[Ord. 25-1997, effective 8-7-1997]
(a)
Finding
of Fact.
(1)
The history of the built environment in Pittsburgh began with the
construction of Fort Duquesne at the Point in 1754. Since that time,
Pittsburgh has accumulated a rich and diverse architectural heritage
of buildings from the 18th, 19th, and 20th centuries. There are examples
of many different styles which were popular during that period, including
but not limited to: early vernacular, Georgian Classical, Greek Revival,
Italianate, Romanesque, Beaux-Arts and early 20th century modern buildings.
Pittsburgh is also fortunate to have many buildings designed by architects
who were in the vanguard of their profession. Some areas of the City
and some specific buildings are also important as sites where historic
events occurred. In addition, there are a number of areas of the City
where concentrations of certain style or building type predominates,
due to the manner in which the City grew and expanded over time.
(2)
Many of these structures are in danger of being lost forever. The
need to maintain and strengthen the City's residential and commercial
usage of its land area mandates that the City of Pittsburgh take all
the necessary steps to preserve and restore the historic structures,
landmarks, sites and district within the City.
(b)
Declaration
of Policy. The purpose of this Chapter is to promote the economic
and general welfare of the people of the City of Pittsburgh; to ensure
orderly and efficient growth and development of the City of Pittsburgh;
to preserve and restore the qualities of the City of Pittsburgh relating
to its history, culture, and traditions; to preserve and restore harmonious
outward appearance of structures which attract tourists and residents
to the City of Pittsburgh; and to afford the City including interested
persons, historical societies, or organizations, the opportunity to
acquire or arrange for the preservation of designated districts or
structures.
[Ord. 25-1997, effective 8-7-1997; Ord. 6-2003, § 1, eff. 2-25-2003]
(a)
HISTORIC STRUCTURE
Anything constructed or erected, the use of which requires directly or indirectly, a permanent location of land, including walks, fences, signs, steps and sidewalks, which meets one (1) or more of the criteria for designation as listed in § 1101.04.
(b)
HISTORIC DISTRICT
A defined territorial division of land which shall include more than one (1) contiguous or related parcel of property, specifically identified by separate resolution, which meets one (1) or more of the criteria for designation as listed in § 1101.04.
(c)
HISTORIC SITE
The location of a significant event, a prehistoric or 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 structures and meets one (1) or more of the criteria for designation as listed in § 1101.04.
(d)
HISTORIC OBJECT
A material thing of historic significance for functional, aesthetic cultural, or scientific reasons that may be, by nature or design, movable yet related to a specific setting of environment and meets one (1) or more of the criteria for designation as listed in § 1101.04.
(e)
EXTERIOR ALTERATION
The alteration of exterior architectural features which can
be seen from a public street or way. This shall include projects which
require a building, demolition or sign permit and all exterior improvements,
alterations and renovations which can be accomplished without obtaining
a permit such as change of location of historic object; the kind,
color and texture of building materials; the type and design of all
windows, doors, lights, stair railings, and other fixtures; and the
method of building cleaning.
(f)
CERTIFICATE OF APPROPRIATENESS
Approval by the Historic Review Commission of the City of
Pittsburgh of the appropriateness of any new construction, demolition,
exterior alteration or change of location of a Historic Structure,
or a structure located within a Historic District, or an Historic
Site or an Historic Object, which certification is required prior
to the issuance of a building permit, demolition permit or sign permit
by the Bureau of Building Inspection of the City of Pittsburgh and
other non-permit items as defined by the Guidelines for the Issuance
of Certificates of Appropriateness. The Commission may incorporate
in any Certificate of Appropriateness such conditions as the Commission
may find necessary or desirable to effect the purposes of this resolution.
The Commission may authorize the issuance of a Certificate of Appropriateness
for certain routine kinds of exterior work applications, as specified
by the Commission, without formal review and approval of the Commission
itself.
(g)
GUIDELINES FOR THE ISSUANCE OF CERTIFICATES OF APPROPRIATENESS
FOR REHABILITATION AND NEW CONSTRUCTION IN HISTORIC DISTRICTS
Guidelines which establish standards which the Commission
can utilize in determining the appropriateness of applications. The
Commission shall use the Secretary of the Interior's Standards for
Rehabilitation after a property is nominated for historic designation,
until it develops guidelines specifically for a structure, district,
site, or object, with recommendations from the community. These Guidelines
cover the treatment of all work requiring a building, demolition,
or sign permit, and may cover non-permit projects as defined under
Exterior Alteration. The Guidelines may be amended from time to time
upon affirmative resolution of the Historic Review Commission.
(h)
RELIGIOUS STRUCTURE
Any or all of the following: church, cathedral, mosque, temple,
rectory, convent, or similar structure used as place of religious
worship.
[Ord. 25-1997, effective 8-7-1997; Ord. 6-2003, § 2, eff. 2-25-2003; Ord. No. 27-2008, eff. 1-1-2009]
(a)
The
Council of the City of Pittsburgh may designate Historic Structures,
Historic Districts, Historic Sites and Historic Objects upon request
or upon its own initiative.
(1)
Nomination.
a.
Nomination of an area, property, site, structure, or object for consideration
and designation as a Historic Structure, Historic District, Historic
Site, or Historic Object shall be submitted to the Historic Review
Commission on a form prepared by the Commission, and may be submitted
by any of the following:
1.
The Mayor of the City of Pittsburgh.
2.
A member of the Historic Review Commission.
3.
A member of the City Planning Commission.
4.
A member of the Pittsburgh City Council.
5.
In the case of a nomination as a Historic Structure, Site, or Object,
by the owner of record, or any person presently residing in the City
of Pittsburgh whom has established residency in the City of Pittsburgh
for at least one (1) year prior to nomination.
6.
In the case of a nomination as a Historic District, by community-based
organizations or by any individual, but in either event the nomination
shall be accompanied by a petition signed by the owners of record
of twenty-five (25) percent of the properties within the boundaries
of the proposed District, or by any of the persons named in paragraphs
A through D of this subsection.
7.
Nomination of a religious structure shall only be made by the owner(s)
of record of the religious structure.
b.
Submission of a nomination by a member of the Historic Review Commission,
the City Planning Commission, or the City Council shall not preclude
that member from full participation in the review of the nomination
nor from voting on the recommendation or designation.
(2)
Community Information Process. Preceding submission of a nomination form for a District, the Historic Review Commission shall conduct at least one (1) public information meeting within or near the boundaries of the proposed district, that shall include at least one (1) member of the Department of City Planning and one (1) Commission member, to discuss the possible effects of designation. Notice shall be given to the owners of property in the proposed district in accordance with § 1101.03(b) below. The final public information meeting shall be held no more than six (6) months before the nomination form is submitted.
(b)
Notification
of Nomination and Public Hearing. After submission of a completed
nomination form, the Commission shall give notice by the following
methods:
(1)
Within five (5) business days of the receipt of a nomination of a
Historic Structure, Site, or Object, by mailing such notice to the
property owner of record, tax address, and street address for the
nominated property.
(2)
Within ten (10) business days of receipt of a nomination of a Historic
District, by mailing such notice to each owner of record, tax address,
and street address for every property in the District.
(c)
Effects
of Nomination to the Historic Review Commission.
(1)
a.
No exterior alterations, as defined in § 1101.02(e) shall be undertaken upon a nominated structure, or a structure located within a nominated district, or a nominated site or object, beginning two (2) business days after mailing of the notice of nomination by the Commission until a final determination about the designation has been made by Council, or until the elapse of one hundred twenty (120) days after Council's receipt of the Historic Review Commission and Planning Commission's recommendations, without the review and approval by the Historic Review Commission and the issuance of a Certificate of Appropriateness, as detailed in § 1101.05; provided, however, that no demolition permit shall be issued beginning with the date of receipt of the nomination form.
b.
If the work authorized by the certificate of appropriateness involves
physical improvement which has not been substantially started within
six (6) months after the date of issuance of the Certificate, or subsequent
to the starting thereof, has been discontinued for a period of six
(6) months, no such physical improvement shall be made after such
six (6) month period unless the approval is renewed by the Historic
Review Commission or its staff (depending on the initial issuance).
Such renewal must be requested in writing by the applicant and may
extend for one (1) additional period of six (6) months.
(2)
a.
When the nomination is submitted to the Historic Review Commission, the Commission shall give notice as required in § 1101.03(b) to all involved property owners and shall make a preliminary determination concerning the nomination within forty-five (45) days of the submission of the nomination. The Commission shall decide if there is reasonable cause to determine that the nominated district, structure, site or object will meet the definitions in § 1101.02(a), (b), (c), and (d) of this Chapter. Listing (or eligibility for listing) in the National Register of Historic Places may be considered as evidence of the reasonable cause described above, but it shall not be considered determinative. An affirmative decision of the Commission must be supported by the votes of a majority of the members of the Commission present, and shall be transmitted in writing to the nominator and to the owner(s) of the property(ies) nominated.
b.
The Commission shall conduct a public hearing and take comments from
any party, subject to the rules and procedures adopted by the Commission,
before making its preliminary determination concerning the nomination.
1.
If the Commission deter-mines that reasonable cause exists to determine that the nominated district, structure, site or object will meet the criteria for designation, the restriction against exterior alterations shall continue, in accordance with § 1101.03(c) (1).
2.
If the Commission decides that there is not reasonable cause to determine that a nominated district, structure, site or object will meet the criteria for designation, then the effects of nomination detailed in § 1101.03(c)(1) shall no longer be in effect. The Historic Review Commission shall continue to review the nomination and shall make a recommendation to City Council concerning the proposed designation, as detailed in § 1101.03(e).
(3)
The exceptions to the effects of designation found in § 1101.09 shall apply to nominated structures, structures located within nominated districts, and nominated objects.
(4)
Whoever constructs, reconstructs, moves, alters, or demolishes any nominated structure, any structure located within a nominated district, or any nominated site or object, after the date of the nomination to the Historic Review Commission in violation of this Chapter, shall be punished as provided in § 1101.10.
(d)
Public
Hearing Before the Historic Review Commission.
(1)
The Commission shall schedule a public hearing, held by not less
than four (4) members of the Commission, on the nomination within
three (3) months following receipt of the completed nomination form.
Notice of the time, place and purpose of such hearing shall be given
by the Commission at least fifteen (15) days prior thereto.
(2)
The hearing shall be conducted in accordance with the pertinent section of the Rules and Procedures for the Commission. The Commission shall consider all testimony or evidence relating to the designation criteria in § 1101.04 from any person who makes written submissions or appears at the public hearing. The members of the Commission shall not personally give testimony or present evidence relating to those designation criteria, but may ask questions or make comments concerning any evidence or testimony given or presented by others. The staff of the Department of City Planning shall be requested to provide testimony or evidence and make a recommendation relating to the designation to the Commission.
a.
The owner of any nominated Landmark or of property within a nominated
District shall be afforded notice of any hearing of the Historic Review
Commission and an opportunity to be heard at said hearing. All testimony
may be stenographically recorded and a full and complete record may
be kept of the proceedings. In the event all testimony is not stenographically
recorded and a full and complete record of the proceedings is not
provided by the Historic Review Commission, such testimony shall be
stenographically recorded and a full and complete record of the proceedings
shall be kept at the request of any person or group agreeing to pay
the costs thereof.
b.
The Historic Review Commission shall not be bound by technical rules
of evidence, and all relevant evidence of reasonably probative value
may be received. The owner of any nominated Landmark shall be afforded
the opportunity for reasonable examination and cross-examination of
witnesses at public hearings on said nomination. In the event that
the nomination involves a Historic District designation, a representative
of each side of the nomination debate shall be chosen by the property
owners for examination and cross-examination of witnesses.
c.
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 served upon the owner of any nominated Landmark or of
property within a nominated District, or their counsel personally,
or by mail.
(e)
(1)
Nomination of an area, property, site structure, or object for consideration and designation as a Historic Structure, Historic District, Historic Site or Historic Object may be withdrawn by its nominator(s), provided such withdrawal is filed in writing with the Historic Review Commission prior to the vote of the Commission on its recommendation to City Council, as described in § 1101.03(f).
(2)
In the event that the nominator(s) withdraw(s) the nomination of a Historic Structure, Historic District, Historic Site or Historic Object, any qualified individual or organization, as provided for in § 1101.03(a)(1)a., may intervene as the nominator of record by filing a written notice with the Historic Review Commission prior to the vote of the Commission on its recommendation to City Council, as described in § 1101.03(f).
(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 Pittsburgh.
(h)
The
Historic Review Commission and the City Planning Commission shall
transmit their recommendations to City Council within five (5) months
of the date of the nomination. In the event that said recommendations
are not transmitted to Council by that time, Council shall proceed
to consider the nomination without said recommendations.
(i)
(1)
Prior to making any determination, Council shall conduct a Public
Hearing, for the purpose of giving property owners, tenants, and community
residents, the right to appear and be heard in person or to be represented
by counsel, as to the appropriateness of designation. Any other person
or organization, interested in said designation, may also be heard
at the hearing.
(2)
Public notice of the time, place and purpose of the public hearing by City Council shall be given at least fifteen (15) days prior thereto, in accordance with § 1101.03(i)(3).
a.
The owner of any nominated Landmark or of property within a nominated
District shall be afforded notice of the public hearing personally
or by mail.
b.
The owner of any nominated Landmark or of property within a nominated District shall be afforded a reasonable opportunity to be heard at the public hearing, and a reasonable opportunity for examination and cross-examination of witnesses, as set forth in § 1101.03(d)(2)b.
c.
All testimony may be steno-graphically recorded and a full and complete
record may be kept of the proceedings. In the event all testimony
is not stenographically recorded and a full and complete record of
the proceedings is not provided by City Council, such testimony shall
be stenographically recorded and a full and complete record of the
proceedings shall be kept at the request of any person or group agreeing
to pay the costs thereof.
d.
Upon an affirmative vote of City Council designating a historic landmark
or historic district, the reasons for said designation shall be placed
in writing and served upon the owner(s) of any nominated Landmark
or of property within a nominated District, or their counsel, personally
or by mail.
(Note: Council may adopt the findings of the Historic Review
Commission rather than making their own findings.)
(3)
Upon notification from City Council of the scheduled date for the
public hearing, the chairperson of the Historic Review Commission
shall notify the Department of City Planning, who shall publicize
the notice of the hearing:
(4)
City Council shall vote on the designation of a nominated district,
structure, site or object within one hundred twenty (120) days of
Council's receipt of the recommendations of the Historic Review Commission
and the City Planning Commission.
(j)
(1)
The designation of a nominated district, structure, site or object
shall require the affirmative vote of six (6) members of Council if
either the Historic Review Commission or the City Planning Commission
(or both) recommends against designation. The lack of a recommendation
from either Commission shall not be considered as a recommendation
that Council either designate or not designate the nominated district,
structure, site or object.
(2)
The designation of a nominated structure, site, or object shall require
the affirmative vote of six (6) members of Council if the owner of
record of the property has submitted to Council his or her written
and signed opposition to the designation of the property.
(3)
Where Council fails to render its decision within the period required
by this subsection, or fails to hold the required public hearing within
one hundred twenty (120) days from the date of the Historic Review
Commission and the Planning Commission's recommendations, the failure
of Council to act shall be a deemed approval if both the Historic
Review Commission and the Planning Commission gave affirmative recommendations
for the historic designation.
(4)
If the proposed historic designation received a negative recommendation
from either the Historic Review Commission or the Planning Commission,
then the failure of City Council to act will be a deemed denial.
(5)
If the proposed historic designation did not receive any recommendation
from the Historic Review Commission or the Planning Commission, then
the failure of City Council to act will be a deemed denial.
(k)
The Historic Review Commission shall not reconsider a proposed designation within five (5) years of its previous nomination unless petitioned to do so by the owners of at least fifty-one (51) percent of the lots of record being nominated, or unless the previous nomination was withdrawn by its nominator(s) in accordance with § 1101.03(e). The Historic Review Commission shall not consider a proposed amendment or rescission of designation within one (1) year of its previous designation. The restrictions of this paragraph shall not apply to deemed denials under § 1101.03(j)(4)-(5).
(l)
Any
historic structures or historic districts designated by City Council
in previous Ordinances and Resolutions are hereby designated as historic
structures or districts under the provisions of this resolution.
[Ord. 25-1997, effective 8-7-1997]
(a)
Minimum
Criteria for Designation. Every nominated Structure, District, Site,
or Object must meet one (1) or more of the specified criteria for
designation within each appropriate category of the following criteria
for designation.
(b)
Designation
of Historic Structures, Historic Districts, Historic Sites, and Historic
Objects. The 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.
(1)
Its location as a site of a significant historic or prehistoric event
or activity;
(2)
Its identification with a person or persons who significantly contributed
to the cultural, historic, architectural, archaeological, or related
aspect of the development of the City of Pittsburgh, State of Pennsylvania,
Mid-Atlantic region, or the United States;
(3)
Its exemplification of an architectural type, style or design distinguished
by innovation, rarity, uniqueness, or overall quality of design, detail,
materials, or craftsmanship;
(4)
Its identification as the work of an architect, designer, engineer,
or builder whose individual work is significant in the history or
development of the City of Pittsburgh, the State of Pennsylvania,
the Mid-Atlantic region, or the United States;
(5)
Its exemplification of important planning and urban design techniques
distinguished by innovation, rarity, uniqueness or overall quality
of design or detail;
(6)
Its location as a site of an important archaeological resource;
(7)
Its association with important cultural or social aspects or events
in the history of the City of Pittsburgh, the State of Pennsylvania,
the Mid-Atlantic region, or the United States;
(8)
Its exemplification of a pattern of neighborhood development or settlement
significant to the cultural history or traditions of the City, whose
components may lack individual distinction.
(9)
Its representation of a cultural, historic, architectural, archaeological
or related theme expressed through distinctive areas, properties,
sites, structures or objects that may or may not be contiguous; or
(10)
Its unique location or distinctive physical appearance or presence
representing an established and familiar visual feature of a neighborhood,
community, or the City of Pittsburgh.
(c)
Integrity
of Historic Structures, Historic Districts, Historic Sites, and Historic
Objects. Any area, property, site, structure or object that meets
any one (1) or more of the criteria listed above shall also have sufficient
integrity of location, design, materials and workmanship to make it
worthy of preservation or restoration.
[Ord. 25-1997, effective 8-7-1997]
(a)
No Exterior Alterations as defined in § 1101.02(e) or change of location of an Historic Object, shall be undertaken upon a Historic Structure or upon a structure located within a Historic District or upon a Historic Site or upon a Historic Object without the review of the Historic Review Commission or the authorized approval of certain routine kinds of exterior work specified by the Commission without the formal review and approval of the Commission itself, and issuance of a Certificate of Appropriateness.
(b)
When
an application for a building permit, demolition permit or sign permit
involving new construction or the exterior alteration of a Historic
Structure or a structure located within a Historic District or a Historic
Site or a Historic Object is received by the Bureau of Building Inspection,
the Bureau of Building Inspection shall notify the Historic Review
Commission for approval prior to issuing a building permit or demolition
permit or sign permit.
(c)
The Historic Review Commission may seek recommendations from the community, and shall meet and make a determination, at the first available meeting, concerning the appropriateness of each Certificate of Appropriateness application, taking into consideration the criteria for evaluation contained in § 1101.08 herein, except in the case of those applications for which the Commission has authorized the routine approval, without its formal review of the appropriateness of the application. Notice and the time and date of such meeting shall be given to the applicant for the requested certificate at least seven (7) days prior to the date of such meeting to allow the applicant to appear and present testimony in support of the request. Failure on the part of the Historic Review Commission to take action within sixty (60) days of the monthly meeting where the Historic Review Commission first considers the application shall be deemed to be a determination of approval of the appropriateness of the request. In the event of its disapproval, the Historic Review Commission shall indicate what changes in the plans and specifications would meet its conditions for protecting the distinctive character of the district, structure, site or object.
[Ord. 25-1997, effective 8-7-1997]
(a)
Application.
(b)
Standard
to Be Applied.
(1)
Exterior Alterations Other Than Demolition, New Construction, Additions,
and Relocation. The Commission shall only approve an application for
a Certificate of Economic Hardship upon determination that the denial
of the Certificate of Appropriateness for alterations has resulted
in substantial hardship to the property owner.
(2)
Demolition, New Construction, Additions, and Relocation. The Commission
shall only approve an application for a Certificate of Economic Hardship
upon a determination that the denial of the Certificate of Appropriateness,
except in the case involving a Certificate of Appropriateness for
alteration, has resulted in the denial of all reasonable use of and/or
return from the property.
(3)
The Commission may provide for further explanation of the applicable
standards in its Rules and Procedures.
(c)
Consideration
of Evidence. In applying this standard, the Commission shall consider
among other things any evidence presented concerning the following:
(1)
Any estimates of the cost of the proposed alteration, construction,
demolition or relocation and an estimate of any additional cost that
would be incurred to comply with the recommendations of the Commission
for changes necessary for it to be approved.
(2)
Any opinions from a licensed engineer or architect with experience
in renovation, restoration or rehabilitation as to the structural
soundness of any structures or objects on the property and their suitability
for continued use, renovation, restoration or rehabilitation.
(3)
Any estimates of the market value of the property in its current
condition; after completion of the proposed alteration, construction,
demolition, or relocation; after any expenditures necessary to comply
with the recommendations of the Commission for changes necessary for
it to approve a Certificate of Appropriateness; and in the case of
a proposed demolition, after renovation of the existing property for
continued use.
(4)
In the case of a proposed demolition, any estimates from architects,
developers, real estate consultants, appraisers, or other real estate
professionals experienced in rehabilitation as to the economic feasibility
of restoration, renovation or rehabilitation of any existing structures
or objects.
(5)
Any and all applicable zoning provisions, the possibility of modifications
to zoning provisions and incentives available to the applicant.
(d)
(1)
Information to be supplied by applicant for alterations other than
demolition, new construction, additions, and relocation:
The applicant shall submit by affidavit the following information:
a.
Estimate of the cost of the proposed alteration and an estimate of
any additional cost that would be incurred to comply with the recommendations
of the Commission for changes necessary for it to approve a Certificate
of Appropriateness.
b.
Any other information, documentation or evidence as the Commission determines to be necessary to its application of the standard in § 1101.06(b).
(2)
Information to be supplied by applicant for demolition, new construction,
additions, and relocation:
The applicant shall submit by affidavit the following information:
a.
The assessed value of the property for the two (2) most recent assessments.
b.
Real property taxes for the previous two (2) years.
c.
The amount paid for the property by the owner, the date of purchase
and the party from whom purchased, including a description of the
relationship, if any, between the owner and the person from whom the
property was purchased.
d.
The current balance of any mortgages or any other financing secured
by the property, and the annual debt service, if any, for the previous
two (2) years.
e.
All appraisals obtained within the previous two (2) years by the
owner or applicant in connection with purchase, offerings for sale,
financing or ownership of the property.
f.
All listings of the property for sale or rent, price asked and offers
received, if any, within the previous four (4) years.
g.
All studies commissioned by the owner as to profitable renovation,
rehabilitation or utilization of any structures or objects on the
property for alternative use.
h.
For income producing property, itemized income and expense statements
from the property for the previous two (2) years.
i.
Estimate of the cost of the proposed construction, demolition or
relocation and an estimate of any additional cost that would be incurred
to comply with the recommendations of the Commission for changes necessary
for it to approve a Certificate of Appropriateness.
j.
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture or other.
k.
Any other information, documentation or evidence as the Commission determines to be necessary to its application of the standard in § 1101.06(b).
l.
Tax status of owner as for-profit or not-for-profit.
(e)
Failure
by Applicant to Submit Requested Information. In the event that any
of the information required to be submitted by the applicant is not
reasonably available, the applicant shall file with the affidavit
a statement of the information that cannot be obtained and shall describe
the reasons why such information is unavailable.
(f)
Public
Hearing.
(1)
The Commission shall hold a public hearing on the application for
Certificate of Economic Hardship within sixty (60) days following
receipt of the completed application form.
(2)
Notice of the time and place of the public hearing shall also state
the general nature of the question involved, and shall be given not
less than ten (10) days prior to the date of such hearing by the following
methods:
a.
By the display of not less than one (1) poster on each street frontage
of the affected property;
b.
By mailing of notification to the owners of all property abutting
and all property directly opposite the Historic Structure or structures
or objects in a Historic District.
c.
By mailing a notice thereof to every association of residents or
owners who have registered an association name with the Commission
for this purpose and whose membership is located within the nominated
District, or whose membership is located in property abutting or property
directly opposite the Historic Structure or structures or objects
in a Historic District.
(3)
The hearing shall be conducted in accordance with the pertinent section
of the Rules and Procedures of the Commission.
(4)
No member of the Commission absent from the entire hearing shall
be eligible to vote on any matter which is the subject of the hearing
until such member is provided with copies, transcripts or tapes of
all testimony and evidence presented.
(g)
Determination
by the Commission. The determination by the Commission whether the
denial of the Certificate of Appropriateness has or has not resulted
in the denial of all reasonable use of and return from the property
or in substantial hardship to the owner shall be made within forty-five
(45) days following close of the public hearing and submission of
all information, documentation or evidence requested by the Commission.
The determination shall be accompanied by findings of fact and a report
stating the reasons for the decision.
(h)
Disapproval
by Commission. If the determination of the Commission is to disapprove
the application for a Certificate of Economic Hardship, the applicant
shall be notified within five (5) business days. The notice shall
include a copy of the findings of fact and report.
(i)
Determination
of Economic Hardship.
If the determination of the Commission is that the denial of
the Certificate of Appropriateness has resulted in the denial of all
reasonable use of and return from the property or in substantial hardship
to the owner, the Commission shall consult with the Director of the
Department of City Planning to provide incentives that may include,
but not be limited to, property tax relief, loans or grants from the
City of Pittsburgh or other public or private sources, acquisition
by purchase, building and safety code modifications to reduce cost
of maintenance, restoration, rehabilitation or renovation, changes
in applicable zoning regulations including a transfer of development
rights. The Historic Review Commission may at its discretion permit
variations from the provisions of this Chapter and its design guidelines
in conjunction with these incentives.
The Director of the Department of City Planning, in consultation
with the Urban Redevelopment Authority and other City departments
and agencies, shall provide for an Incentive Plan to relieve the economic
hardship found by the Commission within sixty (60) days of the Commission's
decision.
(j)
Issuance
of Certificate of Economic Hardship. If no Incentive Plan is provided
by the Director of the Department of City Planning within sixty (60)
days following the Commission's decision finding economic hardship,
the Commission shall issue a Certificate of Economic Hardship to the
applicant within five (5) business days. The Certificate of Economic
Hardship shall be valid for a period of six (6) months from issuance
by the Commission.
Upon receipt of the Certificate of Economic Hardship the applicant
can apply to the Land Use Control Division of the Department of City
Planning and the Bureau of Building Inspection to obtain necessary
permits, if any.
[Ord. 25-1997, effective 8-7-1997]
(a)
Historic
Review Commission is hereby established, and the same shall consist
of seven (7) citizen members, each of whom shall reside in the City
of Pittsburgh. The membership positions shall be filled by appointment
by the Mayor and approved by City Council. The positions shall be
filled as follows:
(1)
One (1) member shall be a professional preservationist or an architectural
historian active with a broad-based local organization involved with
historic preservation and/or history;
(2)
One member shall be an architect who has been selected from a list
of individuals recommended by appropriate professional societies;
(3)
One member shall be appointed from the Department of City Planning;
one (1) member shall be appointed from the Bureau of Building Inspection;
and one (1) member shall be filled by the Mayor from the membership
of the Greater Pittsburgh Board of Realtors and this representative
shall be selected to fairly represent the viewpoints of the Real Estate
sales community.
(4)
Two (2) membership positions shall be filled by the Mayor by appointing
any two (2) citizens who have demonstrated an outstanding interest
and/or knowledge of historic preservation and restoration in the City
of Pittsburgh.
(b)
The
responsibilities of the Historic Review Commission shall be to:
(1)
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.
(2)
Review all demolition permit, building permit and sign permit applications involving new construction or exterior alteration of Historic Structures or structures in Historic Districts or Historic Sites or Historic Objects and make determinations concerning the appropriateness of the work proposed in such permit applications. The Commission shall also review all proposed exterior alterations as defined in § 1101.02(e), that do not require a building permit, as outlined in the guidelines for the Issuance of Certificates of Appropriateness as defined in § 1101.02(g). The Commission may authorize the issuance of a Certificate of Appropriateness for certain routine kinds of exterior work applications, as specified by the Commission, without the formal review and approval of the Commission itself.
(3)
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.
(4)
Seek recommendations from community groups on decisions involving
applications for Certificates of Appropriateness in the respective
districts.
(5)
Carry on educational activities in furtherance of the purpose of
this Chapter.
(6)
Act in an advisory role to City departments and agencies related
to preservation matters.
(7)
Act as a catalyst to expedite the flow of projects through departments
and agencies.
(8)
Facilitate the redevelopment of historic structures and districts
in accordance with approved development plans of the city.
(9)
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.
(10)
Act as a liaison behalf of the City with State 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.
(11)
Prepare plans for the conservation and development of historic resources.
(12)
Undertake or encourage and facilitate the documentation of the architecture
and history of the City's historic resources.
(c)
Terms.
(1)
After initial staggered terms of two (2) members for one (1) year,
two (2) members for two (2) years, and three (3) members for three
(3) years, each Commission member shall serve a three-year term of
office. Any appointed member of the Commission may be removed from
office by the Mayor only 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.
(2)
The current members of the Historic Review Commission, appointed
by the Mayor under Ordinance 20 of 1979, shall serve out their terms
of office. In addition, every member of the Commission shall continue
in office after expiration of his term until his successor shall have
been duly appointed.
(d)
Officers.
The Mayor shall appoint the Chairman of the Commission who shall be
responsible for calling all meetings within the prescribed time limitations
as set forth in this resolution. The Vice Chairman, Secretary and
any other officers of the HRC shall be elected by the Commission.
The secretary shall keep the minutes of the meetings and a permanent
record of all resolutions, motions, transactions and determinations.
(e)
Meetings.
An official meeting of the Historic Review Commission cannot be called
to order without the establishment of a quorum of four (4) Commission
members. All members of the HRC shall be entitled to vote and the
decision of the Commission shall be determined by a majority vote
of the Historic Review Commission members present at the meeting.
[Ord. 25-1997, effective 8-7-1997]
The Commission shall consider the following factors when reviewing
proposed exterior alterations:
(a)
The
extent to which the proposal will promote the general welfare of the
City and all of its citizens.
(b)
The
extent to which the proposal will preserve or protect the historic
architectural nature of the defined district, structure, or site.
(c)
Exterior
architectural features, including all signs which are subject to public
view from a public street, way or place.
(d)
General
design and arrangement.
(e)
Texture,
material and color.
(g)
The
appropriateness of the proposal when reviewed in light of the Guidelines
for the Issuance of Certificates of Appropriateness developed by the
Historic Review Commission.
(h)
Alterations
as they may impact upon the fire protection and life safety of the
affected structure consistent with the Fire and Building Codes.
[Ord. 25-1997, effective 8-7-1997]
(a)
The
limitations upon the issuance of demolition or building permits in
any Historic District or for any Historic Structure, any Historic
Site or Historic Object, shall not apply when the work involved in
the permit has been ordered by the Bureau of Building Inspection or
the Allegheny County Health Department for the preservation of the
public health or safety.
(b)
If
the Allegheny County Health Department or the Bureau of Building Inspection
has ordered work on or the demolition of a Historic Structure or a
structure located within a Historic District, or a Historic Site or
a Historic Object, the Historic Review Commission shall be notified
of the proposed work or demolition. If the Historic Review Commission
disagrees with the plan of either agency, the Commission shall have
the right to delay the proposal ninety (90) days by submitting a delay
request. During the delay period, the Commission may develop alternative
plans for consideration. If after ninety (90) days no such alternative
plans can be developed, the proposed work or demolition may proceed
as ordered.
[Ord. 25-1997, effective 8-7-1997]
[Ord. 25-1997, effective 8-7-1997]
City Council may, by ordinance, amend, supplement, or change
this Chapter after requesting and receiving recommendations from the
Historic Review Commission and the City Planning Commission upon such
amendments and after conducting a public hearing.
