Borough Zoners Revise Rules; Modify Village District Zoning

By Andrew Gorosko

Following a March 1 public hearing, Borough Zoning Commission members revised the borough zoning regulations, the land use rules that regulate the development, redevelopment, and general use of land in the borough.

The commission dropped certain regulations on the preservation of “public views,” as stated in its Village District zoning rules, according to Borough Attorney Donald Mitchell.

Village District zoning is intended to keep new commercial development in aesthetic harmony with its architectural surroundings.

Omitting the rules on the preservation of public views reduces the number of factors that the commission would now regulate in seeking to preserve a sense of architectural compatibility within commercial areas in the borough, Mr Mitchell said.

The rule change stems from public comments made at the March 1 public hearing, as well as commission members’ reconsideration of the requirements of the Village District zoning regulations, which were initially approved in May 2003, Mr Mitchell said.

The wording of the rules on preserving public views had posed some practical problems in regulatory terms, he said.

Commission members receive advice from an architectural consultant in ruling on development applications affected by the Village District regulations.

Public Comments

At the March 1 session, Tom Johnson, an owner of Lexington Gardens at 32 Church Hill Road, said the commission’s Village District rules concerning architectural design “seem vague,” leaving open to interpretation what would constitute acceptable commercial architecture.

There is much architectural variety in the borough, he noted. The buildings there “don’t match with one another,” he said. Mr Johnson then asked how a person could design a commercial building that “matched” other buildings.

Mr Johnson asked commission members to be more specific in their architectural requirements for new development.

The size of a lot should be a factor in determining the size limit for buildings on that lot, he said, noting that he owns more than five acres and that his existing commercial building is located 450 feet back from Church Hill Road.

Mr Johnson asked why the commission limits new commercial architecture to a maximum size of 6,500 square feet. New commercial uses should be allowed to be larger than 6,500 square feet, he said.

Local residents want to be able to shop locally, he said. “I think that the way we’re going, it’s going to be a real problem” concerning limits on commercial development in the borough, he said.

Developer Peter Wiehl, who is the property manager for 4.4 acres of vacant land at 37 Church Hill Road, told the borough zoners that the Village District restriction that limits new commercial construction to 6,500 square feet of floor area is “a tough size to deal with.” In such a structure the maximum number of employees would be limited to about 12 people, thus limiting the potential uses for such a building, he said.

Mr Wiehl questioned the practicality of limiting the size of commercial structures to 6,500 square feet. “It raises the price to the point where people can’t afford it,” and poses difficulties in marketing such properties for commercial use, he said.

Mr Wiehl suggested that 6,500 square feet be the “footprint” for a new commercial building in the borough, rather than the maximum size of a structure. If a two-story commercial building had a 6,500 square-foot footprint, it would contain 13,000 square feet of floor space.

In June 2003, Borough Zoning Commission members unanimously rejected a controversial proposal to construct a two-story, 35,000-square-foot office building and adjacent 154-space parking lot at 37 Church Hill Road, which is the vacant corner of Church Hill Road and The Boulevard. Commission members had stated that the proposed development was too large and too intensive. The Wiehl family owns that site.

That proposal had been submitted to the borough zoners before the Village District regulations and their limitations on commercial square footage had taken effect. Boulevard area residents had strongly opposed the proposed office building.

The Wiehl family also owns the prominent corner of Church Hill Road and Queen Street, where it plans to build a mixed-use, three-building commercial complex, including retail and office space. Church Hill & Queen, LLC, plans to build 17,154 square feet of commercial space on the 2.1-acre site. That complex meets the provisions of the Village District zoning regulations, which were in effect when that development application was submitted.

Mr Mitchell noted that Borough Zoning Commission members on March 1 reviewed the 6,500-square-foot size limit on new commercial construction in the borough, but did not alter that regulation. That regulation may again be reviewed in the future, he said.

Rule Revisions

The land use rule changes approved by the borough zoners on March 1 were the first such general revisions to the rules since 1997.

The rule revisions are intended to clarify borough zoning rules, clearly restating the requirements for development, and thus creating a “new baseline.” That clarification is intended to “streamline” the rules, making them easier to understand. The changes are intended to better codify and unify the regulations, resolving some regulatory inconsistencies.

The rule changes address the definition of a commercial building, as well as the specific uses that are permitted in business zones and in shopping centers.

The zoning rule changes include revisions concerning the minimum required lot area for nonresidential property uses; the special exception requirements for all zones; permitted uses in business zones; the maximum lot coverage limits for large lots containing offices and business buildings; the commercial sign regulations; the minimum parking requirements for banking and publishing uses; landscaping requirements; restrictions on alcoholic beverage outlets; requirements for special exception applications; application fees; the location of certain zoning documents; and site plan requirements.