[Added 3-21-2001 by Ord. No. 1467]
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.
Boundaries. The boundaries of the Local Historic District are the
same as the boundaries of the National Historic District as listed
on the National Register of Historic Places. These boundaries are
as follows:
(1)
Beginning at the point of intersection of the southerly right-of-way
line of Boon Way and the westerly right-of-way line of Andrew Street;
thence southwardly along the said westerly right-of-way line of Andrew
Street to its point of intersection with the northerly right-of-way
line of Brush Way; thence westwardly along said southerly right-of-way
line of Brush Way to its point of intersection with the extended easterly
property line of 601 East Tenth Avenue; thence southwardly along the
said easterly property line of 601 East Tenth Avenue to its point
of intersection with the northerly right-of-way line of East Tenth
Avenue to its point of intersection with the extended westerly right-of-way
line of Louise Street; thence southwardly along the westerly right-of-way
line of Louise Street to its point of intersection with the northerly
right-of-way line of East Twelfth Avenue; thence generally westwardly
along the northerly right-of-way line of East Twelfth Avenue to its
point of intersection with the easterly right-of-way line of Stark
Way to its point of intersection with the southerly property line
of 410 East Eleventh Avenue; thence southwardly along the said property
line to its point of intersection with the property line separating
410 East Eleventh Avenue and 1110 McClure Street; then northwestwardly
along said property line to its point of intersection with the southerly
property line of 1110 McClure Street; thence southwestwardly along
said property line extended to the center line of McClure Street,
which is also the municipal boundary line separating the Borough of
Homestead and the Borough of Munhall; thence northwestwardly along
the said center line/Borough line to its point of intersection with
the center line of East Eighth Avenue, which is also the municipal
boundary line separating the Borough of Homestead and the Borough
of Munhall; thence eastwardly along the said center line/Borough line
to its point of intersection with the extended easterly right-of-way
line of Library Place; thence southwardly along the said easterly
right-of-way line of Library Place to its point of intersection with
the southerly right-of-way line of Boon Way; thence eastwardly along
the said southerly right-of-way line of Boon Way to its point of intersection
with the westerly right-of-way line of Andrew Street, the point of
beginning.
(2)
Beginning at the existing boundary of the Munhall Local Historic
District at the intersection of Andrew Street and Brush Way; thence
southward along the center line of Andrew Street to the intersection
of Andrew Street and Park Way; thence along the center line of Martha
Street to the intersection of Bluff Way; thence westward along the
center line of Park Way eastward to the intersection of Park Way and
Martha Street; thence along the center line of Martha Street southward
to the intersection of Martha Street and East Twelfth Avenue; thence
along the center line of East Twelfth Avenue westward to the existing
boundary of the Munhall Historic District at the intersection of East
Twelfth Avenue and Louise Street.
[Added 1-26-2007 by Ord. No. 1517]
(3)
Beginning at the existing boundary of the Munhall Local Historic
District at the intersection of Margaret Street and Twelfth Avenue;
thence eastward along the center line of Twelfth Avenue to the intersection
of Twelfth Avenue and Martha Street; thence southward along the center
line of Martha Street to the intersection of Bluff Way; thence westward
along the center line of Bluff Way to the intersection of Bluff Way
and Louise Street; thence along westward crossing over Louise Street
and proceeding along the southerly property line of 514, 512, 510
and 508 East Twelfth Avenue to the intersection of Blake Way; thence
westward crossing over Blake Way and proceeding along the southerly
property lines of 506, 504 and 500 East Twelfth Avenue to the intersection
of Margaret Street; thence northward along the center line of Margaret
Street back to the existing boundary of the Munhall Historic District
at the intersection of Margaret Street and Twelfth Avenue. Also, beginning
at the existing boundary of the Munhall Historic District at the intersection
of Twelfth Avenue and Stark Way; thence westward along the center
line of Twelfth Avenue to the intersection of Twelfth Avenue and McClure
Street; thence northward along the center line of McClure Street to
the existing boundary of the Munhall Historic District to the point
of intersection of McClure Street and property line of 1101 McClure
Street.
[Added 2-21-2007 by Ord. No. 1518]
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 11 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 or borough engineer of
each of the three boroughs, and the remaining six members shall be
two persons from each of the three boroughs who are residents of the
borough and who have 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 to vote, indicating such fact. It shall keep records
of its hearings and other official actions, all of 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 in this article.
(4)
Recommend areas and buildings to the borough council(s) for
designation as local historic districts.
(5)
Review and make recommendations to the borough council(s) on
applications for certificates of appropriateness pursuant to the requirements
of this article.
(6)
Develop and recommend to the borough council(s) 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)
To 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)
To advise owners of historic buildings on problems and issues
of preservation, renovation, restoration and maintenance.
Historic resources included in a historic district may include
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. The following kinds of districts
may be included in a historic district established by the Borough
Council:
(1)
National Register historic district. An area listed as a historic
district on the National Register of Historic Places.
(2)
Local 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.
B.
Classification of structures within historic districts. Within any
historic 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 council(s) by ordinance as historic
resources in the historic district and shall be subject to the provisions
of this article. In designating properties not listed in historic
districts for inclusion in a local historic district, the following
kinds of properties shall be eligible:
(1)
Properties 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 local historic 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.
For all land and buildings located within a local historic district,
a certificate of appropriateness must be approved by the Borough Council
prior to the issuance of a 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 the Local Historic District.
(2)
The reconstruction, alteration or restoration of the exterior
of any building or structure within the Local Historic District.
(3)
The razing, demolition or movement of any building or structure
within the Local Historic District.
B.
Exempt activities. A certificate of appropriateness shall not be
required for alterations to building interiors 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
30 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. 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 Borough Council
shall at its next regularly scheduled Council meeting 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, in writing, and will send a copy to the Pennsylvania
Historical and Museum Commission. In the letter of disapproval, it
shall indicate what changes in plans and specifications are necessary
to meet the conditions for protecting:
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 the Local Historic
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 projection 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. Except as provided in Subsection C below, 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)
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 other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplications
of features, substantiated by historic, physical or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings and structures.
(7)
The surface cleaning of structures shall be undertaken with
the gentlest means possible. Sandblasting and other cleaning methods
that will damage the historic building materials shall not be undertaken.
(8)
Every reasonable effort shall be made to protect and preserve
archaeological resources affected by or adjacent to any project.
(9)
Contemporary design for alterations and additions to existing
properties shall not be discouraged when such alterations and additions
do not destroy significant historical, architectural or cultural material
and such design is compatible with the size, scale, color, material
and character of the property, neighborhood or environment.
(10)
Whenever possible, new additions or alterations to structures
shall be done in such a manner that, if such additions or alterations
were to be removed in the future, the essential form and integrity
of the structure would be unimpaired.
C.
Standards for additions to noncontributing structures. The appropriateness
of additions to noncontributing structures in local historic districts
shall be judged primarily in terms of their visual impact on nearby
properties. Additions should generally be certified as appropriate
if their size is minor in relation to the total structure and if they
do not significantly increase the visual appearance of incompatibility
between the noncontributing structure and neighboring structures which
are contributing or significant.
D.
Standards for signs. All signs within the Local Historic District
shall comply with the sign regulations which are applicable in the
underlying zoning districts, unless excepted under the provisions
of this subsection hereunder and with the additional special standards
for signs contained elsewhere in this chapter.
(1)
A sign which meets the requirements of the applicable 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 applicable
zoning district requirements does not guarantee approval of certificate
of appropriateness.
(2)
The Historical Architectural Review Board may recommend and
the Borough Council may issue a certificate of appropriateness for
a sign which is not permitted by the regulations of the applicable
zoning district if the proposed sign is shown to be historically accurate
by documentation acceptable to the HARB.
E.
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 Local Historic 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
Local Historic 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)
Significant rotting and other forms of decay.
(4)
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. The Borough Council shall establish and update by resolution
a schedule of fees and a collection procedure relating to this article.
(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.
(2)
Any person permitting or causing demolition by neglect shall
be subject to a fine per day for every day that said condition remains
unabated or uncorrected after having received written notice of such
condition from the Borough.
