[HISTORY: Adopted by the City Council of
the City of Bradford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-11-1971 by Ord. No. 2866; amended in its entirety 4-27-2021 by Ord. No. 2866.8]
In accordance with the provisions of an act 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 district," adopted by the
Governor of the Commonwealth of Pennsylvania on the 13th day of June
1961, and to protect the portions of the City of Bradford which recall
the rich architectural and cultural heritage of our City and state,
to awaken in our people an interest in our historic past and to promote
the general welfare, education and culture of our City, there is hereby
created in the City of Bradford an historic district to be known as
"Historic Bradford."
The limits of the Historical District of Bradford are defined
as follows: located in the City of Bradford, McKean County, Pennsylvania,
beginning at the southeast corner of Mechanic Street and Central Alley,
then eastward along the south curbline of Central Alley c. 150 feet
to the northeast corner of the property line of 23 East Washington
Street; then south along the east property line of 23 East Washington
Street c. 120 feet to the south curbline of East Washington Street;
then eastward along the south curbline of East Washington Street across
the Tuna Creek Bridge c. 130 feet to the northwest corner of the property
at 40 Boylston Street; then south along the west property line of
the property at 40 Boylston Street c. 80 feet to its southwest corner;
then eastward along the south property line of 40 Boylston Street
c. 130 feet to its southeast corner; then northward along its east
property line c. 80 feet to the south curbline of Boylston Street
and then eastward along the south curbline of Boylston Street 320
feet to the northeast corner of the property at 80 Boylston Street;
then southward along the east property line of 80 Boylston Street
c. 110 feet to the intersection of the rear property lines of the
properties fronting on Main Street; then eastward along the rear property
lines of the properties fronting on Main Street c. 125 feet to the
northeast corner of the property at 161 Main Street; then southward
along the east property line of 161 Main Street c. 65 feet to the
north curbline of Main Street; then westward along the north curbline
of Main Street c. 225 feet to a point opposite the continuation of
the west curbline of Webster Street; then southward along the west
curbline of Webster Street c. 310 feet to the southeast corner of
the property at 98 East Corydon Street; then eastward along the rear
property lines of the properties fronting on East Corydon Street c.
400 feet to the east curbline of Congress Street; then northward along
the east curbline of Congress Street c. 60 feet to a point opposite
the southeast corner of the property at 30 East Corydon Street; then
westward, crossing Congress Street and continuing along the south
property line of the property at 30 East Corydon Street c. 75 feet
to the southwest corner of the property at 30 East Corydon Street;
then northward along the west property line of 30 East Corydon Street
c. 80 feet to the north curbline of East Corydon Street; then eastward
along the north curbline of East Corydon Street c. 160 feet to the
east curbline of South Avenue; then northward along the east curbline
of South Avenue c. 150 feet to a point opposite the north curbline
of Chautauqua Place; then westward, crossing South Avenue and continuing
along the north curbline of Chautauqua Place c. 270 feet to the east
curbline of Bushnell Street; then northward along the east curbline
of Bushnell Street c. 90 feet to the northwest corner of the property
at 13 Bushnell Street; then eastward along the rear property lines
of the properties fronting on Chautauqua Place c. 125 feet to the
east curbline of Whitney Place; then northward along the east curbline
of Whitney Place c. 90 feet to the south curbline of Barbour Street;
then westward along the north curbline of Barbour Street c. 270 feet
to the south bank of Tuna Creek; then eastward along the south bank
of Tuna Creek c. 375 feet to the northwest corner of the property
at 21 Mechanic Street; then northward along the rear lines of the
properties fronting on Mechanic Street c. 80 feet to the south curbline
of East Washington Street; then eastward along the south curbline
of East Washington Street c. 80 feet to the east curbline of Mechanic
Street; then north along the east curbline of Mechanic Street c. 120
feet to the place of beginning.
The Pennsylvania Historical and Museum Commission has certified, by resolution, after notification, in writing, of the passage on first reading of this article, to the historical significance of the district within the limits defined in § 125-2, and the City Council or its authorized representative of the City of Bradford has received such certification and placed it among the municipal records of the City.
Pursuant to Article I, Section 27, of the Pennsylvania Constitution, which states that:
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"People have the right to clean air, pure water, and to the
preservation of the natural environment. Pennsylvania's public
natural resources are the common property to all people, including
generations yet to come. As trustees of these resources, the Commonwealth
shall conserve and maintain them for the benefit of all the people."
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The City Council of the City of Bradford hereby declares as
a matter of public policy that the protection, enhancement and perpetuation
of landmarks in the Historic District are necessary to promote the
economic, cultural, educational and general welfare of the public.
Inasmuch as the City of Bradford has many significant historic, landscape,
architectural and cultural resources which constitute its heritage,
this is intended to protect and enhance the landmarks and the historic
districts which represent distinctive elements of the City's
historic, architectural and cultural heritage; as well as fostering
civic pride in the accomplishments of the past; to protect and enhance
the City's attractiveness to visitors and thereby providing support
and stimulus to the economy; and to ensure the harmonious, orderly
and efficient growth and development of the City. The City of Bradford
hereby establishes a procedure for maintaining architectural standards
in the construction of new buildings and in the modification or removal
of existing buildings and providing and implementing a coordinated
and comprehensive plan for the preservation of the Historic District.
A Board of Historical Architectural Review (HARB) is hereby
established, to be composed of five members and two alternates appointed
by City Council, one of whom shall be a registered architect, one
a licensed real estate broker, one the Building Inspector of the City
of Bradford, one with knowledge of architectural history and additional
persons with knowledge of and interest in the preservation of the
Historic District. The initial terms of the first nine members of
the Board shall be so fixed that no more than three members shall
be replaced or reappointed during any one calendar year. Terms will
last three calendar years. After three successive term appointments,
members are ineligible of serving the following term, unless there
are no other qualified applicants.
A.
Compensation. Members of the Board shall serve without compensation.
The Board may hire and pay staff. The members of the Board may incur
other necessary and appropriate expenses and may be reimbursed for
these expenses. When an expense exceeds $500, the City Council, by
resolution, will review and vote and, upon acceptance, authorize the
proper officers to make payment.
B.
Removal of members. Any member of the Board who fails to attend three
consecutive regularly scheduled meetings or 50% of the meetings actually
held in a calendar year may be removed from office by a vote of the
Board.
C.
Board training. Each member of the Board shall attend at least one
workshop, seminar or training session (minimum of four hours) per
year related to historic preservation and approved by the State Historic
Preservation Officer. Each staff member shall also attend at least
one training session per year.
D.
Board vacancy. When a vacancy occurs on the Board, the remaining
members shall recommend as soon as possible but within 60 days the
name of a person to City Council to fill that vacancy, so that Council
may act on that nomination at its next regularly scheduled meeting.
The members of the Board may delegate this responsibility to the Chair.
The Board shall give counsel to the Council of the City of Bradford
regarding the advisability of issuing any certificates required to
be issued pursuant to said Act of June 13, 1961, and this article.
For this purpose, the Board may make and alter rules and regulations
for its own organization and procedures, consistent with the ordinances
of the City and the laws of the commonwealth.
A.
Meetings.
(1)
The time and date of scheduled meetings of the Board shall be published
in the local newspaper.
(2)
Meetings will be held on an as-needed basis when applications are
submitted. Cancelled meetings will be rescheduled.
(3)
Written or personal notice of each regularly scheduled meeting of
the Board and all items on the agenda shall be sent to each Board
member at least five days prior to the day named for the meeting.
(4)
The quorum for a meeting of the HARB shall be a majority of the Board,
including alternates if necessary; any such business transacted shall
be valid, providing it is affirmatively passed by a majority of the
Board.
(5)
Emergency meetings may be held at the call of the Chairman. Notice
of an emergency meeting will be given at least 24 hours prior to such
an emergency meeting.
(6)
Meetings shall be open to the public.
(7)
The HARB shall keep, for each meeting, written minutes, which shall
include a record of votes on all motions.
(8)
When necessary, meetings may be attended by proxy over the phone
and voting can be done remotely by phone or email.
B.
Conflicts of interest. It shall be the duty of each HARB member to
remain conscious of and sensitive to any possible conflict of interest
(including but not limited to financial considerations) which may
arise by virtue of his or her membership on the Board. A member, promptly
upon his determining that he/she has a conflict relative to any matter
brought, shall disqualify him or herself from participating in voting
on such a matter, including temporarily absenting himself from the
room in which the discussion is being held.
C.
Officers.
(1)
The members of the Board shall choose among themselves a Chairperson,
Vice Chairperson and Secretary and any such other officers as the
HARB may, from time to time, determine. With the exception of the
Secretary, all officers must be members of the HARB. The Chairperson
and Vice Chairperson shall hold their offices for one year and may
succeed themselves. They shall have such authority and shall perform
such duties as are provided by the bylaws and shall from time to time
be prescribed for the Board. The same person may hold only one office
at any one time. Election of officers will occur at the January meeting,
which shall be designated as the "annual meeting."
(2)
Any officers may be removed upon a majority vote of the Board. Any
Board member may be removed for misconduct or wrongdoing, unlawful
execution of this Act or failure to perform his or her responsibilities
pursuant to this Act, or for other just cause by a majority vote of
the governing body, but not before he or she has been given the opportunity
of a hearing to defend to any alleged infractions of said Act.
D.
Duties of officers.
(1)
The Chairperson shall preside at all meetings and shall have general
and active management and supervision of the Board's affairs
between meetings; subject, however, to the Board's delegation
of other authority. The Chairperson shall be a member of all special
committees. The Vice Chairperson shall perform these duties in absence
of the Chairperson. Should both be absent, the remaining members of
the Board shall select a Board member to serve in such capacity.
(2)
The Secretary shall attend all sessions of the Board and its committees.
The Secretary shall record all votes of the Board, its reports and
the minutes of all its transactions. The Secretary shall keep or cause
to be kept all books, records and papers and shall perform or cause
to be performed all other duties pertaining to this office which may
be assigned by the Chairperson or by the HARB.
(3)
The Secretary shall notify all Board members of meetings.
E.
Books and records.
(1)
The Secretary to the Board shall keep an original record of the proceedings
of the Board and its bylaws, including all amendments. All recommendations
of the Board shall be permanently filed with the official City records.
Every member of the Board shall have the right to examine the books
and records of the Board and to make copies for any proper purpose.
(2)
The Secretary to the Board shall keep a record of all property information
forms for HARB review of buildings contributing to the Historical
District of Bradford. The forms will be completed by individuals who
meet the Secretary of the Interior's Professional Qualification
Standards for Architectural History. These forms will be updated with
HARB-approved alterations.
(3)
The members of HARB shall make an annual report to the governing
body, which shall include:
(a)
Any recommendations for changes in this article.
(b)
The number and types of cases reviewed.
(c)
The number of cases for which a certificate of appropriateness
was either approved or denied.
(d)
Number of HARB meetings which each member attended.
(e)
Historic-preservation-related training which each member attended.
(f)
A narrative summary describing the state of preservation in
the Bradford Historic District with recommendations in policy, goals
and objectives for the Bradford governing body's consideration.
F.
Board powers. The Historic Architectural Board of Review shall be
authorized to:
(1)
Give recommendations to the City of Bradford governing body regarding
the advisability of issuing any certificate of appropriateness.
(2)
Make such investigations and studies of matters relating to historic
preservation, including consulting with historic preservation experts,
Bradford's City Council or the Board itself, as it may, from
time to time, deem necessary or appropriate for the purpose of preserving
historic resources.
(3)
Perform historic preservation activities as the official agency of
the City of Bradford Historic Preservation Program.
(4)
Employ persons, if necessary, to carry out the responsibilities of
the Board.
(5)
Receive donations, grants, funds or gifts of historic property and
acquire and sell historic properties.
(6)
Participate in private, state and federal preservation programs.
(7)
Conduct a survey of buildings, structures, objects and monuments
for the purpose of determining those of historic and/or architectural
significance and pertinent facts about them; action in coordination
with the City of Bradford and other appropriate groups and to maintain
and periodically revise the detailed listings of historic resources
and data about them, appropriately classified with respect to national,
state and local significance in accordance or consistent with the
Pennsylvania Historical and Museum Commission's Cultural Resource
Management in Pennsylvania: Guidelines for Historic Resource Surveys.
(8)
Propose, from time to time, as deemed appropriate, the establishment
of additional historic districts and revisions to existing historic
districts.
(9)
Formulate recommendations concerning the preparation and publication
of maps, brochures and descriptive material about the City of Bradford
historical and/or architectural sites and buildings.
(10)
Cooperate with and advise the City of Bradford governing body
in matters involving historically and/or architecturally 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).
(11)
Cooperate with and enlist assistance from the National Park
Service, the National Trust for Historic Preservation, Preservation
Pennsylvania, the Pennsylvania Historical and Museum Commission and
other agencies, public and private, from time to time, concerned with
the preservation of historic sites and buildings.
(12)
Advise owners of historic buildings regarding rehabilitation,
repairs, maintenance methods and technologies, adaptive use, economic
and tax incentives and other historic preservation strategies.
(13)
Promote public interest in the purpose of this article by carrying
on educational and public relations programs.
(14)
Adopt the Secretary of the Interior's Standards.
The Building Inspector shall not issue a building permit for
any erection, alteration, reconstruction, repair, restoration or demolition
of all or part of any building in the District until the City of Bradford
governing body has issued a certificate of appropriateness (CA). If
the Building Inspector or his or her representative issues a building
permit without a CA due to an administrative or clerical error, said
building permit shall be voided.
A.
Criteria for issuing a certificate of appropriateness.
(1)
Certificate of appropriateness; general criteria. The Board shall
approve the issuance of a certificate of appropriateness only if it
determines that the proposed work will not have a substantial adverse
effect on the aesthetic, historical or architectural significance
and value of the individual landmark or, if the proposed work is within
an historic district, the proposed work will not have a substantial
adverse effect on the aesthetic, historical or architectural significance
of the property itself, the district or neighboring properties in
such district.
(2)
In making this determination, the Board's decision to approve,
approve with modification(s), or deny an application for certificate
of appropriateness for an individual landmark, interior landmark,
or scenic landmark will be guided by the Secretary of the Interior's
Standards for Rehabilitation by the following principles:
(a)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible.
(b)
Any alteration of existing properties shall be compatible with
the surrounding historic district.
(c)
New construction shall be compatible with the historic district
in which it is located.
(3)
In applying the principle of compatibility set forth in Subsection A(2) of this section, the Board shall consider the following factors:
(a)
The general design and character of the proposed alteration
or new construction relative to existing features of the property
or improvement.
(b)
The scale and visual compatibility of the proposed alteration
or new construction in relation to the property itself, surrounding
properties and the historic district.
(c)
Texture and materials, and their relation to similar features
of the properties and other properties in the historic district.
(d)
Visual compatibility with surrounding properties, including
proportion of the property's facade, proportion and arrangement
of windows and other openings within the facade, roof shape, and the
rhythm of spacing of properties on streets, including setback.
(e)
The importance of historic physical and visual features to the
significance of the property.
Upon receipt of a completed application for a building permit
or a certificate of appropriateness for work to be done in the District,
the Building Inspector shall determine whether the work being proposed
needs to be forwarded to HARB staff for administrative approval review.
If not, he shall forward copies of the completed application for a
building permit together with copies of any plot plan and building
plans and specifications filed by the applicant to HARB. HARB staff
shall be the City Building Inspector. Any changes that occur to the
building in which there is no alteration of the exterior structure
shall constitute approval by the HARB staff.
A.
It shall be the duty of the HARB to review plans for any identified actions listed below, and such review shall be in conformity with the purposes set forth in § 125-4 above. The Board shall not accept any application for review that includes a parcel which has a reported written violation pertaining to any provisions of this article.
B.
The Board shall review all applications for the following action
that lies within the City of Bradford's Historic District:
(1)
Any action involving exterior changes requires the issuance of a
building permit or demolition permit.
(2)
Any application for a sign or sign structure permit.
(3)
Any of the following actions:
(a)
Removal or addition of exterior architectural features from
a structure.
(b)
Removal or replacement of a slate, tile, wood-shingle or standing
metal roof or replacement or covering of such a roof with a different
material.
(c)
Enclosure of porches with screens or storm windows or other
permanent material.
(d)
Installation of storm doors or replacement windows on a structure.
(e)
Construction or removal of fences, walls and architectural screens.
(f)
Exterior painting.
(g)
Removal, replacement or any changes to an existing sign face
or sign insert.
C.
Applications are not necessary for any actions which involve the
ordinary maintenance or repair of any exterior feature in the Historic
District.
D.
The HARB shall not collect a fee for any applications.
E.
Optional preapplication meeting with HARB: allows the applicant and
HARB to reach an agreement on their design standards.
F.
Affirmative maintenance and repair requirement.
(1)
Ordinary maintenance; repair.
(a)
Nothing in this article shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of an
historic landmark or property within an historic district that does
not involve a change in design, building materials, color or outward
appearance.
(b)
The Board may evaluate and decide, without public hearing, whether
or not proposed work constitutes ordinary maintenance and repair or
requires a certificate of appropriateness.
(2)
No owner or person with an interest in real property designated as
an individual landmark or included with an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the Property Maintenance Code of
Pennsylvania, Uniform Fire Prevention and Building Code and all other
applicable local regulations.
(3)
Every owner or person in charge of an improvement on a landmark site
or in an historic district shall keep in good repair:
(4)
Examples of types of prohibited disrepair include, but are not limited
to:
(a)
Deteriorated or crumbling plasters, mortar or facades;
(b)
Deteriorated or inadequate foundation;
(c)
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(d)
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
(e)
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration or are of insufficient size to carry imposed loads;
(f)
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors
which may cause or tend to cause deterioration, decay or damage;
(g)
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
(h)
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety or any fault or defect in the building
or structure which renders it not properly watertight or otherwise
compromises the life and character of the building or structure.
(6)
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
A.
The HARB may recommend without reservations or may conditionally recommend subject to specific modifications any application as set forth in § 125-9 hereof, provided that a finding of excessive dissimilarity or inappropriateness shall exist, but also further that it is of such a nature as to be expected to provoke harmful effects.
C.
Applications which have been approved by action of the HARB shall
be signed and dated by the Chairperson of the HARB.
D.
Decision; action by City Council.
(1)
The HARB shall render a decision and recommendation on any application
for a building permit or sign permit under its review no later than
30 days after the meeting and shall submit, within this said time
period, in writing, to the City Council recommendations concerning
the issuance or denial of a certificate of appropriateness. City Council
shall have up to 21 days to review HARB's recommendation.
(2)
If, for any reason, an application is not ruled upon by the HARB
within said thirty-day period, said application shall be deemed approved
by HARB.
(3)
City Council shall act upon said HARB recommendation at a Council
meeting after the twenty-one-day review period. City Council shall
have the right to grant approval of the recommendation prior to the
twenty-one-day approval period. Failure to act within said time period
by the City Council shall result in the HARB recommendation being
deemed approved by the Council.
If the HARB decides to advise against the granting of a certificate
of appropriateness, it shall so indicate to the applicant for a building
permit. The disapproval shall indicate to the applicant the changes
in plans and specifications, if any, which would protect the distinctive
historical character of the Historic District and the architectural
integrity of the building or structure. The HARB shall withhold its
report for five days to allow the applicant to decide whether or not
to make the suggested changes in his or her plans and specifications.
If the applicant determines that he or she will make the necessary
changes, he or she shall so advise the HARB, which shall in turn advise
the governing body.
The written report to City Council concerning HARB's recommendations
on the issuance of a certificate of appropriateness shall set out
the findings of fact, which shall include but not be limited to the
following matters:
A.
The exact location of the area in which the work is to be done.
B.
The exterior changes to be made or the exterior character of the
structure to be erected.
C.
A list of the surrounding structures with their general exterior
characteristics.
D.
The effect of the proposed change upon the general historic and architectural
nature of the District.
E.
The appropriateness of exterior architectural features of the building
which can be seen from a public street or way.
F.
The general design, arrangement, textures and material of the building
and the structure and the relation of such factors to similar features
of buildings or structures in the district.
G.
The opinion of the HARB as to the appropriateness of the work or
project proposed as it will preserve or destroy the historic character
and nature of the district.
H.
The specific recommendations of HARB based on findings of fact as
to the issuance by City Council or its refusal to issue a certificate
of appropriateness.
I.
Notification of the applicant by the City Council of its consideration
upon receipt of the written report from HARB that it shall consider
the application at the next regularly scheduled or special meeting
the question of issuing to the Building Inspector a certificate of
appropriateness authorizing a permit for work covered by the application.
The applicant shall be advised by the City of Bradford Secretary of
the time and place of meeting at which the application shall be considered.
The applicant shall have the right to attend this meeting and be heard
as to the reasons for filing said application.
J.
Final notification by City Council. In either case of approval or
disapproval, the City shall notify the applicant of its decision within
five days of its meeting at which the application was being considered.
K.
Any applicant who is dissatisfied with the action taken by the City
Council shall have the right, but shall not be required, to petition
the Council within 15 days of Council's decision asking Council
to reconsider its action. Any such petition shall be in writing and
shall set forth a brief statement of the grounds relied upon. Upon
receipt of such petition, the Council shall set a time and place for
a hearing on said petition, which shall take place within 15 days
of receipt of the petition. At such hearing, the petitioner shall
be given an opportunity to be heard and show why such decision should
be reversed or modified and a permit granted. After such hearing and
within five days therefrom, the Council shall sustain, modify or reverse
its initial action. Any aggrieved party may appeal the final order
to the Court of Common Pleas in accordance with the provisions of
the Local Agency Law (2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A.
§ 751 et seq.).
L.
In order to safeguard persons and property against the hazards and
perils incident to defective electrical wiring and apparatus that
are in existence within the limits of the Bradford Historic District,
the Building Official is hereby given the duty to inspect with his
agents and the representative or representatives of the Underwriters
or similar organizations, when requested by property authority or
when public interest so requires, any premises within the Historic
District at reasonable times to ensure that the existing electrical
wiring system and apparatus are not defective and unsafe.
(1)
Written reports requesting certificates of appropriateness for alterations
to historic buildings will require written verification from the Building
Official that the existing electrical wiring system and apparatus
are not defective and unsafe.
(2)
All decisions that the existing electrical wiring system and apparatus
are defective shall be made by the Building Official, in writing,
on notice to the owner of the premises served forthwith personally
or by regular mail addressed to the address shown on the latest tax
records, with reasons for his decision.
(3)
Upon the Building Official's decision that the existing electrical
wiring systems are defective and unsafe as aforesaid, the system or
portions of the system which are not defective and unsafe shall be
discontinued until they are corrected and made to comply with the
provisions of the National Electrical Code in accordance with this
article.
A.
An applicant with an application to the Council that has been denied
may apply to City Council for relief on the grounds that the HARB
standards are working a hardship upon the applicant. In order to prove
the existence of a hardship, the applicant shall establish that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible,
if the applicant is denied. The applicant who demonstrates to the
satisfaction of the City Council that the applicant's claim of
hardship is well founded shall present dollars-and-cents proof to
City Council.
(a)
The applicant shall submit:
[1]
A minimum of three estimates from bona fide contractors and/or
vendors substantiating his or her claim that the financial feasibility
of repair in kind is unreasonable.
[2]
Date the property was acquired by its current owner.
[3]
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.
[4]
Mortgage history of the property, including current mortgage
and the annual debt service, if any, for the previous two years.
[5]
Current market value of the property.
[6]
Equity in the property.
[7]
Past and current income and expense statements for the past
two years.
[8]
Past capital expenditures during ownership of current owner.
[9]
Appraisals of the property obtained within the previous two
years.
[10]
Income and property tax factors affecting the
property.
[11]
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 for alternative use
or a statement that none were obtained.
[12]
Estimates of the cost of the proposed erection,
reconstruction, alteration, restoration, demolition or razing and
an estimate of any additional cost that would be incurred to comply
with the recommendations of the 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.
(b)
The Review Board may require that an applicant furnish additional
information relevant to its determination of unreasonable economic
hardship.
(c)
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.
(2)
The property cannot be adapted for any other use permitted by the
Zoning Ordinance in the zoning district in which the property is located,
whether by the current owner or by a purchaser, which would result
in a reasonable return.
B.
The City Council shall hold a public hearing on the hardship application,
at which time an opportunity will be provided for proponents and opponents
of the application to present their views. Such a hearing will be
within 90 days of filing of the hardship application. Notice of the
hearing shall be printed in the newspaper in the City of Bradford
at least one time and at least five days, but not more than 10 days,
before the hearing. The applicant shall pay the cost of the legal
notice.
C.
The applicant shall consult in good faith with the HARB and interested
parties in a diligent effort to seek an alternative that will result
in the preservation of the property.
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 be unable to develop
with the City of Bradford or appropriate local, statewide and national
preservation organizations a solution which can relieve the owner's
economic hardship, the Review Board must recommend a certificate of
appropriateness for demolition.
In reviewing all applications, the HARB shall act to accomplish
the following:
A.
To assure architectural compatibility, such as historical and architectural
values, architectural style, design, arrangement, texture, material
and color.
B.
To provide controls for signs, fences, outdoor lighting, utility
services and accessory buildings.
C.
To advise, where justified, the use of special policies so as to
improve such aids or other incentives so that privately owned projects
may realize a reasonable return.
D.
To prevent the demolition or destruction of significant structures
whose preservation is an objective of the district.
The Board shall be guided by the following standards in approving
or disapproving applications:
A.
General principles.
(1)
Every reasonable effort shall be made to provide a compatible use
for a property that requires minimal alteration of the building, structure
or site and its environments, or to use a property for its original
intended purpose.
(2)
The distinguishing original qualities or character of a building,
structure or site and its environments shall not be destroyed. The
removal or alteration of any historic material or distinctive architectural
feature should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized as products
of their own time. Alterations that are incompatible shall be discouraged.
(4)
Changes that may have taken place in the course of time are evidence
of the history and development of a building, structure or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure or site shall be treated with
sensitivity.
(6)
Deteriorated architectural features shall be repaired rather than
replaced wherever possible. In the event that 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 duplication
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.
(7)
The surface cleaning of structures shall be undertaken with the gentlest
means possible. Sandblasting and other cleaning methods that will
damage the historic building materials or historic landscape features
shall not be undertaken.
(8)
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 can always be clearly differentiated from the historic
building and be compatible in terms of mass, materials, relationship
of solids to voids, and color. New construction should focus on setting,
including maintaining traditional setbacks and side yards of front
yards that define the character of the district.
(9)
Backlit signs are not permitted. Goose neck lighting is recommended
and encouraged.
B.
Design guidelines. The design guidelines are outlined in a booklet
that can be found at City Hall for further reference. In applying
the principals for review, the HARB shall consider whether the proposed
alteration or construction is compatible with the landmark, historic
property and/or surrounding properties in the Historic District with
regard to:
(1)
Height. The height of a building shall be compatible with the surrounding
buildings.
(a)
Generally, maximum building height shall not be greater than
the taller of the next two abutting structures on each side of the
building site, provided that such structures are in conformance with
bulk regulations of the zoning district.
(b)
Generally, minimum building height of a street facade shall
not be less than the lower of the next two abutting structures on
each side of the building site, provided that such structures are
in conformance with bulk regulations of the zoning district.
(2)
Scale. The relationship of a building and its elements to human size,
form and perception. The scale of a building shall be compatible with
the surrounding buildings.
(3)
Proportion. The relationship among the dimensions of various elements.
(4)
Rhythm. The pattern resulting from repeated elements such as window
and door openings, columns, arches and other facade elements. The
rhythmic relationship between a building's facade elements shall
be compatible with the surrounding buildings. In cases where new construction
occupies more than one house lot, the rhythm of the separate building
units existing on the street shall be carried across the facade. Some
of the ways this may be achieved include the grouping of openings
in clusters, the employment of reveals in wall plans or the use of
structural bays.
(5)
Directional expression. The directional expression of a building
shall be compatible with the dominant horizontal or vertical expression
of the surrounding buildings.
(6)
Massing and open space. The relationship of a building to open space
between it and the adjoining buildings shall be compatible with the
character of the surrounding area.
(7)
Setback. The front yard setback for the building line of all new
construction shall be no closer to the street than the closest or
no further from the street than the next two abutting structures on
each side of the building site, provided that such structures are
in conformance with area regulations of the zoning district.
C.
Major building elements.
(1)
Storefronts. Existing historic storefronts shall be retained and
rehabilitated whenever possible. Storefronts which have been altered
or removed shall be restored or compatibly redesigned.
(2)
Doors. Existing historic doors and openings shall be retained and
rehabilitated wherever possible. Restoration of historic openings
is to be encouraged where they have been previously altered. Where
doorways must be altered to meet current building code and safety
requirements, doors and entranceways shall be designed also to respect
the exterior architectural integrity of the building.
(3)
Windows. Existing historic windows and window openings shall be retained
and rehabilitated wherever possible. Restoration of historic openings
is to be encouraged where they have been previously altered.
(4)
Roofs. Features which give a roof its essential historic character
shall be preserved wherever possible. Roof designs for new structures
shall be compatible with surrounding buildings.
D.
Materials and colors.
(1)
Materials used in new construction shall be compatible with those
traditionally used in the surrounding area. Contemporary materials
such as glass, curtain walls, concrete, etc., are acceptable, provided
that the overall texture, color and detail of the building is compatible
with the surrounding buildings.
(2)
Colors used in new construction shall be compatible with surrounding
buildings. In the case of existing historic buildings, architectural
features shall be restored with colors and finishes appropriate to
the nature of the materials and to the historic character of the building.
Where documented colors are not used, historic colors appropriate
to the building's predominant style(s) shall be encouraged.
E.
Signs and awnings.
(1)
No commercial 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 is displayed.
(2)
Except as provided in Subsection E(3) and (4) of this subsection, no sign or display of any kind or for any purpose shall be erected or altered, notwithstanding zoning sign approval, until an application for permit to make such erection or alteration has been reviewed by HARB for conformity in exterior material composition, exterior structural design, external appearance and size of similar advertising or information media used in the architectural period of the district in accordance with the resource inventory of building architectural styles of the Bradford Historic District (which is available in the office of the City Clerk) and a permit granted thereon.
(3)
Noncommercial signs not exceeding 12 square feet in area placed upon
private property by the owner or occupant of said property are exempt
from the permitting requirement of this subsection.
(4)
Temporary signs not exceeding 12 square feet are exempt from the
permitting requirement of this subsection, provided that each such
sign is removed within 60 days of its erection.
(5)
The letters of all signs and displays, regardless of content, displaying
an area four square feet or larger shall be in uniform type-set style
of print or professionally printed.
(6)
The face of a sign or other display shall not consist of unpainted
or unfinished wood or wood products. All signs and other displays
constructed of materials other than solid wood must be painted or
displayed on material of a uniform color, except where the sign includes
a border. The border of any sign or other display shall be of a uniform
width and color.
(7)
All signs or other displays must be painted in colors chosen from
the historic color chart. The historic color chart is available in
the City Clerk's office.
F.
Demolition.
(1)
In the case of structures of architectural or historical significance,
the developer shall be required to show good cause as to why such
structures cannot be preserved. All applications for demolition shall
be required to show why structures cannot be preserved, except in
the case of structures identified as having no architectural or historical
significance (noncontributing to the district).
(2)
Applications for demolition shall include plans for development of
the site following demolition. Such plans must include an acceptable
timetable and guarantees, which may include performance bonds/letter
of credit for demolition and completion of the project. The time between
demolition and commencement of new construction shall not exceed six
months.
(3)
Relocating structures of architectural or historic significance may
be permitted as an alternative to demolition.
G.
Demolition by neglect. All buildings and structures within the Bradford
Historic District shall be maintained in good repair, structurally
sound and reasonably protected against decay and deterioration.
The provisions of this article shall be deemed to be severable,
and if any of such provisions shall be held unconstitutional by any
court of competent jurisdiction, the decision of such court shall
not affect or impair any of the remaining provisions of this article.
Unless otherwise specified or extended by the HARB, decisions
on all applications granted after the effective date of this amendment
shall expire after one year. This will occur if the applicant fails
to obtain the necessary building permit to construct any project and
begin actual construction or to comply with the conditions of said
authorization within one year from the filing date of such decision
thereof.
The Building Inspector shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this article in the same manner as in his enforcement of the Building Code of the City of Bradford, set forth as follows in Chapter 80, Construction Codes, Uniform:
A.
117.4 Violation penalties: Any person who shall violate
any provision of this code or who shall fail to comply with any requirement
thereof or who shall erect, construct, alter or repair a building
or structure in violation of an approved plan or directive of the
Building Official, or of a permit or certification issued under the
provisions of this code, shall, upon conviction thereof, be sentenced
to pay a fine of not less than $100 and 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 article and issued a stop-work order,
each day's continuance of such violation after such notification
shall constitute a separate offense punishable by a like fine.
B.
18.2 Unlawful continuance: Any person who shall continue
any work in or about the structure after having been served with a
stop-work order, except such work as that person is directed to perform
to remove a violation or unsafe conditions, shall be liable to a fine
not exceeding $600. Each day's continuance of such violation
after such notification shall constitute a separate offense punishable
by a like fine.
Immediately upon the adoption of this article, the City of Bradford
Secretary shall forward a copy thereof to the Pennsylvania Historical
and Museum Commission. This article shall not take into effect until
it has been advertised once in the newspaper of general circulation
in the City of Bradford as required by law.
As used in this article the following terms shall have the meanings
indicated:
Any act or process requiring a building permit and any other
act or process not requiring a building permit and any other act or
process not requiring a building permit but specifically listed in
this article as a reviewable action, including without limitation
the repair, replacement, reconstruction, demolition or relocation
of any structure or object, or any part of a structure which is visible
from the public way.
A structure created to shelter any form of human activity,
such as a house, barn, church, hotel or similar structure.
A document evidencing approval by the Historic Architectural
Board of Review of an application to make a material change in the
appearance of a designated historic property or of a property located
within a designated historic district.
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 resulting
in its demolition.
The architectural style, general design and general arrangement
of the exterior of a building, structure or object, including but
not limited to the kind of texture of the building material and the
type and style of all windows and doors, signs and other appurtenant
architectural fixtures, features, details or elements relative to
the foregoing.
All those aspects of the landscape or the development of
a site which affect the historical character of the property.
A geographically definable area possessing a significant
concentration, linkage or continuity of sites, buildings, structures
or objects united by past events or aesthetically by plan or physical
development. A district may also comprise individual elements separated
geographically but linked by association or history.
An individual building, structure, site or object, including
the adjacent area necessary for the proper appreciation thereof designated
by the Historic District.
Reconstruction or alteration of the size, shape or facade of
an historic property, including relocation of any doors or windows
or removal or alteration of any architectural features, details or
elements.
Demolition of excavation for construction purposes.
Commencement of excavation for construction purposes.
A change in the location of advertising visible from the public
right-of-way.
The erection, alteration, restoration or removal of any buildings
or other structure within an historic property or district, including
walls, fences, steps and pavements, or other appurtenant features.
A material thing of functional, aesthetic, cultural, historical
or scientific value that may be, by nature or design, movable yet
related to a specific setting or environment.
The location of a significant event, an historic occupation
or activity or a building or structure, whether standing, ruined or
vanished, where the location itself maintains historical or archaeological
value regardless of the value of any existing structure.
A work made up of interdependent and interrelated parts in
a definite pattern of organization. Constructed by man, it is often
an engineering project large in scale.
[Adopted 5-12-2020 by Ord. No. 3283]
As used in this article, the following words and phrases shall
have the meanings set forth below:
Carrying on or exercising, whether for gain, profit or otherwise,
within the City of Bradford's Historic District, any trade, service,
profession, brokering, communication, consulting or other commercial
activity or service, including but not limited to financial business,
or making sales to persons or rendering services attributable to activity,
an office or other physical place of business located within the City
of Bradford's Historic District.
Any business other than a wholesale dealer and/or wholesale
vendor which begins operations or relocates to the City of Bradford's
Historic District on or after July 1, 2019.
Cash, credits, (including, but not limited to legal obligations
assigned by contract to another) and property of every kind and nature
received or due from services rendered from or business transacted
in, allocable to the City of Bradford's Historic District, without
deduction therefrom but not limited to cost of any property sold or
used, material utilized, labor service, interest paid or any other
cost or expenditure.
The City of Bradford.
An eligible business accepted into the program.
A.
B.
Microgrant schedule. Upon completion and submission of the microgrant
application form and supporting documentation, a microgrant shall
be issued on the following schedule:
A.
General program administration. The City of Bradford Office of Economic
and Community Development shall manage and administrate the program.
B.
Policies and procedures for program administration. The City of Bradford
Office of Economic and Community Development shall promulgate rules,
policies, procedures, and/or guidelines for the administration of
the program, including, but not limited to, the furnishing of program
participants' financial records, grant distributions schedules,
grant distribution, program participants' reporting requirements,
and program participants' continued eligibility.
C.
The City of Bradford will furnish the grant funds after reviewing
the data supplied by the Office of Economic and Community Development
and verifying that the business is current on all taxes, fees, licenses,
inspections, and all other mandatory requirements that govern said
business.
