[HISTORY: Adopted by the Borough Council
of the Borough of Homestead 4-12-2001 by Ord. No. 1124 (Ch. 153 of the 1999
Code). Amendments noted where applicable.]
1.
Purpose. Structures
or districts with special historic, cultural, architectural or educational
significance enhance the quality of life for all residents of the
Borough of Homestead, Allegheny County, and the Commonwealth of Pennsylvania.
Accordingly, the purposes of the Local Historic District(s) are:
A.
To protect
those portions of the Borough reflecting the cultural, economic, social,
political, and architectural history of the Borough of Homestead,
Allegheny County, the Commonwealth of Pennsylvania, and the nation.
B.
To preserve
property values, attract future residents, and strengthen the local
economy.
C.
To foster public
education, awareness of local history, and civic pride in the beauty
and accomplishments of the past.
D.
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).
2.
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:
Beginning at the point of intersection of the northerly right-of-way
line of Eighth Avenue and the easterly right-of-way line of Hays Street;
thence northeastwardly along the said northerly right-of-way line
of Eighth Avenue to its point of intersection with the property line
separating Allegheny County Block and Lot System Parcels 130-N-319
and 130-N-324; thence northwestwardly along the said property line
extended to its point of intersection with the northerly right-of-way
line of Seventh Avenue; thence eastwardly along said northerly right-of-way
line of Seventh Avenue to its point of intersection with the property
line separating Allegheny County Block and Lot System Parcels 130-J-39
and 130-K-87; thence northwestwardly along the said property line
to its point of intersection with the property line separating Allegheny
County Block and Lot System Parcels 130-J-39 and 130-K-99; thence
first southeastwardly then northwestwardly along the said property
line extended to its point of intersection with the westerly property
line separating Allegheny County Block and Lot System Parcels 130-J-40
and 130-J-125; thence first northwestwardly then northeastwardly along
the said property line extended to its point of intersection with
the easterly right-of-way line of Amity Street; thence southeastwardly
along the easterly right-of-way line of Amity Street to its point
of intersection with the southerly right-of-way line of Sixth Avenue;
thence northeastwardly along the southerly right-of-way line of Sixth
Avenue to its point of intersection with the property line separating
Allegheny County Block and Lot System Parcels 130-F-19 and 130-F-23;
thence southeastwardly along the said property line extended to its
point of intersection with the southerly right-of-way tine of Seventh
Avenue; thence north eastwardly along the southerly right-of-way line
of Seventh Avenue to its point of intersection with the property line
separating Allegheny County Block and Lot System Parcels 130-K-245
and 130-K-248; thence southeastwardly along the said property line
to its point of intersection with the northerly right-of-way line
of Eighth Avenue; thence northeastwardly along the northerly right-of-way
line of Eighth Avenue to its point of intersection with the easterly
right-of-way line of McClure Street; thence northwestwardly along
the easterly right-of-way line of McClure Street to its point of intersection
with the property line separating Allegheny County Block and Lot System
Parcels 130-G-278 and 130-G-282; thence eastwardly along the said
property line extended to the point of intersection with the easterly
right-of-way line of Stone Way; thence southeastwardly along the easterly
right-of-way line of Stone Way to its point of intersection with the
northerly right-of-way line of Eighth Avenue; thence eastwardly along
the northerly right-of-way line of Eighth Avenue to its point of intersection
with the easterly right-of-way line of Tammany Way; thence northwestwardly
along the easterly right-of-way line of Tammany Way to its point of
intersection with the property line separating Allegheny County Block
and Lot System Parcels 130-G-222 and 130-G-224; thence eastwardly
along the said property line to its point of intersection with the
westerly right-of-way line of Dickson Street; thence southeastwardly
along the westerly right-of-way line of Dickson Street to its point
of intersection with the northerly right-of-way line of Eighth Avenue;
thence eastwardly along the northerly right-of-way line of Eighth
Avenue to its point of intersection with the property line separating
Allegheny County Block and Lot System Parcels 130-G-165 and 130-G-167;
thence northwestwardly along the said property line a distance of
85.65 feet to its point of intersection with the northerly property
line of Allegheny County Block and Lot System Parcel 130-G-165; thence
northeastwardly along the said northerly property line extended to
its point of intersection with the easterly right-of-way line of Heisel
Street; thence southeastwardly along the easterly right-of-way line
of Heisel Street to its point of intersection with the northerly right-of-way
line of Eighth Avenue; thence eastwardly along the northerly right-of-way
line of Eighth Avenue to its point of intersection with the westerly
right-of-way line of City Farm Lane; thence northwestwardly along
the westerly right-of-way line of City Farm Lane to its terminus;
thence eastwardly along said terminus to its point of intersection
with the easterly right-of-way line of City Farm Lane, which is also
the municipal boundary line separating the Borough of Homestead and
the Borough of Munhall; thence southeastwardly along the easterly
right-of-way line of City Farm Lane extended to its point of intersection
with the center line of Eighth Avenue; which is also the municipal
boundary line separating the Borough of Homestead and the Borough
of Munhall; thence westwardly along the center line of Eighth Avenue
to its point of intersection with the center line of McClure Street,
which is also the municipal boundary line separating the Borough of
Homestead and the Borough of Munhall; thence southeastwardly along
the center line of McClure Street to its point of intersection with
the extended northerly right-of-way line of Twelfth Avenue; thence
southwestwardly along the northerly right-of-way line of Twelfth Avenue
to its point of intersection with the property line separating Allegheny
County Block and Lot System Parcels 130-R-1986 and 130-R-1988; thence
northwestwardly along the said property line and continuing along
the easterly property line of Allegheny County Block and Lot System
Parcel 130R-88 extended to its point of intersection with the southerly
right-of-way line of Laurel Way; thence northeastwardly along the
southerly right-of-way line of Laurel Way to its point of intersection
with the westerly right-of-line of McClure Street; thence northwestwardly
along the westerly right-of-way line of McClure Street to its point
of intersection with the northerly right-of-way line of Park Way;
thence southwestwardly along the northerly right-of-way line of Park
Way to its point of intersection with the westerly right-of-way line
of Ann Street; thence southeastwardly along the westerly right-of-way
line of Ann Street to its point of intersection with the northerly
right-of-way line of Eleventh Avenue; thence southwestwardly along
the northerly right-of-way line of Eleventh Avenue to its point of
intersection with the westerly right-of-way line of Amity Street;
thence northwestwardly along the westerly right-of-way line of. Amity
Street to its point of intersection with the northerly right-of-way
line of Park Way; thence southwestwardly along the northerly right-of-way
line of Park Way to its point of intersection with the property line
separating Allegheny County Block and Lot System Parcels 130-P-239
and 130-P-241; thence northwestwardly along the said property line
extended to its point of intersection with the northerly right-of-way
line of Tenth Avenue; thence northeastwardly along the northerly right-of-way
line of Tenth Avenue to its point of intersection with the westerly
right-of-way line of Amity Street; thence northwestwardly along the
westerly right-of-way line of Amity Street to its point of intersection
with the northerly right-of-way line of Locust Way; thence southwestwardly
along the northerly right-of-way line of Locust Way to its point of
intersection with the westerly right-of-way line of West Street; thence
northwestwardly along the westerly right-of-way line of West Street
to its point of intersection with the property line separating Allegheny
County Block and Lot System Parcels 130-P-77 and 130-P-183; thence
southwestwardly along the said property line to its point of intersection
with the easterly property line of Allegheny County Block and Lot
System Parcel 130-P-75; thence northwestwardly along the said property
line extended to its point of intersection with the property line
separating Allegheny County Block and Lot System Parcels 130-P-58
and 130-P-60; thence northwestwardly along the said property line
extended to its point of intersection with the northerly right-of-way
line of Hazel Way; thence southwestwardly along the northerly right-of-way
line of Hazel Way to its terminus and continuing along the southerly
property line of Allegheny County Block and Lot System Parcel 130-N-358
to its point of intersection with the easterly right-of-way line of
Hays Street; thence northwestwardly along the easterly right-of-way
line of Hays Street to its point of intersection with the northerly
right-of-way line of Eighth Avenue, the point of beginning.
An Historical Architectural Review Board (HARB)
is hereby created subject to the following requirements:
1.
Membership.
A.
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 that borough
and who have knowledge of and interest in the preservation of historic
districts.
B.
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.
C.
Board members
are required to disqualify themselves from voting on any project in
which their own financial interests are directly or indirectly involved.
2.
Meetings.
A.
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.
B.
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, all of which shall be immediately
filed with the Borough Secretary and shall be a public record.
C.
The HARB shall
prepare an annual report of its activities and present it to the Borough
Council(s) by February 1 of each year.
3.
Powers and duties.
The HARB shall have the power and duty to:
A.
Coordinate
local historic preservation efforts with those of the Pennsylvania
History and Museum Commission and the National Trust for Historic
Preservation.
B.
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.
C.
Conduct an
inventory and classify historic resources according to the criteria
in this chapter.
D.
Recommend areas
and buildings to the Borough Council(s) for designation as Local Historic
Districts.
E.
Review and
make recommendations to the Borough Council(s) on applications for
certificates of appropriateness pursuant to the requirements of this
chapter.
F.
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 chapter.
G.
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.
H.
To advise owners
of historic buildings on problems and issues of preservation, renovation,
restoration, and maintenance.
Historic resources included in an 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.
1.
Classification
of historic districts. The following kinds of districts may be included
as historic districts established by the Borough Council:
A.
National Register
Historic District: an area listed as an historic district on the National
Register of Historic Places.
B.
Local Historic
District: an area designated as an 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.
2.
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:
A.
Significant:
structures that are outstanding examples of the architecture of the
district or of major importance in the history of the district.
B.
Contributing:
structures that may lack individual significance but which contribute
to the overall historic or architectural character of the district.
C.
Noncontributing
or intrusion: structures that do not contribute to the overall historic
or architectural character of the district.
3.
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 chapter. In designating properties not listed in historic
districts for inclusion in a Local Historic District, the following
kinds of properties shall be eligible:
A.
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.
B.
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.
4.
Procedure for
designation.
A.
The Historical
Architectural Review Board shall have the responsibility of recommending
to the Borough Council the adoption of ordinances designating sites
or areas as Local Historic Districts.
B.
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.
C.
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.
1.
Activities requiring
a certificate. With the exception of the uses and activities described
in § 14-1405.2, Exempt activities, a certificate of appropriateness
will be required for the following:
A.
The erection
of any building or structure, including signs, within the Local Historic
District;
B.
The reconstruction,
alteration or restoration of the exterior of any building or structure
within the Local Historic District; or
C.
The razing,
demolition or movement of any building or structure within the Local
Historic District.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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:
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:
1.
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 relationships 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:
A.
Building height.
New buildings should be constructed to a maximum height that is within
10% of the average height of neighboring buildings.
B.
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.
C.
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.
D.
Spacing of
windows and doors. The spacing of windows and doors in the front facade
of a building should be similar to adjacent buildings.
E.
Horizontal
lines. Header and sill lines of a building should be located at similar
heights or elevation as the horizontal lines of adjacent buildings.
F.
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.
G.
Roofs. The
shape, style and material of the roof of a new building should be
similar to the roofs of adjacent and surrounding buildings.
H.
Building materials.
Building materials should be compatible with materials commonly used
within the historic district.
I.
Color. The
predominant color of a building and the color of its trim should be
compatible with the colors of surrounding buildings.
J.
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.
K.
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.
2.
Standards for rehabilitation. Except as provided in Subsection 3 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).
A.
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.
B.
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.
C.
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.
D.
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.
E.
Distinctive
stylistic features or examples of skilled craftsmanship which characterize
a building, structure or site shall be treated with sensitivity.
F.
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 or structures.
G.
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.
H.
Every reasonable
effort shall be made to protect and preserve archaeological resources
affected by, or adjacent to, any project.
I.
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.
J.
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.
3.
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.
4.
Standards for signs. All signs within the Local Historic District shall comply with the sign regulations which are applicable in the underlying zoning district, unless excepted under the provisions of the subsections hereunder, and with the additional special standards for signs contained elsewhere in Chapter 27, Zoning.
A.
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 a certificate of appropriateness.
B.
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.
5.
Standards for
demolition or relocation of structures.
A.
In the case
of a building to be razed, demolished, or moved, the Historical Architectural
Review Board and the Borough Council shall consider:
B.
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 the 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.
1.
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.
2.
Definition.
"Demolition by neglect" exists where there is:
A.
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;
B.
Ineffective waterproofing of exterior walls, roofs and foundations causing or contributing to the deterioration specified in Subsection 2A above;
C.
Significant
rotting and other forms of decay; or
D.
Creation of
any hazardous or unsafe condition or conditions.
1.
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
chapter as is provided elsewhere in the Code of the Borough.
2.
Fines. The Borough
Council shall establish and update by resolution a schedule of fees
and a collection procedure relating to this chapter.[1]
A.
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 chapter shall be fined.
B.
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.
[1]
Editor's Note: Said fee schedule and collection
procedures are on file in the Borough offices.
