Ambridge City Zoning Code
ARTICLE VII
H Historic District
§ 310-36 Purpose.
To protect a portion of the Borough of Ambridge which recalls the rich architectural and cultural heritage of the Borough and the state, to awaken in our people an interest in our historic past, and to promote the general welfare, education and culture of the Borough, there is hereby created in the Borough of Ambridge a historic district to be known as "Ambridge Historic District," located in the Old Economy Area, Borough of Ambridge, Beaver County, Pennsylvania.
§ 310-37 Boundaries.
A.
The limits of the Ambridge Historic District are defined as follows:
(1)
Beginning at a point, said point being the intersection of the westerly line of the Economy Belt Line and the southerly right-of-way line of Wagner Street, being located on the easterly line of Block 12, Ambridge Borough; thence along the southerly right-of-way of Wagner Street south 89° 11' west 390.50 feet to a point on the easterly line of Merchant Street; thence by the easterly right-of-way line of Merchant Street south 0° 19' east 200.00 feet to the southerly line of the Village Plan of Lots as laid out by the Fort Pitt Improvement Company (P.B. 1, p. 241, May 1904); thence along the southerly line of said plan south 89° 11' 16" west 856.66 feet to a point on the easterly right-of-way line of Pennsylvania T.R. 65, L.R. 641;
(2)
Thence by easterly right-of-way line the following courses and distances: north 3° 55' 59" west 216.5± feet; thence by a curve to the right of radius 7579.49 feet and an arc of 261.84 feet; thence south 88° 02' 46" west 10.00 feet; thence by a curve to the right of radius 7,589.49 feet and an arc of 18.0 feet; thence south 88° 10' 46" west 10.00 feet; thence by a curve to the right of radius 7599.49 feet and an arc of 227.14 feet; thence north 0° 06' 29" west 63.91 feet; thence north 89° 54' 16" east 10.0 feet; thence north 0° 06' 29" west 16.0 feet; thence south 89° 54' 16" west 10.0 feet; thence north 0° 06' 29" west 230.0 feet; thence north 89° 54' 16" east 20.0 feet; thence north 0° 06' 29" west 179.0 feet; thence south 89° 54' 16" west 5.0 feet; thence north 0° 06' 29" west 70.0 feet; thence north 89° 03' 31" east 5.0 feet; thence north 0° 06' 29" west 382.15 feet to a point, said point being 9.5± feet north of the southerly line of lot No. 29 in Block 16 of the Economy Plan of French Point and Village Lots as laid out by the Fort Pitt Improvement Company (P.B. 1, p. 235, October 1903); thence through said lot No. 29, north 88° 59' 31" east 50± feet to the easterly line of said lot No. 29;
(3)
Thence south 1° 00' 29" east 9.5 feet to a point at the northwest corner of lot No. 24 in said plan; thence by the northerly line of lot Nos. 1 through 24, north 88° 59' 31" east 752.52 feet to a point on the easterly right-of-way, south 26° 24' 37" east 145± feet; thence by same, south 46° 24' 37" east 133.65 feet to the northwesterly corner of Block 15 in said Economy Plan; thence by the northerly line of Block 15, north 89° 03' 31" east 94.37 feet to the northeasterly corner of lot No. 4; thence by the easterly line of lot No. 4 and crossing Laughlin Street, south 0° 06' 29" east 120.00 feet to a point on the southerly right-of-way line of Laughlin Street; thence by said right-of-way line, south 89° 03' 31" west 8.30 feet to the northeasterly corner of lot No. 17; thence by the easterly line of lot No. 17 and crossing Fifteenth Street, south 0° 24' 16" east 130.00 feet to a point on the southerly right-of-way line of Fifteenth Street; thence by said right-of-way line south 89° 54' 16" west 2.42 feet to the northeast corner of lot No. 3 in Block 14 in said Economy Plan;
(4)
Thence by the easterly line of lot No. 3, south 0° 24' 16" east 70.00 feet to the northerly line of lot No. 21; thence by the northerly line of lot No. 21, north 89° 54' 16" east 6.16 feet to the northeast corner of lot No. 21; thence by the easterly line of lot No. 21 and crossing Boyleston Street, south 0° 24' 16" east 120.96 feet to a point on the northerly right-of-way line of Boyleston Street; thence by said right-of-way line, north 89° 54' 16" east 108.60 feet to a point; thence south 0° 24' 16" east 110 feet, crossing Boyleston Street to a point on the northerly side of Fourteenth Street, said point being the southeast corner of lot No. 32; thence by said right-of-way line, north 89° 54' 16" east 189.20 feet to a point on the westerly right-of-way line of the Economy Belt Line; thence by the westerly right-of-way line of the Economy Belt Line, south 01° 20' 45" east 653.68 feet to the place of beginning for the parcel herein described.
B.
The above is a description of the Ambridge Historical Zone and the information was obtained from plat books, Pennsylvania Department of Highways construction drawings, county tax maps and Borough maps. No field survey work was performed for the purpose of this Ambridge Historical Zone description.
§ 310-38 Prerequisite for effectiveness.
Immediately upon the adoption of this article, the Borough Secretary shall forward a copy thereof to the Pennsylvania Historical and Museum Commission. This article shall not take effect until:
§ 310-39 Limited commercial uses.
[Amended 10-19-1998 by Ord. No. 1135]
A.
The following limited commercial uses shall be permitted in this district, provided such use is confined within the walls of the existing structure or such alteration, erection or reconstruction as permitted in this section:
(1)
Craft shops.
(2)
Antique shops.
(3)
Family-oriented specialty gift shops.
(4)
Family-oriented bookstores.
(5)
Real estate offices.
(6)
Professional offices, such as physician, attorney, engineer or architect.
(7)
Artist studios and retail outlet for artwork.
(8)
Historic crafts similar to those practiced by the Harmony Society, such as metal work, potter, hatter or weaver.
(9)
Inn or bed-and-breakfast.
(10)
Restaurant, coffee shop or ice cream shop.
B.
A certificate of appropriateness shall be required for such use as hereinafter provided.
§ 310-40 Building codes.
[Amended 10-19-1998 by Ord. No. 1135]
Any erection, reconstruction or alteration of a structure in this district for a limited commercial use as herein permitted shall comply with all applicable federal, state and Borough regulations, codes and ordinances.
§ 310-41 Accessory structures and signs.
[Amended 10-19-1998 by Ord. No. 1135]
Sheds and enclosed areas for trash service and storage and signs shall be permitted as accessory uses, provided they are compatible with the architecture of this district and approved by the Review Board and Borough Council and a certificate of appropriateness is issued as herein provided.
§ 310-42 Board of Historical Review established.
A Board of Historical Architectural Review is hereby established, to be composed of seven members appointed by the Ambridge Borough Council, one of whom shall be a registered architect, one a licensed real estate broker, one the Code Enforcement or Zoning Officer of the Borough and four additional persons with a knowledge of and an interest in the preservation of the district. At least four of the above members shall be residents of the Historic District or be owners of real property therein. The initial terms of the first seven members of the Board shall be as follows: One shall serve until the first Monday of January 1972, two until the first Monday of January 1973, two until the first Monday of January 1974, and two until the first Monday of January 1975. Their successors shall serve for terms of five years. The position of any member of the Board appointed in his capacity as a registered architect, a licensed real estate broker or as the Code Enforcement/Zoning Officer of the Borough who ceases to be so engaged shall be automatically considered vacant. An appointment to fill a vacancy shall be only for the unexpired portion of the term.
§ 310-43 Advisory to Borough Council; operation of Board.
The Board shall give counsel to Borough Council regarding the advisability of issuing any certificates required to be issued pursuant to the Act of June 13, 1961[1] and this article. For the purpose, the Board may make and alter rules and regulations for its own organization and procedures consistent with this chapter and the laws of the commonwealth. A majority of the Board shall constitute a quorum, and action taken at any meeting shall require the affirmative vote of a majority of the Board. The members of the Board shall serve without compensation and shall make an annual report of their transactions to Borough Council.
[1]
Editor's Note: See 53 P.S. § 8001 et seq., the Municipal Historic Districts Law.
§ 310-44 Permit issued by Code Enforcement/Zoning Officer.
[Amended 10-19-1998 by Ord. No. 1135]
The Code Enforcement/Zoning Officer shall not issue a permit for any erection, reconstruction, alteration, restoration, demolition or razing of a building or issue an occupancy permit for a limited commercial use permitted in § 310-39 in this district until the Borough Council has issued a certificate of appropriateness.
§ 310-45 Procedure by Code Enforcement/Zoning Officer upon receipt of permit application.
[Amended 10-19-1998 by Ord. No. 1135]
Upon receipt of an application for a building permit for any erection, reconstruction, alteration, restoration, demolition or razing of a building in this district or for an occupancy permit for a limited commercial use of a building in this district, the Code Enforcement/Zoning Officer shall:
A.
Forward to the office of the Board of Historical Architectural Review a copy of the application for a building permit or occupancy permit, together with a copy of any plot plan or building plans and specifications, filed by the applicant.
B.
He shall maintain in his office a record of all such applications and of his handling and final disposition of the same, which shall be in addition to and appropriately cross-referenced to his other records.
C.
Require applicants to submit a sufficient number of additional copies of material required to be attached to an application for a building permit or occupancy permit to permit compliance with the foregoing.
§ 310-46 Review of application by Board for certificate of appropriateness.
[Amended 10-19-1998 by Ord. No. 1135]
Upon receipt by the Board of a notice that an application for a building permit for the erection, reconstruction, alteration, restoration, demolition or razing of a building or buildings in this district or an application for an occupancy permit for a limited commercial use as provided in § 310-39 has been filed in the office, the Board will give notice to the Borough Council of a meeting to review said application. The person applying for the permit shall be advised of the time and place of said meeting and invited to appear to explain his reasons therefor. The Board may invite such other person or persons as it desires to attend the meeting.
§ 310-47 Factors in Board review.
[Amended 10-19-1998 by Ord. No. 1135]
In determining the counsel to be presented to the Borough Council concerning the issuing of a certificate of appropriateness for authorizing a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or any part of any building within this district or an application for a limited commercial use as provided in § 310-39, the Board shall consider the following matters:
A.
The effect of the proposed changes upon the general historic and architectural nature of this district.
B.
The appropriateness of exterior architectural features which can be seen from a public street or way only.
C.
The general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings or structures in this district. The Review Board shall establish and prepare a manual setting forth the details of such design, arrangement, texture and structure. This manual shall be available to the general public at the Borough Building during regular business hours.
D.
In an application for limited commercial use, the Board shall consider the adequacy of parking and the compatibility of the use to the historic nature of the district.
§ 310-48 Refusal by Board to grant certificate of appropriateness.
[Amended 10-19-1998 by Ord. No. 1135]
If the Board, on the basis of the information received at a meeting and from its general background and knowledge, decides to counsel against the granting of a certification of appropriateness, it shall indicate to the applicant for a building permit or occupancy permit the changes in plans and specifications, if any, that in the opinion of the Board would protect the distinctive historical character of this district. The Board shall withhold its report to the Borough Council for a period of 10 days following its decision to allow the applicant to decide whether or not to make the suggested changes in his plans and specifications. If the applicant determines that he will make the suggested changes, he shall so advise the Board, which shall counsel the Borough Council accordingly.
§ 310-49 Board's report after changes made in refused plans.
[Amended 10-19-1998 by Ord. No. 1135]
The Board, after the meeting provided for in § 310-46, shall submit to the Borough Council at a regular or special meeting and in writing its counsel concerning the issuance of a certificate appropriateness for authorizing a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or part of any building within this district or a permit for limited commercial use. The written report shall set out 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 created.
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 this district.
E.
The appropriateness of exterior architectural features which can be seen from a public street or way only.
F.
The general design, arrangement, texture, material and color of the building or structure and the relation of such factors to similar features of buildings or structures in this district.
G.
The opinion of the Board (including any dissent) as to the appropriateness of the work proposed or the use proposed as it will preserve or destroy the historic aspect and nature of this district.
H.
The specific counsel of the Board as to the issuance by the Borough Council or its refusal to issue a certificate of appropriateness.
§ 310-50 Review of revised permit application for certificate of appropriateness.
[Amended 10-19-1998 by Ord. No. 1135]
A.
Upon receipt of the written counsel of the Board as provided in § 310-49, the Borough Council shall consider at a regular or special meeting the question of issuing to the Code Enforcement or Zoning Officer a certificate of appropriateness authorizing a permit for the work or use covered by the application. The applicant shall be advised by the Borough Secretary of the time and place of the meeting at which his application will be considered and shall have the right to attend and be heard as to his reasons for filing same.
B.
In determining whether or not to certify as to the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within this district or the limited commercial use provided in § 310-39, the Borough Council shall consider the same factors as the Board of Historical Architectural Review set forth in § 310-47 and the report of the Board. If the Borough Council approves the application, it shall issue a certificate of appropriateness authorizing the Code Enforcement or Zoning Officer to issue a permit for the work or use covered. If the Borough Council disapproves, it shall do so in writing and copies shall be given to the applicant, the Code Enforcement/Zoning Officer, and to the Pennsylvania Historical and Museum Commission. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of this district.
§ 310-51 Appeals.
Upon receipt of the written disapproval of the Borough Council, the Code Enforcement/Zoning Officer shall disapprove the application for a building permit and so advise the applicant. The applicant may appeal from the disapproval as provided by law and the building codes of the Borough.
§ 310-52 Enforcement.
The Code Enforcement or Zoning Officer shall have the power to institute any proceedings at law or in equity necessary for the enforcement of this article and the building codes of the Borough as presently enacted or as the same may from time to time be amended.
§ 310-52.1 Violations and penalties.
[Added 3-8-2016 by Ord. No. 1284]
Any person who violates any provision of this article shall commit a summary offense, and shall, upon being found guilty by a Magisterial District Judge, after a hearing, pay a fine not to exceed $600, together with all enforcement and court costs as permitted by law. Each day of violation shall constitute a separate offense, which shall be subject to prosecution as such. Enforcement and prosecution of any violation of this article may be conducted by the Borough, its agent or its counsel as provided by law.