Following an April 10 public hearing and discussion among its members, the Borough Zoning Commission (BZC) approved multiple revisions to the borough zoning regulations.

The rule changes were approved in a three-to-one vote, with BZC Chairman Douglas Nelson, David Francis, and Brid Craddock voting in favor and member Claudia Mitchell opposed. BZC members decided on whether to approve the many zoning rule changes in a single vote. They did not conduct multiple votes on the various rule revisions.

The revised zoning regulations are intended to clarify the intent of certain zoning rules as well as allow certain uses which have not previously been permitted under the regulations.

It had been thought that the rule changes would affect at least two proposed projects — the expansion of enclosed dining space at a commercial building at 33 Main Street and the expansion of a commercial building at 11 Church Hill Road. However, It now appears that the expansion of the building at 11 Church Hill Road will not occur.

Dere Street

Some of the zoning rule changes pertain to Dere Street Restaurant, which is in a B-1/2 (Business) zone in a 1890 building located at 33 Main Street. Under the revised rules, such a building, which is larger than 6,500 square feet and which existed prior to the borough zoning regulations, would be allowed to increase its enclosed square footage by up to ten percent, provided that certain conditions are met.

The owner of 33 Main Street has expressed interest in converting an outdoor patio dining area for the restaurant, which is located on the southern side of the building, into enclosed space for year-round use, according to Mr Nelson. Until now, the restaurant has used that space, which is covered by a large awning, as weather permits.

The proposed physical changes to 33 Main Street have received a “certificate of appropriateness” from the Borough of Newtown Historic District Commission. Such a certificate indicates that the proposed new construction is visually harmonious with the existing structure and with the historic district.

That project would be subject to a zoning application to the borough zoning enforcement officer but would not require a BZC public hearing and BZC action.

Certain other zoning rule changes that were approved by the BZC would have come into play regarding now-defunct plans to convert and expand a 1968 two-story commercial building at 11 Church Hill Road, which formerly held Dental Associates, according to Mr Nelson.

Mr Nelson told BZC members that plans for that building have changed. Current plans for the structure would involve converting the upper story into five apartments and using the lower story for professional offices, he said. The current plans would not involve expanding the building, and thus applicants would not need to submit the matter to the full BZC for a public hearing.

Earlier, it had been thought that the applicant would be seeking to expand the structure horizontally and laterally, increasing the structure’s square footage from about 8,000 to approximately 20,000 square feet, providing space for apartments and professional offices. But those plans have been dropped, according to Mr Nelson.

The zoning rule changes approved by the BZC on April 10 cover subjects including how the height of a building is measured for the purposes of the zoning regulations in terms of the initial grading of a site compared to its final grading. The new rules add definitions which cover the terms “lot coverage,” “parking area,” and “setback.” Also, the proposed changes redefine the term “structure” for regulatory purposes.

Public Comment

Before the vote to approve the rule changes, during the public comment section of the public hearing, one resident asked about the range of zoning rule changes.

Barbara Snyder asked that the reasons for the rule changes be explained. Mr Nelson responded that the term “building height” needed to be more clearly defined.

The terms “lot coverage” and “parking” have been referred to in the zoning rules, but had not been defined, he said.

Also, the term “setback” needed to be defined, he added.

The regulations had not allowed patios at commercial buildings to be converted into permanently enclosed space, as is the case with the Dere Street proposal, he said.

Ms Snyder asked whether the regulation changes covered commercial signage. Mr Nelson commented that the borough zoning regulations on signage are more conservative than the town zoning regulations on signs because the borough is a more densely developed area. To maintain the “borough look” in the borough, the borough’s signage rules are stricter, he said.