The Historic Preservation Article is designed
to:
A. Promote the general welfare by protecting the integrity
of the historic resources of Concord Township.
B. Establish a clear process by which proposed changes affecting historic resources, such as requests for demolition of, or special exception or conditional uses for, or any subdivision or land development or construction within 300 feet of an historic resource as described in §§
210-183.6 and
210-183.7, are reviewed by the Concord Township Historical Commission and the Board of Supervisors.
C. Mitigate the negative effects of proposed changes
on historic resources.
D. Encourage the continued use of historic resources
and facilitate their appropriate reuse.
E. Tailor protective measures to those clearly delineated
historic resources in Concord Township worthy of preservation.
F. Encourage the preservation of historic settings and
landscapes.
G. Discourage the unnecessary demolition of historic
resources.
H. Implement Section 605(2)(vi) of the Pennsylvania Municipalities
Planning Code whereby uses and structures at or near places having unique
historical, architectural or patriotic interest or value may be regulated.
Unless otherwise expressly stated, the following
words and phrases shall be construed throughout this article to have
the meanings indicated below:
A. The present tense includes all other tenses; the singular
includes the plural, and the plural includes the singular; the masculine
gender includes the feminine and neuter; the word "used" includes
the words "designed" or "arranged;" the word "person" includes any
individual, estate, trust, fiduciary, partnership, association, corporation
or any other organization or entity, including the principal officers
thereof or any person or entity acting directly or indirectly by,
through or under any of the foregoing; the word "occupied" includes
the words "designed, or intended to be occupied;" the word "structure"
includes "building"; the word "shall" is always mandatory; the word
"may" is always permissive and the words "as amended" as applied to
any statute, ordinance, code, regulation, plan or map includes replacements,
supplements or restatements thereof; and reference to a particular
article, section or subsection which inherently refers to other articles,
sections or subsections, includes all articles, sections or subsections
referred to.
B. The word "Township" means Concord Township, Delaware
County, Pennsylvania; the term "Board" or "Board of Supervisors" means
the Board of Supervisors of the Township; the term "Planning Commission"
means the Planning Commission of the Township; and "Commission" or
"Historical Commission" means the Historical Commission of the Township.
C. The terms "such as" and "including" are intended to
introduce matters which are illustrative of the meaning of the sentence,
clause or phrase in which such terms appear without limiting or derogating
from the general application of the sentence, clause or phrase in
which such terms appear.
Historic resources in Concord Township shall be as shown upon the map attached to and made part of this article which shall be designated "
Historic Resources Map," prepared by Thomas Comitta Associates, Inc., Town Planners & Landscape Architects, dated August 12, 1997, last revised August 18, 1997. Said map and all the notations, references and other data shown thereon and the inventory attached hereto compiled by the Concord Township Historical Society, dated August 10, 1997, last revised August 17, 1997, are hereby incorporated herein by reference into this article and shall be as much a part of this article as if all were fully described herein.
A. Classifications. The
Historic Resources Map delineates resources by classification. Three classifications of historic resources in Concord Township are defined as follows:
(1)
Class I:
(a)
Buildings on the National Register.
(b)
Contributing resources in a registered historic
district, i.e., buildings, sites, structures and objects filed as
such with the National Register of Historic Places.
(c)
Buildings, sites, structures, objects and districts
which have received a determination of eligibility (DOE).
(2)
Class II. Historic resources and districts not
meeting National Register criteria, but determined to be of historical
significance (for example, more than 100 years old or related in some
way to an important person or significant to local history) to Delaware
County and/or Concord Township and appropriately documented to that
effect by the Concord Township Historical Commission.
(3)
Class III. Historic resources and districts included in the
Historic Resources Map of the Historical Commission and not included in either Class I or Class II above.
B. Revisions. The
Historic Resources Map shall be reviewed as needed but at least once each calendar year every year and revised if needed by legislative action of the Board of Supervisors, after a public hearing.
(1)
In considering any revisions, including additions, deletions or changes of classification to the
Historic Resources Map, the Board of Supervisors shall afford the Historical Commission an opportunity to supply a written recommendation.
(2)
The owner(s) of any property(ies) which is the
subject of any such proposed legislative action shall be given written
notice of the Historical Commission's recommendation to the Board
of Supervisors at least 30 days prior to the public hearing.
C. Official inventory. The Historical Commission shall maintain an updated inventory of resources shown on the
Historic Resources Map and their respective classifications for Concord Township.
[Amended 12-1-1998 by Ord. No. 227]
A. In addition to the uses permitted by right, special exception or conditional use in the various zoning districts of Concord Township, each Class I or Class II historic resource dwelling, barn, outbuilding or other building as defined on the
Historic Resources Map in these districts shall be entitled to continue any use in existence for a continuous period of not less than 25 years at the time of adoption of this Ordinance. Subject to the following provisions, such Class I or Class II historic resource dwelling, barn, outbuilding or other building shall be entitled to one or more of the additional use opportunities specified in Subsections
B and
C of this section.
[Amended 12-4-2001 by Ord. No. 265]
(1)
Compliance with the standards and procedures
contained in applicable sections of this article.
(2)
Preparation of historic resource study as defined
in § 210-183.10.
(3)
Review and recommendation by the Historical
Commission.
(4)
Additional requirements set forth in this section.
(5)
Approval of the Board of Supervisors, following
a conditional use hearing.
B. Additional dwelling unit. An additional dwelling unit, over and above existing zoning requirements, may be allowed in an historic dwelling, barn, outbuilding or other building as defined on the
Historic Resources Map, provided that the following conditions are met:
(1)
The additional dwelling unit has no more than
two bedrooms.
(2)
There is sufficient off-street parking, to the
rear or side, to accommodate two additional vehicles, and the additional
unit will not require or generate additional vehicle parking beyond
the two provided.
(3)
Any additions/alterations to the existing historic structure, and all landscaping, must conform to existing zoning and subdivision and land development ordinance requirements and should follow as closely as possible the most recent edition of the Secretary of the United States Department of the Interior's Standards for Rehabilitation (defined in Subsection
D below) and the most recent edition of the Secretary of the Interior's Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings.
(4)
The dwelling unit shall be totally contained
within the historic resource.
(5)
Property containing an historic resource shall
be of sufficient size to comply with the zoning requirements of the
district for two dwelling units.
(6)
The dwelling unit may be in the form of an apartment
unit in the historic dwelling or may be wholly contained within the
barn, outbuilding or other building.
C. Conditional uses. The historic dwelling, barn, outbuilding or other building as defined on the
Historic Resources Map may be utilized for the uses listed below, provided that the conditions set forth in Subsection
D of this section are met:
(1)
Bed-and-breakfast homestay subject to provisions of §
210-238 of this chapter.
(2)
Cultural studio/facility. A studio used for
artistic instruction or education used by artists, photographers,
dancers, craftsmen, artisans and/or used by artists to produce artistic
objects and/or a facility for public viewing of artistic, educational
or historic objects that would allow the selling of the objects on
view, such as museums, galleries, as well as antique shops, provided
that it includes only the display and sale of objects and does not
include the repair, finish/refinish, construction or preparation of
objects for sale.
(3)
Educational/social center. A facility, on a
lot of not less than five acres, for educational and business conferences,
including teleconferencing, as well as private parties and gatherings,
to include the preparation and serving of food and beverage to the
guests, but does not include a public restaurant.
(4)
Flower shop. An establishment for the retail
sale of flowers, plants and floral arrangements prepared on site.
(5)
Indoor recreational facility. A facility for
athletic activities involving physical exercise, fitness and health
maintenance, such as aerobics, racquetball, handball and tennis.
(6)
Funeral home. An establishment in which the
dead are prepared for burial or cremation and in which wakes and funerals
may be held.
(7)
Educational farm. A facility, on a lot not less
than 10 acres in size, making use of its current farming facilities
and usage to provide instruction in farming history, methods, techniques
and farm animals as practiced in Concord Township and Delaware County,
Pennsylvania.
D. The conditions that must be met in order for the historic dwelling, barn, outbuilding or other building as defined on the
Historic Resources Map to be utilized for the above defined conditional use are
as follows:
(1)
The historic resource is located on a lot five
acres or more or, if on a lot one to five acres, the activity generated
by the proposed use is located at least 300 feet from any residential
dwelling.
(2)
The use conforms to existing fire and safety
regulations.
(3)
There is sufficient off-street parking to accommodate
the use, which parking conforms to the following:
(a)
Parking spaces do not exceed eight allowable
spaces per acre of available lot coverage.
(b)
Parking is at least 100 feet from any residential
dwelling located on adjacent property, is placed to the side or rear
of the main structure and is sufficiently landscaped to shield the
parking area from residential view.
(4)
Lighting is limited to providing sufficient
lighting for safety and security of customers of the establishment,
but does not impinge on neighboring residential character, as determined
by the Historical Commission.
(5)
The conditional use does not include a liquor
license.
(6)
Entertainment is not provided by the property
owner or lessee (leasing agent), but is allowed if a customer provides
the entertainment, the entertainment conforms to existing ordinances
and includes no amplified music audible from the outside.
(7)
Hours of operation are limited to 8:00 a.m.
to 11:00 p.m., excluding time required for set up and clean up.
(8)
Any addition/alteration to the existing historic
structure, and all landscaping, must conform to the existing zoning
and subdivision and land development ordinance requirements.
(9)
Board approval or rejection.
(a)
In determining whether to approve or reject
the proposed addition or alteration, the Board of Supervisors shall
consider the effect which the proposed addition/alteration will have
upon the general historic and architectural nature of the Township.
The Board shall pass upon the appropriateness of the proposed exterior
architectural features which can be seen from a public street or way
and shall consider the general design, arrangement, texture, material
and color of the building or structure and the relation of such factors
to similar features of buildings and structures in the Township. In
evaluating the proposed addition/alteration, the Board shall consider:
[1] Broad historical values representing
the cultural, political, economic or social history of the Township.
[2] The relationship of the structure
with historic personages or events.
[3] Specimen architectural types representative
of a certain period and a style or method of construction.
[4] The effect of the proposed change
upon the general historic and architectural nature of the Township.
[5] The appropriateness of exterior
architectural features which can be seen from a public street or way.
(b)
In its review the Board may rely upon, where
appropriate, the most recent edition of the Standards for Rehabilitation
and the Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing
Historic Buildings of the United States Department of Interior.
E. An applicant requesting a conditional use shall follow, as applicable, the provisions of Article
XXVII, Conditional Uses, and in addition shall comply with the following:
(1)
The request for a conditional use shall be accompanied
by an historic resource study complying with the provisions of § 210-183.10,
Historic resource study.
(2)
At the conditional use hearing conducted by
the Township or its designee a representative from the Historic Commission,
when requested by the hearing body, may be present and offer testimony
and evidence on behalf of the Historic Commission.
(3)
Applicants shall have the option of submitting
the historic resource study to the Historic Commission prior to filing
the application request for a conditional use and meeting with the
Historic Commission to discuss the request for a conditional use.
[Amended 12-1-1998 by Ord. No. 227]
A. Residential development.
(1)
In the preservation and use of a Class I and/or
Class II historic resource, there shall be included a lot area of
sufficient size to preserve those portions and features of the historic
resource which are significant to its historical, architectural and
cultural values. As a minimum, no lot line shall be closer than 85
feet to a Class I or Class II historic resource.
(2)
After the lot area of the Class I and/or Class II historic resource is determined in accordance with Subsection
A(1) above, the remaining number of buildable lots that would be allowed on the parcel by the Zoning Ordinance may be reduced in size, if necessary, to accommodate that same number on the parcel, to not smaller than 20,000 square feet or 10, 000 square feet in a cluster development.
B. Nonresidential properties. For each additional acre,
above the minimum required lot area for the historic resource, remaining
with the historic resource, an additional 1% of building coverage
may be permitted for nonresidential properties.
The provisions of this Article XIXA shall not
be construed to repeal, abrogate or impair any existing easements,
covenants or deed restrictions applicable to historic resources and
any such existing easements, covenants or deed restrictions shall
remain in full force and effect, enforceable by any and all parties
in interest.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency except Article
XX, Floodplain Conservation District, of the Zoning Ordinance of Concord Township, which is not repealed or amended and its provisions shall remain in full force and effect.