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.
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.
ALTERATION
A change or making different; a modification.
BOARD
The Carlisle Board of Historical Architectural Review.
CERTIFICATE OF APPROPRIATENESS
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.
CONSTRUCTION
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.
DEMOLITION
The dismantling or tearing down of all or part of any building,
structure or sign and all operations incidental thereto.
RECONSTRUCTION
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.
REPAIRS
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.
RESTORATION
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.
WRITTEN AUTHORIZATION
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.
[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.
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.
[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.
[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.
Any violation of the foregoing provisions relating
to the Historic District and not punishable under any other Borough
ordinance, as the Building Code, shall be punishable as a violation
of this Zoning Code.