City of Coatesville, PA Article X Historic Overlay District

§ 224-32 Legislative authority.

The Coatesville Historic Overlay District is hereby established in accordance with the following legislative acts:

A. Act No. 167 of the General Assembly of the Commonwealth of Pennsylvania dated June 13, 1961 (P.L. 282), as amended.[1]

[1] Editor's Note: See 53 P.S. § 8001 et seq.

B. Act No. 247, the Municipalities Planning Code, Sections 604(1) and 605(2)(vi), as amended.[2]

[2] Editor's Note: 53 P.S. § 10605(1) and (2)(vi).

§ 224-33 Purpose.

The Historic Overlay District has been established to:

A. Recognize structures and uses within the City which reflect the cultural, economic, social, political and architectural history of the City of Coatesville, the Commonwealth of Pennsylvania and the United States.

B. Protect historic resources listed on the National Register of Historic Places as well as those identified locally which are of historic value to the City of Coatesville.

C. Establish a procedure whereby the historic significance of resources listed in Subsection B above is considered when they are targeted for reconstruction, alteration, restoration, demolition or razing.

D. Mitigate negative effects associated with proposed changes to historic resources and discourage the unnecessary demolition of historic resources.

E. Encourage the continued use of historic resources and facilitate their appropriate reuse.

F. Implement the recommendations of the City of Coatesville Comprehensive Plan and Open Space, Recreation and Environmental Resources Plan, as amended.

§ 224-34 Establishment.

The Historic Overlay District shall include the following historic resources, as classified below:

A. Class I. Any structure or use listed individually as a National Landmarks or on the National Register of Historic Places, including but not limited to the following:

(1) High Bridge.

(2) Huston, Abram House and Carriage House.

(3) Lukens Main Office Building.

(4) National Bank of Coatesville Building.

(5) Terracina.

B. Class II. Any structure or use which is within a district listed on the National Register of Historic Places, including but not limited to the City of Coatesville Historic District.

C. Class III. Any structure or use which is not on the National Register of Historic Places but is determined to be of significance to the City of Coatesville and appropriately documented to that effect by the City of Coatesville Historical Commission.

§ 224-35 Applicability.

A. Class I. The provisions of this article shall apply when an applicant proposes to reconstruct, alter, restore, demolish or raze, in whole or in part, the exterior of a Class I historic resource which is visible from a public street or way.

B. Class II.

(1) Reconstruction, alteration or restoration. The provisions of this article shall apply when:

(a) An applicant proposes to reconstruct, alter or restore, in whole or in part, the exterior of a Class II historic resource which is visible from a public street or way; and

(b) The affected structure or use is permitted as a conditional use in the underlying district or is required to obtain a certificate of appropriateness by the supplemental regulations of Article X.

(2) Demolition or razing. The provisions of this article shall apply when an applicant proposes to demolish or raze, in whole or in part, the exterior of a Class II historic resource which is visible from a public street or way.

C. Class III. The provisions of this article shall apply when:

(1) An applicant proposes to reconstruct, alter or restore, in whole or in part, the exterior of a Class III historic resource which is visible from a public street or way; and

(2) The affected structure or use is permitted as a conditional use in the underlying district or is required to obtain a certificate of appropriateness by the supplemental regulations of Article X.

§ 224-36 Exemptions.

A. Destruction of historic resource. A historic structure which is involuntarily destroyed at least 75% by fire, explosion, flood or other phenomena or legally condemned may be reconstructed without being subject to the provisions of this article, provided that:

(1) The owner of the property had no prior knowledge or reason to believe such destruction would occur;

(2) The destruction was not caused directly or through neglect by the owner or his or her agent; and

(3) The owner provides a report to the Historical Commission documenting the cause of the destruction.

B. Projects approved by Secretary of Interior.

(1) Projects that the Secretary of Interior, as administered by the National Park Service, has approved as certified rehabilitation are deemed approved and need not be reviewed according to the provisions of this article, provided that:

(a) One copy of Part 1, Evaluation of Significance, and one copy of Part 2, Description of Rehabilitation Work, along with evidence of their approval from the National Park Service, are submitted to the Zoning Officer; and

(b) The project is proposed to be completed as stated in Part 2 of the application.

(2) The Zoning Officer is authorized to issue a permit for the reconstruction, alteration, restoration, demolition and razing of a historic resource if evidence is presented that the project is an approved certified rehabilitation according to the provisions of this chapter.

§ 224-37 General provisions.

A. Application of regulations. The provisions of this article shall overlay and supplement the provisions of the underlying zoning district. In the event that the provisions of the underlying zoning district and the provisions of this article are in conflict, the more restrictive provision shall apply.

B. Issuance of permits.

(1) No Class I, Class II or Class III historic resource shall be reconstructed, altered or restored, in whole or in part, before an application for a building permit has been fully reviewed by the Historical and Architectural Review Board (HARB), recommended for a certificate of appropriateness by the HARB and approved by the City Council.

(2) No Class I or Class II historic resource shall be demolished or razed, in whole or in part, before an application for a building permit has been reviewed by the Historical Commission and approved by the City Council.

C. Historic District Map. The City of Coatesville Historic District Map has been adopted by reference as part of this chapter and declared to be part of this article.[1] The boundaries of the Historic Overlay District Map shall be interpreted in accordance with Article III of this chapter. The Historic District Map may be revised periodically by legislative action of City Council after a public hearing. In considering any revision, including additions, deletions or change of classification, to the Historic District Map, the Council shall receive a written recommendation from the Historical Commission.

[1] Editor's Note: The Historic District Map is included at the end of Ch. 197, Subdivision and Land Development.

D. Routine maintenance and repair. Nothing in this article shall be construed so as to prevent the routine maintenance or repair of any exterior elements of any structure or use.

E. Public safety. Nothing in this article shall be construed so as to prevent the reconstruction, alteration, restoration, demolition or razing of any historic resource which the Zoning Officer shall certify as required for public safety.

§ 224-38 Historical Commission.

Chapter 27, Historical Commission, of the City of Coatesville Code contains provisions regulating the membership and duties of the Historical Commission. In addition to the duties prescribed by Chapter 27, Historical Commission, the Historical Commission shall perform the following functions attributed to it for the purposes of administering this chapter:

A. The Historical Commission shall keep on file up-to-date maps of the following:

(1) The location of historic resources, as defined in this article; and

(2) The Historic Overlay District, as defined in this article.

B. The Historical Commission shall make an annual report to the City Council, which should include, but not be limited to, an accounting of expenditures, justification for the appropriation of funds for the upcoming year, a record of actions taken by the Historical Commission in the preceding year and any recommendations for changes to this chapter.

C. The Historical Commission shall petition the City Council that defects or repairs of historic resources be undertaken for historic resources, in accordance with § 224-43.

D. In addition, upon specific authorization by the City Council, the Historical Commission may be empowered to:

(1) Conduct a survey of structures and uses for the purpose of determining those of historic and architectural significance, pertinent facts about the structures and uses and any action to be undertaken in coordination with the Planning Commission, Historical Commission and any other appropriate groups.

(2) Maintain and periodically revise the detailed listings of historic resources and data pertaining to the resources, appropriately classified with respect to national, state or local significance and to period or field of interest.

(3) Propose revisions to the existing Historic Overlay District, as defined in §§ 224-34 and 224-37C.

(4) Cooperate with and enlist assistance from the National Park Service, the National Trust for Historic Preservation, the Pennsylvania Historical and Museum Commission, the Chester County Historical Society, the Chester County Historic Preservation Office and other agencies, public and private, concerned with historic structures and uses.

(5) Prepare a design guide, describing colors and materials which are appropriate within the Historic Overlay District, to assist property owners or their agents who intend to reconstruct, alter or restore a historic resource and to provide guidance to the HARB when reviewing an application. The design guide is subject to approval from the City Council.

§ 224-39 Historical and Architectural Review Board.

A. Membership.

(1) The Historical and Architectural Review Board, hereinafter referred to as the "HARB," shall be composed of seven members, appointed by the City Council. The Council may designate the Historical Commission or a subcommittee thereof as the Historical and Architectural Review Board. Membership requirements for the HARB shall be as follows: at least one member shall be a registered architect; at least one member shall be a licensed real estate broker; at least one member shall be a building inspector; and at least one member shall be a member of the Planning Commission. The remaining members shall have a knowledge of and an interest in the preservation of the Historic Overlay District. A majority of the members shall be residents of the City of Coatesville.

(2) The position of any member of the HARB appointed in his or her capacity as a registered architect, licensed real estate broker, building inspector or member of the Planning Commission who ceases to be so engaged shall be automatically considered vacant. This does not apply to professional career positions which have been vacated for reasons of retirement.

(3) The initial terms of the members of the HARB shall be as follows: one member shall be appointed to serve until the first day of January following the date the HARB becomes effective; two members shall be appointed to serve until the first day of the second January thereafter; two members shall be appointed to serve until the first day of the third January thereafter; and two members shall be appointed to serve until the first day of the fourth January thereafter.

(4) The City Council shall appoint their successors on the expiration of their respective terms to serve for periods of three years. An appointment to fill a vacancy shall be only for the unexpired portion of the term.

(5) Any member may be removed from the HARB for cause, by a majority vote of the City Council taken after the member has received notice 15 days in advance of the intent to take such a vote. A hearing shall be held in connection with the vote if the member shall request it in writing.

B. Officers. The HARB shall elect its own Chair, Vice Chair and Secretary and create and fill such other offices as it may determine. Officers shall serve annual terms and may succeed themselves.

C. Rules and regulations. The HARB may make and alter bylaws and regulations to govern its procedure consistent with the ordinances of the City of Coatesville and the laws of the Commonwealth of Pennsylvania.

D. Quorum. A majority of the HARB shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of a quorum.

E. Reimbursement. The members of the HARB shall serve without compensation but may be reimbursed for direct expenses.

F. Powers and duties of the HARB.

(1) The HARB shall give counsel to the City Council regarding the advisability of issuing a certificate of appropriateness for the reconstruction, alteration or restoration of historic resources within the Historic Overlay District. The HARB's recommendation to the City Council shall be in the form of a written report, in accordance with the provisions set forth in § 224-40B below.

(2) The HARB shall make an annual report to the City Council, which should include, but not be limited to, an accounting of expenditures, justification for the appropriation of funds for the upcoming year, a record of actions taken by the HARB in the preceding year and any recommendations for changes to this article.

(3) The HARB shall hold a regularly scheduled monthly public meeting, provided that there is business to conduct and shall record minutes and transmit them to the City Council.

(4) The HARB shall hold any additional public meetings and hearings as necessary to execute its powers and duties as required by this article or the laws of the Commonwealth of Pennsylvania.

§ 224-40 Review procedures.

A. Demolition of historic resources. Applications for a building permit required to demolish or raze a historic resource are reviewed by the Historical Commission for its recommendation, which is submitted to the City Council for its determination in accordance with § 224-40C.

(1) All applications for demolitions received by the Code Officer will be reviewed against the Historic Overlay District Map. If the application involves an historic resource, the Zoning Officer will advise the applicant that they must comply with the procedures and requirements of this section.

(2) Application requirements for the demolition of a Class I or II historic resource. In addition to any other applicable requirements under city codes, any applicant seeking a permit to demolish an historic resource shall submit the following information in the form of a written report and exhibits. The report shall be filed with the Zoning Officer, who shall forward it to the Chairman of the Historical Commission.

(a) Owner of record.

(b) Classification on Historic District Map.

(c) Site plan showing all buildings and structures on the property.

(d) Recent photographs of the resource proposed for demolition.

(e) Reasons for demolition.

(f) Method of demolition.

(g) Future uses of the site and of the materials from the demolished resource.

(3) Permit review procedures.

(a) Upon determination by the Zoning Officer and the Chairman that a complete application for a building permit for demolition or razing of a historic resource has been filed, the Historical Commission shall review the permit application at its regularly scheduled public meeting or at a special hearing, to take place within 30 days of the date of filing the complete application, to consider the recommendation which it will give to the City Council.

(b) The applicant shall be advised of the time and place of said meeting or hearing and shall be invited to appear to explain his or her reasons therefor. Additional hearings, if necessary, shall be scheduled within 30 days of each other, unless mutually agreed otherwise by the Historical Commission and the applicant.

(c) Within 30 days of the final hearing, or before its next regularly scheduled meeting, the Historical Commission shall submit a report to the City Council and the applicant. The report shall include:

[1] The exact location of the historic resource in question.

[2] A description of the proposed demolition involving the historic resource.

[3] A list of adjacent structures or uses, documenting their general exterior architectural characteristics.

[4] The extent to which the proposal meets the criteria set forth in Subsection A(4) below.

[5] A recommendation to approve, approve with conditions or disapprove the building permit. The reasons for the recommendation shall be set forth and, in the event of a conditional approval or disapproval, the changes in the applicant's plans which are necessary for Historical Commission approval.

(d) If the Historical Commission shall fail to transmit such report within 30 days after the final hearing, the application shall be deemed to be recommended for approval, except where mutual agreement has been made for an extension of the time limit.

(e) If an applicant receives conditional approval and decides to make the necessary changes, he or she shall so notify the Historical Commission and the City Council, in writing, prior to the next regularly scheduled meeting of the City Council.

(f) If the applicant intends to refile revised plans to remedy the defects which led to the recommendation for disapproval, the same review period and procedure set forth above shall apply.

(g) Before the Historical Commission recommends approval or denial of the demolition or razing of a historic resource, in whole or in part, it may request the City Council to direct the City Engineer, at the expense of the applicant, to provide it with a report on the state of repair and stability of the historic resource under consideration.

(4) Historical Commission review standards. In making a recommendation for the demolition or razing of a historic resource, the Historical Commission shall consider:

(a) The extent to which the historic resource constitutes an immediate threat to the public health, safety and welfare.

(b) The significance of the historic resource to the historic and architectural integrity and the economic vitality of the Historic Overlay District.

(c) The extent to which the applicant demonstrates that the property owner is not capable of earning an economic return, as appraised by a qualified real estate appraiser.

(d) The extent to which the deterioration of the historic resource and loss of economic use has been the result of the applicant's actions.

(e) The efforts made by the applicant to successfully market the historic resource.

(f) The proposed construction after demolition and its impact on the integrity of the Historic Overlay District.

B. Reconstruction, alteration or restoration of historic resources. Applications for certificates of appropriateness are reviewed by the HARB for its recommendation, which is submitted to the City Council for its determination in accordance with § 224-40C.

(1) HARB preapplication review procedure.

(a) Prior to the preparation of working drawings and specifications or calling for proposals or bids from contractors and developers, owners or agents may prepare preliminary scale drawings and outline specifications for review and informal discussion with the HARB. The purpose of this review shall be to acquaint the developer, owner or agent with standards of appropriateness of design that are required of his or her proposed development.

(b) The preapplication review shall not require formal application but does require notice to be given to the Zoning Officer and subsequent notification to the Chair of the HARB at least seven days before the date of the meeting at which the preliminary drawings are to be discussed. Five copies of all documents shall be submitted to the Zoning Officer, who shall forward one copy to the Chairman of the HARB.

(c) In the case of minor repairs, the HARB may recommend approval at one review session if the preliminary drawings and other materials are sufficiently clear and explicit. Should said material indicate that the proposed minor repairs will not change the exterior appearance of the historic resource, the HARB may exempt the application from provisions of this article and recommend approval of a certificate of appropriateness.

(2) HARB full review procedure.

(a) Application.

[1] If, upon the determination of the Zoning Officer, an application for a land development or building permit affects a Class I, Class II or Class III historic resource, the Zoning Officer shall inform the applicant of the specific requirements of this article.

[2] Five copies of all drawings and plans for reconstruction, alteration or restoration shall be submitted. The drawings and plans shall be prepared by a design professional and shall include:

[a] Plans and exterior elevations, drawn to scale, with sufficient detail to show, as it relates to exterior appearances, the architectural design of the historic resource, including proposed materials, textures and colors and dimensions.

[b] Plot or site plans, drawn to scale not smaller than one inch equals 50 feet, showing adjoining property lines and adjacent streets from which the proposed activity may be viewed and all improvements affecting appearances, such as walls, walks, terraces, landscaping, accessory buildings, parking, signs, lights and other elements.

[c] A location map, using the City Zoning Map, drawn at a not smaller than one inch equals 200 feet, indicating the general location of the historic resource in relation to nearby roads and properties.

[d] In cases where reconstruction, alteration or restoration of a historic resource is proposed, the application shall be accompanied by a set of legible black-and-white or color photographs showing all sides of the historic resource and photographs showing the adjacent properties and the relationship of the historic resource to them.

[e] In cases where demolition or razing of portions of an historic resource is proposed, the application for a permit to demolish shall be accompanied by a set of legible black-and-white or color photographs showing all sides of the historic resource under consideration and any interiors which relate its state of disrepair or substantiate the need for demolition and photographs showing the contiguous properties and the relationship of the historic structure to them.

[3] All of the above-mentioned materials shall be filed with the Zoning Officer, who shall forward them to the Chairman of the HARB. The Zoning Officer and the Chair of the HARB shall determine if the application is complete.

(b) HARB review.

[1] Upon determination by the Zoning Officer and the HARB that a complete application for a land development or building permit for the reconstruction, alteration or restoration of a historic resource has been filed, the HARB shall review the permit application at its regularly scheduled public meeting or at a special hearing, to take place within 30 days of the date of the filing of the complete application, to consider the recommendation which it will give to the City Council.

[2] The applicant shall be advised of the time and place of said hearing and shall be invited to appear to explain his or her reasons therefor. Additional hearings, if necessary, shall be scheduled within 30 days of each other, unless mutually agreed otherwise by the HARB and the applicant.

[3] Within 30 days of the final hearing or before its next regularly scheduled meeting, the HARB shall submit a report to the City Council and the applicant. The report shall include:

[a] The exact location of the historic resource in question.

[b] A description of the proposed reconstruction, alteration or restoration affecting the historic resource.

[c] A list of adjacent structures or uses, documenting their general exterior architectural characteristics.

[d] Proposed improvements, including but not limited to landscaping plans, grading, parking, sidewalks and driveways.

[e] The finished height and width of any proposed construction or alterations.

[f] The extent to which the proposal meets the design criteria set forth in Subsection B(3) below.

[g] A recommendation to approve, approve with conditions or disapprove a certificate of appropriateness or building permit. The reasons for the recommendation shall be set forth, and in the event of a conditional approval or disapproval, the changes in the applicant's plans which are necessary for HARB approval.

[4] If the HARB shall fail to transmit such report within 30 days after the final hearing, the application shall be deemed to be approved, except where mutual agreement has been made for an extension of the time limit.

[5] If an applicant receives conditional approval and decides to make the necessary changes, he or she shall so notify the HARB and the City Council, in writing, prior to the next regularly scheduled meeting of the City Council.

[6] If the applicant intends to refile revised plans to remedy the defects which led to the recommendation for disapproval, the same review period and procedure set forth above shall apply.

[7] Before the HARB approves or denies demolition or razing of portions of a historic resource, it may call upon the City Engineer, at the expense of the applicant, to provide it with a report on the state of repair and stability of the historic resource under consideration.

(3) HARB review standards. The HARB shall use the criteria established in this section when formulating its recommendation regarding the issuance of a certificate of appropriateness.

(a) The HARB shall consider 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 historic resource and the relation of such factors to similar features of structures and uses within the Historic Overlay District. This includes, but is not limited to, cleaning methods, such as sandblasting or solvent washdown; the application of nonstructural surface texture or veneers, such as stucco or siding; replacement of similar types of windows, doors and other minor building elements; and the alteration of decorative elements, such as cornices or trim. The HARB shall not consider any matters not pertinent to the preservation of the historic aspect and nature of the Historic Overlay District.

(b) The HARB may recommend against the issuance of a certificate of appropriateness for the reconstruction, alteration or restoration of any historic resource within the Historic Overlay District which, in the HARB's opinion, would be detrimental to the district and against the public interests of the City.

(c) In determining the counsel to be presented to the City Council concerning the issuing of a certificate of appropriateness authorizing a permit for the reconstruction, alteration or restoration of a historic resource, in whole or in part, within the Historic Overlay District, the HARB shall consider the following relative to existing structures and uses:

[1] The significance of the historic resource to the historic and architectural integrity of the Historic Overlay District.

[2] The development history of the historic resource and its components and the historic period most represented in its existing condition.

[3] The historic period or periods the applicant proposes to use as the exterior appearance objective.

[4] The quality of the documentation used by the applicant to substantiate the proposed exterior appearance objective.

(d) Compliance with Department of Interior's standards for rehabilitation. When making its decision relative to the appropriateness of the proposal, the HARB shall consider the most current version of the guidelines for rehabilitating historic resources of the United States Department of the Interior and the degree to which the proposed work complies with such standards. At the minimum, the following general standards shall be used:

[1] Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the historic resource or site and its environment or to use a property for its originally intended purpose.

[2] The distinguishing original qualities or character of a historic resource and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.

[3] All historic resources shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier appearance shall be discouraged.

[4] Changes which may have taken place in the course of time are evidence of the history and development of a historic resource 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 which characterize a historic resource 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 duplications of features, substantiated by historic, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other structures or uses.

[7] The surface cleaning of historic resources shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.

[8] Contemporary design for alterations and additions to existing historic resources shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment.

[9] Wherever possible, new additions or alterations to historic resources shall be done in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the historic resource would not be impaired.

(e) Historical Commission design guide. When making its decision relative to the appropriateness of the proposal, guidelines published by the Historical Commission and approved by the City Council shall be considered.

C. City Council review. The City Council makes the final determination on issuing a building permit to demolish a historic resource or a certificate of appropriateness to reconstruct, alter or restore an historic resource.

(1) Upon receipt of the report from the Historical Commission or HARB, the City Council, at its next regularly scheduled meeting, shall consider whether to grant the applicant a certificate of appropriateness or building permit, as the case may be.

(2) The applicant shall be advised by the Codes Administrator of the time and place of the meeting at which his or her application shall be considered. The applicant shall have the right to attend this meeting and comment on his or her application.

(3) In making its determination, the City Council shall consider the Historical Commission or HARB report and the same criteria used by the Historical Commission or HARB as set forth in this article.

(4) If the City Council approves an application for the reconstruction, alteration or restoration of a historic resource, it shall issue a certificate of appropriateness, authorizing the Zoning Officer to issue a building permit for the work proposed in the application.

(5) If the City Council approves an application for demolition or razing of a historic resource, it shall authorize the Zoning Officer to issue a building permit. In an effort to seek alternatives to demolition, the City Council may delay the issuance of a building permit for up to 60 days, provided that the conditions set forth in § 224-41 are met.

(6) If the City Council disapproves the application, it shall do so in writing, and copies shall be given to the applicant, Zoning Officer and Pennsylvania Historical and Museum Commission. The disapproval shall set forth the reasons therefor and shall indicate the reasons for disapproval and changes in the applicant's plans which are necessary to meet the City Council approval.

(7) The City Council shall notify the applicant of its decision within 10 days of its meeting at which the application was considered, unless mutually agreed otherwise.

§ 224-41 Procedure for approved demolition or razing.

When the City Council has delayed issuance of a building permit for demolition or razing of a historic resource, as prescribed in § 224-40C(5) above, the applicant shall take the following steps during the required sixty-day delay period:

A. Give notice of the approved demolition or razing in the same manner prescribed in § 224-86A.

B. Make a bona fide offer to sell the historic resource at a price reasonably related to its fair market value to any person, firm, corporation, government or agency, which gives reasonable assurance that it is willing to preserve and restore the historic resource. Prior to making such offer to sell, an owner shall first file a statement with the Historical Commission, identifying the property, the offering price and the date the offer to sell shall begin. The sixty-day delay period shall not begin until such statement has been filed.

C. Demonstrate to the City Council that the requirements of this section have been met.

§ 224-42 Hardships.

A. The City Council, upon recommendation from the HARB or Historical Commission, may issue a certificate of appropriateness or building permit where the standards otherwise set forth in this chapter are not met, but where the Council determines that failure to issue the certificate or building permit would result in undue hardship to the owner of the property. Before the City Council issues a certificate or permit, the records must show that:

(1) The property cannot yield a reasonable economic return or that the owner cannot make any reasonable use of the property.

(2) The plight of the owner is due to exceptional or unique circumstances and not to the general applicability of this chapter.

(3) The conditions or circumstances which constitute the hardship were not caused or created by the property owner subsequent to the effective date of this chapter.

B. For the purpose of Subsection A(1) above, "reasonable economic return" shall not be construed to mean a maximum return, and "reasonable use" shall not be construed to mean highest and best use.

§ 224-43 Maintenance of historic resources.

A. All historic resources should be preserved against decay and deterioration and maintained free from structural defects by the owner or such other person who may have the legal custody and control thereof. Said owner or other person having legal custody and control thereof should repair and thereafter maintain said historic resource in a manner consistent with the Building Code and other pertinent regulations of the City of Coatesville. The provisions of this article shall not be construed to require a level of maintenance greater than that required under provisions of other pertinent city regulations.

B. The Historical Commission, on its own initiative, may file a petition with the City Council requesting that the owner or such other person who may have the legal custody and control thereof proceed under Chapter 82, Building Construction, of the Code of the City of Coatesville to require correction of defects or repairs to any historic resource so that it shall be preserved and protected in consonance with the purpose of this article and the public safety.

§ 224-44 Appeals.

The applicant may appeal the denial of the issuance of a certificate of appropriateness or building permit in accordance with the appeals provisions of Article XVI of this chapter and the Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 224-45 Inspection.

When a certificate of appropriateness has been issued, a copy thereof shall be transmitted to the Zoning Officer, who shall from time to time, inspect the work approved by such certificate.

§ 224-46 Unlawful acts.

A. It shall be a violation of this chapter to reconstruct, alter or restore a Class I, Class II or Class III historic resource, in whole or in part, before an application for a building permit has been fully reviewed by the Historical and Architectural Review Board (HARB), recommended for a certificate of appropriateness by the HARB and approved by the City Council.

B. It shall be a violation of this chapter to demolish or raze, in whole or in part, a Class I or Class II historic resource before an application for a building permit has been reviewed by the Historical Commission and approved by the City Council.

C. It shall be a violation of this chapter to perform any reconstruction, alteration or restoration of a historic resource which is not in accordance with an approved certificate of appropriateness.