[Adopted 2-9-1982 as Ord. No. 300]
In accordance with the provisions of an act
entitled "An Act authorizing counties, cities, boroughs, incorporated
towns and townships to create historic districts within their geographic
boundaries; providing for the appointment of Boards of Historical
Architectural Review; empowering governing bodies of political subdivisions
to protect the distinctive historical character of these districts
and to regulate the erection, reconstruction, alteration, restoration,
demolition or razing of buildings within the historic districts,"
adopted by the General Assembly of the Commonwealth of Pennsylvania
and approved by the Governor of the Commonwealth of Pennsylvania on
the 13th day of June 1961 (1961 P.L. 282, as amended, 53 P.S. §§ 8001
through 8006), and to protect the portions of the City of Pottsville
which recall the rich architectural and cultural heritage of our City
and state, to awaken in our people an interest in our historic past
and to promote the general welfare, education and culture of our City,
there is hereby created in the City of Pottsville a historic district
to be known as "Historic Pottsville," located within the geographic
limits of the City of Pottsville.
B.
The limits of the historic districts are defined as
follows:
|
Beginning at the intersection of Railroad Street
and Laurel Boulevard, the district boundary proceeds due southeast
along Railroad Street to the intersection of Union Street. Here the
boundary proceeds due west along Union Street to the point parallel
to the northeast corner of the extant Reading Freight Station (built
1851). It then proceeds due south along this building's foundation
line to the southeast corner of the building's train shed extension
foundation line. The line then proceeds due west to the point of intersection
with the rear property lines of the lots on South Centre Street, which
is represented physically by a large standing masonry retaining wall.
The boundary line then proceeds due south along the outer face of
the wall and rear of the lot property lines to the southeast corner
of the Sunoco gas station.
| |
|
From here the boundary proceeds across Centre
Street to the Northeastern corner of 541 South Centre Street. The
boundary runs along the eastern property line of these row homes till
it reaches the southeastern corner of 571 South Centre Street. From
here the boundary line extends due north along the rear property lines
of the lots facing Hotel Street to where it meets the Henry Clay Monument
Park. Here the boundary proceeds along the park road to where it intersects
with the east curbline of South Second Street.
| |
|
From here the boundary runs due north along
the eastern curbline of South Second Street to the intersection between
South Second Street and West Howard Avenue. The boundary line then
runs due west along the north curbline of West Howard Avenue to the
intersection of West Howard Avenue and South Third Street.
| |
|
From this intersection the boundary extends
due north along the eastern curbline of South Third Street to the
intersection of North Third Street and Division Street. Here the boundary
line proceeds due west along the north curbline of Division Street
to the intersection of Division Street and North Fourth Street. From
here the boundary proceeds due north along the eastern curbline of
North Fourth Street to its intersection with West Arch Street.
| |
|
From this point the boundary line proceeds due
east along the south curbline of West Arch Street to its intersection
with North Third Street. From this point the boundary line proceeds
due north along the eastern curbline of North Third Street to its
intersection with West Race Street.
| |
|
From this point the boundary line proceeds due
east along the southern curbline of West Race Street to its intersection
with the alley serving the rear of the building lots facing the west
side of North Second Street. From this point the boundary line proceeds
due north along the eastern curbline of this alley to its intersection
with Humane Avenue. From here the line extends due east along the
southern curbline of Humane Avenue to its intersection with North
Second Street. Then the boundary line proceeds due north along the
eastern curbline of North Second Street to Laurel Boulevard.
| |
|
From this point the boundary line proceeds due
east along the southern curbline of Laurel Boulevard to its intersection
with Railroad Street.
|
C.
The Historic Pottsville Map shall be identified by the signature of the Mayor, attested by the City Clerk, and bearing the Seal of the City under the following words: "This is to certify that this is the Historic Pottsville Map referred to in § 9-26 of Chapter 9, Article VI, of the Code of the City of Pottsville, Pennsylvania," together with the date of the adoption of this article.
D.
If, in accordance with the provisions of this article,
changes are made in district boundaries or other matter portrayed
on the Official Historic Pottsville Map, such changes shall be entered
on the Official Historic Pottsville Map promptly after the amendment
has been approved by the City Council, with an entry on the Official
Historic Pottsville Map as follows: "On (date), by official action
of the City Council, the following (change) changes were made in the
Official Historic Pottsville Map: (brief description of nature of
change)," which entry shall be signed by the Mayor and attested by
the City Clerk. No amendment to this article which involves matter
portrayed on the Official Historic Pottsville Map shall become effective
until after such change and entry has been made on said map.
E.
No changes of any nature shall be made in the Official
Historic Pottsville Map or matter shown thereon except in conformity
with the procedures set forth in this article. Any unauthorized change
of whatever kind by any person or persons shall be considered a violation
of this article.
F.
Regardless of the existence of purported copies of
the Official Historic Pottsville Map which may from time to time be
made or published, the Official Historic Pottsville Map which shall
be located in the office of the Building Inspector shall be the final
authority as to the current historic status of buildings and other
structures in the City.
G.
Where uncertainty exists as to the boundaries of districts
as shown on the Official Historic Pottsville Map, the following rules
shall apply:
(1)
Boundaries indicated as approximately following the
center lines of streets, highways or alleys shall be construed to
follow such center lines.
(2)
Boundaries indicated as approximately following plotted
lot lines shall be construed as following such lot lines.
(3)
Boundaries indicated as parallel to or extensions
of features indicated in the above shall be so construed. Distances
not specifically indicated on the Official Historic Pottsville Map
shall be determined by the scale of the map.
(4)
Where physical or cultural features existing on the
ground are at variance with those shown on the Official Historic Pottsville
Map or in other circumstances not covered by the above, the City shall
interpret the district boundaries.
The Mayor and the City Clerk are hereby authorized and directed to request a certification by resolution of the Pennsylvania Historical and Museum Commission to the historic significance of the district within the limits defined in § 9-26 hereof. The Mayor and the City Clerk are further directed to place such certification among the municipal records of the City.
[Amended 6-8-1982 by Ord. No. 303; 12-30-1982 by Ord. No. 315; 12-12-1994 by Ord. No. 526; 6-10-2002 by Ord. No. 669]
A Board of Historical Architectural Review is
hereby established to be composed of seven members, appointed by the
City Council, one of whom shall be registered architect, one a licensed
real estate broker, one the Deputy Code Enforcement Officer of the
City of Pottsville and the remaining members to be individuals with
a knowledge of and interest in the preservation of the historic district.
The initial terms of the members of the Board shall be as follows:
Two shall serve until the first Monday of January 1983; two until
the first Monday of January 1984; one until the first Monday of January
1985; and two until the first Monday of January 1986. An appointment
to fill a vacancy shall be only for the unexpired portion of the term.
The Board shall be charged with the responsibility of review of the historic district limits as outlined in § 9-26 hereof. The Board is further charged with the responsibility of developing and continuing an effective program of landmark recognition and preservation. Within such district, the Board shall survey and designate in a suitable manner: 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.
[Amended 12-30-1991 by Ord. No. 460]
The Board shall give counsel to the Council
of the City of Pottsville regarding the advisability of issuing any
certificates required to be issued pursuant to said Act of June 13,
1961, and this article. Such counsel shall at all times be consistent
with the provisions of all ordinances of the City. For this purpose
the Board may make and alter rules and regulations for their own organization
and procedure, consistent with this article, of the City and the laws
of the commonwealth. A majority of the Board shall constitute a quorum,
and action taken at any meeting shall require the affirmative vote
of the majority of the members present. The members of the Board shall
serve without compensation and shall make an annual report of their
transactions to the Council. The Board may, pursuant to appropriations
by the Council, employ secretarial assistance.
Upon receipt of an application for a building
permit for work to be done in the historic district, the Building
Inspector shall act in accordance with the procedures presently being
followed in that office except as those procedures are necessarily
modified by the following requirements:
A.
He shall forward to the office of the Board of Historical
Architectural Review a copy of the application for a building permit,
together with a copy of the plot plan and the building plans and specifications
filed by the applicant.
B.
He 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.
C.
He shall require applicants to submit a sufficient
number of additional copies of material required to be attached to
an application for a building permit to permit compliance with the
foregoing.
The Building Inspector shall not issue a permit
for any erection, reconstruction, alteration, restoration, demolition
or razing of a building in this historic district until the Council
of the City of Pottsville has issued a certificate of appropriateness.
[Amended 12-30-1991 by Ord. No. 460]
A.
Upon receipt by the Board of a notice that an application
for a building permit for the erection, reconstruction, alteration,
restoration, demolition or razing of a building or buildings in the
historic district has been filed in the office of the Building Inspector
of the City of Pottsville, the Board shall schedule a meeting to consider
the counsel which the Board will give to the Council of the City of
Pottsville. The person applying for the permit shall be advised of
the time and place of said meeting and invited to appear to explain
his reasons therefor. The Board shall also announce to and invite
the public to attend its meeting. The Board shall serve its adjudication,
in writing, to the Council of the City of Pottsville and the parties
or their counsel.
B.
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 article may be waived to the extent that the applicant
can proceed to render the subject property habitable under the terms
of the Building Code of the City of Pottsville;[1] however, any changes made to the subject property must
finally be approved under the terms of this article.
In determining the counsel to be presented to
the Council of the City of Pottsville concerning the issuing of a
certificate of appropriateness or authorizing a permit for the erection,
reconstruction, alteration, restoration, demolition or razing of all
or a part of any building within the historic district, the Board
shall consider the following matters:
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 way.
C.
The general design, arrangement, texture, material
and color of the building or structure and the relation of such factors
to similar features of buildings or structures in the district.
If the Board, on the basis of the information
received at the meeting and from its general background and knowledge,
decides to counsel against the granting of a certificate of appropriateness,
it shall indicate to the applicant for a building permit the changes
in plans and specifications, if any, which, in the opinion of the
Board, would protect the distinctive historical character of the historic
district. The Board shall withhold its report to City Council for
a period of five days following its decision to allow the applicant
to decide whether or not to make the suggested changes in his plans
and specifications. If the applicant determines that he will make
the suggested changes, he shall so advise the Board, which shall counsel
the City Council accordingly.
The Board, after the hearing provided for in § 9-33 of this article and after the making of any changes in the plans and specifications as provided in § 9-35 of this article, shall submit to the Council of the City of Pottsville, in writing, its counsel concerning the issuance of a certificate of appropriateness or authorizing a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within the historic district. The written report shall set out the following matters:
A.
The exact location of the area in which the work is
to be done.
B.
The exterior changes to be made or the exterior character
of the structure to be erected.
C.
A list of the surrounding structures with their general
exterior characteristics.
D.
The effect of the proposed change upon the general
historic and architectural nature of the district.
E.
The appropriateness of exterior architectural features
which can be seen from a public street or way.
F.
The general design, arrangement, texture, material
and color of the building or structure and the relation of such factors
to similar features of buildings or structures in the district.
G.
The opinion of the Board (including any dissent) as
to the appropriateness of the work proposed as it will preserve or
destroy the historic aspect and nature of the district.
H.
The specific counsel of the Board as to the issuance
by Council or its refusal to issue a certificate of appropriateness.
A.
Upon receipt of the written counsel of the Board as provided in § 9-36 of this article, the Council of the City of Pottsville shall consider at a regular or special meeting the question of issuing to the applicant a certificate of appropriateness authorizing a permit for the work covered by the application. The applicant shall be advised by the City Clerk 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. In determining whether or not to certify to the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within the historic district, the City Council shall consider the same factors as the Board of Historical Architectural Review set forth in § 9-34 of this article and the report of the Board. If the Council approves the application, it shall issue a certificate of appropriateness authorizing the Building Inspector to issue a permit for the work covered. 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. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the District. The Council shall not consider any matter not pertinent to the historical aspect and nature of the district.[1]
B.
In any event, the Council shall render its decision
no later than 30 days of the receipt of the written recommendations
of the Board of Historical Architectural Review.
Upon receipt of the written disapproval of the
Council, the Building Inspector shall disapprove the application for
a building permit and shall so advise the applicant. The applicant
may appeal the disapproval as provided by law and the ordinances of
the City of Pottsville.
The Building Inspector 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 his enforcement
of the Building Code of the City of Pottsville as presently enacted
and as the same may from time to time be amended.[1]
