[Ord. 1993-10, 8/5/1993, § 1000]
This Part shall be known as the "Lower Macungie Township Heritage
Preservation Ordinance," and shall be maintained as an appendix to
the Township's Zoning Ordinance.
[Ord. 1993-10, 8/5/1993, § 1001; as amended by
Ord. 2011-12, 10/6/2011]
1.
The Board of Commissioners recognizes the unique resource presented
by the presence of historic, farm and other unique structures in the
Township, and has adopted this Part to promote the following goals:
A.
To promote civic pride by preserving the heritage of the community.
B.
To promote the general welfare by protecting the integrity of the
historic and farming resources in Lower Macungie Township.
C.
To establish a clear process by which proposed changes affecting
historic and farming resources are reviewed by appropriate Township
entities.
D.
To mitigate the negative effects of proposed changes on or near historic
and farming resources.
E.
To encourage the continued use of historic and farming resources
and facilitate their appropriate reuse.
F.
To tailor conservation measures to those clearly delineated historic
and farming resources in Lower Macungie Township worthy of preservation.
G.
To encourage the preservation of historic and farmstead settings
and landscapes.
H.
To discourage the unnecessary demolition of historic and farming
resources.
I.
In furtherance of goals stated in Lower Macungie Township's
Comprehensive Plan and objectives of regional comprehensive plan.
[Ord. 1993-10, 8/5/1993, § 1002]
1.
Compliance. Any use or alteration of a historic or farming resource
shown on the Historic Resources Map shall occur only in full compliance
with the terms of this Part and other applicable regulations.
2.
Historic Overlay. The Historic Resources Map shall be deemed an overlay
on any zoning districts now or hereafter enacted to regulate the use
of land in Lower Macungie Township and is adopted herewith.
3.
Incompatible Regulations. For any property shown on the Historic
Resources Map, the requirements and opportunities contained in this
Part shall supersede the otherwise applicable provisions of the underlying
zoning district, to the extent that such provisions are incompatible
with those found in this section.
[Ord. 1993-10, 8/5/1993, § 1003; as amended by
Ord. 2011-12, 10/6/2011]
1.
Classifications. The Historic Resources Map delineates three classifications
of historic resources in Lower Macungie Township, which are defined
as follows:
A.
Class I.
(1)
Certified historic structures.
(2)
Contributing resources, i.e., buildings, sites, structures,
underground resources and objects filed as such with the National
Register of Historic Places, or may have the potential to be listed
thereon.
(3)
Buildings, sites, structures, objects, underground resources
and districts which have received a determination of eligibility (DOE).
B.
Class II. Buildings, sites, structures and objects not meeting National
Register criteria but determined to be of historical or architectural
significance to Lower Macungie Township and appropriately documented
to that effect by the Lower Macungie Township Historical Commission.
C.
Class III. Building, sites, structures and objects originally constructed
for agricultural use and included in the historic resources inventory
of the Township but not included in either Class I or Class II above.
2.
Revisions. The Historic Resources Map may be revised from time to
time by legislative action of the Board of Commissioners. Prior to
such revisions by the Board, the following criteria shall be met:
A.
In considering any revision, including additions, deletions or changes
of classification to the Historic Resources Map, the Board shall request
a written recommendation from the Lower Macungie Township Historical
Commission.
B.
The owner(s) of any property(ies) which are the subject of any such
proposed administrative action shall be given written notice of the
Lower Macungie Township Historical Commission's recommendation
to the Board at least 10 days prior to the meeting at which time the
recommendation is to be presented. Notice of proposed legislative
action, however, shall not be required, except as otherwise provided
by statute.
C.
Official List. The Historical Commission shall create and maintain
a current list of resources shown on the Historic Resources Map and
their respective classifications.
[Ord. 1993-10, 8/5/1993, § 1005]
1.
Use Opportunities - Class I Structures. (Reserved)
2.
Use Opportunities - Class II Structures. (Reserved)
3.
Use Opportunities - Class III. In addition to the uses permitted
by the underlying zoning districts of the Township and those allowed
as valid nonconforming uses, each Class III historic resource may
be considered for additional use opportunities subject to the standards
and procedures contained in applicable sections of this section set
forth below.
A.
Uses. Residential Zones (Semi-Rural, Suburban Residential and Urban
Residential).
|
Uses
|
Type of Structure
| |||
|---|---|---|---|---|
|
Barn
|
Corncrib or other Permanent Storage Area
|
Other
| ||
|
Single-family dwelling
|
P
|
P
|
—
| |
|
Home occupation
|
P
|
P
|
P
| |
|
Bed and Breakfast
|
C
|
—
|
—
| |
|
Professional or business office
|
C
|
—
|
—
| |
|
Guest house, "in-law" residence
|
P
|
P
|
P
| |
|
Creation and sale of cottage industry products and handcrafts
|
P
|
P
| ||
|
Warehousing and storage
|
P
|
P
|
P
| |
|
Agricultural uses (not involving husbandry)
|
P
|
P
|
P
| |
B.
Uses. Village Center, Suburban Center, Commercial and Industrial
Zones.
|
Uses
|
Type of Structure
| |||
|---|---|---|---|---|
|
Barn
|
Corncrib or other Permanent Storage Area
|
Other
| ||
|
All uses permitted in Residential Zones (Subsection 3A above)
| ||||
|
Multi-family housing
|
C
| |||
|
Inn
|
C
|
—
| ||
|
Eating and/or drinking establishments
|
C
|
—
| ||
|
Food processing
|
C
|
C
| ||
|
Light assembly and manufacturing
|
C
|
C
| ||
C.
Uses. Rural Zone and Agricultural–Rural Zone.
|
Uses
|
Type of Structure
| |||
|---|---|---|---|---|
|
Barn
|
Corncrib or other Permanent Storage Area
|
Other
| ||
|
All uses permitted in Residential Zones (Subsection 3A above)
| ||||
|
Animal husbandry
|
P
|
P
|
P
| |
|
Riding stables/equestrian center
|
P
|
P
|
P
| |
|
Kennels
|
P
|
P
|
P
| |
|
P
|
—
|
Permitted by right.
| |
|---|---|---|---|
|
C
|
—
|
Permitted as a conditional use.
|
[Ord. 1993-10, 8/5/1993, § 1006; as amended by
Ord. 2011-12, 10/6/2011]
1.
Class I Structures. (Reserved.)
2.
Class II Structures. (Reserved.)
3.
Class III Structures. The following design standards shall apply,
except where specifically noted to the contrary in the subsections
below, to any of the additional use opportunities considered for Class
III historic resources. Compliance with all other sections of this
Part shall be required as applicable.
A.
No Class III historic resource may be enlarged beyond what is minimally
necessary to accommodate the additional use. As a guideline, no Class
I historic resource should be enlarged by more than 15% of its gross
volume to utilize these opportunities.
B.
Unless otherwise specified herein, any rehabilitation, restoration,
alteration, or enlargement of a Class III historic resource necessary
to accommodate an additional use opportunity must be in substantial
compliance with the standards of this and other applicable ordinances.
C.
Plans for any rehabilitation, restoration, alteration, or enlargement
deemed necessary by the applicant to utilize any of the additional
use opportunities shall be submitted to the Township Historical Commission
and Zoning Officer for review. Such plans shall be in sufficient detail
to allow the Commission to determine their level of compliance with
the standards of this section, and shall include as a minimum, the
following:
(1)
A specific description of the exterior of the existing structure
including architectural style of coloration, building materials, age
and condition.
(2)
The exact location of the structure and the lot upon which rehabilitation,
restoration, alteration or enlargement is to occur (provided on a
plot plan or survey).
(3)
The exterior changes to be made, and the exterior characteristics
of all additions or expansions to the structure.
(4)
A list of all other structures within 300 feet describing the
general external characteristics of each.
D.
Within 45 days, the Commission shall review the plans for compliance
with the standards contained in this section and shall submit its
findings in a written report. The report shall indicate what specific
changes in the plans are necessary to bring them into substantial
compliance. Special use approval shall only be granted if the recommendations
set forth in this report are met.
E.
Where an additional use opportunity is permitted, landscaping must be provided in accordance with § 17-108.
F.
Off-street parking otherwise required by the Zoning Ordinance [Chapter 27] may be altered by the Board of Commissioners to accommodate special conditions related to the use of the Class III resource provided adequate parking will be provided for the proposed use.
G.
Improvements to a Class III structure may warrant changes to the
building classification determined by the Historical Society.
[Ord. 1993-10, 8/5/1993, § 1007; as amended by
Ord. 2011-12, 10/6/2011]
The subdivision of a lot which contains an historic resource
of any class shall be accomplished in such a manner that the resulting
lot that will contain the resource is large enough to preserve the
setting of the historic resource, and maintain its relationship with
other principal structures with which it was historically used. The
size and configuration of the subdivided lot shall depend upon the
class of historic resource and the characteristics of the landscaping
of the subdivided lot and adjacent lots. Review and recommendations
regarding the resource and its subdivided lot shall be made by the
Township Historical Commission to the Planning Commission and the
Board of Commissioners. The Board may require that a lot size be increased
above the minimum lot size for the zoning district in which the resource
is located in order for special use approval to be granted. In no
case shall the lot be smaller than that otherwise required for the
district. Nothing set forth in this section shall be construed to
require the land upon which the historic structure is situate to be
subdivided from adjacent parcels containing structures committed to
other uses.
[Ord. 1993-10, 8/5/1993, § 1008; as amended by
Ord. 2011-12, 10/6/2011]
1.
Applicability. In addition to, or in lieu of, applicable buffering
requirements of this Part, a landscape plan for the grounds surrounding
an historic resource may be required by the Board of Commissioners
or Zoning Hearing Board when a tract proposed for subdivision or land
development contains an historic resource which is proposed for a
special exception use.
2.
Landscape Plan. The plan must be prepared by a landscape architect
or a qualified nurseryman and show all pertinent information, including
the location, size, and species of all individual trees and shrubs
to be planted or preserved. Through screening, buffering, and selection
of plant material, the plan should strive to protect the integrity
of setting of the historic resource, including any historic plant
material, and shall protect abutting properties from the impact of
any use which would not be permitted except through the special use
provisions of this section.
3.
Review by Township Historical Commission. The landscape plan will
be reviewed for appropriateness and effect by the Commission within
30 days of receipt by the Township. The Commission shall set forth
its comments and recommendations in a written report to the Board
of Commissioners.
[Ord. 1993-10, 8/5/1993, § 1009; as amended by
Ord. 2011-12, 10/6/2011]
1.
Standards for Rehabilitation. Any proposed rehabilitation, alteration,
or enlargement of a designated historic resource should be in substantial
compliance with the Secretary of the U.S. Department of the Interior's
Standards for Rehabilitation. The Commission may, from time to time,
promulgate supplemental regulations and criteria, which shall become
effective upon adoption thereof by the Board of Commissioners.
2.
Compliance. Determination of compliance with these standards shall
be made by the Township Historical Commission, which shall issue a
written recommendation as to compliance to the Board of Commissioners.
3.
Other Requirements. The rehabilitation requirements of this section
shall be in addition to those found in other Township ordinances and
regulations, including, but not limited to, those found in the various
Township Building Codes.
[Ord. 1993-10, 8/5/1993, § 1010; as amended by
Ord. 2011-12, 10/6/2011]
1.
Conditions Precedent to Permit Issuance. All applicants for special
use approval must obtain special use approval and a Certificate of
Appropriateness as conditions precedent to the issuance of any building,
use, or occupancy permits. Upon receipt of the written comments of
the Township Historical Commission, and where relevant, notice of
approval of a special exception use by the Zoning Hearing Board, the
Board of Commissioners, shall consider, at the next regularly scheduled
meeting of the Board of Commissioners, the applicant's special
use application and the issuance of a Certificate of Appropriateness
for any exterior work proposed by a special use applicant. The applicant
shall be given 10 days' notice of the time and place of the meeting
at which his application will be considered and shall have the right
to attend and be heard regarding his application. All interested persons
may appear and be heard at the meeting held by the Board of Commissioners.
A.
Decision of Board of Commissioners. Within 15 working days following
the conclusion of the aforesaid meeting, the Board of Commissioners
shall, by official written communication to the applicant, either:
(1)
Issue special use approval and a certificate of appropriateness
for the proposed external changes as submitted.
(2)
Issue special use approval and a certificate of appropriateness
subject to specified changes not included in the application as submitted,
but which would protect the distinctive historic character of the
building, site, or area which is proposed to be changed.
(3)
Deny special use approval, or a certificate of appropriateness,
or both, with respect to the proposed changes as submitted. Reasons
for denial shall be expressly set forth in the written decision.
|
Failure of the Board of Commissioners to so act within the said
period shall be deemed to constitute a decision in favor of the applicant
with regard to any action not timely made. In the event that approval
is granted subject to conditions, the applicant may, within 10 days
after receiving a copy of the official written communication from
the Board of Commissioners, give notice of his acceptance or of his
refusal to accept all of the conditions.
| |
|
Should all conditions not be accepted, the Board shall be deemed
to have denied the special use approval or the Certificate of Appropriateness,
whichever is applicable. In the event the applicant does not, within
the said period, notify the Board of Commissioners of his refusal
to accept all of the said conditions, the approval, with all conditions,
shall stand as granted.
|
B.
Resolution of Board of Commissioners. The grant or denial of special
use approval or of a Certificate of Appropriateness shall be in the
form of a written resolution which shall include findings of fact
related to the specific proposal and shall set forth the reasons of
the grant, with or without conditions, or for the denial, which were
relevant to it decision.
C.
A certificate of appropriateness review by the Board of Commissioners
shall be limited to a determination of the appropriateness of external
changes, modifications and renovations of structures proposed for
special use approval only.
2.
Appeals. Any decision of the Board of Commissioners under this Part,
granting or denying special use approval, a certificate of appropriateness,
or authorizing or refusing to authorize a modification in such Certificate
of Appropriateness, shall be subject to review and appeal in the same
manner and within the same time limitations as are provided for zoning
appeals, pursuant to the Pennsylvania Municipalities Planning Code,
as amended, 53 P.S. § 10101 et seq.
3.
Administrative Officer. The Zoning Officer, or such other person
or agency charged by the Board of Commissioners with the enforcement
of the provisions of this Part, shall review the progress and status
of the proposed changes and shall timely remit applications and render
such reports thereon to the Board of Commissioners and to HARB as
may be necessary to assure compliance with the provisions of this
Part and the conditions of special use approval and of the certificate
of appropriateness.
4.
Permit Issuance. Upon issuance of a certificate of appropriateness
and special use approval, the Zoning Officer shall issue building,
use, or occupancy permits, as appropriate.
[Ord. 1993-10, 8/5/1993, § 1011]
1.
Demolition Permit. No Class I, II or III historic resource shall
be demolished, in whole or in part, (including the indiscriminate
removal or stripping of any significant interior or exterior architectural
features), unless a permit shall have been obtained from the Zoning
Officer of the Township in accordance with the procedures and requirements
of this section and other applicable standards and procedures of the
Township Building Codes and other applicable ordinances.
2.
Application Requirements for Historic Resources. In addition to applicable
requirements under the Township Building Code, any applicant seeking
a permit to demolish a historic resource shall provide the following
with regard to that historic resource:
A.
Owner of record.
B.
Classification on Historic Resources Map.
C.
Site plan showing all buildings and structures on the property.
D.
Recent photographs of the resource proposed for demolition.
E.
Reasons for the demolition.
F.
Method of demolition.
G.
Future uses of the site and of the materials from the demolished
resource.
3.
Review by the Township Historical Commission. The Zoning Officer
shall notify the Commission of the application for demolition within
five days of acceptance of a properly completed application, including
the necessary filing fee, shall post the property with a pending demolition
notice, and shall assure that public notice has been given in a newspaper
of general circulation of the pending demolition not less than 20
days prior to the anticipated demolition date. No historic resource
shall be demolished until the Historical Commission has had 30 days
to review the proposed demolition and its impact upon the Township.
[Ord. 1993-10, 8/5/1993, § 1012; as amended by
Ord. 2011-12, 10/6/2011]
1.
Fines and Penalties. Any person who violates the requirements of this section shall be subject to the fines and penalties imposed under Part 26 of the Township Zoning Ordinance [Chapter 27], as well as any applicable fines and penalties imposed under the Township Building Code [Chapter 5, Part 1], and shall be subject to injunctive and other legal equitable remedies necessary to assure the preservation of the Township's historical resources.
2.
Permit Withholding. The Board of Commissioners shall withhold issuing
any building permits for a minimum of one year for a property which,
at the date of enactment of this Part, was occupied by a Class III
historic resource which subsequently was demolished in violation of
this section.
