An historic district, to be known as "Historic
Carlisle," is hereby created, within the requirements of Pennsylvania
Act 167 of 1961, as amended. This HP Historic District shall serve
as an overlay zoning district. This overlay district establishes additional
requirements and procedures that apply in addition to requirements
and procedures of the underlying zoning district.
A.
The area included within Historic Carlisle is that
as shown on the Official Historic Carlisle Map, which, together with
all explanatory matters thereon, is hereby adopted by reference and
declared to be part of this chapter.[1]
[1]
Editor's Note: A copy of the Historic Carlisle
Map is on file in the office of the Borough Secretary.
B.
Boundaries. Said district, as shown on the aforesaid
map, includes the area bounded by the center lines of Louther Street
on the north, West Street on the west, South Street on the south and
East Street on the east; it also includes the area bounded by the
center lines of South Street on the north, Pitt Street on the west,
Walnut Street on the south and Hanover Street on the east. It also
includes an area bounded by the center line of Louther Street, between
College Street and LeTort Run, and a line opposite and parallel thereto
75 feet north of said center line of Louther Street; an area bounded
by the center line of West Street, between Louther Street and South
Street, and a line opposite and parallel thereto 75 feet west of said
center line of West Street; an area bounded by the center line of
South Street between College Street and Pitt Street and between Hanover
Street and East Street, and lines opposite and parallel thereto 75
feet south of said center line of South Street; an area bounded by
the center line of Pitt Street, between Walnut Street and South Street,
and a line opposite and parallel thereto 75 feet west of said center
line of Pitt Street; an area bounded by the center line of Walnut
Street, between Pitt Street and Hanover Street, and a line opposite
and parallel thereto 75 feet south of said center line of Walnut Street,
and an area bounded by the center line of Hanover Street between Baltimore
Street and South Street, and a line opposite and parallel thereto
85 feet east of said center line of Hanover Street; and an area bounded
by the center line of East Street, between South Street and Louther
Street, and a line opposite and parallel thereto 75 feet east of said
center line of East Street. It also includes an area bounded by the
center line of Louther Street, between College Street and West Street
and between East Street and LeTort Run, and lines opposite and parallel
thereto 75 feet south of said center line of Louther Street; an area
bounded by the center line of South Street, between College Street
and West Street, and a line opposite and parallel thereto 75 feet
north of said center line of South Street; and an area bounded by
the center line of Hanover Street, between Baltimore Street and Walnut
Street, and a line opposite and parallel thereby 85 feet west of said
center line of Hanover Street. It also includes an area bounded by
lines 85 feet east and 85 feet west of the center line of Hanover
Street, between Penn Street and Louther Street, and opposite and parallel
thereto; and an area bounded by lines 85 feet north and 85 feet south
of the center line of High Street, between East Street and LeTort
Run, and opposite and parallel thereto.
C.
Map. The Historic Carlisle Map shall be identified
by the signature of the Mayor, properly attested and bearing the seal
of the Borough under the following words: "This is to certify that
this is the Historic Carlisle Map referred to in Section 2 of Ordinance
No. 1197 of the Borough of Carlisle, Pennsylvania," together with
the date of the adoption of such ordinance.
D.
Changes to map.
(1)
If, in accordance with the provisions of this
chapter, changes are made in Historic District boundaries or other
matter portrayed on the Official Historic Carlisle Map, such changes
shall be entered on the Official Historic Carlisle Map promptly after
the amendment has been approved by the Council, with an entry on the
Official Historic Carlisle Map as follows: “On (date), by official
action of the Council, the following (change) changes were made in
the Official Historic Carlisle Map: (brief description of nature of
change),” which entry shall be signed by the Mayor and properly
attested. No amendment to this chapter which involves matter portrayed
on the Official Historic Carlisle Map shall become effective until
after such change and entry has been made on said map and until such
change, if it involves the addition of an area to the district, has
been approved by the Pennsylvania Historical and Museum Commission
by virtue of a resolution certifying to the historical significance
of the new area.
(2)
No changes of any nature shall be made in the
Official Historic Carlisle Map or matter shown thereon except in conformity
with the procedures set forth in this chapter. Any unauthorized change
of whatever kind by any person or persons shall be considered a violation
of this chapter.
E.
Official Map. Regardless of the existence of purported
copies of the Official Historic Carlisle Map, which may from time
to time be made or published, the Official Historic Carlisle Map which
shall be located in the office of the Zoning Officer shall be the
final authority as to the current historic status of buildings and
other structures in the Borough for purposes of this chapter.
F.
Uncertain boundaries. Where uncertainty exists as
to the boundaries of the district as shown on the Official Historic
Carlisle Map, the following rules shall apply:
(1)
Boundaries indicated as approximately following
the center lines of street or alley rights-of-way shall be construed
to follow such center lines.
(2)
Boundaries indicated as parallel to, or extensions
of features indicated in the above shall be so construed.
(3)
Where physical or cultural features existing
on the ground are at variance with those shown on the Official Historic
Carlisle Map, or in other circumstances not covered by the above,
the Zoning Hearing Board shall interpret the district boundaries.
The existing Historic Carlisle District has
been duly certified under state law by the Pennsylvania Historical
and Museum Commission. Prior to any changes in the Official Historic
Carlisle Map, all required certification shall be received from the
Pennsylvania Historical and Museum Commission, under Pennsylvania
Act 167 of 1961, as amended.
The intent of the HP Historic Preservation District
is to:
A.
Protect that portion of Carlisle which most strongly
reflects the cultural, economic, social, political and architectural
history of Carlisle and also Pennsylvania.
B.
Encourage greater interest in local and state history.
C.
Promote the use and reuse of portions of Carlisle
for the culture, education, enjoyment and general welfare of citizens.
D.
Strengthen the economy of Carlisle by improving property
values and economic activity in the historic district.
E.
Provide for buildings, structures, or signs, and alteration
of any of the foregoing, that will be harmonious with existing historically
and architecturally significant buildings, structures, and signs.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
For the purposes of the Historic Preservation District, terms shall have the meanings as set forth in § 255-12, and, in addition, the following terms shall have the meanings set forth herein. In the event of conflict, the following definitions shall control.
A change or making different; a modification.
The Carlisle Board of Historical Architectural Review.
An approval by the Carlisle Borough Council which certifies
the appropriateness of a particular request for the construction,
alteration, reconstruction, repair, restoration, demolition or razing
of all or a part of any building, structure or sign within the Historic
District and authorizes the issuance of a permit or written authorization
for said request.
Any or all work necessary for the erection of any building,
structure or sign from a combination of materials to form a safe and
stable building, structure or sign.
The dismantling or tearing down of all or part of any building,
structure or sign and all operations incidental thereto.
Any or all work needed to remake or rebuild all or a part
of any building, structure or sign to a sound condition, but not necessarily
of original materials.
Any or all work involving the replacement of existing work
with equivalent material for the purpose of maintenance, but not including
any addition, change or modification in construction.
Any or all work connected with the returning or restoring
of a building, structure or sign, or any part of the foregoing, to
original condition through the use of original or nearly original
materials.
A written approval issued by the Borough Zoning Officer in
conjunction with the issuance of a certificate of appropriateness
for work governed by this chapter but which does not require a building,
demolition, sign or other permit.
A.
A Board of Historical Architectural Review (HARB)
is hereby established, to be composed of seven members appointed by
Council, one of whom shall be a registered architect, one a licensed
real estate broker, one a building inspector and four additional persons
with a knowledge of and interest in the preservation of historic districts,
two of which additional persons must reside within the historic district
and be property owners in the Borough, and one of which additional
persons should be a professor or teacher of fine arts with a knowledge
of and interest in the preservation of historic districts.
B.
Each member shall serve for a term of four years.
C.
The position of any member of the Board appointed
in his capacity as a registered architect, a licensed real estate
broker, or as a building inspector who ceases to be so engaged shall
automatically be considered vacant.
D.
An appointment to fill a vacancy shall be only for
the unexpired portion of the term.
E.
HARB members shall disqualify themselves from voting
on any project in which their own financial interests are directly
or indirectly involved.
F.
Board procedures. The HARB may make and alter rules
and regulations for its own organization and procedure, provided that
they are consistent with the laws of the commonwealth and all provisions
of this chapter.
A.
The Board shall be charged with the responsibility
of review of the historic district limits as outlined in this section
of this chapter.
B.
The Board is further charged with the responsibility
of developing and continuing an effective program of landmark recognition
and preservation.
C.
Within such district, the Board shall approve any
survey which designates areas, places, buildings, structures, monuments,
works of art and other objects having special historical, architectural,
community or aesthetic interest and value and worthy of preservation.
D.
The Board should be available to provide informal
advice to building owners on methods of preservation.
E.
The Board may sponsor public relations programs to
promote public interest in preservation.
A.
The Board shall give counsel to the Council of the
Borough of Carlisle regarding the advisability of issuing any certificates
required to be issued pursuant to the State Historic District Act
of 1961 and this chapter. Such counsel shall at all times be consistent
with the provisions of all ordinances of the Borough.
B.
For this purpose, the Board may make and alter rules
and regulations for their own organization and procedure, consistent
with the ordinances of the Borough and the laws of the commonwealth.
C.
A majority of the Board shall constitute a quorum,
and action taken at any meeting shall require the affirmative vote
of the majority of members present.
D.
The members of the Board shall serve without compensation
and may make an annual report of their transactions to the Council.
[Amended 3-10-2005 by Ord. No. 2031, approved 3-10-2005; 8-9-2012 by Ord. No.
2170, approved 8-9-2012]
A.
For the
purposes of this article, the words "application," "permit," "building
permit," or "written authorization" shall mean any application for
a certificate of appropriateness, in conjunction with a permit or
written authorization issued by the Borough Zoning Officer, including
but not limited to building, structure, demolition and sign permits
or written authorizations.
B.
Upon
receipt of an application for a certificate of appropriateness, permit,
building permit, demolition permit, sign permit or written authorization
for work to be done in the Historic Preservation District affecting
the exterior of a building, structure or sign then existing or to
be built or erected in said district, the Borough Zoning Officer shall
act in accordance with the procedures presently being followed in
that office, except as those procedures are necessarily modified by
the following requirements:
(1)
The
Borough Zoning Officer shall forward to the office of the Board of
Historical Architectural Review a copy of the application, together
with a copy of the plot plan, the work description or plans and specifications
filed by the applicant.
(2)
The
Borough Zoning Officer shall maintain in his office a record of all
such applications and of his handling and final disposition of the
same, which shall be in addition to, and appropriately cross-referenced
to, his other records.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
A certificate of appropriateness is required for any erection,
construction, reconstruction, exterior alteration, repair, restoration,
sandblasting, demolition or razing of a building, structure or exterior
sign, or any portion of the foregoing, then existing, or to be built
or erected in the Historic Preservation District, where such work
will affect the exterior of the building, structure, fence or exterior
sign which can be seen from a public way. The Borough Zoning Officer
shall not issue a permit or written authorization for any such work
until the Borough Council has issued a certificate of appropriateness.
These Historic Preservation District regulations shall not apply to
graves, tombstones or burial monuments, or to required public utility
connections.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
A.
Upon receipt by the Board of a notice that an application
for a certificate of appropriateness has been filed in the office
of the Borough Zoning Officer, the Board shall, at a legally advertised
meeting, consider a recommendation to give to the Borough Council.
B.
The person applying for the certificate of appropriateness
shall be advised of the time and place of said meeting and invited
to appear to explain his reasons therefor.
C.
The Board shall also announce to and invite the public
to attend its meeting, notice of which shall be given in accordance
with the Sunshine Act, Act of July 3, 1986, P.L. 388, No. 84, § 1,
65 P.S. § 271, et seq., as amended.[1]
[1]
Editor's Note: Said Act was repealed 10-15-1998
by P.L. 729, No. 93. See now 65 Pa.C.S.A. § 701 et seq.
D.
The Board shall submit its recommendation in writing
to the Council of the Borough of Carlisle within 45 days of the date
of the application unless the applicant grants a waiver to extend
this time.
In the event that the subject building has been
rendered unfit for habitation because of fire, explosion or other
similar causes, the terms of this chapter may be waived by the Zoning
Officer to the extent that the applicant can be issued a permit at
once to proceed to render the subject property habitable under the
terms of the Zoning Officer of the Borough of Carlisle provided the
structure is rebuilt as it originally was constructed using the same
materials ; any changes made to the subject property must finally
be approved under the terms of this chapter, and if they are not so
approved, the expense of remedying them so as to obtain approval shall
be borne by the building's owner; the permit issued by the Building
Official should so state, but any failure to so state shall not excuse
the owner from bearing such expense and obligation.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
In determining the recommendation to be presented
to the Borough Council concerning the issuing of a certificate of
appropriateness, the Board shall consider only those matters that
are pertinent to the preservation of the historic and/or architectural
aspect of the subject building, structure, sign or lot and its historic
setting. The following criteria shall be considered:
A.
The effect of the proposed change upon the general
historic and architectural nature of the district.
B.
The appropriateness of exterior architectural features
which can be seen from a public street or a public way.
C.
The compatibility with Historic Preservation District
Guidelines adopted by the Borough Council which outline accepted methods,
materials and techniques for the repair, restoration, erection, alteration
or reconstruction which will change the exterior appearance of any
building, structure or sign within the Historic District.
A.
If the Board, on the basis of the information received
at the meeting and from its general background and knowledge, decides
to recommend against the granting of a certificate of appropriateness,
it shall indicate to the applicant the changes in plans and specifications,
if any, which, in the opinion of the Board, would protect the distinctive
historical character of the Historic Preservation District.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
B.
If, subsequent to disapproval by the Board, the applicant
determines that he will make the suggested changes, he shall advise
the Zoning Officer prior to the meeting of Borough Council where the
application will be reviewed and acted on by Council.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
A.
The Board, after the hearing provided for in § 255-155 above, shall submit its written report to the Borough Council containing its recommendation concerning the issuance of a certificate of appropriateness for the repair, erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building, structure or sign within the Historic Preservation District.
B.
The written report shall set out the following matters:
(1)
The
exact location of the area in which the work is to be done and the
general design, arrangement, texture, material and color of the building,
structure or sign and the relation of such factors to similar features
of buildings, structures or signs in the district.
(2)
The
exterior changes to be made, or the exterior character of the building,
structure or sign to be repaired, erected, reconstructed, altered,
restored, demolished or razed, and the appropriateness of exterior
architectural features which can be seen from a public street or public
sidewalk.
(3)
The
effect of the proposed change upon the general historic and architectural
nature of the district and general compliance with the HARB Guidelines
adopted by the Borough Council.
(4)
The
opinion of the Board, including any dissent, as to the appropriateness
of the work proposed and any specific recommendation of the Board
as to the issuance by Borough Council or its refusal to issue a certificate
of appropriateness.
A.
Upon receipt of the written counsel of the Board as provided in § 255-159 above, the Borough Council shall consider at a regular or special meeting the question of issuing to the Zoning Officer a certificate of appropriateness for the work covered by the application.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
B.
The applicant shall be advised by the Borough of the
time and place of the meeting at which his application will be considered
and shall have the right to attend and be heard as to his reasons
for filing the same.
C.
In determining whether or not to certify to the appropriateness of the proposed repair, erection, reconstruction, alteration, demolition or razing of all or a part of any building, structure or sign within the Historic Preservation District, the Borough Council shall consider the same factors as the Board of Historical Architectural Review set forth in § 255-159
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
D.
If the Borough Council approves the applicant’s
request, it shall issue a certificate of appropriateness for the work
covered.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
E.
If the Council disapproves, it shall do so in writing,
and copies shall be given to the applicant and to the Pennsylvania
Historical and Museum Commission.
F.
The disapproval shall indicate what changes in the
plans and specifications would meet the conditions for protecting
the distinctive historical character of the district.
G.
The Council shall not consider any matter not pertinent
to the historical aspect and nature of the district.
H.
Time. In any event, the Council shall render its decision
no later than 60 days from the date the HARB renders its recommendation
for a certificate of appropriateness. The applicant should be notified
in person or in writing at his last known address not later than 10
days after the Borough Council makes a decision.
A.
Intent. The intent of this section is to ensure that
valuable historic resources are not permanently destroyed unless there
are no reasonable alternatives available.
B.
This section shall apply to any existing building,
structure or sign, or portion thereof, within the Historic Preservation
District that the Borough Council determines, based upon the recommendation
of the Board, is highly important to the historic character and continuity
of that portion of the Historic Preservation District or is, by itself,
a highly important architecturally historic resource.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
C.
No building, structure or sign shall be demolished
unless one of the following is satisfied, in the terms of the Borough
Council, based upon the recommendations of the Board:
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
(1)
That the applicant proves that the demolition
is needed to clear the land for a project of special public benefit
that would greatly outweigh the loss of the historical resource;
(2)
That the applicant proves that no reasonable
beneficial use of the building, structure or sign is possible; or
(3)
That the applicant proves that the denial of
the demolition would greatly result in unreasonable economic hardship
to the owner.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
Upon receipt of any written disapproval of the
Borough Council, the Borough Zoning Officer shall disapprove the application
for a permit or written authorization, as the case may be, and shall
so advise the applicant. The applicant may appeal the disapproval
as provided by law and the ordinances of the Borough of Carlisle.
[Amended 8-9-2012 by Ord. No. 2170, approved 8-9-2012]
The Borough Zoning Officer or any Code Enforcement
Officer shall have the power to institute any proceedings at law or
in equity necessary for the enforcement of this article in the same
manner as in the enforcement of the Zoning Ordinance, Property Maintenance
Code or the Building Code of the Borough of Carlisle as presently
enacted and as the same may from time to time be amended.
