[HISTORY: Adopted by the Borough Council
of the Borough of Danville 5-13-1997 by Ord. No. 390 (Ch. 76 of the 1975 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
In accordance with the provisions of Act 167,
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 Pennsylvania on the 13th day of June
1961, and as amended,[1] there is hereby created in the Borough of Danville an
historic district to be known as the "Danville Historic District."
[1]
Editor's Note: See 53 P.S. § 8001
et seq.
This chapter shall be entitled "An Ordinance
to Control the Demolition, Razing and the Structural and Nonstructural
Changing, of Buildings or Structures or Parts Thereof in the Danville
Historic District."
This chapter shall be known and may be cited
as the "Danville Borough Historic Ordinance."
The intent of this chapter is as follows:
A.
To preserve historic buildings and structures located
within the Historic District.
B.
To protect those portions of the Borough which reflect
the cultural, economical, social, political and architectural history
of the Borough of Danville.
C.
To awaken an interest in our historic past.
D.
To strengthen the Borough's economy.
E.
To stabilize and improve property values in said district.
F.
To promote the use of the buildings and structures
in the Historic District for the culture, education, pleasure and
the general welfare of the people of the Borough of Danville.
For purposes of this chapter, the Historic District
shall consist of the area as shown on the accompanying map (Appendix
A[1]) which shall be located in the office of the Borough Code
Officer. The map shall be the final authority as to the current historic
status of buildings and other structures in the Borough of Danville.
Where uncertainty exists as to the boundaries of the district as shown
on the Official Historic Map, the following rules shall apply:
A.
Boundaries indicated as approximately following the
center lines of streets, highways or alleys shall be construed to
follow such center lines.
B.
Where physical or cultural features exist on the ground
at variance with those shown on the official Map, the Borough Council
shall interpret the district boundaries.
[1]
Editor's Note: A copy of the Official Historic
Map may be found at the Municipal Building, where it is available
for public inspection during regular business hours.
[Amended 12-8-1998 by Ord. No. 398]
As used in this chapter, the following terms
shall have the meanings indicated:
Significant items subordinate to a building. [NOTE: The intent
is to exclude items such as doghouses, mailboxes, house numbers and
other insignificant items.]
The agency that advises the Borough Council on any requests
for authorization to demolish, raze, construct or alter all or a part
of any building or structure within the Historic District.
The governing body of the Borough of Danville.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property.[1]
The officer of the Borough designated by the Council as the
individual who issues the permit for the demolition, razing, construction
or alteration of all or a part of any building or structure in the
Borough of Danville.
The dismantling or tearing down of all or a part of any building
or structure.
An approval statement signed by the Code Officer authorizing
the demolition, razing, construction or alteration of all or parts
of any building or structure.
The request filed by any person with the Code Officer that
seeks authorization to raze, demolish, construct or alter all or parts
of any building or structure.
Anything constructed or erected on the ground or attached
to the ground, including but not limited to buildings, sheds, mobile
homes and other similar items.[2]
A.
A Board of Historical Architectural Review is hereby
established to be composed of seven members appointed by the Borough
Council. The membership of the Board shall be as follows: one member
shall be a registered architect; one shall be a licensed real estate
broker; one shall be a Building Inspector; one shall be a Planning
Commission member; and three shall be persons with knowledge of and
interest in the preservation of the Historic District. The initial
terms of the first members shall be as follows: two shall serve until
the organizational meeting of the Borough Council in 1990, three until
the organizational meeting in 1992 and two until the organizational
meeting in 1994. Their successors shall thereafter serve for terms
of five years. An appointment by the Borough Council to fill any vacancy
that may exist shall be only for the unexpired portion of the term.
B.
The Board shall elect from its own membership its
officers, who shall serve annual terms as such and may succeed themselves.
For the conduct of any hearing and the taking of any action, a quorum
shall be not less than a majority of all the members of the Board.
The Board may make, alter and rescind rules and forms for its procedure,
consistent with ordinances of the Borough and laws of the commonwealth.
The Board shall keep full public records of its business and shall
submit a report of its activities to the Borough Council once a year.
[Amended 12-8-1998 by Ord. No. 398]
A.
Certificate of appropriateness for building and structural
changes.
[Amended 11-14-2000 by Ord. No. 416]
(1)
The Board of Historical and Architectural Review shall
review requests for the following demolition, building construction
or alteration of all or parts of any contributing building located
in the Danville Borough Historic District. The contributing structures
are identified on the Danville Borough Historic District Map.
(a)
Changes to rooflines.
(b)
Changes in the size, style, shape or number
of doors, windows, or other openings.
(c)
Demolition and/or construction of porches, fences
and walls and the demolition and/or construction of appurtenant elements.
(d)
Structural enlargement (or demolition) of principle
or secondary buildings, or parts thereof.
(e)
All new building construction in the Historic
District.
(2)
The Board of Historical and Architectural Review shall
review requests for the demolition of 50% or more of an entire contributing
or noncontributing building or structure located within the Historic
District.
(3)
The Review Board shall review all applications to the above listed changes to buildings and shall forward their recommendation(s) to the Danville Borough Council for final consideration. [NOTE: The intent of Subsection A(1)(c) is to require HARB review prior to the demolition and/or construction of all porches, fences and walls, including fences and walls associated with a building, as well as fences and walls not associated with a building. In other words, no fence or wall is excluded/exempt from HARB review.]
B.
Review of nonstructural building changes.
[Amended 11-14-2000 by Ord. No. 416]
(2)
Subsection A(1) and (2) mandate the obtaining of a certificate of appropriateness for the changes covered by that subsection. Subsection B(1) requires consultation with the Review Board for advisory purposes only, but does not mandate compliance with any recommendations made by the Review Board for the changes covered by that subsection.
C.
Procedures of the Code Officer; applications for permits. When the Code Officer receives an application requiring the issuance of a permit for a property in the Historic District, procedures for the officer, at that time, shall be followed. The Code Officer shall also verify that the type of work to be done requires either: a certificate of appropriateness as referenced in Subsection A(1); review as referenced in Subsection B(1); or no review by Review Board or Borough Council. If the proposed work requires Review Board and/or Borough Council review and approval, no permit(s) shall be issued by the Code Officer until the proper reviews and actions have been rendered by the Review Board and/or Borough Council as described in this chapter. All applications requiring review must be received at least seven days prior to a scheduled Review Board meeting to be considered.
D.
Within seven days of receipt of an application requiring
review, the Code Officer shall notify the Board of Historical and
Architectural Review of said application. Upon receipt of the notice
from the Code Officer that an application requiring review has been
filed, the Review Board shall, within 30 days of receipt of such notice,
schedule meetings to consider the recommendation which it will present
to the Borough Council. The Borough Council will then make a final
decision based on information obtained from the Review Board.
E.
In the event that the Review Board fails to hold its
required meeting within 30 days from the date it receives notice from
the Code Officer that an application requiring review has been filed
or thereafter fails to submit its written report to the Borough Council
within 30 days of its meeting or in the event that the Borough Council
fails to hold its required meeting and to render its decision within
45 days from the date it receives the written report of the Review
Board, the decision shall be deemed to have been rendered in favor
of the applicant, unless the applicant had agreed in writing to an
extension of time.
[Amended 12-8-1998 by Ord. No. 398]
In determining the recommendation to be presented
to the Borough Council concerning the issuing of a certificate of
appropriateness authorizing the issuance of a permit, the Review Board
shall consider the following matters:
A.
The effect of the proposed change upon the general
historic and architectural nature of the district shall be considered.
B.
The building should possess a high degree of integrity
and quality with a minimum of nonarchitecturally significant intrusions.
C.
The building should possess a sense of cohesiveness
through characteristics of architectural style, such as height, proportion,
scale, rhythm and detail.
D.
The building should possess a special character or
special historical and aesthetic atmosphere, which distinguishes it
from the surrounding area.
E.
The building should be readily definable by either
man-made or natural boundaries with a major focal point or points
within it.
F.
The building should be significant in the historical
or cultural life of the Borough, the commonwealth or the nation.
G.
The Borough need not represent a particular architectural
style and may, in fact, contain a wide variety of styles, provided
that they are in harmonious relationship.
The Code Officer shall have the power to institute
any proceedings at law or in equity necessary for the enforcement
of this chapter.
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 chapter may be
temporarily waived to the extent that the applicant can render interim,
short-term repairs to ensure the property is safe and habitable under
the terms of the Pennsylvania Uniform Construction Code.[2] Any changes made to the building other than emergency
repairs, and any permanent alterations, shall be subject to the requirements
of this chapter.
Any person, firm or corporation who shall fail
to comply with the requirements of this chapter or violate the terms
hereof shall, upon conviction thereof, be sentenced to pay a fine
of not more than $1,000, plus costs of prosecution and, in default
of payment of such fine and costs, be imprisoned for a period not
in excess 90 days; provided, however, that each day's continuance
of a violation of any of the provisions of this chapter shall constitute
a separate offense.
