[Ord. 428, 4/2/2008]
This District is created for the following purposes:
|
Pursuant to Article I, Section 27, of the Pennsylvania Constitution,
which states that:
|
|
"The people have a right to clean air, pure water, and to the
preservation of the natural, scenic, historic and aesthetic values
of the environment. Pennsylvania's public natural resources are
the common property of all the people, including generations yet to
come. As trustees of these resources, the Commonwealth shall conserve
and maintain them for the benefit of all the people."
|
|
Now, therefore, it is the purpose and intent of the Borough
of Saxonburg to promote, protect, enhance, perpetuate, and preserve
historic districts through the preservation, protection and regulation
of buildings, structures, appurtenances, and areas of historic interest
or importance within the Borough of Saxonburg; to safeguard the heritage
of the Borough by preserving and regulating historic districts which
reflect elements of its educational, cultural, social, economic, political,
and architectural history; to preserve and enhance the environmental
quality of neighborhoods; to strengthen the Borough's economy
and civic pride through recognition that visitors are interested in
Saxonburg's historic past; to establish and improve property
values; to foster economic development; and to preserve and protect
the cultural, historical and architectural assets of the Borough which
the Borough of Saxonburg has been determined to be of local, state
and national, historical and architectural significance.
|
[Ord. 428, 4/2/2008]
For the purpose of this Part 4A, all words used in the present
tense include the future tense. All words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the word clearly
indicates otherwise. The word "shall" is mandatory. The word "used"
includes "designated, intended, built, or arranged to be used."
[Ord. 428, 4/2/2008]
As used in this Part 4A, the following terms shall have the
meanings indicated:
ALTERATION
Any change, modification or addition to a part or all of
the exterior of any building or structure which is visible from the
public way.
APPURTENANCE
Any structure or object subordinate to a principal structure
or site located within a listed property and visible from the public
way.
BUILDING
Any structure, either temporary or permanent, having a roof
or other covering and designed for shelter or enclosure of any person,
animal, property, or vehicle of any kind, including tents and awnings
situated on private property and used for purposes of a building.
BUILDING OR DEMOLITION PERMIT
An approval statement, signed by the Code Enforcement Officer,
authorizing the construction, alteration, reconstruction, repair,
restoration, demolition or razing of all or a part of any building,
structure or appurtenance listed in the Borough of Saxonburg Historic
District.
BUILDING PERMIT APPLICATION
The form filed by any person with the Code Enforcement Officer
that seeks authorization to erect, alter, reconstruct, repair, restore,
demolish, or raze all or a part of any building, structure or appurtenance
listed in the Borough.
CERTIFICATE OF APPROPRIATENESS
The permit signed by Saxonburg Borough Council which certifies
approval of the historical appropriateness of an application for the
erection, alteration, reconstruction, restoration, demolition, or
razing of all or a part of any building, structure or appurtenance
within an historic district.
CODE ENFORCEMENT OFFICER
A municipal employee of or individual retained by the Borough
of Saxonburg designated by the Borough as the individual who enforces
compliance with building and fire codes.
CONSTRUCTION
Any or all work necessary for the erection of a building
or structure from a combination of materials that form a safe and
stable structure.
DEMOLITION
The dismantling or tearing down of all or part of any building,
structure or appurtenance.
DEMOLITION BY NEGLECT
The absence of routine maintenance and repair which can lead
to a building's, structure's or appurtenance's structural
weakness, decay and deterioration, resulting in its demolition, either
in whole or in part.
DEMOLITION REQUEST DUE TO FINANCIAL HARDSHIP
The filing of a certificate of appropriateness permit and/or
building permit application for demolition or razing in which certain
supplemental criteria are used to determine if any unusual and compelling
circumstances or substantial economic hardship exists for the applicant
in retaining the building or structure.
DESIGN GUIDELINES
The document adopted by HARB that sets forth the architectural,
historical and cultural characteristics of a building, structure,
appurtenance and site in the Borough of Saxonburg and provides design
guidance for appropriate maintenance, construction, alteration, reconstruction,
restoration, rehabilitation and repair.
ERECTION
The result of construction, such as a building, structure,
monument, sign, or appurtenance on the ground or on a structure or
building.
HISTORICAL ARCHITECTURAL REVIEW BOARD (HARB)
The advisory board that provides a resource within the community
and that reviews certificates of appropriateness permit applications
for properties located within the historic district and makes recommendations
to the Saxonburg Borough Council concerning the issuance of such permits.
PRESERVATION
The act or process of applying measures to stabilize and
sustain the existing form, style, integrity, and material of a building
or structure.
RECONSTRUCTION
The act or process of reproducing by new construction the
form and detail of a vanished building, structure, or appurtenance,
or a part thereof, as it appeared at a specific period of time, but
not necessarily of original material.
REHABILITATION
The process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient contemporary
use while preserving those portions and features of the property which
are significant to its historic, architectural and cultural values.
REPAIR
Any or all work involving the replacement of existing work
with equivalent material for the purpose of maintenance. Repair does
not include any addition, change or modification of a building or
structure and may or may not require a building permit.
RESTORATION
Any or all work connected with returning or restoring a building
or part of any building to its original condition through the use
of original or nearly original material.
SIGN
Any display, structure, device or object which incorporates
lettering, logos, colors, lights, or illuminated inert gas tubes visible
to the public from a building or structure, which either conveys a
message to the public or intends to advertise, direct, invite, announce,
or draw attention to goods, products, services, activities, or facilities,
excluding window displays, merchandise and temporary signs.
STRUCTURE
Anything constructed or erected, having a permanent or semipermanent
location on another structure or in the ground, including, without
limitation, buildings, sheds, manufactured homes, garages, fences,
gazebos, freestanding signs, billboards, antennas, satellite sending
or receiving dishes, vending machines, decks, and swimming pools.
[Ord. 428, 4/2/2008]
The functions of HARB are:
1. To provide recommendations to the Borough Council regarding the advisability
of issuing a certificate of appropriateness permit in accordance with
the Act of June 13, 1961, as amended, and this Part. 4A.
2. To assist owners of historic buildings, structures, appurtenances
and sites with historic preservation and restoration strategies for
rehabilitation, repairs, maintenance and construction and available
economic and tax incentives associated with such.
3. To formulate an appropriate system of markers for selected historic
and/or architectural sites and buildings, including their installation
and care.
4. To formulate recommendations concerning the preparation and publication
of maps, brochures and descriptive material about the Borough's
historical and/or architectural sites and buildings and to promote
public interest in the Borough's historic resources.
5. To conduct a survey with pertinent facts of buildings, structures
and appurtenances for the purpose of determining those of historic
and/or architectural significance.
6. To revise the detailed listing of the historic resources, appropriately
classified with respect to local, state and national significance.
7. To cooperate with and advise the Saxonburg Borough Council and other
Borough agencies in matters involving historically and/or architecturally
significant sites and buildings.
8. To cooperate with and enlist assistance from the National Park Service,
the National Trust for Historic Preservation, Preservation Pennsylvania,
the Pennsylvania Historical and Museum Commission and other agencies,
public and private, from time to time, concerned with the preservation
of historic sites and buildings.
[Ord. 428, 4/2/2008]
As used in this Part 4A, the following terms shall have the
meanings indicated:
ADVERTISING SIGN
A sign which directs attention to a business, product, service
or activity sold or conducted at a location other than upon the premises
where the sign is located.
ANIMATED SIGN
A sign with action or motion or whose illumination is not
kept at constant intensity at all times when in use and which exhibits
changes in light, color, direction or animation.
AWNING
Any structure made of a folding frame covered with flexible
material that is attached to the building and projects from it when
in use and can be retracted to a position flat against the building
when not in use.
AWNING SIGN
A sign painted on or attached to the cover of a movable frame
of the hinged, roll or folding type of awning.
BANNER
A temporary, decorative sign made of flexible material, mounted
on poles, wires or on the facade of a building, which has symbolic
significance or which proclaims greetings, holidays or special occasions.
BUSINESS SIGN
A sign which announces or directs attention to a business,
product, service or activity sold or conducted on the premises where
such sign is located.
CANOPY
A frame with standards and covered with flexible or inflexible
material, attached to a building, and which functions as a shelter
extending from a doorway over a walkway.
CORNERSTONE
A stone set into the wall of a building or structure, normally
at a corner, identifying on its face the date of construction of the
building or structure and/or the name of the organization which erected
or which owns the building or structure and other matter pertinent
to the nature of the organization.
DATE STONE OR DATE SIGN
A stone set into a wall of a building or structure or any
plaque, board or numerals painted on or attached to the wall of a
building or structure to identify the date of its construction. A
cornerstone bearing only a date is also a date stone.
DECORATIVE FLAG
A sign made of a flexible material, mounted on poles, wires
or on the facade of a building, which is not the official symbol of
national, state and local government and agencies, past and present,
or private corporations.
FIXED CANOPY
A frame covered with either flexible or inflexible material
which functions as a shelter and may or may not be attached to a building.
FLAG
A sign made of flexible material mounted on poles, wires
or on the facade of a building, which is the official symbol of national,
state or local government or any agency, past and present, or private
corporation.
FREESTANDING SIGN
A sign which is supported by uprights, columns, or pole(s)
etc., in or upon the ground and not attached to any building. A sign
attached to a flat surface not a part of the building, such as a fence
or wall, shall be considered a freestanding sign.
FRONTAGE
That linear footage of a business property along a public
street, way or alley and which includes the main entrances(s).
GROUND SIGN OR MONUMENT SIGN
A freestanding sign, the bottom of which is less than one
foot above the ground and not attached to any building.
IDENTIFICATION SIGN
A sign which identifies only the occupant of the premises,
the profession of an occupant and/or the name of the building upon
which the sign is placed.
ILLUMINATED SIGN
A sign incorporating a source of light in order to make the
message readable.
MARQUEE
A permanent structure extending out from the front of a building,
typically over the entrance, for advertising events or programs that
change frequently.
MEMORIAL PLAQUE
A sign attached to the wall of a building or structure and
which provides information commemorating a person or event pertinent
to the history of the building or structure or events occurring on
the site.
MINOR SIGN CHANGE
A change in the wording of a sign that does not affect color,
style of lettering, symbols, shape, size, lighting or suspension;
and/or relocation of a sign that will not affect the historic character
of a building or streetscape as determined by the Code Enforcement
Officer.
MOBILE SIGN
Signs mounted on vehicles or trailers to be moved by vehicles
for easy mobility, other than signs permanently fixed to or painted
on vehicles which identify the vehicles as those used by the particular
business in its day-to-day operations. Under no circumstances shall
a temporary mobile sign, whether lit internally or upon which lights
are moving or attached, be permitted for any use in a Historic District.
MOVEABLE SIGN
Any portable sign standing in front of or on the premises
of a business for the purpose of advertising daily specials or other
current matters related to the business and which is removed at the
close of each business day.
OBSOLETE SIGN
A sign designating or advertising a business, product, or
event no longer existing, being offered, or occurring.
PENNANT
A flag or banner that measures greater in length than in
height and which often tapers to a point.
PROJECTING SIGN
A sign which is attached to a building or other structure
and extends beyond the front line of said building or structure.
REVIEWABLE SIGN
Any new sign or proposed change to an existing sign affecting
color, style of lettering, symbols, shape, size, lighting or suspension;
and/or relocation of a sign that will affect the historic character
of a building or streetscape, as determined by the HARB.
SIGN
A.
Any display, structure or device, excluding window displays
and merchandise, which incorporates lettering, logos, colors, lights
or illuminated inert gas tubes visible to the public from outside
of a building or from a traveled way, which either conveys a message
to the public or intends to advertise, direct, invite, announce or
draw attention to, directly or indirectly, goods, products, activities,
services or facilities available on the property bearing the sign.
B.
A separate structure with flat or curved surfaces upon which
information is portrayed, including its supporting element.
C.
A structure or device attached or fastened to another structure,
such as a wall or roof of a building, upon which information is portrayed.
D.
Direct elements of signage include:
(1)
Lettered signs of all kinds.
(2)
Sign supports, frames and mounts.
(3)
Sign materials and structural elements.
(4)
Sign ornaments, symbols, colors, shapes and configurations.
(5)
The positions and sizes of signs relative to buildings and other
adjacent objects.
(6)
The impact of signs on the streetscape or in the neighborhood.
E.
Indirect forms of advertising include:
(1)
The style and construction of the building.
(2)
The ornamentation and colors on the building.
(3)
The tidiness of the building site.
(4)
The overall appearance of the building.
(5)
The condition and state of repair of the building.
(6)
The appropriateness and enhancement value of temporary furnishings
and features.
(7)
Sample products displayed outside the building.
(8)
Services provided outside the building.
SIGN ACCESSORIES
Any materials or items attached to signs, such as chains,
symbols, ribbons, ornaments of various types, extensions of frames,
mounting devices, brackets and support stands, bases, poles or posts.
SIGN AREA
The area of a sign computed by multiplying the maximum horizontal
measurement by the maximum vertical measurement. Both measurements
include all ornamentations surrounding the information area but exclude
the supporting structure. The supporting structure shall not include
any signs as defined under the terms in this Part 4A. Double-faced
signs with two sign faces, back to back, and not more than two feet
from each other, shall be counted as one sign.
SIGN HEIGHT
The height of a sign shall be computed as the difference
between the average ground level at the base of the sign and the elevation
of the uppermost extremity of the sign or sign support structure.
STREET CLOCK
A timepiece erected upon or in a frame or structure placed
or located upon the sidewalk for the convenience of the public and
which also serves as a business sign.
TEMPORARY SIGN
A sign placed or erected for a period not to exceed 30 days.
Exceptions for pennants, banners and similar devices intended for
civic purposes may be granted by special permit. They may also identify
a business or building, pending approval for permanent use or pending
approval of other permanent signs by the Code Enforcement Officer.
WALL SIGN
A flat sign which extends outward less than six inches and
is affixed to the wall of a building or structure and which does not
extend above the parapet, eaves, or facade of the building or structure.
[Ord. 428, 4/2/2008]
The exemption from the permit and licensing provisions of this
Part 4A shall not be construed as relieving the owner or person in
control of the sign from complying with all other applicable provisions
of this Part 4A.
A. Only signs which refer to a permitted use or an approved conditional use as set forth in the Zoning Ordinance [this chapter
27] are permitted, provided that such signs conform to the provisions of this section. The following is a list of signs for which no permit is required. Although no permit shall be required for the following signs, the Code Enforcement Officer must review the proposed sign design, type, specifications and placement before installation.
(1)
Public service signs erected by public agencies in locations
approved by the Borough Council and of a size not larger than permitted
by state highway regulations or this Part or other Borough ordinances,
including signs for regulatory purposes such as traffic control signs,
trespassing signs, parking control signs, etc.
(2)
Signs for directional or informational purposes, such as street
name signs, location of public facilities, historic signs or markers,
utility information signs, etc.
(3)
Signs or bulletin boards of schools, colleges, churches, hospitals
and other similar institutions, provided that:
(a)
The sign area of any directional or information sign shall not
be more than 24 square feet.
(b)
The sign area of any other such sign shall not be more than
24 square feet.
(4)
Memorial plaques, cornerstones or historic markers, built-in
or attached to the walls of structures, bearing only the name or use
of the structure, the date of erection of the structure and/or reading
matter commemorating a person or event.
(5)
Street address numerals or signs not exceeding one square foot
in area on each main structure.
(6)
Identification signs, provided that:
(a)
There is no more than one such sign for each business or activity.
(b)
Such signs are attached to the building or structure in which
the business or activity is located.
(c)
The sign area is not more than 2 1/2 square feet per business.
(7)
Temporary signs of contractors, architects, mechanics or craftsmen:
(a)
If placed on only the property where such work is being performed.
(b)
If not exceeding 12 square feet for a single contractor and
24 square feet for the general contractor and subcontractors.
(c)
If removed promptly upon completion of work.
(8)
Signs indicating the private nature of a driveway, etc., or
trespassing signs, provided that the size of any such sign shall not
exceed two square feet.
(9)
Temporary real estate signs:
(a)
Advertising the sale or rental of premises, provided that the
sign area of such sign shall not exceed five square feet, and no more
than two such signs shall be placed on any property held in single
ownership.
(b)
Indicating the location of premises in the process of development,
provided that the sign area of any such sign shall not exceed 12 square
feet and no more than one such sign shall be placed for each 500 feet
of street frontage.
(10)
Temporary signs inside store display windows concerning special
sales, which are available only for a very limited period of time.
(11)
One temporary garage, yard or similar sale sign for each sale
is allowed:
(a)
If placed only on the day of the sale.
(b)
If not exceeding 2 1/2 square feet in area.
(c)
If placed only on the property where the sale is being held.
(d)
If removed promptly at the end of the sale.
(12)
Political signs are allowed:
(a)
If they are stationary, unlighted and temporary.
(b)
If they are put up no sooner than two weeks prior to the day
of the election if pertinent to electing candidates.
(c)
If they are taken down no later than seven days after the election
if pertinent to electing candidates.
(d)
If they are not attached to any public property of the Borough,
including street sign posts, etc.
(e)
If they are not attached to any utility pole.
(f)
If limited to two per lot.
[Ord. 428, 4/2/2008]
The following are prohibited signs:
A. Any sign larger than 24 square feet.
B. Outdoor advertising (billboards) shall be prohibited in the Historic
District.
C. Roof signs, unless historically documented in Saxonburg history.
D. Permanent signs attached to, or placed on, any public utility pole
or tree located within any public right-of-way.
E. Signs which flash, rotate or have motorized moving parts and signs
containing reflective elements which sparkle or twinkle in the sunlight.
F. Moving, animated, flashing, revolving or wind-activated signs.
G. National trademark signs and logos of companies other than the business
on the premises.
H. Any sign advertising or identifying a business or organization which
is either defunct or no longer located on the premises, except landmark
signs or historic markers.
I. Signs which, by reason of position, shape or color, may interfere
with, obstruct the view of or be confused with any authorized traffic
sign, signal or device.
J. Signs or commercial displays that utilize strings of electrical bulbs,
except those clearly identified with a national or religious holiday.
K. Signs which constitute a hazard to pedestrian or vehicular traffic
because of intensity, direction or illumination.
L. Internally illuminated and inert gas signs on the outside of a building
and/or structure.
[Ord. 428, 4/2/2008]
The Code Enforcement Officer shall serve a notice of violation
on the person in violation of this Part 4A which would result in but
not be limited to failure to apply for a certificate of appropriateness
permit or a building permit required for the erection, reconstruction,
alteration, restoration, demolition, demolition by neglect, or razing
of any building, structure or appurtenance which can be seen from
a public way or failure to comply with HARB-approved work. Such notice
shall direct the abatement of said violation.
[Ord. 428, 4/2/2008]
The Code Enforcement Officer or his designated representative
shall have the power to institute any proceedings at law or in equity
necessary for the enforcement of this Part 4A.
[Ord. 428, 4/2/2008]
Any person, property owner, occupant, firm or contractor failing
to obtain a building permit and/or certificate of appropriateness
permit or demolition by neglect pursuant to this Part 4A shall be
fined up to $300 for each day the violation is unabated.
[Ord. 428, 4/2/2008]
The provisions of the Part may be amended by the Saxonburg Borough
Council after notice and hearing as provided by law.
[Ord. 428, 4/2/2008]
Immediately upon the adoption of this Part 4A, the Borough of
Saxonburg Secretary shall forward a copy thereof to the Pennsylvania
Historical and Museum Commission. This Part shall not take effect
until the said Commission has certified, by resolution, to the historical
significance of the Borough of Saxonburg Historical District and it
has been duly advertised once in the newspaper of general circulation
in the Borough of Saxonburg as required by law.