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Upper Moreland Township
City Zoning Code

ARTICLE XXIII

Historic Preservation Overlay District

§ 350-144 Legal authorization, purpose and intent.

A. 
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),[1] Upper Moreland Township shall amend its Zoning Ordinance in order to promote, protect and facilitate the preservation of areas of historic significance and to preserve the historic values in the environment. Upper Moreland Township shall create a Historic Preservation Overlay Zone for the regulation, restriction or prohibition of uses, buildings or structures at, along or near places having unique historical, architectural or patriotic interest or value.
[1]
Editor's Note: See 53 P.S. §§ 10603, 10604 and 10605.
B. 
Pursuant to Article I, Section 27, of the Pennsylvania Constitution which states that: "The people have a right to clean air, pure water, and the preservation of the natural, scenic, historic and aesthetic values of the environment."
C. 
It is the purpose and intent of Upper Moreland Township to preserve and protect buildings, structures, sites, objects and districts of historic value that exist within the Township. Upper Moreland Township has many historic resources worthy of preservation from the colonial period, Victorian era, and early suburban development. Preservation of these historic resources is in the best interest of the health, prosperity and welfare of the people of Upper Moreland Township by enhancing property values, improving aesthetics of the built and natural environment, and creating the potential for heritage tourism.

§ 350-145 Definitions.

For purposes of the Historic Preservation Overlay District, the following definitions shall apply:
ADAPTIVE REUSE
Changes to an existing building to accommodate a new function.
ALTERATION
The act of putting an addition onto, removing, repairing, renovating, replacing or modifying materials on the exterior of an historic resource.
CONTRIBUTING HISTORIC RESOURCE
An historic resource in a district that adds to the historic significance of the district.
DEMOLITION
The complete dismantling, removal or destruction of an historic resource.
DEMOLITION BY NEGLECT
The absence of routine maintenance and/or failure to secure a resource from pests or vandals, and/or failure to take responsible measures to prevent ingress of water through the roof, walls, or apertures, leading to causing weakness, decay and deterioration of an historic resource to the point where a building or structure meets standard criteria for condemnation. Also, the intentional act of disregarding the security of an historic resource resulting in degradation by criminal activity for purposes of avoiding the provisions of this chapter.
HISTORIC DISTRICT
A significant concentration, linkage or continuity of buildings, structures, sites or objects joined by plan or physical development. Examples include but are not limited to business districts and industrial areas, residential neighborhoods, college campuses, villages or transportation systems.
HISTORIC RESOURCE
A building, structure, object, site or a contributing resource to an historic district that is historically significant to the nation, state or to Upper Moreland Township. Historic resources may be significant for association with historically important events or people or significant for architecture or building technique.
A. 
CLASS I HISTORIC RESOURCE
An historic resource that is designated a national historic landmark, listed on the National Register of Historic Places, or a contributing resource to a National Register Historic District.
B. 
CLASS II HISTORIC RESOURCE
An historic resource that is not a Class I historic resource, but is considered eligible for the National Register of Historic Places, or a contributing resource to an eligible National Register Historic District. National Register eligibility being determined by inclusion on the Pennsylvania Historical and Museum Commission List of National Register Eligible Resources.
C. 
CLASS III HISTORIC RESOURCE
An historic resource that is not a Class I or Class II historic resource but has been accepted for listing on the Upper Moreland Township Historic Resources Inventory by the Upper Moreland Township Historical Commission.
HISTORIC SITE
Any location that, with or without the existence of buildings, structures, and/or objects whether standing, ruined, or vanished, which has historic, cultural, archaeological, and/or commemorative significance. Examples include but are not limited to battlefields, cemeteries, parks, ruins, scenic views, or natural features.
OBJECT
An item that is primarily artistic or decorative in nature. Examples include but are not limited to monuments, sculptures, fountains or statues.
PRESERVE
The act of altering an historic resource by maintaining and repairing the existing materials and current form of an historic resource for purposes of displaying it as it has evolved through time.
RECONSTRUCTION
The act of rebuilding an historic resource by recreating vanished or nonsurviving elements of an historic resource.
REHABILITATE
The act of making alterations to an historic resource for the purpose of changing its use while also preserving the historic resource.
RESTORE
The act of altering an historic resource by returning it to a particular time period by removing elements of other time periods.

§ 350-146 Establishment of district.

An Historic Preservation Overlay Zone is hereby created to overlay all other zoning districts in Upper Moreland Township. The provisions of the Historic Preservation Overlay Zone shall apply to all historic resources listed in the Upper Moreland Township Historic Resources Inventory. Historic resources on the Upper Moreland Township Historic Resources Inventory shall constitute an overlay to the Upper Moreland Township Zoning Map.[1]
A. 
Additional use regulations in Historic Preservation Overlay.
(1) 
The following uses and no other shall be permitted in the Historic Preservation Overlay Zoning District:
(a) 
Any use permitted in the underlying zoning district in which the resource is located.
(b) 
If a proposed new use is already allowed in an underlying zone, the provisions of this Historic Preservation Overlay Zone shall prevail.
(2) 
In accordance with the specific and general requirements for conditional use approval set forth in this chapter, additional adaptive reuse opportunities may be permitted on all properties listed on the Upper Moreland Township Historic Resources Inventory.
(a) 
Additional adaptive reuse opportunities may include, but are not limited to:
[1] 
Bed-and-breakfast, provided that there shall not be more than seven guest rooms, no guest shall be allowed to stay for more that 14 consecutive days in any six-month period, the size of the building shall be a minimum of 2,000 square feet, breakfast shall be the only meal served and shall be served only to guests, and parking shall be provided at a rate of one space per guest room, which may include on- or off-street parking.
[2] 
Home occupation, including but not limited to doctors, lawyers, engineers, planners, consultants or architects, provided that the occupation has no more than two employees and there are at least five on- or off-street parking spaces.
[3] 
Cultural studio, including but not limited to an artist's studio, craftsman's workshop, music studio, or dance studio, provided that the building shall have a minimum of 2,500 square feet, that no more than two persons shall be employed by the studio, there shall be no more than five students, and there are at least seven on- or off-street parking spaces.
[4] 
Antique store, provided that the building shall have a minimum of 2,500 square feet, have no more than three employees and a minimum of five on- or off-street parking spaces.
[5] 
Gallery or museum, provided that the building shall have a minimum of 3,000 square feet, no more than three employees and a minimum of 10 on- or off-street parking spaces.
[6] 
Accessory apartment, provided that no more than one accessory apartment shall be permitted on the property, that no more than three bedrooms shall be allowed, that the building shall be a minimum on 2,000 square feet, and that at least two on- or off-street parking spaces are provided.
[7] 
Coffee, tearoom, or coffee house, provided that there shall not be more than 40 seats, that the size of the building shall be a minimum of 2,500 square feet, that it shall operate either between the hours of 8:00 a.m. and 2:00 p.m. or between the hours of 4:00 p.m. and 9:00 p.m., that there shall not be more than four employees, and that parking shall be provided at a rate of one space to two seats, which can include on- and off-street parking.
(b) 
Any other similar use, with the approval of the Board of Commissioners as a conditional use.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.

§ 350-148 Additional regulations for historic resources in underlying residential zones.

If an historic resource in the Historic Preservation Overlay Zone is located within an underlying residential zoning district, the following regulations shall also apply:
A. 
No use shall be permitted that creates excessive noise, odor, vibration or smoke.
B. 
Large special events that generate excessive amounts of traffic and cause parking problems are prohibited.
C. 
Signs shall be less than two feet by three feet in size, made of wood, and lighted from an external source.
D. 
Lighting shall be used that reduces glare to adjacent properties.
E. 
Except where specifically stated, the hours of operation shall be between 8:00 a.m. and 9:00 p.m.

§ 350-149 Bulk, area and setback requirements.

The bulk, area and setback requirements of the underlying zoning district shall be relieved by up to 35% for projects involving historic resources within the Historic Preservation Overlay District, provided that the general and specific requirements for conditional use approval (§§ 350-150 and 350-151) have been met.

§ 350-150 General requirements for conditional use approval.

A. 
An applicant for a conditional use approval under the provisions of this chapter shall have to prove to the Upper Moreland Township Board of Commissioners that the change of use to the historic resource will meet the specific requirements for conditional use approval and that the change of use to the historic resource will not be contrary to the public interest.
B. 
In determining if the conditional use will not be contrary to the public interest, the Board of Commissioners will consider whether the conditional use, if granted, will:
(1) 
Not adversely affect the public health, safety and welfare due to changes in traffic, stormwater drainage, air quality, noise, natural environmental resources, neighborhood property values, and aesthetics.
(2) 
Be in accordance with the Upper Moreland Township Comprehensive Plan.
(3) 
Be geographically located in a proximity to other similar uses or zoning districts.
(4) 
Not adversely affect the logical and efficient provision of public services such as refuse collection, police and fire protection, and public water and sewer.
(5) 
Not otherwise adversely affect the public health, safety, morals or welfare.

§ 350-151 Specific requirements for conditional use approval.

A. 
On the date that the conditional use approval is applied for, the subject property must be on the Upper Moreland Township Historic Resources Inventory in order for the application to be valid under the provisions of this chapter.
B. 
If the proposed new use involves alterations to the historic resource, the applicant shall follow the procedures for alterations to historic resources (§§ 350-152 through 350-154).
C. 
If the proposed new use involves a Class I historic resource and includes construction of new buildings and structures on the property, an historic resources impact study (§ 350-155) shall be completed.
D. 
An applicant seeking conditional use approval under the provisions of this chapter shall submit the appropriate application for the conditional use to the Code Enforcement Officer, Advisory Planning Agency, or Board of Commissioners.
E. 
The Code Enforcement Officer, Advisory Planning Agency, or Board of Commissioners shall provide a copy of the application for conditional use approval to the Upper Moreland Township Historical Commission along with the following additional information provided by the applicant:
(1) 
Name and address of the resource owner.
(2) 
A narrative description of the proposed new use.
(3) 
Proposed modifications to applicable bulk, area and setback regulations, if any.
F. 
The Historical Commission shall review the materials at a meeting and draft a list of recommendations concerning how the proposed change in use may impact the historic value of the resource.
G. 
The Historical Commission shall forward a copy of the recommendations to the Code Enforcement Officer, Advisory Planning Agency, and Board of Commissioners, who shall not approve the conditional use application until the list of recommendations has been received or until 15 days have expired from the date of the meeting when the proposed change in use was first reviewed by the Historical Commission.

§ 350-152 Preliminary review for reconstruction, rehabilitation, preservation or restoration of historic resources.

A. 
An applicant who seeks to reconstruct, rehabilitate, preserve or restore Class I, Class II or Class III historic resources on the Upper Moreland Historic Resources Inventory may expedite the Historical Commission review process by seeking preliminary review of the work prior to completing any other required permits or applications or submitting any plans to the Code Enforcement Officer, Advisory Planning Agency, or Board of Commissioners.
B. 
An applicant for the reconstruction, rehabilitation, preservation or restoration of a Class I, Class II or Class III historic resource listed on the Upper Moreland Township Historic Resources Inventory may appear at any meeting of the Historical Commission to get a preliminary review of the proposed work. The applicant shall supply to the Historical Commission:
(1) 
Recent photographs of the historic resource.
(2) 
A detailed narrative description of the physical changes to be made to the historic resource including a list of materials to be used to do the work.
(3) 
A site plan and architectural drawings of the proposed work prepared by a registered architect or engineer.
C. 
The Historical Commission shall review the material at the meeting, based on the criteria for review of alterations to historic resources (§ 350-154). The Historical Commission shall provide preliminary recommendations, if appropriate, to the property owner concerning the proposed preservation, reconstruction, restoration or rehabilitation project. The Historical Commission shall maintain a copy of its preliminary recommendations for each proposed alteration project for future reference and shall also forward a copy of the recommendations to the Code Enforcement Officer.

§ 350-153 Historical Commission review of alterations to historic resources.

A. 
An applicant seeking to make alterations to Class I, Class II or Class III historic resources on the Upper Moreland Township Inventory of Historic Resources shall complete the necessary permits or applications or submit plans as required to Upper Moreland Township. The applicant shall forward copies of the application and/or permit to the Historical Commission along with the following information:
(1) 
Name and address of the resource owner.
(2) 
Recent photographs of the historic resource.
(3) 
A detailed narrative description of the physical changes to be made to the historic resource, including a list of materials to be used to make the alterations.
(4) 
A site plan and architectural drawings of the proposed alterations prepared by a registered architect or engineer.
B. 
The Historical Commission shall meet and review the material based on the criteria for review of alterations to historic resources (§ 350-154). The Historical Commission shall draft a list of recommendations concerning the alterations.
C. 
If the alterations involve a Class I historic resource, the list of recommendations shall be forwarded to the Board of Commissioners, Code Enforcement Officer, and Advisory Planning Agency, who shall not approve the alterations until the list of recommendations have been received or until 105 days have passed from the meeting of the Historical Commission when the alterations were initially reviewed.
D. 
If the alterations involve a Class II or III historic resource, the list of recommendations shall be forwarded to the Code Enforcement Officer and the property owner by the Historical Commission within 14 calendar days of the meeting at which the alterations were initially reviewed. If the property owner and the Code Enforcement Officer agree with the recommendations of the Historical Commission, the appropriate permits shall be issued to the property owner. If the property owner disagrees with the recommendation(s) of the Historical Commission, he or she may appeal to the Board of Commissioners.
E. 
If an owner of a Class II or III historic resource elects to appeal the recommendation(s) of the Historical Commission, the matter will be placed on the agenda of the Advisory Planning Agency or the Community Development Committee by the Board of Commissioners. The Historical Commission will participate in any project reviews by the Advisory Planning Agency, Community Development Committee and the Board of Commissioners relative to proposed alterations of historic properties.
F. 
If an application for a building permit submitted by a Class II or Class III inventory property owner requires a variance or interpretation by the Upper Moreland Zoning Hearing Board, the review and approval process specified by this chapter for such matters shall apply.

§ 350-154 Criteria for review of alterations to historic resources.

Review of alterations to historic resources by the Historical Commission shall be based only on the following criteria:
A. 
The proposed alterations replace, repair or reuse materials that are the same as those that currently exist or historically existed on the historic resource. Substitutions of materials can be made for materials that are expensive, dangerous, unhealthy or rare and can be replaced or repaired with less expensive, safer and more readily available alternatives that are similar in appearance to the original material. Paint shall not be considered a material, and paint colors shall not be subject to review by the Historical Commission.
B. 
The alterations do not involve the removal of architectural features currently on the historic resource, including, but not limited to, brackets, balusters, dormers, cupolas, roofs, door and window trim, projections, or bays that give the historic resource its distinctive characteristics.
C. 
Deteriorating architectural features shall be repaired rather than removing them. If an architectural feature must be removed because of extremely deteriorated condition, it shall be reconstructed in the same fashion as it originally existed.
D. 
The alterations do not involve adding an architectural feature that is out of character for the architectural style or time period when the building was constructed.
E. 
Chemical or physical cleaning, such as sandblasting, power washing, or use of harsh chemicals, shall not be used.
F. 
The spacing and size of windows, doors, and other openings will not be changed, except if changes to the spacing and size of window, door, and other openings is part of a process to preserve or restore the historic resource.
G. 
The alterations except for restorations to the historic resource cannot be seen from the public street or streets that border the historic resource.

§ 350-155 Historic resources impact study for Class I historic resources.

A. 
Upon receipt of an application, plan or a permit that includes the construction of new buildings or structures on a property that has a Class I historic resource status, or on a property that is adjacent to or shares a boundary or a right-of-way with a Class I historic resource, the Board of Commissioners, Advisory Planning Agency, or Code Enforcement Officer shall forward the application, plan or permit to the Historical Commission.
B. 
The Historical Commission shall review the material at a meeting and notify the applicant, the Board of Commissioners, Advisory Planning Agency, and Code Enforcement Officer in writing that an historic resources impact study must be provided for the proposed project. The historic resources impact study shall consist of:
(1) 
A description of the history, architecture, and historic significance of the Class I historic resource that may be affected by the proposed new construction.
(2) 
Recent photographs of the Class I resource that may be impacted by the proposed construction project.
(3) 
A site plan and architectural drawings showing the location of the proposed buildings or structures and architectural details of the proposed buildings or structures.
(4) 
A statement of the possible physical destruction or movement that may occur to the Class I historic resource as a result of the proposed construction project.
(5) 
A statement of how visual, audible or atmospheric changes resulting from the proposed construction project will affect the historic value of the Class I historic resource.
C. 
A person, firm, agency or organization shall be hired by the applicant to complete the historic resources impact study. The persons, firm, agency or organization hired by the applicant shall have a minimum of a graduate degree in the field of historic preservation, history, American studies, art history or a closely related field, or an undergraduate degree in one of the aforementioned fields and a minimum of two years' experience assessing the effects of construction projects on historic resources.
D. 
When the historic resources impact study is completed to the satisfaction of the Historical Commission, the applicant shall supply the Historical Commission with a copy. The Historical Commission shall promptly forward a copy of the study, along with recommendations concerning the impact that the project may have on the Class I historic resource, to the Board of Commissioners, Code Enforcement Officer, and Advisory Planning Agency, who shall not approve any plan, permit or application for the proposed construction project until the recommendations and a copy of the historic resources impact study has been received or until 105 days have passed from the date that the Historical Commission received the completed historic resources impact study.

§ 350-156 Demolition of historic resources.

A. 
No historic resource on the Historic Resource Inventory of Upper Moreland Township may be demolished, in whole or in part, whether deliberately or by neglect, including the removal, stripping, concealing or destruction of any significant exterior architectural features, for whatever purpose, including new construction or reconstruction, unless a building permit therefor is obtained from the Director of Code Enforcement in accordance with the procedures and requirements of this section.
B. 
Upon receipt of an application, plan or a permit that includes the demolition of a historic resource on the Upper Moreland Township Historic Resources Inventory, the Board of Commissioners, Code Enforcement Officer, or Advisory Planning Agency shall forward the application, plan or permit to the Historical Commission.
C. 
The Historical Commission shall request that the applicant appear at a meeting to discuss the reasons for the demolition, possible reuse of the historic resource, and other alternatives for preventing the demolition of the historic resource. The applicant shall supply to the Historical Commission at the meeting:
(1) 
Recent photographs of the historic resource.
(2) 
A site plan and architectural drawings of proposed locations and architectural details of new buildings on the property prepared by a registered architect or engineer.
D. 
If the applicant claims financial hardship, the applicant shall provide the following information to the Historical Commission at the meeting:
(1) 
The sale price of the property.
(2) 
The rental history of the property.
(3) 
An estimate of the cost of demolition.
(4) 
An estimate of the cost of restoration.
(5) 
Documents related to the applicant's financial standing, including but not limited to copies of bank statements, statements of the applicant's investments, the past three years of Pennsylvania and federal income tax forms, annual financial reports, ledgers, budget reports, or other accounting reports, any other documents the Historical Commission deems pertinent to the applicant's financial standing.
E. 
The Historical Commission shall review the material, and the applicant shall be given the option to pursue an alternative to demolition or to demolish the historic resource. The Historical Commission shall consider the following:
(1) 
The effect of demolition on the historical significance and architectural integrity of the resource in question and neighboring resources.
(2) 
Whether the applicant has demonstrated that all alternatives to demolition have been considered.
(3) 
Economic feasibility of adaptive reuse of the resource proposed for demolition.
(4) 
Alternatives to demolition of the resource.
(5) 
Whether the resource in its current condition presents a threat to public safety.
(6) 
Whether the resource has been intentionally neglected.
(7) 
Whether the retention of the resource would represent an unreasonable economic hardship.
F. 
If the applicant chooses to demolish the historic resource, the applicant shall hire a person, firm, agency or organization to document the historic resource to Historic American Building Survey (HABS) standards or, if applicable, to Historic American Engineering Record (HAER) standards. The person, firm, agency or organization hired by the applicant to document the historic resource shall have a minimum of a graduate degree in the field of historic preservation, history, American studies, art history or a closely related field, or an undergraduate degree in one of the aforementioned fields and a minimum of two years' experience documenting historic resources to HABS or HAER standards. HABS and HAER standards are available by contacting the National Park Service or the Pennsylvania Historical and Museum Commission.
G. 
When the documentation is complete to the satisfaction of the Historical Commission, the applicant shall supply the Historical Commission with a copy. The Historical Commission shall promptly forward a copy of the documentation, along with recommendations concerning the proposed demolition, to the Board of Commissioners, Code Enforcement Officer, and Advisory Planning Agency, who shall not approve any plan, permit or application for the demolition of the resource until the documentation and recommendations have been received or until 105 days have passed from the date when the Historical Commission received the completed HABS or HAER documentation.
H. 
If the applicant chooses to pursue alternatives to demolition of the historic resource, the Historical Commission shall draft a list of recommendations and alternatives to demolition, which shall be promptly forwarded to the applicant. The Historical Commission shall also promptly forward a copy of the recommendations and alternatives to demolition to the Board of Commissioners, Code Enforcement Officer, and Advisory Planning Agency, who shall not approve any application, permit or plan to demolish the Class I historic resource.

§ 350-157 Demolition by neglect.

All historic resources listed on the Upper Moreland Township Historic Resources Inventory shall not be subjected to demolition by neglect in order to avoid any provisions of this chapter. If demolition by neglect is suspected by the Historical Commission, it shall provide to the Code Enforcement Officer the owner's name and address, the location of the historic resource, a statement of the condition of the building, and reasons for the suspected demolition by neglect. The Code Enforcement Officer shall investigate or shall request that other law enforcement officials investigate the possible demolition by neglect. If demolition by neglect is proven by the investigation, the enforcement provision of this article shall be applied. Demolition by neglect shall be viewed as demolition occurring without a permit and the landowner shall be required to go through the application and review process as any other.

§ 350-158 Enforcement.

Violation of this chapter by altering, demolishing, demolishing by neglect, or changing the use of a building on the Upper Moreland Township Historic Resources Inventory without having first followed the procedures described in this chapter shall result in enforcement remedies as described in Article XXXI of this chapter.