MapLink™ | Procedures | Additional Requirements for Conditional Use Approval for Historic Resources

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Additional Requirements for Conditional Use Approval for Historic Resources
(1) Where the historic resource is located in a local historic district, the work of the Historical Commission under this subsection shall be performed by the Board of Historical Architectural Review.

(2) An applicant seeking conditional use approval under the provisions of § 155-11.1H shall submit the appropriate application to the Director of Building and Planning in accordance with the provisions of § 155-11.1F. The information to be provided shall include the following:
(a) Name and address of the record owner and applicant (if different).
(b) Site plan showing all buildings and structures on the property.
(c) Recent photographs of the historic resource.
(d) A detailed narrative description of the proposed use(s).
(e) Any physical changes proposed for the affected historic resource(s) and their surrounding landscape.
(f) Any proposed modifications to otherwise applicable form and parking regulations.

(3) The application shall be accompanied by an historic resource impact study, in accordance with § 155-7.1J, Historic resource impact study, where any land development or subdivision is proposed on:
(a) Any property that contains a Class 1 or Class 2 historic resource(s).
(b) Any contributing property within the boundaries of any National Register historic district, any local historic district or any historic neighborhood.

(4) The Director of Building and Planning shall forward the complete application to either the Board of Historical Architectural Review or the Historical Commission and the Planning Commission in accordance with § 155-11.1F. The Historical Commission (or the Board of Historical Architectural Review), at a regular or special meeting, shall review the application for conditional use and shall promptly forward its recommendations to the Director of Building and Planning for distribution to the Building and Planning Committee of the Board of Commissioners. In formulating its recommendations, the Historical Commission (or the Board of Historical Architectural Review) shall consider each of the criteria imposed by this section for the grant of conditional use approval.

(5) The Building and Planning Committee and the Board of Commissioners shall act upon the application in accordance with the provisions of § 155-11.1F. The Building and Planning Committee may refer the application to a hearing officer to conduct any hearings and make recommendations to the Committee.

(6) Any conditional use permit granted under this subsection shall expire within one year, unless one of the following conditions is met:
(a) A building permit to perform the work has been issued.
(b) An occupancy permit to allow such use has been issued.

(7) Criteria for the grant of conditional use approval. Where a use is permitted in an Historic Resource Overlay District by conditional use, that use shall not be granted unless the following requirements have been satisfied in addition to those set forth in § 155-11.1F.
(a) 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:
[1] The exact location of the area in which the work is to be done.
[2] The exterior changes to be made or the exterior character of the structure to be erected.
[3] A list of the surrounding structures with their general exterior characteristics.
[4] The effect of the proposed change upon the general historic and architectural nature of the property.
[5] The appropriateness of exterior architectural features of structures involved with the proposed work.
[6] 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.
[7] That rehabilitation work will not destroy the distinguishing qualities or character of the historic resource and its environment.
[8] 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 Board may approve the use of materials which are aesthetically consistent with, even if not completely duplicative of, the character of the historic resource.
[9] Distinctive stylistic features or examples of skilled craftsmanship shall be preserved.
[10] 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.
[11] 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.

(8) The most current version of the Secretary of the Interior's Standards for Rehabilitation of Historic Structures, as amended, shall be used as a guideline in carrying out any plans involving the rehabilitation, alteration or enlargement of historic resource(s).

(9) 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.

(10) A means to guarantee the permanent protection of the historical integrity of the subject resource(s), such as the establishment of conservation easement(s) or appropriate covenants in a form acceptable to the Township Solicitor, shall be provided.

(11) 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.

(12) 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.

(13) The applicant must comply with the parking requirements for the proposed use as set forth in Article VIII, Parking Standards. The Board of Commissioners 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.

(14) The applicant must comply with the requirements of this chapter with respect to signage. The Board of Commissioners may approve on reduction in the size of the signage if it finds that the permitted signage will obstruct views required to assure the safety of the public or to retain the historic nature of the property.

(15) The Board of Commissioners may attach conditions to achieve the objectives set forth in this section and to promote the public health, safety and welfare, which conditions may relate to any aspect of the proposed use of the property, including but not limited to buffering, parking, signage, traffic volume and flow, hours of operation, noise and odor emission.

(16) Where the Board of Commissioners waives any requirement which thereby increases the rate or volume of stormwater generated on the property, the additional rate and/or volume of runoff caused by such waiver shall be controlled for the 100-year storm.