[HISTORY: Adopted by the City Council of the City of Allentown 9-6-1978 by Ord. No. 12314 (Article 1391 of the 1962 Codified Ordinances). Amendments noted
where applicable.]
This chapter shall be known and may be cited as the "Historic
District Ordinance."
[Amended 8-21-2013 by Ord. No. 15088]
A.
Authorization. This chapter is enacted in accordance with the provisions
of the Historic District Enabling Act of June 13, 1961, P.L. 282,
No. 167, 53 P.S. § 8001 to 8006.
B.
Purpose. Because the heritage of the City of Allentown is among its
most valued and important educational, cultural, and economic assets,
it is the intent of the City to provide for the protection of historically
and/or architecturally significant buildings, structures, and sites
by designating certain sections of the City as historic districts
in order to:
(1)
Protect and improve the quality of its environment through the identification,
recognition, conservation, maintenance, and enhancement of buildings,
sites, structures, fixtures and open spaces which constitute or reflect
distinctive features of the political, economic, social, cultural
or architectural history of the City.
(2)
Foster appropriate use and wider public knowledge and appreciation
of such features, sites, structures and open spaces.
(3)
Encourage public and private efforts in support of such purposes,
and by furthering such purposes, promote the public welfare, to strengthen
the cultural, educational and economic life of the City.
(4)
Encourage new and/or contemporary design which is visually compatible
and sensitive to adjacent sites, structures and the immediate environment.
[Amended 8-21-2013 by Ord. No. 15088]
A.
For the purpose of this chapter, all words used in the present tense
include the future tense. All words in the plural number include the
singular number and all words in the singular number include the plural
number, unless the natural construction of the word clearly indicates
otherwise. The word "shall" is mandatory. The word "used" includes
"designated, intended, built, or arranged to be used."
B.
ALTERATION
BUILDING
BUILDING OR DEMOLITION PERMIT
BUILDING PERMIT APPLICATION
BUREAU OF BUILDING STANDARDS AND SAFETY
CERTIFICATE OF APPROPRIATENESS
DEMOLITION
DEMOLITION BY NEGLECT
ERECTION
HISTORICAL ARCHITECTURAL REVIEW BOARD (HARB) (also referred
to as the "Review Board")
RECONSTRUCTION
ROUTINE MAINTENANCE AND REPAIR
SIGN
STAFF APPROVAL
STRUCTURE
Terms. As used in this chapter, the following terms shall have the
meanings indicated:
A change in design, texture, material, size or shape of an
exterior architectural feature that can be seen from a public right-of-way
(street, alley, sidewalk, etc.).
Any structure in excess of 150 square feet having a roof
and enclosed sides and any unroofed platform, terrace or porch having
a vertical face higher than three feet above the level of the ground
from which the height of the building is measured. All buildings are
structures, but only those structures that meet this definition shall
be considered buildings.
An official document or certificate issued by the City authorizing
the construction, erection, alteration, reconstruction, repair, restoration,
demolition or razing of all or a part of any building located in a
designated historic district.
The request filed by any person with the Building Inspector
or Codes Administrator that seeks authorization to erect, alter, reconstruct,
repair, restore, demolish, or raze all or a part of any building or
structure listed in the municipality's within a historic district
that requires a certificate of appropriateness.
The City Bureau designated by ordinance to administer and
enforce the City's Building, Housing and Property Maintenance Ordinances.
A certificate, approved by Allentown City Council, certifying
the historical appropriateness of a particular request for the erection,
alteration, reconstruction, restoration, demolition, or razing of
all or a part of any building or structure within a historic district
and authorizes the issuance of a building permit (if required) for
said request.
The dismantling or tearing down of all or part of any building
and all operations incidental thereto, including neglecting routine
maintenance and repairs which can lead to deterioration and decay.
The absence of routine maintenance and repair which can lead
to a building's or structure's structural weakness, decay and deterioration
resulting in its demolition.
The result of construction such as a building, structure,
monument, sign, or object on the ground or on a structure or building.
The agency that advises Allentown City Council, the City
of Allentown and applicants on any requests for authorization to erect,
alter, reconstruct, repair, restore, demolish all or part of any building
within a historic district.
The act or process of reproducing by new construction the
exact form and detail of a demolished building, structure, or object,
or a part thereof, as it appeared at a specific period of time but
not necessarily of original material.
For the purpose of this chapter, routine maintenance and
repair shall mean any work done on any building or structure, any
replacement of any part of the building or structure for which there
is no material change or change in the design, texture or arrangement
for which a building permit is not required where the purpose and
effect of such maintenance, repairs or replacement is to correct any
deterioration, decay or damage or any part of said building or structure
and to restore same as nearly as may be possible, to its condition
prior to the occurrence of such deterioration, decay or damage.
Any name, identification, description, display, illustration
or device which is affixed to or represented directly or indirectly
upon a building, structure or land in view of the general public,
and which directs attention to a product, place, activity, person,
institution or business.
A written approval from the HARB Secretary or designee for
alterations listed and described in the "Guidelines for Historic Districts"
adopted by HARB on June 25, 2012, and as amended.
Anything constructed or erected, which requires its permanent
location on or below the ground, or which is permanently attached
to something having permanent location upon the ground, including
among others, buildings, sheds, porches, fences and display signs.
[Amended 9-3-1998 by Ord.
No. 13692; 8-21-2013 by Ord. No. 15088]
A.
Designation of Old Allentown Historic District. The limits of Old
Allentown Historic District, hereby designated an historical district,
are defined as follows:
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Beginning at a point, said point being the intersection of the
center lines of Liberty Street and North Hall Street; thence, in a
southwardly direction along the center line of North Hall Street to
a point, said point being the intersection of the center lines of
North Hall Street and Turner Street; thence, westwardly along the
center lines of Turner Street to a point; said point being the intersection
of the center lines of Turner Street and North Fountain Street; thence,
in a southwardly direction along the center line of North Fountain
Street to a point; said point being the intersection of the center
lines of North Fountain Street and Linden Street; thence, in a westwardly
direction along the center line of Linden Street to a point, said
point being the intersection of the center lines of Linden Street
and North Howard Street; thence, in a southwardly direction along
the center line of North Howard Street to a point, said point being
the intersection of the center lines of North Howard Street and Court
Street; thence, westwardly along the center line of Court Street to
a point; said point being the intersection of the center lines of
Court Street and North Blank Street; thence, in a northwardly direction
along the center line of North Blank Street to a point, said point
being the intersection of the center lines of North Blank Street and
Newton Street, thence in an eastwardly direction along the center
line of Newton Street to a point, said point being the intersection
of the center line of Newton Street and the rear property line of
142 North Twelfth Street; thence, northwardly along the rear property
line 142, 144, 146, 148, 150, 152, 154, 156 and 158 North Twelfth
Street extended to a point, said point being the intersection of the
rear property line of 158 North Twelfth Street extended and the center
line of Turner Street, thence, eastwardly along the center line of
Turner Street to a point, said point being the intersection of the
center lines of Turner Street and North Twelfth Street, thence in
a northwardly direction along the center line of North Twelfth Street
to a point, said point being the intersection of the center lines
of North Twelfth Street and Liberty Street, thence, eastwardly along
the center line of Liberty Street to point of beginning.
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Beginning at a point along the center line of Turner Street;
said point being the intersection of the center line of Turner Street
and the eastern property line of 828 Turner Street; thence, southwardly
to a point; said point being the southeast property corner of 828
Turner Street; thence, westwardly along the rear property lines of
828 Turner Street, 834 Turner Street, and 836 Turner Street to a point;
said point being the southwest property corner of 836 Turner Street;
thence, northwardly along the property line that divides 836 Turner
Street and 145 North Ninth Street to a point; said point being the
intersection with the centerline of Turner Street; as shown on Exhibit
A.
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B.
Adoption of map. Old Allentown Historic District is hereby designated
into zones or districts, as shown on the "Old Allentown Historic District
Map," which together with all explanatory matter thereon, is hereby
adopted by reference and declared to be part of this chapter.
C.
Identification of map. The Old Allentown Historic District Map shall be identified by the signature of the Mayor, properly attested and bearing the Seal of the City under the following words: "This is to certify that this is the Old Allentown Historic District Map referred to in § 328-4 of the Code of the City of Allentown, Pennsylvania," together with the date of the adoption of this chapter.
[Amended 6-17-1981 by Ord. No. 12467; 8-21-2013 by Ord. No. 15088]
A.
Designation of Old Fairgrounds Historic District. The limits of Old
Fairgrounds Historic District, hereby designated an historical district,
are defined as follows:
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Beginning at a point, said point being the intersection of the
center lines of Tilghman Street and North Levan Street; thence, in
a southwardly direction along the center line of North Levan Street
to a point, said point being the intersection of the center lines
of North Levan Street and Pratt Street; thence, in a westwardly direction
along the center line of Pratt Street to a point, said point being
the intersection of the center lines of Pratt Street and North Fifth
Street; thence, in a southwardly direction along the center line of
North Fifth Street to a point, said point being the intersection of
the center lines of North Fifth Street and Liberty Street; thence,
in an eastwardly direction along the center line of Liberty Street
to a point, said point being the intersection of the center lines
of Liberty Street and North Levan Street; thence, in a southwardly
direction along the center line of North Levan Street to a point,
said point being the intersection of the center lines of North Levan
Street extended and the southern property line of 407 North Fifth
Street; thence, in a westwardly direction along the southern property
line of 407 North Fifth Street to a point, said point being the intersection
of the southern property line of 407 North Fifth Street extended and
the center line of North Fifth Street; thence, in a southwardly direction
along the center line of North Fifth Street to a point, said point
being the intersection of the center lines of North Fifth Street and
Gordon Street; thence, westwardly along the center line of Gordon
Street to a point, said point being the intersection of the center
lines of Gordon Street and North Morris Street; thence, in a northwardly
direction along the center line of North Morris Street; thence, in
a northwardly direction along the center line of North Morris Street
extended and traversing in a straight line through the properties
of 429, 431, and 433 North Seventh Street to the rear common property
lines of 435 and 437 North Seventh Street, and 436, 436-1/2 and 438
North Church Street; thence, continuing in a northwardly direction
along said rear common property lines extended and traversing in a
straight line through the property of 439 North Seventh Street to
the rear common property line of 441 North Seventh Street and 442
North Church Street; thence, continuing in a northwardly direction
along said rear common property line to a point, said point being
the intersection of the rear common property line to a point, said
point being the intersection of the rear common property line of 441
North Seventh Street and 442 North Church Street and the southern
property line of 443 North Seventh Street; thence, continuing in an
eastwardly direction along the southern property line of 443 North
Seventh Street to a point, said point being the intersection of the
southern property line of 443 North Seventh Street and the rear common
property line of 443 North Seventh Street and 442-1/2 and 444 North
Church Street; thence, continuing in a northwardly direction along
said rear common property line to a point, 119.5 feet from the intersection
of the western property line of 445-447 North Seventh Street and the
southern property line of 445-447 North Seventh Street; thence, continuing
in a northwardly direction to the intersection of the northern property
line of said property and 119.5 feet from the intersection of the
western property line of 445-447 North Seventh Street and northern
property line of 445-447 North Seventh Street; thence, continuing
in a northwardly direction from said point to the center line of Liberty
Street; thence, continuing in a westwardly direction to a point, said
point being the intersection of the center lines of Liberty Street
and North Morris Street; thence, continuing in a northwardly direction
along the center line of Morris Street to a point, said point being
the intersection of the center lines of North Morris Street and Tilghman
Streets; thence, continuing in an eastwardly direction along the center
line of Tilghman Street to the point of beginning.
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B.
Adoption of map. Old Fairgrounds Historic District is hereby designated
into zones or districts, as shown on the "Old Fairgrounds Historic
District Map," which together with all explanatory matter thereon,
is hereby adopted by reference and declared to be part of this chapter.
C.
Identification of map. The Old Fairgrounds Historic District map shall be identified by the signature of the Mayor, properly attested and bearing the Seal of the City under the following words: "This is to certify that this is the Old Fairgrounds Historic District Map referred to in § 328-5 of the Code of the City of Allentown, Pennsylvania," together with the date of the adoption of this chapter.
[Amended 12-21-2000 by Ord. No. 13881; 11-6-2003 by Ord. No. 14123; 8-21-2013 by Ord. No. 15088]
A.
Designation of West Park Historic District. The limits of the West
Park Historic District, hereby designated an historical district,
are defined as follows:
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Beginning at the intersection of the centerline of North West
Street with the centerline of Chew Street; thence, northwardly, along
the centerline of North West Street to its intersection with the centerline
of Monroe Street; thence, eastwardly, along the centerline of Monroe
Street to its intersection with the centerline of North 15th Street;
thence, southwardly along the centerline of North 15th Street to its
intersection with the centerline of Emmett Street; thence, westwardly,
along the centerline of Emmett Street to its intersection with the
centerline of North Rush Street; thence, southwardly, along the centerline
of North Rush Street to its intersection with the centerline of Russell
Street; thence, eastwardly, along the centerline of Russell Street
to its intersection with the centerline of North 15th Street; thence,
southwardly, along the centerline of North 15th Street to its intersection
with the centerline of Court Street; thence, westwardly, along the
centerline of Court Street to its intersection with the centerline
of North Fulton Street; thence, northwardly, along the centerline
of North Fulton Street to its intersection with a line located 190
feet, plus or minus, south and parallel to the southern property line
of Linden Street, this line bisecting the properties of the Masonic
Temple and intended to mark the partition between the original Masonic
Temple and its addition; thence, westwardly, along said line to its
intersection with the centerline of North 16th Street; thence, southwardly,
along the centerline of North 16th Street to its intersection with
the centerline of Court Street; thence, westwardly, along the centerline
of Court Street to its intersection with the centerline of North 17th
Street; thence, northwardly, along the centerline of North 17th Street
to its intersection with the centerline of Linden Street; thence,
westwardly, along the centerline of Linden Street to its intersection
with the centerline of North St. Cloud Street; thence, northwardly,
along a line located 280 feet west and parallel to the western property
line of North 17th Street, this line bisecting the William Allen High
School property and intended to mark the centerline of North St. Cloud
Street if extended north to its intersection with the centerline of
Turner Street; thence, eastwardly, along the centerline of Turner
Street to its intersection with the centerline of North 17th Street;
thence, northwardly, along the centerline of North 17th Street to
its intersection with Chew Street; thence, eastwardly, along the centerline
of Chew Street to its intersection with the centerline of North West
Street, the point or place of beginning.
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Beginning at a point along the centerline of North 15th Street,
said point being the intersection of the centerline of North 15th
Street with the centerline of Webster Street; thence, eastwardly along
the centerline of Webster Street to its intersection with the centerline
of North 14th Street; thence, southwardly along the centerline of
North 14th Street to its intersection with the centerline of Edison
Street; thence, westwardly along the centerline of Edison Street to
a point, said point being the eastern property line of 33 North 15th
Street; thence, southwardly along the eastern property lines of 33
North 15th Street, 31 North 15th Street, 27 North 15th Street and
25 North 15th Street to a point, that point being the centerline of
Court Street; thence, westwardly along the centerline of Court Street
to its intersection with the centerline of North 15th Street; thence
northwardly along the centerline of North 15th Street to its intersection
with the centerline of Webster Street, the point or place of beginning;
as shown on Exhibit B.
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B.
Adoption of map. West Park Historic District is attached hereto as
Exhibit 1, titled "West Park Historic District Map," which together
with all explanatory matter thereon, is hereby adopted by reference
and declared to be part of this chapter.
C.
Identification of map. The West Park Historic District Map shall be identified by the signature of the Mayor, properly attested and bearing the Seal of the City under the following words: "This is to certify that this is the West Park Historic District Map referred to in § 328-6 of the Code of the City of Allentown, Pennsylvania," together with the date of the adoption of this chapter.
[Amended 8-21-2013 by Ord. No. 15088]
Immediately upon the adoption of this chapter, the Mayor shall
forward a copy thereof to the Pennsylvania Historical Museum Commission.
This chapter shall not take effect until the said Commission has certified
by resolution to the historical and/or architectural significance
of the district. The Mayor and the City Clerk are further directed
to place such certification among the municipal records of the City.
[Amended 8-1-1984 by Ord.
No. 12614; 9-22-2005 by Ord. No. 14321; 12-26-2011 by Ord. No. 14952; 8-21-2013 by Ord. No. 15088]
A.
Creation and composition. A Board of Historical Architectural Review,
hereinafter "HARB," is hereby established and shall be composed of
seven members and four alternate members appointed by City Council.
The members of the HARB shall be as follows: One member and one alternate
member shall be a registered architect; one member and one alternate
member shall be a licensed real estate broker; one member and one
alternate member shall be a building inspector; four members and one
alternate shall be persons with knowledge of and interest in the preservation
of the historic district(s) and at least three members of the HARB
shall be residents or property owners of the historic district(s).
All members and alternate members shall be City residents or, at the
discretion of Council, persons not residents of the City but who have
a significant property or business interest in the City may be selected
to serve.
B.
Terms. The initial terms of the first seven members shall be as follows:
Three shall serve until the first Monday of January 1980, two shall
serve until the first Monday of January 1981, and two shall serve
until the first Monday of January 1982. Alternate members' terms shall
run concurrently with those of the respective HARB members. Their
successors shall be appointed on the expiration of their respective
terms to serve three years.
C.
Vacancies. The position of any member of the HARB appointed in his
capacity as a registered architect, a licensed real estate broker,
City building inspector, a contractor, or resident of the historic
district who ceases to be so engaged shall be automatically considered
vacant. An appointment to fill a vacancy shall be only for the unexpired
portion of the term.
D.
Removal. Council may remove any member for cause after a public hearing.
E.
Quorum and voting. A majority of the HARB shall constitute a quorum
and action taken at any meeting shall require the affirmative vote
of a majority of the HARB.
F.
Duties and powers. The HARB shall have the following duties and powers:
(1)
Give counsel to the City Council regarding the advisability of issuing
any certificates of appropriateness required to be issued pursuant
to said Act of June 1961, P.L. 282, No. 167, and this chapter. For
this purpose, the HARB may adopt and alter rules and regulations for
their own organization and procedure, consistent with the ordinances
of the municipality and the laws of the commonwealth.
(2)
Develop and continue an effective program of historic preservation
with the Bureau of Planning, and act in collaboration with other appropriate
agencies that may be able to provide assistance.
(3)
To propose from time to time as deemed appropriate the establishment
of additional historic districts and revisions to existing historic
districts. Any proposed new or expansion of existing districts must
be considered historically significant by the Pennsylvania Historical
and Museum Commission's Bureau for Historic Preservation and will
follow the designation process outlined in the Historic District Enabling
Act of June 13, 1961, P.L. 282, No. 167, 53 P.S. § 8001
to 8006.
(4)
To cooperate with and advise the City Council and other municipal
agencies, boards and commissions in matters involving the historic
significance or historic preservation of districts, sites, structures
and buildings.
(5)
To advise owners of buildings on the benefits of historic preservation.
(6)
To promote public interest in the purpose of this chapter.
(7)
To encourage those owning buildings in an historic district to consult
with the HARB concerning such physical aspects promoting maintenance
that is in keeping with the general historic and architectural character
of the district.
G.
Meetings. Meetings shall be held at least once a month and at the
call of the Chairman or at such other times as the Board may determine.
The Board shall fix a reasonable time for their meetings so that City
Council can consider the issuance of the certificate of appropriateness
and Council's action shall not exceed 75 days from the date of the
application for the certificate of appropriateness.
[Amended 8-21-2013 by Ord. No. 15088]
A.
Permit issuance. A building permit shall be required from the Bureau
of Building Standards and Safety for any erection, reconstruction,
alteration, restoration, demolition, or razing of any building or
structure in an historic district which will affect the exterior historic
or architectural features that are visible from a public right-of-way.
The building permit shall not be issued until:
(1)
The City Council has reviewed the recommendations of the HARB and
has issued a certificate of appropriateness; or
(2)
The HARB Secretary has reviewed the application and determined the
permit request meets the criteria for a staff approval described in
the publication Guidelines for Historic Districts, adopted June 25,
2012, and as updated by the HARB and approved by resolution of City
Council.
B.
Upon receipt of an application for a building permit for work to
be done within the limits of the historic district that is visible
from a public right-of-way, the Bureau of Building Standards and Safety
shall act in accordance with the ordinances, regulations and practices
then in effect with regard to the issuance of such permits and in
addition:
(1)
Shall immediately forward to the HARB Secretary a copy of the application
for a building permit, together with a copy of the plot plan, building
plan and specifications filed by the applicant.
(2)
Shall maintain a record of all such applications and the final disposition
of the same, which shall be in addition to and appropriately cross-referenced
to the Bureau's other records.
(3)
Shall require applicants to post said property by displaying conspicuously
a sign (at least six inches by 12 inches) indicating that an application
for a building permit has been filed and submit a sufficient number
of additional copies of materials to be attached to an application
for a building permit, together with such additional information and
materials as may be reasonably required by the regulations of the
HARB in order to permit compliance with the foregoing requirements.
C.
The HARB Secretary shall have the authority to provide staff approvals
for permit requests that meet the criteria described in the publication
Guidelines for Historic Districts, adopted June 25, 2012, and as updated
by the HARB and approved by resolution of City Council.
D.
Upon receipt of the written staff approval from the HARB Secretary
or written approval of an application for a certificate of appropriateness
from City Council, the Bureau of Building Standards and Safety shall
issue a building permit for the work covered.
E.
Upon receipt from City Council of the written disapproval of an application
for a certificate of appropriateness, the Bureau of Building Safety
and Standards shall disapprove the application for a building permit
and so advise the applicant.
[Amended 8-21-2013 by Ord. No. 15088]
Upon receipt by the HARB Secretary of a notice that an application
for a building permit has been filed, the HARB Secretary shall determine
whether this chapter applies and notify the Bureau of Building Standards
and Safety. If this chapter applies, the HARB shall consider the application
at a public meeting. The person(s) applying for the permit shall be
advised of the time and place of the meeting at least six days prior
to said meeting and shall be invited to submit testimony. The HARB
shall submit its recommendations, in writing, to the City Council
within 10 days following the meeting at which an application is considered.
[Amended 7-18-2012 by Ord. No. 15006; 8-21-2013 by Ord. No. 15088]
In determining the recommendations to be presented to the Council
concerning the issuing of a certificate of appropriateness authorizing
a permit for the erection, reconstruction, alteration, restoration,
demolition, or razing of all or part of any building or structure
within the limits of the historic districts, the HARB shall consider
the criteria below and the Guidelines for Historic Districts: Restoring,
Maintaining and Preserving the Old Allentown, Old Fairgrounds, and
West Park Historic Districts, dated June 25, 2012. These guidelines
may be periodically updated by the HARB and approved by resolution
of City Council.
A.
Review criteria.
(1)
The effect of the proposed changes upon the general historic and
architectural nature of the district.
(2)
The appropriateness of exterior architectural features which can
be seen from a public street or way only.
(3)
The general design, arrangement, texture, material, and color (only
when integral to a product such as shingles or siding, but not including
paint color) of the building or structure and the relation of such
factors to similar features of buildings, structures, or sites in
the district.
(4)
Any matter pertinent to the preservation of the historic aspect and
nature of the district.
[Amended 8-21-2013 by Ord. No. 15088]
If the HARB, on the basis of the information received at the
meeting and from its general background and knowledge, decides to
disapprove the granting of a certificate of appropriateness, it shall
indicate to the applicant for a building permit the changes in plans
and specifications, if any, which in the opinion of the HARB would
protect the distinctive historical/architectural character of the
district and thereby enable the certificate of appropriateness to
be issued. The HARB shall withhold its report to City Council for
a period of five days following its decision to allow the applicant
to decide whether or not to make the suggested changes in his plans
and specifications. If the applicant determines that the suggested
changes will be made, the applicant shall so advise the HARB which
shall advise the City Council accordingly.
[Amended 8-21-2013 by Ord. No. 15088]
The HARB, after compliance with §§ 328-10 and 328-11 of this chapter, shall submit to City Council, in writing, recommendations concerning the issuance of a certificate of appropriateness authorizing a permit for the erection, reconstruction, alteration, restoration, demolition, or razing of all or part of any building or structure within the limits of the historic district. The written report shall set out the following matters:
A.
The exact location of the area in which the work is to be done.
B.
The proposed exterior changes to be made or the proposed exterior
character of the structure to be erected.
C.
The general design, arrangement, texture, material, and exterior
architectural features of the building or structure and the relation
of such factors to be similar features of buildings, structures and
sites within reasonable proximity to said structure.
D.
The opinion of the HARB, including any dissent, as to the appropriateness
of the work proposed as it will preserve or destroy the historic architectural
aspect and nature of the district.
E.
The specific recommendations of the HARB as to be issuance by the
City Council or its refusal to issue a certificate of appropriateness.
[Amended 8-21-2013 by Ord. No. 15088]
Upon receipt of the written recommendations of the HARB as provided in § 328-13 of this chapter, the City Council shall consider at the next regular meeting or a special meeting the question of issuing to the Bureau of Building Standards and Safety a certificate of appropriateness authorizing a permit for the work to be covered by the application. The applicant shall be advised by the City Clerk of the time and place of the meeting at which time his application will be considered and the applicant shall have the right to attend and be heard in support of the application. In determining whether or not to certify to the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition, or razing of all or part of any building or structure within the limits of the historic district, the City Council shall consider the same factors as the HARB as set forth in § 328-11 of this chapter, and the report of the HARB. If the City Council approves the application, it shall issue a certificate of appropriateness authorizing the Bureau of Building Standards and Safety to issue a permit for the work covered. If the City Council disapproves, 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 distinctive historic or architectural character of the district. Council shall not consider any matters not pertinent to the historical/architectural aspect and nature of the district.
[Amended 8-21-2013 by Ord. No. 15088]
Any person desiring to appeal City Council's disapproval of
a certificate of appropriateness may file an appeal to the Lehigh
County Court of Common Pleas as provided for by laws of the commonwealth.
The provisions of this chapter shall not be construed to:
A.
Require the issuance of a certificate of appropriateness prior to
undertaking any routine maintenance or repair of any exterior architectural
feature of any building or structure which does not involve a change
in design, arrangement, texture or material. For the purpose of this
chapter, "routine maintenance and repair" shall mean any work done
on any building or structure, any replacement of any part of the building
or structure (for which there is no material change or change in the
design, texture or arrangement) for which a building permit is not
required where the purpose and effect of such maintenance, repairs
or replacement is to correct any deterioration, decay or damage or
any part of said building or structure and to restore same as nearly
as may be possible, to its condition prior to the occurrence of such
deterioration, decay or damage.
B.
Require any action by the owner (other than preservation against
decay, deterioration, repair and routine maintenance as stipulated
in this section) to comply with the intent of this chapter before
the said owner voluntarily chooses to erect, reconstruct, alter, restore,
demolish, or raze all or part of the exterior of a building or structure.
Routine maintenance is encouraged to maintain the City's architectural
heritage, property values and avoidance of demolition by neglect.
[Amended 8-21-2013 by Ord. No. 15088]
C.
Require a level of maintenance greater than that required under provisions
of other pertinent municipal regulations.
[Amended 8-21-2013 by Ord. No. 15088]
A.
When a claim of unreasonable economic hardship is made due to the
effect of this chapter, the owner of record must present evidence
sufficient to prove that, as a result of Council's action, the applicant
is unable to obtain a reasonable return or a reasonable beneficial
use from a resource. The owner of record shall submit by affidavit
to the Review Board some or all of the information below at the discretion
of the HARB, which shall include but not be limited to the following:
(1)
Date the property was acquired by its current owner.
(2)
Price paid for the property (if acquired by purchase) and a description
of the relationship, if any, between the buyer and the seller of the
property.
(3)
Mortgage history of the property, including current mortgage and
the annual debt service, if any, for the previous two years.
(4)
Current market value of the property.
(5)
Equity in the property.
(6)
Past and current income and expense statements for the past two years.
(7)
Past capital expenditures during ownership of current owner.
(8)
Appraisals of the property obtained within the previous two years.
(9)
Income and property tax factors affecting the property.
(10)
All appraisals obtained within the previous two years by the
owner or applicant in connection with purchase, offerings for sale,
financing or ownership of the property, or state that none was obtained.
(11)
All studies commissioned by the owner as to profitable renovation,
rehabilitation or utilization of any structures or objects on the
property for alternative use, or a statement that none were obtained.
(12)
Estimate(s) of the cost of the proposed erection, reconstruction,
alteration, restoration, demolition or razing and an estimate(s) of
any additional cost(s) that would be incurred to comply with the recommendations
of the review board for changes necessary for it to approve a certificate
of appropriateness.
(13)
Form of ownership or operation of the property, whether sole
proprietorship, for-profit or nonprofit corporation, limited partnership,
joint venture or other.
(14)
The Review Board may require that an applicant furnish additional
information relevant to its determination of unreasonable economic
hardship.
B.
Should the Review Board determine that the owner's present return
is not reasonable, it must consider whether there are other uses currently
allowed that would provide a reasonable return and whether such a
return could be obtained through investment in the property for rehabilitation
purposes. The Review Board may choose to recommend to the City that
special economic incentives be developed to assist the owner of the
resource in maintaining it and obtaining a suitable economic return
or achieving a reasonable beneficial use.
C.
The Review Board may seek the assistance of appropriate local, statewide
or national preservation organizations in developing solutions which
would relieve the owner's economic hardship. If the Review Board chooses
to explore such options, the Review Board may delay issuing a certificate
of appropriateness for demolition on the basis of economic hardship
for a period of 90 days in addition to time periods otherwise applicable.
D.
Should the applicant satisfy the Review Board that he will suffer
an unreasonable economic hardship if a certificate of appropriateness
is not approved, and should the Review Board and property owner be
unable to develop a solution which can relieve the owner's economic
hardship, the Review Board must recommend a certificate of appropriateness
for the proposed demolition or alteration, or new construction.
If any section, paragraph, subsection, clause or provisions
of this chapter shall be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of this
chapter as a whole, or any part thereof.
[Amended 12-16-1981 by Ord. No. 12492; 12-21-2000 by Ord. No. 13881; 8-21-2013 by Ord. No. 15088]
A.
Penalty. Any person, property owner, occupant, firm or contractor
failing to obtain a building permit or certificate of appropriateness
pursuant to this chapter shall be fined the sum of $300 for each day
the violation is unabated.
[Amended 4-3-2024 by Ord. No. 16002]
B.
Enforcement. The City shall have the power to institute any proceedings
at law or in equity necessary for the enforcement of this chapter
the same as in its enforcement of the Building Code of the City of
Allentown, as amended.
