[HISTORY: Adopted by the Borough Council
of the Borough of Media 4-1-1975 by Ord. No. 638-B.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See
Ch. 119.
Construction codes — See Ch. 137.
Zoning — See Ch. 311.
[1]
Editor's Note: This ordinance was ratified
4-17-2008 by Ord. No. 1044.
In order to preserve the distinctive character
of the Borough of Media and to recall its rich architectural heritage
as well as to promote the general welfare, education and culture of
the community, the Council of the Borough of Media intends, by this
chapter, to establish certain locations within the Borough, each to
be an historic district within the meaning of the law, in order to
preserve the distinctive character of the land and the buildings thereon.
A.
The limits of the historical districts shall be as
indicated below. It shall be the responsibility of the Board of Historical
Architectural Review to prepare the metes and bounds description of
each of the listed districts and to certify the descriptions, filing
the same with the Secretary of the Borough of Media, which shall be
attached and made part of this chapter. The historic districts shall
be three in number or shall, by amendment to this chapter, be designated
and are designated as follows:
(1)
The Court House Square District: generally extending
from Olive Street to Orange Street and from Second Street to Jasper
Street.
(2)
The Lemon Street District: generally from midway between
Orange Street and Lemon Street to approximately 65 feet west of Lemon
Street, and from Front Street to Baker Street, enlarging to a distance
of approximately 206 feet west of Lemon Street between State Street
and Baker Street.
(3)
The Providence Friends' Meeting House District: generally
extending from Front Street to Second Street and from Providence Road
to Haldeman Street and east of Providence Road from Front Street to
a point on the easterly side of Providence Road approximately 231
feet north of Front Street and extending to the east approximately
272 feet.
[Amended 5-15-2008 by Ord. No.
1046]
No person shall erect any building or reconstruct,
alter, restore, demolish or raze any exterior architectural features
of a building which can be seen from a public street, in whole or
in part, within the historic districts of the Borough of Media until
a certificate of appropriateness has been received by the applicant
from the Council of the Borough of Media.
[Amended 5-15-2008 by Ord. No.
1046]
A.
No person shall commence any work regulated by this
chapter without first filing an application for a certificate of appropriateness
with the Borough Building Inspector and obtaining a certificate of
appropriateness from the Borough Council.
B.
Any person applying for a certificate of appropriateness
within an historic district shall present plans therefor to the Board
of Historical Architectural Review, which Board shall conduct a meeting
with the applicant therefor within 30 days of the application for
a certificate of appropriateness. Notice of the time and place of
such meeting shall be given by the Secretary of the Borough of Media
to the applicant.
C.
The Board of Architectural Review shall, after meeting and considering the plans, advise the Council of the Borough of Media according to § 183-5 herein.
D.
Prior to the issuance of a certificate of appropriateness,
the Council of the Borough of Media, after reviewing the advice of
the Board of Architectural Review, shall thereupon determine whether
or not erection of the new buildings or structures on the site or
the reconstruction, alteration, restoration, demolition or razing
of a building, in whole or in part, shall have an adverse effect upon
the general historic and architectural nature of the district. The
Council shall pass upon the appropriateness of the exterior architectural
features which can be seen from a public way only. It shall consider
the general design, arrangements, texture, material and color of the
building or structure and the relation of such factors to similar
features of buildings and structures in the district. The Council
shall not consider any matters not pertinent to the preservation of
the historic aspect and nature of the district. No certificate of
appropriateness shall be denied where an unnecessary hardship shall
result to the property owner.
E.
Upon giving the approval, the Council of the Borough
of Media shall issue a certificate of appropriateness authorizing
the erection, reconstruction, alteration, restoration, demolition
or razing of the building in whole or in part.
F.
Should the Council disapprove the application, such
disapproval shall be in writing, giving the reasons therefor, and
a copy thereof shall be given to the applicant and to the Pennsylvania
Historical and Museum Commission.
A.
The Council of the Borough of Media, at the effective
date of this chapter, shall appoint or confirm the members of the
Board of Historical Architectural Review, composed of seven members,
for terms not to exceed four years.
B.
The qualifications of those persons appointed are
that one member shall be a qualified architect, one member shall be
a professional artist or a person with recognized artistic talent,
one member shall be a person experienced in the business of real estate
transactions and one member shall be a person experienced in the building
trade or building inspection. At least four members of the Commission
shall be residents of the Borough of Media.
C.
Any member may be removed from office for cause by
a majority vote of the Council of the Borough of Media.
D.
The Board may establish rules and regulations consistent
with this chapter and the laws of the Commonwealth of Pennsylvania
for the enforcement of this chapter.
E.
The Board shall render its advice and counsel and
indicate its opinion, in writing, submitting the same to the Council
of the Borough of Media within 30 days after receiving plans for review.
(1)
The report of the Board shall contain the following
information:
(a)
The location of the area in which the work is
to be done.
(b)
The exterior changes to be made or the exterior
characteristics 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 the exterior architectural
nature of the district.
(f)
The general design, arrangement, texture, material
and color of the building or structure and the relationship of such
factors to similar features of buildings or structures in the district
and surrounding the district.
(g)
The opinion of the Board (including any dissent
as to the appropriateness of the work proposed as it will preserve
or destroy these historic aspects and the nature of the district).
(h)
The opinion of the Board as to whether the application
to raze any structure or erect a new structure will create any unnecessary
hardship to the owner.
(i)
Specific advice of the Board as to the issuance
or refusal by the Council of the Borough of Media to issue a certificate
of appropriateness.
(2)
Should the Board recommend nonissuance of a certificate
of appropriateness, the applicant may resubmit the plans for reconsideration
by the Board, after which the Board shall have 30 additional days
to submit its recommendation to the Council of the Borough of Media.
During such time of reconsideration prior to the issuance of a recommendation
by the Board to the Council of the Borough of Media, the applicant
shall not perform any exterior work that is visible from a public
way.
[Amended 5-15-2008 by Ord. No.
1046]
Immediately upon the adoption of this chapter,
the Secretary of the Borough of Media shall forward a copy thereof
to the Pennsylvania Historical and Museum Commission. This chapter
shall not take effect until the Commission has certified, by resolution,
to the historical significance of the buildings and sites which are
defined as the Media historical districts.
[Amended 5-15-2008 by Ord. No.
1046]
Upon receipt of the written disapproval of the
Council of the Borough of Media of the request for a certificate of
appropriateness, the applicant may appeal from the disapproval to
the Court of Common Pleas within the time specified by law.
This chapter shall be enforced in the same manner and to the same degree as the enforcement provisions provide in Chapter 137, Construction Codes, Uniform, of the Code of the Borough of Media, as is presently enacted or as may, from time to time, be amended.
