Manheim City Zoning Code
ARTICLE II
Zone Regulations
§ 220-13 Residential Zone (R-1).
A.
Purpose. This zone accommodates the newer neighborhoods that have developed along the periphery of the Borough. These neighborhoods are generally characterized by single-family detached dwellings at just under four units per acre; this zone continues that trend. In addition, several limited nonresidential activities have been allowed because of their complementary character; however, they are subject to strict controls to protect the residential integrity of this zone.
B.
Permitted uses.
(1)
Agricultural, horticultural and forestry uses, subject to the requirements of § 220-40 of this chapter.
(2)
Single-family detached dwellings.
(3)
Public and nonprofit parks and playgrounds.
(4)
Public uses and public utilities structures.
(5)
Accessory uses customarily incidental to the above permitted uses, provided that no detached accessory building shall contain more than 1,000 square feet unless a special exception is granted as provided by Subsection C(1); and further provided that no more than one accessory building, by use type (i.e., shed, garage, pool, etc.), per principal building shall be permitted; however, agricultural uses are exempt from the restrictions imposed by this provision.
(6)
No-impact home-based business.
E.
Minimum lot area requirements. Unless otherwise noted, all uses within this zone shall contain a minimum of seven 7,000 square feet.
F.
Minimum lot width: 70 feet at the building setback line; 70 feet at the lot frontage.
G.
Minimum setback requirements.
I.
Maximum lot coverage: 50%.
§ 220-14 Residential Zone (R-2).
A.
Purpose. This zone acknowledges existing developed neighborhoods within the Borough that are characterized by detached dwellings upon deep and narrow lots. This zone will seek to protect these areas from the influence of conversion apartments and other nonresidential land uses.
B.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Duplexes.
(3)
Public and nonprofit parks and playgrounds.
(4)
Public uses and public utilities structures.
(5)
Accessory uses customarily incidental to the above permitted uses, provided that no detached accessory building shall contain more than 680 square feet, unless a special exception is granted as provided by Subsection C(1); further provided that no more than one accessory building, by use type (i.e., shed, garage, pool, etc.), per principal building shall be permitted.
(6)
No-impact home-based business.
D.
Minimum lot area requirements. Unless otherwise noted, all uses within this zone shall contain a minimum of 6,000 square feet.
E.
Minimum lot width: 40 feet at the building setback line; 40 feet at the lot frontage.
H.
Maximum lot coverage: 60%.
§ 220-15 Residential Zone (R-3).
A.
Purpose and intent. This zone acknowledges the diverse character of the Borough's older neighborhoods. These areas are characterized by a variety of lot sizes and shapes, as well as residential unit types. This zone establishes lot design requirements based upon the type of unit constructed. In addition, one conversion apartment will be permitted by special exception in existing single-family detached dwellings. Finally, several nonresidential uses have been permitted to serve nearby residents but will be subject to review under the special exception process.
B.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Duplexes.
(3)
Townhouses.
(4)
Public and nonprofit parks and playgrounds.
(5)
Public uses and utilities.
(6)
Accessory uses customarily incidental to the above permitted uses, provided that no detached accessory building shall contain more than 680 square feet, unless a special exception is granted as provided by Subsection C(1); further provided that no more than one accessory building, by use type (i.e., shed, garage, pool, etc.), per principal building shall be permitted.
(7)
No-impact home-based business.
C.
Special exception uses.
D.
Design standards. See table below:
Building Type | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | Maximum Lot Coverage (percent) | Minimum Setbacks | Maximum Height (feet) | ||
|---|---|---|---|---|---|---|---|
Front | Side, Each (feet) | Rear (feet) | |||||
Single-family | 6,000 | 40 per lot2 | 65% | See § 220-26 | 5 | 15 | 35 |
Duplexes/townhouses | 4,000 | 30 per lot2 | 65% | See § 220-26 | 5 (one side) | 15 | 35 |
Other uses | 7,250 | 40 | 65% | See § 220-26 | 5 | 15 | 35 |
Accessory uses | N/A | N/A | N/A | Not permitted | 5 | 5 | 15 for structures with a flat roof and 20 for structures with a peaked roof |
NOTES: | |
|---|---|
1 | Minimum lot width shall be measured at the building setback line; in no event shall a lot's width, as measured along its frontage, be less than 70% of that required at the building setback line. Lot widths required at the frontage shall be measured along a line paralleling the street line even if it is curvilinear. |
§ 220-16 Residential Zone (R-4).
A.
Purpose. This zone accommodates the higher-density residences within the Borough. A wide range of dwelling unit types are permitted with densities exceeding those permitted elsewhere within the Borough. This zone also encourages the use of innovative housing types and site planning methods through its flexible design standards.
B.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Duplexes.
(3)
Townhouses.
(4)
Multiple-family dwellings.
(5)
Public and nonprofit parks and playgrounds.
(6)
Public uses and public utilities structures.
(7)
Accessory uses customarily incidental to the above-permitted uses, provided that no detached accessory building shall contain more than 680 square feet, unless a special exception is granted as provided by Subsection C(1); further provided that no more than one accessory building, by use type (i.e., shed, garage, pool, etc.), per principal building shall be permitted.
(8)
No-impact home-based business.
D.
Design standards. See table below:
Use | Minimum Lot Area (square feet) | Minimum Lot Width1 (feet) | Maximum Lot Coverage (percent) | Minimum Setbacks | |||
|---|---|---|---|---|---|---|---|
Front | One Side (feet) | (Both Sides) (feet) | Rear (feet) | ||||
Single-family | 5,000 | 30 | 65% | See 220-26 | 64 | (12) | 20 |
Duplexes | 3,000 | 30 | 65% | See 220-26 | 10 | N/A | 20 |
Townhouses2 | 1,800 | 18 | 70% | See 220-26 | 15 | (End Units) | 20 |
Multiple-family3 | 43,560 | 150 | 65% | See 220-26 | 30 | (60) | 25 |
Other uses | 10,000 | 80 | 50% | See 220-26 | 20 | (40) | 25 |
Accessory uses | N/A | N/A | N/A | Not Permitted | 5 | (10) | 5 |
NOTES: | ||
|---|---|---|
1 | Minimum lot width shall be measured at the building setback line; in no case shall a lot's width, as measured along its frontage, be less than 70% of that required at the building setback line. Lot widths required at the frontage shall be measured along a line paralleling the street line even if it is curvilinear. | |
2 | No townhouse grouping shall contain more than eight units. For each townhouse grouping containing more than four units, no more than 60% of such units shall have the same front setback; the minimum variation of setback shall be two feet. All townhouse buildings shall be set back a minimum of 15 feet from any parking facilities contained on commonly held lands. In those instances where several townhouse groupings are contained upon the same lot, the standards listed in the following footnote 3 shall apply. | |
3 | In those instances where several multiple-family dwelling buildings and/or townhouse groupings are located on the same lot, the following separation distances will be provided between each building: | |
A | Front to front, rear to rear, or front to rear, parallel buildings shall have at least 50 feet between faces of the building. | |
B | A minimum separation of 30 feet is required between end walls of buildings. | |
C | A minimum separation of 30 feet is required between end walls and front or rear faces of buildings. | |
D | No more than 16 units per multiple-family building shall be permitted. No more than eight units per townhouse grouping shall be permitted. | |
E | No more than 10 multiple-family dwelling units per acre shall be permitted. | |
4 | Within the R-4 Zone, single-family detached dwellings may employ a zero-lot-line design when the following conditions have been satisfied: | |
A | Minimum lot width shall be 30 feet building setback and the lot frontage. | |
B | One side wall of the structure may be located no less than one inch from one of the side lot lines when adjoining another zero-lot-line dwelling lot. The opposite side yard shall be at least 10 feet wide. | |
C | A perpetual six-foot wall-maintenance easement shall be provided on the lot adjacent to the zero-lot-line, which, with the exception of freestanding walls and/or fences, shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the property. The wall shall be maintained in its original color and treatment, unless otherwise agreed to in writing by the two affected lot owners. | |
D | Roof overhangs may penetrate the easement on the adjacent lot a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling place on the lot line is limited to the easement area. | |
E | The wall of a dwelling located along the zero-lot-line shall have no openings (e.g., windows, doors, air-conditioning units, vents, etc.), unless such openings are located at least eight feet above grade and have translucent panels. | |
F | No zero-lot-line shall abut a conventional single-family detached dwelling. | |
§ 220-17 Conversion Office and Apartment Zone (COA).
A.
Purpose. The purpose of this zone is to permit the conversion and/or adaptive reuse of residences that are largely impacted by adjoining Main Street. Because of the traffic impacts associated with Main Street, these areas have not been demanded for single-family detached dwellings; however, the presence of such structures offers an opportunity for conversions. Based upon local goals to preserve the Borough's character, incentives are provided to encourage the conversion of existing buildings instead of demolition and their replacement with newer ones.
B.
Permitted uses.
(1)
Single-family detached dwellings.
(2)
Duplexes.
(3)
Townhouses.
(4)
Public and nonprofit parks and playgrounds.
(5)
Public uses and/or public utilities structures.
(6)
Accessory uses customarily incidental to the above permitted uses, provided that no detached accessory building shall contain more than 680 square feet, unless a special exception is granted as provided by Subsection C(1); further provided that no more than one accessory building, by use type (i.e., shed, garage, pool, etc.), per principal building shall be permitted.
(7)
No-impact home-based business.
C.
Special exception uses. Any of the following uses that are principal uses, as defined herein, shall only be permitted within a building that existed on the effective date of this chapter. (Subject to the requirements of § 220-107C of this chapter.)
D.
Number of uses permitted. Any number of the uses allowed in this zone are permitted within each existing building, provided the building size and floor area remain the same as it was on the effective date of this chapter. For new buildings, only one principal use is permitted. For existing buildings that are enlarged, the number of uses permitted per building shall be the same number (at least one) that occupied the building on the effective date of this chapter.
E.
Design standards. See table below:
Minimum Lot Area (square feet) | Maximum Density (units/net acres) | Minimum Lot Width1 (feet) | Maximum Lot Coverage (percent) | Minimum Setbacks | ||||
|---|---|---|---|---|---|---|---|---|
Front | One Side (feet) | Both Sides (feet) | Rear (feet) | |||||
Single-family | 5,000 | 5.80 | 30 | 45% | See § 220-26 | 10 | 20 | 25 |
Duplexes | 4,500 | 7.26 | 30 | 50% | See § 220-26 | 10 | N/A | 25 |
Townhouses2 | 2,000 | 10.00 | 20 | 60% | See § 220-26 | 15 | End units | 25 |
Other uses | 7,250 | N/A | 50 | 50% | See § 220-26 | 20 | 40 | 25 |
Accessory uses | N/A | N/A | N/A | N/A | Not permitted | 5 | 10 | 5 |
NOTES: | |
|---|---|
1 | Minimum lot width shall be measured at the building setback line; in no case shall a lot's width, as measured along its frontage, be less than 70% of that required at the building setback line. Lot widths required at the frontage shall be measured along a line paralleling the street line even if it is curvilinear. |
2 | No townhouse grouping shall contain more than eight units. |
§ 220-18 Central Business District (CBD).
A.
Purpose. The purpose of this zone is to provide basic convenience commercial goods and services to local residents who live in the Borough. Uses have been limited to those residents that are likely to need on a daily or regular basis. Overall, retail size has been restricted to prevent the establishment of intensive commercial uses that exceed the local pedestrian orientation of this zone and to encourage the adaptive reuse of converted historic dwellings rather than the construction of new commercial buildings. Requirements have been imposed to preserve the "small-town" character of this area and reflect the tightly knit land use pattern that exists within the Borough. Limited exterior activities have been allowed to contribute to the vitality and diversity of this area.
B.
Permitted uses.
(1)
Single-family detached dwellings and duplexes, subject to the requirements listed in § 220-17 of this chapter.
(2)
Public and nonprofit parks and playgrounds.
(3)
Public uses and public utilities structures.
(4)
Banks and similar financial institutions.
(5)
Medical or dental clinics.
(6)
Offices.
(7)
Private and commercial schools.
(8)
Restaurants (but not including drive-through or fast-food restaurants).
(9)
Retail sale, service and/or rental of goods (except adult-related uses, as defined herein),
(10)
Retail services, including barber/beauty salons; tailors and shoe repair; tanning salons and fitness, dance or karate centers.
(11)
Art or antique shops, museums and libraries.
(12)
Delicatessens, bakers and caterers.
(13)
Nursing, rest or retirement homes.
(14)
No-impact home-based business.
(16)
Event spaces.
(17)
Taverns.
(18)
Dry cleaners, laundries and laundromats.
D.
Minimum lot area. Unless otherwise specified, there shall be no minimum lot area requirements in this zone.
E.
Number of uses permitted. Any number of the uses allowed in this zone is permitted within a building.
F.
Minimum lot width: 45 feet.
G.
Minimum setback requirements. No required front, side or rear setbacks apply, except where the use adjoins a residential zone. In such instances, all buildings and structures shall be set back at least 10 feet from the residentially zoned parcel. Similarly, off-street parking and/or loading facilities shall be set back at least five feet from any adjoining residentially zoned property and shall include screening, as defined herein.
H.
Maximum permitted height: 35 feet.
I.
Maximum lot coverage: 90%.
J.
Outdoor storage and display. No outdoor storage is permitted; however, outdoor displays for retail merchandise shall be permitted for use in the front or side yards or sidewalk area. Outdoor displays may include tables, clothing or other display racks, bins, and sandwich signboards that meet the regulations of § 220-35 of this chapter. Outdoor displays shall be located such that there is clear sidewalk area of at least four feet in width for pedestrians to pass by. Outdoor displays shall not exceed an overall length of 15 feet nor an overall height of six feet. Outdoor displays shall only be exhibited during the use's business hours.
K.
Off-street parking and loading.
(1)
No off-street parking spaces are required for nonresidential uses within the CBD Zone. Where off-street parking is provided, however, it shall meet all applicable provisions of this subsection. Required off-street loading spaces shall be determined by § 220-33K of this chapter. Such off-street parking and loading areas shall be located behind any commercial building in the rear yard. Off-street parking and loading space areas may be provided on an integrated basis so that adjoining uses are physically interconnected and share available parking and loading spaces. Vehicular access to such areas shall be via common access drives. Cross-access easements to ensure such integration shall be required in language acceptable to the Borough's Solicitor. For the purposes of this section, the schedule of required parking spaces listed in § 220-32S and the reduction of required parking spaces provided for by § 220-32Q shall not apply. However, all other design standards shall be enforceable.
(2)
In addition to the above-described off-street parking, on-street parking shall be provided where permitted as parallel or angled parking along any side of the street upon which commercial uses front.
L.
Landscaping. Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 220-34.)
M.
Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads and/or properties. All dumpsters shall be set back a minimum of 10 feet from any adjoining residentially zoned properties.
N.
All uses permitted within this zone shall also comply with the applicable general provisions in Article III of this chapter.
O.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
§ 220-19 Highway Commercial Zone (C-1).
A.
Purpose. This zone provides suitable locations for larger-scale and/or highway-oriented retail, service and entertainment businesses. The uses typically involve outdoor activities and/or storage areas like automobile, boat and trailer sales and service establishments. The uses provided in this zone are meant to serve local residents as well as those motorists passing through the Borough. Access to these areas is provided by adjoining major roads. Specific setbacks are imposed upon outdoor storage areas to protect adjoining properties.
B.
Permitted uses.
(1)
Offices.
(2)
Banks and similar financial institutions.
(3)
Restaurants (but not including drive-through or fast-food restaurants and nightclubs).
(4)
Retail sale of goods and services (including auto parts stores, without installation, but excluding adult-related uses).
(5)
Hotels, motels and similar lodging facilities.
(6)
Automobile, boat, farm machinery and trailer sales (including service or repair facilities as an accessory use if conducted within a wholly enclosed building).
(7)
Theaters and auditoriums.
(8)
Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, flooring, glass and windows, insulation, carpentry and cabinetmaking and other structural components of buildings.
(9)
Public uses and utilities.
(10)
Public, private and commercial schools (excluding vocational and mechanical trade schools).
(11)
Dry cleaners, laundries and laundromats.
(12)
Churches and related uses.
(13)
Medical, dental or veterinary clinics.
(14)
Indoor movie theaters or bowling alleys.
(15)
Private clubhouses.
(16)
Tattoo parlor.
(17)
Accessory uses customarily incidental to the above permitted uses.
(19)
Event spaces.
C.
Special exception uses. (Subject to the requirements presented in § 220-107C of this chapter.)
E.
Lot area, lot width, and lot coverage requirements. See the following table:
Minimum Lot Area (square feet) | Minimum Lot Width (feet) | Maximum Lot Coverage |
|---|---|---|
1,500 | 100 | 70% |
F.
Minimum setback requirements (principal and accessory uses).
(1)
Front setback. All buildings, structures (except permitted signs), and outdoor loading areas shall be set back at least 20 feet from the street right-of-way; off-street parking lots and outdoor storage areas shall be set back a minimum of 10 feet from the street right-of-way.
(2)
Side setback. All buildings and structures (except permitted signs) shall be set back at least 15 feet from the side lot lines. Off-street parking lots, loading areas and outdoor storage areas shall be set back at least five feet from the side lot lines, unless joint parking facilities are shared by adjoining uses. In such instances, one of the side setbacks can be waived solely for parking and/or loading facilities.
(3)
Rear setback. All buildings, structures, off-street parking lots, loading areas and outdoor storage areas shall be set back at least 20 feet from the rear lot line.
(4)
Residential buffer strip. Any lot adjoining land within a residential zone shall maintain a fifty-foot setback for nonresidential buildings, structures, off-street parking lots, loading areas and outdoor storage areas from the residentially zoned parcels. Such areas shall be used for a landscape strip and screen, as regulated in § 220-34 of this chapter.
G.
Maximum permitted height: 35 feet.
H.
Outdoor storage. Within the C-1 Zone, outdoor storage is permitted (except as prohibited in Article IV), provided all outdoor storage areas are screened from adjoining roads and properties and they comply with all of those setbacks specifically imposed thereon, listed in this section. Outdoor sales areas need not be screened from adjoining roads.
I.
Off-street loading. Off-street loading shall be provided as specified in § 220-33 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone, nor any side of a building facing an adjoining street.
J.
Off-street parking. Off-street parking shall be provided as specified in § 220-32 of this chapter.
L.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed (see § 220-34 of this chapter).
M.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 220-34 of this chapter.)
(2)
A minimum fifteen-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
N.
Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 50 feet from any adjoining residentially zoned properties.
O.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
P.
Commercial operations standards. All commercial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
§ 220-20 Industrial Zone (I).
A.
Purpose. This zone provides for a wide range of industrial activities that contribute to the well-being of the Borough by diversifying its economy and providing valuable employment opportunities. The required lot sizes have been kept small to accommodate the start-up industries; however, larger and heavier industries have also been permitted. Essentially, this zone provides for smaller light industrial uses as permitted by right but requires obtainment of a conditional use for heavier and potentially more objectionable types of industrial uses. Design standards have been imposed to create attractive site designs and moderate the objectionable impacts associated with industrial uses. Substantial setbacks are used to protect adjoining residences.
B.
Permitted uses. Uses permitted within this zone include the following:
(1)
Laboratories for medical, scientific or industrial research and development.
(2)
Manufacturing, packaging, storage and/or wholesaling of the following:
(a)
Furniture, cabinets, fixtures, office supplies and other household appointments.
(b)
Scientific, specialized, and technical instruments and equipment.
(c)
Audiovisual components, computers, vending machines, electronic equipment and video games.
(d)
Finished textile products.
(e)
Brushes, brooms and combs.
(f)
Hot tubs, spas, saunas and swimming pools.
(g)
Jewelry and other precious metals.
(h)
Photographic, lighting and timekeeping equipment.
(i)
Small household appliances, excluding major appliances.
(j)
Musical instruments and sporting equipment.
(k)
Cosmetics, toiletries and pharmaceuticals.
(l)
Optical, dental and medical supplies and equipment.
(m)
Small or novelty products from prepared materials (excluding the use of sheet metals).
(n)
Products similar in nature to those listed above.
(5)
Bookbinding, printing and publishing.
(6)
Machine shop.
(7)
Repair shops for products permitted to be manufactured in this zone.
(8)
Small engine repair shops.
(9)
Welding shops.
(10)
Sign makers.
(11)
Offices.
(12)
Public buildings and public utilities.
(14)
Vocational and mechanical trade schools.
(15)
Home improvement stores.
(16)
Automobile repair, service and reconditioning operations, provided all such activities are conducted within a completely enclosed building.
(17)
Accessory uses customarily incidental to the above permitted uses.
(18)
Event spaces.
D.
Conditional uses. (See § 220-118.)
(1)
Heavy industrial uses involving processing, packaging, production, repair or testing of materials, goods and products, including those industries performing conversion, assembly or nontoxic chemical operations. (See § 220-63.)
E.
Lot area requirements. Unless otherwise specified, each use within this zone shall have a minimum lot size of 20,000 square feet.
F.
Minimum lot width: 100 feet.
G.
Minimum setback requirements (principal and accessory uses).
(1)
Front setback. All buildings, structures (except permitted signs), off-street loading areas, dumpsters and outdoor storage areas shall be set back at least 20 feet from the adjoining right-of-way. All parking lots shall be set back at least 10 feet from any adjoining right-of-way.
(2)
Side setbacks. All buildings, structures (except permitted signs), dumpsters, off-street loading areas, outdoor storage areas and off-street parking lots shall be set back at least 15 feet from any side lot lines unless joint parking lots and/or loading areas are shared by adjoining uses. In such instances, one of the side setbacks can be waived solely for parking and/or loading facilities.
(3)
Rear setback. All buildings, structures, dumpsters and off-street loading areas shall be set back at least 25 feet from any rear property lines. All outdoor storage areas and off-street parking lots shall be set back at least 25 feet from any rear lot lines.
(4)
Residential buffer strip.
(a)
Any use involving up to one acre of lot coverage and adjoining land within a residential zone, or across a road from land within a residential zone, shall maintain a thirty-foot setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading and parking areas from the residential zone. All of these setback areas shall be devoted to landscaping. (See § 220-34.)
(b)
Any use with lot coverage exceeding one acre, adjoining land within a residential zone or across a road from land within a residential zone, shall maintain a 100-foot setback for buildings, structures, dumpsters, outdoor storage areas, and off-street loading and parking areas from the residential zone. All of these setback areas shall be devoted to landscaping. (See § 220-34.)
(5)
Accessory recreation uses. These facilities can be developed in any side or rear yard to within 50 feet of any property line.
H.
Maximum permitted structural height. The height of any principal or accessory structure shall not exceed 35 feet. All structures (except permitted signs) shall be set back a distance at least equal to their height from all property lines.
I.
Maximum lot coverage: 75%.
J.
Outdoor storage. Within the I Zone outdoor storage is permitted, provided all outdoor storage areas are screened from adjoining roads and properties and they comply with all of those setbacks specifically imposed thereon, listed in this section.
K.
Off-street loading. Off-street loading shall be provided as specified in § 220-33 of this chapter. In addition, no off-street loading area shall be permitted on any side of a building facing adjoining lands within a residential zone nor any side of a building facing an adjoining street.
L.
Off-street parking. Off-street parking shall be provided as specified in § 220-32 of this chapter.
N.
Screening. A visual screen must be provided along any adjoining lands within a residential zone, regardless of whether or not the residentially zoned parcel is developed. (See § 220-34 of this chapter.)
O.
Landscaping.
(1)
Any portion of the site not used for buildings, structures, parking lots, loading areas, outdoor storage areas, and sidewalks shall be maintained with a vegetative ground cover and other ornamental plantings. (See § 220-34 of this chapter.)
(2)
A minimum twenty-foot-wide landscape strip shall be provided along all property lines. Such landscape strip can be waived for that portion of the site occupied by a joint parking lot and/or loading area shared by adjoining uses.
P.
Waste products. Dumpsters may be permitted within the side or rear yard, provided such dumpsters are screened from any adjoining roads or properties. All dumpsters shall be set back a minimum of 50 feet from any adjoining residentially zoned properties.
Q.
All uses permitted within this zone shall also comply with the general provisions in Article III of this chapter.
R.
Industrial operations standards. All industrial operations shall be in compliance with any Commonwealth of Pennsylvania and/or federal government regulations, as required by the most recent regulations made available from these governmental bodies.
§ 220-21 Planned Industrial/Corporate Center Zone (PC-1).
A.
Purpose. This zone is intended to provide for industrial redevelopment or reuse of vacant structures or underutilized industrial properties within the Borough. The goal of the PC-1 Zone is to seek redevelopment by way of the creation of low-impact industrial and/or corporate initiatives which would best complement a built community while seeking those uses which would provide employment opportunities to the citizens within the Manheim Central Region. These initiatives should include conversion of larger underutilized structures into incubator facilities designed to support small start-up industries and businesses as well as demolition of existing structures in order to make way for new industry. This zone shall permit retail operations only as accessory uses to on-site manufacturing operation(s). Warehouse operations shall be limited to those which support on-site operations or which are designed as warehouse and distribution centers for related uses, such as construction trade services. Businesses that provide support for the employees will also need to be provided for on a limited basis (i.e., restaurants, newsstand, coffee shop, etc.).
(1)
Additionally, this zone has been designed to incorporate a bulk of the properties formerly associated with Raybestos Manhattan, Inc./Raymark, Inc., including properties which were previously zoned R-1 and supported agricultural uses. Zoning regulations will continue to protect and provide expansion potential for existing established uses which will no longer be recognized as permitted uses. Under these regulations and laws, a nonconforming use may be permitted to expand by as much as 50% of its current area.
(2)
The minimum and maximum lot area requirements are not stated since it is the intent to permit a variety of industry sizes to cohabitate the zone. The controlling factors related to the creation of any subdivision or land development plan shall be the following:
(3)
Adaptive reuse of existing industrial uses noted to be Class I or Class II historic resources shall be permitted in accordance with the provisions of § 220-22M, Adaptive use regulations, of the Historic Preservation Overlay Zone. In addition, other conversion opportunities shall be permitted, under the special exception process, in order to take advantage of the unique challenges that the existing structures present.
(4)
Due to the proximity of the PC-1 Zone to the 100-year floodplain, construction of new structures will require that the buildings be elevated or floodproofed to minimize damage. It would also be desirable to create parks and/or walking paths throughout the zone to take advantage of the wetland areas and to provide a positive feature or use of areas where development may be limited or restricted by floodplain regulations. Otherwise, the properties should be developed to their maximum permitted potential, keeping in mind the Manheim Central Region's goal to provide a diversification of employment opportunities to offset job losses effected by the closing of Raymark, Inc., Universal Friction Composites, Inc., and Agway. Redevelopment designs will also need to address retrofitting of existing buildings to address flooding and ways to protect materials, equipment, furnishings, buildings and occupants as well as methods to reduce flooding and other stormwater problems through the reduction of existing impervious surfaces, the creation of flood buffers or relief channels, the planting of riparian buffers, etc. Specifically, park and recreational facilities shall be designed to inhabit those less desirable portions of the property where flooding, wetlands and stormwater issues exist.
B.
Permitted uses. (*Indicates term is defined in § 220-12 of this chapter.)
(1)
Bakery.
(2)
Commercial office incubator.
(3)
Computer industries.
(4)
Industrial incubator.
(5)
Machine shops.
(6)
Manufacturing.* (Restricted to those operations which do not generally create a nuisance, i.e., noise, dust, odor, smoke, fire, glare, etc.)
(7)
Medical and dental laboratories serving the medical and dental industries.
(8)
Offices.*
(9)
Public and nonprofit parks and playgrounds.*
(10)
Public uses and public utility structures.
(11)
Research and development laboratories.
(12)
Retail.* (Restricted to sales outlets which serve as an accessory use to an on-site principal manufacturing facility.)
(13)
Shops for contractors of plumbing, heating, air conditioning, electrical, roofing, siding, flooring, glass and windows, insulation, carpentry, cabinetmaking and other similar construction trade services.
(14)
Sign makers.
(15)
Telecommunications facilities except for wireless and cellular communications antennas and antenna support structures/towers and cellular sites, which are permitted by conditional use (see Subsection D).
(16)
Warehousing as an accessory use to an on-site permitted use.
(17)
Wetland mitigation facilities and other similar or related conservation uses.
(18)
Accessory uses customarily incidental to the above permitted uses, provided that no detached accessory buildings or structures shall be permitted except as may be required to enclose HVAC, mechanical, telephone, electrical or other similar equipment.
(19)
Event spaces.
(20)
Health and fitness club or karate studio.
C.
Special exception uses. (*Indicates term is defined in § 220-12 of this chapter.) In addition to the uses noted in Subsection B, the following uses shall be permitted within structures which exist on the effective date of this Article II, provided the application complies with specific criteria provided herein:
(1)
Architectural warehouse. (See § 220-22M(4)(b) for definition and criteria.)
(5)
Dance, performing arts and/or music studios. (See § 220-22M(4)(d).)
(6)
Industrial museum. (See § 220-22M(4)(g).)
D.
Conditional uses.
E.
Number of uses permitted. Any number of permitted uses listed under Subsection C may be established within any building which existed on the effective date of this chapter, provided the building size and floor area shall not be increased in any fashion, and provided the application meets the following design criteria, as noted herein, for off-street parking, off-street loading and unloading, outdoor storage and display, dumpster and recycling facilities, driveway and access drive requirements, and landscaping and commercial operation standards. Any number of permitted uses listed under Subsection B may be established within a new structure, provided the application meets all applicable design criteria as are provided within this chapter or the general provisions of Article III. For existing buildings that are enlarged, only one principal use shall be permitted. It shall be further understood that the application shall meet all provisions and conditions as they are found in the Manheim Borough Floodplain Ordinance, Ordinance No. 486, Chapter 124, as if they were incorporated herein.
F.
Lot area. Unless otherwise specified, there shall be no minimum lot area requirements in this zone. Each lot or lease area shall be of ample area to adequately provide for off-street parking, off-street loading and unloading facilities, driveway and access drives, dumpster and recycling facilities, landscape/buffer areas, minimum building setbacks and maximum lot coverage criteria and other related criteria as may be required by the provisions of this section.
G.
Minimum lot width. Unless otherwise specified, there shall be no minimum lot width requirement in this zone. However, each lot or lease area shall be of adequate width to provide for the infrastructure required by the provisions of this section.
H.
Minimum setback requirements.
(1)
The following design criteria shall apply to the development of previously undeveloped land within the PC-1 Zone:
(a)
The minimum building setback for principal structures shall be 20 feet from any front property line or public right-of-way.
(b)
The minimum building setback for principal structures shall be 15 feet from any side property or lease line.
(c)
The minimum building setback for principal structures shall be 35 feet from any rear property or lease line.
(d)
Macadam associated with off-street parking, loading and/or unloading areas shall be set back 10 feet from any front, side or rear property or lease line, except in those cases where the property or lease line is designed to be part of a joint parking lot, loading/unloading zone as described in Subsection P.
(2)
The following design criteria shall apply to redevelopment of existing developed tracts wherein buildings are to be demolished:
(a)
No structure shall be rebuilt or expanded to a point closer than 20 feet to a public right-of-way or front property line.
(b)
No structure shall be expanded or placed between existing structures which would reduce the clear area between buildings to less than 120 feet.
(c)
Macadam associated with off-street parking, loading/unloading areas shall be set back 10 feet from any front, side or rear property line, lease line or right-of-way, except in those cases where the property or lease line is designed to be part of a joint parking lot, loading/unloading zone as described in Subsection P.
(d)
All areas not required for off-street parking, drives, loading/unloading areas, dumpster and recycling facilities shall be converted into landscaping. For this purpose, the maximum lot coverage criteria shall be waived, provided that the post-development plan creates more pervious surface area than exists at the predevelopment stage.
(3)
Multiple principal structures on the same property shall be permitted, provided the following distances are maintained between the structures:
I.
Maximum permitted height. New structures shall not be constructed higher than three stories in height or a maximum of 42 feet above the average exterior grade elevation. (The average exterior grade elevation should be within four feet of the first-floor elevation, especially in 100-year floodplain areas.)
J.
Maximum lot coverage: 75%, for the development of previously undeveloped land. (See Subsection H(2)(d) with reference to redevelopment of existing developed tracts.)
K.
Outdoor storage and display. Exterior storage of materials or display of products shall be restricted to rear and side yard areas, provided the materials being stored or displayed are not visible from the property line; and further provided that the area is screened from all adjoining properties, roads, public walkways, bike paths and open space/park areas. Screening methods may be utilized to assure that materials will not be visible from the front property line. No outdoor storage or display area shall be placed within a floodway, within 30 feet of a road or residentially zoned property, or within 10 feet of a public walkway, bike path, open space/park area. Otherwise, the outdoor storage or display area shall not be less than 10 feet from any side or rear property line. Outdoor storage and/or display areas which are proposed to be located within the 100-year floodplain or on property which is found to be flood-prone shall be elevated so that the grade is no less than two feet higher than the base 100-year floodplain elevation.
L.
Dumpster and recycling facilities. Dumpster and/or recycling facilities shall be permitted to be created within the side or rear yard area, provided that the receptacles are screened from all adjoining properties, roads, public walkways, bike paths and open space/park areas. No dumpster or recycling facility shall be placed within a floodway or within 50 feet of a road, public walkway, bike path, open space/park area or any residentially zoned property. Otherwise the dumpster and/or recycling facility shall not be less than 25 feet from any side or rear property line. Dumpster and recycling facilities which are proposed to be placed within the 100-year floodplain or on property which is found to be flood-prone shall be elevated so that grade is no less than two feet higher than the base 100-year floodplain elevation.
N.
Off-street loading and unloading. Off-street loading and unloading shall be provided as specified in § 220-33 of this chapter. In addition, no off-street loading or unloading facility shall be created on the side of the building which faces an adjoining residentially zoned property or an adjoining street.
O.
Joint parking lots, loading and unloading zones. In the PC-1 Zone, the creation of joint off-street parking lots and loading and unloading zones (access drives, etc.) may be permitted. However, the location and configuration of the parking lots shall not require pedestrians to cross loading/unloading zones, driveways utilized by vehicles accessing loading/unloading zones or public rights-of-way which are between the parking lot and the building/structure which it is serving.
P.
Landscape buffers. Any and all portions of a site or leased area which is not developed for buildings, concrete walkways, dumpsters and recycling facilities, driveways or access drives, or which is not required for off-street parking, off-street loading or unloading areas, shall be planted with all-season ground cover which shall be approved by the Planning Commission, following submission of a detailed landscape plan, which shall list all materials incorporated in the design layout. Where they are consistent with the previous statement, the general provisions of § 220-34 shall also apply.
Q.
Operation standards. All commercial and industrial operations shall be created, maintained and operated in compliance with applicable federal, state, county and local regulations which may govern these types of operations.
§ 220-22 Historic Preservation Overlay Zone.
A.
Purpose. The Official Comprehensive Plan for the Manheim Central Region, adopted by the Borough in March 1993, references a desire by local officials and citizens to protect the historic and cultural resources within the Borough. Goals enumerated in Chapter II, Community Planning Goals, Section A, "Land Use," speak directly to this issue, as follows: "Prevent the demolition, clearing and redevelopment of older buildings and neighborhoods," "promote commercial offices through the adaptive use and conversion of older structures" and "encourage a revitalized streetscape with tree plantings, storefront canopies, facade restorations, pedestrian benches and underground power lines." Within Chapter III, Section F, "Cultural Features," the following statement is found: "The Manheim Central Region, like much of southeastern Pennsylvania, is fortunate to possess a rich cultural heritage. Today, this heritage is apparent from the many older individual buildings, structures and related settlements that are scattered throughout the region. Local officials and residents recognize the value in conservation and rehabilitation, plus restoration or adaptive reuse of these historic features as a means of providing a glimpse into the region's important past. Additionally, historic preservation can provide educational opportunities regarding historic lifestyles and architectural styles. Well-maintained historic sites and areas can create a sense of unique identity that stimulates civic pride and economic vitality and can become a basis of tourism." Chapter XI, "Implementation," provides specific recommendations which the Borough deemed to be necessary as an action plan to guide future growth and development. Item 6 within said chapter provides that the Borough should "create a historical district and an architectural review board." It is the intent that the Historic Preservation Overlay Zone be established in accordance with the direction provided within the Comprehensive Plan, as authorized by the Pennsylvania Municipalities Planning Code. (See Subsection B, Establishment.) It is further intended that the Historic Preservation Overlay Zone shall be structured to implement the following goals and objectives:
(1)
Promote retention of the character of the Borough through preservation of the local heritage by recognition and protection of its historical, architectural and cultural resources.
(2)
Awaken an interest in the Borough's unique historic past.
(3)
Establish a clear process by which proposed changes affecting historic resources are reviewed.
(4)
Mitigate negative impacts that proposed changes may have on historic resources.
(5)
Encourage preservation of historic settings and landscapes.
(6)
Encourage continued use and facilitate approvals for appropriate adaptive uses of historic resources.
(7)
Discourage demolition of historic resources.
(8)
Utilize benefits of historic preservation as a tool for economic revitalization and tourism to promote the general welfare, education and culture of the Borough.
B.
Establishment. This Historic Preservation Overlay Zone is established in accordance with provisions of the Pennsylvania Municipalities Planning Code (MPC), Act 247, as amended and re-enacted,[1] and, in particular, the following sections of the MPC: Section 603(a) which states that zoning ordinances should reflect the policy goals of the statement of community development objectives and give consideration to the character of the municipality, the needs of the citizens and the suitability and special nature of particular parts of the municipality. Section 603(b)(2) states that zoning ordinances may permit, prohibit, regulate, restrict and determine the size, height, bulk, location, erection, construction, repair, maintenance, alteration, razing, removal and use of structures; and Section 603(b)(3) states that zoning ordinances may permit, prohibit, regulate, restrict and determine areas and dimensions of land to be occupied by uses and structures as well as areas, courts, yards and other open spaces and distances to be left unoccupied by uses and structures. Additionally, establishment of this overlay zone shall serve to implement specific provisions of the MPC, such as Section 604(1), which states that zoning ordinances shall be designed to promote, protect and facilitate any or all of the following: the public health, safety, morals and the general welfare, coordinated and practical community development and proper density of population, access to vehicle parking and loading space, recreational facilities, as well as preservation of the natural scenic and historical values in the environment, and Section 605(2)(vi), which permits additional classifications within zoning districts for the regulation, restriction or prohibition of uses and structures at, along or near "places having unique historical, architectural or patriotic interest or value."
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C.
Boundaries. The Historic Preservation Overlay Zone shall conform with the boundaries of the Borough and the provisions of this Article II. Criteria provided within this Article II shall be imposed in addition to the requirements of the underlying zoning district(s) and shall supersede the applicable requirements of the underlying zoning district to the extent that those provisions are inconsistent with the provisions of this Article II.
D.
General provisions.
(1)
Identification. All historic resources in the Borough shall be identified and categorized by the Manheim Borough Historic Commission ("Historic Commission"). Historic resources include any structure, building, architectural ruin, archeological site, cemetery or object 50 or more years old. An official inventory and map of all historic resources shall be prepared and maintained in accordance with the provisions of Subsection F of this section.
(2)
Compliance. Property owners desiring to change any historic resource listed or designated on the official inventory and map shall do so only in compliance with the terms of this section and other applicable regulations.
(3)
Covenants and restrictions. It is not the intent of this section to repeal, impair or abrogate any existing easements, covenants or deed restrictions. However, where this section imposes greater restriction, these provisions shall prevail.
E. ADAPTIVE USE AMENITY ARCHITECT ARCHITECTURE BACKGROUND OR CONTRIBUTING BUILDING CULTURAL RESOURCE EASEMENTS HUMAN SCALE LANDSCAPE LETTER OF APPROPRIATENESS MAINTENANCE PROGRAM MASSING MIXED USE MUSEUMS(1) (2) (3) NEIGHBORHOOD PRESERVATION PROPORTION RECONSTRUCTION REHABILITATION RENOVATION RESTORATION SENSE OF PLACE STABILIZATION STREETSCAPE STYLE TOWNSCAPE VERNACULAR BUILDINGS
Definitions. Words, terms and phrases are presumed to be used in their ordinary context unless otherwise defined in § 220-12 or this section:
The process of converting a conforming use of a building to a use which is not presently permitted within the respective zoning district (i.e., conversion of a dwelling in a residential zone to a commercial use), subject to approval by the Zoning Hearing Board. Such conversions would be accomplished with varying alterations to the interior of the building with the intention of providing an income source for funding exterior preservation, rehabilitation or restoration efforts.
A building, structure, area or landscape feature that contributes to the aesthetic fiber of the neighborhood, rather than one that is purely utilitarian.
A professional registered in the Commonwealth of Pennsylvania to practice architecture, who is retained for the purpose of developing building plans (site plan, foundation plan, floor plans, elevations, section, details, etc.) and specifications to be used in building construction. Services may include supervision of the construction of the building designed.
In addition to the profession of designing buildings, this term also refers to particular periods, styles and construction methods (i.e., victorian, gothic, provincial, etc.).
Buildings or structures that may lack exemplary character or significance but are nonetheless essential to the character of the neighborhood, district or community and contribute to maintaining a sense of place.
A building, structure, district, site, object or document that is of significance to American, Pennsylvanian, Lancaster County or Manheim Borough history, architecture, archeology or culture.
A less-than-fee interest in real property which runs with the land and is carried as a deed restriction or covenant to protect important open space, utilities, access, buildings, facades or interiors.
A combination of qualities in architecture, streetscape or the landscape that provide an appropriate relationship to human size, enhancing rather than diminishing the importance of people.
The totality of built or human-influenced habitat experienced at any place. Dominant features are topography, plant cover, buildings or other structures and their patterns.
A document provided by the Historic Commission, stating support of an applicant's specific project, following a determination of the proposal's suitability in accordance with applicable criteria.
Specific methods, procedures and schedules to maintain and repair a building or structure.
Composition of a building's volumes and surfaces that contribute to its appearance (e.g., many classical-style buildings have a central mass or pavilion flanked by subordinate masses or wings).
A variety of authorized activities in a building or neighborhood, as distinguished from the isolated uses and planned separatism prescribed by many zoning ordinances.
The following specific types shall be considered in addition to those normally associated with the term "museum":
HOUSEA dwelling whose structure itself is of historic, architectural or cultural significance and whose interpretation relates primarily to the building's architecture, furnishings and history.
INDUSTRIALA former industrial or commercial structure of historic, architectural or cultural significance and whose interpretation relates primarily to the building's architecture, furnishings and history as well as similar information related to other industrial or commercial uses significant to the Borough.
OUTDOORA restored or re-created site on which several buildings or structures have been restored, rebuilt or otherwise established for the purpose of interpreting a historical or cultural setting, period or activity.
An area generally associated with the block in which an historic resource is located. For the purpose of this section, the neighborhood shall include all structures located on properties which are within 300 feet of the subject property (measured from property line to property line), regardless of the distance between the historic resource and the other structure. Furthermore, it shall be understood that the neighborhood includes those structures which are oriented to the same street, including those structures on the opposite side of the street.
The act or process of saving old and/or historic buildings, structures, sites and objects from destruction or deterioration and providing for their continued use by means of restoration, rehabilitation or adaptive use. The process may include stabilization, where necessary, as well as ongoing maintenance of historic building materials.
The relative size of two or more dimensions of a building.
The act or process of reproducing, through new construction, the exact form or detail of a vanished building, structure, object, feature or a part thereof as it appeared at a specific period of time.
The act or process of returning a property, building or structure to a state of utility through repair or alteration which makes possible establishment of an efficient contemporary permitted use while preserving those portions of the property, building or structure which are significant to its historic, architectural or cultural value.
Modernization of an old or historic building, structure or object that may produce inappropriate alterations or eliminate important features and details.
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the replacement of missing earlier architectural features and details.
A collection of attributes found within a neighborhood, property, district or community that gives it unique and distinctive character.
The act or process of implementing construction measures designed to reestablish a weather-resistant enclosure or to structurally stabilize an unsafe or deteriorated premises while maintaining the essential form of the building or structural.
The distinguished character of a particular street created by its width, degree of curvature, paving material, design and placement of landscape features and street furniture (i.e., planter boxes, street lamps, waste bins, benches, etc.), and the human scale, massing, proportions and style of the surrounding buildings and structures.
A type of architecture distinguished by special characteristics of the structure and ornamentation, often related to a particular time in history.
The relationship of buildings, structures, shapes, spaces and textures that give a borough its distinctive visual character or image.
Buildings designed and built without the aid of an architect or trained designer, wherein the design is based on ethnic, social or cultural traditions rather than on an architectural philosophy.
F.
Historic Resource Inventory and Map.
(1)
The Historic Resource Inventory shall identify every historic resource by:
G.
Historic resource classifications. For the purpose of this section, all properties within the boundaries of the Historic Preservation Overlay Zone shall receive a historic resource classification in accordance with the following:
(1)
Class I properties will include two levels of significance:
(a)
Level 1: Exceptional. Examples of the highest quality architectural design and/or historical importance. Of county-wide, regional, state or national significance. To be preserved and protected at all costs.
(b)
Level 2: Significant. Examples of high style regional architecture and/or structures of particular historical importance to Lancaster County. Of principally local, county-wide or regional significance. To be preserved and protected. Historic resource determined to be of local significance.
(2)
Class II properties will include two levels of significance:
(a)
Level 3: Contributory. Sites of good architectural quality, vernacular structures, or those of less sophistication than "significant." Preservation of these structures is encouraged.
(b)
Level 4: Altered. Sites whose historical or architectural value has been compromised by later, non-historic alterations. Restoration to original or historic appearance is encouraged.
(3)
Class III properties include: other resources (i.e., modern, post-1960, noncontributing, intrusive, vacant, etc.).
I.
Permits for rehabilitation, alterations and additions. The following shall apply to Class I and Class II resources, as listed on the official inventory and map of historic resources, in addition to the provisions of § 220-112:
(1)
General requirements. In addition to provisions of § 220-113A, no historic resource (structure, building or sign) shall be rehabilitated, enlarged, extended, converted or structurally altered, nor shall the land, buildings and structures related to a historic resource be put to any use or have the use for which they are used changed without securing a preservation permit from the Zoning Officer. No such permit shall be issued except in conformity with the provisions of this section or upon written order from:
(2)
Application procedures. In addition to procedures noted in § 220-113B, the preservation permit application shall include the following:
(a)
Drawings (floor plans, all related elevations, details, etc.) of the proposed construction, restoration or alteration. Drawings may be submitted in sketch form, provided they are sufficiently detailed to indicate the entire scope of work.
(b)
Material list and disposition of existing historic architectural features. (Example: this listing shall indicate if existing materials are being replaced in-kind or with new materials which replicate the original.)
(3)
Approval or disapproval. In addition to the provisions of § 220-113C, plans for rehabilitation, alteration, additions or other activity requiring a preservation permit shall be reviewed by the Zoning Officer for substantial compliance with the Manheim Borough Standards for Historic Preservation as they are developed and adopted or, in lieu thereof, in accordance with the Secretary of the Interior's Standards for Rehabilitation, as codified in 36 CFR Part 67, last revised 1990, which provide as follows:
(a)
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(b)
The historic character of a property shall be retained and preserved. The removal of historic materials or alterations of features and spaces that characterize a property shall be avoided.
(c)
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(d)
Most properties change over time; those changes that have acquired historical significance in their own right shall be retained and preserved.
(e)
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a historic property shall be preserved.
(f)
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentation, physical or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(h)
Significant archeological resources affected by a project shall be protected and preserved. If such resource must be disturbed, mitigation measures shall be undertaken.
(i)
New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
(j)
New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
(4)
Exceptions. Certain practices are hereby deemed to be acceptable and shall be approved as follows:
(a)
Replacement of failed/deteriorated slate roofs where no stylistic pattern currently exists with tri-tab asphalt or fiberglass shingles shall be permitted, provided written verification is submitted by a roofer who specializes in slate which shall indicate that the slate is deteriorated to a degree that repair is either unreasonable or not economically feasible. Verification may include statements related to structural damage to roof members (i.e., rafters, crickets, valleys, ridges, etc.). The color selected should be one that most closely matches the existing slate. Typical slate colors are gray, blue-gray and green.
(b)
Replacement of slate roofs with a slate look-alike product shall be permitted, without roofer verification. These products have a ceramic, concrete, fiber-cement or mineral-polymer base. The color selected should be one that most closely matches the existing slate.
(c)
Replacement of cedar shake roofs with asphalt or fiberglass roofing designed to replicate the appearance of wood shingles shall be permitted.
(d)
Installation of storm windows wherein the horizontal rail of the storm window system is designed to complement the horizontal rail of the primary window sash. Additionally, the color of the aluminum frame shall match the trim color of the frame which it is attached to, and the vertical and horizontal members of the storm sash shall match the profile of the windows which they are protecting. The ultimate goal is to make the storm window disappear from view.
(e)
Replacement windows where the sash will replicate the style and configuration of the existing windows (i.e., 6/6, 6/1, 6/9, etc.) and only if the new window is designed to match the existing size of the windows being replaced. Use of modern materials may be permitted.
(f)
In-kind replacement (same materials, same architectural detailing, etc.).
J.
Permits for demolition, removal or relocation. The following shall apply to Class I, Class II and Class III resources, as listed on the official inventory and map of historic resources, in addition to provisions of § 220-113 and Subsection I:
(1)
General requirements. No historic resource (principal or accessory building or structure) shall be demolished, removed or otherwise relocated without a demolition permit. No such permit shall be issued except in conformity with the provisions of this section.
(2)
Application procedures. In addition to the procedures noted in § 220-113B and Subsection I(2), the demolition permit application shall include the following:
(a)
Cross-reference to all historic inventory information which the Borough has in its possession related to the historic resources and associated structure(s) on the subject property.
(b)
Detailed exterior elevations, showing all vertical elements to scale, including floor-to-floor dimensions, as well as the width and height of all exterior openings. Additional clarification may be included in the written narrative/physical description.
(c)
Detailed floor plans showing the overall size of the structure and all interior rooms, closets, hallways, etc. Additional clarification may be included in the written narrative/physical description.
(d)
A complete set of interior and exterior photographs of the resource proposed for demolition, removal or relocation, along with a written narrative which shall include a physical description of the structure. (Black-and-white photos four inches by six inches are required. However, larger color photographs may also be helpful in making a better presentation. Polaroid photos will not be accepted for record purposes. Photographs, floor plans and elevations shall be sufficient in detail that a true, full-scale or reduced-scale replica of the structure could be constructed.)
(e)
Site plan, showing the specific location of the structure and its relationship to adjacent property lines and all other buildings, structures and improvements (i.e., sheds, garages, sidewalks, driveways, parking areas, landscape beds, trees, etc.). In addition, the site plan shall indicate the general topography of the property.
(f)
An explanation of the reasons why the resource is being considered for demolition, removal or relocation.
(g)
Proposed use for the property or portion thereof from which the resource will be removed and a timeline for the implementation of the proposed use (including other local, county, state and federal approvals).
(h)
Proposed disposition of historic materials. (This information shall be sufficient to show that material is being disposed of in a legal manner.)
(i)
For Class I and Class II historic resources, a financial analysis of the property, which shall include the following:
[1]
Date of purchase, purchase price and ownership history.
[2]
Assessed value of the land and improvements thereon. (County)
[3]
Certified property appraisal.
[4]
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record.
[5]
Applicant's financial estimates as to the profitability of adaptive use of the property compared to the proposal for which demolition, removal or relocation approval is being sought.
(j)
For Class I and Class II historic resources, a completed conditional use application, signed by the applicant and/or property owner(s) and other parties having a vested interest in the subject property, authorizing the review process as described herein, which shall be accompanied by the appropriate fee as shall be established by Borough Council.
(3)
Approval or disapproval of a demolition permit. Demolition permits for the removal of a Class III structure may be issued by the Zoning Officer following a nonbinding review by the Historic Commission. The applicant may be asked to provide additional documentation or records related to the structure. Demolition permits for Class I and Class II historic resources shall only be permitted through the conditional use process, based on credible evidence to be provided by the applicant in response to each of the following criteria, in addition to the general provisions of § 220-118:
(a)
That demolition, removal or relocation of the resource in question will not adversely effect the historic significance or architectural integrity of neighboring historic resources or the historic character of the neighborhood or community.
(b)
That there is no feasibility to continue the current use.
(c)
That other uses permitted within the underlying zoning district, either as permitted uses, special exception uses or conditional uses, have been denied or are not feasible due to constraints on the building or structure.
(d)
That adaptive use opportunities do not exist due to constraints related to the building, structure or property.
(e)
That the proposed new building, structure or use of the property will not adversely affect the historic significance or architectural integrity of neighboring historic resources or the historic character of the neighborhood or community.
(f)
That the historic resource, its permitted uses and adaptive use potential does not provide a reasonable rate of return based on a reasonable initial investment.
(g)
That the applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
(h)
In addition, the applicant may be required to submit, at the applicant's expense, written documentation from an independent registered professional(s) (i.e., structural engineer, architect, appraiser, etc.), who shall provide opinions as to the merits of the application.
(4)
Hearing procedures. The following provisions shall apply in addition to those stated in § 220-118E(1):
(a)
Borough Council shall forward each application for demolition, removal or relocation to the Historic Commission.
(b)
The recommendation of the Historic Commission, along with all other related information, shall be forwarded to the Planning Commission for its review and comment.
(c)
The applicant or agent shall be provided an opportunity to present the proposal to the Historic Commission and the Planning Commission at their regular monthly meetings.
(d)
Borough Council shall not take action to approve a conditional use request for demolition, removal or relocation of a historic resource without first having received written recommendation from the Historic Commission along with written acknowledgment that the Planning Commission has similarly reviewed the application and the Historic Commission's recommendation(s).
(5)
Enforcement. In addition to provisions of § 220-112B, C, D and E, Borough Council may authorize action to withhold issuance of any and all zoning and building permits for a period of one year for any property which at the time of the enactment of this section was occupied by a historic resource, which was subsequently demolished, removed or relocated without approval of a demolition permit as provided herein, except that a permit may be issued for the abatement of any cited condition governed by the Borough.
K.
Demolition by neglect. The act of leaving a Class I, Class II or Class III historic resource open to the elements (i.e., rain, snow, etc.) or vandalism and/or failure to properly maintain a historic resource so as to make it vulnerable to decay or ruin, as determined by the Zoning Officer, shall be considered demolition by neglect and the following shall apply:
(1)
Unoccupied principal or accessory buildings or structures. The owner shall develop a written maintenance program for the protection of any and all unoccupied principal or accessory buildings or structures. The maintenance program shall be established in accordance with the provisions of the Manheim Borough Property Maintenance Code (Chapter 100, Article I, of the Code) and/or the guidelines provided within Preservation Brief No. 31, published by the U.S. Department of the Interior, National Park Service. A copy of the maintenance program shall be filed with the Zoning Officer and, upon approval, the owner shall take the necessary steps to implement the plan.
(2)
Structural integrity of unoccupied buildings or structures. In addition to the provisions of Subsection K(1), the maintenance program shall address measures which the owner shall implement to assure that structural components are protected and reinforced to stabilize and maintain the essential form of the building or structure. Structural features requiring stabilization include, but are not limited to, roof, chimney(s), cornice, soffit, fascia, spouting, columns, beams, posts, as well as window and door sills, lintels and jambs.
(3)
Annual inspection. The interior and exterior of the building or structure shall be inspected no less than annually by the Zoning Officer, the owner or its agent to determine compliance with the established maintenance program.
(4)
Enforcement. In addition to provisions of § 220-112B, C, D and E, Borough Council may authorize action to withhold issuance of any and all zoning or building permits for a period of one year for any property which at the time of the enactment of this section was occupied by a historic resource, which was subsequently demolished as a result of demolition by neglect, except that permits may be issued for the abatement of any cited condition governed by the Borough.
L.
Sign permits. Signs associated with any historic resource or which are on an adjoining property shall be designed to complement said historic resource. As such, the applicant shall submit the design, which shall include a clear description of the size, shape, materials and colors, along with the proposed wording to the Historic Commission for its review and comments.
M.
Adaptive use regulations. The Pennsylvania Historical and Museum Commission assisted the Borough in the determination of an eligible National Register Historic District encompassing more than 900 properties, many of which are categorized as either Class I or II historic resources, as defined herein. Historic resources may be used in accordance with the permitted use provisions of the underlying zoning district in which they are located. Additionally, the following adaptive use provisions have been developed as an incentive for property owners who have or may wish to initiate preservation, restoration and/or rehabilitation of a Class I or II historic resource:
(1)
Adaptive use. Establishment of adaptive uses shall only be granted by the Zoning Hearing Board following special exception review.
(2)
General criteria. The specific criteria found in Article IV of this chapter shall govern adaptive use applications, except as may be noted herein:
(a)
The adaptive uses listed in Subsection M(4) shall take precedence over any restriction of uses provided within the underlying zoning district, except wherein it is shown that a specific proposal would cause a threat to the public health, safety or welfare of the neighborhood, district or community. In such case, special exception may be denied.
(b)
Variances to the number of off-street parking spaces or design requirements may be granted, by the Borough Zoning Hearing Board to accommodate special conditions related to the adaptive use, provided the Borough Zoning Hearing Board determines that adequate parking is available to support the specific adaptive use.
(c)
Variances to the number of off-street parking spaces or design requirements may also be granted by the Borough Zoning Hearing Board when it has been determined that the creation of additional surface area will have an adverse impact to the historic resource, an adjacent permitted use or historic resource.
(d)
Generally, only one use is permitted on a property. For the purpose of creating adaptive uses, the Borough Zoning Hearing Board may grant mixed-use approval for a historic resource wherein the applicant has documented that sufficient area and improvements exist to support the uses simultaneously.
(e)
Expansion of the historic resource shall only be permitted in compliance with the provisions of this section and only so far as the enlargement does not exceed what is minimally necessary to accommodate the adaptive use.
(f)
The applicant must show that preservation, restoration and/or rehabilitation will be undertaken in accordance with provisions of this section.
(3)
Application process. The following shall be provided in addition to provisions of Subsection I(2) and § 220-107C and § 220-107D:
(a)
Responses to the specific criteria provided herein or within the underlying zoning ordinance, as well as additional documents, drawings, photographs, etc., which may assist in the review.
(b)
The applicant shall meet with the Zoning Officer and Historic Commission for the purpose of reviewing the proposal. The Commission shall provide a formal record in the form of a letter of appropriateness to the applicant and the Zoning Officer. The letter shall include an outline of the proposal along with any Historic Commission recommendations and shall further note all points where the applicant and the Historic Commission agreed on implementation of either the proposal and/or modifications to the proposal.
(4)
Adaptive use chart and special exception criteria. This chart provides a guideline for adaptive uses which may be established in Class I or Class II historic resources following Zoning Hearing Board approval of a special exception:
Adaptive Use | Districts | ||||||||
|---|---|---|---|---|---|---|---|---|---|
R-1 | R-2 | R-3 | R-4 | COA | CBD | C-1 | I | PC-1 | |
Antique shop, Subsection M(4)(a) | X | X | X | X | |||||
Architectural warehouse, Subsection M(4)(b) | X | X | X | X | X | X | X | ||
Art shops or studios, Subsection M(4)(c) | X | X | X | X | |||||
Bed and breakfast, § 220-52 | X | X | |||||||
Conversion apartments § 220-58 | X | ||||||||
Dance/performing art/music | X | X | |||||||
Studio, Subsection M(4)(d) | |||||||||
Emporium (country store or shop), Subsection M(4)(e) | X | X | X | ||||||
Library (research or public), Subsection M(4)(f) | X | X | |||||||
Museum, industrial, Subsection M(4)(g) | X | X | X | ||||||
Museum, outdoor, Subsection M(4)(h) | X | X | X | X | X | X | X | X | |
Museum, house, Subsection M(4)(i) | X | X | X | X | |||||
Professional offices, Subsection M(4)(j) | X | X | X | ||||||
(a)
Antique shop. This adaptive use may be established in single-family detached dwellings within the R-1, R-2, R-3 and COA Zones as a special exception, subject to the following:
[1]
The principal use of the structure shall remain residential and shall be occupied by the owner.
[2]
Establishment of the use shall not negatively impact on-street parking. The applicant shall show that off-street parking exists to support two spaces for the dwelling, plus one space for every 400 square feet of gross floor area associated with the shop.
[3]
If adequate off-street parking does not exist, the applicant shall provide evidence that off-street parking can be developed on site without negative impact on the property in question or any adjacent property. The site plan shall include landscaping and/or buffering in accordance with Subsection Q(1).
[4]
Nonresident employees shall be prohibited.
[5]
No external storage of materials shall be permitted. However, the neat and orderly exterior display of antiques, appropriate for exterior ornamentation or use, may take place (i.e., butter churn, feed trough, water pumps, etc.).
[6]
The floor area associated with the shop shall not extend beyond the first floor of the dwelling and shall not interfere with the principal residential use. Existing accessory structures (other than garages), which are deemed to be a historic resource, may be used in addition to the principal structure.
[7]
One non-illuminated sign, not to exceed two square feet in display area, shall be permitted.
(b)
Architectural warehouse. Dealing in the wholesale, retail and trading of architectural trim, doors, shutters, windows, handrails, moldings, newels, sinks, tubs, radiators, hardware, fences, fireplace mantels, etc., may be established as an adaptive use in the COA, CBD, C-1, R-3, I and PC-1 Zones as a special exception, subject to the following:
[1]
The structure shall have a loading dock or other loading/unloading area which shall not interfere with pedestrian or vehicular traffic.
[2]
The premises shall be one which has a previous industrial or heavy commercial use and which has sufficient ceiling height and floor area to adequately serve as a warehouse (i.e., former warehouse, lumber mill, foundry, car dealership, etc.).
[3]
The facility shall provide a warehouse and resource for historic architectural millwork, plumbing, heating and electrical components which would be needed in the restoration of historic resources.
[4]
The use shall not be associated with any restoration of the items being warehoused, except as can be accomplished without creating a nuisance (i.e., noise, vibration, odor, glare, smoke, dust, etc.).
(c)
Art shops or studios. This adaptive use may be established in any single-family detached dwelling located in the R-1, R-2, R-3 and COA Zones as a special exception, subject to the following:
[1]
The principal use of the structure shall remain residential and shall be occupied by the owner.
[2]
Nonresident employees shall be prohibited.
[3]
Establishment of the use shall not negatively impact on-street parking conditions. The applicant shall show that an off-street parking area exists to support two spaces for the dwelling plus one space for every 400 square feet of gross floor area associated with the shop or studio.
[4]
If adequate off-street parking does not exist, the applicant shall provide evidence that off-street parking can be developed on site without negative impact on the property in question or any adjacent property. The site plan shall include landscaping and/or buffering in accordance with provisions of Subsection Q(1).
[5]
The floor area associated with an art shop shall not extend beyond the first floor of the dwelling. Existing accessory structures (other than garages) which are deemed to be a historic resource may be used in addition to the principal structure.
[6]
An art studio may be established on either floor of the principal structure. Existing accessory structures (other than garages) which are deemed to be a historic resource may be occupied or used as an art studio regardless of the use of the principal structure.
[7]
One non-illuminated sign, not to exceed two square feet in display area, shall be permitted.
(d)
Dance/performing arts/music studio. This adaptive use may be established within the I and PC-1 Zones as a special exception, subject to the following:
[1]
The applicant shall provide documentation, drawings, photographs, etc., to show what preventative steps are being taken to address nuisance factors (noise, glare, odors, vibration, smoke, dust, etc.).
[2]
Off-street parking shall be provided at a ratio of one space for every two students enrolled in a class plus one space for each instructor. The total number of spaces shall be derived by adding the two largest classes which are scheduled back-to-back plus the number of instructors associated with each class.
[3]
Adequate drop-off and pick-up area shall be provided in close proximity to the studio entry.
(e)
Emporium (country store). This adaptive use may be established in the COA, R-3 and R-2 Zones as a special exception, subject to the following:
[1]
The premises shall be one which has a historic connection to a former neighborhood or corner store.
[2]
The applicant shall show that adequate off-street parking exists to support the operator of the store, plus one space for every 400 square feet of gross floor area.
[3]
The store shall be limited to those floor areas which were historically associated with the previous shop.
(f)
Library (research or public). This adaptive use may be established in the COA and R-3 Zones as a special exception, subject to the following:
(g)
Industrial Museum. This adaptive use may be established in the I, C-1 and PC-1 Zones as a special exception use, subject to the following:
[1]
Industrial or commercial structure(s) which have historic, architectural or cultural significance may be established as an industrial museum.
[2]
Displays shall relate primarily to the building's architecture, furnishings and historic use, as well as similar displays related to other industrial or commercial uses which are significant to industry or commerce.
[3]
The premises shall be accessible to the public and shall have off-street parking at a ratio of one space for every 600 square feet of gross building floor area which will be accessible to the public (i.e., a three-story building, wherein only the first floor will be accessed, need only provide parking based on the first floor areas).
(h)
Museums, outdoor. This adaptive use may be established in the R-1, R-2, R-3, R-4, COA, CBD, C-1 and I Zones as a special exception, subject to the following:
[1]
The applicant shall submit a land development plan, which shall also show the intended development and placement of all buildings, structures and related improvements.
[2]
The applicant shall provide a schedule of times when the facility will be open to the public, along with a timeline for the development of the property.
(i)
Museums, house. This adaptive use may be established in single-family detached dwellings within the R-1, R-2, R-3 and COA Zones as a special exception, subject to the following:
[1]
The use of the primary structure may include a house museum in conjunction with a single-family residence, provided that the premises shall be occupied by the owner.
[2]
A house museum may also be the only use of the premises.
[3]
Nonresident employees shall be permitted.
[4]
Off-street parking shall be provided at a ratio of one space for every 600 square feet of gross floor area related to the museum, plus one space for each employee or two spaces for an associated single-family dwelling.
(j)
Professional offices. This adaptive use may be established in a single-family detached dwelling within the R-1, R-2 and R-3 Zones as a special exception, subject to the following:
[1]
The principal use of the structure shall remain residential and shall be occupied by the owner.
[2]
One nonresident employee shall be permitted as either an assistant or secretary.
[3]
Approved professional uses shall include but not be limited to the following: attorneys, accountants, architects, dentists, doctors and engineers. Veterinarian offices shall be prohibited, unless they are otherwise permitted within the underlying zone provisions.
[4]
Appointments shall be scheduled far enough apart that there is limited, if any, need for clients to wait for another to complete meetings or appointments.
[5]
The applicant shall provide evidence that off-street parking exists to support a minimum of five vehicles (two for the dwelling, one for an employee and two for clients). Additional off-street parking spaces shall be provided for any additional family members who drive, if such activity will overlap with business/appointment hours.
[6]
If adequate off-street parking does not exist, the applicant shall provide evidence that off-street parking can be developed on site without negative impact on the property in question or any adjacent property. The site plan shall include landscaping and/or buffering in accordance with the provisions of Subsection Q(1).
[7]
One nonilluminated sign, not to exceed two square feet in display area, shall be permitted.
N.
Development provisions. Numerous lots within the Borough do not conform to area and bulk provisions of this chapter. The reason for the nonconformities are directly related to the Borough's development. The nonconformities (i.e., narrow and/or deep lots, limited side setbacks, unusually large properties, buildings placed at the public right-of-way line instead of placement at required front setback lines, etc.) add to the character and uniqueness of the Borough. In an effort to maintain the character of a historic resource, neighborhood, district or the community, it may be appropriate for the Zoning Hearing Board to grant variances to certain design criteria (i.e., lot coverage, minimum setback or other area and bulk requirements). Similarly, these issues need to be considered when development of a vacant lot is proposed within an established neighborhood and/or adjacent to a historic resource(s). Efforts to protect historic resources located on large parcels proposed for subdivision must be undertaken. The lot dimensions and/or setback requirements for a historic resource and the lots adjacent to a historic resource may need to be adjusted and/or other alternatives may need to be considered in order to preserve the historic resource on its own lot. In addition to the provisions of § 220-107, the following statements are provided to assist the Zoning Hearing Board.
(1)
Residential subdivision. The following shall apply where Class I or Class II historic resources exist on a site that is to be subdivided in a residential zone (R-1, R-2, R-3, R-4, COA):
(a)
The lot which will support the historic resource shall be sufficiently sized to preserve those portions and features of the resource which are significant to its historic, architectural and cultural values.
[1]
The property area shall be sufficient to support other required improvements such as off-street parking, landscaping and/or open spaces even though the property may not comply with stated minimum lot area or maximum lot coverage provisions.
[2]
A lot may be deemed to be sufficiently sized even though a nonconforming side setback exists, if the subdivision plan compensates for the deficiency by providing an enlarged setback area on the opposite side and/or rear yard of the proposed parcel. This modification may result in the creation of a lot which does not comply with stated minimum lot area or maximum coverage provision.
[3]
The major factor in granting a variance to design standards shall be the impact that the proposal will have on the character of the neighborhood, district or community as well as any direct impact that the proposal will have on adjacent Class I or Class II historic resources.
(b)
The residual lot area left for development may only be divided in a fashion which replicates the character of the neighborhood.
[1]
Variances granted to design standards (i.e., lot width, building setback, yard area, maximum lot coverage, minimum lot area, etc.) shall not be less than the average of those found within the neighborhood and shall include an analysis of any historic resource which faces the subject property.
[2]
Development of any newly created lot where a variance has been granted to design standards shall be restricted to those uses which do not exceed the current residential density within the neighborhood (i.e., if the predominance of structures in the neighborhood are single-family or single-family semi-detached, then only single-family semi-detached or single-family detached dwellings will be permitted), regardless of the permitted uses listed within the provisions of the underlying zoning district. Uses which exceed the established standard shall be prohibited (i.e., in the above example, multiple-family dwelling and townhouses would not be allowed).
(2)
Residential expansion of a historic resource. The following shall apply when expansion of a Class I or Class II historic resource is proposed on a site within a residential zone (R-1, R-2, R-3, R-4, COA):
(a)
Expansion of a historic resource shall be planned in a manner which preserves the historic, architectural and cultural values of the resource as well as the character of all historic resources on adjoining properties.
(3)
Nonresidential expansion of a historic resource. The following shall apply when a Class I or Class II historic resource exists within a nonresidential zone (CBD, C-1 and I) when expansion or subdivision is proposed:
(a)
Consideration shall be given to the proposed (permitted or adaptive) use of the historic resource to such degree that the lot which will support the resource is sufficiently sized and protected from any infill development which may be proposed on the adjoining newly created parcels or other adjoining vacant property.
[1]
The property area shall be sufficient to support the stated off-street parking requirements, while providing sufficient landscaping and/or open space area as may be reasonably required.
[2]
The lot may be deemed to be of sufficient size even though minimum building setbacks are presently lacking on one or more sides of the resource if compensation is provided on the remaining sides, even though the modification does not result in the creation of a parcel which meets the minimum lot area or maximum lot coverage provisions.
O.
Infill development. The process of placing new principal and/or related accessory buildings or structures on an undeveloped property is considered to be infill development. Construction and placement of such new buildings, structures, objects and related improvements shall be designed to assure that they do not negatively impact any Class I or Class II historic resource located within the neighborhood.
(1)
Application procedures. In addition to the provisions of § 220-113, applicants seeking approval for infill development(s) shall submit sufficient documentation, including site plan, floor plans, elevations and architectural details for all proposed structures, buildings, driveways, parking areas, walkways, planters or ornamental yard treatments. The goal of the submission shall be to show that the proposed infill has been designed in line with the following criteria in relation to any Class I or Class II historic resource:
(a)
Size, scale and proportion. New construction shall relate to dominant proportions, size and human scale of adjacent buildings and shall not be more than 10% taller or shorter than those structures.
(b)
Massing and shape. New construction shall incorporate massing, building and roof shapes that are present in surrounding buildings.
(c)
Materials. Building materials used in new construction shall be compatible with those found in surrounding buildings. Traditional materials, common within the neighborhood (i.e., wood, brick, stucco, stone, etc.) are preferred.
(d)
Cornice and floor-to-floor heights. New construction shall continue the floor-to-floor and cornice heights of surrounding buildings or should incorporate detailing that suggests those heights.
(e)
Patterns and rhythm. The rhythm of facades along the street and components thereof shall be maintained.
(f)
Windows and doors. New construction shall use window and door openings which replicate the design, type, style and size typical to those found on historic resources in the neighborhood.
(g)
Orientation and location. Principal facades of new construction shall face the same direction as the rest of the buildings on the street. The prevailing setback line at the street shall also be preserved.
(h)
Color and contrast. The exterior appearance of structures can be complemented by the proper selection of colors. Therefore, color designations shall be incorporated into the elevations and color charts shall be provided for review.
(2)
Approval/review process. The Historic Commission shall meet with the applicant and the Zoning Officer for the purpose of reviewing infill proposals. A formal record of the review shall be provided to the applicant and the Zoning Officer in the form of a letter of appropriateness. The letter shall include an outline of all modifications suggested by the Commission and shall further note all points where the applicant and Commission agreed on the implementation of either the plan(s) as presented or modifications to said plan(s). The goal of this process shall be to create an infill development which is adequately designed to eliminate negative impacts on adjacent Class I and/or Class II historic resources.
P.
Impact study. Certain types of development may have a direct or indirect impact on Class I or Class II historic resource(s). In those cases, additional information shall be supplied by the applicant so that the Historic Commission, Planning Commission and Borough Council can assure that adequate protective measures have been considered and that potentially negative impacts to Class I and/or Class II historic resource(s) have been mitigated.
(1)
General provisions. In addition to provisions found within this section, applicants seeking the following approvals shall submit an impact study:
(a)
Subdivision of any property located within 100 feet of a property which supports a Class I or Class II historic resource.
(b)
Land development plans for development or expansion of commercial, industrial or planned industrial uses when the subject property is within 100 feet of a property which supports a Class I or Class II historic resource.
(c)
Bridge or highway construction projects wherein the highway or bridge will be widened or otherwise enlarged, when the expansion or project scope is within 50 feet of a Class I or Class II historic resource.
(2)
Application procedures. The impact study shall include the following information for each Class I or Class II historic resource located within the distances provided in Subsection P(1) in addition to any general requirements for approval:
(a)
A listing and physical description of all historic resources identified.
(b)
A map which shall clearly show all structures within the design criteria area as well as the location of the historic resource(s).
(c)
The proposed distances which will be established between the historic resource(s) and the proposed structure(s).
(d)
General site information in relation to the existing and proposed changes to the topography between any proposed structure(s) and the historic structure(s). This information shall include all impervious surfaces, any stormwater facilities, swales, landscape areas, etc., which may, either directly or indirectly, impact the historic resource(s).
(e)
A sufficient number of photographs showing existing features between the proposed development area and all historic resources. (Color photos no less than four inches by six inches.)
(f)
Photographs of each historic resource identified in sufficient number to illustrate architectural as well as site-related features.
(g)
Specific mitigation steps which have been developed to address potential impacts on adjacent historic resource(s) and which may include any or all of the following:
[1]
A description of the investigation process which the applicant has undertaken to determine potential impacts.
[2]
Narrative and visual exhibits which describe the impacts which were determined in relation to each historic resource (i.e., stormwater, historic setting, architectural integrity, noise, vibration, glare, future use, etc.).
[3]
Plans, policies and design factors which have been created to deal with the impacts in an effort to mitigate the effects that the proposed development will have on each historic resource (i.e., incorporation of architectural details, landscape buffers, screening, building placements, etc.).
(3)
Approval/review process. The Historic Commission shall review the impact study and all related information and make a recommendation to the Planning Commission, the Lancaster County Planning Commission and Borough Council. Final authorization will be in the form of the recorded subdivision and/or land development plan and the resolution for plan adoption. The applicant will be required to post an improvement guarantee for the implementation of required public improvements.
Q.
Landscaping and buffering. The following provisions shall apply in addition to the general provisions of § 220-34 of this chapter for Class I and Class II historic resources wherein subdivision is proposed in accordance with Subsection N, and may in turn be applied to subdivision and land development plans governed by Subsection P:
(1)
Requirements. A landscape and buffering plan shall be required as follows:
(a)
The landscape and buffering plan shall be prepared by a landscape architect, nurseryman or other individual whom the Historical Commission shall deem to be qualified.
(b)
The landscape and buffering plan shall show all pertinent information, including the location, size and species of all individual trees, shrubs, bushes and flowering beds to be either planted or relocated. The plan shall also address any mature trees, bushes or shrubs which will be removed, whether or not they will be reused.
(c)
The plan shall utilize screening, buffering and the selection and placement of trees, shrubs, bushes and other plants and flowers to minimize the impact of the proposed development, construction or alteration on historic resources and shall be designed to provide an enhancement to the streetscape while protecting the integrity of the setting of the historic resource(s), and shall further be designed to minimize the impact on any adjacent historic resource(s) and/or significant vegetation.
(2)
Review and approval. The plan shall be presented to the Historic Commission and shall be submitted by it, along with written recommendations, to the Planning Commission prior to any official action by Borough Council to approve the subdivision or land development plan.