City of Sunbury, PA Article XVIII Historic District

[Added 10-14-1996 by Ord. No. 1204; amended 9-22-2006]

§ 175-116 General provisions.

A. District created. This article creates the City of Sunbury Historic District within the geographic boundaries of the City of Sunbury; defines the terms used in this article; defines the boundaries of the Historic District; creates an Historical Architectural Review Board to advise the City Council on issuing certifications of appropriateness for permits to erect, demolish or alter buildings within the Sunbury Historic District; and provides for appeals for refusals and for changes in procedures in the Code Administration Office necessary to carry out the provisions of this article and for notifying the Pennsylvania Historical and Museum Commission of the pendency of this article and for obtaining a certificate as to the historic significance of the district within the limits defined in this article.

B. The title of this article is the "City of Sunbury Historical District Ordinance."

C. Statutory authorization. This article is enacted in accordance with the provisions of the Pennsylvania enabling legislation, the Historic District Act of June 13, 1961 (Act 167, as amended).[1]

[1] Editor's Note: See 53 P.S. § 8001 et seq.

D. Purpose. This article is enacted to:

(1) Protect an architecturally distinctive and historic area of Sunbury;

(2) Encourage interest in Sunbury's past;

(3) Promote the general welfare and education of the City's people;

(4) Improve property values;

(5) Enhance the City's attractiveness to residents and visitors; and

(6) Stimulate business and strengthen the City's economy.

E. Interpretation. All standards in this article are to be interpreted as minimums required. Nothing prevents property owners from using a higher standard as long as it shall meet or exceed the standards as set forth in this article.

F. Conflicts with other laws. Should any provision in this article conflict with any law of the United States or the Commonwealth of Pennsylvania, the federal or state law shall govern. Such conflicts shall not affect the validity of the remainder of this article.

G. Repealer. All ordinances inconsistent with this article are hereby repealed to the extent of inconsistency only.

H. When effective. This article shall not take effect until the Pennsylvania Historical and Museum Commission has been notified, in writing, of the enactment of this article and has certified, by resolution, to the historical significance of the Historic District of the City of Sunbury as defined in § 175-117C hereof and has transmitted its certifying resolution to the City of Sunbury pursuant to 53 P.S. § 8002. If such enactment and certification has been established by any previous ordinance, the effective date shall be that of the enactment and ordination of this article by the Council of the City of Sunbury as listed in Subsection I.

I. Review. The Council of the City of Sunbury will review this article after the expiration of a period of one year following its effective date in order to reevaluate it at such time and determine whether any amendments hereto are deemed advisable or necessary. In the absence of any such review or amendments, however, this article shall continue in full force and effect without interruption.

§ 175-117 Definitions.

A. Application and interpretation. It is not intended that these definitions include only words used or referred to in this article. The words are included in order to facilitate the interpretation of this article for administrative purposes and in the carrying out of duties by the Board of Historical Architectural Review, the City Council and the Code Administration Office.

B. Unless otherwise expressly stated, the following shall, for the purpose of this article, have the meaning herein indicated:

(1) Words in the present tense include the future tense.

(2) The word "person" includes a for-profit or nonprofit corporation, company partnership or individual.

(3) The word "building" includes "structure."

(4) The word "shall" is always mandatory.

C. Terms defined. For this article, the following words are defined:

ALTERATION

The changing of any exterior architectural feature of a structure.

BOARD

The City of Sunbury Historic Architectural Review Board.

BUILDING

A structure with a roof supported by columns or walls and intended for shelter or storage of people, animals or chattel.

BUILDING PERMIT

See definition of "permit."

CERTIFICATE

Certificate of appropriateness.

CERTIFICATE OF APPROPRIATENESS

The approval statement signed by the Council of the City of Sunbury which authorizes the construction, alteration or razing of all or part of a building within the Historic District and which authorizes the issuance of a building permit for said request.

CODE ADMINISTRATION OFFICE

The Code Administration Office of the City of Sunbury.

COMMISSION

The City of Sunbury Planning Commission.

COMMONWEALTH

The Commonwealth of Pennsylvania.

CONDITION

The structural stability and level of maintenance of a building.

CONSTRUCTION

Building an addition to an existing structure or erecting or placing a structure on a property.

CONTRIBUTING BUILDINGS

Buildings at least 50 years old that represent a vernacular architecture. Buildings that contribute to the district's distinction yet may not be of special significance individually; properties designated as "contributing" on the site survey update.

COUNCIL

The governing body of the City of Sunbury.

DEMOLITION

Destruction, the dismantling or tearing down of all or part of any building or structure and all operation incidental thereto.

EVALUATION CRITERIA

Maintenance, restoration and renovation standards to preserve the historic and architectural characteristics of the structures in the Historic District.

EXTERIOR ARCHITECTURAL APPEARANCE

The architectural character and composition of a structure's exterior. This includes the building materials and the design, number, type and style of windows, doors, fixtures, porches and appurtenant elements along with finishes applied thereto.

HARB

The City of Sunbury Historic Architectural Review Board.

HISTORIC DISTRICT

The area of the City of Sunbury, with any subsequent additions, created by ordinance of the City of Sunbury pursuant to the Pennsylvania Historic District Act of June 13, 1961 (Act 167, as amended),[1] subject to the regulations contained herein, and listed on the National Register of Historic Places. Even though Sunbury's Historic District is composed of sites, buildings, structures, and objects that would not qualify individually, the identity and value of the district results from the density of structures and from their interrelationships rather than from individual, significant structures.

INTEGRITY

The degree to which a building retains its original design, materials and character.

MAYOR

The chief executive of the City of Sunbury.

NOTABLE BUILDINGS

Buildings at least 50 years old or those having local historic importance or embodying the distinctive characteristics of a type, period, or method of construction; properties designated "notable" on the site survey update.

PERMIT/BUILDING PERMIT

A certificate issued by the Code Administration Office which approves and authorizes the erection, repair, alteration or demolition of part or all of a structure in the Historic District, subject to the provisions of this article.

PUBLIC STREET OR WAY

Any land dedicated to public use or passage, including, but not limited to, streets, alleys, parks, pedestrian rights-of-way and other public rights-of-way, whether constructed, dedicated or proposed.

RECONSTRUCTION

Remaking or rebuilding all or part of a building not necessarily using original materials.

REPAIR

Replacing existing features with equivalent materials for maintenance without adding, changing or modifying the original construction or types of finishes applied thereto.

RESTORATION

Returning all or part of a building to its original state or nearly original state by using original or nearly original materials, including finish materials applied thereto.

SITE SURVEY

Evaluation of all properties within the Sunbury Historic District to determine the location, ownership, tax number and building classification. The site survey may also include approximate date of construction, architectural style, features of historic significance, current condition and/or integrity.

STATE

The Commonwealth of Pennsylvania.

STRUCTURE

Anything constructed, erected or placed that requires a permanent location on the land, including walls, fences, gates and other nonvegetative landscape elements.

SUPPLEMENTAL BUILDINGS

Buildings built less than 50 years before the enactment of this article or that are of little or no historic or architectural merit at this time; properties designated as "intrusion" on the site survey update.

[1] Editor's Note: See 53 P.S. § 8001 et seq.

§ 175-118 District description, map and boundaries.

A. District description. Starting at a point at the intersection of North Front Street and the northwest corner of Lot No. 1-1-19 in the City of Sunbury, County of Northumberland, Pennsylvania; then moving in an easterly direction along the rear of lots fronting on the north side of Arch Street to the eastern line of the ConRail Railroad right-of-way, the same being parallel to North Third Street; then north along said right-of-way to the intersection with Race Street; then east to the intersection with the eastern line of Railroad Street; then south along Railroad Street to a point at the rear of lots fronting on the north side of Arch Street; then moving in an easterly direction to the intersection with the eastern line of North Fourth Street; then along the east side of North Fourth Street to the intersection with the rear of lots fronting on the north side of Market Street; then moving in an easterly direction to the intersection with the west side of Fairmount Avenue; then along Fairmount Avenue and the west side of Tenth Street to the rear of lots fronting on the south side of Market Street; then moving in a westerly direction to the west side of South Fifth Street; then south along South Fifth Street to the south side of Chestnut Street; then west along Chestnut Street to the southeast corner of Awl and Chestnut Streets; then along the east side of Awl Street to the rear of lots fronting on the south side of Chestnut Street; then moving in a westerly direction to the intersection with the northeast corner of Lot No. 2-1-144A, then south along the rear line of Lot No. 2-1-144A to the southern line of Lot Nos. 2-1-144A and 2-1-144 to the intersection with South Front Street, then north along South and North Front Streets to the point of beginning; the same being the area more properly described as the "Sunbury Historical District with Additions."

B. Adoption of District Map. The Sunbury Historic District Map, together with all additions shown thereon, is hereby adopted by reference and declared to be part of this article. Said Historic District Map shall be identified by the signature of the Mayor, properly attested, and shall bear the City Seal. This official Historic District Map shall be identified by certification to the effect that: This official map of the City of Sunbury Historic District is hereby adopted on the 22nd day of September, 2006, as part of Ordinance No. 1249-2006 of the City of Sunbury, Northumberland County, Pennsylvania.

C. District boundaries.

(1) District boundary lines are intended to follow or be parallel to the right-of-way line of streets, streams and railroads; and lot or property lines as they exist on a recorded deed or plan of record in the Northumberland County Recorder of Deeds office at the time of the adoption of this article, unless such district boundary lines are fixed by dimensions as shown on the Sunbury Historic District Map and as described in Subsection A above.

(2) Where a district boundary is not fixed by dimensions and where it approximately follows lot lines and where it does not scale more than 10 feet therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.

(3) In unsubdivided land or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map or by survey of a registered surveyor hired and paid for by the property owner questioning or contesting the boundary location.

§ 175-119 Historic Architectural Review Board.

A. Creation and membership. An Historic Architectural Review Board (HARB) is hereby created and shall be composed of seven voting members appointed by the City Council. One member shall be a registered architect; one shall be a licensed real estate broker; two shall be resident property owners in the Historic District; two shall have knowledge of and interest in preservation of historic structures; one shall be a building contractor; and one shall be a nonvoting member representing the Code Administration Office.

B. Terms of office. Of the initial voting appointees to the Board, one shall be designated until the first day of January following the date of this article, two until the first day of the second January thereafter, two until the first day of the third January thereafter and two until the first day of the fourth January thereafter. Their successors shall be appointed on the expiration of their respective terms to serve four-year terms.

C. Vacancies. The term of the registered architect, the licensed real estate broker or the Code Enforcement Officer shall be considered vacant if the member no longer engages in the occupation. The membership of the resident or property owner in the district shall cease if the member no longer resides or owns property in the district. The Board shall promptly notify the City Council of vacancies. Vacancies shall be filled for the unexpired term.

D. Removal of members. A Board member shall be removed based upon a majority vote of the City Council. Removal of a Board member may occur at any time and without cause. The Board has the right to make suggestions to the City Council if removal is recommended.

E. Meetings; voting procedures. The Board shall meet once each month if the Code Administration Office has submitted applications for review. Officers, elected from the membership, shall serve annual terms and may succeed themselves. A quorum of a majority of the Board as a whole shall be required to conduct meetings. Affirmative action shall require a majority vote of the quorum. No Board member shall take part in a discussion or a vote on issuing a certificate of appropriateness for any property in which that member has any direct or indirect interest. Board action shall be noted and maintained as part of the required application for building permit retained in the records of the Code Enforcement Officer. The chairperson of the Board shall be available, with reasonable notice, to confer with the City Council regarding any official action of the Board.

F. Expenditures for services. Within the limits of funds appropriated by the City Council, the Board may employ or contract for technical and clerical services. Board members shall serve without compensation, except that the City Council may reimburse members for expenses incurred in the performance of their duties.

G. Functions of Board.

(1) The primary function of the HARB shall be to advise Sunbury's City Council on issuing certificates of appropriateness pursuant to this article.

(2) The HARB shall apply the guidelines included in this article and shall require plans, drawings or other information necessary to review and recommend the certificate of appropriateness.

(3) The HARB shall adopt procedures for implementation of this article.

(4) The Board shall participate, as requested, with the Northumberland County Historical Society to conduct ongoing surveys to document the historical and architectural significance of buildings and sites in the Historic District, maintain a register of structures and conduct public education programs.

(5) If requested, the HARB shall advise owners of properties in the Historic District on the physical and financial aspects of preservation, rehabilitation and reuse.

(6) The HARB may call upon experts in historic preservation and in other technical fields for advice only if such advice is found to be necessary by official action of the City Council.

(7) The HARB shall, when requested by the City Council, testify before the City Council, boards and commissions on any matter affecting building or sites of historic or architectural significance in the City.

(8) The HARB shall keep abreast of and advise on, when requested by the Sunbury Zoning Hearing Board or Sunbury Planning Commission, proposed zoning amendments, special exceptions, conditional uses and variances affecting structures and sites in the Historic District.

(9) The City of Sunbury on behalf of HARB may accept gifts, grants, and money for publishing educational materials, hiring consultants, or for other activities appropriate to this article.

§ 175-120 Building classifications; building permits; certificates of appropriateness; notices and appeals of classifications.

A. Building classifications. Structures in the Historic District shall be classified by age and historic and architectural significance rather than by structural stability or condition of maintenance. Properties shall be designated as "notable," "contributing" or "supplemental."

(1) "Supplemental structures": structures built less than 50 years before the enactment of this article or having little or no historic or architectural merit at the time of enactment of this article.

(2) "Contributing structures": structures at least 50 years old that represent a vernacular architecture. Buildings that contribute to the district's distinction yet may not be of special significance individually.

(3) "Notable structures": structures at least 50 years old or those having local historic importance or embodying the distinctive characteristics of a type, period or method of construction.

B. Building permit requirement. In accordance with the City of Sunbury Ordinance No. 1193,[1] all repairs, alterations, restorations, enlargements, demolitions, new construction or razing of structures in the Historic District shall require a building permit.

[1] Editor's Note: See § 68-6, Licensing of contractors, remodelers, excavators or erectors; insurance.

C. Certificate of appropriateness requirement.

(1) For structures classified as "contributing" or "supplemental," a certificate shall not be required for repairs. For structures classified as "contributing" or "supplemental," a certificate shall be required for the following: changes to rooflines; changes in size, shape or number of doors, windows or other openings; changes in exterior surface materials and/or finishes; cleaning of masonry; changes in design, materials or demolition of porches or appurtenant elements; or structural enlargement or demolition.

(2) Structures classified as "notable" require certificates of appropriateness before the Code Administration Office shall issue a building permit for exterior repair, alterations, additions, or demolition.

(3) All new construction shall require a certificate. For the purpose of this article, new construction shall include the installation of satellite reception equipment and/or any other devices found by the Board to be nonhistoric in nature which are visible from any thoroughfare with a paved cartway exceeding 20 feet in width.

(4) The Historic Architectural Review Board shall base its recommendations for certificates of appropriateness on the evaluation criteria in Appendix A.[2]

[2] Editor's Note: Appendix A is on file in the City offices.

D. Notice and appeal of classification.

(1) Within 90 days from the effective date of this article, every property owner within the Historic District shall be notified of the classification assigned to his or her property along with a brief explanation of the classification system.

(2) Any person aggrieved by the classification assigned to his or her property may, within 30 days of receipt of notice of classification, file a written statement appealing the classification to the City Council. The City Council will hold a hearing on any such appeal at its next regularly scheduled meeting, reach a decision thereon either at the meeting or within 45 days thereafter and send the appellant a written notice of the decision. Any further appeal shall be in the manner provided by § 175-121D of this article.

§ 175-121 Application procedures and approval processes.

A. Procedures of Code Administration Office.

(1) Issuing building permits. In accordance with the City of Sunbury's Ordinance No. 1193, the Code Administration Office shall issue building permits for all repairs, alterations, restorations, new construction, enlargements, demolitions or razing of any structure or part of any structure in the Historic District. The Code Administration Office shall require certificates of appropriateness before issuing building permits for properties in the Historic District in accordance with § 175-120.

(2) Applications for permits. When the Code Administration Office receives a building permit application for a property in the Historic District, procedures for the office at that time shall be followed. The Code Administration Office shall also verify the classification of the property and the type of work to be done to determine whether a certificate of appropriateness shall be required. If a certificate is required, the Code Administration Office shall:

(a) Forward copies of the application, site plans, building plans and specifications to the Historic Architectural Review Board.

(b) Maintain records, including details of the handling and disposition of the application, which shall be cross-referenced to other codes.

(c) Notify applicants, in writing, of the number of copies and types of materials needed to allow compliance with the foregoing and the date and time of the HARB meeting at which the application will be reviewed.

(d) Notify permit applicants of approval or disapproval upon written notice from the City Council.

(e) Institute proceedings at law or in equity necessary to enforce this article in the same manner as the Building Code of the City of Sunbury.[1]

[1] Editor's Note: See Ch. 68, Building Construction and Occupancy.

(3) Hazardous structures. If a building presents a clear and present danger to the public or has been rendered unfit for habitation because of fire, explosion or similar cause, the terms of this article may be temporarily waived to the extent that the applicant can render interim, short-term repairs to insure the property is safe and habitable under the terms of the Building Code in effect in the City of Sunbury.[2] Any changes made to the building other than emergency repairs and any permanent alterations shall be subject to the requirements of § 175-120.

[2] Editor's Note: See Ch. 68, Building Construction and Occupancy.

B. Procedures of Historic Architectural Review Board.

(1) Receipt of application for permit requiring a certificate of appropriateness. The Code Administration Office shall send the HARB every application for a building permit for which a certificate shall be required. The HARB shall review and make recommendations to the City Council on granting a certificate. The complete process of application to and review by the Code Administration Office and the HARB shall not exceed 45 days.

(2) Board review and recommendation. The HARB shall review and consider each application based on the evaluation criteria in Appendix A[3] and shall submit its recommendation to the City Council in the form of a written report as prescribed in Appendix B.[4] The HARB shall take one of the following actions:

(a) Recommend approval of granting of a certificate.

(b) Recommend disapproval of granting a certificate.

[3] Editor's Note: Appendix A is on file in the City offices.

[4] Editor's Note: Appendix B is on file in the City offices.

(3) Notification of applicant. The Code Administration Office, on behalf of HARB, shall notify the applicant, in writing, on the form prescribed in Appendix B,[5] of its recommendation within three days of its decision. In case the Board recommends disapproval, it shall indicate to the applicant the changes in the plans and specifications that would protect the distinctive historic character of the property and District. Where disapproval is recommended, an applicant will have a period of five days from receipt of notification of the Board's recommendation within which to resubmit the application with any suggested change(s). The applicant may request, in writing, an additional 15 days during which to make changes and resubmit the application. If the applicant makes all changes requested in the Board's Determination, plans may be resubmitted within the prescribed time to the Code Administration Office, along with a letter stating the applicant's intention to make all changes required. The Code Administration Office may then proceed with submission to the City Council at their next regularly scheduled meeting without further Board action. If an application is not so amended, the applicant may resubmit plans for a second and final time for Board action at their next regularly scheduled meeting. In each case, the HARB's written report of recommendations shall be sent to the applicant within three days of a decision of the HARB, whether the decision is a recommendation of approval or disapproval and whether it is a decision on an original or a resubmitted application. This notification shall be deemed to be given to the applicant on the date the written report of recommendation is mailed to the applicant if ordinary United States mail is utilized.

[5] Editor's Note: Appendix B is on file in the City offices.

(4) Report of recommendation to City Council. The HARB shall submit a copy of its written report of recommendation to the City Council for its consideration at its next meeting. In cases where the HARB has recommended disapproval of an original application for certificate of appropriateness, the HARB shall not immediately submit its report to the City Council, but rather shall withhold its report to the City Council for five days from the date the applicant is notified of the HARB's intent to recommend against granting the certificate. If the applicant does not resubmit the application, then the report recommending disapproval of the application shall be submitted to the City Council. If the applicant has made a written request for a fifteen-day extension to resubmit the application, pursuant to Subsection B(3), then the report shall not be submitted to the City Council until the expiration of that extended resubmission period. In any event, upon receipt of resubmitted application, the HARB shall submit its written report of recommendation to the City Council upon reaching a decision.

C. Procedures of City Council.

(1) Consideration of reports from the HARB. At a regular or special meeting, the City Council shall consider the HARB's written report of recommendation on a given application for a certificate of appropriateness and shall either approve the application and issue a certificate or disapprove the application and deny a certificate. In determining whether to certify the appropriateness of the application by the issuance of a certificate, the City Council shall apply the evaluation criteria in Appendix A.[6] If a certificate is issued, such issuance will authorize the Code Administration Office to issue a building permit for the work covered. If the certificate is denied, a building permit may not be issued.

[6] Editor's Note: Appendix A is on file in the City offices.

(2) Notification of decision. The applicant shall be notified, in writing, of the City Council's decision within 10 days of its decision. If the written notification is mailed, the date of mailing shall be deemed the date of notification if ordinary United States mail is utilized. A copy of the decision shall also be provided to the Code Administration Office and shall be available for public inspection within three days of the decision of the City Council. Should the City Council fail to notify the applicant of its decision within the specified time, it shall be assumed as a matter of law that the City Council has approved the issuance of a certificate, unless the applicant waives the time limit, in writing.

(3) Denial and reconsideration by City Council. When an application has been disapproved and a certificate of appropriateness denied, the applicant may submit a written request, on a form to be provided therefor, for a hearing for the purpose of reconsidering the application. The City Council shall hold such a hearing at its next regularly scheduled meeting. The applicant shall be sent notice not less than 10 days before the meeting at which the hearing will be held. The Council shall make a final decision and notify the applicant thereof within 10 days of the hearing on reconsideration in the same manner as provided in Subsection B(3) for notification of the Council's original decision. The Code Administration Office shall also be notified of the final decision.

D. Aggrieved parties. Appeals. Any party aggrieved by any final decision of the City Council made pursuant to the provisions of this article may file an appeal with the Court of Common Pleas of Northumberland County in accordance with Title 42 of the Pennsylvania Consolidated Statutes (42 Pa.C.S.A. § 933).

§ 175-122 Enforcement.

A. Code Enforcement Officer. The Code Enforcement Officer appointed by the City Council shall enforce the provisions of this article.

B. Notice of violation. The Code Administration Office shall serve notice of violation on the person violating this article or in violation of a permit or certificate under the provisions of this article. The notice shall direct the abatement of the violation.

C. Prosecution of violation. If the violation is not abated within the time specified in the notice, the Code Administration Office shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation.

D. Violations and penalties. Any person violating the provisions of or failing to comply with this article or violating a permit issued under the provisions of this article shall be guilty of a summary offense punishable by a fine not exceeding $600 or by imprisonment not exceeding 90 days, or both fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.