West Caln Township City Zoning Code

To promote the general health, prosperity, and welfare by protecting the integrity of the historic resources of West Caln Township.

To establish a clear process by which proposed land use changes affecting historic resources can be reviewed by the Township.

To mitigate the negative effects of proposed changes on historic resources.

To encourage the continued use of historic resources and facilitate their appropriate reuse.

To tailor protective measures to historic resources in West Caln Township worthy of preservation.

To encourage the preservation of historic settings and landscapes.

To discourage the unnecessary demolition of historic resources.

To implement the goals of the West Caln Township Comprehensive Plan related to the protection of historic resources.

West Caln Township shall maintain an updated West Caln Township Historic Resources Survey which shall list each historic resource to which regulations herein apply, along with the tax parcel number, street address of the property on which the resource(s) is located, owner's name, and type of historic resource. The list may include additional data such as the year the resource was built, architectural style, building material, and other relevant data.

The West Caln Township Historic Resources Survey may be revised from time to time by a resolution from the Board of Supervisors, with recommendations from the Historical Commission. A revision shall be defined as the addition of a historic resource to the list or the deletion of a historic resource from the list. Revisions do not include routine list maintenance to update ownership information, data related to a resource, or to add information about a change that occurred to a historic resource unless the change alters the historic character of the resource.

Is listed individually on the National Register of Historic Places.

Is listed on the National Register of Historic Places as a contributing resource to a National Register listed historic district, or determined by the PHMC to be a contributing resource to a Certified Local Historic District.

Has received a Determination of Eligibility (DOE) for listing either individually or as part of a historic district on the National Register of Historic Places.

Is associated with an event(s) that has made a significant contribution to the broad patterns of the history of West Caln Township, the region, state, or nation.

Is associated with the life of a person (or lives of persons) significant in the history of West Caln Township, the region, state, or nation.

Represents the developmental, cultural, social, political, or economic heritage of West Caln Township, the region, state, or nation.

Embodies the distinctive characteristics of an architectural style, or a type, period, or method of construction; or possesses distinctive engineering characteristics; or possess high artistic value.

Represents a significant and distinguishable entity whose components may lack individual distinction.

Has yielded, or may be likely to yield, information important in history or prehistory, such as an archaeological site.

Represents the work of a designer, architect, landscape architect, engineer, contractor, or builder whose work has significantly influenced the historical, architectural, economic, social, or cultural development of West Caln Township, the region, state, or nation.

Contains elements of design, detail, materials, or craftsmanship which represent a significant innovation.

Is part of or related to a neighborhood, community, commercial center, park, or other distinctive area which should be preserved according to a historic, cultural, or architectural motif.

Is an established and visual feature that helps to define the character of a neighborhood, community, or the Township due to its notable location or physical characteristics.

Is part of the surroundings of a historic resource, or the viewshed into or out of a historic district or grouping of historic resources, and contributes to the integrity, understanding, and appreciation of the contextual landscape of the historic resource, historic district, or grouping of historic resources.

No historic resource shall be demolished by neglect. Demolition by neglect includes, but is not limited to, leaving a building or structure open or vulnerable to vandalism or decay by the elements. Unoccupied structures shall be tightly sealed and fenced off in accordance with those standards set forth in the Township Building Code.

The Zoning Officer shall evaluate the condition of any historic resource where demolition by neglect may be occurring based on § 350-2004A(1) above and the criteria contained in the currently adopted edition of the International Property Maintenance Code, and shall notify the Historical Commission of any such instance where, in his opinion, demolition by neglect is occurring.

Within 45 days of the notification by the Zoning Officer of a historic resource believed to be undergoing demolition by neglect, the Historical Commission, at a regular or special meeting, shall review the results of the Zoning Officer's inspection. The property owner or authorized agent shall be notified of the meeting by the Township at least 10 days prior to its date and shall have the opportunity to present testimony pertaining to the claim of demolition by neglect. The Historical Commission shall consider:

Within 30 days of its meeting, the Historical Commission shall forward written findings to the Zoning Officer and Board of Supervisors relative to the claim of demolition by neglect.

Enforcement. Demolition by neglect shall constitute a violation of this chapter as provided under the terms of § 350-2011. The Zoning Officer shall submit regular and timely reports to the Historical Commission regarding the status of the situation and the results of any enforcement.

No historic resource shall be demolished, in whole or in part, including the removal, stripping, concealing, or destruction of any significant exterior architectural features, unless a demolition permit is obtained from the Township Zoning Officer in accordance with the procedures and requirements of this Article, and other applicable standards and procedures of this chapter and the Building Code as adopted by the Township, and in the case of a subdivision or land development plan, until the final plan has been approved by the Board of Supervisors and recorded by the Chester County Recorder of Deeds. The provisions of this section shall not be construed to prevent the ordinary maintenance or repair of any historic resource where such work does not require a permit and where the purpose and effect of such work is to correct any deterioration or decay of, or damage to, a historic resource and to restore the same to its condition prior to the occurrence of such deterioration, decay, or damage.

Procedure for obtaining demolition permit. The applicant shall submit one copy of an application for a demolition permit in a form acceptable to the Township. If the Township determines that the permit request is for the demolition of a historic resource, the Zoning Officer shall not issue the demolition permit and the application shall be forwarded to the Historical Commission for review.

Information to be provided. In addition to applicable requirements under the Building Code, an applicant seeking a permit to demolish a historic resource shall provide the following information with the application:

Review by Historical Commission. Within 45 days of receipt of a complete application from the Zoning Officer, the Historical Commission, at a regular or special meeting, shall review the application for demolition. The applicant shall be notified of the meeting by the Township at least 10 days prior to its date and shall have the opportunity to present his reasons for filing the application. The Historical Commission shall consider the following:

Historical Commission recommendation. Within 30 days following conclusion of the meeting to review the application for demolition, the Historical Commission shall set forth its findings and one of the following recommendations in a written report to the Board of Supervisors:

Within 30 days of receiving the recommendation from the Historical Commission, the Board of Supervisors shall consider the application, together with the findings and recommendations of the Historical Commission, and vote either to approve the application, approve the application with changes or defer its decision, affording a delay of demolition for up to 90 days as set forth in § 350-2004D, below. The applicant shall be notified of the meeting of the Board of Supervisors by the Township at least 10 days prior to its date, and shall have the opportunity to present his reasons for filing the application. Within five days of making its decision, the Board of Supervisors shall provide written communication of its decision to the applicant, Historical Commission, and Zoning Officer.

Issuance of demolition permit. Where the Board of Supervisors acts to approve the application, it shall authorize the Zoning Officer to issue the permit. Where the approval is granted with conditions attached, the Zoning Officer shall be authorized to issue the permit upon receipt from the applicant of written acceptance of those conditions.

The specified period of delay up to 90 days from the date of the Board of Supervisors' written decision shall be used to provide an opportunity to engage in a dialogue with the applicant about alternatives to demolition; to allow for complete historical documentation of the resource; and/or for preparation of a financial analysis. The Historical Commission shall make every effort to open a dialogue with the applicant to inform him of the historical importance of the resource, its significance to the Township, and alternatives to demolition (additional uses, etc.).

Historical Commission recommendation. Once the delay of demolition has expired the Historical Commission shall review the application again and any further documentation requested by the Board of Supervisors at its next regular meeting. The applicant shall be notified of the meeting by the Township at least 10 days prior to its date, and shall have the opportunity to present his reasons for continuing with the application. The Commission may recommend to the Board of Supervisors approval of the demolition permit or, where the Commission does not believe that the applicant has proven undue economic hardship or the lack of a reasonable alternative to demolition, it may recommend denial of the demolition permit.

Approval or denial of demolition permit for historic resources after delay of demolition:

Upon receiving a report of substantial compliance from the Historical Commission, and providing the plans satisfy all other requirements of the Township, the Zoning Officer shall issue the permit.

If the Historical Commission's report indicates that the plans are not in compliance with the terms of § 350-2006, the Zoning Officer shall not issue the permit until the applicant has met with the Historical Commission to discuss his plans and the Historical Commission's suggested changes to the plans. This meeting shall be held within 30 days of the Historical Commission report. The purpose of the meeting shall be to reach mutual agreement on the suggested changes. If no agreement is reached, the Historical Commission shall send the matter to the Board of Supervisors for a final determination.

Residential conversion in accordance with § 350-1132.

Conversion of any structure designated as a historic resource into a single-family detached dwelling, single-family detached (twin) dwelling, or townhouse.

Bed-and-breakfast.

Artist studio or crafts workshop. Such workshops may include lapidary work, hand-woven clothing and textiles, rug weaving, basket making, and similar crafts.

Business office or professional office that is characterized by low occupant density and low frequency of customer, client, and vendor visitation.

Personal service shop, including tailor, barber, beauty salon, dressmaking, or similar shop, but not including dry cleaning or laundromat;

Repair services, including small appliances, small business machines, watches, household furnishings, shoes, bicycles and locks, but shall not include any motorized vehicle;

Other use deemed by the Board of Supervisors to be necessary for the preservation of the subject historic resource.

The maximum total size of signs, including support, shall be six square feet, and the maximum height or width of signs shall be three feet.

Signage of any type shall not be displayed in any window or door of an historic resource unless recommended in writing by the Historical Commission and approved by the Board of Supervisors.

No more than one sign may be erected on any one street frontage of any lot.

Signs shall be of materials and colors that are consistent with the historic character and architectural style of the historic resource. Natural materials such as wood, brick or stone are preferred for signs relating to historic resources. Lighting of signs, including internally illuminated signs or LED electronic variable messaging signs (EVMS) or changeable display sign (CDS) style shall not be permitted in relation to a historic resource.