[HISTORY: Adopted by the City Council of
the City of Lancaster as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-26-2014 by Ord. No. 13-2014[1]]
[1]
Editor’s Note: This ordinance also repealed former Art.
I, Historic District, adopted 10-9-2001 by Ord. No. 9-2001, as amended.
A.
Pennsylvania law. This City of Lancaster Historic District Ordinance
is created pursuant to the authority granted by Historic District
Act 167, entitled: "An Act authorizing counties, cities, boroughs,
incorporated towns and townships to create historic districts within
their geographic boundaries; providing for the appointment of Boards
of Historical Architectural Review; empowering governing bodies of
political subdivisions to protect the distinctive historical character
of these districts and to regulate the erection, reconstruction, alteration,
restoration, demolition or razing of buildings within the historic
districts."
B.
Power granted to governing body to certify appropriateness. Pursuant
to Act 167, § 4(b),[1] the Lancaster City Council shall consider the following
prior to issuing a certificate of appropriateness:
(1)
Any governing body in determining whether or not to certify to the
appropriateness of the erection, reconstruction, alteration, restoration,
demolition or razing of a building, in whole or in part, shall consider
the effect which the proposed change will have upon the general historic
and architectural nature of the district. The governing body shall
pass upon the appropriateness of exterior architectural features which
can be seen from a public street or way, only, and shall consider
the general design, arrangement, 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 governing
body shall not consider any matters not pertinent to the preservation
of the historic aspect and nature of the district.
[1]
Editor’s Note: See 53 P.S. § 8004(b).
A.
Short title. This article shall be known and may be cited as the
"Historic District Ordinance."
B.
Compliance. All construction, reconstruction, alteration, restoration
or demolition of a building or structure, in whole or in part, located
within the Historic District and visible from a public right-of-way
or public alley shall hereafter be in full compliance with the terms
of this article and/or other applicable regulations.
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.
A.
Activities requiring HARB review and City Council approval. Unless specifically addressed below in Subsection B or C, any construction, reconstruction, alteration, repair, restoration, or demolition activity on private or public property requiring a building permit for exterior work visible from a public right-of-way, or any sign visible from a public right-of-way shall require prior review and recommendation to the City Council by the HARB and the issuance by the City Council of a certificate of appropriateness.
B.
Activities subject to administrative review and approval. The following
activities visible from a public right-of-way shall require administrative
review and approval prior to the issuance of a building permit. If
approved by the Building Official and Historic Preservation Specialist
as an activity consistent with the Secretary of the Interior Standards,
a certificate of appropriateness will not be required. Any of the
following activities that are not administratively approved shall
require an application for a certificate of appropriateness:
(1)
Repair or in-kind replacement of any element, in whole or in part;
(2)
Repointing and masonry repair using materials, mortar composition,
color, joint profile and width that closely match historic materials;
(3)
Repair or replacement of slate roofing shingles, provided that the
replacement shingles are asphalt, fiberglass or other approved material
that closely matches the slate shingles in color, profile and design;
(4)
Repair or replacement of asphalt or fiberglass shingles, provided
that the replacement shingles are asphalt, fiberglass or other approved
material that closely matches a color preapproved by the HARB;
(5)
Replacement of gutters and downspouts, provided that the new gutters
and downspouts match the existing features in design and materials;
(6)
Installation of flower boxes, window boxes, immovable planters or
other plant containers affixed to a building or porch;
(7)
Installation or replacement of full-light storm doors, with color
matching existing trim, provided they conform to the shape and size
of the historic door;
(8)
Installation or replacement of storm windows, with meeting rails
matching existing windows and color matching existing trim, provided
they conform to the shape and size of the historic windows;
(9)
Repair and alteration activity visible only from unnamed public alleys.
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.
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.
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.
A subordinate component or structural feature erected on
a lot, or attached or affixed to a principal structure.
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.
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.
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.
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.
An approval document signed by the Building Official authorizing
the construction, alteration, repair or demolition of all or part
of any building or structure.
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.
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.
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.
An application for a certificate of appropriateness that
conforms to submittal requirements for HARB review.
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.
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.
The dismantling, permanent removal, tearing down or razing
of a building or structure, in whole or in part.
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.
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.[1]
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.
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.
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.
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.
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.
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.
A drawing or map, drawn to scale, showing existing and proposed
buildings and structures and other improvements.
Actions taken to prevent the decay or degradation of a 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.
The owner of record of a property, including the owner of
a condominium unit.
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.
Any land dedicated to public use or passage, including streets,
alleys, and pedestrian rights-of-way placed on the Official City (Street)
Plan.
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.
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.
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.
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.
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.
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.
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.
A permit issued by the City of Lancaster Zoning Officer for
signs regulated by the Zoning Ordinance of the City of Lancaster,
as amended.[2]
A secondary door mounted outside an existing outside door
for protection against severe weather.
A secondary sash placed over an existing window as a protection
against severe weather.
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.
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.
The specific purpose for which land, structure, building,
or a unit within a structure or building is arranged, designed, intended,
occupied or maintained.
A.
Certification of Historic District. The Pennsylvania Historical and Museum Commission (PHMC) has certified by resolution the historical significance of the Historic District within the limits identified below in Subsection B. Furthermore, on February 16, 2000, the PHMC certified by resolution the historical significance of the Heritage Conservation District of the City of Lancaster as delineated in Ordinance No. 6-1999, adopted November 9, 1999, by the Lancaster City Council. Any expansion of the Historic District into the previously certified Heritage Conservation District shall require no further certification by the PHMC. However, expansion of the Historic District beyond the limits of the Heritage Conservation District shall require the certification by resolution of the PHMC of such expansion prior to the ordinance amending the boundaries of the Historic District taking effect.
B.
Boundaries. The boundaries of the Historic District are those established
by City of Lancaster Ordinance No. 41-1967, adopted October 10, 1967,
as amended from time to time, the boundaries of which are described
in the attached Exhibit A, incorporated and made a part hereof by
reference.[1]
[1]
Editor's Note: Exhibit A is on file in the City offices.
C.
Historic District Map. Regardless of the existence of purported copies
of the official Historic District Map which may from time to time
be published, the official Historic District Map shall be located
in the office of the Building Official.
D.
Interpretation of Historic District boundaries. Where uncertainty
exists as to the boundaries of the Historic District as shown on the
official Historic District Map, the following guidelines shall apply:
(1)
Boundaries indicated as following the center lines of streets or
plotted lot lines shall be construed as following such lines.
(2)
Distances not specifically indicated on the official Historic District
Map shall be determined by the scale of the map.
(3)
Where physical or cultural features existing on the ground are at
variance with those shown on the official Historic District Map, or
in other circumstances not covered by the above, the City Council
shall interpret the Historic District boundaries.
E.
Additions to or deletions from Historic District.
(1)
Requests for inclusion in or exclusion of an area from the Historic
District must have the concurrence of the property owners representing
at least 70% of the properties located within the boundaries of the
proposed area. All such requests shall be made on a form obtained
from the Historic Preservation Specialist. The proposed petition form
shall be returned to the Historic Preservation Specialist for review
prior to its circulation to property owners. The review by the Historic
Preservation Specialist will be completed within 15 days of the submission
of the petition form; if additional review time is needed, the sponsor
will be notified of the need for additional time and the anticipated
date of completion.
(2)
The sponsor(s) circulating a petition for inclusion or exclusion
of an area from the Historic District must own property in the block
or area referenced in the petition for a minimum of one year prior
to circulation of the petition request.
(3)
When the required signatures have been obtained, the signed petition
requests shall be submitted to the Historic Preservation Specialist
for review and verification that signatures were obtained from the
owners of at least 70% of the properties located within the boundaries
of the proposed area.
(4)
All requests shall be considered in accordance with the procedures set forth herein in §§ 155-9 and 155-10 regarding applications for certificates of appropriateness. Verified petition requests will be placed on the HARB's meeting agenda. All owners of properties located within the boundaries of the proposed area shall be informed in writing of the time and place of the HARB meeting at which the petition request will be considered. The sponsor(s) of the request shall be advised to appear before the HARB to explain the request on behalf of the petitioners. The recommendation of the HARB shall be rendered within 75 days of the meeting at which the request is first considered, unless the sponsor(s) agrees, in writing, to grant the HARB additional time to render a recommendation. At the time of its decision on the request, the HARB shall orally advise the sponsor(s) of its recommendation and shall also advise the sponsor(s) of the time and place of the meeting of City Council when the request will be considered.
(5)
Petition requests are subject to approval or authorization by the City Council. The City Council shall, within 60 days following the Council's first consideration of the request at a Council meeting, either approve or disallow the request, unless granted additional time by the sponsor(s) to render a decision. In determining whether to approve or disallow the request, the City Council shall consider the HARB's recommendation and the purpose of the Historic District Ordinance as set forth in § 155-3.
(6)
Within 30 days following the decision of the City Council to approve
or disallow the request, the City shall send written notification
to all property owners within the boundaries of the proposed area(s)
advising them of the decision of the City Council.
A.
Appointment by City Council. A Board of Historical Architectural
Review (HARB) is hereby established and shall be composed of seven
members, appointed by the City Council, in accordance with Section
8002 of Act 167. The HARB shall be composed of seven members, one
of whom shall be a registered architect, one a licensed real estate
broker, one the City Building Official, and the remaining four members
shall be persons with knowledge of and interest in the preservation
of historic districts. With the exception of the registered architect,
licensed real estate broker and Building Official, all members must
own property or reside within the Historic District.
B.
Term and vacancies. The term of each member shall be three years,
or until his or her successor is appointed, except that the terms
of the members appointed pursuant to this article shall be so fixed
that no more than three members shall be reappointed or replaced during
any one calendar year. The position of any member appointed in his
or her capacity of architect, real estate broker, Building Official,
resident or property owner who ceases to fulfill this requirement
of membership shall be automatically considered vacant. An appointment
to fill a vacancy shall be only for the unexpired portion of the term.
C.
Removal of members. Any Commission member may be removed for misconduct
or wrongdoing, unlawful execution of this article, or failure to perform
his or her responsibilities pursuant to this article, or for other
just cause by a majority vote of the City Council, but not before
he or she has been given the opportunity of a hearing before an executive
session of the City Council to defend himself or herself against any
alleged infractions of this article.
A.
Advisory role. The HARB shall be charged with the responsibility
for the review of applications for exterior work to buildings and
structures or demolition, in whole or in part, of buildings or structures
within the limits of the Historic District which require the issuance
of a certificate of appropriateness prior to the issuance of a building
permit, sign permit or demolition permit, in accordance with the provisions
of this article, and for forwarding written recommendations to the
City Council regarding the issuance of a certificate of appropriateness
for such work. Furthermore, the HARB shall review and recommend to
the City Council appropriate action upon petitions submitted by property
owners of given areas of the City requesting the inclusion of their
area in or its withdrawal from the Historic District. In addition,
the HARB is charged with the responsibility of recommending to the
City, and participating in, the establishment of programs and actions
that will promote public interest in the purpose of this article and
the preservation of buildings and structures within the Historic District.
B.
Meetings and quorum. The HARB shall meet publicly at regularly scheduled
meetings, and, if determined necessary, at special meetings, advertised
in accordance with the Pennsylvania Sunshine Act, Act of October 15,
1998, P.L. 729, 65 Pa.C.S.A. § 701 et seq. A majority of
the appointed members shall constitute a quorum, and action taken
at any meeting shall require the affirmative vote of a majority of
the HARB members present at the meeting. Except that, if one or more
positions are vacant at the time of official action, a quorum shall
be no less than three people; and, in the case of an even number of
members present because of vacancy or absence, a tie vote shall indicate
denial.
C.
Voting and conflicts of interest. It shall be the duty of each HARB
member to publicly announce any conflict of interest, including but
not limited to financial consideration, in connection with any application
or other official action before the HARB. When a conflict of interest
has been identified, the member shall not participate in the deliberation
or voting on the matter.
D.
Bylaws. The HARB shall adopt rules and regulations for its own organization
and procedure, provided that they are consistent with the laws of
the commonwealth and provisions of this article.
E.
Annual reports. The HARB shall make an annual report to the City
Council and to the PHMC, summarizing actions and accomplishments for
the previous calendar year.
F.
Compensation. HARB members shall serve without compensation.
G.
Training. As required by the PHMC for all certified local governments,
HARB members shall participate in eight hours of training each year
on matters related to historic preservation.
A.
Meeting. At the time a completed application is filed, the applicant
shall be informed of the time and place of the HARB meeting at which
his or her application will be considered. The applicant shall be
advised to appear before the HARB to explain the application. The
recommendation of the HARB 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 HARB additional time to render a
decision. Failure of the HARB 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 shall occur for all applications.
The applicant shall post the property where the activity is to occur
with the placard provided by the City at least 10 days prior to the
HARB meeting. In addition, the City shall submit the HARB agenda to
a newspaper of general circulation for publication prior to the meeting,
and will post the HARB agenda on the City of Lancaster website.
C.
Recommendations regarding certificates of appropriateness. In determining
the recommendation to be presented to the City Council concerning
the issuing of a certificate of appropriateness authorizing a permit
for the construction, reconstruction, alteration, repair, restoration,
or demolition of all or part of any building or structure within the
Historic District, the HARB shall consider the following matters:
(1)
Standards promulgated by the Secretary of the Interior;
(2)
Historical and/or architectural significance of the building or structure;
(3)
Effect of the proposed change upon the general historic and architectural
character of the Historic District;
(4)
Appropriateness of exterior architectural features that can be seen
from a public right-of-way;
(5)
General design, arrangement, texture, material and color of materials of the building or structure and the relation of such factors to similar features of buildings or structures in the Historic District, and, in the case of new construction, consistency with the design standards set forth in § 155-12 herein;
(6)
Written report of the Historic Preservation Specialist regarding
the appropriateness of the proposed activity; and
(7)
The applicant's justification for the proposed activity, including
financial feasibility and cost estimates.
D.
Findings of meeting. The HARB, following the meeting provided for in § 155-9A, shall submit to the City Council, in writing, its recommendation concerning the issuance of a certificate of appropriateness. The written report shall include the name and address of the applicant, the location of the property under consideration, description of the proposed work, the specific Secretary of the Interior's Standards upon which the HARB recommendation is based, and any other pertinent information. The written report also shall contain one of the following recommendations:
(1)
The issuance of a certificate of appropriateness authorizing the
issuance of a building permit for the proposed activity; or
(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 HARB, would protect the distinctive
historic character of the building or structure or the area where
the change is to occur; or
(3)
The denial of a certificate of appropriateness with respect to the
proposed activity as set forth and described in the application.
E.
Withholding recommendation of denial. In the event that the HARB
votes to counsel against the issuance of a certificate of appropriateness,
it shall indicate to the applicant the changes in plans and specifications,
if any, which, in the opinion of the HARB, would protect the distinctive
historical character of the Historic District. The HARB shall withhold
its written recommendation to the City Council if the applicant agrees
at the conclusion of the meeting or meetings to appear before the
HARB at its next regularly scheduled meeting with a revised application
for its consideration.
A.
Deliberations of City Council. Following the HARB's provision of its recommendation concerning issuance of a certificate of appropriateness as set forth in § 155-9D, the City Council may consider the written recommendation of the HARB, any additional presentation by representatives of the HARB, and the presentation of evidence by the applicant at a regularly scheduled meeting of the City Council. In its discretion, the 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 HARB, any additional presentations by the HARB, and evidence by the applicant at a public meeting of the committee. The committee shall make a report to the full City Council at its next regularly scheduled meeting. The 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. The City Council shall, within 60 days following the Council's first consideration of the application at a Council meeting, take formal action on the issuance of a certificate of appropriateness for work covered by applications reviewed by the HARB. In determining whether or not to certify to the appropriateness of the proposed construction, alteration, repair, restoration or demolition of all or part of any building or structure within the Historic District, the Council shall consider the same factors as the HARB, as set forth in § 155-9C as well as the written recommendation of the HARB. The Council shall 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; or
(3)
Issue a written denial to the applicant, with a copy to the Pennsylvania
Historical and Museum Commission, setting forth the reasons for the
disapproval. The City Council shall also indicate what changes in
the applicant's plans and specifications would meet its conditions
for protecting the distinctive historical character of the Historic
District.
C.
Notification to applicant. Within 30 days following the decision
of the City Council, the City shall send written notification to the
applicant of the decision of the City Council. Failure of the City
to so act within 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 the City Council
shall be deemed to have denied a certificate of appropriateness. In
the event the applicant does not, within said period, notify the City
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, sign permit or demolition permit issued pursuant to a certificate of appropriateness shall be subject to any conditions made part of the certificate of appropriateness issued by the 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 § 155.16.1, Notice of violation, and § 155-16.2, Enforcement.
A.
General procedure. Applications for certificates of appropriateness shall be filed with the Building Official by the owner, equitable owner or authorized agent. The application shall be accompanied by information and documentation required in § 155-11B, Demolition, § 155-11C, Alterations and appurtenances, and/or § 155-11D, New construction. Applications filed after the submittal deadline will be scheduled for the following month's HARB meeting. All applications shall be in writing on a form provided by the City staff or downloaded from the City of Lancaster website. Incomplete applications shall not be accepted and shall be returned to the applicant for completion.
B.
Demolition.
(1)
Applications for certificates of appropriateness to authorize demolition
shall be accompanied by information required by the City or HARB,
which may include but not be limited to the following:
(a)
Name and address of property owner;
(b)
Date of acquisition by current owner;
(c)
Name and address of equitable owner, if applicable;
(d)
Current use of property, and, if vacant, number of years vacant
and year and description of most recent use;
(e)
Color photographs of the building or structure proposed for
demolition;
(f)
Photographic evidence and written description of the exterior
and/or interior deteriorated condition of the building or structure;
(g)
Reason(s) for the demolition;
(h)
Explanation why rehabilitation, reuse, plan alteration, or stabilization
is not feasible or desirable, including financial feasibility and
a minimum of two current, market-value cost estimates of alternatives,
if appropriate;
(i)
Proposed future use of the lot or part thereof occupied by the
building or structure proposed for demolition;
(j)
Design of any proposed construction;
(k)
Timeline for construction and occupancy of proposed future use;
(l)
Statement on disposition of architectural features/building
materials; and
(m)
Any additional information required by the HARB as relevant
to its decision.
(2)
No building permit for the proposed demolition shall be issued prior
to the City Council issuance of a certificate of appropriateness for
any new building or structure proposed on the property, and/or, if
applicable, approval of a new land use or development by appropriate
City officials, and, in the case of plans requiring City Planning
Commission approval, unconditional approval of plans. Building permits
issued without a certificate of appropriateness or other necessary
approvals due to administrative or clerical error shall be voided.
C.
Alterations and appurtenances.
(1)
Applications for certificates of appropriateness to authorize alterations
or installation of appurtenances shall be accompanied by the following:
(a)
Name and address of property owner;
(b)
Color photographs of building or structure proposed for alteration;
(c)
Color photographs of location on building or structure where
alteration is to occur;
(d)
Drawing or other illustration of proposed alteration or appurtenance;
and
(e)
Reason(s) for proposed alteration or appurtenance.
(2)
No building permit for any proposed alteration or appurtenance nor
sign permit for any proposed sign shall be issued prior to the City
Council issuance of a certificate of appropriateness. Building or
sign permits issued without a certificate of appropriateness due to
administrative or clerical error shall be voided.
D.
New construction.
(1)
Applications for construction permits shall be accompanied by the
following:
(a)
Scaled, dimensioned plot plan and drawings with appropriate notes indicating proposed materials and conformity with the design standards listed below in § 155-12;
(b)
Color photographs of the lot or structure where the construction
is to occur and streetscapes adjacent to and directly across the public
street from the proposed construction activity; and
(2)
No building permit for any proposed construction shall be issued
prior to the City Council issuance of a certificate of appropriateness,
and/or, if applicable, approval of a new land use or development by
appropriate City officials, and, in the case of plans requiring City
Planning Commission approval, unconditional approval of plans. Building
permits issued without a certificate of appropriateness or other necessary
approvals due to administrative or clerical error shall be voided.
A.
The general design, arrangement, texture, and material of a new building
or structure, an addition to or alteration of an existing building
or structure and the relation of such factors to similar features
of buildings or structures in the immediate neighborhood and in the
Historic District shall be detailed in the application. New buildings
or additions to existing buildings should be designed in a manner
that clearly distinguishes the new building or addition from existing
buildings. Consideration shall be given but not limited to the following:
(1)
Size, scale, proportion. New construction shall relate to the dominant
proportions, size and scale of buildings and structures of the streetscape.
(2)
Rhythm and patterns. Design elements of principal facades should
reflect neighborhood patterns. Examples include prevalent number of
bays; door and window placement; floor-to-floor and cornice heights;
spacing between windows and doors and between windows and cornices
or rooflines; and dimensions of the facade's base and cornice.
Where the use of the structure prevents maintaining the prevalent
rhythms and patterns, incorporation of detailing to suggest them is
recommended.
(3)
Materials and textures. Building materials, textures and treatments
shall be compatible with those of surrounding buildings. Where traditional
materials, such as brick, wood or stone are common in the immediate
neighborhood, use of these materials on front facades and secondary
facades on corner properties is recommended.
(4)
Architectural details. Use of architectural details reflecting the
character-defining features of the streetscape is recommended.
(5)
Streetscapes. New construction should reflect prevailing setbacks,
orientation, and physical elements that define streetscapes.
(6)
Secretary of the Interior's Standards. New additions, exterior
alterations, or related new construction shall not destroy historic
materials that characterize the property and shall be undertaken in
such a manner that, if removed in the future, the essential form and
integrity of the historic property and its environment would be unimpaired.
The new work shall be differentiated from the old and shall be compatible
with the massing, size, scale, and architectural features to protect
the historic integrity of the property and its environment.
A.
All buildings and structures within the Historic District shall be maintained in good repair, structurally sound, and reasonably protected against decay and deterioration, as per the City of Lancaster Property Maintenance Code (Chapter 223, Property Maintenance).
B.
Any unresolved notice of violation to the property owner shall be
considered prima facie evidence of demolition by neglect.
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.
(3)
Purchase price.
(4)
Name and address of equitable owner and sale price, if applicable.
(5)
Equity in the property by current property owner.
(6)
Assessed value.
(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.
(3)
Purchase price.
(4)
Assessed value.
(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.
(3)
Purchase price.
(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.
A.
Any person aggrieved by failure of the Building Official or Zoning
Officer to issue a permit for the activity proposed by his or her
application for a certificate of appropriateness by reason of the
disapproval of the City Council may appeal the nonissuance of the
permit as follows and in accordance with City ordinances: for nonissuance
of a building permit, the appeal is made to the City of Lancaster
Building Code Board of Appeals; for the nonissuance of a zoning permit,
the appeal is made to the City of Lancaster Zoning Hearing Board.
B.
Any person desiring to appeal the City Council's disapproval
of a certificate of appropriateness may file an appeal to the Lancaster
County Court of Common Pleas as provided for by laws of the commonwealth.
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 or sign permit and an application
for HARB 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 HARB and final action by the 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 HARB recommendation to
the City Council or the certificate of appropriateness issued by the
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 article, 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.
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]
A.
This Heritage Conservation District is created pursuant
to the authority granted by the Act of June 13, 1961, P.L. 282, as
amended, 53 P.S. § 8001 et seq. (Act 167) entitled: "An
Act authorizing counties, cities, boroughs, incorporated towns and
townships to create historic districts within their geographic boundaries;
providing for the appointment of Boards of Historical Architectural
Review; empowering governing bodies of political subdivisions to protect
the distinctive historical character of these districts and to regulate
the erection, reconstruction, alteration, restoration, demolition
or razing of buildings within the historic districts."
B.
Section 8002 of Act 167[1] specifically provides: "For the purpose of protecting
those historical areas within our great Commonwealth, which have a
distinctive character recalling the rich architectural and historical
heritage of Pennsylvania, and of making them a source of inspiration
to our people by awakening interest in our historic past, and to promote
the general welfare, education and culture of the communities in which
these distinctive historical areas are located, all counties, cities,
except cities of the first or second class, boroughs, incorporated
towns and townships, are hereby authorized to create and define, by
ordinance, a historical district or districts within the geographic
limits of such political subdivisions."
[1]
Editor's Note: See 53 P.S. § 8002.
A.
Short title. This article shall be known and may be
cited as the "Heritage Conservation District Ordinance."
B.
Compliance. No building or structure located within
the Heritage Conservation District shall hereafter be erected or demolished,
in whole or in part, without full compliance with the terms of this
article and/or other applicable regulations.
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.
A.
ACCESSORY BUILDING
ADDITION
ALLEY, COMMON
ALLEY, PUBLIC
ALTERATION
APPURTENANCE
AUTHORIZED AGENT
BALCONY
BUILDING
BUILDING OFFICIAL
BUILDING PERMIT
BUILDING PERMIT APPLICATION
BUILDING WALL
CERTIFICATE OF APPROPRIATENESS
CHARACTER-DEFINING
COMPLETED APPLICATION
CONFLICT OF INTEREST
CONSTRUCTION
CORNICE
DECK
DEMOLITION
DEMOLITION BY NEGLECT
DORMER
ENCLOSURE
ERECTION
FENCE
HERITAGE CONSERVATION DISTRICT
HISTORICAL COMMISSION
HISTORIC PRESERVATION SPECIALIST
LANCASTER HISTORIC DISTRICT
LANCASTER NATIONAL REGISTER HISTORIC DISTRICT
MAINTENANCE
MEETING
NATIONAL REGISTER OF HISTORIC PLACES
OWNER
PORCH
PLOT PLAN
PRESERVATION
PRINCIPAL STRUCTURE
PUBLIC STREET
REGULATED ACTIVITY
REPAIR
REPLACEMENT
RESTORATION
ROOF
SECRETARY OF THE INTERIOR'S STANDARDS
SETBACK
STREETSCAPE
STRUCTURE
USE
WALL
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.
A structure constructed as a secondary, subordinate building
on a lot containing a principal structure.
An increase in building area, aggregate floor area, height
or number of stories of a structure.
A right-of-way intended to be used primarily for vehicular
and/or pedestrian access to the side or rear of a property and which
is neither privately owned nor included in the Official City (Street)
Plan.
A minor right-of-way which is used primarily for vehicular
access from a public street to the side or rear of a property and
which is included in the Official City (Street) Plan.
Any visual or physical change to a building, including the repair, painting or replacement of any exterior structural element or the repair, replacement or installation of any decorative or accessory element or feature. The exemption of alterations, as referenced in § 155-27C(2), does not include the removal of character-defining porches, balconies, cornices, dormers, or roofs, the enclosure of porches, balconies, or decks, or the resurfacing, concealment, or reconstruction of character-defining exterior walls or cornices.
[Amended 2-22-2005 by Ord. No. 4-2005; 4-22-2014 by Ord. No.
2-2014]
A subordinate component or structural feature attached or affixed to a principal structure or erected on a lot. The exemption of appurtenances, as referenced in § 155-27C(3), does not include porches, balconies, decks, dormers, or walls exceeding four feet in height.
[Amended 2-22-2005 by Ord. No. 4-2005]
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, or the registered or licensed architect or engineer
employed in connection with the proposed work.
[Added 2-22-2005 by Ord. No. 4-2005]
A roofed or unroofed elevated platform projecting from the
wall of a building, enclosed by a railing, balustrade or parapet wall.
A structure, enclosed and isolated by exterior walls and
roof and permanently affixed to the land, that is used for residential,
commercial, institutional, industrial or public purposes, including
principal and accessory buildings or structures.
A municipal employee of or individual retained by the City
designated as the individual who enforces compliance of the City of
Lancaster Building Code[1] and issues permits for the construction or demolition
of all or part of any building or structure within the City, including
a qualified person designated by the Building Official to perform
such functions as delegated by this article to the Building Official.
An approval document signed by the Building Official authorizing
the construction or demolition of all or part of any building or structure.
The request filed by a property owner, equitable owner or
developer with the Building Official/Inspector or Codes Administrator
seeking authorization to Construct or Demolish all or part of any
building or structure.
An exterior wall of a building permanently affixed to the
land.
[Added 4-22-2014 by Ord. No. 2-2014]
The approval statement signed by City Council which certifies
the historical appropriateness of a proposed regulated activity.
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 structures. In certain instances, changes to a building or structure
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.
[Amended 2-22-2005 by Ord. No. 4-2005]
An application for a certificate of appropriateness that
conforms to submittal requirements for Historical Commission review.
Use by a public official of the authority of his/her office
or any confidential information received through his/her holding public
office for the private pecuniary benefit of himself/herself, a member
of his/her immediate family, or a business or organization with which
he/she or a member of his/her immediate family is associated. Conflict
of interest also includes the employment or holding of office by a
public official or a member of his/her immediate family with the applicant
and/or owner whose property is the subject of the application before
the Historical Commission.
[Added 2-22-2005 by Ord. No. 4-2005]
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, including porches, balconies, dormers, decks, and
building walls or portions thereof, and the reconstruction or restoration
of a demolished or destroyed building or structure or part thereof.
[Amended 2-22-2005 by Ord. No. 4-2005; 4-22-2014 by Ord. No.
2-2014]
A projecting horizontal band at or near the top of a wall
or building or at the top of a storefront window, often with decorative
elements including one or more of the following: brackets, modillions,
dentils, and molding.
[Added 2-22-2005 by Ord. No. 4-2005]
A flat, floored, roofless structure adjoining a building
or built as a structural part of it and accessible from the ground.
The dismantling, tearing down or razing of a building or
structure, in whole or part, including the permanent removal of character-defining
elements.
[Amended 2-22-2005 by Ord. No. 4-2005]
The absence of routine maintenance and repair which leads
to structural weakness, decay and deterioration in a building or structure
to the point where the building or structure meets criteria for condemnation.
A roofed structure projecting through the sloping roof of
a building and containing a window set vertically in the structure.
[Added 2-22-2005 by Ord. No. 4-2005]
The addition of panels, windows, screens or any other material
exceeding 42 inches in height above the floor surface on one or more
sides of a porch, balcony or deck, but excluding the addition of awnings
or retractable or roll-up shades.
[Added 2-22-2005 by Ord. No. 4-2005]
Construction, assembling, or installation of a building or
structure, or part thereof, on the ground or onto an existing building
or structure.
A structure constructed of posts with wire or rails or with
boards not exceeding 12 inches in width.
[Added 2-22-2005 by Ord. No. 4-2005]
That geographic area of the City of Lancaster, identified
and delineated by City Council, pursuant to Section 8002 of Act 167,[2] as set forth on the Official City of Lancaster Heritage
Conservation District Map which shall be located in the office of
the Building Official. The provisions of this article shall be applied
to all land, buildings, and structures located within the boundaries
of the Heritage Conservation District.
The official review board appointed by City Council pursuant
to Section 8003 of Act 167[3] which is charged with the responsibility to recommend
to City Council, following deliberations at public meetings, the approval,
approval with conditions or denial of certificates of appropriateness
for regulated activities which City Council is required to issue pursuant
to this article and Act 167.
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 an individual responsible for enforcing compliance with the provisions of this chapter, Articles I and II, and for advising the HARB, Historical Commission and applicants/property owners regarding regulated activities within the Historic District and Heritage Conservation District.
[Amended 4-9-2013 by Ord. No. 1-2013]
That geographic area of the City of Lancaster created by
City of Lancaster Ordinance No. 41-1967, as amended (City of Lancaster
Codified Ordinances, Article 155)[4] wherein any and all changes to buildings or structures,
or part thereof, visible from a public way are subject to review and
approval by City Council.
[Amended 2-22-2005 by Ord. No. 4-2005]
That geographic area of the City of Lancaster accepted by
the National Park Service, Department of the Interior, as a historic
district listed in the National Register of Historic Places.
[Amended 2-22-2005 by Ord. No. 4-2005]
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.
Any proceeding before either the Historical Commission or
City Council or any committee thereof at which any participant presents
information by way of recommendations, testimony, photographs, plans,
drawings or otherwise with respect to an application under consideration.
Where “Council meeting” is stipulated in the text, this
proceeding shall refer to a meeting of the full seven-member City
Council, or a quorum thereof. A meeting of a committee of Council
shall not be considered as a Council meeting.
[Added 2-22-2005 by Ord. No. 4-2005]
The federal listing, administered by the United States Department
of the Interior, of districts, sites, buildings, structures and objects
significant to 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.
Any person, corporation, or institution having a legal or
equitable interest in the property; or recorded in the official records
of the state, county or municipality as holding title to the property;
or otherwise having control of the property, including but not limited
to a trustee, a guardian of the estate of any such person, or an executor
or administrator of the estate of such person.
[Added 2-22-2005 by Ord. No. 4-2005]
A covered entrance to a building, often large enough to serve
as an outdoor seating or walking space, including a colonnaded portico.
A drawing or map, drawn to scale, showing existing and proposed
structures and other improvements.
Actions taken to prevent the deterioration, decay or degradation
of a structure.
Building or structure in which has been, is, or will be conducted
the principal use or uses of a lot.
A public right-of-way that has been placed on the Official
City (Street) Plan, but excluding public alleys.
Any activity requiring review and recommendation by the Historical
Commission and approval by City Council for the issuance of a certificate
of appropriateness in the Heritage Conservation District.
The process of rehabilitation which warrants additional work
beyond maintenance. Repair includes, but is not limited to, patching,
piecing in, splicing, consolidating or otherwise reinforcing materials.
To install new materials or components in place of existing
materials or components, regardless of whether the same material and
design or a different material and design is utilized.
The process of accurately recovering the form and details
of a property as it appeared at a specific period of time by means
of removal of later work and the replacement of work missing from
that period.
The flat or sloped covering element of a building. Character-defining
roofs include, but are not limited to, gable, gambrel, hipped and
mansard roofs.
[Added 2-22-2005 by Ord. No. 4-2005]
Federal standards developed by the U.S. 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.
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.
The overall view of a public street, including front and
side yards visible from a public street, its component elements, and
the relationships of building setbacks, rhythms, height, shapes, spacing
and textures, that give the public street or neighborhood its distinctive
visual character or image.
That which is built or constructed, or a portion thereof,
excluding paved areas.
[Amended 2-22-2005 by Ord. No. 4-2005]
The specific purpose for which a land, structure, building
or a unit within a structure or building is arranged, designed, intended,
occupied or maintained.
A structure, not including building walls, intended to mark
a boundary, serve as an enclosure, provide a barrier, or hold back
earth or other material; excluding fences.
[Added 2-22-2005 by Ord. No. 4-2005]
A.
The Heritage Conservation District shall consist of
that geographic area of the City of Lancaster coterminous with the
geographic area designated as the Lancaster National Register District,
but excluding the geographic area included in the Lancaster Historic
District.
B.
Any change to the geographic area listed in the Lancaster
National Register District shall result in automatic change to the
Heritage Conservation District, effective as of the date of the Pennsylvania
Historical and Museum Commission's letter of notification regarding
such change.
[Amended 2-22-2005 by Ord. No. 4-2005]
C.
Any change to the geographic area of the Lancaster
Historic District shall result in an automatic change to the Heritage
Conservation District in that any property added to the geographic
area of the Lancaster Historic District shall be automatically removed
from the geographic area of the Heritage Conservation District, and
any property removed from the geographic area of the Lancaster Historic
District shall be automatically added to the geographic area of the
Heritage Conservation District.
D.
Regardless of the existence of purported copies of
the Official Heritage Conservation District Map which may from time
to time be published, the Official Heritage Conservation District
Map which shall be located in the office of the Building Official.
B.
Pursuant to Section 8003 of Act 167,[2] the Historical Commission shall consist of at least seven members, of whom one shall be a registered architect, one shall be a licensed real estate broker, and one shall be a Building Official. The remaining members shall be persons with knowledge of and interest in historic preservation and neighborhood conservation or revitalization. All members of the Historical Commission, with the exception of the registered architect, licensed real estate broker and the Building Official, must own property or reside in the Lancaster National Register Historic District, as defined in Chapter 155, Article II, § 155-20, Definitions and word usage.
[Amended 2-22-2005 by Ord. No. 4-2005; 4-22-2014 by Ord. No.
2-2014; 1-24-2017 by Ord. No. 01-2017]
[2]
Editor's Note: See 53 P.S. § 8003.
C.
The term of each member shall be three years, or until
his or her successor is appointed, except that the terms of the members
first appointed pursuant to this article shall be staggered so that
no more than three members shall be reappointed or replaced during
any one calendar year.
D.
Any member appointed in his or her capacity as an
architect, real estate broker, Building Official or resident of the
Heritage Conservation District who ceases to fulfill a requirement
of membership shall be automatically removed, and his or her position
shall be considered vacant. Such vacancy shall be filled by City Council
for the unexpired portion of the term.
E.
A majority of the appointed members shall constitute
a quorum, and action taken at any meeting shall require the affirmative
vote of a majority of the members present at the meeting. Except that,
if one or more positions are vacant at the time of official action,
a quorum shall be no less than three people; and, in the case of an
even number of members present because of vacancy or absence, a tie
vote shall indicate denial.
F.
It shall be the duty of each member to publicly announce
any conflict of interest, including but not limited to a personal
financial interest, in connection with any application or other official
action before the Commission. When a conflict of interest has been
identified, the member shall not participate in the deliberation or
vote on the matter.
G.
Any member may be removed for misconduct or wrongdoing,
unlawful execution of this article or failure to perform his or her
responsibilities pursuant to this article or for other just cause
by a majority vote of City Council, but not before he or she has been
given the opportunity of a hearing before an executive session of
City Council to defend himself or herself against any alleged infractions
of this article.
A.
Recommendations regarding certificates of appropriateness.
The Historical Commission shall give counsel to City Council regarding
the advisability of issuing any certificate of appropriateness which
City Council is required to issue pursuant to this article and Section
8003 of Act 167,[1] and shall hold such meetings and render such reports as required by § 155-25 herein. In determining the recommendation to be given to City Council, the Historical Commission shall consider only those matters that are pertinent to the preservation of the historic aspect and nature of the Historic Conservation District, including when relevant:
(1)
Standards promulgated by the Secretary of the Interior.
(2)
Historical and/or architectural significance of the
building or structure.
(3)
Appropriateness of exterior architectural features which can be seen only from a public street, including compatibility with the design standards listed in § 155-27D of this article.
(4)
Effect that the proposed change will have upon the
general historical and architectural character of the area.
(5)
Consistency with the City's Comprehensive Plan.
(6)
Written report of the Historic Preservation Specialist
regarding the appropriateness of proposed regulated activity.
(7)
Applicant's justification for the proposed regulated
activity, including financial feasibility and cost estimates.
[1]
Editor's Note: See 53 P.S. § 8003.
B.
Bylaws. The Historical Commission shall adopt rules
and regulations for its own organization and procedure, provided that
they are consistent with the laws of the commonwealth and provisions
of this article.
C.
Annual reports. The Commission shall make an annual
report to City Council and to the Pennsylvania Historical and Museum
Commission, summarizing actions and accomplishments for the previous
calendar year.
D.
Compensation. Commission members shall serve without
compensation; however, costs for training or local travel shall be
compensated by the City if prior approval has been granted.
E.
Meetings. The Historical Commission shall meet publicly
at regularly scheduled meetings, and, if determined necessary, at
special meetings, advertised in accordance with the Pennsylvania Sunshine
Act, Act of October 15, 1998, P.L. 729, 65 Pa.C.S.A. § 701
et seq.
A.
Permits and certificate required. No person shall
commence any regulated activity within the Historic Conservation District,
without first obtaining a certificate of appropriateness with respect
thereto from City Council.
B.
Duty of Building Official. The Building Official,
or such other person or agency charged by City Council with the issuance
of building permits, shall not issue a building permit for any regulated
activity until City Council has issued a certificate of appropriateness.
C.
The application for a certificate of appropriateness for any regulated activity shall be filed with the Building Official by the owner, equitable owner or authorized agent. The application shall be accompanied by information required in § 155-27A, Demolition, Subsection A(2) and/or in § 155-27B, New Construction, Subsection B(2) in order to be accepted by the Building Official as a complete application. Following the application submission, the Historic Preservation Specialist shall review the application, inspect the subject property, interview the applicant, if necessary, and prepare a written report for the Historical Commission evaluating the appropriateness of the proposed regulated activity. A copy of the written report shall be provided to the applicant prior to the Historical Commission meeting.
[Amended 2-22-2005 by Ord. No. 4-2005]
[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.
A.
Demolition.
(1)
Demolition activity impacting the streetscape, including
demolition of any character-defining porch, balcony, deck, cornice,
dormer, roof, or building wall, shall require the issuance of a certificate
of appropriateness by City Council, unless specifically listed as
exempt below.
[Amended 2-22-2005 by Ord. No. 4-2005; 4-22-2014 by Ord. No.
2-2014]
(2)
Applications for certificates of appropriateness to
authorize demolition shall be accompanied by information required
by the City or Historical Commission, which may include, but not be
limited to, the following:
[Amended 2-22-2005 by Ord. No. 4-2005]
(a)
Name and address of owner.
(b)
Date of acquisition by current owner.
(c)
Name and address of equitable owner, if applicable.
(d)
Current use of property, and, if vacant, number
of years vacant and year and description of most recent use.
(e)
Thirty-five millimeter (required for demolition
only) photographs of the building or structure proposed for demolition.
(f)
Photographic evidence and written description
of the deteriorated condition of the building or structure.
(g)
Reason(s) for the demolition.
(h)
Explanation why rehabilitation, reuse, plan
alteration or stabilization with the intent to market and sell the
property is not feasible or desirable, including financial feasibility
and a minimum of two current, fair market value cost estimates of
alternatives, if appropriate.
(i)
Proposed future use of the lot or part thereof
occupied by the building or structure proposed for demolition.
(j)
Design of any proposed construction.
(k)
Timeline for construction and occupancy of proposed
future use.
(l)
Statement on disposition of architectural features/building
materials.
(m)
Any additional information required by the Commission
as relevant to its decision.
(3)
A building permit for the proposed demolition shall
not be issued by the Building Official prior to and where applicable:
B.
Construction.
[Amended 2-22-2005 by Ord. No. 4-2005; 4-22-2014 by Ord. No.
2-2014]
(1)
Construction of buildings or structures, including a porch, porch
enclosure, balcony, deck, cornice, dormer, roof, or wall, and including
installation of new exterior wall materials over existing building
walls or portions thereof, impacting the streetscape shall require
a certificate of appropriateness, unless specifically listed as exempt
below.
(2)
Applications for building permits to authorize construction
shall be accompanied by information required by the City or Historical
Commission, which may include, but not be limited to, the following:
(a)
Scaled, dimensioned drawings with appropriate notes indicating conformity with the design standards listed below in Subsection D.
(b)
Colored photographs (any film type permitted)
of the lot or structure where the construction is to occur and streetscapes
adjacent to and directly across the public street from the proposed
construction.
C.
Exemptions. The following activities shall be exempt
from the provisions of this article:
(2)
Maintenance, repair or alteration of a building or
structure or part thereof.
(3)
Installation of appurtenances and accessory elements
of a decorative or ancillary nature, regardless of visibility from
a public street, including but not limited to the following:
(a)
Storm windows and doors, awnings and shutters.
(b)
Signs, banners and flags.
(c)
Downspouts and gutters.
(d)
Flower boxes, light fixtures and mailboxes.
(e)
Heating or cooling units, including solar heating
fixtures.
(f)
Fences, walls not exceeding four feet in height,
gates, arbors and trellises;
[Amended 2-22-2005 by Ord. No. 4-2005]
(g)
Antennas and satellite dishes.
(h)
Other ancillary or decorative elements.
(4)
Demolition of any structure deemed by the Building
Official to be in imminent danger of failure or collapse and where
the Building Official orders the demolition in order to protect public
health, safety and welfare.
[Added 2-22-2005 by Ord. No. 4-2005]
D.
Design standards. The general design, arrangement,
texture and material of a new building or structure and the relation
of such factors to similar features of buildings or structures in
the immediate neighborhood and in the Heritage Conservation District
shall be detailed in the application. Consideration shall be given,
but not limited to, the following:
(1)
Size, scale, proportion. New construction shall relate
to the dominant proportions, size and scale of buildings of the streetscape.
(2)
Rhythm and patterns. Design elements of principle
facades should reflect neighborhood patterns. Examples include prevalent
number of bays; door and window replacement; floor-to-floor and cornice
heights; spacing between windows and doors and between windows and
cornices or rooflines; and dimensions of the facade's base and cornice.
Where the use of the structure prevents maintaining the prevalent
rhythms and patterns, incorporating detailing to suggest the same
is recommended.
(3)
Materials and textures. Building materials, textures
and treatments shall be compatible with those of surrounding buildings.
Where traditional materials, such as brick, wood or stone, are common
in the immediate neighborhood, use of these materials on front facades
and secondary facades on corner properties is recommended.
(4)
Architectural details. Use of architectural details
reflecting the character-defining features of the streetscape is recommended.
(5)
Streetscapes. New construction should reflect prevailing
setbacks, orientation and physical elements, which define streetscapes.
A.
All buildings and structures located within the boundaries of the Heritage Conservation District shall be maintained in good repair and kept structurally sound, and reasonably protected against decay and deterioration, as Chapter 223, Property Maintenance.
B.
Any deteriorated condition of the building or structure resulting from the failure of the owner to maintain the property in good repair, structurally sound and reasonably protected against decay and deterioration shall not be permitted as evidence in support of an application for a certificate of appropriateness for demolition, as set forth in § 155-27A(2) of this article.
[Added 2-22-2005 by Ord. No. 4-2005[1]]
[1]
Editor's Note: This ordinance also redesignated
former Subsection B as Subsection C, which follows.
C.
Any unresolved notice of violation to the property
owner shall be considered prima facie evidence of demolition by neglect.
A.
Recommended denial of a building permit for demolition.
When the applicant desires to make a claim of unreasonable economic
hardship based upon the recommendation of the Historical Commission
to deny a building permit for demolition, the applicant must file
with the City Clerk, prior to City Council's consideration of said
application, sufficient evidence to prove that the Historical Commission's
recommendation will prevent the applicant from obtaining a reasonable
return or a reasonable beneficial use from the property. The applicant
shall submit to the City Council the information set forth below,
which shall include the following when relevant:
(1)
Name and address of owner of record.
(2)
Date property was acquired by current owner.
(3)
Name and address of equitable owner.
(4)
Purchase price.
(5)
Current equity in the property of owner of record.
(6)
Assessed value.
(7)
Estimated current fair 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
previous 12 months.
(11)
Estimated future costs of retaining structure
and maintaining it in accordance with City codes.
(12)
Any other information the applicant considers
appropriate.
B.
Recommended denial of a building permit for construction.
When the applicant desires to make a claim of unreasonable economic
hardship based upon the recommendation of the Historical Commission,
the applicant must file with the City Clerk, prior to City Council's
consideration of said application, sufficient evidence to prove that
the Historical Commission's recommendation will prevent the applicant
from obtaining a reasonable return or a reasonable beneficial use
from the property. The applicant shall submit to City Council the
information set forth below, which shall include the following where
relevant:
(1)
Name and address of owner of record.
(2)
Date property was acquired by current owner.
(3)
Name and address of equitable owner.
(4)
Purchase price.
(5)
Total net project costs, reflecting any tax reductions
through credits, deductions or abatement.
(6)
Anticipated project income from sale or lease.
(7)
Maximum feasible cost for proposed project, based
on market values, available financing or other acceptable criteria.
(8)
Evidence of consideration of alternatives to construction
plans, including a minimum of two bona fide cost estimates of construction
as originally proposed and construction of revised plans meeting design
standards.
(9)
Any other information the applicant considers appropriate.
C.
City Council may require that an applicant furnish
additional information relevant to its determination of unreasonable
economic hardship.
D.
City Council may receive and consider studies, economic
analyses and proposals to relieve the owner's economic hardship from
other interested parties.
E.
Should the applicant prove to the satisfaction of
City Council that he will suffer an unreasonable economic hardship
if a certificate of appropriateness is not issued, and should City
Council be unable to develop with appropriate local, statewide and
national organizations, foundations, groups or individuals a solution
which can relieve the applicant's economic hardship, City Council
must approve the application and issue a certificate of appropriateness
for the proposed work, subject to any modifications requested by City
Council and accepted by the applicant.
[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.
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:
