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Chadds Ford Township
City Zoning Code

ARTICLE XX

Historic Overlay District HOD and the Historical and Architectural Review Board HARB

§ 135-139 Purpose.

The Chadds Ford Township Historic Overlay District is intended:
A. 
To protect those Certified Historic Structures and other Historic Resources in those portions of Chadds Ford Township that have a distinctive character, attesting to its rich cultural, historical and architectural heritage;
B. 
To awaken, or reinforce, in our people an interest in our historic past;
C. 
To promote the general welfare, education and culture of the Township;
D. 
To inspire an interest in civic beauty through the encouragement of appropriate settings and continued Construction of Buildings in the historic styles and in general harmony with respect to style, form, color, proportion, texture and material between Buildings of historic design and those of more modern design; and
E. 
To promote educational, recreational and cultural activities within our municipality and to advance the principles, goals for community Development and the recommendations embodied in the Comprehensive Plan.

§ 135-140 Authority and applicability.

This article is enacted pursuant to the authority granted by the Historic District Act of June 13, 1961, as amended (53 P.S. § 8001 et seq.), which allows for the regulation of exterior architectural features of Buildings and other Structures that can be seen from a Public Street or way within the boundaries of the Historic Overlay District. The Historic District Act also grants local governing bodies the authority to establish Historic Districts and the HARB.

§ 135-141 District boundaries and legislative intent.

A. 
The boundaries of the Historic Overlay District are as shown on the Chadds Ford Township Zoning Map.
B. 
The Historic Overlay District is intended to implement a program for historic site and Historic Resource protection that relates directly to the Historic Districts that constitute the Historic Overlay District:
(1) 
The Brandywine Battlefield Park certified and included in the National Register on January 20, 1964, and the Brandywine Battlefield Park National Historic Landmark certified and included in the National Register on November 24, 1978, by the U.S. Department of the Interior, National Park Service;
(2) 
The Chadds Ford Village Historic District certified and included in the National Register on November 23, 1971, by the U.S. Department of the Interior, National Park Service;
(3) 
The Dilworthtown Historic District certified and included in the National Register on January 18, 1973, by the U.S. Department of the Interior, National Park Service; and
(4) 
The Twin Bridges National Historic Rural District certified and included in the National Register on September 18, 2017.

§ 135-142 Establishment or expansion of Historic District.

A. 
Any Historic and Architectural Review Board (HARB) member, property Owner or member of the public may recommend that an area be considered for designation as an Historic District. After performing extensive evaluation to include historical research, statements of significance that apply the designation criteria, physical description of the district and resources, a property inventory, maps and photographs, a report should be prepared and presented to the Planning Commission, which shall review the application for consistency with Township ordinances and consider whether one or more of the following criteria are met:
(1) 
The area's history, landscape and architecture;
(2) 
The area's relationship to events or patterns of history;
(3) 
The area's relationship to Persons important in the history of the Township, regions, state or nation, and
(4) 
Important examples of architectural styles, materials, or Construction methods.
B. 
Notification of any such presentation before the Planning Commission shall meet notification requirements as set forth in Chadds Ford Township Resolution 2018-28, Rules of the Board. If the Planning Commission verifies that the proposed Historic District meets one or more of the criteria and the report receives a recommendation of approval by the Planning Commission, such presentation shall be made before the HARB. Upon recommendation of the Planning Commission and the HARB, the Board of Supervisors will ultimately decide whether or not formal application should be made.
C. 
Upon the Board of Supervisors' recommendation that the nomination should move forward, the Person or group so designated by the Supervisors will pursue an Historic District application to the Pennsylvania Historic and Museum Commission, in accordance to the procedures in effect at that time.

§ 135-143 General provisions.

A. 
The Board of Supervisors has the power and duty to certify to the appropriateness of the erection, reconstruction, Alteration, restoration, demolition or razing of any Building, in whole or in part, within the Historic Overlay District. The Board of Supervisors shall consider the appropriateness of exterior architectural features and signage that can be seen from a Public Street or way, only, 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 district. No permit for any such building changes may be issued until a Certificate of Appropriateness has been issued by the Board of Supervisors, pursuant to 53 P.S. § 8004.
B. 
If any proposal for Construction, Alteration or other change in an Historic District also requires Subdivision and/or Land Development approval by the Chadds Ford Township Board of Supervisors, all approvals therefor shall be obtained prior to application for review and approval required under this article.
C. 
Nothing in this article shall be construed to:
(1) 
Prevent the ordinary maintenance or repair of any exterior elements of any Building or other Structure described herein;
(2) 
Prevent the Construction, reconstruction, Alteration, rehabilitation or demolition of any such elements that the Board of Supervisors shall certify as required for public safety;
(3) 
Require the issuance of a Certificate of Appropriateness prior to undertaking routine maintenance unless such maintenance includes erection, reconstruction, Alteration, restoration, rehabilitation, demolition or razing all or part of a Structure; or
(4) 
Require a level (or degree) of maintenance greater than that required under provisions of other pertinent Township regulations; or require any action by the Owner (other than preservation against decay, Deterioration, repair and routine maintenance as stipulated in this section) to comply with the intent of this chapter before said Owner voluntarily chooses to erect, reconstruct, alter, restore, rehabilitate, demolish or raze all or part of a Building.

§ 135-144 Historical and Architectural Review Board.

A. 
Establishment, composition, administration, appointment and terms of members.
(1) 
The Historical and Architectural Review Board (HARB) is hereby established to be composed of not less than five members, appointed by the Board of Supervisors, one of whom shall be a registered architect, one shall be a licensed real estate broker, one shall be a building inspector, one a member of the Planning Commission and the remaining member or members shall have a knowledge of and an interest in the preservation of the Historic District. A minimum of three members shall be Chadds Ford Township residents.
(2) 
The position of any member of the HARB appointed in his/her capacity as a registered architect, a licensed real estate broker, a building inspector, or as a member of the Planning Commission who ceases to be so engaged shall be automatically considered vacant.
(3) 
The Board of Supervisors shall appoint HARB members to serve for a period of five years. HARB members failing to attend four consecutive meetings shall forfeit their membership unless a member provides notification to the Chair of a scheduled absence prior to a meeting. In the case of voluntary resignation, a member shall provide a thirty-day advance notice to the Chair.
(4) 
An appointment to fill a vacancy shall be only for the unexpired portion of the term. Any member may be removed from office for malfeasance, misfeasance or nonfeasance in office or for other just cause by a majority vote of the Board of Supervisors, taken after the member has received 15 days' advance notice of the intent to take such a vote. Any appointment to fill a vacancy created by removal shall be only for the unexpired portion of the term.
(5) 
The HARB shall elect its own Chairperson and Vice Chairperson and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves. The HARB may make and alter bylaws and rules and regulations to govern its procedures consistent with the ordinances of Chadds Ford Township and the laws of the Commonwealth of Pennsylvania.
(6) 
A majority of the HARB shall constitute a quorum and action taken at any meeting shall require the affirmative vote of a majority of the HARB. (From PS 8001)
(7) 
The members of the HARB shall serve without compensation but may be reimbursed for direct expenses. However, pursuant to appropriations authorized by the Board of Supervisors, the HARB may employ secretarial assistance and incur other expenses as may be necessary.
B. 
Functions and duties of the HARB.
(1) 
The HARB shall give counsel to the Board of Supervisors regarding the advisability of issuing a Certificate of Appropriateness pursuant to the Historic District Act of June 13, 1961,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
(2) 
The HARB shall hold a regularly scheduled monthly public meeting, provided that there is business to conduct, and shall record minutes and transmit them to the Board of Supervisors.
(3) 
The HARB shall hold any additional public meetings and hearings as provided in § 135-147 necessary to execute its powers and duties as required by this article.
(4) 
The HARB shall make an annual report to the Board of Supervisors that should include but not be limited to an accounting of expenditures, justification for the appropriation of monies for the upcoming year, a record of actions taken by the HARB in the preceding year and any recommendations for any changes to this article.
(5) 
The HARB on its own initiative may file a petition with the Code Enforcement Officer requesting that he/she proceed under the Building Code of the Township to require correction of defects or repairs to any Structure within the district so that such Structure shall be preserved and protected in consonance with the purpose of this article and the public safety.
(6) 
The HARB may supplement, or revise from time to time, the reference guide, "Architectural Guidelines for Construction in the Historic District," as adopted in 1987, to further describe exterior architectural design criteria. Such guidelines shall be Approved by resolution of the Board of Supervisors, published by the HARB and posted on the Township website.
C. 
Additional duties of the HARB. The HARB shall have the duties set forth in its Bylaws. In addition, at the request of the Board of Supervisors, HARB shall perform any other lawful activities that shall be deemed necessary to further the Township's preservation goals, including:
(1) 
Conduct a survey of and research on Buildings for the purpose of determining those of historic and/or architectural significance, pertinent facts about them and propose the nomination of significant resources to the National Register of Historic Places and other appropriate lists or programs, in coordination with the Planning Commission and/or other appropriate groups; and to maintain and periodically revise the detailed listings of historic sites and Buildings and data about them, appropriately classified with respect to national, state or local significance, to period or field of interest at the direction of the Board of Supervisors;
(2) 
To propose, from time to time as deemed appropriate, the establishment of additional Historic Districts and revisions to existing Historic Districts at the direction of the Board of Supervisors;
(3) 
To formulate recommendations concerning the establishment of an appropriate system of markers for selected historic and/or architectural sites and Buildings, including proposals for the installation and care of such historic markers at the direction of the Board of Supervisors;
(4) 
To formulate recommendations, develop informational brochures and educational materials about the Township's history and Historic Resources, to include the preparation and publication of maps, brochures, guidelines and descriptive material about the Township's Historic Districts; historic and/or architectural sites and Buildings at the direction of the Board of Supervisors;
(5) 
To cooperate with and advise the Board of Supervisors, the Planning Commission or other Township agencies in matters involving historically and/or architecturally significant sites and Buildings (such as appropriate land usage, parking facilities and Signs, as well as adherence to Lot dimensional regulations and minimum structural standards) at the direction of the Board of Supervisors;
(6) 
To maintain a list and map of potential archaeological sites which shall remain confidential, until such time that the information is disclosed to an Applicant for use in conjunction with proposed work on an affected site at the direction of the Board of Supervisors;
(7) 
To cooperate with and enlist assistance from the National Register of Historic Places, National Park Service, the National Trust for Historic Preservation, the Pennsylvania Historical and Museum Commission, the Chadds Ford Historical Society and other agencies, public and private, from time to time, concerned with historic sites and Buildings at the direction of the Board of Supervisors;
(8) 
To review and comment on the potential impact of proposed state and federal agency actions that may affect Historic Resources within the Township and to advise Owners of historic Buildings on matters of preservation at the direction of the Board of Supervisors;
(9) 
To advise Owners of historic Buildings on matters of preservation; and
(10) 
To work with the Board of Supervisors and the Planning Commission, as appropriate, in the following:
(a) 
Updates of the historic preservation component of the Comprehensive Plan;
(b) 
Updates of Township ordinances relative to the historic preservation goals stated in the Comprehensive Plan, to include revision to current ordinances and/or creation of new ordinances; and
(c) 
The pursuit of grants, gifts, donations and other sources of funds for the purposes stated herein.

§ 135-145 Preapplication meeting.

A. 
Prior to submitting an application for work in an Historic District, an Applicant may request a meeting before the HARB to discuss the changes under consideration and to review preliminary drawings, specifications, and the like. The purposes of this meeting are to acquaint the Developer, Owner or Agent with application requirements and standards of appropriateness of design and to provide the Applicant with input from the HARB regarding the project under consideration.
B. 
A preapplication review does not require formal application, but a request for a meeting shall be made to the HARB at least seven days before the date of the next regularly scheduled HARB meeting.

§ 135-146 Application procedures for work in the Historic Overlay District.

A. 
Instructions for submitting an application for work in the Historic Overlay District and the supporting documents required to be submitted with the application are included on the application form and are available in the Township offices and on its website.
B. 
All applications submitted for work in the Historic Overlay District and accompanying materials will be checked for completeness, and incomplete submissions will be returned to the Applicant.
C. 
A completed application with all required documentation shall be received at least 10 calendar days prior to a regularly scheduled meeting of the HARB in order to be placed on the agenda for that meeting.
D. 
Any Person applying for a Certificate of Appropriateness shall be given notice of the meeting at which the HARB will consider the application and may appear at the said meeting to explain the reasons therefor.

§ 135-147 Review procedures for work in the Historic Overlay District.

A. 
The HARB shall review the applications appearing on the agenda at its regularly scheduled public meeting, at which time it will consider the advice to provide to the Board of Supervisors for each specific application. The HARB may schedule additional meetings as necessary, which shall take place within 30 days of each other, unless mutually agreed otherwise by the HARB and the Applicant. The HARB may schedule special meetings in which case it shall advise the Applicant of the time and place of said meeting(s). The HARB may invite other Persons or groups to attend the meeting(s).
B. 
In cases involving the demolition or partial demolition of a Building or other Structure, the HARB may call upon the Township Engineer to provide a report on the state of repair and stability of the Building or other Structure under consideration prior to recommending the grant or denial of a Certificate of Appropriateness.

§ 135-148 Evaluation criteria for certificate of appropriateness.

A. 
The HARB may recommend against the issuance of a Certificate of Appropriateness for the erection, reconstruction, Alteration, rehabilitation, demolition, partial demolition or removal of any Structure within the Historic Districts which, in the HARB's opinion, would be detrimental to the interests of the district and against the public interests of the Township.
B. 
In determining the counsel to be presented to the Board of Supervisors concerning the issuing of a Certificate of Appropriateness authorizing a permit for the erection, reconstruction, Alteration, restoration, rehabilitation, demolition or razing of all or a part of any Building within the Historic Districts, the HARB shall consider the following matters:
(1) 
The effect of the proposed change upon the general historic and architectural nature of the district and all Contributing Resources;
(2) 
The appropriateness of exterior architectural features that can be seen from a Public Street or way only;
(3) 
The general design, arrangement, texture, material and color of the Building or other Structure and the relation of such factors to similar features of Buildings, Structures, or Contributing Resources in the district;
(4) 
Conformance to the provisions of § 135-152 and § 135-153 and other requirements of this chapter pertaining to use regulations, area bulk and height regulations, and structural standards; and
(5) 
Conformance to the publication titled, "Architectural Guidelines for Construction in the Historic Overlay Districts," as adopted by the Board of Supervisors, and supplemented or revised from time to time.
C. 
In addressing Subsection B(1) through (3), above, the HARB shall consider at least the following criteria in making its decision relative to the appropriateness of the proposed action:
(1) 
Proportion of Building or other Structure's facades.
(2) 
Proportion and location of openings within the Building or other Structure.
(3) 
Location and scale of entrances and/or porch projections.
(4) 
Relationship to existing colors, textures and materials.
(5) 
Consistency of architectural detailing.
(6) 
Consistency in the appearance of roof lines and shapes.
(7) 
Appropriateness and consistency of landscaping.
(8) 
Overall scale.
(9) 
Overall site planning and spatial definition produced by the location and placement of Structures.
(10) 
Relationship to existing building heights.
(11) 
Relationship to the Front, Rear and Side Yard Setbacks of existing Buildings or other Structures.
(12) 
Other Building and site criteria that will ensure the appropriateness and consistency of the proposed action relative to the existing character within the Historic Districts.
D. 
The HARB shall also consider the degree to which the proposed work complies with the Standards for Rehabilitation of the U.S. Department of the Interior in making a decision relative to the appropriateness of the proposal whenever rehabilitation work is proposed. The following standards shall be used:
(1) 
Every reasonable effort shall be made to provide a compatible use for a property that requires minimal Alteration of the Building, Structure or site and its environment, or to use a property for its originally intended purpose.
(2) 
The distinguishing original qualities or character of a Building, Structure or site and its environment shall not be destroyed. The removal or Alteration of any historic material or distinctive architectural features should be avoided when possible.
(3) 
All Buildings, Structures and sites shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an earlier appearance shall be discouraged.
(4) 
Changes that may have taken place in the course of time are evidence of the history and Development of a Building, Structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) 
Distinctive stylistic features or examples of skilled craftsmanship that characterize a Building, Structure or site shall be treated with sensitivity.
(6) 
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other Buildings or other Structures.
(7) 
The surface cleaning of Structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(8) 
Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
(9) 
Contemporary design for Alterations and additions to existing properties shall not be discouraged when such Alterations and additions do not destroy significant historical, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.
(10) 
Wherever possible, new additions or Alterations to Structures shall be done in such a manner that if such additions or Alterations were to be removed in the future, the essential form and integrity of the Structure would be unimpaired.
E. 
The HARB shall also consider the Guidelines for Rehabilitating Historic Buildings of the U.S. Department of the Interior in making its decision relative to the appropriateness of the proposal.
F. 
The HARB shall also consider the need for conducting an archaeological investigation or excavation on any site with known or potential archaeological resources, and shall advise the Applicant of required procedures.
G. 
The HARB shall also consider any Architectural Guidelines for work in an Historic District that have been Approved by the Board of Supervisors and published by the HARB.

§ 135-149 Findings and recommendations of the HARB.

A. 
The HARB shall submit to the Board of Supervisors, in writing, its counsel concerning the issuance of a Certificate of Appropriateness. This counsel shall be submitted in the form of a written report that shall include but need not be limited to the following:
(1) 
The application and all documents and materials submitted by the Applicant;
(2) 
A description of the effect of the proposed changes upon the general historic and architectural nature of the district;
(3) 
The opinion of the HARB (including any dissent) as to the appropriateness of the work proposed, especially as to whether it will preserve or diminish the historic aspect and nature of the district; and
(4) 
The specific counsel of the HARB as to the issuance of a Certificate of Appropriateness, including any conditions the HARB recommends.
B. 
Within 30 days of the occurrence of the final meeting upon an application for a Certificate of Appropriateness, the HARB shall recommend to the Board of Supervisors the approval or denial of a Certificate of Appropriateness.
(1) 
In the case of recommendation for approval for the issuance of a Certificate of Appropriateness, the HARB shall transmit a report to the Board of Supervisors stating the basis upon which such recommendation was made.
(2) 
In the case of recommendation for disapproval for the issuance of a Certificate of Appropriateness:
(a) 
The HARB shall transmit to the Board of Supervisors a report stating the reasons therefor;
(b) 
The HARB shall indicate what changes in the Plans and specifications would meet its conditions for protecting the distinctive historical character of the Historic District; and
(c) 
The HARB may provide verbal advice and illustrative drawing(s) to the Applicant and make recommendations with regard to appropriateness of design, arrangement, texture, material, color and the like of the property involved.
(d) 
If an Applicant intends to refile a complete set of revised Plans to remedy the defects that led to the recommendation for denial, a new application for a Certificate of Appropriateness shall be submitted.
(e) 
Despite HARB's recommendation for denial, the Applicant may present the application for a Certificate of Appropriateness before the Board of Supervisors. In such case, the Applicant shall submit a written request to the Township within 10 days of the date of the written report recommending denial.
(3) 
If the HARB fails to transmit such report within 30 days after the occurrence of the final meeting concerning a Certificate of Appropriateness application, the application shall be sent without recommendation, except when the Applicant has agreed to an extension of the time limit.

§ 135-150 Actions by the Board of Supervisors.

A. 
Subsequent to receipt of the written report from the HARB as provided in § 135-149, the Board of Supervisors shall consider whether to issue a Certificate of Appropriateness authorizing a permit for work covered by the application. Written notice shall be provided to the Applicant at least 10 days prior to the public meeting of the Board of Supervisors at which the application shall be considered, advising the Applicant of the time and place of the public meeting. The Applicant shall have the right to attend this meeting and be heard as to the reasons for filing the application.
B. 
In determining whether or not to certify to the appropriateness of the proposed Construction, Alteration, reconstruction, repair, restoration, rehabilitation, demolition or razing of all or a part of any Building within the Historic Districts, the Board of Supervisors shall consider the HARB' same factors as the HARB set forth in § 135-148 herein and its report (§ 135-149).
C. 
If the Board of Supervisors approves the application, it shall issue a Certificate of Appropriateness to the Applicant within 10 days of the public meeting at which the application was Approved authorizing the review of permit applications for the work covered by the application.
D. 
If the Board of Supervisors denies the application:
(1) 
It shall do so in writing within 45 days of the public meeting at which the application was denied;
(2) 
The written denial shall be provided to the Applicant setting forth the reasons for the denial;
(3) 
The written denial shall indicate changes in the Applicant's plans that are necessary to meet its conditions for protecting the distinctive historical character of the Historic District to justify the issuance of a Certificate of Appropriateness. The Board of Supervisors may provide verbal advice and illustrative drawing(s) to the Applicant and make recommendations with regard to appropriateness of design, arrangement, texture, material, color and the like of the property involved;
(4) 
Upon receipt of a written disapproval by the Board of Supervisors, the Township shall disapprove the application for a permit and so advise the Applicant, A copy of the written denial shall be given to the Pennsylvania Historical and Museum Commission.
(5) 
If an Applicant intends to refile a complete set of revised Plans to remedy the defects that led to the denial, a new application for a Certificate of Appropriateness shall be submitted.
E. 
In either case, the Board of Supervisors shall notify the Applicant within 10 days of its meeting at which the application was considered, unless mutually agreed otherwise.
F. 
Any Person aggrieved by failure of the Board of Supervisors to issue a Certificate of Appropriateness may appeal the denial to the Court of Common Pleas of Delaware County with 30 days of the denial.

§ 135-151 Economic hardship.

A. 
Economic Hardship claims may only be made following the final action of the Board of Supervisors on a Certificate of Appropriateness application.
B. 
If, following the denial of a Certificate of Appropriateness by the Board of Supervisors, the Applicant believes they will suffer Economic Hardship, they may submit by affidavit to HARB information that shall include but not be limited to the following:
(1) 
Date the property was acquired by its current Owner;
(2) 
Price paid for the property (if acquired by purchase) and the relationship (if any) between the buyer and the seller of the property;
(3) 
Mortgage history of the property, including current mortgage;
(4) 
Current market value of the property;
(5) 
Equity in the property;
(6) 
Past and current income and expense statements for a two-year period;
(7) 
Past capital expenditures during the ownership of current Owner;
(8) 
Appraisal of the property obtained within the previous two years;
(9) 
Income and property tax factors affecting the property, as specified by the Township Solicitor; and
(10) 
The HARB may require that an Applicant furnish additional information relevant to its determination of Economic Hardship and may receive and consider studies and economic analyses from other sources relevant to the property in question.
C. 
HARB shall consider the claim of Economic Hardship at a regular or special meeting, and shall determine, based on the evidence provided by the Applicant and relevant testimony, whether the denial of the Certificate of Appropriateness has resulted in Economic Hardship as defined in this chapter. The HARB may also consider whether there are financial or tax incentives available for the property that would alleviate the hardship.
D. 
The HARB may choose to recommend to the Board of Supervisors that special economic incentives be developed to assist the Owner of the resource in maintaining it and obtaining a suitable economic return or achieving a reasonable beneficial use. The HARB is authorized to seek the assistance of appropriate local, statewide and/or national preservation organizations in developing solutions that would relieve the Owner's Economic Hardship. If HARB chooses to explore such options, HARB may delay issuing their recommendation to the Board of Supervisors regarding the Certificate of Appropriateness on the basis of Economic Hardship for a period of 90 days in addition to the time periods otherwise applicable.
E. 
The HARB shall, by motion, determine whether Economic Hardship exists, and shall transmit its recommendation along with supporting evidence and rationale to the Board of Supervisors. The Board of Supervisors shall consider the HARB's recommendation and determine whether to issue the Certificate of Appropriateness for reasons of Economic Hardship.

§ 135-152 Permitted and prohibited uses.

A. 
The regulations of the underlying zoning districts shall apply, except when such regulations conflict with the provisions of this article, in which case the requirements of this article supersede the requirements of the underlying zoning district(s).
B. 
Restaurants with drive-through service are prohibited.

§ 135-153 Area, bulk and height regulations.

The applicable area, bulk and height regulations of the underlying zoning districts shall apply.

§ 135-154 Special design and development regulations.

A. 
Landscaping. All landscaping shall be in accordance with Article XXV of this chapter, and the following: A twenty-five-foot-deep Landscaped Area shall be created along the Frontage of all properties in the Historic Overlay District.
B. 
Lighting. All lighting shall be in accordance with Chapter 110, Subdivision and Land Development, and the following:
(1) 
All lighting shall be arranged to prevent off-site glare; shall not illuminate areas beyond the Property Line on which it is located; and shall not be visible beyond the boundaries of the property in order to minimize disturbance to motorists and pedestrians.
(2) 
Light standards and fixtures shall be in keeping with the character of the Historic Overlay District. Application for the erection, Construction, reconstruction, restoration, rehabilitation, repair or razing of light standards and fixtures in an Historic District shall follow the procedures set forth in § 135-14.