Delaware County Planning Department Historic Preservation

The Municipalities Planning Code (MPC), specifically Article IV, allows the municipality to use zoning and/or subdivision/land development ordinances to protect historic resources. This can be accomplished by including historic preservation language in amendments to the existing codes.

Whether the surveyed historic resources in a municipality are clustered or widely scattered, a zoning overlay that includes the resources identified in the municipal survey can be adopted into the zoning ordinance. This overlay can apply regulations and incentives in addition to those of the base zoning. These regulations can address such issues as:

Requiring an historic impact study as part of the existing land development process
Demolition of historic resources
Design guidelines
Buffering or visual protection
Protection for archaeological sites
Additional or conditional uses

Additional incentives, such as special and conditional use opportunities, can be given to the property owners of these identified resources. A developer of a property that contains an historic building can be offered incentives to retain the building and reuse it. The incentives could include an expansion in uses, increased density, and parking bonuses. These are all especially valuable in encouraging the reuse of some of the larger, late 19th century homes now too large for a single family. For instance, an historic home in the overlay zone could be used for a flower shop even though it is in a residential zone on the base-zoning map. Concord Township, for example, has enacted an historic zoning overlay with incentives.

To preserve the historical integrity, controls can also be included within these regulations to protect resources. Buffering requirements are invaluable in maintaining the historic setting of some of the resources. Also helpful are the retention of landscaping and outbuildings. Archaeological sites are especially vulnerable to land development projects. Therefore, developers should be required to submit an archaeological assessment plan describing the measures that will be taken to minimize the impact of the project on these resources.

The review body for activities that take place within an historic overlay district is generally an historical commission (described in detail elsewhere). This is an appointed advisory board, but its general responsibilities can consist of more than its review function. Like an historical architectural review board or HARB, the historical commission can review for appropriate treatment within the overlay zones, but it may also become the “keeper” of the history of the municipality and be in charge of updating the survey, providing information distributions to the citizens, and National Register nominations.

The historic resources protected by a zoning overlay must be in the official survey of historical sites adopted into the comprehensive plan. They are usually classified by their level of significance; many municipalities use three classifications:

Class I - Resources listed in or eligible for the National Register
Class II – Resources significant to local history
Class III- All other resources of a certain age

In this manner, a greater degree of control can be given to the higher classifications, and minimal control can be placed on Class III resources.

It provides flexibility of restrictions and incentives.
Areas with a high archaeological potential can be included with protective measures directed toward ground disturbances.
It encourages reuse of historic structures.

The criteria for the classification of the historical and archaeological sites must be precise and thorough to be effective.