[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.
C. 
Boundaries.
(1) 
The boundaries of the local historic district are as shown on the attached map entitled the "Borough of Munhall Historic Overlay Zoning Map."[1]
[1]
Editor's Note: The Borough of Munhall Historic Overlay Zoning Map is on file and may be seen at the Borough office.
(2) 
The boundaries of the National Historic District are as listed on the National Register of Historic Places.
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.
(3) 
The recommendation of the Historical Architectural Review Board shall not become final until it is approved and adopted by the Borough Council in accordance with the requirements for zoning amendments under Article XII of this chapter.
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:
(1) 
Issue the certificate of appropriateness.
(2) 
Issue the certificate of appropriateness subject to reasonable conditions.
(3) 
Deny the certificate of appropriateness.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.