[Added 3-15-2000 by Ord. No. 1460]
A.
Purpose. Structures or districts with special historic, cultural,
architectural or educational significance enhance the quality of life
for all residents of the Borough of Munhall, Allegheny County, and
the Commonwealth of Pennsylvania. Accordingly, the purpose of the
Historic Overlay District(s) are:
(1)
To protect that portion(s) of the Borough reflecting the cultural,
economic, social, political and architectural history of the Borough
of Munhall, Allegheny County, the Commonwealth of Pennsylvania, and
the nation.
(2)
To preserve property values, attract future residents and strengthen
the local economy.
(3)
To foster public education, awareness of local history and civic
pride in the beauty and accomplishments of the past.
(4)
To establish special development requirements and procedures to assure
that new construction, reconstruction, alteration, rehabilitation,
restoration or demolition of buildings within the district(s) enhances
the character of the district(s).
B.
Map. The map entitled "Borough of Munhall Zoning Map" is the Official
Zoning Map for the Borough and illustrates the historic district(s)
as overlays to the underlying districts.
A historical architectural review board (HARB) is hereby created,
subject to the following requirements:
A.
Membership.
(1)
The Historical Architectural Review Board shall be a joint municipal
board of the Boroughs of Homestead, West Homestead and Munhall. Members
shall be appointed by the borough councils. It shall be composed of
not less than eight members. One member shall be a registered architect
appointed at large by the three borough councils, one member shall
be a licensed real estate broker appointed at large by the three borough
councils, one shall be a building inspector of each of the three boroughs
and the remaining three members shall be one person from each of the
three boroughs who is a resident of that borough and who has knowledge
of and interest in the preservation of historic districts.
(2)
Each Board member shall serve a term of three years and may be reappointed
for an unlimited number of terms by the borough councils. Board members
shall serve without compensation but shall be reimbursed for any personal
expenditures in the conduct of HARB business.
(3)
Board members are required to disqualify themselves from voting on
any project in which their own financial interests are directly or
indirectly involved.
B.
Meetings.
(1)
The Historical Architectural Review Board shall meet monthly at a
regularly prescribed date and meeting place and at other times as
its Chairperson may deem necessary. All meetings of the HARB shall
be open to the public. A simple majority of the HARB shall constitute
a quorum, and action taken at any meeting shall require the affirmative
vote of a majority of the Board members present.
(2)
The HARB shall adopt such rules and regulations as it considers necessary
in the administration of its duties. It shall keep minutes of its
proceedings, showing the vote of each member upon each question, or
if absent or failing to vote, indicating such fact. It shall keep
records of its hearings and other official actions, which shall be
immediately filed with the Borough Secretary and shall be a public
record.
(3)
The HARB shall prepare an annual report of its activities and present
it to the borough councils by February 1 of each year.
C.
Powers and duties. The HARB shall have the power and duty to:
(1)
Coordinate local historic preservation efforts with those of the
Pennsylvania History and Museum Commission and the National Trust
for Historic Preservation.
(2)
Sponsor public information activities, when deemed appropriate, publicizing
historic preservation efforts, including speaking engagements, press
releases, the preparation and publication of maps, brochures and descriptive
materials in the Boroughs, etc.
(3)
Conduct an inventory and classify historic resources according to
the criteria of this article.
(4)
Recommend areas and buildings to the borough councils for designation
as historic overlay districts.
(5)
Review and make recommendations to the borough councils on applications
for certificates of appropriateness pursuant to the requirements of
this article.
(6)
Develop and recommend to the borough councils specific guidelines
for each historic district prior to the establishment of such district,
delineating specific criteria for the approval of certificates of
appropriateness, in addition to the criteria listed in this article.
(7)
Recommend the establishment of an appropriate system of markers for
selected historic and/or architectural sites, buildings and structures,
including proposals for the installation and care of such historic
markers.
(8)
Advise owners of historic buildings on problems and issues of preservation,
renovation, restoration and maintenance.
Historic resources included in an overlay district may include
districts, individual structures or groups of structures, land or
land and structures in combination, provided that the resource has
architectural or historical significance to the community.
A.
Classification of historic districts.
(1)
National Register historic district. An area listed as a historic
district in the National Register of Historic Places.
(2)
Certified historic district. An area designated as a historic district
by local ordinance, which has been certified as significant by the
Pennsylvania Historical and Museum Commission according to the provisions
of the Historic District Act (Act 167 of 1961).[1]
[1]
Editor's Note: See 53 P.S. § 8001 et seq.
(3)
Local historic district. An area designated as a historic district
by the Borough Council, which has local historical or architectural
significance but lacks federal or state recognition.
B.
Classification of structures within historic districts. Within any
historic overlay district, all principal structures shall be classified
based on their contribution to the overall character and integrity
of the district in the following categories:
(1)
Significant. Structures that are outstanding examples of the architecture
of the district or of major importance in the history of the district.
(2)
Contributing. Structures that may lack individual significance, but
which contribute to the overall historic or architectural character
of the district.
(3)
Noncontributing or intrusion. Structures that do not contribute to
the overall historic or architectural character of the district.
C.
Classification of historic resources not in historic districts. Individual
structures, groups of structures, land, or land and structures in
combination may be designated by the borough councils by ordinance
as historic resources in the overlay district and shall be subject
to the provisions of this article. In designating properties not listed
in historic districts for inclusion in a historic overlay district,
the following kinds of properties shall be eligible:
(1)
Properties listed on the National Register of Historic Places or
evaluated by the National Park Service or the Pennsylvania History
and Museum Commission as eligible for listing on the National Register.
(2)
Properties identified as having outstanding historic or architectural
significance in a state historic resource survey or other competent
inventory and with the recommendation of the HARB.
D.
Procedure for designation.
(1)
The Historical Architectural Review Board shall have the responsibility
of recommending to the Borough Council the adoption of ordinances
designating sites or areas as historic overlay districts.
(2)
Prior to the designation of any historic overlay district, the Historical
Architectural Review Board shall submit to the Borough Council a report
and recommendation on the historical and architectural significance
of the site or area to be designated. Such report shall also attempt
to provide an indication of the economic status of the property or
properties under consideration for designation, including assessed
value, recent real estate transactions or other appropriate data.
The report shall also recommend the boundaries of any proposed historic
district and recommend standards and guidelines for the approval of
certificates of appropriateness in the proposed district.
A.
Permitted uses. All uses allowed as permitted uses in an underlying zoning district shall be allowed in the Historic Overlay District, subject to the certificate of appropriateness requirements of § 440-96 and the requirements of the underlying zoning district.
B.
Conditional uses. Any uses allowed as conditional uses in the underlying
zoning districts shall be allowed as conditional uses in the Historic
Overlay District, subject to the requirements of this subsection and
the certificate of appropriateness requirements of § 1440-96
below.
For all land and buildings located within a historic overlay
district, a certificate of appropriateness must be approved by the
Borough Council prior to the issuance of any building and/or demolition
permit.
A.
Activities requiring a certificate. With the exception of the uses and activities described in Subsection B, Exempt activities, a certificate of appropriateness will be required for the following:
(1)
The erection of any building or structure, including signs, within
a historic overlay district.
(2)
The reconstruction, alteration or restoration of the exterior of
any building or structure within a historic overlay district.
(3)
The razing, demolition or movement of any building or structure within
a historic overlay district.
B.
Exempt activities. A certificate of appropriateness shall not be
required for alterations to building exteriors or for normal repairs
and maintenance to building exteriors, such as repainting, provided
such repair and maintenance activity does not include any change in
color or any structural alterations.
C.
Application requirements. Applications for certificates of appropriateness
required by this section shall be made to the Zoning Officer on forms
provided, together with architectural sketches, elevations and other
information described on the application form.
D.
Notice of public meetings. Prior to considering any application for
a certificate of appropriateness required by this section, the Historical
Architectural Review Board shall provide public notice of the date,
time and location of the public meeting at which the Board shall consider
the application for any such certificate. Such notice shall appear
at least one time in a newspaper having general circulation in the
Borough and shall appear no less than seven days prior to the date
of such public meeting.
E.
Recommendation by the Historical Architectural Review Board. Within
15 days after the public meeting to consider the application for a
certificate of appropriateness, the Historical Architectural Review
Board shall submit its written recommendation to the Borough Council.
F.
Action by the Borough Council. Within 45 days after receipt of the
recommendation from the Historical Architectural Review Board, or
if no recommendation is received, then 60 days after the public meeting,
the Council shall either:
G.
Notice of decision. The Borough Council shall notify the applicant
of its decision in writing and, in the case of a denial, specify the
reasons therefor.
The recommendation and decision on an application for a certificate
of appropriateness shall be based on the following standards, as is
applicable to the particular activity and/or use of the property and
the buildings thereon:
A.
Standards for new construction. New construction in a historic overlay
district will be certified as appropriate if it is compatible with
the scale and basic design elements of adjacent and neighboring buildings
which are classified as significant and contributing and with distinguishing
site design elements of the district. The intent is not to require
or encourage new buildings to look like old buildings but to assure
pleasing and harmonious relationship between old and new that will
maintain and strengthen the architectural character of the historic
district. The following design elements shall be considered in the
evaluation of the appropriateness of new construction:
(1)
Building height. New buildings should be constructed to a maximum
height that is within 10% of the average height of neighboring buildings.
(2)
Elevation proportion. The relationship between the height and width
of the front elevation of a new building should be within 10% of the
average proportions of adjacent buildings.
(3)
Proportion of openings. The relationship of height to width of windows
and doors of a building should be within 10% of the proportions of
windows and doors of adjacent buildings.
(4)
Spacing of windows and doors. The spacing of windows and doors in
the front facade of a building should be similar to adjacent buildings.
(5)
Horizontal lines. Header and sill lines of a building should be located
at similar heights or elevations as the horizontal lines of adjacent
buildings.
(6)
Spacing of buildings on street. Setbacks and side yards of new buildings
should be similar to those on adjacent parcels. Placement of sidewalks
and projections of porches should be similar to adjacent buildings.
(7)
Roofs. The shape, style and material of the roof of a new building
should be similar to the roofs of adjacent and surrounding buildings.
(8)
Building materials. Building materials should be compatible with
materials commonly used within the historic district.
(9)
Color. The predominant color of a building and the color of its trim
should be compatible with the colors of surrounding buildings.
(10)
Architectural details. The use of specific architectural elements
and details such as porches, dormers, cornices, brackets, quoins,
balustrades and the like may be used to strengthen the relationship
of new construction to the existing architecture of the district;
however, such detailing is not sufficient to assure appropriateness
if the structure is not related to its surroundings in terms of massing,
rhythm and proportions.
(11)
Landscaping. The use of plant materials that are traditional
in the district should be encouraged. Similarly encouraged is the
use of paving and fence materials that are traditional in the district.
B.
Standards for rehabilitation. The following "Standards for Rehabilitation"
shall be used by the Historical Architectural Review Board when determining
if a rehabilitation project is appropriate. These standards are a
section of the Secretary of the Interior's "Standards for Historic
Preservation Projects" and appear in Title 36 of the Code of Federal
Regulations, Part 1208 (formerly 36 CFR Part 67).[1]
(1)
Every reasonable effort shall be made to provide a compatible use
for a property which requires minimal alteration of the building,
structure or site and its environment, or to use a property for its
originally intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environment shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
features should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that have no historical basis and which
seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of time are evidence
of the history and development of a building, structure or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
which characterize a building, structure or site shall be treated
with sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced wherever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture and district, unless excepted under the provisions
of this subsection hereunder and with the additional special standards
for signs contained elsewhere in this chapter.
(a)
A sign which meets the requirements of the underlying district
must still be certified as appropriate in relation to the specific
building on which it is to be located and in terms of compatibility
with signs in the surrounding area; compliance with the underlying
zoning district requirements does not guarantee approval of a certificate
of appropriateness.
C.
Standards for demolition or relocation of structures.
(1)
In the case of a building to be razed, demolished or moved, the Historical
Architectural Review Board and the Borough Council shall consider
the extent to which the loss of the building will detract from the
Historic Overlay District and the purposes of this section and the
public benefit to be gained by preserving the building or district
in comparison to any loss or hardship to be suffered by the property
owner.
(2)
If the initial recommendation of the Review Board is against the
proposed demolition, a period of 90 days shall be provided during
which the Review Board shall attempt to negotiate with the applicant
in order to achieve an acceptable alternative to the proposed demolition.
If agreement is not reached by end of the ninety-day period, the Review
Board shall transmit its negative recommendation to the Borough Council,
which shall issue or deny a certificate of appropriateness based on
its consideration of all of the information presented. If the Borough
Council authorizes issuance of a permit for demolition after a negative
recommendation from the Review Board, a permit shall not be issued
for 10 days, during which time the Historical Architectural Review
Board may request and the Borough Council may order that issuance
of a permit be delayed for an additional 90 days in order to allow
documentation of the resource prior to its destruction.
A.
Condition. No person owning any building or structure within the
Historic Overlay District shall permit or cause such building or structure
to suffer demolition by neglect.
B.
Definition. "Demolition by neglect" exists where there is:
(1)
Deterioration of exterior walls or other vertical supports, roofs
or other horizontal members and external chimneys such that the structural
integrity of the building may be threatened or compromised.
(2)
Ineffective waterproofing of exterior walls, roofs and foundations causing or contributing to the deterioration specified in Subsection B(1) above.
(3)
Creation of any hazardous or unsafe condition or conditions.
A.
Code Enforcement Officer. The Code Enforcement Officer shall have
such power to institute a proceeding at law or in equity to enforce
the provisions of this article as is provided elsewhere in the Code
of the Borough.
B.
Fines.
(1)
Any person demolishing or razing or causing the demolition or razing
of all or part of any building or structure without first obtaining
a certificate of appropriateness in accordance with this article shall
be fined $500.
(2)
Any person permitting or causing demolition by neglect shall be subject
to a fine of $100 per day for every day that said condition remains
unabated or uncorrected after having received written notice of such
condition from the Borough.
