[Ord. 1118-91, 8/12/1991, § 101]
1.
In accordance with the provisions of Act 167, P.L. 252, No. 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 the Commonwealth of Pennsylvania on
the 13th day of June 1961, and as amended, there is hereby created
in the Borough an historic district to be known as the "Gettysburg
Historic District."
2.
This Part shall be known and may be cited as the "Gettysburg Historic
District Ordinance."
[Ord. 1118-91, 8/12/1991, § 102]
1.
To safeguard Gettysburg's historic identity as it is represented
in structures, streetscapes and sites of historical, architectural
and archaeological value within the Historic District.
2.
To awaken in residents an interest in Gettysburg's cultural,
economic, social, political and architectural history, and consequently
an understanding that the appearance of the Historic District is a
valuable but fragile resource which must be protected and preserved.
3.
To stabilize and improve property values in the Historic District.
4.
To strengthen the Borough's economy through recognition that
visitors are interested in Gettysburg's historic buildings and
streetscapes as a part of the context of the Gettysburg National Military
Park.
5.
To encourage proper enforcement of the Borough's building, housing
and property maintenance codes, particularly as they apply to properties
in the Historic District.
6.
To discourage demolition and other inappropriate changes to historic
structures by providing advice or other assistance for their stabilization,
preservation, rehabilitation or restoration so as to perpetuate their
usefulness.
7.
To ensure that size, scale and design of new construction within
the Historic District is in harmony with the old.
8.
To discourage excavations which could disturb potentially important
archaeological sites.
[Ord. 1118-91, 8/12/1991, § 103; as amended by
Ord. 1222-99, 4/12/1999, § 1]
1.
For purposes of this Part, the Gettysburg Historic District shall
consist of the area shown on the attached map, entitled "Borough of
Gettysburg Historic District and 1999 District Extensions," prepared
by E. W. Christ, Historical Consultant, dated March 22, 1999, plus
the list of individual properties hereinafter set forth which are
located outside the areas designated on the attached map. The attached
map shall be referred to as the "Official Historic District Map" and
is incorporated herein by reference.[1]
[1]
Editor's Note: The map is included as an attachment to this chapter.
2.
Regardless of the existence of purported copies of the Official Historic
District Map and List which, from time to time, may be made or published,
the Official Historic District Map and Individual Properties List
shall be located in the office of the Historic Preservation Officer
of the Borough. Such Official Historic District Map shall be the final
authority as to the current historic status of buildings and other
structures in the Borough.
3.
Where uncertainty exists as to the boundaries of the Historic District
as shown on the Official Historic District Map, the following rules
of construction 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.
Boundaries indicated as approximately following plotted lot lines
shall be construed as following such lot lines.
C.
Boundaries indicated as parallel to or extensions of features indicated
above shall be so construed.
D.
Where physical or cultural features existing on the ground are at
variance with those shown on the Official Historic District Map or
in other circumstances not covered by the above, the Borough Council
shall interpret the Historic District boundaries.
4.
In addition to the area shown on the Official Historic District Map,
the following list of individual properties are included in the Gettysburg
Historic District and are therefore under the jurisdiction of this
Part:
|
Assess. Map No.
|
Parcel Number
|
Location
|
Notes
|
When Built
| |
|---|---|---|---|---|---|
|
—
|
—
|
159 West Broadway
|
Doersom-Livers-Clutz House
|
CA. 1850
| |
|
—
|
—
|
Confederate Avenue (Lutheran Seminary Campus)
|
"Krauth Residence"
|
1834
| |
|
—
|
—
|
Confederate Avenue (Lutheran Seminary Campus)
|
"Old Dorm"
|
1832
| |
|
—
|
—
|
Confederate Avenue (Lutheran Seminary Campus)
|
"Schmucker Residence"
|
1833
| |
|
9
|
15
|
West Confederate Avenue and West Middle Street
|
"Shultz House"
|
1831
| |
|
7
|
113
|
402 Hanover Street
|
General Ewell's Headquarters
|
Pre-1863
| |
|
4
|
68
|
444 Old Harrisburg Road and Broadway East
|
Pre-1863
| ||
|
—
|
—
|
N. Washington Street (Gettysburg College Campus)
|
"White House"
|
1860
| |
|
—
|
—
|
N. Washington Street (Gettysburg College Campus)
|
"Pennsylvania Hall" or "Old Dorm"
|
1837
|
[Ord. 1118-91, 8/12/1991, § 104]
1.
BOROUGH COUNCIL
BOROUGH PLANNING COMMISSION
BUILDING
CERTIFICATE OF APPROPRIATENESS
CODE ENFORCEMENT OFFICER
DEMOLITION BY NEGLECT
HISTORIC DISTRICT BUILDING PERMIT
HISTORIC DISTRICT BUILDING PERMIT APPLICATION
Administrative Definitions.
The governing body of the Borough of Gettysburg.
The agency which advises the Borough Council on planning
and planning-related matters.
Any combination of construction materials that forms an enclosed
or open structure.
The statement signed by the Borough Secretary certifying
the Borough Council's approval of the appropriateness of a particular
request for the construction, alteration, stabilization, preservation,
rehabilitation, restoration, reconstruction or demolition of all or
part of a building within the Historic District and authorizes issuing
a building permit for said request.
An officer of the Borough designated by the Borough Council
to ensure that applicants follow procedures mandated by this Part
and to investigate and enforce compliance with said Part.
The absence of routine repair that leads to structural weakness,
decay and deterioration of a building to a point that causes a need
for major repair or may cause a need for demolition.
[Added by Ord. 1409-13, 5/13/2013]
An approval statement signed by the Historic Preservation
Officer authorizing the construction, alteration, stabilization, preservation,
rehabilitation, restoration, reconstruction or demolition of all or
a part of any building in the Historic District.
Information about project plans supplied on a standard form
to be filed with the Historic Preservation Officer by any person who
seeks authorization to construct, alter, stabilize, preserve, rehabilitate,
restore, reconstruct or demolish all or part of any building within
the Historic District.
2.
ALTERATION
CONSTRUCTION
DEMOLITION
PRESERVATION
PROTECTION
RECONSTRUCTION
REHABILITATION
RESTORATION
STABILIZATION
Project Treatment Definitions.
Any change, modification or addition to a part of or all
of the exterior of any building or structure.
Any or all work necessary for the erection of any building
or structure from a combination of materials that forms a safe and
stable structure.
The dismantling, tearing down, removal or razing of a building,
in whole or in part. This term shall not include changes to the interior
of a building, provided such changes do not alter the structural integrity
of the building.
[Amended by Ord. 1409-13, 5/13/2013]
The act or process of applying measures to sustain the existing
form, style, integrity, and material of a building or structure. It
may include initial stabilization work, where necessary, as well as
ongoing maintenance of the historic building materials.
The act or process of applying measures designed to affect
the physical condition of a property by defending or guarding it from
deterioration, loss or attack, or to cover or shield the property
from danger or injury. In the case of buildings and structures, such
treatment is generally of a temporary nature and anticipates future
historic preservation treatment; in the case of archaeological sites,
the protective measures may be temporary or permanent.
The act or process of reproduction by new construction of
the exact form and detail of a vanished building, structure, or object,
or a part thereof, as it appeared at a specific period of time.
The act or process of returning a property to a state of
utility through repair or alteration which makes possible an efficient
contemporary use while preserving those portions or features of the
property which are significant to its historical, architectural, and
cultural values.
The act or process of accurately recovering the form and
details of a property and its setting as it appeared at a particular
period of time by means of the removal of later work or by the replacement
of missing earlier work.
The act or process of applying measures designed to reestablish
a weather-resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
3.
CRITICAL PROJECT
MAJOR PROJECT
MINOR PROJECT
SENSITIVE BUILDING
Definition of Project Categories.
A project involving demolition of all or part of any building, or change of configuration and rhythm of any building as a whole, or any alteration to a sensitive building, as defined in the definition of "sensitive building" in this Subsection 3.
A project proposed for a nonsensitive building involving
replacement with other than original materials or design of existing
building components such as windows, doors, soffits, rain channels,
roofs, siding, porches, fencing, shutters, and awnings in a manner
that does not change the configuration and rhythm of the building
as a whole, and is proposed for a nonsensitive building.
A project that does not result in a change in appearance
of a building, such as replacing deteriorated wood with identical
wooden pieces.
Any building that has been standing for at least 50 years
at the time of application, even though it has been considerably modified,
and certain sites of later historic significance or buildings that
the Board has determined to be exemplary of later architectural styles.
Other buildings in the Historic District are considered nonsensitive.
4.
ANIMATED SIGN
BUSINESS SIGN
ILLUMINATED SIGN
MINOR SIGN CHANGE
REVIEWABLE SIGN
SIGN
TEMPORARY SIGN
Definitions Pertaining to Signs.
A sign with action or motion, flashing lights or color changes
requiring electrical energy, electronic or manufactured sources of
supply, but not including wind-actuated elements such as flags, banners
or pennants.
A sign which announces or directs attention to a business,
product, service or activity sold or conducted on the premises where
such sign is located.
A sign incorporating a source of light in order to make the
message readable. Included are internally and externally lighted signs.
A change in wording of a sign that does not affect color,
style of lettering, symbols, shape, size, lighting or suspension;
or relocation of a sign that will not affect the historical character
of a building or streetscape, as determined by the Code Enforcement
Officer.
Any new sign, or proposed change to an existing sign affecting
color, style of lettering, symbols, shape, size, lighting or suspension;
or relocation of a sign that the Code Enforcement Officer has determined
might affect the historic character of a building or streetscape.
A lettered board, structure or other surface, or any other
device, used to visually announce, advertise or convey information
to the public for any purpose.
A sign conveying information of current and temporary interest.
[Ord. 1118-91, 8/12/1991, § 105; as amended by
Ord. 1230-99, 8/9/1999, § 1]
The Historic-Architectural Review Board is hereby established,
to be composed of seven members appointed by Borough Council. If possible,
appointees should be residents of the Borough; only if well-qualified
residents cannot be located should nonresidents be appointed. The
Council may give favorable consideration to nonresidents who own property
in the Borough. The membership of the Board shall be as follows:
A.
Four members shall be persons with knowledge of, and interest in,
matters pertaining to preservation of the Historic District, such
as historic architecture, history and, in particular, local history,
archaeology, or techniques of building preservation; one shall be
a registered architect; one shall be a licensed real estate broker;
and one shall be the Borough Code Enforcement Officer/Building Inspector.
B.
Board members shall serve for a term of five years. The terms of
the members shall be fixed so that no more than two members whose
terms have expired shall be replaced or reappointed during any one
calendar year. The position of any member of the Board appointed in
the capacity of registered architect, licensed real estate broker
or Code Enforcement Officer, should the member cease to be engaged,
shall be considered vacant. An appointment to fill a vacancy shall
be only for an unexpired portion of the term. There shall be no limit
as to the number of terms that Board members may serve.
[Ord. 1118-91, 8/12/1991, § 106]
1.
The Board shall give recommendations to the Gettysburg Borough Council
regarding the advisability of issuing any certificates of appropriateness
required to be issued in accordance with the said Act of June 13,
1961, as amended, and this Part. For this purpose, the Board should
devise written rules and regulations for its own organization and
procedures, consistent with this Part 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 a majority (four
members) of the Board. Board members are required to disqualify themselves
from voting on any project in which their own financial interests
or those of their immediate families are directly or indirectly involved.
2.
The Board shall furnish the Borough Council with minutes of its meeting
each month at least five days before the Council's regular meeting
and shall submit an annual summary report of Board transactions. The
Board may request approval from the Borough Council to employ secretarial
or other staff, their salaries and wages to be paid by the Borough
Treasurer, and to incur other necessary expenses.
[Ord. 1118-91, 8/12/1991, § 107]
The Board shall have, in addition to the aforementioned powers
and duties, the following powers and duties, which may be delegated,
with concurrence of the Borough Council, to other boards or commissions
appointed by Council or to individuals or committees recruited by
this Board. Work done by Board-recruited entities should be reviewed
by the Board before it takes any action on such work.
A.
To conduct a survey of buildings within the Borough for the purpose
of determining those of historic and/or architectural significance
and pertinent facts about them, and to permanently maintain and periodically
revise the detailed listing of historic sites and buildings and data
about them, appropriately classified with respect to national, state
or local significance, to period or field of interest, or otherwise.
B.
To propose, from time to time as deemed appropriate, the establishment
of additional historic districts and revisions to existing historic
districts.
C.
To prepare a list, that should be updated as needed, or at least
annually, of buildings built in the last 50 years that are exemplary
of various architectural styles and/or that are sites of later historic
significance.
D.
To formulate recommendations concerning the establishment of an appropriate
system of markers for selected historic, architectural, and archaeological
sites and buildings and to formulate proposals for the installation
and care of such historic markers.
E.
To formulate recommendations concerning the preparation and publication
of maps, brochures, and descriptive material about the Borough's
historic, architectural, and archaeological sites and buildings.
F.
To cooperate with and advise the Borough Council, the Borough Planning
Commission, and other Borough agencies in matters involving historically,
architecturally, and archaeologically significant sites and buildings,
(such as appropriate land usage, parking facilities and signs, as
well as adherence to lot dimensional regulations and minimum structural
standards).
G.
To cooperate with and enlist assistance from the National Park Service,
the National Trust for Historic Preservation, the Pennsylvania Historical
and Museum Commission and other agencies, public and private, from
time to time concerned with historic buildings and sites and buildings.
H.
To advise owners of historic buildings and sites on issues of preservation.
I.
To advise applicants and citizens on eligibility requirements for
rehabilitation tax credit certification.
J.
To provide information on interior preservation to those who request
it.
K.
To identify persons with expertise whom it may call upon to provide
special information and advice.
L.
To promote public interest in the purposes of this Part by carrying
on a public relations program.
[Ord. 1118-91, 8/12/1991, § 108]
1.
Responsibilities of the Code Enforcement Officer.
A.
The Code Enforcement Officer shall receive applications for projects
involving signs or alterations to Historic District buildings and
determine the category under which the project falls. He/she may approve
without referring to the Board any application for a minor sign change
or minor project.
B.
For all other applications, he/she shall give written notification
to the applicant of the date, time and place of the Board meeting
at which the application will be considered. This notification shall
be made by filling in the information on a form, in duplicate, including
dated signatures of the Code Enforcement Officer and the applicant,
one copy to be given to the applicant and one to be kept by the Code
Enforcement Officer. In addition, the form shall include a recommendation
that approval is likely to be facilitated by appearance of the applicant
or a designated representative at the Board meeting for the reason
that questions may thus be promptly resolved. If the Code Enforcement
Officer is unavailable when an application is submitted, other members
of the Borough office staff shall be authorized to supply and sign
this notification.
C.
After determining the category of a project, he/she shall advise
applicants on materials needed for the Board's deliberations
in that category, request additional copies if appropriate, inspect
applications for completeness, and supply completed applications at
Board meetings. Applications should be assembled at least five days
before the next Board meeting and should be available for examination
by Board members in the interim. Project categories and required materials
are as follows:
(1)
Application for a minor project must include a description of
work to be done and one or more color photographs of sufficient quality
to show the building as a whole and details of the part or parts to
be repaired.
(2)
Application for a major or critical project must include a narrative
description and drawings to scale of the proposed work, quality color
photographs of the building in all relevant perspectives, a plot plan,
the name of the contractor, if known, and the estimated cost.
D.
The Code Enforcement Officer shall be responsible for preparing a
meeting agenda to be mailed to Board members at least five days before
each meeting. The agenda shall include a list of projects and signs
to be considered, stating for each the applicant's name, the
address of the building or sign, the name of the business in the case
of signs, the project category, and a description of the proposed
alterations or sign.
E.
The Code Enforcement Officer shall not issue a building or sign permit
for any project, except a minor sign change or minor project, until
the Borough Council has issued a certificate of appropriateness.
F.
Prior to each Board meeting, the Code Enforcement Officer shall inspect
all sites for which he/she has issued permits for minor projects,
minor sign changes, and reviewable signs since the previous Board
meeting and shall submit to the Board a written certification of compliance
in the case of completed work. If work is not complete, he/she shall
continue monthly inspections until it is.
G.
He/she shall monitor progress of any major or critical project or
erection of a reviewable sign by making visits to the site. If he/she
finds noncompliance with the terms of the building or sign permit,
he/she shall immediately notify the Chair or other designated Board
or staff member and notify the applicant, issuing a stop-work order
until agreement is reached on correcting the problem.
H.
He/she shall maintain in his/her office, available for public inspection,
a record of applications and of his handling, inspections and final
disposition of the same, which shall be in addition to, and appropriately
cross-referenced with, his other records.
2.
Other Responsibilities. The following responsibilities may be assigned
by the Board to an additional staff member, a Board member, or to
the Code Enforcement Officer.
A.
To keep indexed files containing historical and architectural information
on buildings and neighborhoods in the Historic District.
B.
To assemble information on architectural styles and techniques of
preservation for use by Board members, applicants and other interested
people. This includes devising an indexing system and a loan system.
C.
To consult with applicants before or after submission of their applications,
informing them of appropriate preservation techniques and of conditions
stated in this Part. He/she shall present to the applicant whatever
historical information about the building is on file and may supply
him/her with a copy of the documentation. However, he/she shall refrain
from giving predictions about the Board's decision on the project.
D.
To educate the public, including specialized sectors such as real
estate agents or building contractors, on matters pertaining to the
Historic District through informational meetings, displays, and dissemination
of written materials.
E.
To promote continuing education of Board members by supplying pertinent
publications and facilitating their attendance at meetings and seminars.
F.
To recruit members of the public for work furthering any of the goals listed among powers and duties in § 11-107 of this Part.
G.
To inform the Board of available grants and apply for them after
obtaining concurrence of the Board and Borough Council.
H.
To inform new property owners in the Historic District of regulations
regarding the district and, when an expansion of the Historic District
becomes effective, to so inform all residents in any added section.
I.
Preliminary to each meeting of the Board, to assemble available historical
data on each building for which an application has been filed.
[Ord. 1118-91, 8/12/1991, § 109]
2.
On considering applications for all projects, including signs, the
Board shall begin by briefly stating the architectural style of the
building and noting its distinctive features, including the degree
of architectural integrity it possesses. When appropriate, information
about neighboring buildings or streetscape may be included. The Board
shall present to the applicant whatever newly obtained historical
information it has about the building and may supply him/her with
a copy of the documentation. These statements and presentations shall
be done in a manner to awaken applicants' interest in their buildings.
3.
The Board shall invite applicants or their representatives to explain
their projects and their reasons for applying and may question them
in regard to details. The Board may invite other persons with appropriate
expertise to attend its meetings to observe or advise.
[Ord. 1118-91, 8/12/1991, § 110]
1.
Alterations that can be seen from a public street, alley or other
public space are to be considered essential in determining the recommendations
to be presented to the Borough Council concerning the issuing of a
certificate of appropriateness for an application. In making its determinations,
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 effect of the proposed change upon the overall appearance of
the street on which it is located, including continuity of the building
line.
C.
The following architectural features of the building and/or site
under consideration along with the compatibility with those of neighboring
buildings shall be taken into account:
(1)
Modifications to its architectural style that have been made
over time. In consultation with the applicant, a decision should be
made whether a return to its original style is appropriate or whether
style or characteristics that the building possessed at some later
period should be preferred.
(2)
Appropriate proportions in the height and width of facades and
of the doors and windows therein.
(3)
Rhythm of spacing of buildings on the street, including placement
of windows or doors on exposed side elevations, which helps to achieve
the appearance of an intact line of buildings and uniformity in their
relationship to the street.
(4)
Historic authenticity of entrance and/or porch projections and
rhythm of such elements on the street as a whole.
(5)
Compatibility of textures of building materials as combined
on the building and in relation to textures of neighboring buildings.
(6)
Historic authenticity and/or compatibility of architectural
details, including, but not limited to, siding, arches, balustrades,
brackets, cornices, cupolas, doors, ironwork, lintels, quoins, shutters,
storm windows, window design, etc., in relation to the structure under
consideration and to adjacent ones.
(7)
Compatibility of roof shapes on parts of the building under
consideration and in relation to neighboring buildings.
(8)
The importance of fences and walls to the cohesiveness of the
building line, and historic appropriateness of the materials from
which these are made, such as brick or stone walls, wrought-iron or
wooden picket or plank fencing. The function of fences and walls in
concealing parking spaces from street view may also be considered.
(9)
Location of air-conditioner, ventilation and heating systems
and broadcast reception devices, so as to be as inconspicuous as possible.
Applicants shall be encouraged to remove nonfunctional reception devices.
(10)
Scale of buildings and architectural detail as relates to human
size, bearing in mind that the streets of the Historic District were
developed at a time when walking was the primary means of moving about
and buildings were intended to be viewed from this perspective.
(11)
In addition, the Board may offer advice on colors, paving materials
or living landscaping features, but approval may not be denied on
these grounds. Such advice might include discussion of historically
authentic paint colors along with compatibility of color combinations
on the building and in relation to colors of neighboring buildings
and placement of screening hedges or appropriateness of paving materials
with use of brick for public walkways and brick, cobblestone or flagstone
for walkways within yards and pebblestone for driveways and parking
spaces encouraged in preference to concrete or asphalt.
D.
The effect of the proposed change upon the future condition of the
building and possibility of restoration in the future.
(1)
The removal, alteration or covering of any historic material
or distinctive architectural features should be avoided when possible.
If any such items are removed, they shall be properly recorded and,
if possible, stored for future study or reuse. If historic material
is covered, precautions should be taken that such features not be
damaged.
(2)
Whenever possible, additions or alterations to buildings 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.
(3)
The surface cleaning of masonry shall be undertaken with the
gentlest means possible. Sandblasting and other cleaning methods that
will damage the historic building materials shall not be undertaken.
When brick has been painted in the past, repainting rather than paint
removal shall be recommended.
E.
Contemporary design for additions to existing buildings that differentiate
between old and new parts shall not be discouraged when such additions
do not destroy significant historic, architectural or cultural material
and such design is compatible with the size, scale, color, material,
aesthetics and character of the building.
2.
The height of any new buildings or structures shall not exceed the
height of the tallest adjacent building or structure by more than
10%. This requirement shall also apply to any proposed modifications
to existing buildings or structures. However, the Board may recommend
grant of a variance from this height limitation where it determines
that an unnecessary hardship is caused thereby and that grant of the
recommended variance will not have an inappropriate effect on either
the building or structure involved or on the general historic and
architectural nature of the district; provided that if the building
or structure is constructed to a height taller than any adjacent building
or structure, no building or structure adjacent to it shall thereafter
be constructed to a still greater height without the grant of variance
as herein provided.
3.
Demolition.
A.
Application Requirements.
(1)
An individual or entity proposing to raze or demolish a building
in the Historic District shall first submit a written application,
in a form provided by the Borough, which shall contain the following
information:
(a)
The name, address and telephone number of the applicant (and
such information for the owner if not the applicant).
(b)
The address of the building to be razed or demolished.
(c)
The date and manner in which the current owner acquired the
property.
(d)
The proposed use of the property following the proposed demolition
of the building.
(e)
Photographs of the building or part thereof proposed for demolition.
(f)
Photographic evidence and a written description of the deteriorated
condition of the building.
(g)
The reason or reasons for the proposed demolition.
(h)
An explanation as to why rehabilitation, reuse, plan alteration,
or stabilization with the intent to market and sell the property is
not feasible or desirable.
(i)
A statement on the proposed disposition of architectural features/building
materials.
(2)
The Borough Planning Department shall prepare a report to the
Board that includes: the maintenance of the building by the applicant/owner
since it was acquired; whether the applicant/owner has neglected maintenance
to destroy the building's historic integrity or its structural
integrity; whether the applicant/owner has removed architectural fixtures
from the exterior of the structure or otherwise damaged the property;
and any previous or current code enforcement citations.
(3)
An application involving demolition of a sensitive building,
as defined in this Part, shall not be deemed complete or be considered
by the Board unless the following information is also submitted for
review and consideration:
(a)
An appraisal report relative to the fair market value of the
subject property obtained by the applicant/owner for the purpose of
obtaining financing or for other purposes.
(b)
A report by a registered professional engineer, with experience
in structural engineering, setting forth an opinion of the structural
integrity of the building to be razed or demolished and any other
useful information. The payment of costs of such report shall be the
responsibility of the applicant/owner. The Borough shall forward the
report to an independent registered professional engineer for review
and recommendation to the Board.
(c)
Two written cost proposals from qualified contractors to determine
both the cost of the repairs required to bring the building into conformity
with all applicable codes and the cost to demolish the building.
(d)
A site plan, prepared by a registered design professional, showing
the property boundaries and the location of all buildings, utilities,
rights-of-way, easements, entrances, and/or exits on said property
as well as a site plan showing new structures, utilities, rights-of-way,
easements, entrances, and/or exits.
(e)
A list of bona fide offers for sale or lease of said property
and, if the property is for sale, a copy of the contract listing the
sales agreement.
(f)
At its discretion, the Board may request that a study be completed
and a report of such study be prepared by an architect or planner
with a background in historical preservation. The study shall address
the relationship of the building proposed to be demolished to the
Historic District, as well as the impact the demolition of the building
and site development will have on the immediate block or area where
it is located. The cost and review of such study shall be the responsibility
of and shall be paid for by the applicant/owner.
B.
Criteria.
(1)
In making a recommendation to the Borough Council regarding
the issuance of a certificate of appropriateness where a permit is
sought for demolition of a building within the Historic District,
the Board shall consider the following criteria:
(a)
Whether the building under consideration for demolition contributes
to the character of the Historic District or if the building has significant
historic character.
(2)
In requesting the issuance of a certificate of appropriateness
for demolition, the applicant/owner shall provide credible evidence
that the following conditions exist:
(a)
The existing building cannot feasibly and reasonably be reused
or is structurally unsound, and that its condition is not the result
of the intentional neglect or the demolition by neglect by the applicant/owner.
(b)
The denial of the demolition would result in unreasonable economic
hardship to the owner, based on the following criteria:
[1]
The applicant/owner has demonstrated that the condition of the building constitutes a serious and immediate threat to the safety of the public or occupants, that cannot be eliminated without repairs required to meet specified safety code standards, that would exceed 50% of the appraised value of the structure itself documented in § 11-110, Subsection 3A(3)(a) and (c).
[2]
The applicant/owner has demonstrated that there would be no reasonable long-term economic benefit from the preservation of the building. In making a claim of unreasonable economic hardship in § 11-110, Subsection 3C, all potential uses for the building shall be thoroughly examined and addressed in the application. When a claim of unreasonable economic hardship is being made in reference to a proposed demolition pursuant to this Part, the owner/applicant shall present evidence sufficient to prove that, as a result of denial of a demolition permit, the owner/applicant is unable to obtain a reasonable return or a reasonable beneficial use from the property. The owner/applicant of record shall submit by affidavit to the Board all the information set in § 11-110, Subsection 3C. An assertion that the owner/applicant can achieve a greater economic return by demolishing the building or that the owner lacks adequate funds to pursue potential uses or adaptive reuses is considered to be insufficient to sustain a claim of unreasonable economic hardship.
(c)
The demolition is necessary to allow a project to occur that
will have substantial public benefit which outweighs the loss of the
building, and the proposed project must occur at that specific site.
(d)
The demolition will result in a new building that will be an
improvement to the character of the Historic District, considering
the architectural design proposed for the new building.
(e)
The building proposed for demolition does not contribute to
the character of the Historic District.
(3)
When the Board deems a proposed demolition undesirable, it may
recommend that the demolition be postponed for a period not to exceed
nine months for the consideration of the application by the Borough
Council. During this period, so as to render demolition unnecessary,
the Board and Borough Planning Department shall make all reasonable
efforts in identifying alternatives to demolition or resolving problems
that resulted in the request for the proposed demolition.
(4)
In the case where the Board recommends and the Borough Council
approves demolition of a building, a good-faith effort shall be made
by the owner/applicant to move the building to a nearby site. If moving
a building slated to be demolished is economically or practically
infeasible, best efforts shall be made to salvage architectural features
of the building for use within the Borough.
C.
Unreasonable Economic Hardship.
(1)
When a claim of unreasonable economic hardship is made pursuant
to this Part, the owner/applicant must present credible evidence that,
if the issuance of a certificate of appropriateness is denied, the
owner/applicant will be unable to obtain a reasonable return from
or a reasonable beneficial use of the property. The owner/applicant
shall submit by affidavit to the Board the relevant information outlined
below, which shall include, but not be limited to, the following:
(a)
The date the property was acquired by its current owner.
(b)
The price paid for the property (if acquired by purchase) and
a description of the relationship, if any, between the buyer and seller
of the property.
(c)
The form of ownership or operation of the property, whether
sole proprietorship, partnership, for-profit or nonprofit corporation,
limited liability company, limited partnership, joint venture or other.
(d)
The mortgage history of the property, including the current
mortgage and the annual debt service, if any, for the previous two
years.
(e)
The current market value of the property.
(f)
The owner's equity in the property.
(g)
An income and expense statement for the current year and for
the past two years.
(h)
The capital expenditures made for the benefit of the property
during its ownership by the current owner.
(i)
Any appraisals of the property obtained within the previous
two years.
(j)
The income and property tax factors affecting the property.
(k)
All studies commissioned by the applicant/owner as to the profitable
renovation, rehabilitation or utilization of any structures or objects
on the property for alternative use, or a statement that none were
obtained.
(l)
Estimate(s) of the cost of the proposed demolition and estimate(s)
of any additional cost(s) that would be incurred in order to comply
with the recommendations of the Board for changes or conditions necessary
for the Board's recommendation to the Borough Council for the
approval of a certificate of appropriateness.
(2)
The Board may require that an applicant/owner furnish additional
information relevant to its determination of unreasonable economic
hardship.
(3)
Should the Board determine that the present economic return
of the applicant/owner is not reasonable, it must consider whether
there are other uses currently allowed that would provide a reasonable
economic return and whether such a return could be obtained through
investment in the property for rehabilitation purposes. The Board
may choose to recommend that special local, state or federal economic
and tax incentives be developed to assist the applicant/owner of the
property in maintaining it and obtaining a suitable economic return
or achieving a reasonable beneficial use.
(4)
The Board may seek the assistance of appropriate local, statewide
or national preservation organizations and/or economic development
agencies for solutions or funding, which may relieve the economic
hardship of the applicant/owner. If the Board chooses to explore such
options, the Board may delay its recommendation for the issuance of
a certificate of appropriateness for demolition based on economic
hardship for a period of up to 90 days in addition to any other applicable
time periods for approval of the project.
(5)
Should the applicant/owner satisfy the Board that an unreasonable
economic hardship will result if a certificate of appropriateness
is not approved for demolition, and should the Board be unable to
develop with the Borough or appropriate local, statewide and national
preservation organization and/or economic development agencies a solution
which can relieve the economic hardship of the applicant/owner, the
Board shall recommend the approval and the issuance of a certificate
of appropriateness for demolition.
D.
Issuance of Certificate of Appropriateness Permit for Demolition.
(1)
Prior to the issuance of any permit for the demolition of a
building or structure in the Historic District, the applicant/owner
shall have obtained all necessary approvals and permits associated
with the project, which shall include, but not be limited to, zoning
approvals or permits; subdivision and land development approval; any
Commonwealth of Pennsylvania approvals, to include, but not limited
to, Department of Transportation and Department of Labor and Industry
approvals; any Gettysburg Municipal Authority approvals and the issuance
of water and sewer connection/disconnection permits; and the issuance
of building permits for the construction of new buildings.
(2)
Prior to the issuance of any permit for the demolition of a
building in an Historic District, the applicant/owner shall provide
financial security in the form of cash, certified funds, or an irrevocable
letter of credit for the cost of constructing the proposed new improvements,
including any buildings. The applicant/owner shall enter into an agreement
with the Borough authorizing said financial security and providing
for completion of the improvements within 12 months from the date
of issuance of the permits.
(4)
Vacant structures in the Historic District shall be properly
and adequately secured against the elements and vandalism to prevent
deterioration, and the exterior of the property shall be maintained
in accordance with all applicable ordinances of the Borough.
(5)
The Borough shall have the authority to issue a permit for the
demolition of a building in the Historic District when, in the opinion
of a registered professional engineer with experience in structural
engineering, such building represents an immediate and present danger
to the life or property of any residents or visitors of the Borough.
(6)
A permit for demolition without compliance with this Part may
be issued if the Borough's Building Inspector certifies in writing
that the building represents an immediate and present danger to public
health, safety and welfare and that no other reasonable alternatives
exist other than demolition.
E.
Demolition by Neglect.
(1)
All buildings within the Historic District shall be maintained
in good repair, structurally sound and reasonably protected against
decay and deterioration, pursuant to the Borough Property Maintenance
Code. Examples of such deterioration include:
(a)
Deterioration of exterior walls and other vertical supports.
(b)
Deterioration of roofs or other horizontal members.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration or crumbling of exterior stucco or mortar.
(e)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(f)
Deterioration of any feature so as to create a hazardous condition
that could lead to the claims that demolition is necessary for the
public safety.
(2)
Any unresolved notices of ordinance violations issued to the
property owner may be considered in a determination of demolition
by neglect.
4.
In cases where applications include substantial excavation under
or adjacent to an existing building or to an area of the lot previously
undisturbed, thus creating the potential to disturb or destroy archaeologically
important cultural resources, the Board shall, where deemed necessary,
recommend to the Borough Council that the proposed excavation be postponed
for at least 30 days from the date of the Borough Council's decision.
During this period, the Board or members of its staff shall consult
with a State Historic Preservation Office qualified archaeologist
to advise and assist the Board on an appropriate course of action
that will mitigate the potential damage to the archaeological resource.
In instances where the archaeological resource appears substantial,
the Board may seek technical and financial assistance from the Pennsylvania
Historical and Museum Commission and/or other preservation organizations
to conduct a Phase I and/or Phase II archaeological investigation
of the site. In this instance, the Board may recommend to the Borough
Council that the application be delayed for a period not to exceed
75 days from the date of the Borough Council's decision. If this
is the case, the Board will make every effort to work closely with
the applicant to minimize the inconvenience and delays this may cause.
[Ord. 1118-91, 8/12/1991, § 111]
1.
Procedures.
A.
No sign or permanent external advertising display of any kind or for any purpose shall be erected or altered in the Historic District until an application for a permit to make such erection or alteration has been reviewed by the Historic Architectural Review Board, a certificate of appropriateness issued and a sign permit granted, except that the Code Enforcement Officer may issue permits for minor sign changes as defined in § 11-104, Subsection 4D, without referral to the full Board. However, he/she shall keep records of any permits issued for minor sign changes and shall report these to the Board at its next meeting for inclusion in the minutes.
B.
No sign or permanent external advertising display of any kind shall
be erected, altered or used in the Historic District except for advertising
informing the public of a service, business, occupation or profession
carried on in or about the property on which such sign or permanent
external advertising display appears.
2.
Standards.
A.
In considering appropriateness of proposed signs, the Board shall
take the following into account: appropriateness to the architectural
style and period of the building at which it will be located, material
composition, shape, colors, overall design, type of lettering, illustrative
material or logo, spacing, lighting, suspension, accuracy of statements
on the sign pertaining to historical or architectural matters, and
compatibility of these factors with other signs in the Historic District.
In addition, the Board may advise on matters of grammar, spelling
and punctuation, but approval may not be denied on these grounds.
B.
No animated, revolving, or moving signs shall be permitted.
C.
Illumination of any sign shall be indirect, fully shielded, or otherwise
arranged so that illumination of the sign, rather than the source
of light, is visible from the public right-of-way. Internally lighted
signs are prohibited.
D.
No freestanding sign shall be more than nine feet high.
E.
Projecting signs extending more than two feet over any public walk
or right-of-way shall be at least eight feet above the walk grade
and at least 14 feet above any vehicular right-of-way.
F.
No sign shall be erected at the intersection of any streets in such
a manner as to obstruct free and clear vision or at any location where,
by reason of its position, shape or color, it may interfere with,
obstruct the view of, or be confused with any authorized traffic sign,
signal or device.
G.
No sign shall be located so as to prevent or hinder free ingress
to or egress from any door, window or fire escape. No sign shall be
attached to a standpipe or fire escape.
H.
No sign shall be attached to, or placed on, any public utility pole
or tree located within any public right-of-way.
I.
Should the Code Enforcement Officer deem the design of a temporary
sign inappropriate for placement in the Historic District, he/she
may refer the matter to the Board for review and recommendation to
the Borough Council. A time limit for a temporary sign may be recommended
by the Board.
J.
All other requirements of any Borough sign ordinance must be adhered
to, except that projecting signs in the Historic District, regardless
of area, may be made of combustible materials so long as they are
not illuminated from the inside.
3.
Historic Markers. Historic markers must be reviewed for approval
by the Board. Such markers shall not be considered as signs, but rather
must conform to uniform requirements established for historic markers
by the Board.
[Ord. 1118-91, 8/12/1991, § 112]
1.
The Board shall render a decision on any application for a building or sign permit under its review no later than one month after the hearing/meeting provided for in § 11-109 of this Part, provided that sufficient information to render an informed decision has been supplied by the applicant or otherwise made available. After a waiting period of five days, the Board shall submit, in writing, to the Borough Council recommendations concerning the issuance of a certificate of appropriateness. In no instance shall the Board take longer than 10 days to notify the Borough Council if its decision.
2.
At least five days before the Borough Council meeting at which the
Board's recommendation concerning an application will be considered,
the applicant must be supplied with written notice of the date, time
and place of the Council meeting.
3.
If the Board decides to advise against the granting of a certificate
of appropriateness for all or part of an application, it shall indicate
to the applicant, in writing, the changes in plans and specifications,
if any, which, in the opinion of the Board, would protect the distinctive
historical character of the district. If the applicant decides to
make the specified changes, he/she shall so notify the Board, in writing,
within five days following the rendering of its decision. The Board,
in turn, shall advise the Borough Council accordingly. If the applicant
is unable to make the decision in the time allowed, he/she may submit
an application with the specified changes for consideration at a subsequent
Board meeting.
[Ord. 1118-91, 8/12/1991, § 113]
The written report to the Borough Council, which may be the
minutes of the Board's meeting, concerning the Board's recommendations
on the issuance of a certificate of appropriateness shall set out
the following matters:
A.
The name of the applicant and the address or location of the area
in which the work is to be done. In the case of signs, the name of
the business shall be stated.
B.
A brief statement of the building's architectural style, outstanding
architectural features, period or date of erection, if known, and
current degree of modification.
C.
A description of the proposed exterior changes or the exterior characteristics
of the structure to be erected. When the Board deems appropriate,
as in the case of new buildings or extensive changes to sensitive
buildings, drawings, photographs or other illustrative material may
be presented.
E.
A summary of the Board's deliberations, including any dissent,
as to the appropriateness of the work proposed as it will preserve
or diminish the historic character of the district.
F.
The specific recommendations of the Board as to the issuance by the
Borough Council or its refusal to issue a certificate of appropriateness.
[Ord. 1118-91, 8/12/1991, § 114]
1.
Upon receipt of the written report from the Board as provided in § 11-113 of this Part, the Borough Council shall consider at the next regularly scheduled or special meeting the question of issuing to the Code Enforcement Officer a certificate of appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the Code Enforcement Officer of the time and place of the meeting at which his/her application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing the said application. In determining whether or not to certify to the appropriateness of the proposal, the Borough Council shall consider the same factors that the Board is authorized to consider, which are set forth in §§ 11-110 and 11-111 of this Part, and shall give weight to the Board's recommendations.
2.
If the Council approves the application, it shall issue its certificate
of appropriateness authorizing the Code Enforcement Officer to issue
a permit for the work covered. Appended to the permit shall be a statement,
including drawings or other appropriate materials, specifying what
is being authorized. The Code Enforcement Officer shall keep a copy
of this statement in his/her files.
3.
If the Borough Council disapproves all or part of any application,
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 historical character of the
district.
4.
The Borough Council must notify the Board of all actions it takes
on the Board's recommendations.
[Ord. 1118-91, 8/12/1991, § 115]
Upon receipt of a written disapproval of the Borough Council,
the Code Enforcement Officer shall disapprove the application for
a sign or building permit and so advise the applicant. The applicant
may appeal from the disapproval as provided by law.
[Ord. 1118-91, 8/12/1991, § 116]
The Code Enforcement Officer shall have the power to institute
any proceedings at law or in equity necessary for the enforcement
of this Part.
[Ord. 1118-91, 8/12/1991, § 117; as amended by
Ord. 1236-99, 12/13/1999, § 2]
For any and every violation of the provisions of this Part,
the owner, general agent, or contractor of a building or structure
where such violation has been committed or shall exist, and the lessee
or tenant of an entire building or entire structure where such violation
has been committed or shall exist, and the owner, general agent, contractor,
lessee, or tenant of any part of a building or structure in which
part such violation has been committed or shall exist, and the general
agent, architect, builder, contractor, or any person who knowingly
commits, takes part, or assists in any such violation, shall be liable,
on conviction thereof, to a fine or penalty not exceeding $600 for
each and every offense. Whenever such person shall have been officially
notified by the Code Enforcement Officer or by service of a summons
in a prosecution, or in any other official manner, that he/she is
committing a violation of this Part, each day's continuance of
such violation after such notification shall constitute a separate
offense punishable by a like fine or penalty. Such fines and penalties
shall be in addition to any other fines, penalties and remedies provided
by law for such cases and shall be collected in the same manner as
is provided in the Borough Code.
[Ord. 1118-91, 8/12/1991, § 118]
Should any provision set forth in this Part be found to conflict
with any law of the United States or of the Commonwealth of Pennsylvania,
such federal and/or state laws shall govern, and this Part shall be
construed accordingly. Such conflict shall not affect the validity
of this Part.
