[Adopted 8-26-2014 by Ord. No. 13-2014]
It is the purpose of this article to:
A. Protect and preserve historic buildings, structures and areas within
the Historic District that represent distinctive elements of the City's
cultural, social, economic, political and architectural history;
B. Safeguard the specific architectural features of historic structures,
including design, materials, textures, and method of construction,
that define their unique character and reflect historical architectural
styles;
C. Assure that exterior alterations visible from a public way protect
and enhance the historic character of existing structures;
D. Ensure that the architectural elements of new construction are compatible
with the primary architectural characteristics of existing adjoining
and nearby structures; and
E. Provide property owners with an effective tool to preserve the historic
character of their neighborhoods.
For the purpose of this article, all words used in the present
tense include the future tense. All words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the word clearly
indicates otherwise. The masculine gender includes the feminine and
neuter genders, and the feminine gender includes the masculine and
neuter genders. The word "shall" is mandatory. The word "used" includes
"designated," "intended," "built," or "arranged to be used." Words
not defined below shall have the meanings given in the most recent
edition of Webster's Unabridged Dictionary.
ADDITION
A building or part thereof constructed on the same lot as
an existing building and which is an expansion of the volume of the
existing building.
ALTERATION
Any visual or physical change to the exterior of a building
or structure, including the repair, replacement, or installation of
any exterior structural, decorative or accessory element, feature,
or appurtenance.
APPURTENANCE
A subordinate component or structural feature erected on
a lot, or attached or affixed to a principal structure.
AREA
A geographically definable area comprised of one block face,
or one side of a public right-of-way located between the intersection
of public rights-of-way and/or alleys which possesses a significant
concentration, linkage or continuity of buildings or structures united
by past events or aesthetically by plan or physical development which
may also comprise individual elements separated geographically but
thematically linked by association or history.
AUTHORIZED AGENT
An individual granted written permission by a property owner
to file an application on his or her behalf and to represent the owner
at public meetings.
BUILDING
A structure, enclosed and isolated by exterior walls and
roof and attached or placed with the intent of permanence to the land,
including principal and accessory buildings.
BUILDING OFFICIAL
A municipal employee of or individual retained by the City
designated as the individual who enforces compliance of the City of
Lancaster Building Code and Property Maintenance Code and issues permits
for the construction, alteration, repair or demolition of all or part
of any building or structure within the municipality, including a
qualified person designated by the Building Official to perform such
functions as delegated by this article to the Building Official.
BUILDING PERMIT
An approval document signed by the Building Official authorizing
the construction, alteration, repair or demolition of all or part
of any building or structure.
BUILDING PERMIT APPLICATION
The document filed by a property owner or authorized agent
with the Building Official requesting authorization to construct,
alter or demolish all or part of any building or structure.
CERTIFICATE OF APPROPRIATENESS
The approval authorized by the City Council, which certifies
to the historical appropriateness of a particular request for the
construction, erection, reconstruction, alteration, repair, restoration,
or demolition of all or part of any building or structure within the
Historic District.
CHARACTER-DEFINING
Architectural design, materials, details, forms, workmanship,
or components that are important elements reflecting the distinctive
design or physical characteristics of the original historical building
or structure. In certain instances, alterations or additions occurring
more than 50 years ago may acquire historical significance and be
considered character-defining elements as well; for example, a Victorian
porch added to a Federal-style building.
COMPLETED APPLICATION
An application for a certificate of appropriateness that
conforms to submittal requirements for HARB review.
CONSTRUCTION
The erection, assembling, or building from components or
materials of a new building or structure or part thereof, including
the extension in height or area of an existing building or structure,
the introduction of new elements or additions to existing buildings
and structures, and the reconstruction or restoration of a demolished
or destroyed building or structure or part thereof.
COUNCIL'S CONSIDERATION
The review and deliberation by the City Council at a public
meeting of either a City Council Committee or full City Council of
an application or matter requiring formal City Council action.
DEMOLITION
The dismantling, permanent removal, tearing down or razing
of a building or structure, in whole or in part.
DEMOLITION BY NEGLECT
The absence of routine maintenance and repair which leads
to a building's or structure's structural weakness, decay
and deterioration to the point where the building/structure meets
criteria for condemnation.
HERITAGE CONSERVATION DISTRICT
That geographic area of the City of Lancaster, identified
and delineated by the City Council, pursuant to Section 2, Pennsylvania
Act 167-1961, as amended, adopted by Ordinance No. 6-1999, as amended,
and certified by the Pennsylvania Historical and Museum Commission
on February 16, 2000.
HISTORICAL ARCHITECTURAL REVIEW BOARD (HARB)
The official review board first appointed by the City Council
pursuant to Ordinance No. 41-1967, as amended, which is charged with
the responsibility to recommend to the City Council, following deliberations
at public meetings, the approval, approval with conditions, or denial
of certificates of appropriateness for regulated construction, reconstruction,
alteration, repair, restoration or demolition activity.
HISTORICAL COMMISSION
The official review board appointed by the City Council pursuant
to Ordinance No. 6-1999, as amended, which is charged with the responsibility
to recommend to the City Council, following deliberations at public
meetings, the approval, approval with conditions, or denial of certificates
of appropriateness for regulated demolition or construction activities
within the Heritage Conservation District.
HISTORIC PRESERVATION SPECIALIST
A municipal employee or individual retained by the City meeting
the professional and educational qualifications of 36 CFR 61, as required
by the Certified Local Government Program, and designated as the individual
responsible for advising the HARB and Historical Commission and applicants/property
owners regarding regulated activities within the Historic District
and Heritage Conservation District.
LANCASTER HISTORIC DISTRICT
That geographic area of the City of Lancaster created by City of Lancaster Ordinance No. 41-1967, as amended, (City of Lancaster Code Chapter
155, Article
I, originally codified at Article 1763) wherein any and all changes to buildings or structures, or parts thereof, visible from a public right-of-way are subject to review and approval in accordance with the provisions of this article.
MAINTENANCE
Work that does not alter the exterior fabric or features
of a building or structure and has no material effect on the historical,
architectural or cultural significance of a building or structure.
NATIONAL REGISTER OF HISTORIC PLACES
The federal listing, administered by the United States Department
of the Interior, of districts, sites, buildings, structures and objects
significant in American history and culture for their architecture,
archaeology, contribution to the broad patterns of history, or association
with lives of persons significant in the nation's past.
PLOT PLAN
A drawing or map, drawn to scale, showing existing and proposed
buildings and structures and other improvements.
PRESERVATION
Actions taken to prevent the decay or degradation of a structure.
PRINCIPAL STRUCTURE
Building or structure in which has been, is, or will be conducted
the principal, or primary, use or uses of a lot. More than one principal
structure may exist on a lot; for example, an office and a separate
fabrication shop.
PROPERTY OWNER
The owner of record of a property, including the owner of
a condominium unit.
PUBLIC ALLEY
A minor right-of-way which is used primarily for vehicular
or pedestrian access from a public street to the side or rear of properties
and which is included in the Official City (Street) Plan.
PUBLIC RIGHT-OF-WAY
Any land dedicated to public use or passage, including streets,
alleys, and pedestrian rights-of-way placed on the Official City (Street)
Plan.
RECONSTRUCTION
The rebuilding or reassembling of a building, structure or
part thereof that previously has been demolished or destroyed. Reconstruction
may or may not replicate the building or component being rebuilt.
REGULATED ACTIVITY
Any activity requiring review and recommendation by the HARB
and approval by the City Council for the issuance of a certificate
of appropriateness or administrative approval in the Historic District.
REPAIR
The process of rehabilitation that warrants additional work
beyond maintenance. Repair includes, but is not limited to, patching,
piecing in, splicing, consolidating or otherwise reinforcing materials.
REPLACEMENT
To install materials or components in place of existing materials
or components, such as removing existing windows or doors and installing
other windows or doors. "In-kind replacement" means that the replacement
materials or components shall be of the same design, material, texture,
color, and other visual qualities as the element to be replaced.
RESTORATION
The process of accurately recovering the form and details
of a building or structure as it appeared at a specific period of
time by means of removal of later work or by the replacement of work
missing from that specific period.
SECRETARY OF THE INTERIOR'S STANDARDS
Federal standards developed by the United States Department
of the Interior to guide work undertaken on buildings listed in or
eligible for listing in the National Register of Historic Places.
Separate standards exist for acquisition, protection, stabilization,
preservation, rehabilitation, restoration, and reconstruction.
SETBACK
The distance from a property line of a lot or parcel to the
principal or secondary facade of a building or edge of a structure.
SIGN PERMIT
A permit issued by the City of Lancaster Zoning Officer for
signs regulated by the Zoning Ordinance of the City of Lancaster,
as amended.
STORM DOOR
A secondary door mounted outside an existing outside door
for protection against severe weather.
STORM WINDOW
A secondary sash placed over an existing window as a protection
against severe weather.
STREETSCAPE
The overall view of a public street and its component elements,
including the street, sidewalk, buildings, street signs and furnishings,
and landscaping, and also including the relationships of building
setbacks, rhythms, heights, shapes, spacing, and textures that give
the public street or neighborhood its distinctive visual character.
STRUCTURE
Any man-made object, including but not limited to, buildings,
appurtenances, and paving having a stationary location, whether or
not affixed to the land or to an existing building or structure. Examples
include but are not limited to heating/cooling units, telecommunication
equipment, fences, swimming pools, recreational apparatus, gazebos,
animal shelters, vending machines, and advertisement distribution
boxes.
USE
The specific purpose for which land, structure, building,
or a unit within a structure or building is arranged, designed, intended,
occupied or maintained.
When a claim of unreasonable economic hardship is made due to
the effect of this article, the property owner must prove that he
cannot realize a reasonable return on the property. The public benefits
obtained from retaining the cultural resource must be analyzed and
duly considered by the City Council.
A. Recommended denial of demolition application. When the applicant
desires to make a claim of unreasonable economic hardship due to the
recommendation of the HARB, the owner of record must file with the
City Clerk 14 days prior to the Council's consideration of the
application sufficient evidence to prove that the HARB's recommendation
will prevent him or her from obtaining a reasonable return or a reasonable
beneficial use from the property. The property owner shall submit
to the City Council the following information, if applicable:
(1) Name and address of property owner.
(2) Date property was acquired by current owner.
(4) Name and address of equitable owner and sale price, if applicable.
(5) Equity in the property by current property owner.
(7) Current market value of the property.
(8) Property expense and income statements for previous two years.
(9) Evidence of consideration of alternatives to demolition, including
alteration of plans or change of use.
(10)
Efforts to lease or sell the property during the previous 12
months.
(11)
Estimated future costs of retaining the structure and maintaining
it in accordance with City codes.
(12)
Any other information the applicant considers appropriate.
B. Recommended denial of alteration or appurtenance. When a claim of
unreasonable economic hardship is made due to a recommendation of
denial of an alteration or appurtenance, the applicant must present
sufficient evidence to the City Council to prove that as a result
of the HARB's recommendation, he or she will be unable to undertake
the alteration or install the appurtenance as recommended by the HARB
or obtain a reasonable return or reasonable beneficial use from the
property. The property owner shall submit to the City Council, prior
to the Council's consideration of the application, the information
below, if applicable:
(1) Name and address of property owner.
(2) Date property was acquired by property owner.
(5) Two bona fide estimates of cost of alteration or installation of
appurtenance as proposed by owner.
(6) Two bona fide estimates of cost of alternative treatment recommended
by HARB.
(7) Any other information the applicant considers appropriate.
C. Recommended denial of construction application. When a claim of unreasonable
economic hardship is made due to a recommendation of denial of a construction
application, the applicant must present sufficient evidence to the
City Council to prove that as a result of the HARB's recommendation,
he or she will be unable to undertake the construction activity and/or
obtain a reasonable return or reasonable beneficial use from the property.
The applicant shall submit to the City Council, prior to the Council's
consideration of the application, the information below, applicable:
(1) Name and address of property owner.
(2) Date property was acquired by current owner.
(4) Name and address of equitable owner and sale price, if applicable.
(5) Two bona fide estimates of total costs of project as proposed by
owner.
(6) Two bona fide estimates of total costs of project with revisions
recommended by HARB to meet the design standards.
(7) Maximum feasible cost for proposed project, based on market values,
available financing, estimated sale or lease revenues, or other acceptable
criteria.
(8) Any other information the applicant considers appropriate.
D. The City Council may require that an applicant furnish additional
information relevant to its determination of unreasonable economic
hardship.
E. The City Council may receive and consider studies, economic analyses,
and proposals to relieve the owner's economic hardship from other
interested parties.
F. Should the applicant prove to the satisfaction of the City Council
that he or she will suffer an unreasonable economic hardship if a
certificate of appropriateness is not approved, and should the City
Council be unable to develop a solution which can relieve the owner's
economic hardship, which may include consultation with appropriate
local, statewide and national organizations, foundations, groups or
individuals, the City Council must approve the application and issue
a certificate of appropriateness for the proposed work, subject to
any modifications requested by the City Council and accepted by the
applicant.
In the event that the subject building has been rendered unfit
for habitation because of fire, explosion or other similar causes,
the terms of this article may be waived to the extent that the applicant
can proceed to secure, protect or render the subject property habitable
under the terms of the Building Code of the City. However, any permanent
exterior changes visible from the public right-of-way must be approved
in accordance with this article.
The Building Official 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
and the Property Maintenance Code of the City of Lancaster as presently
enacted and as the same may from time to time be amended. In addition,
the Historic Preservation Specialist shall have the power to institute
any proceedings at law or in equity necessary for the enforcement
of this article.
[Adopted 11-9-1999 by Ord. No. 6-1999]
It is the purpose of this article to:
A. Effect and accomplish the protection, enhancement
and perpetuation of historic buildings and areas within the Heritage
Conservation District which represent distinctive elements of the
City's cultural, social, economic, political and architectural history.
B. Safeguard the City's historic, aesthetic and cultural
heritage, as embodied and reflected in such historic buildings and
areas.
C. Foster civic pride in the accomplishments of the past.
D. Protect and enhance the City's attraction to visitors
thereby providing support and stimulation for the City's economy.
E. Promote the use of historic buildings and areas for
the education, pleasure and welfare of the people of the City.
F. Preserve and protect the cultural, historical and
architectural assets of the City which have been determined to be
of local, state and/or national significance.
[Amended 2-22-2005 by Ord. No. 4-2005]
A. Public meeting. At the time the application is accepted
as complete, the applicant shall be informed in writing of the time
and place of the Historical Commission meeting at which his or her
or its application will be considered. The applicant shall be advised
to appear before the Historical Commission to explain the application.
The recommendation of the Historical Commission shall be rendered
within 75 days of the meeting at which the application is first considered,
unless the applicant agrees, in writing, to grant the Commission additional
time to render a decision. Failure of the Historical Commission to
make a recommendation within this seventy-five-day period or any extension
thereof shall be considered a recommendation of unconditional approval.
B. Public notification. Public notification is required
for all applications. The applicant shall be provided with a placard
announcing the date of the Historical Commission meeting when the
application will be considered. The applicant shall post the property
where the regulated activity is to occur with the placard provided
by the City at least 10 days prior to the Historical Commission meeting.
Failure on the part of the applicant to post the placard in a location
easily seen by the public shall be grounds for postponing consideration
of the application. Continuing failure on the part of the applicant
to post the property shall be grounds for recommending against approval
of the application within the Commission’s seventy-five-day
review period, which shall begin to run on the meeting date set forth
on the placard. In addition, the City shall provide the Lancaster
Newspapers, Inc., with the agenda of each Historical Commission meeting
for publication prior to the Historical Commission meeting.
C. Recommendation to City Council. At the time of its decision on the application, the Historical Commission shall orally advise the applicant of its recommendation and shall also advise the applicant of the time and place of the meeting of City Council when the application will be considered. The Historical Commission, following the meeting or meetings provided for in Subsection
A, shall submit to City Council, in writing, its recommendation concerning the issuance of a certificate of appropriateness. A copy of the recommendation and the time and place of the Council meeting shall be sent to the applicant at the time the recommendation is forwarded to City Council. The Commission shall recommend one of the following:
(1) The issuance of a certificate of appropriateness authorizing
the issuance of a building permit for the proposed regulated activity.
(2) The issuance of a certificate of appropriateness subject
to specified changes and conditions not included in the application
as submitted, but which, in the opinion of the Historical Commission,
would protect the distinctive historic character of the building,
structure or area which is proposed to be changed.
(3) The denial of the application for a certificate of
appropriateness with respect to the proposed regulated activity.
D. Acceptance of conditions. In the event that the recommendation
for a certificate of appropriateness is subject to conditions and
the applicant indicates his or her or its refusal to accept all conditions,
the Historical Commission shall be deemed to have recommended against
the issuance of a certificate of appropriateness. If the applicant
accepts all of the said conditions, the recommendation of conditional
approval shall stand as stated in the recommendation.
E. Withholding recommendation of denial. In the event
that the Historical Commission recommends against the issuance of
a certificate of appropriateness, the Historical Commission shall
withhold its written recommendation to City Council if the applicant
agrees to appear before the Historical Commission at its next regularly
scheduled meeting with a revised application for its consideration.
The applicant shall also submit a written extension of the seventy-five-day
review period.
[Amended 2-22-2005 by Ord. No. 4-2005]
A. Deliberations of City Council. The Historic Preservation
Specialist shall submit the Historical Commission’s written
recommendation, referencing the appropriate standards of the Secretary
of the Interior with which the proposed regulated activity complies,
to the City Council for consideration. City Council may consider the
report of the Historical Commission, any additional presentation by
representatives of the Historical Commission, and the presentation
of evidence by the applicant at a regularly scheduled meeting. In
its discretion, City Council may refer the matter to such City Council
committee or committees as it deems appropriate either before or after
its first consideration of the application at a Council meeting. The
committee or committees to which the matter is referred shall consider
the recommendation of the Historical Commission, any additional presentations
by the Historical Commission, and evidence by the applicant at a public
meeting of the committee. The committee shall make a report or recommendation
to the full City Council at its next regularly scheduled meeting.
City Council may schedule a presentation of committee reports or recommendations,
the presentation of testimony or documents from all interested parties
and, if deemed necessary, from the public, at such meeting or meetings
as it shall consider appropriate.
B. Decision of City Council. City Council shall, within
60 days following the Council’s first consideration of the application
at a Council meeting, either:
(1) Issue a certificate of appropriateness authorizing
a building permit for the proposed regulated activity.
(2) Issue a certificate of appropriateness subject
to specified changes and conditions not included in the application
as submitted, but which would protect the distinctive historic character
of the building, structure or area which is proposed to be changed.
(3) Issue a written denial to the applicant, with a copy
to the Pennsylvania Historical and Museum Commission, setting forth
the reasons for the denial.
C. Notification to applicant. Within 30 days following
the decision of City Council, the City shall send written notification
to the applicant of the decision of City Council. Failure of the City
to so act within the said period shall be deemed to constitute a decision
in favor of the applicant and a certificate of appropriateness shall
thereupon be issued. In the event that approval is granted subject
to conditions, the applicant may, within 15 days after receiving a
written copy of the decision, give written notice of his, her or its
refusal to accept all of the conditions, in which case City Council
shall be deemed to have denied a certificate of appropriateness. In
the event the applicant does not, within the said period, notify City
Council in writing of his or her or its refusal to accept all of the
conditions, the approval, with all conditions, shall stand as granted.
D. Legal status of City Council’s decision. Any building permit issued pursuant to a certificate of appropriateness shall be subject to any conditions made part of the certificate of appropriateness issued by City Council. Failure of the applicant to meet all conditions shall subject him or her or it to revocation of the building permit and to all sanctions and penalties as provided for in §
155-30, Notice of violation; violations and penalties, of this article.
[Amended 2-22-2005 by Ord. No. 4-2005; 4-9-2013 by Ord. No.
1-2013]
A. The Building
Official or the historic preservation specialist shall serve a notice
of violation on any person in violation of this chapter. The Building
Official and the historic preservation specialist shall be authorized
to issue a notice to stop all work on a property that is in violation
of this chapter.
B. Actions
that would result in a notice of violation or stop-work order to be
issued include:
(1) Failure
to apply for a certificate of appropriateness through submittal of
an application for a building permit and an application for Historical
Commission review as required for the alteration, reconstruction,
erection or demolition of a building or structure that can be seen
from a public right-of-way.
(2) Commencement
of exterior work prior to completion of a review of the work by the
Historical Commission and final action by City Council authorizing
issuance of a certificate of appropriateness.
(3) Failure
to comply with specific conditions related to design and/or material
specifications cited in the Historical Commission recommendation to
City Council or the certificate of appropriateness issued by City
Council.
(4) Performing
work outside of the scope of the work approved in the certificate
of appropriateness.
C. Such notice of violation shall indicate all measures required to abate said violation and shall be in addition to, but not in lieu of, the Building Official’s enforcement powers specified in §
155-16.2 of this chapter and any penalties or remedies directed by the Building Official relevant to violations of this chapter and Chapter
116 of the City Code, as amended.
D. Violations of this article by any person, property owner, occupant, firm or contractor shall be addressed in the manner set forth in Chapter
116, Construction Codes, Uniform.
Immediately upon the adoption of this article,
the City Clerk shall forward a copy thereof to the Pennsylvania Historical
and Museum Commission. This article shall not take effect until:
A. The Commission has certified, by resolution, to the
historical significance of the City of Lancaster Heritage Conservation
District; and
B. It has been duly advertised in a newspaper of general
circulation in the City of Lancaster, as required by law.