Springfield Township Montgomery County
City Zoning Code
City Zoning Code
ARTICLE XIID
Historic Resource Overlay District
§ 114-12D0 Purpose; authority.
Pursuant to authority contained in the Act of 1968, Public Law 805, No. 247, as enacted and amended, known as the Pennsylvania Municipalities Planning Code (Sections 603, 604, and 605), as amended,[1] Springfield Township hereby amends its Zoning Ordinance in order to promote, protect, and facilitate the preservation of resources of historic significance and to preserve the historic values in the Township environment. Springfield Township hereby creates an Historic Resource Overlay Zone for the regulation, restriction, or prohibition of uses, buildings, or structures at, along, or near places having significant historical or architectural interest or value, and which contribute to the historic character of the Township.
[1]
Editor's Note: See 53 P.S. §§ 10603, 10604 and 10605.
§ 114-12D1 Legislative intent.
It is hereby declared as a matter of public policy that the preservation and protection of buildings, structures, resources and sites of historic, architectural, cultural, archeological, educational and aesthetic merit are public necessities and are in the interests of the health, prosperity and welfare of the people of Springfield Township. To that end, a separate zoning district is hereby created to overlay certain other zoning districts in the Township. The provisions of this article, along with the provisions of Chapter 46, Historic Resources, of the Township Code, are intended to:
A.
Promote the general welfare by protecting the integrity of the historic resources of Springfield Township.
B.
Establish a clear and public process by which proposed land use changes affecting historic resources can be reviewed.
C.
Discourage the demolition of historic resources.
D.
Provide incentives for the continued use of historic resources and to facilitate their appropriate reuse.
E.
Encourage the conservation of historic settings and landscapes.
F.
Promote retention of historical integrity in the context of proposed land use and/or structural changes.
G.
Identify historic resources in the community and to create an Historic Resource Inventory.
§ 114-12D2 Applicability; Role of Historical Commission Regarding Historic Resource Inventory.
A.
The provisions of this article shall apply to all historic resources approved by the Board of Commissioners, identified on the Historic Resource Inventory and located within the Historic Resource Overlay District.
B.
The Springfield Township Historical Commission shall have an advisory role on issues related to the exterior alteration, change of use or demolition of historic resources in Springfield Township.
C.
The Springfield Township Historical Commission shall be responsible for evaluating, compiling, maintaining, and publishing the Historic Resources Inventory. The Historical Commission shall periodically review the historic resources on the inventory and recommend the addition or deletion of historic resources as needed, which recommendations shall then be forwarded to the Board of Commissioners. All actions regarding the Historic Resources Inventory taken by the Historical Commission shall be subject to the approval of the Springfield Township Board of Commissioners.
D.
The receipt by the Township of written notification that the historic resource no longer meets the criteria shall be treated by the Historical Commission as a proposal for the reevaluation of the resource for inclusion on the Historic Resource Inventory.
§ 114-12D3 Historic Resource Inventory.
A.
Historic resources in Springfield Township shall be designated for inclusion on the Historic Resource Inventory by the Springfield Township Historical Commission in accordance with the procedures and criteria established in Chapter 46, Historic Resources.
B.
Publication. The Historic Resources Inventory shall be made available to the public for inspection at the Springfield Township Building during regular business hours. The Inventory, or parts thereof, may also be made public through other means, including but not limited to display on the Township's website or at a local library.
§ 114-12D4 Permitted uses.
The following uses and no other shall be permitted for an historic resource in the Historic Resource Overlay District, subject to requirements stated elsewhere in the Springfield Township Code:
A.
Any use permitted (including legally existing nonconforming uses) in the underlying zoning district in which the property is located.
B.
When authorized as a special exception in compliance with the special exception standards contained in §§ 114-12D6 and 114-165 of this chapter, subject to obtaining a recommendation from the Historical Commission pursuant to Chapter 46, Historic Resources, a property upon which an historic resource is situated may be used for the following uses, where such property obtains access from any cartway:
(1)
Bed-and-breakfast, subject to the following conditions:
(a)
Dwellings shall have a gross habitable floor area of no less than 2,500 square feet;
(b)
No more than five guest suites shall be permitted in any one bed-and-breakfast establishment;
(c)
A lot area of not less than 15,000 square feet. Bed-and-breakfast establishments with more than three guest suites shall have a lot area of not less than 5,000 square feet per guest suite;
(d)
A single bed-and-breakfast establishment shall provide lodging to no more than 15 guests at any one time;
(e)
The guest suites shall not contain a kitchen or cooking facilities;
(f)
The use of any amenities provided by the establishment, such as swimming pools or tennis courts, shall be restricted in use to guests currently staying at such establishment;
(g)
Off-street parking spaces shall be provided at a rate of one space per guest suite in addition to the number of parking spaces required for any other permitted use; and
(h)
The property owner, or the manager or lessee of the facility, must reside on the premises.
(2)
Cultural studio, subject to the following conditions if located in a residential zoning district:
(3)
Professional home office, subject to the following conditions if located in a residential zoning district:
(a)
Professional home office, limited to one employee per 250 square feet of gross habitable floor area devoted to the professional office use.
(b)
One additional off-street parking space is required for client use. One additional off-street parking space is required for each employee that does not reside on the premises.
(c)
The property owner, or the manager or lessee of the office, must reside on the premises.
(4)
Academic or technological research facility, not including a biological, medical or chemical laboratory with a limit of one employee per 500 square feet of gross habitable floor area devoted to the facility use.
(a)
Research facility limited to one employee per 500 square feet of gross habitable floor area devoted to the facility use.
(b)
One additional off-street parking space is required for each employee that does not reside on the premises.
(c)
The property owner, or the manager or lessee of the facility, must reside on the premises.
(d)
The research facility shall not use, test, create, store or otherwise involve any hazardous or biohazardous materials or waste.
(e)
The research facility shall not produce any smoke, flames, noxious fumes, noise, vibrations or other byproduct which adversely affects the surrounding area.
(5)
Food preparation or catering facility not involving food consumption on the property by guests or customers, and employing not more than three persons on the premises.
(6)
Personal service shop, including tailor, barber, beauty salon, dressmaking or similar shop, but not including dry cleaning or laundromat, with a limit of one employee per 500 square feet of gross habitable floor area devoted to the service shop use.
(7)
Repair service shop, including repairs for small appliances, small business machines, clocks, watches, household furnishings, shoes, bicycles and locks, but shall not include automobile, truck, motorcycle or lawnmower repair, with a limit of one employee per 500 square feet of gross habitable floor area devoted to the repair service use.
(8)
Assisted living facility, personal care facility or home for the aged on a parcel having a gross lot area of at least three acres. The requirements of § 114-8D4A shall apply.
(9)
Gallery or antique shop, subject to the following conditions:
(a)
If the property is located in a residential zoning district, the area devoted to the use shall be limited to 1,500 square feet.
(b)
Customarily related retail sales shall be allowed for these uses.
(c)
No outdoor display of a commercial nature, including objects attached to the building, are permitted.
(d)
The property owner, or the manager or lessee of the gallery or shop, must reside on the premises.
(10)
Accessory apartment. One single-family apartment unit located in a structure accessory to the principal dwelling, provided that:
(a)
The accessory structure is determined by the Zoning Hearing Board to be a contributing resource and is identified as such on the Historic Resource Inventory;
(b)
The accessory apartment shall be the only other dwelling unit on the property;
(c)
Two off-street parking spaces shall be required for the accessory apartment, in addition to the parking spaces necessary for the principal use of the property; and
(d)
The property owner must reside on the premises.
(11)
A legally existing, nonresidential, nonconforming use operated in a building classified as an historic resource, and located in a residential zoning district, may be converted to a multifamily use, provided each dwelling unit shall have no fewer than 1,250 square feet of area.
(a)
The area within the perimeter of the building measured at grade level may be expanded by up to 25% in conjunction with a conversion to a multifamily use, provided there exists between the multifamily use and the nearest adjacent permitted use at least 250 feet.
(b)
The area within the perimeter of the building measured at grade level may be expanded by up to 50% in conjunction with a conversion to a multifamily use, provided there exists between the multifamily use and the nearest adjacent permitted use at least 500 feet.
(c)
The property owner must reside on the premises.
(12)
A two-family dwelling use or a multiple-dwelling use, provided that such historic resource building is lawfully and principally used for, or was originally designed to be used as, a religious house of worship, club or lodge use. If a nonhistoric accessory building also exists on the lot upon which the principal building is situated, the nonhistoric building may also be converted to a two-family dwelling use or a multiple-dwelling use. The dwelling uses permitted by this subsection are subject to the following requirements:
(a)
The minimum lot area requirement for the district in which the subject lot is located shall be provided for each dwelling unit operated on the property. During the operation of the two-dwelling use or multiple-dwelling use on a property, such property shall not be subdivided to reduce the lot area to less than the minimum area requirement contained in this section. No future subdivision of the property may reduce the lot area below the minimum requirement. A covenant shall be recorded against the property to document this restriction.
[1]
Where any portion of the lot contains a cemetery, the lot area devoted to the cemetery use shall not be included as part of this minimum lot area requirement.
(b)
There shall be no external alteration of the converted building except for the following. In all cases of external alteration for an historic resource, the applicant will be required to obtain a recommendation from the Historical Commission:
[1]
Those alterations necessary for safety or compliance with the accessibility and exiting requirements in the International Building Code or other applicable law;
[2]
Openings required by the International Building Code to accommodate new windows and doors;
[3]
Vents or exhausts for mechanical systems;
[4]
Upper floor balconies on the side or rear of the building;
[5]
Building additions:
[a]
For buildings with 5,000 or more square feet of total habitable floor area, the building may be expanded by no more than 10% of the existing building's total habitable floor area, but in no case exceeding 1,000 square feet;
[b]
For buildings with less than 5,000 square feet of total habitable floor area, the building may be expanded by no more than 20% of the existing building's total habitable floor area, but in no case exceeding 1,000 square feet;
[6]
New stairways located to the rear of the building unless required by the International Building Code to be located on the side of the building; and
[7]
Wooden decks, grade level patios or open porches, consisting of an area of no more than 300 square feet when located in the rear yard.
[8]
Any alteration deemed to preserve the historic nature of the historic resource, subject to the recommendation of the Historical Commission.
(c)
A detached private garage or parking structure for residential use is permitted, subject to the recommendation of the Historical Commission that the new construction does not negatively impact the historic resource and the new construction complies with all applicable Code requirements, subject to compliance with the following requirements:
[1]
Any detached private garage shall be located to the rear or side of the existing building to be converted, and each garage is limited to a maximum of two cars and is no larger than a total of 600 square feet. A detached private garage(s) shall be subject to the setback requirements in the zoning district.
(d)
The Zoning Hearing Board shall specify the maximum number of families and dwelling units permitted to occupy such building and may prescribe such further conditions and restrictions with respect to the conversion and use of such building and to the use of the lot as it deems appropriate to achieve the following objectives:
[1]
Retains the visual character of the building and the grounds surrounding it as they were designed and/or as they have traditionally been maintained.
[2]
Assures the quiet enjoyment of residents living adjacent to the property and the quiet enjoyment of those future residents living in the converted building.
[3]
Assures that adequate parking is provided for residents of the building and their guests.
[4]
Traffic generated by the proposed use, when combined with the current use, shall not result in a level of service lower than C for adjacent streets and/or the nearest intersections thereof, or, if the level of service is already C or below, shall not further reduce such level of service. The Zoning Hearing Board may require a traffic impact study if needed to assure compliance with this subsection. If required, the Township Engineer shall determine the scope of the study and the assumptions utilized. The Zoning Hearing Board may impose conditions to mitigate the adverse impact of traffic generated by the proposed use consistent with the requirements set forth above.
(e)
A planted buffer shall be required meeting the buffer standards in § 114-71, Subsection D(3) unless a specific finding is made by the Township Engineer that the use of adjacent properties will be sufficiently protected from the impact of the converted building by a lesser buffer, or by no buffer at all; however, surface parking spaces shall be located a minimum of five feet from any property line abutting a residential use.
(f)
All new dumpsters, mechanical equipment and any other similar improvements added to the exterior of the building or property, whether appurtenant thereto or on the property where the building is located, shall be visually screened from adjacent properties by a wall, fence or landscape buffer.
(g)
The required parking shall comply with § 114-134, except as noted herein:
[1]
In the case of a mixed-use historic resource where a residential use is created in accordance with this subsection, then the existing on-site parking may be shared by both uses, provided that there are at least two parking spaces on the lot dedicated for each dwelling unit.
C.
All uses permitted under this article shall comply with the following provisions:
(1)
All uses permitted under this article shall not commence before the issuance of a certificate of use and occupancy.
(2)
All uses shall be registered with the Springfield Township Zoning Officer by the property owner, by sending written notice of same to the Zoning Officer within 30 days of the commencement of the use or of a change to another permitted use.
(3)
When a property no longer includes any historic resource, whether by act or accident of man or nature, or by removal from the Historic Resources Inventory, any use allowed by this article shall be fully discontinued immediately.
(4)
If a property on which an historic resource is located is subdivided, no use permitted solely by this article shall be continued on any parcel that no longer contains an historic resource.
(5)
Unless otherwise permitted herein, no retail sales shall be allowed on the premises other than transactions incidental to the permitted use.
(6)
There shall be no outside storage of materials, equipment, supplies, or commercial vehicles associated with any use allowed solely by this article.
(7)
If the property is not served by public sewer, the owner shall furnish a valid Montgomery County Department of Health permit demonstrating that the existing on-lot sewage disposal system is capable of handling the projected increased load. If the property is served by public sewer, the applicant shall submit documentation that the proposed use will be accommodated by the public sewer system, and that the appropriate number of EDUs for the uses on the property has been acquired.
D.
For all uses permitted by § 114-12D4, above, which are located in a residential zoning district, the following regulations shall apply:
(1)
To the extent that they are visible from neighboring properties, new off-street parking areas for guests, students, employees, patients or clients shall be screened by plant material, or a combination of plant material, fencing or berms, to a height of at least five feet.
(2)
There shall be no use of show windows or display or advertising visible outside the premises, other than a single, nonilluminated sign not exceeding two square feet.
(4)
No use shall be permitted which generates noise perceptible at the property line.
(5)
Site lighting shall be designed to screen the source of illumination and glare from adjacent properties.
(6)
Special events which will generate an unusual volume of traffic beyond that normally generated by the permitted use on a daily basis, such as fund-raising events, recitals, performances, lectures and exhibitions, are prohibited unless specifically allowed by the terms of the special exception, in which case the applicant shall have the burden of proving that the public interest will be protected considering the special exception criteria set forth in § 114-12D6, Subsection B.
(7)
The property owner, manager or lessee must live on-site.
E.
In addition to the uses permitted in Subsection B above, a lawful nonconforming use existing on a property may obtain status as a legally conforming use upon special exception approval, provided that: i) the property upon which the use is located is zoned residentially; ii) an historic resource is situated on the property; and iii) the property obtains access from a primary or secondary street. The provisions of this subsection shall only be applicable to a property or properties held in single ownership as of the effective date of this article, and further subject to the following conditions:
(2)
Such use must be permitted by right, or by special exception within one of the residence districts as listed elsewhere in this Code.
(3)
Any new buildings, additions to existing buildings, or expansion of use on the property must meet the bulk requirements of the underlying zoning district with respect to yard setbacks, building area, impervious surface and height, except to the extent such property is already nonconforming or to the extent modified pursuant to the provisions of § 114-138.
(4)
Buffer area shall be a minimum of 20 feet in width along the side or rear property lines with an additional one foot in width added for every 1,000 square feet (or portion thereof) of new or expanded floor area in excess of 7,000 square feet of habitable floor area, with a maximum buffer area requirement of 50 feet. Any existing improvements that project into the required buffer area may remain, provided that they were lawful when built.
(5)
Site lighting shall be designed to shield the source of illumination to prevent glare on adjacent properties.
(6)
Any assisted living facility, personal care facility or home for the aged shall be permitted only on a property having a gross area of at least three acres.
(7)
Off-street parking shall be provided at a rate of 0.6 parking spaces for each bed in the case of a sanatorium, nursing home, convalescent home or home for the aged. All other provisions of § 114-134, Off-street parking and loading provisions, shall apply that are not in conflict with this requirement.
§ 114-12D5 Bulk, area and setback requirements.
The requirements applicable to the underlying zoning district relating to building area, impervious surfaces and front, side and rear yard setbacks may be modified by up to 15% with respect to historic resources, or permitted additions thereto, subject to obtaining a recommendation from either the Historical Commission, pursuant to Chapter 46, Historic Resources, and subject to obtaining a special exception from the Zoning Hearing Board. These modifications shall apply to the area of the lot as it existed on date of enactment of this article.
A.
Where the requirements are modified pursuant to this section, the applicant must demonstrate to the satisfaction of the Zoning Hearing Board that the degree of relief is required to accommodate the reasonable development, use or enhancement of the historic resource.
B.
The additional building area and impervious surface coverages permitted by this section may each not exceed 50% of the building area of the historic resource.
C.
Where the requested relief is determined by the Zoning Hearing Board to be essential to the preservation of the historic resource because without such relief it would not be physically or economically possible to maintain the historic resource, the Zoning Hearing Board may, by special exception, reduce such requirements to a greater degree than permitted by this section to protect the historic resource.
§ 114-12D6 Specific requirements for special exception approval.
A.
Application procedures for special exception approval.
(1)
In addition to the special exception application requirements contained in § 114-165 (Special exceptions and variances) of the Township Zoning Ordinance, an applicant seeking special exception approval under the provisions of this article shall submit the following to the Township along with any special exception application:
(a)
Name and address of the record owner and applicant (if different).
(b)
Recent photographs of the historic resource;
(c)
A detailed narrative description of the proposed use(s);
(d)
Any physical changes proposed for the affected historic resource(s) and their surrounding landscape; and
(e)
Any proposed modifications to otherwise applicable area, bulk and parking regulations.
(2)
The application shall be accompanied by an historic resource impact study, as defined in § 114-12D7, below, where any land development or subdivision is proposed on any property that contains any historic resource(s).
(3)
Upon receipt by the Township of a special exception application under this section, such application shall be forwarded to the Historical Commission which shall, at a regular or special meeting, review the application and promptly forward its recommendations to the Zoning Officer for distribution to the Zoning Hearing Board. In formulating its recommendations, the Historical Commission shall consider each of the criteria imposed by this section for the grant of special exception approval.
(4)
Any special exception granted under this article shall expire unless a building permit to perform the work for which the special exception was sought, or a use and occupancy certificate to allow such use, is issued within one year after the same shall have been granted.
B.
Criteria for the grant of special exception approval. Where a use is permitted in the Historic Resource Overlay District by special exception, that use shall not be granted unless the following requirements have been satisfied in addition to those set forth at § 114-165 (Special exceptions and variances) of the Township Zoning Ordinance:
(1)
The applicant shall have the burden of demonstrating that approval of the application will not jeopardize the preservation of the historic resource(s) contained on the property subject to application. To sustain this burden the applicant shall present evidence demonstrating the following:
(a)
The exact location of the area in which the use is proposed to be operated, including, but not limited to, any construction, installation or renovation intended as a part of the proposed use.
(b)
The exterior changes to be made or the exterior character of the structure to be erected.
(c)
The effect of the proposed change upon the general historic and architectural nature of the property.
(d)
The appropriateness of exterior architectural features of structures involved with the proposed work.
(e)
The general design, arrangement, texture, material, scale, mass and color of any affected building, structure or site and the relation of such factors to similar features of other structures on the property.
(f)
That rehabilitation work will not destroy the distinguishing qualities or character of the historic resource and its environment.
(g)
In the event that replacement of contributing architectural features is necessary, the new material should, as closely as possible, match the material being replaced in kind. At a minimum, the composition, design, color, texture and other aesthetic qualities shall be sympathetic to and in character with the historic resource. In instances where original materials are either unavailable or their use economically infeasible, the Zoning Hearing Board may approve the use of materials which are aesthetically consistent with, even if not completely duplicative of, the character of the historic resource, subject to the advice of the Historical Commission.
(h)
Distinctive stylistic features or examples of skilled craftsmanship shall be preserved.
(i)
Changes which may have taken place in the course of time are evidence of the history and development of the building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(j)
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.
(2)
The most current version of the Secretary of the Interior's Standards for Rehabilitation, as amended, shall be used as a guideline in carrying out any plans involving the rehabilitation, alteration or enlargement of historic resource(s).
(3)
Where plans involving the rehabilitation, alteration or enlargement of historic resource(s) will result in all or portions of any such resource(s) remaining unoccupied, such unoccupied resources shall be securely sealed and barred off and the utilities turned off for safety, in a manner not jeopardizing historical integrity, as per the most current construction techniques for historic structures.
(4)
A means to guarantee the permanent protection of the historical integrity of the subject resource(s), such as the establishment of conservation easements or appropriate covenants in a form acceptable to the Township Solicitor, shall be provided.
(5)
The applicant shall have the burden of proving that the historical integrity of the resource has been provided for through the design of the building improvements as well as through implementation of buffering, landscaping, lighting, storage, access and traffic management, interior circulation, loading, parking, fencing, signage and all other land development features.
(6)
The applicant shall have the burden of proving that the grant of the application will not be destructive of the integrity of the historic resource or detrimentally affect the value of surrounding properties.
(7)
The applicant shall demonstrate compliance with the requirements of the underlying zoning district, unless such requirements are expressly modified in this Article XIID or pursuant to zoning relief granted by the Zoning Hearing Board, including, but not limited to, permitted impervious coverage, setbacks and lot size.
(8)
The applicant must comply with the parking requirements for the proposed use as set forth in this article. The Zoning Hearing Board may prohibit any additional parking between the right-of-way and the facade of the building if the Board finds such parking would negatively impact the historical integrity of the resource, subject to the advice of the Historical Commission.
(9)
The applicant must comply with the requirements of this Chapter 114 (Zoning) with respect to signage. The Zoning Hearing Board may condition approval on a reduction in the size of the signage if it determines that the permitted signage will obstruct views required to assure the safety of the public or to retain the historic quality of the property.
(10)
The Zoning Hearing Board may attach conditions to achieve the objectives set forth in this section and to promote the public health, safety and welfare.
§ 114-12D7 Historic resource impact study.
A.
The historic resource impact study shall be prepared by a qualified individual with professional expertise in historic preservation, historical architecture or related disciplines as provided for in 36 CFR Part 61.
B.
Contents. The study shall contain the following information unless the Zoning Hearing Board determines that certain items noted shall not be pertinent to the application:
(1)
Background information.
(a)
If not otherwise provided by the applicant, a site plan, including existing structures, topography, watercourses, vegetation, landscaping, existing drives, etc.
(b)
General description and classification of all historic resources located on the subject tract as shown on the site plan, or on tracts immediately adjacent to the subject tract.
(c)
Statement of the significance of each historic resource, both relative to the Township and region in general.
(d)
Sufficient number of black and white eight-inch by ten-inch photographs of archival quality and a copy of the photographs on a digital source to show every historic resource identified in Subsection B(1)(b) above, in its setting.
(e)
Narrative description of the historical development of the subject tract.
(2)
Proposed change.
(a)
General description and site plan of the project, including time table or phases.
(b)
Description of impact on each historic resource with regard to architectural integrity, historic setting and future use.
(c)
General description of effect of noise and traffic and other impacts generated by the proposed change on any historic resource.
(3)
Mitigation measures. Recommendations for mitigating the project's impact on historic resources, including design alternatives, buffering, landscaping, conservation of existing vegetation and any other appropriate measures permitted under the terms of the Township Code.
(4)
Any other information requested by the Historical Commission or Zoning Hearing Board or required by this article.