Two citizen members shall be preservationists, historians, architectural historians, art historians, public historians, and/or landscape architects.

Two citizen members shall be licensed architects or architectural professionals with at least five years of experience who have an interest and background in historic preservation.

One citizen member shall be a representative of the viewpoints of the real estate community, who may be recommended by the Greater Erie Board of Realtors and/or an economic development specialist.

Two citizen members shall be any two citizens who have demonstrated an outstanding interest and/or knowledge of historic preservation or community revitalization in the City of Erie. Examples of outstanding interest can include ownership and maintenance of a historic building within the City or active membership with a community or preservation organization.

Ex officio members shall be appointed by the Mayor and shall include one staff from the Department of Planning and Neighborhood Resources and one staff from the Redevelopment Authority of the City of Erie.

Investigate and report on the appropriateness of structures, districts, sites and objects which are being considered by City Council for historic designation and to make recommendations to the Council about approval or disapproval of such designations.

Review all demolition permits, building permit and sign permit applications involving new construction or any activity that affects the exterior of a property visible from the public way and make determinations concerning the appropriateness of the work proposed in such permit applications.

Issues certificate of appropriateness decisions on all activity regulated by this article.

See that appropriate standards and guidelines are established for each historic district and see that the residents of the geographical area being considered for designation are involved in developing and amending those standard guidelines for their district.

Seek recommendations from community groups on decisions involving applications for approval within the respective districts.

Carry on educational activities in furtherance of the purpose of this article and preservation plans for the City of Erie.

Act in an advisory role to City departments and agencies related to preservation matters.

Facilitate the redevelopment of historic structures and districts in accordance with approved development plans of the City.

Act as liaison on behalf of the City with preservation organizations, professional societies, community and other groups, private property owners, and interested citizens, concerning conservation of the historic resources of the City.

Act as a liaison on behalf of the City with State of Pennsylvania Historic Preservation Officer, agencies of the Federal government, the National Advisory Council on Historic Preservation, and the National Trust for Historic Preservation, concerning the historic resources of the City.

Prepare plans for the conservation and development of historic resources in conjunction with the Erie Planning Commission.

Undertake or encourage and facilitate the documentation of the architecture and history of the City's historic resources.

Participate in ongoing training to increase skillsets and learn about important preservation activities and tools.

Each HRC member shall serve a three-year term of office. Any appointed member of the HRC may be removed from office by the Mayor for just cause and with the approval of Council. The Mayor shall submit reasons constituting cause in writing to the Commission and to the Council. An appointment to fill a vacancy shall be only for the unexpired portion of the term.

Commissioners may serve a maximum number of three three-year terms. Commissioners appointed to serve the unexpired portion of a vacant term shall not have that unexpired term count towards their maximum number of terms they may serve.

Ex officio members shall serve in perpetuity unless they leave office or are replaced by the Mayor.

Historic Review Commission members may continue to serve after the expiration of their term until such time they are replaced.

Officers: At the first meeting of the HRC and then the first meeting of each year afterwards, the HRC shall appoint the Chairperson, Vice Chairperson, Secretary and any other officers of the HRC. The Chairperson shall be responsible for calling all meetings within the prescribed time limitations as set forth in this resolution. The Secretary shall keep the minutes of the meetings and a permanent record of all resolutions, motions, transactions and determinations. The HRC may delegate secretarial duties to support staff as needed.

Meetings. An official meeting of the HRC cannot be called to order without the establishment of a quorum of four voting Historic Review Commission members. All members of the HRC shall be entitled to vote and the decision of the HRC shall be determined by a majority vote of the Historic Review Commission members present at the meeting.

That are associated with events that have made a significant contribution to the broad patterns of Erie history; or

That are associated with the lives of persons significant in Erie's past; or

That embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or

That have yielded or may be likely to yield information important in Erie's prehistory or history; or

That represent a cultural, historic, architectural, archaeological or related theme expressed through distinctive areas, properties, sites, structures or objects that may or may not be contiguous; or

That exhibit a unique location or distinctive physical appearance or presence representing an established and familiar visual feature of a neighborhood, community, or Erie.

The owner of record; or

Any person presently residing in the City of Erie who has established residency in the City of Erie for at least one year prior to nomination; or

By a member of City Council, City Planning Commission, the Historic Review Commission, or the Mayor. Nomination by one of these members shall not preclude that member from full participation in the review of the nomination nor from voting on the recommendation or designation; or

Any community-based organization that focuses the majority of its resources within the City of Erie limits or its primary organizational mission is historic preservation.

Community information process. Preceding submission of a nomination form for a District, the Historic Review Commission shall conduct at least one public information meeting within or near the boundaries of the proposed district, that shall include at least one member of the Department of City Planning and one Commission member, to discuss the possible effects of designation. Notice shall be given to the owners of property in the proposed district in accordance with Subsection 707.3 below. The final public information meeting shall be held no more than six months before the nomination form is submitted.

Anyone seeking to nominate Historic Structures, Historic Districts, Historic Sites and Historic Objects shall prepare and submit a designation application in a form and manner specified by the HRC.

Application fees are non-refundable and shall be paid at time of submittal of an application. Fees shall be established by the Historic Review Commission and may be reviewed annually. All fees required by this article shall be paid to and collected by the City of Erie.

The documentation shall be as required by the HRC and included on the application forms in addition to any other information as may be specified by HRC. If an application is from someone other the owner(s) of record, evidence that the owner(s) have been notified of the nomination must be submitted along with the application. Evidence of owner notification may be in the form of registered or certified mail sent to the owner(s) of record or by an affidavit signed by all the owner(s) of record.

Within 15 days of receipt of a designation application, the Historic Preservation Planner or designee shall review the application to determine whether the request is technically complete and contains the information necessary to evaluate a proposed historic resource's significance. Notification of any omissions from the application shall be submitted in writing to the applicant.

Two business days after receipt of nomination has been communicated by the Historic Preservation Planner, no exterior alterations shall be undertaken upon a nominated structure, or a structure located within a nominated district, or a nominated site or object without a certificate of appropriateness from the Historic Review Commission. No demolition permit shall be issued beginning with the date of receipt of the nomination application without a certificate of appropriateness from the Historic Review Commission.

Once an application has been determined to be complete it shall be sent to the HRC for review. The HRC has 60 days once an application is technically complete to conduct one or more public meetings to review the designation application and determine if there is reasonable cause that the nominated district, structure, site or object will meet the definitions in Subsection 706.2(a), (b), (c), (d), (e), and/or (f) specified in this article. Listing (or eligibility for listing) in the National Register of Historic Places may be considered as evidence of the reasonable cause described above, but it shall not be considered determinative. The HRC may receive written and oral testimony from the public during the meetings. All property owners of an individual historic resource shall receive notice of the meeting by mail to their address on file for the property through the tax office. Notice shall be sent 10 business days prior to the date of the meeting. In the case of a designation of a new district or modification to an existing district, notice of the meeting shall be conspicuously posted at points deemed sufficient by the city along the boundary of the district to notify potentially interested citizens and property owners within the district. The affected property boundaries shall be posted at least 10 business days prior to the date of the meeting.

If the Commission determines that reasonable cause exists to determine that the nominated district, structure, site or object will meet the criteria for designation, the restriction against exterior alterations shall continue.

If the Commission decides that there is not reasonable cause to determine that a nominated district, structure, site or object will meet the criteria for designation, then the effects of nomination shall no longer be in effect. The Historic Review Commission shall continue to review the nomination and shall make a recommendation to City Council concerning the proposed designation.

Following the conclusion of the public meeting, the HRC may consider the application or hold over their consideration to a subsequent regular meeting. The HRC shall vote on whether the proposal meets the designation criteria and should be designated as a historic resource and placed under the Historic Preservation Overlay District.

Within 30 days following the receipt of the HRC's report and recommendations by the Planning Commission, the Planning Commission shall consider the application at a regular or special meeting. The Planning Commission shall consider whether the designation is consistent with the municipality's comprehensive plan and other development plans and policies, only, and transmit a report detailing its recommendations to City Council. If the Planning Commission fails to act on the recommendation from the HRC, the nomination will be sent directly to City Council without a report from the Planning Commission.

The Historic Review Commission and the City Planning Commission shall transmit their recommendations to City Council within five months of the date of the nomination. In the event that said recommendations are not transmitted to Council by that time, Council shall proceed to consider the nomination without said recommendations.

Where Council fails to render its decision within the period required by this subsection or fails to hold the required public hearing within 180 days from the date of the Historic Review Commission and the Planning Commission's recommendations.

Nomination of an area, property, site structure, or object for consideration and designation as a historic structure, historic district, historic site or historic object may be withdrawn by its nominator(s), provided such withdrawal is filed in writing with the Historic Review Commission prior to the vote of the Commission on its recommendation to City Council.

In the event that the nominator(s) withdraw(s) the nomination of a historic structure, historic district, historic site or historic object, any qualified individual, as defined in Subsection 706.1, or organization may intervene as the nominator of record by filing a written notice with the Historic Review Commission prior to the vote of the Commission on its recommendation to City Council.

If the nomination is denied, then the property may not be reconsidered or renominated until three years after the decision to designate the property has been made.

Prior to undertaking any of the activities or actions described in this section on properties within a locally designated historic district or on any property designated as a historic resource within an HP Overlay District, the property owner or responsible party must obtain a certificate of appropriateness if the activity or resulting construction is visible from a public right-of-way or easement. A certificate of appropriateness shall be required regardless of whether building or zoning permits are required.

Applications for building and zoning permits for designated historic resources shall not be considered complete unless and until accompanied by a certificate of appropriateness from the HRC.

The following activities require a certificate of appropriateness:

Exterior alteration regardless of whether a permit from the City of Erie is required for the improvement. Major exterior alteration and minor exterior alterations may be reviewed in accordance with guidelines for issuance of certificates of appropriateness as established by the HRC.

Design guidelines.

Demolition.

New construction or exterior alteration.

Applications for certificates of appropriateness shall be submitted to the Historic Preservation Planner in a form and manner as specified by the Historic Preservation Planner.

Application fees are non-refundable and shall be paid at time of submittal of an application. Fees shall be established by the Historic Review Commission and may be reviewed annually. All fees required by this article shall be paid to and collected by the City of Erie.

The HRC, in consultation with the Historic Preservation Planner, shall develop and publish forms and guidelines that specify the information and documentation that must be submitted along with COA applications. The guidelines may require different information for different types of projects.

The Historic Preservation Planner shall verify that the application meets the submission guidelines and shall forward all technically complete applications, together with all plans and other documentation submitted therewith, to the HRC at least 15 business days prior to the meeting where the application will be considered.

The HRC shall consider all technically complete applications at a regular or special meeting within 30 calendar days of submission unless an extension or deferral is agreed to by both the applicant and HRC.

The applicant shall be given notice of the time and place of the said meeting and shall be given the opportunity to present the application to the HRC.

In considering whether to recommend the issuance of a certificate of appropriateness, the HRC may consider comments from the public as well as persons and organizations with expertise and experience in matters relevant to the application.

Within 30 calendar days after the HRC meeting where the application has been discussed, the Historic Preservation Planner or designated City staff shall provide the applicant with a written report detailing the findings, conclusions, and recommendations of the HRC. The HRC and applicant may mutually agree to continue consideration of the application to future meetings or to an extension of the thirty-day time frame for issuance of a recommendation.

The report issued by the HRC shall include, but need not be limited to, the following matters:

The applicant shall have 15 business days following the receipt of the HRC's report to decide whether to make any changes suggested by the HRC to the plans and specifications. If the applicant determines that they will make the necessary changes, they shall advise the Historic Preservation Planner, who shall in turn advise the HRC accordingly. The applicant may resubmit the plans for reconsideration by the HRC, after which the HRC shall have 30 additional business days to make its determination on the amendment application.

The granting or denial of a certificate of appropriateness shall be in the form of a written resolution that shall include findings of fact related to the specific proposal and shall set forth the reasons for the granting, with or without conditions, or for the denial, referring to such criteria set forth in this chapter that were relevant to the HRC's decision.

The resolution shall provide specific recommendations for changes to the proposed plans and specifications that the applicant could make to meet the applicable guidelines and be recommended for approval.

Appeal. Any person aggrieved by any action of the Municipality and/or its designee, relevant to the provisions of this article, may appeal to the relevant judicial or administrative body according to law, within the time period involved.

Date the property was acquired by its current owner.

Price paid for the property (if acquired by purchase) and the relationship (if any) between the buyer and the seller of the property.

Mortgage history of the property, including current mortgage.

Current market value of the property.

Equity in the property.

Past and current income and expense statements for a two-year period.

Past capital expenditures during the ownership of current owner.

Appraisal of the property obtained within the previous two years.

Income and property tax factors affecting the property, as specified by the City Solicitor.

The HRC may require that an applicant furnish additional information relevant to its determination of economic hardship and may receive and consider studies and economic analyses from other sources relevant to the property in question.

This section encourages the preservation of architecturally and historically significant buildings by delay or demolition to 1) preserve and protect significant buildings and structures within the city which constitute or reflect distinctive features of the architectural, cultural, economic, political or social history of the city, and 2) to limit the detrimental effect on community character and heritage that may result from the demolition of such buildings and structures.

Applicability. Any building or structure within the municipal boundaries which, in whole or part, is known or presumed to be at least 50 years old and which has been determined by the Historic Review Commission or other designated authority to be significant to the community based on one or more of the following criteria:

The 90-day period begins on the date that a copy of the complete demolition permit application, along with one or more photographs accurately depicting the current condition of the building or structure identified in that application, is submitted by the applicant to the Historic Preservation Planner of the Department of Planning and Neighborhood Resources.

If, after a thorough inspection, the Building Official finds that a building or structure subject to this chapter poses an immediate threat to public health or safety due to its deteriorated condition and that there are no reasonable alternatives to the immediate demolition of the building or structure, then the Building Official may issue an emergency demolition permit to the owner of the building or structure. The Building Official shall then submit a written report to the Historic Review Commission detailing the condition of the building or structure and the basis for the Building Official's decision.