and maintained in good condition along such boundary. In front of the fence or wall there shall also be a landscaped planting strip at least four (4) feet wide, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six (6) feet high within three (3) years.

702.32

Place of Worship.

A place of Worship, as so defined in Article 2 of this Ordinance shall require a minimum lot size of not less than 20,000 square feet. A parking area shall accommodate all parking spaces as required in Article 11 of this Ordinance. In the case of a corner lot, access driveways shall be not less than sixty (60) feet from the intersection of the two streets, as measured from the intersection of their right-of-way lines.

702.33

Public Recreational Facilities (Outdoors).

All such facilities shall conform to the following regulations:

No outdoor recreation activity, excluding walking trails and nature paths shall be conducted closer than thirty-five (35) feet to any property line.

Storm drainage from the site shall be channeled to natural drainage courses and away from adjoining properties.

702.34

Public Utility Buildings and Structures.

Public utility facilities as defined in Article 2 shall conform to the following regulations for properties containing such uses:

Access and parking shall be provided only in relationship to the maintenance and servicing of such facilities.

A chain-link fence and locked gate eight (8) feet in height shall surround the building or structures of such facilities.

Outside lighting shall be directed away from adjacent properties.

The location, design and operation of such facilities shall not adversely affect the character of any adjacent residential properties.

A buffer area not less than ten (10) feet in depth and comprised of trees and/or shrubs designed to conceal such buildings or structures of such facilities shall be required.

702.35

Restaurants and Taverns.

For those establishments located on a corner lot, no access drive shall be located less than thirty (30) feet from an intersection, as measured from an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Where tavern or restaurant abuts on the side or rear property line of any R District, a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the use from adjoining properties, shall be constructed and maintained in good condition along such boundary. In front of the fence or wall there shall also be a landscaped planting strip at least four (4) feet wide, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four (4) feet high within three (3) years. Outdoor trash dumpsters shall be concealed within an n area surrounded by solid opaque fencing not less than six (6) feet in height. The provision of any outside lighting shall be directed away from adjacent properties.

702.36

Restaurant, Fast Food.

For those establishments located on a corner lot, no access drive shall be located less than thirty (30) feet from an intersection, as measured from the right-of-way lines, from the intersection of the two abutting streets. Where such use abuts on the side or rear property line of any R District, a solid wall or solid opaque fencing eight (8) feet in height, designed to conceal and screen the use from adjoining properties, shall be constructed and maintained in good condition along such boundary. In front of the fence or wall there shall also be a landscaped planting strip at least four (4) feet wide, planted with shrubs or trees which are not less than three (3) feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least four (4) feet high within three (3) years. Outdoor trash dumpsters shall be concealed within an area surrounded by solid opaque fencing not less than six (6) feet in height. The provision of any outside lighting shall be directed away from adjacent properties. All drive-through lanes shall be distinctly marked and shall be separate from circulation lanes. Lanes shall not cross any principal pedestrian access to the building or site. To avoid internal traffic congestion, the site layout shall provide a minimum queuing distance of fifty (50) feet from start of lane to order.

702.37

Recycling Collection Center.

A Recycling Collection Center, as so defined in Article 2 of this Ordinance shall be governed by the following:

All materials shall be kept in appropriate containers, with appropriate sanitary measures and frequent-enough emptying to prevent the attraction of insects or rodents and to avoid fire hazards.

Adequate provision shall be made for movement of trucks if needed and for off-street parking.

All outdoor yard areas of a Recycling Collection Center used for the collection of recyclables, shall be enclosed with a solid fence not less than six (6) feet in height. Said fence shall be setback not less than fifteen (15) from adjoining property lines. The areas on the side of the fence facing an adjoining public right-of-way and/or property boundary shall be planted with evergreen trees. The variety or type of trees shall be subject to approval by the Zoning Hearing Board. Said trees shall be planted not more than eight (8) feet apart and shall be not less than six (6) feet in height at the time of planting. Said trees shall be maintained in good condition, including the replacement of any trees which are damaged, die or otherwise fail to grow.

The use shall only include the following operations: collection, sorting, baling, loading, weighing, routine cleaning and closely similar work, No burning or solid waste operations shall occur.

702.38

Sexually Oriented Business.

No Sexually Oriented Business, as so defined in Article 2 of this Ordinance, shall be located not less than 1,000 feet from any of the following uses:

A residential dwelling.

A place of worship.

A public or quasi-public use or structure.

A zoning boundary of any zoning district in which residences are permitted as a principal permitted use.

702.39

Townhouses.

Townhouses shall be subject to the following provisions and all applicable provisions of the Wilkes-Barre City Subdivision and Land Development Ordinance:

The maximum density for a townhouse development shall not exceed 12 dwelling units per gross acre.

Minimum Lot Width shall be two-hundred (200) feet.

Maximum percentage of building coverage on a lot per dwelling unit, exclusive of common or public open areas, shall be forty (40%) percent.

Minimum lot depth per dwelling unit shall be not less than one hundred (100) feet.

Minimum lot area per dwelling unit shall be not less than 2,000 square feet.

Minimum front yard setback shall be not less than thirty (30) feet.

No side yard setbacks shall be required for attached interior Townhouse units. A minimum side yard setback of not less than fifteen (15) feet shall be required only at the ends of the rows of Townhouses.

Minimum rear yard setback shall be not less than thirty (30) feet.

Minimum width of each dwelling unit shall be not less than twenty (20) feet.

Maximum building height shall be 2½ stories or thirty-five (35) feet.

L.[K.]

Minimum distance between principal structures shall be not less than thirty (30) feet.

K.[L.]

Minimum front yard setback for off-street parking areas shall be not less than ten (10) feet.

L.[M.]

Minimum rear yard setbacks for off-street parking areas shall be not less than fifteen (15) feet.

M.[N.]

Two (2) off-street parking spaces shall be provided for each dwelling unit.

M.[O.]

Unattached accessory structures such as pools, garages, carports and sheds shall be prohibited in the front yard. Unattached accessory structures located in the side or rear yard shall have not less than five (5) feet side and rear yard setbacks. Attached accessory structures shall have the same setbacks as required for principal structures.

702.40

Veterinarian Hospital/Clinic.

A Veterinarian Hospital/Clinic shall maintain all activities within a completely enclosed soundproof building, and no objectionable odors shall be vented outside the building.

702.41

Warehouse and Distribution Facilities.

All materials shall be stored within a completely enclosed building and yard areas shall be kept clear of junk, trash or other types of debris. No warehouse activities, including parking and/or loading areas, shall be allowed within fifty (50) feet of any property line.

702.42

Warehouse (Self-Storage).

These facilities may be a building or group of buildings in a controlled-access and fenced compound, containing varying sizes of individual compartmentalized and controlled-access stalls or lockers for dead storage of customers' goods and personal property, with storage space available for rental to the general public. All storage shall be contained within a completely enclosed building or buildings. There shall be a minimum spacing of twenty-five (25) feet between buildings for traffic circulation, parking and fire lane purposes. All outside lighting shall be directed away from adjacent properties.

702.43

Wind Energy Conversion System (Small)—("Small WECS").

A system that is incidental and subordinate to another use on the same parcel and supplies electrical power solely for on-site use, which is intended to primarily reduce consumption of utility power at that location and not for resale. A Small WECS system shall be governed by the following standards:

Design and Installation.

Design Safety Certification. The design of a Small WECS shall conform to applicable industry standards, including those of the American National Standards Institute. The Applicant shall submit certificates of design compliance obtained by the equipment manufacturer's from Underwriters Laboratories, Det Norske Veritas, Germanischer Lloyd Wind Energies, or other similar certifying organizations.

All components of a Small WECS shall be designed and constructed to be in compliance with pertinent provisions of the Pennsylvania Uniform Construction Code Uniform Building Code.

Controls and Brakes. A Small WECS shall be equipped with a redundant braking system. This includes both aerodynamic over speed 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.

Electrical Components. All electrical components of Small WECS shall conform to relevant and applicable local, state, and national codes, and relevant and applicable international standards.

The maximum turbine power output shall be limited to 10 KW.

Section 703. - Additional Provisions within the HD Historic Overlay District.

703.1

Purposes.

In addition to serving the overall purposes of this Ordinance, this section is intended to:

Promote the retention of community character through preservation of the local heritage by recognition and protection of historic and architectural resources;

Establish a clear process to review and approve demolition of designated historic buildings;

Mitigate the negative effects of proposed changes affecting historic resources;

Encourage continued use, appropriate rehabilitation, and adaptive reuse of historic buildings;

Encourage pleasing and harmonious relationships between old and new buildings and structures that will maintain and strengthen the architectural character of the historic district;

Strengthen the local economy by promoting heritage tourism, improving property values, and increasing investment in older buildings;

Implement the goals of the National Historic Preservation Act of 1966, as amended, as they relate to historic resources in the City of Wilkes-Barre;

Implement the goals of Article I, Section 27, of the Pennsylvania Constitution which establishes the Commonwealth's policy of encouraging the preservation of historic and aesthetic resources;

Implement Sections 603(b), 603(g), 604(1) and 605(2) of the Pennsylvania Municipalities Planning Code, which state that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources; and which address protecting and facilitating the preservation of historic values through zoning and using zoning to regulate uses and structures at or near places having unique historic, architectural or patriotic interest or value; and

Carry out recommendations of the City of Wilkes-Barre Comprehensive Plan, including recommendations to preserve historic buildings and community character.

703.2

General Provisions.

Compliance. The Historic Overlay District Advisory Committee shall prepare and maintain an Historic Properties Map as set forth in § 703.3 of this section. Any change to an historic resource shown on the Historic Properties Map shall occur only in foil compliance with the terms of this section and other applicable regulations.

Historic overlay concept. The Historic Properties Map shall be deemed an overlay on any zoning district now or hereafter enacted to regulate the use of land in the City of Wilkes-Barre.

For any property shown on the Historic Properties Map, the requirements and opportunities contained in this section shall:

Apply in addition to the applicable requirements of the underlying zoning district; and

ii.

Supersede the otherwise applicable requirements of the underlying zoning district only where those requirements are inconsistent with the requirements contained in this section.

Should the Historic Properties Map be altered or reduced in scope as a result of legislative or administrative action or judicial decision, the zoning requirements and other regulatory measures applicable to the property in question shall be those of the underlying zoning district without consideration of this section.

Preservation of other restrictions. It is not intended by this section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section imposes more stringent restrictions, the provisions of this section shall prevail.

Timing requirements for issuance of permits and other approvals. The applicable time periods for issuance of a building permit, demolition permit, or sign permit, or for conducting a public hearing and reaching a decision on a conditional use, special exception, or variance application, may be altered from the otherwise stipulated time requirements of this chapter in accordance with the following:

As authorized by Section 7210.502 of the Pa. Uniform Construction Code, the Code Enforcement Officer shall not be required to issue a building permit or demolition permit for any property on the Historic Properties Map until all other applicable approvals required by this article have been obtained and appropriate documentation presented.

An applicant for conditional use approval, a special exception, or a variance from the Zoning Hearing Board may, as part of the application submission or as part of the hearing record, waive or extend the time periods for a hearing and/or decision that are otherwise applicable under the terms of this chapter and the Pennsylvania Municipalities Planning Code.

Definitions. In addition to the definitions provided in Section 202, the following terms shall have the following meanings for the purposes of this Section 703:

Architect. An individual with a degree from a recognized university and registered in the Commonwealth of Pennsylvania in the profession of design and construction of buildings and structures.

Architectural Integrity. The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's time of construction or inventory.

City of Wilkes-Barre Historic Resources Survey. The citywide "Wilkes-Barre Historic Sites Survey" document, which was prepared in 1978 under the sponsorship of the City of Wilkes-Barre's Office of Community Development and the Pennsylvania Historical and Museum Commission (PHMC); or any successor document providing an inventory of historic structures within the City of Wilkes-Barre, in whole or in part, and following the requirements of PHMC's Guidelines for Historic Resource Surveys in Pennsylvania.

Code Administrator. As used in this section, it is the person designated by the City of Wilkes-Barre to enforce the rules and regulations that govern the design and construction of buildings in the City.

Demolition. The dismantling, tearing down, removal or razing of the exterior of a building, in whole or in part. This term shall not include changes to the interior of a building, provided such changes do not alter the structural integrity of the building.

Demolition by Neglect. The absence of routine maintenance and repair that leads to structural weakness, decay and deterioration in a building or structure to a point where the building or structure meets the criteria for condemnation.

Historic Character. The historic qualities of a building as conveyed by its form, materials, features, spaces, roofline, doors, windows, and finishes.

Historic Resource. Any building, structure, site, object or district that is listed in the National Register of Historic Places; designated as a historic property under local or state designation law or survey; certified as a contributing resource within a National Register listed or locally designated historic district; or with an opinion of certification that the property is eligible to be listed on the National Register of Historic Places either individually or as a contributing resource to a historic district.

National Register of Historic Places. The official federal list of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, engineering and culture.

Streetscape. The overall appearance of a block along a public street, including yards visible from a public street, the relationship of building setbacks, the consistency of architectural styles or features, the spacing and shapes of windows and doors and rooflines and similar features that give the block its distinctive visual character.

703.3

Historic Properties Map.

The Historic Properties Map shall be deemed an overlay on any zoning district now or hereafter enacted to regulate the use of land in the City of Wilkes-Barre.

For any property shown on the Historic Properties Map, the requirements and opportunities contained in this article shall:

Apply in addition to the applicable requirements of the underlying zoning district; and

Supersede the otherwise applicable requirements of the underlying zoning district only where those requirements are inconsistent with the requirements and opportunities contained in this article.

Preservation of other restrictions. It is not intended by this article to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article imposes more stringent restrictions, the provisions of this article shall prevail.

Classifications. The Historic Properties Map shall delineate two classifications of historic properties in the City of Wilkes-Barre, Class I and Class II.

A Class I property contains one or more of the following historic resources:

A building, site, structure, or object listed individually in the National Register of Historic Places or designated a contributing resource within a National Register Historic District, that is designated as a Class I property by the Historic Overlay District Advisory Committee.

ii.

A building, site, structure, or object that has received a determination of eligibility (DOE) for the National Register, as defined by this article, or is located within a district that has received a determination of eligibility (DOE) and is designated as a contributing resource within that district, and is designated as a Class I property by the Historic Overlay District Advisory Committee.

A Class II property contains one or more of the following historic resources: buildings, sites, structures, and/or objects of significance to the City of Wilkes-Barre, as determined and documented by the Historic Overlay District Advisory Committee. Such resources:

Do not presently qualify under the criteria for designation as Class I;

ii.

Are included in the City of Wilkes-Barre Historic Resources Survey; and

iii.

Represent sufficient historic significance as to warrant, in the judgment of the Historic Overlay District Advisory Committee, the protections and incentives offered by this article.

Criteria for Determination. These criteria shall be used to determine a Class I or II building, structure, object, site, or district:

It is associated with events that have made a significant contribution to the broad patterns of our local, state, or national history; or

ii.

It is associated with the lives of people, local, state, or national, who were significant in our past; or

iii.

It embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction (a neighborhood or village for example); or

iv.

It has yielded or may be likely to yield, information important in history or prehistory.

Districts. The Historic Properties Map shall contain the boundary of any National Register Historic District, any historic district that has received a determination of eligibility (DOE), and any district designated by the Historic Overlay District Advisory Committee following the requirements of this section.

The Historic Properties Map and its index of listed resources are contained in § 703.3 of this section.

The properties included on the Historic Properties Map were inventoried, and their historic significance established, through the creation and maintenance of the City of Wilkes-Barre Historic Resources Survey.

Revisions. The Historic Properties Map may be revised from time to time by legislative action of Wilkes-Barre City Council, which shall follow the procedures established by this chapter for amendments to this chapter, and the ordinance amendment requirements of Section 609 of the Pennsylvania Municipalities Planning Code (MPC).

Revisions are defined as additions to, deletions from the Historic Properties Map, or changes in classification. Revisions do not include routine list maintenance to update ownership information or to add information about a change that occurred to the building unless the change alters the historic character of the building.

In considering any revision, including additions, deletions, or changes of classification to the Historic Properties Map, the City Council shall request and receive a written recommendation from the Historic Overlay District Advisory Committee.

The owner(s) of any property(ies) which is/are the subject of any such proposed action shall be given written notice of the Historic Overlay District Advisory Committee recommendation to City Council at least thirty (30) days prior to a public hearing at which City Council will consider such action.

Property owner request.

At any time, the owner(s) of a property subject to the provisions of this article, or potentially affected by its provisions, may submit a petition to the City requesting that such property be added to or deleted from the Historic Properties Map, or that its classification within the Historic Properties Map be changed.

ii.

The City shall respond to such petition in accordance with the ordinance amendment provisions of Article 12 of this chapter.

iii.

To enable the Historic Overlay District Advisory Committee to properly review this requested change, the property owner shall submit the following (unless the Historic Overlay District Advisory Committee determines that an item or items below do not need to be submitted):

An informal plan of the property, showing existing site conditions and structures;

General description, classification, and significance (per the Criteria for Determination in Subsection 703.3.D.C.) of all historic resources located on the subject property as shown on the site plan;

Black and white or color photographs, either printed at no less than five-inch by seven-inch size or submitted electronically as JPEGs, showing every historic resource identified in Subsection 703.2(E)(c)(iii)(2) above; and

Narrative description of the historical development of the property.

Jurisdiction. All Class I and Class II resources shown on the Historic Properties Map shall be subject to the applicable terms of this article.

703.4

Historic Overlay District Advisory Committee.

Establishment and membership: The Historic Overlay District Advisory Committee (hereinafter "HODAC") shall consist of seven (7) members, who shall be nominated by the Mayor and appointed by the City Council. The membership of the HODAC shall include:

One (1) member who is a Pennsylvania registered architect;

One (1) member who is a Pennsylvania licensed real estate broker;

One (1) member who is the City Code Administrator; and

Four (4) members who are City residents and who are persons with demonstrated interest, knowledge, ability, experience or expertise in restoration, historic rehabilitation, or neighborhood conservation or revitalization.

Terms. Each appointed HODAC member shall serve for a term of three years, which shall be so fixed that no more than three terms shall expire each year. The HODAC shall notify the Mayor and City Council of any vacancies in the HODAC, and the Mayor and City Council shall act within 90 days to fill those vacancies. The position of any member of the HODAC appointed in their capacity, such as a registered architect, a licensed real estate broker, Code Administrator, etc., who ceases to be so engaged, shall be automatically considered vacant. An appointment to fill a vacancy shall be only for the unexpired portion of the term. Appointments to fill vacancies for unexpired terms shall be only for the unexpired portion of the term; however, a member may be reappointed for a full term after completing a partial term caused by vacancy.

Conflict of Interest. It shall be the duty of each HODAC member to remain conscious of and sensitive to any possible conflict of interest (including, but not limited to, financial considerations) that may arise by virtue of his or her membership on the HODAC. A member must, promptly upon determining a conflict relative to any matter, disqualify self from participating, in any manner, publicly or privately, in the presentation, discussion or deliberation of and the voting on any such matter, including temporarily absenting self from the room in which the discussion is being held.

Functions and duties. In accordance with the purposes of this article, the HODAC shall have the following functions and duties:

Maintain a system for the survey and inventory and photographic documentation of historic buildings, sites, structures, objects, and districts in the City of Wilkes-Barre.

Conduct research on and nominate significant resources to the National Register of Historic Places and any other appropriate lists or programs.

Advise the Zoning Officer on the issuance of demolition permits for historic resources, as set forth in this article.

Review and comment on subdivision or land development applications which affect historic resources, in accordance with the requirements and procedures of Appendix B, Subdivision and Land Development, of the Zoning Ordinance of the City of Wilkes-Barre.

Make recommendations to the City Council concerning revisions, updates or corrections to the Historic Overlay District Map.

Maintain an updated list that clearly identifies buildings, sites, structures, objects and districts and their respective classifications on the Historic Overlay District Map.

Review Bureau of Historic Preservation records to identify new findings regarding National Register of Historic Places eligibility or listings within the City of Wilkes-Barre.

Perform any other lawful activities that shall be deemed necessary to further the purposes of this article.

703.5

Proposed Demolition of Class I or Class II historic resources.

General Requirements: Demolition of a historic resource shall be regulated in accordance with this Section. No historic resource shall be demolished or removed without a permit obtained under this provision, except for emergency demolition. Emergency demolitions to protect the health, safety and welfare of the citizens of the City of Wilkes-Barre are regulated under the City Property Maintenance Code, Pennsylvania Uniform Construction Code, or its successors and the provisions of that Code shall take precedence over the provisions contained herein.

Application Procedures: When the Zoning Officer receives a complete application, that application shall be forwarded to the HODAC for their review and recommendations to the Zoning Officer.

Any application for a building permit for demolition received by the Zoning Officer for a Class I or Class II historic resource must comply with the procedures and requirements of this section, as applicable.

Building permit for demolition. No Class I or Class II historic resource shall be demolished unless a building permit for demolition has been issued by the Zoning Officer in accordance with the following procedures:

In addition to any other applicable requirements of this section and other ordinances of the City, an applicant seeking a permit to demolish an historic resource shall provide a written report containing, but not restricted to, the following (except where the HODAC, upon a written request from the applicant, determines that an item does not need to be included with the application):

Owner of record;

ii.

Classification of resource on the Historic Resources Map; if more than one structure is located on the property, the specific structure for which the permit is being sought;

iii.

Site plan showing all buildings and structures on the property;

iv.

Recent interior and exterior photographs of the structure proposed for demolition;

Reasons for the demolition;

vi.

Proposed disposition of materials;

vii.

Time line for implementation of proposed use of the property following demolition;

viii.

Date of purchase and ownership history of the historic resource;

ix.

Assessed value of the land and improvements thereon; and

Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture, or other.

Written Statement. Applicants for a permit to demolish, remove, or relocate a historic resource in whole or in part must provide, as part of their application, a written statement as to whether the following statements are correct and provide detailed substantiation for each statement that is believed to be correct. In each instance the burden of proof is on the property owner to demonstrate that the property owner has been deprived any profitable use of the relevant parcel as a whole. The recommendation of the HODAC and the decision of the Zoning Officer shall be based upon a review of the information submitted by the applicant against all criteria and not any one criterion. The goals and development objectives of the City of Wilkes-Barre shall also be considered.

The demolition of the historic resource in question will not adversely affect the historic significance, architectural integrity, or streetscape of neighboring historic properties or the historic character of the neighborhood or community.

ii.

If the demolition will not result in the complete removal of the historic resource, it will minimize adverse effects on the architectural and structural integrity and the overall historic appearance of the resulting structure.

iii.

It is not feasible to continue the current use.

iv.

Other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building or structure.

Adaptive use opportunities do not exist due to constraints related to the historic resource proposed to be demolished or the property on which it is located.

vi.

The building, its permitted uses, and adaptive use potential does not provide a reasonable rate of return, based on a reasonable initial investment. Such reasonable rate of return shall be calculated with respect to the property taken as a whole.

vii.

The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.

viii.

The proposed new use of the property, including any new building or structure, will not adversely affect the historic character, architectural integrity or streetscape of the neighboring historic properties, the neighborhood, or the community;

ix.

The building is structurally unsound.

The denial of demolition would result in unreasonable economic hardship to the owner.

xi.

Sale of the building or structure is impossible or impractical.

xii.

Denial of demolition will deprive the property as a whole of all beneficial use.

A building permit for demolition for any proposed demolition of any Class I or Class II historic resource shall not be issued prior to, and where applicable:

The recording of an approved subdivision or land development plan for the property where the demolition is proposed; and

ii.

Issuance of any necessary zoning approvals.

Application review procedure. Upon receipt of an application for a building permit for demolition, the Zoning Officer shall review said application pursuant to the requirements of this section to determine whether it is complete. In the review of the application for completeness, the Zoning Officer may, as he deems necessary, consult with the HODAC. Within five days of receipt of the application, the Zoning Officer shall forward a completed application for a building permit for demolition, together with the documents and specifications filed by the applicant, to the HODAC for its review and comment. To be considered at a regularly scheduled meeting of the HODAC, a complete application must be submitted to the Zoning Officer not less than 7 days prior to such meeting.

The Zoning Officer shall not issue a building permit for demolition for any Class I or Class II historic resource until all steps in the submission and review process are completed, including the review and recommendation by the HODAC.

The Zoning Officer shall require applicants to submit a sufficient number of additional copies of materials required to be attached to a completed application for a building permit for demolition.

The Zoning Officer shall maintain in their office a record of all such applications and final dispositions of the same.

HODAC review of applications. Upon receipt of a completed application for a building permit for demolition under the terms of this chapter, the HODAC shall consider such at its next regularly scheduled meeting or a special meeting.

Notification to applicant of HODAC review. Upon forwarding the completed application to the HODAC for its review and recommendation, the Zoning Officer shall mail a written notice to the applicant, stating the time and place of the HODAC's meeting at which the application for a building permit for demolition will be considered. The applicant shall be invited to attend and speak to the issue if desired.

Criteria for deliberation. In determining the recommendations to be presented to the Zoning Officer concerning the issuance of a building permit for demolition for any Class I or Class II historic resource, the HODAC shall refer to the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings; shall consider the historical or architectural significance of the historic resource to the City, county, state, or nation; and shall weigh all relevant factors in favor of or against the demolition pursuant to and congruent with the objectives of this article. In reviewing the application and determining its recommendations, the HODAC shall take into account:

The effect of demolition on the historical and architectural significance and architectural integrity of neighboring historic resources.

Economic feasibility of adaptively reusing the resource proposed for demolition.

Alternatives to demolition of the resource.

Potential public safety issues posed by the current condition of the resource.

In the course of its deliberation, the HODAC may request additional information from the applicant or others where such information is deemed necessary by the Advisory Committee in reaching its decision.

Time frame for HODAC Recommendation. The HODAC shall render its recommendations, in a written report to the Zoning Officer, to approve or deny an application for demolition of an historic resource under its review within 15 days following the meeting at which it acts on the application or prior to the expiration of any extended review period as established under the terms of this section.

Recommended disapproval of application by the historical commission. If the HODAC decides to advise against the granting of a building permit for demolition, it may, as it deems appropriate, indicate to the Zoning Officer and the applicant an alternative(s) to the proposed demolition which would protect: the distinctive historical character of the historic resource; and the architectural integrity of the historic resource.

Contents of written report. The written recommendations of the HODAC shall be forwarded to the Zoning Officer. The written report to the Zoning Officer concerning the HODAC's recommendations on the conditional use application for demolition shall set out findings of fact, which shall include but need not be limited to the following matters:

The exact location of the historic resource that is proposed for demolition.

The anticipated effect of the proposed demolition upon the general historic and architectural character, including the cultural landscape, of the City of Wilkes-Barre.

Recommendations by the HODAC regarding approval of the application for demolition.

Notification to applicant. The Zoning Officer shall provide the applicant a copy of the written report from the HODAC, as provided for in this section.

Decision of Zoning Officer. In making his decision, the Zoning Officer shall consider the HODAC's recommendations as well as the goals and objectives set forth in this Section and in the Comprehensive Plan.

Associated Land Development Plan. If the application for a permit for demolition of an historic resource is being requested to facilitate future development of the land, the said permit shall not be issued until the following additional requirements have been satisfied:

Approval of the land development plan by the Planning Commission;

Issuance of any necessary zoning approvals; and

The recording of the approved subdivision or land development plans for the parcel where the demolition is proposed.

Pre-demolition Requirements. In those instances where an application for demolition is approved, the buildings) to be demolished shall be historically and photographically documented. The extent of the documentation shall be determined by the significance of the building(s).

Denial of Demolition. If an application for demolition is denied, the applicant may appeal the Zoning Officer's decision to the Zoning Hearing Board.

Enforcement. In addition to the enforcement provisions in Section 700, the Zoning Officer, with the authorization of City Council, may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this Section.

703.6.

Demolition by Neglect of Class I or Class II historic resources.

Every property-owner of a Class I or Class II historic resource regulated by this Section shall repair and maintain the building to avoid demolition by neglect. The Codes Administrator may require any unoccupied building shall be properly sealed and secured to prevent decay from the elements and vandalism.

Every property-owner of a Class I or Class II historic resource regulated by this Section shall properly repair and maintain the building to maintain the structural integrity of the building and to protect the building and attached features from damage from the elements.

Codes Violations: If the Codes Administrator has cited a property owner of a Class I or Class II historic resource for conditions that has or could lead to structural weakness, decay or deterioration in a building or structure and the property owner fails to correct the condition(s) in the time specified, that property owner may be cited also for demolition by neglect under these provisions and be subject to the penalties contained herein.

The owner of unoccupied Principal or Accessory Buildings or Structures that have been cited for violations shall develop a written maintenance program for the protection of any and all unoccupied Class I or Class II resources. Said maintenance program shall be established in accordance with the City of Wilkes-Barre Property Maintenance Code. A copy of the maintenance program shall be filed with the Codes Administrator and implementation begun in accordance with an established timetable.

The maintenance program shall address measures to assure that structural components are protected and reinforced to stabilize and maintain the essential form of the building or structure. Structural features requiring stabilization include, but may not be limited to: roof; chimney(s), cornice, soffit, walls, fascia, spouting, columns, beams, posts, as well as window and door sills, lintels and jambs.

The exterior and interior of the building or structure shall be inspected no less than annually by the Codes Administrator with the owner or the owner's agent to determine code compliance with the established maintenance program.

If a property-owner fails to comply with an order from the Code Administrator to repair a building regulated by this Section to correct a code violation that threatens the structural integrity of a building, such matter shall be considered a violation of this Ordinance. In addition, the City Council may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this Article.

703.7.

Unreasonable Economic Hardship.

When a claim of unreasonable economic hardship is made due to the effect of this ordinance, the owner of record must present evidence sufficient to prove that, as a result of the HODAC's action, he or she is unable to obtain a reasonable return or a reasonable beneficial use from a resource. The owner of record shall submit, by affidavit to the HODAC, some or all of the information below, at the discretion of the HODAC, which shall include but not be limited to the following:

Date the property was acquired by its current owner.

Price paid for the property (if acquired by purchase) and a description of the relationship, if any, between the buyer and the seller of the property.

Current market value of the property.

Past capital expenditures during ownership of current owner.

Appraisals of the property obtained within the previous two years.

Income and property tax factors affecting the property.

All appraisals obtained within the previous two years by the owner or applicant in connection with purchase, offerings for sale, financing or ownership of the property, or state that none was obtained.

All studies and estimates of cost commissioned by the owner as to rehabilitation of the structures in question, or a statement that none were obtained.

Estimate(s) of the cost of the proposed demolition.

Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture or other.

The HODAC may require that an applicant furnish additional information relevant to its determination of unreasonable economic hardship.

Should the HODAC determine that the owner's present return is not reasonable, it must consider whether there are other uses currently allowed that would provide a reasonable return and whether such a return could be obtained through investment in the property for rehabilitation purposes. The HODAC may choose to recommend to the Zoning Officer that special economic incentives be developed to assist the owner of the resource in maintaining it and obtaining a suitable economic return or achieving a reasonable beneficial use.

The HODAC may seek the assistance of appropriate local, statewide or national preservation organizations in developing solutions that would relieve the owner's economic hardship. If the HODAC chooses to explore such options, the HODAC may delay issuing a certificate of appropriateness for demolition on the basis of economic hardship for a period of 90 days in addition to time periods otherwise applicable. The property owner may waive the time period if additional time is needed but must provide it in writing.

Should the applicant satisfy the HODAC that they would suffer an unreasonable economic hardship if demolition is not recommended, and should the HODAC be unable to develop a solution which can relieve the owner's economic hardship, the HODAC must recommend a certificate of appropriateness for demolition.

(Ord. No. 13-2020, 11-5-20)