Pursuant to authority contained in the Act of 1968, Public Law
805, No. 247, as enacted and amended, known as the Pennsylvania Municipalities
Planning Code (Sections 603, 604, and 605), as amended, Springfield Township hereby amends its Zoning Ordinance
in order to promote, protect, and facilitate the preservation of resources
of historic significance and to preserve the historic values in the
Township environment. Springfield Township hereby creates an Historic
Resource Overlay Zone for the regulation, restriction, or prohibition
of uses, buildings, or structures at, along, or near places having
significant historical or architectural interest or value, and which
contribute to the historic character of the Township.
It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, resources and sites of historic, architectural, cultural, archeological, educational and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Springfield Township. To that end, a separate zoning district is hereby created to overlay certain other zoning districts in the Township. The provisions of this article, along with the provisions of Chapter
46, Historic Resources, of the Township Code, are intended to:
A. Promote the general welfare by protecting the integrity of the historic
resources of Springfield Township.
B. Establish a clear and public process by which proposed land use changes
affecting historic resources can be reviewed.
C. Discourage the demolition of historic resources.
D. Provide incentives for the continued use of historic resources and
to facilitate their appropriate reuse.
E. Encourage the conservation of historic settings and landscapes.
F. Promote retention of historical integrity in the context of proposed
land use and/or structural changes.
G. Identify historic resources in the community and to create an Historic
Resource Inventory.
The following uses and no other shall be permitted for an historic
resource in the Historic Resource Overlay District, subject to requirements
stated elsewhere in the Springfield Township Code:
A. Any use permitted (including legally existing nonconforming uses)
in the underlying zoning district in which the property is located.
B. When authorized as a special exception in compliance with the special exception standards contained in §§
114-12D6 and
114-165 of this chapter, subject to obtaining a recommendation from the Historical Commission pursuant to Chapter
46, Historic Resources, a property upon which an historic resource is situated may be used for the following uses, where such property obtains access from any cartway:
(1)
Bed-and-breakfast, subject to the following conditions:
(a)
Dwellings shall have a gross habitable floor area of no less
than 2,500 square feet;
(b)
No more than five guest suites shall be permitted in any one
bed-and-breakfast establishment;
(c)
A lot area of not less than 15,000 square feet. Bed-and-breakfast
establishments with more than three guest suites shall have a lot
area of not less than 5,000 square feet per guest suite;
(d)
A single bed-and-breakfast establishment shall provide lodging
to no more than 15 guests at any one time;
(e)
The guest suites shall not contain a kitchen or cooking facilities;
(f)
The use of any amenities provided by the establishment, such
as swimming pools or tennis courts, shall be restricted in use to
guests currently staying at such establishment;
(g)
Off-street parking spaces shall be provided at a rate of one
space per guest suite in addition to the number of parking spaces
required for any other permitted use; and
(h)
The property owner, or the manager or lessee of the facility,
must reside on the premises.
(2)
Cultural studio, subject to the following conditions if located
in a residential zoning district:
(a)
The use shall be limited to one class at a time with not more
than 10 students in a single class and not more than two instructors.
(b)
The property owner, or the manager or lessee of the cultural
studio, must reside on the premises.
(3)
Professional home office, subject to the following conditions
if located in a residential zoning district:
(a)
Professional home office, limited to one employee per 250 square
feet of gross habitable floor area devoted to the professional office
use.
(b)
One additional off-street parking space is required for client
use. One additional off-street parking space is required for each
employee that does not reside on the premises.
(c)
The property owner, or the manager or lessee of the office,
must reside on the premises.
(4)
Academic or technological research facility, not including a
biological, medical or chemical laboratory with a limit of one employee
per 500 square feet of gross habitable floor area devoted to the facility
use.
(a)
Research facility limited to one employee per 500 square feet
of gross habitable floor area devoted to the facility use.
(b)
One additional off-street parking space is required for each
employee that does not reside on the premises.
(c)
The property owner, or the manager or lessee of the facility,
must reside on the premises.
(d)
The research facility shall not use, test, create, store or
otherwise involve any hazardous or biohazardous materials or waste.
(e)
The research facility shall not produce any smoke, flames, noxious
fumes, noise, vibrations or other byproduct which adversely affects
the surrounding area.
(5)
Food preparation or catering facility not involving food consumption
on the property by guests or customers, and employing not more than
three persons on the premises.
(a)
One additional off-street parking space is required for client
use. One additional off-street parking space is required for each
employee that does not reside on the premises.
(b)
The property owner, or the manager or lessee of the facility,
must reside on the premises.
(6)
Personal service shop, including tailor, barber, beauty salon,
dressmaking or similar shop, but not including dry cleaning or laundromat,
with a limit of one employee per 500 square feet of gross habitable
floor area devoted to the service shop use.
(a)
One additional off-street parking space is required for client
use. One additional off-street parking space is required for each
employee that does not reside on the premises.
(b)
The property owner, or the manager or lessee of the shop, must
reside on the premises.
(7)
Repair service shop, including repairs for small appliances,
small business machines, clocks, watches, household furnishings, shoes,
bicycles and locks, but shall not include automobile, truck, motorcycle
or lawnmower repair, with a limit of one employee per 500 square feet
of gross habitable floor area devoted to the repair service use.
(a)
One additional off-street parking space is required for client
use. One additional off-street parking space is required for each
employee that does not reside on the premises.
(b)
The property owner, or the manager or lessee of the shop, must
reside on the premises.
(8)
Assisted living facility, personal care facility or home for
the aged on a parcel having a gross lot area of at least three acres.
The requirements of § 114-8D4A shall apply.
(9)
Gallery or antique shop, subject to the following conditions:
(a)
If the property is located in a residential zoning district,
the area devoted to the use shall be limited to 1,500 square feet.
(b)
Customarily related retail sales shall be allowed for these
uses.
(c)
No outdoor display of a commercial nature, including objects
attached to the building, are permitted.
(d)
The property owner, or the manager or lessee of the gallery
or shop, must reside on the premises.
(10)
Accessory apartment. One single-family apartment unit located
in a structure accessory to the principal dwelling, provided that:
(a)
The accessory structure is determined by the Zoning Hearing
Board to be a contributing resource and is identified as such on the
Historic Resource Inventory;
(b)
The accessory apartment shall be the only other dwelling unit
on the property;
(c)
Two off-street parking spaces shall be required for the accessory
apartment, in addition to the parking spaces necessary for the principal
use of the property; and
(d)
The property owner must reside on the premises.
(11)
A legally existing, nonresidential, nonconforming use operated
in a building classified as an historic resource, and located in a
residential zoning district, may be converted to a multifamily use,
provided each dwelling unit shall have no fewer than 1,250 square
feet of area.
(a)
The area within the perimeter of the building measured at grade
level may be expanded by up to 25% in conjunction with a conversion
to a multifamily use, provided there exists between the multifamily
use and the nearest adjacent permitted use at least 250 feet.
(b)
The area within the perimeter of the building measured at grade
level may be expanded by up to 50% in conjunction with a conversion
to a multifamily use, provided there exists between the multifamily
use and the nearest adjacent permitted use at least 500 feet.
(c)
The property owner must reside on the premises.
(12)
A two-family dwelling use or a multiple-dwelling use, provided
that such historic resource building is lawfully and principally used
for, or was originally designed to be used as, a religious house of
worship, club or lodge use. If a nonhistoric accessory building also
exists on the lot upon which the principal building is situated, the
nonhistoric building may also be converted to a two-family dwelling
use or a multiple-dwelling use. The dwelling uses permitted by this
subsection are subject to the following requirements:
(a)
The minimum lot area requirement for the district in which the
subject lot is located shall be provided for each dwelling unit operated
on the property. During the operation of the two-dwelling use or multiple-dwelling
use on a property, such property shall not be subdivided to reduce
the lot area to less than the minimum area requirement contained in
this section. No future subdivision of the property may reduce the
lot area below the minimum requirement. A covenant shall be recorded
against the property to document this restriction.
[1] Where any portion of the lot contains a cemetery,
the lot area devoted to the cemetery use shall not be included as
part of this minimum lot area requirement.
(b)
There shall be no external alteration of the converted building
except for the following. In all cases of external alteration for
an historic resource, the applicant will be required to obtain a recommendation
from the Historical Commission:
[1] Those alterations necessary for safety or compliance
with the accessibility and exiting requirements in the International
Building Code or other applicable law;
[2] Openings required by the International Building
Code to accommodate new windows and doors;
[3] Vents or exhausts for mechanical systems;
[4] Upper floor balconies on the side or rear of the
building;
[5] Building additions:
[a] For buildings with 5,000 or more square feet of
total habitable floor area, the building may be expanded by no more
than 10% of the existing building's total habitable floor area, but
in no case exceeding 1,000 square feet;
[b] For buildings with less than 5,000 square feet
of total habitable floor area, the building may be expanded by no
more than 20% of the existing building's total habitable floor area,
but in no case exceeding 1,000 square feet;
[6] New stairways located to the rear of the building
unless required by the International Building Code to be located on
the side of the building; and
[7] Wooden decks, grade level patios or open porches,
consisting of an area of no more than 300 square feet when located
in the rear yard.
[8] Any alteration deemed to preserve the historic
nature of the historic resource, subject to the recommendation of
the Historical Commission.
(c)
A detached private garage or parking structure for residential
use is permitted, subject to the recommendation of the Historical
Commission that the new construction does not negatively impact the
historic resource and the new construction complies with all applicable
Code requirements, subject to compliance with the following requirements:
[1] Any detached private garage shall be located to
the rear or side of the existing building to be converted, and each
garage is limited to a maximum of two cars and is no larger than a
total of 600 square feet. A detached private garage(s) shall be subject
to the setback requirements in the zoning district.
(d)
The Zoning Hearing Board shall specify the maximum number of
families and dwelling units permitted to occupy such building and
may prescribe such further conditions and restrictions with respect
to the conversion and use of such building and to the use of the lot
as it deems appropriate to achieve the following objectives:
[1] Retains the visual character of the building and
the grounds surrounding it as they were designed and/or as they have
traditionally been maintained.
[2] Assures the quiet enjoyment of residents living
adjacent to the property and the quiet enjoyment of those future residents
living in the converted building.
[3] Assures that adequate parking is provided for residents
of the building and their guests.
[4] Traffic generated by the proposed use, when combined
with the current use, shall not result in a level of service lower
than C for adjacent streets and/or the nearest intersections thereof,
or, if the level of service is already C or below, shall not further
reduce such level of service. The Zoning Hearing Board may require
a traffic impact study if needed to assure compliance with this subsection.
If required, the Township Engineer shall determine the scope of the
study and the assumptions utilized. The Zoning Hearing Board may impose
conditions to mitigate the adverse impact of traffic generated by
the proposed use consistent with the requirements set forth above.
(e)
A planted buffer shall be required meeting the buffer standards in §
114-71, Subsection
D(3) unless a specific finding is made by the Township Engineer that the use of adjacent properties will be sufficiently protected from the impact of the converted building by a lesser buffer, or by no buffer at all; however, surface parking spaces shall be located a minimum of five feet from any property line abutting a residential use.
(f)
All new dumpsters, mechanical equipment and any other similar
improvements added to the exterior of the building or property, whether
appurtenant thereto or on the property where the building is located,
shall be visually screened from adjacent properties by a wall, fence
or landscape buffer.
(g)
The required parking shall comply with §
114-134, except as noted herein:
[1] In the case of a mixed-use historic resource where
a residential use is created in accordance with this subsection, then
the existing on-site parking may be shared by both uses, provided
that there are at least two parking spaces on the lot dedicated for
each dwelling unit.
(h)
An historic resource impact study as outlined in §
114-12D7 shall be performed and submitted with the special exception application.
C. All uses permitted under this article shall comply with the following
provisions:
(1)
All uses permitted under this article shall not commence before
the issuance of a certificate of use and occupancy.
(2)
All uses shall be registered with the Springfield Township Zoning
Officer by the property owner, by sending written notice of same to
the Zoning Officer within 30 days of the commencement of the use or
of a change to another permitted use.
(3)
When a property no longer includes any historic resource, whether
by act or accident of man or nature, or by removal from the Historic
Resources Inventory, any use allowed by this article shall be fully
discontinued immediately.
(4)
If a property on which an historic resource is located is subdivided,
no use permitted solely by this article shall be continued on any
parcel that no longer contains an historic resource.
(5)
Unless otherwise permitted herein, no retail sales shall be
allowed on the premises other than transactions incidental to the
permitted use.
(6)
There shall be no outside storage of materials, equipment, supplies,
or commercial vehicles associated with any use allowed solely by this
article.
(7)
If the property is not served by public sewer, the owner shall
furnish a valid Montgomery County Department of Health permit demonstrating
that the existing on-lot sewage disposal system is capable of handling
the projected increased load. If the property is served by public
sewer, the applicant shall submit documentation that the proposed
use will be accommodated by the public sewer system, and that the
appropriate number of EDUs for the uses on the property has been acquired.
D. For all uses permitted by §
114-12D4, above, which are located in a residential zoning district, the following regulations shall apply:
(1)
To the extent that they are visible from neighboring properties,
new off-street parking areas for guests, students, employees, patients
or clients shall be screened by plant material, or a combination of
plant material, fencing or berms, to a height of at least five feet.
(2)
There shall be no use of show windows or display or advertising
visible outside the premises, other than a single, nonilluminated
sign not exceeding two square feet.
(3)
The hours of operation for the uses listed in §
114-12D4, Subsection
B(2),
(3),
(4),
(5),
(6),
(7) and
(10), shall be limited to no more than 12 hours daily occurring between 7:00 a.m. and 9:00 p.m.
(4)
No use shall be permitted which generates noise perceptible
at the property line.
(5)
Site lighting shall be designed to screen the source of illumination
and glare from adjacent properties.
(6)
Special events which will generate an unusual volume of traffic beyond that normally generated by the permitted use on a daily basis, such as fund-raising events, recitals, performances, lectures and exhibitions, are prohibited unless specifically allowed by the terms of the special exception, in which case the applicant shall have the burden of proving that the public interest will be protected considering the special exception criteria set forth in §
114-12D6, Subsection
B.
(7)
The property owner, manager or lessee must live on-site.
E. In addition to the uses permitted in Subsection
B above, a lawful nonconforming use existing on a property may obtain status as a legally conforming use upon special exception approval, provided that: i) the property upon which the use is located is zoned residentially; ii) an historic resource is situated on the property; and iii) the property obtains access from a primary or secondary street. The provisions of this subsection shall only be applicable to a property or properties held in single ownership as of the effective date of this article, and further subject to the following conditions:
(1)
The guarantee referenced in §
114-12D6, Subsection
B(4) has first been submitted and approved by the Township prior to a request for approval under this §
114-12D4, Subsection
E.
(2)
Such use must be permitted by right, or by special exception
within one of the residence districts as listed elsewhere in this
Code.
(3)
Any new buildings, additions to existing buildings, or expansion of use on the property must meet the bulk requirements of the underlying zoning district with respect to yard setbacks, building area, impervious surface and height, except to the extent such property is already nonconforming or to the extent modified pursuant to the provisions of §
114-138.
(4)
Buffer area shall be a minimum of 20 feet in width along the
side or rear property lines with an additional one foot in width added
for every 1,000 square feet (or portion thereof) of new or expanded
floor area in excess of 7,000 square feet of habitable floor area,
with a maximum buffer area requirement of 50 feet. Any existing improvements
that project into the required buffer area may remain, provided that
they were lawful when built.
(5)
Site lighting shall be designed to shield the source of illumination
to prevent glare on adjacent properties.
(6)
Any assisted living facility, personal care facility or home
for the aged shall be permitted only on a property having a gross
area of at least three acres.
(7)
Off-street parking shall be provided at a rate of 0.6 parking spaces for each bed in the case of a sanatorium, nursing home, convalescent home or home for the aged. All other provisions of §
114-134, Off-street parking and loading provisions, shall apply that are not in conflict with this requirement.
The requirements applicable to the underlying zoning district relating to building area, impervious surfaces and front, side and rear yard setbacks may be modified by up to 15% with respect to historic resources, or permitted additions thereto, subject to obtaining a recommendation from either the Historical Commission, pursuant to Chapter
46, Historic Resources, and subject to obtaining a special exception from the Zoning Hearing Board. These modifications shall apply to the area of the lot as it existed on date of enactment of this article.
A. Where the requirements are modified pursuant to this section, the
applicant must demonstrate to the satisfaction of the Zoning Hearing
Board that the degree of relief is required to accommodate the reasonable
development, use or enhancement of the historic resource.
B. The additional building area and impervious surface coverages permitted
by this section may each not exceed 50% of the building area of the
historic resource.
C. Where the requested relief is determined by the Zoning Hearing Board
to be essential to the preservation of the historic resource because
without such relief it would not be physically or economically possible
to maintain the historic resource, the Zoning Hearing Board may, by
special exception, reduce such requirements to a greater degree than
permitted by this section to protect the historic resource.