City of Bradford, PA
Mckean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bradford as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-11-1971 by Ord. No. 2866; amended in its entirety 4-27-2021 by Ord. No. 2866.8]
In accordance with the provisions of an act 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 district," adopted by the Governor of the Commonwealth of Pennsylvania on the 13th day of June 1961, and to protect the portions of the City of Bradford which recall the rich architectural and cultural heritage of our City and state, to awaken in our people an interest in our historic past and to promote the general welfare, education and culture of our City, there is hereby created in the City of Bradford an historic district to be known as "Historic Bradford."
The limits of the Historical District of Bradford are defined as follows: located in the City of Bradford, McKean County, Pennsylvania, beginning at the southeast corner of Mechanic Street and Central Alley, then eastward along the south curbline of Central Alley c. 150 feet to the northeast corner of the property line of 23 East Washington Street; then south along the east property line of 23 East Washington Street c. 120 feet to the south curbline of East Washington Street; then eastward along the south curbline of East Washington Street across the Tuna Creek Bridge c. 130 feet to the northwest corner of the property at 40 Boylston Street; then south along the west property line of the property at 40 Boylston Street c. 80 feet to its southwest corner; then eastward along the south property line of 40 Boylston Street c. 130 feet to its southeast corner; then northward along its east property line c. 80 feet to the south curbline of Boylston Street and then eastward along the south curbline of Boylston Street 320 feet to the northeast corner of the property at 80 Boylston Street; then southward along the east property line of 80 Boylston Street c. 110 feet to the intersection of the rear property lines of the properties fronting on Main Street; then eastward along the rear property lines of the properties fronting on Main Street c. 125 feet to the northeast corner of the property at 161 Main Street; then southward along the east property line of 161 Main Street c. 65 feet to the north curbline of Main Street; then westward along the north curbline of Main Street c. 225 feet to a point opposite the continuation of the west curbline of Webster Street; then southward along the west curbline of Webster Street c. 310 feet to the southeast corner of the property at 98 East Corydon Street; then eastward along the rear property lines of the properties fronting on East Corydon Street c. 400 feet to the east curbline of Congress Street; then northward along the east curbline of Congress Street c. 60 feet to a point opposite the southeast corner of the property at 30 East Corydon Street; then westward, crossing Congress Street and continuing along the south property line of the property at 30 East Corydon Street c. 75 feet to the southwest corner of the property at 30 East Corydon Street; then northward along the west property line of 30 East Corydon Street c. 80 feet to the north curbline of East Corydon Street; then eastward along the north curbline of East Corydon Street c. 160 feet to the east curbline of South Avenue; then northward along the east curbline of South Avenue c. 150 feet to a point opposite the north curbline of Chautauqua Place; then westward, crossing South Avenue and continuing along the north curbline of Chautauqua Place c. 270 feet to the east curbline of Bushnell Street; then northward along the east curbline of Bushnell Street c. 90 feet to the northwest corner of the property at 13 Bushnell Street; then eastward along the rear property lines of the properties fronting on Chautauqua Place c. 125 feet to the east curbline of Whitney Place; then northward along the east curbline of Whitney Place c. 90 feet to the south curbline of Barbour Street; then westward along the north curbline of Barbour Street c. 270 feet to the south bank of Tuna Creek; then eastward along the south bank of Tuna Creek c. 375 feet to the northwest corner of the property at 21 Mechanic Street; then northward along the rear lines of the properties fronting on Mechanic Street c. 80 feet to the south curbline of East Washington Street; then eastward along the south curbline of East Washington Street c. 80 feet to the east curbline of Mechanic Street; then north along the east curbline of Mechanic Street c. 120 feet to the place of beginning.
The Pennsylvania Historical and Museum Commission has certified, by resolution, after notification, in writing, of the passage on first reading of this article, to the historical significance of the district within the limits defined in § 125-2, and the City Council or its authorized representative of the City of Bradford has received such certification and placed it among the municipal records of the City.
Pursuant to Article I, Section 27, of the Pennsylvania Constitution, which states that:
"People have the right to clean air, pure water, and to the preservation of the natural environment. Pennsylvania's public natural resources are the common property to all people, including generations yet to come. As trustees of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people."
The City Council of the City of Bradford hereby declares as a matter of public policy that the protection, enhancement and perpetuation of landmarks in the Historic District are necessary to promote the economic, cultural, educational and general welfare of the public. Inasmuch as the City of Bradford has many significant historic, landscape, architectural and cultural resources which constitute its heritage, this is intended to protect and enhance the landmarks and the historic districts which represent distinctive elements of the City's historic, architectural and cultural heritage; as well as fostering civic pride in the accomplishments of the past; to protect and enhance the City's attractiveness to visitors and thereby providing support and stimulus to the economy; and to ensure the harmonious, orderly and efficient growth and development of the City. The City of Bradford hereby establishes a procedure for maintaining architectural standards in the construction of new buildings and in the modification or removal of existing buildings and providing and implementing a coordinated and comprehensive plan for the preservation of the Historic District.
A Board of Historical Architectural Review (HARB) is hereby established, to be composed of five members and two alternates appointed by City Council, one of whom shall be a registered architect, one a licensed real estate broker, one the Building Inspector of the City of Bradford, one with knowledge of architectural history and additional persons with knowledge of and interest in the preservation of the Historic District. The initial terms of the first nine members of the Board shall be so fixed that no more than three members shall be replaced or reappointed during any one calendar year. Terms will last three calendar years. After three successive term appointments, members are ineligible of serving the following term, unless there are no other qualified applicants.
A. 
Compensation. Members of the Board shall serve without compensation. The Board may hire and pay staff. The members of the Board may incur other necessary and appropriate expenses and may be reimbursed for these expenses. When an expense exceeds $500, the City Council, by resolution, will review and vote and, upon acceptance, authorize the proper officers to make payment.
B. 
Removal of members. Any member of the Board who fails to attend three consecutive regularly scheduled meetings or 50% of the meetings actually held in a calendar year may be removed from office by a vote of the Board.
C. 
Board training. Each member of the Board shall attend at least one workshop, seminar or training session (minimum of four hours) per year related to historic preservation and approved by the State Historic Preservation Officer. Each staff member shall also attend at least one training session per year.
D. 
Board vacancy. When a vacancy occurs on the Board, the remaining members shall recommend as soon as possible but within 60 days the name of a person to City Council to fill that vacancy, so that Council may act on that nomination at its next regularly scheduled meeting. The members of the Board may delegate this responsibility to the Chair.
The Board shall give counsel to the Council of the City of Bradford regarding the advisability of issuing any certificates required to be issued pursuant to said Act of June 13, 1961, and this article. For this purpose, the Board may make and alter rules and regulations for its own organization and procedures, consistent with the ordinances of the City and the laws of the commonwealth.
A. 
Meetings.
(1) 
The time and date of scheduled meetings of the Board shall be published in the local newspaper.
(2) 
Meetings will be held on an as-needed basis when applications are submitted. Cancelled meetings will be rescheduled.
(3) 
Written or personal notice of each regularly scheduled meeting of the Board and all items on the agenda shall be sent to each Board member at least five days prior to the day named for the meeting.
(4) 
The quorum for a meeting of the HARB shall be a majority of the Board, including alternates if necessary; any such business transacted shall be valid, providing it is affirmatively passed by a majority of the Board.
(5) 
Emergency meetings may be held at the call of the Chairman. Notice of an emergency meeting will be given at least 24 hours prior to such an emergency meeting.
(6) 
Meetings shall be open to the public.
(7) 
The HARB shall keep, for each meeting, written minutes, which shall include a record of votes on all motions.
(8) 
When necessary, meetings may be attended by proxy over the phone and voting can be done remotely by phone or email.
B. 
Conflicts of interest. It shall be the duty of each HARB member to remain conscious of and sensitive to any possible conflict of interest (including but not limited to financial considerations) which may arise by virtue of his or her membership on the Board. A member, promptly upon his determining that he/she has a conflict relative to any matter brought, shall disqualify him or herself from participating in voting on such a matter, including temporarily absenting himself from the room in which the discussion is being held.
C. 
Officers.
(1) 
The members of the Board shall choose among themselves a Chairperson, Vice Chairperson and Secretary and any such other officers as the HARB may, from time to time, determine. With the exception of the Secretary, all officers must be members of the HARB. The Chairperson and Vice Chairperson shall hold their offices for one year and may succeed themselves. They shall have such authority and shall perform such duties as are provided by the bylaws and shall from time to time be prescribed for the Board. The same person may hold only one office at any one time. Election of officers will occur at the January meeting, which shall be designated as the "annual meeting."
(2) 
Any officers may be removed upon a majority vote of the Board. Any Board member may be removed for misconduct or wrongdoing, unlawful execution of this Act or failure to perform his or her responsibilities pursuant to this Act, or for other just cause by a majority vote of the governing body, but not before he or she has been given the opportunity of a hearing to defend to any alleged infractions of said Act.
D. 
Duties of officers.
(1) 
The Chairperson shall preside at all meetings and shall have general and active management and supervision of the Board's affairs between meetings; subject, however, to the Board's delegation of other authority. The Chairperson shall be a member of all special committees. The Vice Chairperson shall perform these duties in absence of the Chairperson. Should both be absent, the remaining members of the Board shall select a Board member to serve in such capacity.
(2) 
The Secretary shall attend all sessions of the Board and its committees. The Secretary shall record all votes of the Board, its reports and the minutes of all its transactions. The Secretary shall keep or cause to be kept all books, records and papers and shall perform or cause to be performed all other duties pertaining to this office which may be assigned by the Chairperson or by the HARB.
(3) 
The Secretary shall notify all Board members of meetings.
E. 
Books and records.
(1) 
The Secretary to the Board shall keep an original record of the proceedings of the Board and its bylaws, including all amendments. All recommendations of the Board shall be permanently filed with the official City records. Every member of the Board shall have the right to examine the books and records of the Board and to make copies for any proper purpose.
(2) 
The Secretary to the Board shall keep a record of all property information forms for HARB review of buildings contributing to the Historical District of Bradford. The forms will be completed by individuals who meet the Secretary of the Interior's Professional Qualification Standards for Architectural History. These forms will be updated with HARB-approved alterations.
(3) 
The members of HARB shall make an annual report to the governing body, which shall include:
(a) 
Any recommendations for changes in this article.
(b) 
The number and types of cases reviewed.
(c) 
The number of cases for which a certificate of appropriateness was either approved or denied.
(d) 
Number of HARB meetings which each member attended.
(e) 
Historic-preservation-related training which each member attended.
(f) 
A narrative summary describing the state of preservation in the Bradford Historic District with recommendations in policy, goals and objectives for the Bradford governing body's consideration.
F. 
Board powers. The Historic Architectural Board of Review shall be authorized to:
(1) 
Give recommendations to the City of Bradford governing body regarding the advisability of issuing any certificate of appropriateness.
(2) 
Make such investigations and studies of matters relating to historic preservation, including consulting with historic preservation experts, Bradford's City Council or the Board itself, as it may, from time to time, deem necessary or appropriate for the purpose of preserving historic resources.
(3) 
Perform historic preservation activities as the official agency of the City of Bradford Historic Preservation Program.
(4) 
Employ persons, if necessary, to carry out the responsibilities of the Board.
(5) 
Receive donations, grants, funds or gifts of historic property and acquire and sell historic properties.
(6) 
Participate in private, state and federal preservation programs.
(7) 
Conduct a survey of buildings, structures, objects and monuments for the purpose of determining those of historic and/or architectural significance and pertinent facts about them; action in coordination with the City of Bradford and other appropriate groups and to maintain and periodically revise the detailed listings of historic resources and data about them, appropriately classified with respect to national, state and local significance in accordance or consistent with the Pennsylvania Historical and Museum Commission's Cultural Resource Management in Pennsylvania: Guidelines for Historic Resource Surveys.
(8) 
Propose, from time to time, as deemed appropriate, the establishment of additional historic districts and revisions to existing historic districts.
(9) 
Formulate recommendations concerning the preparation and publication of maps, brochures and descriptive material about the City of Bradford historical and/or architectural sites and buildings.
(10) 
Cooperate with and advise the City of Bradford governing body in matters involving historically and/or architecturally significant sites and buildings (such as appropriate land usage, parking facilities and signs, as well as adherence to lot dimensional regulations and minimum structural standards).
(11) 
Cooperate with and enlist assistance from the National Park Service, the National Trust for Historic Preservation, Preservation Pennsylvania, the Pennsylvania Historical and Museum Commission and other agencies, public and private, from time to time, concerned with the preservation of historic sites and buildings.
(12) 
Advise owners of historic buildings regarding rehabilitation, repairs, maintenance methods and technologies, adaptive use, economic and tax incentives and other historic preservation strategies.
(13) 
Promote public interest in the purpose of this article by carrying on educational and public relations programs.
(14) 
Adopt the Secretary of the Interior's Standards.
The Building Inspector shall not issue a building permit for any erection, alteration, reconstruction, repair, restoration or demolition of all or part of any building in the District until the City of Bradford governing body has issued a certificate of appropriateness (CA). If the Building Inspector or his or her representative issues a building permit without a CA due to an administrative or clerical error, said building permit shall be voided.
A. 
Criteria for issuing a certificate of appropriateness.
(1) 
Certificate of appropriateness; general criteria. The Board shall approve the issuance of a certificate of appropriateness only if it determines that the proposed work will not have a substantial adverse effect on the aesthetic, historical or architectural significance and value of the individual landmark or, if the proposed work is within an historic district, the proposed work will not have a substantial adverse effect on the aesthetic, historical or architectural significance of the property itself, the district or neighboring properties in such district.
(2) 
In making this determination, the Board's decision to approve, approve with modification(s), or deny an application for certificate of appropriateness for an individual landmark, interior landmark, or scenic landmark will be guided by the Secretary of the Interior's Standards for Rehabilitation by the following principles:
(a) 
Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible.
(b) 
Any alteration of existing properties shall be compatible with the surrounding historic district.
(c) 
New construction shall be compatible with the historic district in which it is located.
(3) 
In applying the principle of compatibility set forth in Subsection A(2) of this section, the Board shall consider the following factors:
(a) 
The general design and character of the proposed alteration or new construction relative to existing features of the property or improvement.
(b) 
The scale and visual compatibility of the proposed alteration or new construction in relation to the property itself, surrounding properties and the historic district.
(c) 
Texture and materials, and their relation to similar features of the properties and other properties in the historic district.
(d) 
Visual compatibility with surrounding properties, including proportion of the property's facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback.
(e) 
The importance of historic physical and visual features to the significance of the property.
Upon receipt of a completed application for a building permit or a certificate of appropriateness for work to be done in the District, the Building Inspector shall determine whether the work being proposed needs to be forwarded to HARB staff for administrative approval review. If not, he shall forward copies of the completed application for a building permit together with copies of any plot plan and building plans and specifications filed by the applicant to HARB. HARB staff shall be the City Building Inspector. Any changes that occur to the building in which there is no alteration of the exterior structure shall constitute approval by the HARB staff.
A. 
It shall be the duty of the HARB to review plans for any identified actions listed below, and such review shall be in conformity with the purposes set forth in § 125-4 above. The Board shall not accept any application for review that includes a parcel which has a reported written violation pertaining to any provisions of this article.
B. 
The Board shall review all applications for the following action that lies within the City of Bradford's Historic District:
(1) 
Any action involving exterior changes requires the issuance of a building permit or demolition permit.
(2) 
Any application for a sign or sign structure permit.
(3) 
Any of the following actions:
(a) 
Removal or addition of exterior architectural features from a structure.
(b) 
Removal or replacement of a slate, tile, wood-shingle or standing metal roof or replacement or covering of such a roof with a different material.
(c) 
Enclosure of porches with screens or storm windows or other permanent material.
(d) 
Installation of storm doors or replacement windows on a structure.
(e) 
Construction or removal of fences, walls and architectural screens.
(f) 
Exterior painting.
(g) 
Removal, replacement or any changes to an existing sign face or sign insert.
C. 
Applications are not necessary for any actions which involve the ordinary maintenance or repair of any exterior feature in the Historic District.
D. 
The HARB shall not collect a fee for any applications.
E. 
Optional preapplication meeting with HARB: allows the applicant and HARB to reach an agreement on their design standards.
F. 
Affirmative maintenance and repair requirement.
(1) 
Ordinary maintenance; repair.
(a) 
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic landmark or property within an historic district that does not involve a change in design, building materials, color or outward appearance.
(b) 
The Board may evaluate and decide, without public hearing, whether or not proposed work constitutes ordinary maintenance and repair or requires a certificate of appropriateness.
(2) 
No owner or person with an interest in real property designated as an individual landmark or included with an historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with the Property Maintenance Code of Pennsylvania, Uniform Fire Prevention and Building Code and all other applicable local regulations.
(3) 
Every owner or person in charge of an improvement on a landmark site or in an historic district shall keep in good repair:
(a) 
All of the exterior portions of such improvements; and
(b) 
All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to deteriorate, decay or become damaged or otherwise to fall into a serious state of disrepair.
(4) 
Examples of types of prohibited disrepair include, but are not limited to:
(a) 
Deteriorated or crumbling plasters, mortar or facades;
(b) 
Deteriorated or inadequate foundation;
(c) 
Defective or deteriorated flooring or floor supports or any structural floor members of insufficient size to carry imposed loads with safety;
(d) 
Deteriorated walls or other vertical structural supports that split, lean, list or buckle due to defective material or deterioration;
(e) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration or are of insufficient size to carry imposed loads;
(f) 
Ineffective or inadequate waterproofing of exterior walls, exterior chimneys, roofs, foundations or floors, including windows or doors which may cause or tend to cause deterioration, decay or damage;
(g) 
Defective or insufficient weather protection for roofs, foundation or exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering, which may cause or tend to cause deterioration, decay or damage;
(h) 
Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety or any fault or defect in the building or structure which renders it not properly watertight or otherwise compromises the life and character of the building or structure.
(5) 
Interiors. Every owner or person in charge of an improvement to an interior landmark shall keep in good repair:
(a) 
All portions of such interior landmark; and
(b) 
All other portions of the improvement which, if not so maintained, may cause or tend to to fall into a serious state of disrepair.
(6) 
Every owner or person in charge of a scenic landmark shall keep in good repair all portions thereof.
A. 
The HARB may recommend without reservations or may conditionally recommend subject to specific modifications any application as set forth in § 125-9 hereof, provided that a finding of excessive dissimilarity or inappropriateness shall exist, but also further that it is of such a nature as to be expected to provoke harmful effects.
B. 
The HARB may impose appropriate conditions and safeguards in connection with its approval, including but not limited to the following:
(1) 
Nature and qualities of material.
(2) 
Manner of construction.
(3) 
Design and other elements set forth in § 125-15.
C. 
Applications which have been approved by action of the HARB shall be signed and dated by the Chairperson of the HARB.
D. 
Decision; action by City Council.
(1) 
The HARB shall render a decision and recommendation on any application for a building permit or sign permit under its review no later than 30 days after the meeting and shall submit, within this said time period, in writing, to the City Council recommendations concerning the issuance or denial of a certificate of appropriateness. City Council shall have up to 21 days to review HARB's recommendation.
(2) 
If, for any reason, an application is not ruled upon by the HARB within said thirty-day period, said application shall be deemed approved by HARB.
(3) 
City Council shall act upon said HARB recommendation at a Council meeting after the twenty-one-day review period. City Council shall have the right to grant approval of the recommendation prior to the twenty-one-day approval period. Failure to act within said time period by the City Council shall result in the HARB recommendation being deemed approved by the Council.
If the HARB decides to advise against the granting of a certificate of appropriateness, it shall so indicate to the applicant for a building permit. The disapproval shall indicate to the applicant the changes in plans and specifications, if any, which would protect the distinctive historical character of the Historic District and the architectural integrity of the building or structure. The HARB shall withhold its report for five days to allow the applicant to decide whether or not to make the suggested changes in his or her plans and specifications. If the applicant determines that he or she will make the necessary changes, he or she shall so advise the HARB, which shall in turn advise the governing body.
The written report to City Council concerning HARB's recommendations on the issuance of a certificate of appropriateness shall set out the findings of fact, which shall include but not be limited to the following matters:
A. 
The exact location of the area in which the work is to be done.
B. 
The exterior changes to be made or the exterior character of the structure to be erected.
C. 
A list of the surrounding structures with their general exterior characteristics.
D. 
The effect of the proposed change upon the general historic and architectural nature of the District.
E. 
The appropriateness of exterior architectural features of the building which can be seen from a public street or way.
F. 
The general design, arrangement, textures and material of the building and the structure and the relation of such factors to similar features of buildings or structures in the district.
G. 
The opinion of the HARB as to the appropriateness of the work or project proposed as it will preserve or destroy the historic character and nature of the district.
H. 
The specific recommendations of HARB based on findings of fact as to the issuance by City Council or its refusal to issue a certificate of appropriateness.
I. 
Notification of the applicant by the City Council of its consideration upon receipt of the written report from HARB that it shall consider the application at the next regularly scheduled or special meeting the question of issuing to the Building Inspector a certificate of appropriateness authorizing a permit for work covered by the application. The applicant shall be advised by the City of Bradford Secretary of the time and place of meeting at which the application shall be considered. The applicant shall have the right to attend this meeting and be heard as to the reasons for filing said application.
J. 
Final notification by City Council. In either case of approval or disapproval, the City shall notify the applicant of its decision within five days of its meeting at which the application was being considered.
K. 
Any applicant who is dissatisfied with the action taken by the City Council shall have the right, but shall not be required, to petition the Council within 15 days of Council's decision asking Council to reconsider its action. Any such petition shall be in writing and shall set forth a brief statement of the grounds relied upon. Upon receipt of such petition, the Council shall set a time and place for a hearing on said petition, which shall take place within 15 days of receipt of the petition. At such hearing, the petitioner shall be given an opportunity to be heard and show why such decision should be reversed or modified and a permit granted. After such hearing and within five days therefrom, the Council shall sustain, modify or reverse its initial action. Any aggrieved party may appeal the final order to the Court of Common Pleas in accordance with the provisions of the Local Agency Law (2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A. § 751 et seq.).
L. 
In order to safeguard persons and property against the hazards and perils incident to defective electrical wiring and apparatus that are in existence within the limits of the Bradford Historic District, the Building Official is hereby given the duty to inspect with his agents and the representative or representatives of the Underwriters or similar organizations, when requested by property authority or when public interest so requires, any premises within the Historic District at reasonable times to ensure that the existing electrical wiring system and apparatus are not defective and unsafe.
(1) 
Written reports requesting certificates of appropriateness for alterations to historic buildings will require written verification from the Building Official that the existing electrical wiring system and apparatus are not defective and unsafe.
(2) 
All decisions that the existing electrical wiring system and apparatus are defective shall be made by the Building Official, in writing, on notice to the owner of the premises served forthwith personally or by regular mail addressed to the address shown on the latest tax records, with reasons for his decision.
(3) 
Upon the Building Official's decision that the existing electrical wiring systems are defective and unsafe as aforesaid, the system or portions of the system which are not defective and unsafe shall be discontinued until they are corrected and made to comply with the provisions of the National Electrical Code in accordance with this article.
A. 
An applicant with an application to the Council that has been denied may apply to City Council for relief on the grounds that the HARB standards are working a hardship upon the applicant. In order to prove the existence of a hardship, the applicant shall establish that:
(1) 
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible, if the applicant is denied. The applicant who demonstrates to the satisfaction of the City Council that the applicant's claim of hardship is well founded shall present dollars-and-cents proof to City Council.
(a) 
The applicant shall submit:
[1] 
A minimum of three estimates from bona fide contractors and/or vendors substantiating his or her claim that the financial feasibility of repair in kind is unreasonable.
[2] 
Date the property was acquired by its current owner.
[3] 
Price paid for the property (if acquired by purchase) and a description of the relationship, if any, between the buyer and the seller of the property.
[4] 
Mortgage history of the property, including current mortgage and the annual debt service, if any, for the previous two years.
[5] 
Current market value of the property.
[6] 
Equity in the property.
[7] 
Past and current income and expense statements for the past two years.
[8] 
Past capital expenditures during ownership of current owner.
[9] 
Appraisals of the property obtained within the previous two years.
[10] 
Income and property tax factors affecting the property.
[11] 
All appraisals obtained within the previous two years by the owner or applicant in connection with purchase, offerings for sale, financing or ownership of the property for alternative use or a statement that none were obtained.
[12] 
Estimates of the cost of the proposed erection, reconstruction, alteration, restoration, demolition or razing and an estimate of any additional cost that would be incurred to comply with the recommendations of the Board for changes necessary for it to approve a certificate of appropriateness.
[13] 
Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture or other.
(b) 
The Review Board may require that an applicant furnish additional information relevant to its determination of unreasonable economic hardship.
(c) 
Should the Review Board determine that the owner's present return is not reasonable, it must consider whether there are other uses currently allowed that would provide a reasonable return and whether such a return could be obtained through investment in the property for rehabilitation purposes.
(2) 
The property cannot be adapted for any other use permitted by the Zoning Ordinance in the zoning district in which the property is located, whether by the current owner or by a purchaser, which would result in a reasonable return.
B. 
The City Council shall hold a public hearing on the hardship application, at which time an opportunity will be provided for proponents and opponents of the application to present their views. Such a hearing will be within 90 days of filing of the hardship application. Notice of the hearing shall be printed in the newspaper in the City of Bradford at least one time and at least five days, but not more than 10 days, before the hearing. The applicant shall pay the cost of the legal notice.
C. 
The applicant shall consult in good faith with the HARB and interested parties in a diligent effort to seek an alternative that will result in the preservation of the property.
D. 
Should the applicant satisfy the Review Board that he will suffer an unreasonable economic hardship if a certificate of appropriateness is not approved, and should the Review Board be unable to develop with the City of Bradford or appropriate local, statewide and national preservation organizations a solution which can relieve the owner's economic hardship, the Review Board must recommend a certificate of appropriateness for demolition.
In reviewing all applications, the HARB shall act to accomplish the following:
A. 
To assure architectural compatibility, such as historical and architectural values, architectural style, design, arrangement, texture, material and color.
B. 
To provide controls for signs, fences, outdoor lighting, utility services and accessory buildings.
C. 
To advise, where justified, the use of special policies so as to improve such aids or other incentives so that privately owned projects may realize a reasonable return.
D. 
To prevent the demolition or destruction of significant structures whose preservation is an objective of the district.
The Board shall be guided by the following standards in approving or disapproving applications:
A. 
General principles.
(1) 
Every reasonable effort shall be made to provide a compatible use for a property that requires minimal alteration of the building, structure or site and its environments, or to use a property for its original intended purpose.
(2) 
The distinguishing original qualities or character of a building, structure or site and its environments shall not be destroyed. The removal or alteration of any historic material or distinctive architectural feature should be avoided when possible.
(3) 
All buildings, structures and sites shall be recognized as products of their own time. Alterations that are incompatible shall be discouraged.
(4) 
Changes that may have taken place in the course of time are evidence of the history and development of a building, structure or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and respected.
(5) 
Distinctive stylistic features or examples of skilled craftsmanship that characterize a building, structure or site shall be treated with sensitivity.
(6) 
Deteriorated architectural features shall be repaired rather than replaced wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, color, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplication of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(7) 
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials or historic landscape features shall not be undertaken.
(8) 
Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and such design can always be clearly differentiated from the historic building and be compatible in terms of mass, materials, relationship of solids to voids, and color. New construction should focus on setting, including maintaining traditional setbacks and side yards of front yards that define the character of the district.
(9) 
Backlit signs are not permitted. Goose neck lighting is recommended and encouraged.
B. 
Design guidelines. The design guidelines are outlined in a booklet that can be found at City Hall for further reference. In applying the principals for review, the HARB shall consider whether the proposed alteration or construction is compatible with the landmark, historic property and/or surrounding properties in the Historic District with regard to:
(1) 
Height. The height of a building shall be compatible with the surrounding buildings.
(a) 
Generally, maximum building height shall not be greater than the taller of the next two abutting structures on each side of the building site, provided that such structures are in conformance with bulk regulations of the zoning district.
(b) 
Generally, minimum building height of a street facade shall not be less than the lower of the next two abutting structures on each side of the building site, provided that such structures are in conformance with bulk regulations of the zoning district.
(2) 
Scale. The relationship of a building and its elements to human size, form and perception. The scale of a building shall be compatible with the surrounding buildings.
(3) 
Proportion. The relationship among the dimensions of various elements.
(a) 
Front facade. The relationship of the width of a building to the height of the front elevation shall be compatible with the surrounding buildings.
(b) 
Openings. The relationship of the width of windows and doors to their height shall be compatible with the surrounding buildings.
(4) 
Rhythm. The pattern resulting from repeated elements such as window and door openings, columns, arches and other facade elements. The rhythmic relationship between a building's facade elements shall be compatible with the surrounding buildings. In cases where new construction occupies more than one house lot, the rhythm of the separate building units existing on the street shall be carried across the facade. Some of the ways this may be achieved include the grouping of openings in clusters, the employment of reveals in wall plans or the use of structural bays.
(5) 
Directional expression. The directional expression of a building shall be compatible with the dominant horizontal or vertical expression of the surrounding buildings.
(6) 
Massing and open space. The relationship of a building to open space between it and the adjoining buildings shall be compatible with the character of the surrounding area.
(7) 
Setback. The front yard setback for the building line of all new construction shall be no closer to the street than the closest or no further from the street than the next two abutting structures on each side of the building site, provided that such structures are in conformance with area regulations of the zoning district.
C. 
Major building elements.
(1) 
Storefronts. Existing historic storefronts shall be retained and rehabilitated whenever possible. Storefronts which have been altered or removed shall be restored or compatibly redesigned.
(2) 
Doors. Existing historic doors and openings shall be retained and rehabilitated wherever possible. Restoration of historic openings is to be encouraged where they have been previously altered. Where doorways must be altered to meet current building code and safety requirements, doors and entranceways shall be designed also to respect the exterior architectural integrity of the building.
(3) 
Windows. Existing historic windows and window openings shall be retained and rehabilitated wherever possible. Restoration of historic openings is to be encouraged where they have been previously altered.
(4) 
Roofs. Features which give a roof its essential historic character shall be preserved wherever possible. Roof designs for new structures shall be compatible with surrounding buildings.
D. 
Materials and colors.
(1) 
Materials used in new construction shall be compatible with those traditionally used in the surrounding area. Contemporary materials such as glass, curtain walls, concrete, etc., are acceptable, provided that the overall texture, color and detail of the building is compatible with the surrounding buildings.
(2) 
Colors used in new construction shall be compatible with surrounding buildings. In the case of existing historic buildings, architectural features shall be restored with colors and finishes appropriate to the nature of the materials and to the historic character of the building. Where documented colors are not used, historic colors appropriate to the building's predominant style(s) shall be encouraged.
E. 
Signs and awnings.
(1) 
No commercial sign or permanent external advertising display of any kind shall be erected, altered or used in the Historic District except for advertising informing the public of a service, business, occupation or profession carried on, in or about the property on which such sign or permanent external advertising is displayed.
(2) 
Except as provided in Subsection E(3) and (4) of this subsection, no sign or display of any kind or for any purpose shall be erected or altered, notwithstanding zoning sign approval, until an application for permit to make such erection or alteration has been reviewed by HARB for conformity in exterior material composition, exterior structural design, external appearance and size of similar advertising or information media used in the architectural period of the district in accordance with the resource inventory of building architectural styles of the Bradford Historic District (which is available in the office of the City Clerk) and a permit granted thereon.
(3) 
Noncommercial signs not exceeding 12 square feet in area placed upon private property by the owner or occupant of said property are exempt from the permitting requirement of this subsection.
(4) 
Temporary signs not exceeding 12 square feet are exempt from the permitting requirement of this subsection, provided that each such sign is removed within 60 days of its erection.
(5) 
The letters of all signs and displays, regardless of content, displaying an area four square feet or larger shall be in uniform type-set style of print or professionally printed.
(6) 
The face of a sign or other display shall not consist of unpainted or unfinished wood or wood products. All signs and other displays constructed of materials other than solid wood must be painted or displayed on material of a uniform color, except where the sign includes a border. The border of any sign or other display shall be of a uniform width and color.
(7) 
All signs or other displays must be painted in colors chosen from the historic color chart. The historic color chart is available in the City Clerk's office.
(8) 
To the extent that there exists any conflict between the City of Bradford Zoning Code (Chapter 220) and either this article or Chapter 178, the provisions of this article and Chapter 178 shall control.
F. 
Demolition.
(1) 
In the case of structures of architectural or historical significance, the developer shall be required to show good cause as to why such structures cannot be preserved. All applications for demolition shall be required to show why structures cannot be preserved, except in the case of structures identified as having no architectural or historical significance (noncontributing to the district).
(2) 
Applications for demolition shall include plans for development of the site following demolition. Such plans must include an acceptable timetable and guarantees, which may include performance bonds/letter of credit for demolition and completion of the project. The time between demolition and commencement of new construction shall not exceed six months.
(3) 
Relocating structures of architectural or historic significance may be permitted as an alternative to demolition.
G. 
Demolition by neglect. All buildings and structures within the Bradford Historic District shall be maintained in good repair, structurally sound and reasonably protected against decay and deterioration.
The provisions of this article shall be deemed to be severable, and if any of such provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions of this article.
Unless otherwise specified or extended by the HARB, decisions on all applications granted after the effective date of this amendment shall expire after one year. This will occur if the applicant fails to obtain the necessary building permit to construct any project and begin actual construction or to comply with the conditions of said authorization within one year from the filing date of such decision thereof.
The Building Inspector 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 of the City of Bradford, set forth as follows in Chapter 80, Construction Codes, Uniform:
A. 
117.4 Violation penalties: Any person who shall violate any provision of this code or who shall fail to comply with any requirement thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official, or of a permit or certification issued under the provisions of this code, shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not exceeding $600 for each and every offense. Whenever such person shall have been officially notified by the Code Enforcement Officer or by service of a summons in a prosecution, or in any other official manner, that he/she is committing a violation of this article and issued a stop-work order, each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine.
B. 
18.2 Unlawful continuance: Any person who shall continue any work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine not exceeding $600. Each day's continuance of such violation after such notification shall constitute a separate offense punishable by a like fine.
Immediately upon the adoption of this article, the City of Bradford Secretary shall forward a copy thereof to the Pennsylvania Historical and Museum Commission. This article shall not take into effect until it has been advertised once in the newspaper of general circulation in the City of Bradford as required by law.
As used in this article the following terms shall have the meanings indicated:
ALTERATION
Any act or process requiring a building permit and any other act or process not requiring a building permit and any other act or process not requiring a building permit but specifically listed in this article as a reviewable action, including without limitation the repair, replacement, reconstruction, demolition or relocation of any structure or object, or any part of a structure which is visible from the public way.
BUILDING
A structure created to shelter any form of human activity, such as a house, barn, church, hotel or similar structure.
CERTIFICATE OF APPROPRIATENESS
A document evidencing approval by the Historic Architectural Board of Review of an application to make a material change in the appearance of a designated historic property or of a property located within a designated historic district.
DEMOLITION
The dismantling or tearing down of all or part of any building and all operations incidental thereto, including neglecting routine maintenance and repairs which can lead to deterioration resulting in its demolition.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, general design and general arrangement of the exterior of a building, structure or object, including but not limited to the kind of texture of the building material and the type and style of all windows and doors, signs and other appurtenant architectural fixtures, features, details or elements relative to the foregoing.
EXTERIOR ENVIRONMENTAL FEATURES
All those aspects of the landscape or the development of a site which affect the historical character of the property.
HISTORIC DISTRICT
A geographically definable area possessing a significant concentration, linkage or continuity of sites, buildings, structures or objects united by past events or aesthetically by plan or physical development. A district may also comprise individual elements separated geographically but linked by association or history.
HISTORIC PROPERTY
An individual building, structure, site or object, including the adjacent area necessary for the proper appreciation thereof designated by the Historic District.
A. 
Reconstruction or alteration of the size, shape or facade of an historic property, including relocation of any doors or windows or removal or alteration of any architectural features, details or elements.
B. 
Demolition of excavation for construction purposes.
C. 
Commencement of excavation for construction purposes.
D. 
A change in the location of advertising visible from the public right-of-way.
E. 
The erection, alteration, restoration or removal of any buildings or other structure within an historic property or district, including walls, fences, steps and pavements, or other appurtenant features.
OBJECT
A material thing of functional, aesthetic, cultural, historical or scientific value that may be, by nature or design, movable yet related to a specific setting or environment.
SITE
The location of a significant event, an historic occupation or activity or a building or structure, whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing structure.
STRUCTURE
A work made up of interdependent and interrelated parts in a definite pattern of organization. Constructed by man, it is often an engineering project large in scale.
[Adopted 5-12-2020 by Ord. No. 3283]
As used in this article, the following words and phrases shall have the meanings set forth below:
BUSINESS
Carrying on or exercising, whether for gain, profit or otherwise, within the City of Bradford's Historic District, any trade, service, profession, brokering, communication, consulting or other commercial activity or service, including but not limited to financial business, or making sales to persons or rendering services attributable to activity, an office or other physical place of business located within the City of Bradford's Historic District.
ELIGIBLE BUSINESS
Any business other than a wholesale dealer and/or wholesale vendor which begins operations or relocates to the City of Bradford's Historic District on or after July 1, 2019.
GROSS RECEIPTS
Cash, credits, (including, but not limited to legal obligations assigned by contract to another) and property of every kind and nature received or due from services rendered from or business transacted in, allocable to the City of Bradford's Historic District, without deduction therefrom but not limited to cost of any property sold or used, material utilized, labor service, interest paid or any other cost or expenditure.
MUNICIPAL GOVERNING BODY
The City of Bradford.
PROGRAM PARTICIPANT
An eligible business accepted into the program.
A. 
Program acceptance.
(1) 
Eligible business acceptance for the grant under the program shall be reviewed by the City of Bradford Office of Economic and Community Development upon the prescribed form (the "application"), which is attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the City offices.
(2) 
The application may be amended by the City of Bradford Office of Economic and Community Development from time to time.
B. 
Microgrant schedule. Upon completion and submission of the microgrant application form and supporting documentation, a microgrant shall be issued on the following schedule:
(1) 
Year in which business opens: 0.0075% of gross receipts.
(2) 
First year after business opens: 0.0075% of gross receipts.
(3) 
Second year after business opens: 0.0038% of gross receipts.
A. 
General program administration. The City of Bradford Office of Economic and Community Development shall manage and administrate the program.
B. 
Policies and procedures for program administration. The City of Bradford Office of Economic and Community Development shall promulgate rules, policies, procedures, and/or guidelines for the administration of the program, including, but not limited to, the furnishing of program participants' financial records, grant distributions schedules, grant distribution, program participants' reporting requirements, and program participants' continued eligibility.
C. 
The City of Bradford will furnish the grant funds after reviewing the data supplied by the Office of Economic and Community Development and verifying that the business is current on all taxes, fees, licenses, inspections, and all other mandatory requirements that govern said business.