[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
This article is in support and furtherance of its findings and
determination that the historical, cultural and aesthetic heritage
of the City of Erie is among its most valued and important assets,
and preservation of this heritage is essential to the promotion of
the health, prosperity and general welfare of the people. The purpose
of the article is to:
701.1.
Stimulate revitalization of the business districts and historic neighborhoods
and to protect and enhance local historic and aesthetic attractions
to tourists and thereby promote and stimulate business;
701.2.
Enhance the opportunities for federal or state tax benefits under
relevant provisions of federal or state law;
701.3.
Provide for the designation, protection, preservation and rehabilitation
of historic properties and historic districts to participate in federal
or state programs to do the same;
701.4.
Promote the retention of community character through preservation
of the local heritage by recognition and protection of historic and
cultural resources;
701.5.
Establish a clear process by which proposed changes affecting historic
resources are reviewed;
701.6.
Mitigate the negative effects of proposed changes affecting historic
resources;
701.7.
Encourage the continued use of historic resources and facilitate
their appropriate rehabilitation and adaptive reuse;
701.8.
Encourage pleasing and harmonious relationship between old and new
buildings and structures that will maintain and strengthen the architectural
character of historic districts;
701.9.
Implement the following sections of the Pennsylvania Municipalities
Planning Code: Section 603(g)(2), which states that "zoning ordinances
shall provide for protection of natural historic features and resources";
Section 604(1), which states that "the provisions of zoning ordinances
shall be designed to promote, protect and facilitate any or all of
the following: ... preservation of the natural, scenic and historic
values ..."; and Section 605(2)(vi), whereby uses and structures at
or near places having unique historical, architectural or patriotic
interest or value may be regulated.[1]
[1]
Editor's Note: See 53 P.S. §§ 10603, 10604
and 10605, respectively.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
This article provides for the creation of a Historic Resource
Protection (or HP) designation, for the City of Erie, which affects
historic resources. Identified historic resources include, but are
not necessarily limited to, historic districts, structures, buildings,
objects, or sites hereinafter referred to as "historic resources."
Historic resources shall be shown on the City of Erie Zoning Map as
with an overlay as a Historic Preservation (HP) District. Historic
resources not located within a district shall also be listed on the
Historic Resources Inventory. Owners of properties in the HP District
and listed on the Historic Resources Inventory must comply with the
provisions of this article, as well as the provisions of the underlying
zoning district.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
The "Zoning Map, City of Erie, Pennsylvania," may be amended
to show one or more HP District(s) as an overlay zone. An overlay
zone may encompass one or more underlying zoning districts and imposes
additional requirements above that required by the underlying zone.
The HP designation is designed for the purposes of historic preservation.
703.1.
Historic Resources Protection Map is a companion to the City's
Official Zoning Map and shall be kept on file at the office of the
Zoning. This map will be based upon comprehensive surveys and inventories
of designated historic/cultural resources. The map may contain all,
or portions, of the City. Requests for designation of a historic district
will be permitted as outlined in the review and approval process as
prescribed in this article.
703.2.
The Historic Resources Map may be revised or amended by action of
the City in accordance with this article.
703.3.
In considering the preparation of, or any revision, including additions,
deletions, or changes to, the Historic Resources Protection Map or
the Historic Resources Inventory, the City will rely on the written
recommendation from the Erie City Planning Commission and the Historic
Review Commission.
703.4.
Should the designation of the HP either as a district or as an individual
resource be revised as a result of legislative or administrative action
or a judicial decision, the zoning requirements and other regulatory
measures applicable to any properties deleted therefrom shall be those
of the underlying zoning district.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
704.1.
Historic Review Commission (HRC) is hereby established, and the same
shall consist of five citizen members, the majority of whom shall
reside in the City of Erie, and two ex officio members representing
the City. The membership positions shall be filled by appointment
by the Mayor and by City Council. The Mayor shall appoint two citizen
members and the ex officio members while City Council may appoint
three citizen members. The five citizen members are voting members
and a majority for the purposes of this section shall be three or
more. Ex officio members are nonvoting members and act in advisory
capacity to the HRC. The positions shall be filled as follows:
(a)
One citizen member shall be a professional preservationist or an
architectural historian active with a broad-based local organization
involved with historic preservation and/or history.
(b)
One citizen member shall be an architect who has an interest and
background in historic preservation.
(c)
One citizen member shall be a representative of the viewpoints of
the real estate community as recommended by the Erie County Board
of Realtors.
(d)
Two citizen members shall be any two citizens who have demonstrated
an outstanding interest and/or knowledge of historic preservation
or community revitalization in the City of Erie. Examples of outstanding
interest can include ownership and maintenance of a historic building
within the City or active membership with a community or preservation
organization.
(e)
Ex officio members shall be appointed by the Mayor and shall include
one staff from the Department of Planning and Neighborhood Resources
and one member of the Planning Commission.
704.2.
The responsibilities of the Historic Review Commission shall be to:
(a)
Investigate and report on the appropriateness of structures, districts,
sites and objects which are being considered by City Council for historic
designation and to make recommendations to the Council about approval
or disapproval of such designations.
(b)
Review all demolition permits, building permit and sign permit applications
involving new construction or exterior alteration of historic resources
or structures in locally designated historic districts and make determinations
concerning the appropriateness of the work proposed in such permit
applications.
(c)
Issues certificate of appropriateness decisions on all activity regulated
by this article.
(d)
See that appropriate standards and guidelines are established for
each proposed historic district and see that the residents of the
geographical area being considered for designation are involved in
developing and amending those standard guidelines for their district.
(e)
Seek recommendations from community groups on decisions involving
applications for approval within the respective districts.
(f)
Carry on educational activities in furtherance of the purpose of
this article and preservation plans for the City of Erie.
(g)
Act in an advisory role to City departments and agencies related
to preservation matters.
(h)
Facilitate the redevelopment of historic structures and districts
in accordance with approved development plans of the City.
(i)
Act as liaison on behalf of the City with preservation organizations,
professional societies, community and other groups, private property
owners, and interested citizens, concerning conservation of the historic
resources of the City.
(j)
Act as a liaison on behalf of the City with State of Pennsylvania
Historic Preservation Officer, agencies of the federal government,
the National Advisory Council on Historic Preservation, and the National
Trust for Historic Preservation, concerning the historic resources
of the City.
(k)
Prepare plans for the conservation and development of historic resources
in conjunction with the Erie Planning Commission.
(l)
Undertake or encourage and facilitate the documentation of the architecture
and history of the City's historic resources.
(m)
Participate in ongoing training to increase skillsets and learn about
important preservation activities and tools.
704.3.
Terms.
(a)
After initial staggered terms of one member for one year, two members
for two years, and two members for three years, each HRC member shall
serve a three-year term of office. Any appointed member of the HRC
may be removed from office by the Mayor for just cause and with the
approval of Council. The Mayor shall submit reason constituting cause
in writing to the Commission and to the Council. An appointment to
fill a vacancy shall be only for the unexpired portion of the term.
(b)
Ex officio members shall serve in perpetuity unless they leave office
or are replaced by the Mayor.
(c)
Officers. At the first meeting of the HRC and then the first meeting
of each year afterwards, the HRC shall appoint the Chairman, Vice
Chairman, Secretary and any other officers of the HRC. The Chairman
shall be responsible for calling all meetings within the prescribed
time limitations as set forth in this resolution. The Secretary shall
keep the minutes of the meetings and a permanent record of all resolutions,
motions, transactions and determinations.
(d)
Meetings. An official meeting of the HRC cannot be called to order
without the establishment of a quorum of three voting Historic Review
Commission members. All members of the HRC shall be entitled to vote
and the decision of the HRC shall be determined by a majority vote
of the Historic Review Commission members present at the meeting.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
705.1.
Minimum criteria for designation. Every historic resource nominated
for HP designation must meet one or more of the specified criteria
for designation within each appropriate category of the following
criteria for designation.
705.2.
Designation of historic structures, historic districts, historic
sites, and historic objects. The Historic Review Commission shall
limit its consideration to the following criteria in making a determination
on a nomination of an area, property, site, structure, or object for
designation by ordinance as a historic structure, historic district,
historic site, or historic object:
(a)
Is associated with an event that is significant to the history of
the municipality, commonwealth, or nation.
(b)
Is representative of broad patterns of development, heritage, or
culture of the municipality, commonwealth, or nation.
(c)
Is associated with persons of significance to the history of the
municipality, commonwealth, or nation.
(d)
Embodies distinctive characteristics of style, type, period or method
of construction of architecture.
(e)
Is the work of a notable architect, artist, craftsperson, or builder.
(f)
Has yielded, or may be likely to yield, information important in
prehistory or history.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
706.1.
The Council of the City of Erie may nominate historic structures, historic districts, historic sites and historic objects upon request or upon its own initiative which will act as an official request for amendment to the Zoning Ordinance for the City of Erie as outlined in Article 4.
(a)
In the case of a nomination as a historic district, the nominator
may be the owner of record for at least one property located within
the district or by a community-based organization representing the
district. Nominations may be an outcome of a preservation plan completed
by the HRC and duly adopted by the City Council which includes an
inventory of historic resources within the City.
(b)
In the case of a nomination for a structure, site or object, the
nominator may be the owner of record. Nominations may also be an outcome
of a preservation plan completed by the HRC and duly adopted by the
City Council which includes an inventory of historic resources within
the City.
(c)
The HRC may establish all necessary application requirements for
nomination requests for historic resources.
706.2.
Prior to Planning Commission's review of requested amendments
that would apply the Historic Preservation (HP) Overlay District,
the City Council shall forward the nomination to the Historic Review
Commission for their review and recommendation.
(a)
The HRC shall decide if there is reasonable cause to determine that
the nominated district, structure, site or object will meet the criteria
for designation as noted above. An affirmative decision of the HRC
must be supported by the votes of a majority of the members of the
HRC present, and shall be transmitted in writing to the nominator
and to the owner(s) of the property(ies) nominated.
(b)
For proposed districts, the HRC shall conduct a public meeting and
take comments from any party, subject to the rules and procedures
adopted by the HRC, before making its preliminary determination concerning
the nomination.
706.3.
Community meeting by the Historic Review Commission for nominations
of historic districts as defined in this article the following process
shall be commenced:
(a)
The HRC shall schedule a public meeting held on the nomination within
30 days following receipt of the nomination for a historic district.
Notice of the time, place and purpose of such meeting shall be given
by the HRC at least seven days prior thereto to all property owners
within the affected district.
(b)
The meeting shall be conducted in accordance with the pertinent section
of the rules and procedures for the HRC as established and adopted
by the HRC. The HRC shall consider all comments or evidence relating
to the designation criteria from any person who makes written submissions
or appears at the public meeting. The staff of the Department of Planning
and Neighborhood Resources shall be requested to provide a recommendation
relating to the designation to the HRC.
(c)
The owner of any property within a nominated district shall be afforded
notice of any meeting of the Historic Review Commission and an opportunity
to be heard at said meeting.
(d)
The recommendation of the Historic Review Commission shall be made
in writing, and shall contain findings and the reasons for the recommendation
and shall be delivered to the applicant for a nominated district,
or their counsel personally, or by mail.
(e)
Following the conclusion of the public meeting for a district or
within 30 days of receiving a completed nomination form for an individual
resource, the HRC shall consider the application at a regular public
meeting and shall vote on whether or not the proposed district or
historic resource meets the designation criteria and should be designated
as a historic district. The HRC shall transmit a report detailing
its recommendations to the Planning Commission within 30 calendar
days.
(f)
Within 30 calendar days following the conclusion of the HRC's
consideration and recommendation, the Planning Commission shall consider
the application at a regular or special meeting. The Planning Commission
shall consider whether the designation is consistent with the municipality's
Comprehensive Plan and other development plans and policies and transmit
a report detailing its recommendations to City Council within 30 days
of the meeting.
(g)
The City Planning Commission shall consider effects of designation
on adjoining properties and surrounding neighborhoods within the framework
of established planning, development and land use objectives for the
City of Erie.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
707.1.
General requirements.
(a)
Prior to undertaking any of the activities or actions described in
this section on properties within a locally designated historic district
or on any property designated as a historic resource within an HP
Overlay District, the property owner or responsible party must obtain
a certificate of appropriateness if the activity or resulting construction
is visible from a public way. A certificate of appropriateness shall
be required regardless of whether building or zoning permits are required.
(b)
Applications for building and zoning permits shall not be considered
complete unless and until accompanied by a certificate of appropriateness
from the HRC.
(c)
The following activities require a certificate of appropriateness:
(1)
Demolition, in whole or in part, of contributing resources within
a district or historic resource.
(3)
Major exterior alteration that may not require a permit from
the City of Erie. Types of major alterations include but are not limited
to the following types of activities:
A.
Activities that change a building's overall character including
size, shape, silhouette and fenestration pattern such as removal of
porches or entryways.
B.
Adding exterior cladding that covers or obscures existing openings,
installation of ATMs or other similar features.
C.
Addition or removal of the number of windows or removal of dormers.
707.2.
Review criteria and guidelines.
(a)
Demolition.
(1)
In advance of a request to demolition a historic resource or
contributing resource, the HRC may request a development plan for
the site as part of their review.
(2)
A certificate of appropriateness for the demolition of a historic
resource or contributing resource may be issued when one or more of
the following conditions have been met, only:
A.
Denial of the certificate of appropriateness and retention of
the resource would result in economic hardship as defined in this
Ordinance; or
B.
The resource poses an imminent threat to the health, safety,
or welfare of its occupants, adjacent properties, or the public; or
C.
Demolition of the resource is necessary to advance a significant
public interest or benefit.
(b)
New construction or major exterior alteration.
(1)
In considering whether to issue a certification of appropriateness
for the construction of a new building within the boundaries of a
historic district, the HRC shall consider the effect of the proposed
building on the historic and architectural nature of the district.
(2)
The HRC shall consider the exterior architectural features which
can be seen from a public way, only, and may consider the general
design, arrangement, texture, material, and color of the proposed
building, along with the relationship to similar features of buildings
and structures in the district.
(3)
The HRC shall develop guidelines that use a combination of text,
photographs, and illustrations to convey how new buildings may be
designed so that they are compatible with the historic and architectural
nature of the district. The HRC shall submit the guidelines to the
City Council for approval. There may be separate and distinct guidelines
for each designated district.
(4)
The approved guidelines shall be utilized by HRC and the City
Council for the evaluation and approval or denial of certificate of
appropriateness applications.
707.3.
Application and review procedures.
(a)
Applications for certificates of appropriateness shall be submitted
to the Zoning Officer in a form and manner as specified by the Zoning
Officer.
(1)
The HRC, in consultation with the Zoning Officer, shall develop
and publish forms and guidelines that specify the information and
documentation that must be submitted along with COA applications.
The guidelines may require different information for different types
of projects.
(b)
The Zoning Officer shall verify that the application meets the submission
guidelines and shall forward all technically complete applications,
together with all plans and other documentation submitted therewith,
to the HRC at least five business days prior to the meeting where
the application will be considered.
(c)
The HRC shall consider all technically complete applications at a
regular or special meeting within 30 calendar days of submission unless
an extension or deferral is agreed to by both the applicant and HRC.
(d)
The applicant shall be given notice of the time and place of the
said meeting and shall be given the opportunity to present the application
to the HRC.
(e)
In considering whether to recommend the issuance of a certificate
of appropriateness, the HRC may consider comments from the public
as well as persons and organizations with expertise and experience
in matters relevant to the application.
(f)
Within 30 calendar days after the HRC meeting where the application
has been discussed, the HRC shall provide the applicant with a written
report detailing the findings, conclusions, and recommendations of
the HRC. The HRC and applicant may mutually agree to continue consideration
of the application to future meetings or to an extension of the thirty-day
timeframe for issuance of a recommendation.
(g)
The report issued by the HRC shall include, but need not be limited
to, the following matters:
(1)
The address of the proposed project.
(2)
The name of the applicant.
(3)
A description of the proposed project.
(4)
The findings and conclusions of the HRC as to whether the project
meets the applicable criteria and guidelines for issuance of a certificate
of appropriateness.
(5)
An approval or denial a certificate of appropriateness.
(h)
The applicant shall have 15 business days following the receipt of
the HRC's report to decide whether or not to make the suggested
changes in plans and specifications. If the applicant determines that
they will make the necessary changes, they shall advise the Zoning
Officer, who shall in turn advise the HRC accordingly. The applicant
may resubmit the plans for reconsideration by the HRC, after which
the HRC shall have 30 additional days to make its determination on
the amendment application.
(i)
The granting or denial of a certificate of appropriateness shall
be in the form of a written resolution that shall include findings
of fact related to the specific proposal and shall set forth the reasons
for the granting, with or without conditions, or for the denial, referring
to such criteria set forth in this chapter that were relevant to the
HRC's decision.
(j)
The resolution shall provide specific recommendations for changes
to the proposed plans and specifications that the applicant could
make to meet the applicable guidelines and be recommended for approval.
(k)
If the HRC denies the COA, the applicant may appeal the decision
to City Council in a manner prescribed the City.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
Permits for the activities listed herein below may be issued
by the Zoning or Building Official without review by the HRC. The
Zoning or Building Official shall provide a record of all administrative
approvals to the HRC, for their information.
708.1.
In-kind replacements.
708.2.
Replacement of slate roofs with slate look-alike products. The color
selected should be one that most closely matches the slate to be replaced.
708.3.
Pointing or repointing of masonry, provided the proposed project
specifies all new mortar applications match the original in color,
composition and joint profile.
708.4.
Other minor alterations as determined by a policy adopted by the
HRC.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
709.1.
If, following the denial of a certificate of appropriateness by City
Council, the applicant believes they will suffer economic hardship,
they may submit by affidavit to HRC information which shall include
but not be limited to the following:
(a)
Date the property was acquired by its current owner.
(b)
Price paid for the property (if acquired by purchase) and the relationship
(if any) between the buyer and the seller of the property.
(c)
Mortgage history of the property, including current mortgage.
(d)
Current market value of the property.
(e)
Equity in the property.
(f)
Past and current income and expense statements for a two-year period.
(g)
Past capital expenditures during the ownership of current owner.
(h)
Appraisal of the property obtained within the previous two years.
(i)
Income and property tax factors affecting the property, as specified
by the City Solicitor.
(j)
The HRC may require that an applicant furnish additional information
relevant to its determination of economic hardship and may receive
and consider studies and economic analyses from other sources relevant
to the property in question.
709.2.
HRC shall consider the claim of economic hardship at a regular or
special meeting, and shall determine, based on the evidence provided
by the applicant and relevant testimony, whether denial of the certificate
of appropriateness has resulted in economic hardship as defined in
this chapter. The HRC may also consider whether there are financial
or tax incentives available for the property that would alleviate
the hardship.
709.3.
The HRC may choose to recommend to the City Council 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.
709.4.
The HRC is authorized to seek the assistance of appropriate local,
statewide and/or national preservation organizations in developing
solutions which would relieve the owner's economic hardship.
If HRC chooses to explore such options, HRC may delay issuing their
recommendation to the City Council regarding the certificate of appropriateness
on the basis of economic hardship for a period of 90 days in addition
to the time periods otherwise applicable.
709.5.
The HRC shall, by motion, determine whether economic hardship exists,
and shall transmit its recommendation along with supporting evidence
and rationale to the City Council. The City Council shall consider
the HRC's recommendation and determine whether to issue the certificate
of appropriateness for reasons of economic hardship.
[Ord. No. 80-2005, passed 12-28-2005, as amended through Ord. No. 15-2023, passed 4-19-2023]
Any person who violates the terms of this article shall be subject to the fines and penalties imposed by this Ordinance under Section 403.
