Section 426. Historical Overlay District
SECTION 426. Historical Overlay District
A. Applicability of Regulations
1. These Historic Overlay District regulations shall apply to the Lititz Historic District (also see Article VIII).
2. These regulations shall be administered by the Zoning Officer, with consultation by the Historic Area Advisory Committee (HAAC).
3. Boundaries. The Historic Overlay District shall conform to the boundaries shown on the Historic Resources Map (noted as the Lititz-Moravian Historic District). The Overlay District includes each parcel containing one or more historic resource. An inventory of historic resources has been completed and a map and list of those resources is maintained and available for public inspection at Borough Hall and included in Article VIII of this Zoning Ordinance.
a. All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this Section. In the event of a conflict between the provisions of this Overlay District and the underlying zoning district, the provisions of this Overlay District shall apply.
b. Should the boundaries of the Overlay District be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.
4. Covenants and Easements. It is not intended by this Section to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
B. Purpose. The Historic Overlay District is intended to promote the general welfare of Lititz Borough through the following goals:
1. To promote the retention of community character through preservation of the local heritage by recognition and protection of historic resources.
2. To establish a clear process through which proposed changes affecting historic resources are reviewed by Lititz Borough Zoning Officer and the Lititz Borough Historical Area Advisory Committee (HAAC).
3. To mitigate the negative effects of proposed changes affecting historic resources.
4. To encourage the continued use of historic resources and facilitate their appropriate reuse and/or adaptive reuse.
5. To discourage the demolition of historic resources.
6. To implement the following sections of the Pennsylvania Municipalities Planning Code (MPC):
a. Section 603(b)(5) which states that zoning ordinances may permit, prohibit, regulate, restrict and determine protection and preservation of natural and historic resources;
b. Section 603(g)(2) which states that “zoning ordinances shall provide for protection of natural and historic features and resources”;
c. Section 604(1) which states that “the provisions of zoning ordinances shall be designed to promote, protect and facilitate any or all of the following: …preservation of the natural, scenic and historicvalues…”; and
d. Section 605(2)(vi) whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.
C. General Provisions
1. Identification. The Inventory of Historic Resources in Lititz Borough contains a listing of parcels within the overlay district that contain one or more historic resources as shown on the Historic Resources Map that is maintained, with the corresponding Historic Resource List, at Borough Hall.
2. Criteria for Determination. A building, structure, object, site, or district is depicted on the Historic Resources Map, due to the fact that it:
a. is associated with events that have made a significant contribution to the broad patterns of our local, state, or national history; or
b. is associated with the lives of people, local, state, or national, who were significant in our past; or
c. it embodies the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction (a neighborhood or village for example); or
d. it has yielded or may be likely to yield, information important in history or prehistory (archaeology).
3. Classifications
a. Class I: Buildings, objects, sites, or districts that are
(1) listed on or have received a Determination of Eligibility (DOE) to be listed on the National Register; or
(2) resources within a district that contribute to a National Register listed or eligible district.
b. Class II: Buildings, objects, sites, or districts that are
(1) resources that are deemed by the Borough to substantially meet one or more of the criteria at the local level.
c. Class III:
These are buildings that are less than 50 years old or, if more than 50 years old, have lost their integrity. These buildings are not subject to the provisions herein.
4. Revisions. The Historic Resource Inventory List and Map may be revised from time to time by a Resolution from Lititz Borough Council with recommendations from the Lititz Borough HAAC at a public meeting where the proposed changes shall be presented.
a. Revisions are defined as additions to, deletions from the Historic Resource Inventory List and Map, or changes in classification. Revisions do not include routine list maintenance to update ownership information or to add information about a change that occurred to the building unless the change alters the historic character of the building.
D. Demolition Process Demolition, Removal or Relocation of Historic Resources
1. General Requirements: Demolition, removal or relocation of a historic resource shall be regulated in accordance with this Section. No historic resource shall be demolished, removed or otherwise relocated without a permit obtained under this provision, except for emergency demolition. Emergency demolitions to protect the health, safety and welfare of the citizens of Lititz Borough are regulated under the Borough Property Maintenance Code, Uniform Building Code, or its successors and the provisions of that Code shall take precedence over the provisions contained herein.
2. Application Procedures: When the Zoning Officer receives a complete application, that application shall be forwarded to the Lititz Borough HAAC for their review and recommendations to the Zoning Officer.
3. Criteria for Review:
Applicants for a permit to demolish, remove, or relocate a historic resource in whole or in part shall provide, as part of their application, a written statement as to whether the following statements are correct and provide detailed substantiation for each statement which is believed to be correct. In each instance the burden ofproof is on the property owner to demonstrate that the property owner has been deprived any profitable use of the relevant parcel as a whole. The recommendation of the Lititz Borough HAAC and the decision of the Zoning Officer shall be based upon a review of the information submitted by the Applicant against all criteria and not any one criterion. The Purpose and Community Development Objectives of Section 101 and 102 shall also be considered.
a. It is not feasible to continue the current use.
b. 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.
c. Adaptive use opportunities do not exist due to constraints related to the building, structure or property.
d. The building, it’s permitted uses, and adaptive use potential does not provide a reasonable rate of return, based on a reasonable initial investment. Such reasonable rate of return shall be calculated with respect to the property taken as a whole.
e. The Applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
f. The demolition will not adversely affect the character of the property, streetscape, neighborhood or community.
g. A proposed new building, structure or use (if applicable) on or of the property will not adversely affect the character of the streetscape, neighborhood or community.
h. The building is structurally unsound.
i. The denial of demolition would result in unreasonable economic hardship to the owner.
j. Sale of the building or structure is impossible or impractical.
k. Denial of demolition will deprive the property as a whole of all beneficial use.
4. Review Procedure
a. The Applicant shall be provided an opportunity to present their proposal to the Lititz Borough HAAC at a regularly scheduled monthly meeting. The Zoning Officer shall attend this meeting to listen to the Applicant’s presentation.
b. The written recommendations of the Lititz Borough HAAC shall be forwarded to the Zoning Officer. In making his decision, the Zoning Officer shall consider the recommendations as well as the goals and objectives set forth in the Comprehensive Plan.
5. Associated Land Development Plan:
If the application for a permit for Demolition, Removal or Relocation of a historic resource is being requested to facilitate future development of the land, the said permit shall not be issued until the following additional requirements have been satisfied.
a. approval of the land development plan by the Borough Council;
b. issuance of any necessary zoning approvals; and
c. the recording of the approved subdivision or land development plan for the parcel where the Demolition, Removal or Relocation is proposed.
6. Pre-demolition Requirements
In those instances where an application for demolition is approved, the building s) to be demolished shall be historically and photographically documented. The extent of the documentation shall be determined by the significance of the building(s). When documentation is complete the building shall be dismantled and recycled to the greatest extent possible.
7. Denial of Demolition
If an application for demolition is denied, the applicant may appeal the Zoning Officer’s decision to the Zoning Hearing Board.
8. Enforcement
a. In addition to the enforcement provisions in Section 700, the Zoning Officer may authorize action to withhold issuance of any and all zoning and building permits for a period of up to two (2) years for any property that at the time of the enactment of these provisions, was occupied by a Class I or Class II historic resource that was subsequently demolished, removed or relocated without obtaining a permit as provided for herein.
b. In addition, the Zoning Officer, with the authorization of Borough Council, may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this Section.
E. Demolition by Neglect
1. General Requirements: Demolition by Neglect is the absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation.
a. Codes Violations: If the Zoning Officer and/or the Codes Enforcement Officer has cited a property owner of a historic resource for conditions that has or could lead to structural weakness, decay or deterioration in a building or structure and the property owner fails to correct the condition(s) in the time specified, that property owner may be cited by the Zoning Officer also for demolition by neglect under these provisions and be subject to the penalties contained herein.
b. The owner of unoccupied Principal or Accessory Buildings or Structures that have been cited for violations shall develop a written maintenance program for the protection of any and all unoccupied Class I or Class II historic resources. Said maintenance program shall be established in accordance with Lititz Borough Property Maintenance Code. A copy of the maintenance program shall be filed with the Zoning Officer, with Borough Council’s authorization, and implementation begun in accordance with an established timetable.
(1) The maintenance program shall address measures 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 may not be limited to: roof, chimney(s), cornice, soffit, fascia, spouting, columns, beams, posts, as well as window and door sills, lintels and jambs.
(2) The exterior and interior of the building or structure shall be inspected no less than annually by the Zoning Office with the owner or the owner’s agent to determine code compliance with the established maintenance program.
2. Enforcement
a. In addition to the enforcement provisions in Section 700, the Zoning Officer may authorize action to withhold issuance of any and all zoning and building permits for a period of up to two (2) years for any property that at the time of the enactment of these provisions, was occupied by a Building or Structure that was subsequently emolished by neglect.
Except that permits may be issued for the abatement of any cited condition governed by Lititz Borough.
b. In addition, the Zoning Officer may take other appropriate legal action, which may include equitable and injunctive relief, to enforce the provisions of this Section.
F. Additions, Alterations, Rehabilitation and Reconstruction
1. General Requirements. No alterations, additions, reconstruction or rehabilitation to a historic resource visible from a public way shall be allowed without approval obtained pursuant to these provisions issued by the Zoning Officer. Completed applications will be reviewed by the Lititz Borough HAAC. The Applicant will have the opportunity to present the proposed project to the Lititz Borough HAAC. The Lititz Borough HAAC shall review the proposed alterations, additions, reconstruction or rehabilitation, based upon The Secretary of the Interior’s Standards for the Treatment of Historic Properties.
The Lititz Borough HAAC shall submit written recommendations to the Zoning Officer for his/her review and decision. Challenges to decisions of the Zoning Officer go to the Zoning Hearing Board for review. Any proposed alteration, addition, reconstruction or rehabilitation within the Historic Overlay District should be in substantial compliance with the standards as stated below:
a. A property should 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 should be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property should be avoided.
c. Each property should 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 historic significance in their own right should be retained and preserved.
e. Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property should be preserved.
f. Deteriorated historic features may be repaired or 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 will be substantiated by documentary, 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 resources 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.
3. Application Procedures
a. Applications for any proposed alteration, addition, reconstruction or rehabilitation of a historic resource shall comply with the provisions in this section. The completed application shall be submitted to the Zoning Officer and shall include:
(1) a written description of the proposed alteration, addition, reconstruction or rehabilitation; and, where applicable:
(i) A site plan at a scale designated by the Zoning Officer;
(ii) Schematic architectural drawings of the proposed construction or alterations;
(iii) Materials list, color samples, and disposition of existing materials;
(iv) Photographs.
4. Review Procedures.
a. Completed applications shall be received two (2) weeks before the next regularly scheduled meeting of the Lititz Borough HAAC to be placed on the agenda for review at that meeting.
b. Applicant Notification. At the time the completed application is submitted, the Applicant shall be notified of the date, time and place at which the Lititz Borough HAAC will review the application. The Applicant or his representative shall attend to explain the application.
c. Criteria for Deliberation.
The Standards for Historic Properties as listed above shall be the criteria considered in the review. Any proposed work requiring approval shall be in substantial compliance with the Standards.
d. The Lititz Borough HAAC recommendations shall include findings of fact related to the specific proposal and shall set forth the reasons for the recommendation for approval, with or without conditions, or for denial.
e. Within five (5) business days of the meeting, the Lititz Borough HAAC shall submit their written recommendations to the Zoning Officer for his/her decision to:
(1) Approve the application.
(2) Deny the application.
(3) Approve the application subject to specified changes and/or conditions to bring the proposed activity into compliance.
G. New Construction
1. Design Guidelines – Basic Principles. In addition to the Form-Based Code regulations of Article VIII, the following shall apply to New Construction. New construction in the Historic Overlay District has the potential to add to or detract from the surroundings. To retain community character new construction shall achieve compatibility through appropriate massing shape, size, materials, orientation, setback and the like:
a. Size, Scale, and Proportion. New construction should relate to the dominant proportions, size and scale of the buildings in the surrounding area.
b. Shape and Massing. New construction should incorporate massing, building shapes and roof shapes that are present in the surrounding area.
c. Materials. Building materials should be compatible with those of buildings in the surrounding area. Traditional materials that are common to the area, such as brick, wood, and stone are preferred.
d. Patterns and Rhythm. The rhythm of facades along the street and the components thereof should be maintained. Large buildings can be divided into bays to reflect rhythms exhibited by smaller structures.
e. Cornice and Floor-to-Floor Heights. New construction should continue the floor-to-floor and cornice heights that are dominent in the surrounding area, or incorporate detailing to suggest those heights.
f. Windows and Doors. New construction should use window and door openings of design and size typical of those in the surrounding area.
g. Orientation. Principal facades of new construction should face the same direaction as other existing buildings on the street or as indicated by predominant patterns in the surrounding area.
h. Location. New construction shall not be placed in a way that adversely affects a historic resource or streetscape in terms of proximity or visually.