Article 21
Historic Overlay District (H)

§14-2101 Purpose.

The purpose of the Historic Overlay District is to promote the cultural and economic general welfare through the preservation and protection of historic places and areas of unique and historic interest in the Borough of Cornwall. Structures or areas with special historic, cultural, architectural, or educational significance enhance the quality of life for all residents of Cornwall Borough. Accordingly, the specific purposes of the Historic Overlay District are:

A.    To safeguard the historic and cultural heritage embodied in historically significant areas of the Borough.

B.    To preserve property values, attract tourists and strengthen the economy of the Borough.

C.    To foster public education and civic pride in the beauty and noble accomplishments of the past.

D.    To establish special development requirements and procedures to assure that new construction, reconstruction, alteration, or demolition of buildings within these districts enhances the character of the district.

(Ord. 2008-1, 6/9/2008, §2100)

§14-2102 Definition of Terms Utilized in the Historic Overlay District.

1.    Historic Structure. Any structure that is:

A.    Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

B.    Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

C.    Individually listed on the Pennsylvania Inventory of Historic Places.

D.    Individually listed in the Lebanon County Survey of Historic Properties by the Pennsylvania Historical and Museum Commission.

2.    Architecturally Compatible. Building design and/or materials that are in harmony with, and do not negatively alter the character of, the existing built environment in the neighborhood. A design or material/color selection is compatible when it does not strongly deviate from its parent building or the overall character of the neighborhood. To be compatible does not require look alike designs, but rather designs that reflect some aspects of its parent building or historic structures in the general vicinity, such as scale of windows, overhangs, building materials, patterns of siding, roof slope. Conversely, incompatibly occurs when an architectural design, landscape design (including fencing) or accessory building proposal is aesthetically harsh or overwhelming in comparison to surrounding historic structures.

(Ord. 2008-1, 6/9/2008, §2101)

§14-2103 Overlay Concept.

The Historic Overlay District and associated Historic Overlay Buffer Areas described above shall be an overlay on any zoning district now or hereafter applicable to any lot, as shown on the Official Borough of Cornwall Zoning Map and, as such, the provisions of this Article shall serve as a supplement to the underlying district provisions.

A.    To the extent the provisions of this Article are applicable and more restrictive; they shall supersede conflicting provisions within all other Sections of this Chapter and all other ordinances of Cornwall Borough. However, all other provisions of all other articles of this Chapter and all other ordinances of Cornwall Borough shall remain in full force.

B.    In the event any provision concerning the Historic Overlay District is declared inapplicable or illegal as a result of any legislative or administrative actions or judicial decision, the regulations of the underlying district shall remain applicable.

(Ord. 2008-1, 6/9/2008, §2102)

§14-2104 Delineation of Historic Overlay Districts and Historic Overlay Buffer Areas.

1.    The Historic Overlay District shall include the following areas:

A.    The portions of the Borough of Cornwall delineated on the Zoning Map as the historic developments in the villages of:

(1)    Burd Coleman.

(2)    Minersvillage.

(3)    North Cornwall.

B.    Individual structures, groups of structures, land or land and structures in combination designated by §14-2102.1 of this Article as historic structures, subject to the provisions of this Article.

2.    The Historic Overlay Buffer Area shall include those portions of the Borough of Cornwall delineated on the Zoning Map which are adjacent to the mapped Historic Overlay Districts defined in subsection 1.A above.

(Ord. 2008-1, 6/9/2008, §2103)

§14-2105 Historic Overlay District and Historic Overlay Buffer Area Provisions.

No building, structure or land occurring within the Historic Overlay District or within a Historic Overlay Buffer Area shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless in conformity with the provisions of this Article, provisions elsewhere in this Chapter and all other applicable State and Federal codes, ordinances, and requirements.

A.    In those portions of the Borough of Cornwall identified in §14-2104.1.A.

(1)    No new construction and/or additions to buildings and structures existing on June 11, 2001, shall be permitted between the front facade of the building or structure and the front property line.

(2)    No new driveways and/or off-street parking areas shall be constructed between the front facade of the building or structure and the front property line.

B.    Historic structures identified in §14-2104.1.B.

(1)    Every subdivision and land development plan shall consider, protect and, to the maximum feasibility, ensure the preservation of the historical resources identified in Cornwall Borough.

(2)    All subdivision and development plans must take into account historical and cultural values of the site and neighboring sites and formulate plans to protect the historical and cultural significance of the subdivision or development.

C.    No demolition of any historic structure as defined in §14-2102.1 or any historical or cultural site deemed having historical value in the Cornwall Borough Comprehensive Plan of 2000 will be permitted without the permission of the Cornwall Borough Council.

D.    All proposed buildings and/or alterations to existing buildings located within a mapped Historic Overlay District as delineated on the Zoning Map and defined in §14-2104.1.A and all proposed buildings and/or alterations to existing buildings located within an adjacent mapped Historic Overlay Buffer Area as delineated on the Zoning Map and defined in §14-2104.2 shall be architecturally compatible with the existing historic structures in the applicable Historic Overlay District. Architectural compatibility shall be determined based on the criteria listed in §14-2108.

(Ord. 2008-1, 6/9/2008, §2104)

§14-2106 Permitted Uses.

All uses permitted by right or by conditional use in the underlying zoning district, except as noted below:

A.    Residential dwelling types shall be limited to single-family detached and single-family semi-detached dwellings.

B.    Conversion apartments shall be permitted by conditional use in accordance with the provisions of §14-2107.1.E herein.

C.    Two-family detached dwellings, two-family semi-detached dwellings, townhouses and garden apartments shall not be permitted.

(Ord. 2008-1, 6/9/2008, §2105)

§14-2107 Conditional Uses.

1.    In order to encourage the preservation of the identified historic resources in the Borough, the following uses may be established in an existing historic structure (as defined in §14-2102.1) by conditional use, upon approval by Borough Council, in underlying zoning districts where not otherwise permitted; provided, the use complies with the conditions listed herein and the applicable requirements specified in Article 30 of this Chapter:

A.    Municipal buildings and community facilities such as museums, libraries, etc., provided that they do not contain restaurants, cafes, membership clubs, or other places offering food, beverages, dancing, or entertainment.

B.    Guest homes, subject to the conditions listed in §14-2610 of this Chapter.

C.    Group day care homes, subject to the conditions listed in §14-2608 of this Chapter.

D.    Day care centers, subject to the conditions listed in §14-2609 of this Chapter.

E.    Conversion apartments, provided that the following conditions are met:

(1)    Each conversion must be an independent dwelling unit.

(2)    The property shall be served by public water and sewer facilities.

(3)    The conversion apartment shall contain a minimum of 350 and a maximum of 875 square feet of habitable floor area; however, no conversion apartment shall occupy more than 40 percent of the area of the single-family dwelling unit nor reduce said unit to less than 700 square feet of habitable floor area.

(4)    A minimum of two off-street parking spaces shall be provided for each dwelling unit.

(5)    There shall be no exterior evidence of the conversion apartment except for the existence of an entrance that is separate and private from that of the single-family dwelling.

F.    The following commercial uses:

(1)    Business and professional offices.

(2)    Medical and/or dental offices or clinics.

Said commercial uses shall also be subject to the requirements of §14-2615.

G.    Home businesses, subject to the conditions listed in §14-2612 of this Chapter.

2.    Any use approved by conditional use shall maintain the historical/architectural character of the historic structure and its compatibility with its surrounding environment.

(Ord. 2008-1, 6/9/2008, §2106)

§14-2108 Architectural Compatibility Criteria.

1.    Architectural Compatibility Requirements–New Construction and/or Additions in Historic Overlay Districts.

A.    Height. The height of the foundation wall, porch roof(s), and main roof(s) of a new building, or an addition to an existing building, shall not deviate more than 25 percent from the heights of surrounding historic structures. In no case shall the maximum height of a building exceed two and one-half stories or 35 feet, which ever is less, unless authorized as a special exception.

B.    Scale. The building footprint of a new building, or an expanded existing building, and the building’s mass in relation to open spaces shall not deviate more than 25 percent from that of surrounding historic structures.

C.    Setback and Rhythm of Spacing. The setback from front and side yard property lines established by adjacent historic structures shall be maintained. Generally, a dominant rhythm along a street is established by uniform lot and building width. Infill buildings shall maintain that rhythm.

D.    Materials, Texture, Details, and Material Color. The materials, texture, details, and material color of a new building’s front and side facades, or an addition to the front or side facade of an existing building, shall be visually compatible, by not contrasting greatly, with surrounding historic structures.

E.    Roof Shape. The roof(s) of a new building, or an addition to an existing building, shall not deviate more than 25 percent from the roof shape, orientation, and pitch of surrounding historic structures.

F.    Orientation. The orientation of a new building’s front facade and gable ends shall be visually consistent with surrounding historic structures.

G.    Proportion and Rhythm of Openings. The relationship of width to height of windows and doors, and the rhythm of solids (walls) to voids (door and window openings) in a new building, or an addition to an existing building, shall not deviate more than 25 percent from the proportion and rhythm of openings in the surrounding historic structures.

H.    Detached Accessory Buildings. Detached accessory buildings shall be located to the rear of the rear building line of the principal building.

2.    Architectural Compatibility Requirements–New Construction in Historic Overlay Buffer Areas.

A.    Height. The height of the foundation wall, porch roof(s), and main roof(s) of a new building, or an addition to an existing building, shall not deviate more than 25 percent from the heights of the historic structures located in the associated Historic Overlay District. In no case shall the maximum height of a building exceed two and one-half stories or 35 feet, which ever is less, unless authorized as a special exception.

B.    Scale. The building footprint of a new building, or an expanded existing building, and the building’s mass in relation to open spaces shall not deviate more than 25 percent from that of the historic structures located in the associated Historic Overlay District.

C.    Setback and Rhythm of Spacing. The setback from front and side yard property lines established by the historic structures located in the associated Historic Overlay District should be maintained. Generally, a dominant rhythm along a street is established by uniform lot and building width. Infill buildings should maintain that rhythm.

D.    Materials, Texture, Details, and Material Color. The materials, texture, details and material color of a new building’s front and side facades, or an addition to the front or side facade of an existing building, shall be visually compatible, by not contrasting greatly, with the historic structures located in the associated Historic Overlay District.

E.    Roof Shape. The roof(s) of a new building, or an addition to an existing building, shall not deviate more than 25 percent from the roof shape, orientation and pitch of the historic structures located in the associated Historic Overlay District.

F.    Orientation. The orientation of a new building’s front facade and gable ends shall be visually consistent with the historic structures located in the associated Historic Overlay District.

G.    Proportion and Rhythm of Openings. The relationship of width to height of windows and doors, and the rhythm of solids (walls) to voids (door and window openings) in a new building, or an addition to an existing building, shall not deviate more than 25 percent from those of the historic structures located in the associated Historic Overlay District.

H.    Detached Accessory Buildings. Detached accessory buildings shall be located to the rear of the rear building line of the principal building.

3.    Additional Requirements in Specific Historic Overlay Districts and/or Historic Overlay Buffer Areas. The following additional requirements shall apply to individual mapped Historic Overlay Districts and their associated Historic Overlay Buffer Areas. Where the requirements of this subsection are more restrictive that other provisions of this Article, the provisions of this subsection shall have precedence.

A.    North Cornwall.

(1)    In the North Cornwall Historic Overlay District and associated buffer area, new dwellings constructed south and west of Race Street shall be oriented so that the front facades of the dwellings face north, and east respectively, toward Race Street.

(2)    The average building footprint of the existing semi-detached historic structures on Race Street is 38 feet wide and 28 feet deep. This average building footprint shall be used as the baseline for the scale of proposed buildings or additions to existing buildings.

(3)    The front facade and gable ends of proposed buildings or additions to existing buildings shall be stone or materials that replicate stone.

(4)    Roof pitch shall range between 8/12 and 12/12.

B.    Burd Coleman.

(1)    The average building footprint of the existing semi-detached historic structures in Burd Coleman is 44 feet wide and 28 feet deep. This average building footprint shall be used as the baseline for the scale of proposed buildings or additions to existing buildings.

(2)    The front facade and gable ends of proposed buildings or additions to existing buildings shall be stone or materials that replicate stone.

(3)    Roof pitch shall range between 8/12 and 12/12.

C.    Minersvillaqe.

(1)    The average building footprint of the existing semi-detached historic structures in Minersvillage is 44 feet wide and 28 feet deep. This average building footprint shall be used as the baseline for the scale of proposed buildings or additions to existing buildings.

(2)    Roof pitch shall range between 8/12 and 12/12.

D.    Procedure for Architectural Compatibility Review.

(1)    Any applicant for approval of proposed construction that is required to comply with the architectural compatibility provisions of this Chapter shall provide information in support of the architectural compatibility of said construction to the Cornwall Borough Planning and Zoning Commission for the Commission’s review and recommendation to Borough Council.

(2)    After receipt of the review and recommendation of the Cornwall Borough Planning and Zoning Commission, the Cornwall Borough Council shall render a decision on the architectural compatibility of the proposed construction.

(3)    No building or zoning permit shall be issued by the Zoning Officer until an approval under the provisions of this Section has been granted.

(4)    During the course of its review of an application, the Cornwall Borough Planning and Zoning Commission and/or the Cornwall Borough Council may retain the services of a qualified architect to provide input to their review. The cost of such review shall be borne by the applicant.

(Ord. 2008-1, 6/9/2008, §2107)