Lock Haven City Zoning Code
ARTICLE XVI
Historic District Overlay
§ 410-89 Purpose.
The purpose of this overlay district is primarily intended to:
A.
To promote the retention of community character through preservation of the local heritage by recognition and protection of historic and cultural resources;
B.
To establish a clear process by which proposed changes affecting historic resources are reviewed;
C.
To mitigate the negative effects of proposed changes affecting historic resources;
D.
To encourage the continued use of historic resources and facilitate their appropriate rehabilitation and adaptive reuse;
E.
To encourage the preservation of historic settings and landscapes;
F.
To discourage the demolition of historic resources;
G.
To encourage pleasing and harmonious relationships between old and new buildings and structures that will maintain and strengthen the architectural character of the historic district; and
H.
To implement the following sections of the Pennsylvania Municipalities Planning Code: Section 603(g)(2), which states that "zoning ordinances shall provide for protection of natural and historic features and resources"; Section 604(1), which states that "the provisions of zoning ordinances shall be designed to promote protect and facilitate any or all of the following: . . . preservation of the natural, scenic and historic values . . . ."; and Section 605(2)(vi), whereby uses and structures at or near places having unique historical, architectural or patriotic interest or value may be regulated.[1]
[1]
Editor's Note: See 53 P.S. §§ 10603(g)(2), 10604(1) and 10605(2)(vi), respectively.
§ 410-90 Applicability.
A.
Boundaries. The Historic District Overlay shall be an overlay district that overlaps and supplements underlying zoning districts. The Historic District Overlay shall include each lot within the Water Street Historic District containing a historic resource as shown on the Historic Resource Map.
(1)
All of the provisions of the applicable underlying zoning districts shall continue to apply in addition to the provisions of this article. In the event of a conflict between the provisions of the Historic District and the underlying zoning district, the provision that is most restrictive shall apply.
(2)
Should the boundaries of the Water Street Historic District be revised as a result of legislative or administrative actions or judicial decision, the underlying zoning requirements shall continue to be applicable.
(3)
Historic resource map.
(a)
Identification.
[1]
The City of Lock Haven, Clinton County, Pennsylvania Historic Resources Map, adopted as part of this chapter, shows all lots within the Water Street Historic District of the City that contain a building:
[a]
Listed in the National Register of Historic Places, individually or as a contributing resource in a National Register Historic District;
[b]
Eligible to be listed in the National Register of Historic Places, individually or as a contributing building in a National Register Historic District; or
[c]
Identified as having local historical and/or architectural significance.
[2]
All lots containing historic resources shall be shown on an official Historic Resource Map. Such map shall be maintained at the office of the City Zoning Officer.[1]
[1]
Editor's Note: Said map is included as an attachment to this chapter.
[3]
Buildings shall be identified on the Historic Resource Map as follows:
(b)
Compliance.
[1]
A change to any Class I, II or III buildings shall occur only when in compliance with the terms of this article and other applicable regulations of this chapter, except as provided herein this Subsection A(3)(b)[2] below.
B.
Covenants and easements. It is not intended by this article to repeal, abrogate or impair any existing easements, covenants or deed restrictions.
C.
Historic District Advisory Committee.
(1)
Establishment and membership.
(a)
The Historic District Advisory Committee shall consist of nine members, who shall be appointed by the City Council. Eight of the members designated hereinbelow shall be voting members. The remaining one member shall be designated an ex officio member, who may participate in review and discussions, but may not vote on any proposal. The membership of the Advisory Committee shall include:
[1]
Four property owners within the Historic District who have an interest in history, archeology or historic preservation;
[2]
City Planning Commission Member;
[3]
City Building Code Enforcement Officer;
[4]
Representative from the Clinton County Historical Society;
[5]
City Council member; and
[6]
City Planner (ex officio, nonvoting).
(b)
Each Advisory Committee member shall serve for a term of three years, which shall be so fixed that no more than three terms shall expire each year. The Advisory Committee shall notify the City Council of any vacancies in the Advisory Committee, and the City Council shall act within 90 days to fill those vacancies. Appointments to fill vacancies for unexpired terms shall be only for the unexpired portion of the term.
(2)
Functions and duties. In accordance with the purposes of this article, the Advisory Committee shall have the following functions and duties:
(a)
Maintain a system for the survey and inventory and photographic documentation of historic buildings, sites, structures, objects and districts in the City of Lock Haven.
(b)
Conduct research on and nominate significant resources to the National Register of Historic Places and any other appropriate lists or programs.
(c)
Advise the Zoning Officer and City Council on the issuance of demolition permits for historic resources, as set forth herein this article.
(d)
Review and comment on subdivision or land development applications which affect historic resources, in accordance with the requirements and procedures of Chapter 352, Subdivision and Land Development, of the Code of the City of Lock Haven, Clinton County, Pennsylvania.
(e)
Make recommendations to the City Council concerning revisions, updates or corrections to the Historic Resources Map.
(f)
Maintain an updated list which clearly identifies buildings, sites, structures, objects and districts and their respective classifications on the Historic Resources Map.
(g)
Advise the City Council or Zoning Hearing Board on all requests for conditional uses or variances affecting historic resources.
(h)
Review applications for new construction of principal buildings in the historic district to ensure the new building is consistent and compatible with the scale and basic design elements of adjacent and surrounding buildings and with distinguishing site design elements of the district.
(i)
Review applications for the rehabilitation, enlargement or alteration of historic resources for compliance with the Secretary of the Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings," as required herein this article.
(j)
Photographically document ongoing changes to the physical development patterns and landscapes throughout the City.
(k)
Perform any other lawful activities which shall be deemed necessary to further the purposes of this article.
§ 410-91 Demolition of buildings.
A.
General requirements. A Class I or Class II building shall not be demolished, removed or otherwise relocated unless a conditional use approval has been granted under this article. With the exception of § 410-91E, relating to demolition by neglect, all other provision of this § 410-91 shall not apply to Class III buildings.
B.
Application procedures. An applicant for a conditional use to demolish a Class I or Class II building shall submit, in accordance with Article XXII relating to conditional use standards, a completed application to the Zoning Officer, who shall forward a copy of the application to the Historic District Advisory Committee and Planning Commission for review and recommendation in the time frames provided for in this article and Article XXII of this chapter. In addition to the requirements in Article XXII regarding permit applications of this chapter, the application shall include the following:
(1)
Classification of the building for which the permit is being sought on the Historic Resource Map (i.e., Class I or Class II);
(2)
A report from a structural engineer describing the structural condition of the building proposed to be demolished, removed or relocated;
(4)
Documentation of all efforts to sell the property in the preceding three years;
(5)
Recent interior and exterior, digital images or hardcopy photographs (both in color) of the building proposed for demolition, removal or relocation;
(6)
Proposed disposition of materials;
(7)
Timeline for implementation of proposed use for the property;
(8)
Date of purchase, purchase price and ownership history of the property;
(9)
Assessed value of the land and improvements thereon;
(10)
Certified property appraisal;
(11)
For depreciable properties, a pro forma financial statement prepared by an accountant or broker of record;
(12)
Form of ownership or operation of the property, whether sole proprietorship, for-profit or nonprofit corporation, limited partnership, joint venture, or other.
C.
The applicant shall provide credible evidence that:
(1)
The demolition, removal or relocation of the building in question will not adversely affect the historic significance or architectural integrity of neighboring historic buildings or the historic character of the neighborhood or community;
(2)
There is no feasibility to continue the current use;
(3)
Other uses permitted within the underlying zoning district, either as permitted uses, special exception uses, or conditional uses, have been denied or are not feasible due to constraints on the building proposed to be demolished, removed or relocated from the property;
(4)
Adaptive reuse opportunities do not exist due to constraints related to the building proposed to be demolished, removed or relocated or the lot on which it is located;
(5)
The proposed new building, structure or use of the property will not adversely affect the historic character or architectural integrity of the neighboring historic properties, the neighborhood, or the community;
(6)
The building proposed to be demolished, removed or relocated, permitted uses and adaptive reuse potential does not provide a reasonable rate of return based on a reasonable initial investment;
(7)
The applicant has not contributed to the existing conditions, either through neglect or prior renovation, conversion, alteration or similar physical action.
D.
A permit for the proposed demolition, removal or relocation of any Class I or Class II building shall not be issued prior to and where applicable:
E.
Demolition by neglect.
(1)
No owner or person with interest in real property upon which a building is situated in the Historic District Overlay shall permit the property to fall into a state of disrepair so as to result in the deterioration of any exterior architectural feature which would produce a detrimental effect upon the character of the historic district as a whole, neighboring properties, or the life and character of the property itself.
(2)
Buildings and historic resources situated in the Historic District Overlay shall be maintained in good repair, structurally sound, and reasonably protected against decay, deterioration and vandalism, and no building or historic resource shall be permitted to be demolished by neglect. Examples of such deterioration contributing to demolition by neglect include:
(a)
Deterioration of exterior walls or other vertical supports.
(b)
Deterioration of roofs or other horizontal members.
(c)
Deterioration of exterior chimneys.
(d)
Deterioration or crumbling of exterior stucco or mortar.
(e)
Ineffective waterproofing of exterior walls, roofs, or foundations, including broken windows or doors.
(f)
Deterioration of any features so as to create a hazardous condition.
(3)
Unoccupied buildings and structures shall be properly sealed, fenced off, and utilities turned off for safety, at the owner's expense, in accordance with the provisions of the City's building and/or property maintenance code,[2] and the National Park Service Preservation Brief # 31 should be used as a resource.
(4)
The interior and exterior of the building shall be inspected no less than annually by the Zoning Officer, Building Codes Officer, and the owner or person with interest in real property or designated agent to determine maintenance requirements.
(5)
Emergency exception. If, in the interest of public health or safety, or due to exigent circumstances beyond the control of the property owner or his agent, and immediate demolition permit is required, the Zoning Officer may issue such permit in accordance with the City's building and/or property maintenance code, without the review of the project by the Historic District Advisory Committee and approval of a conditional use by the City Council.
§ 410-92 New building construction.
A.
General requirements. No permits for new principal buildings shall be issued by the Zoning Officer prior to review and recommendation by the Historic District Advisory Committee to the Zoning Officer in the time frame provided for in this article.
B.
New construction of principal buildings in the historic district will be permitted if it complies with the lot and building dimensional requirements and design standards of the underlying zoning district ensuring the new building is consistent and compatible with the scale and basic design elements of adjacent and surrounding buildings and with distinguishing side design elements of the district. The intent is not to require or encourage new buildings to look like old buildings, but to assure pleasing and harmonious relationships between old and new that will maintain and strengthen the architectural character of the historic district. The following design elements will be considered:
(1)
Building height. Shall comply with the underlying zoning district.
(2)
Elevation proportion. The relationship between the height and width of the front elevation of a new building should be within 10% of the average proportions of adjacent buildings.
(3)
Proportion of openings. The relationship of height to width of windows and doors of a building should be within 10% of the proportions of windows and doors of adjacent buildings.
(4)
Rhythm of solids and voids. The rhythm of solids to voids in the front facade of a building should be similar to adjacent buildings.
(5)
Horizontal lines. Basement sill lines and header and sill lines of a building should follow the horizontal lines of adjacent buildings.
(6)
Spacing of buildings on street. Setbacks and side yards of new buildings should be similar to those on adjacent parcels.
(7)
Roofs. The shape, style, and material should be compatible with materials commonly used within the historic district.
(8)
Building materials. Building materials should be compatible with materials commonly used within the historic district.
(9)
Color. The predominant color of a building and the color of its trim should be compatible with the colors of surrounding buildings.
(10)
Architectural details. The use of specific architectural elements and details such as porches, dormers, cornices, brackets, quoins, balustrades and the like may be used to strengthen the relationship of new construction to the existing architecture of the district. However, such detailing is not sufficient to assure appropriateness if the structure is no related to its surroundings in terms of massing, rhythm and proportions.
C.
Application procedures. Applications for any proposed new construction of principal buildings shall comply with the provisions in this article in addition to the provisions of Article XXII regarding permits/applications. The completed application shall be submitted to the Zoning Officer and shall include:
§ 410-93 Alterations, additions, reconstruction and rehabilitation.
A.
General requirements.
(1)
No permits for alterations, additions, reconstruction or rehabilitation, visible from a public street, involving Class I, II or III buildings, shall be issued by the Zoning Officer prior to review and recommendations by the Historic District Advisory Committee to the Zoning Officer in the time frame provided for in this article.
(2)
No permit/review shall be required for repairs or maintenance of any building, structure or grounds, provided such repairs do not change the use or otherwise violate the provisions of this article. Additionally, no permit/review shall be required for exterior painting or other material changes to buildings, nor any work completed on the interior including any changes, modifications, alterations, painting, etc.
(3)
For purposes of this section, "alteration," as applied to a building or structure, means a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending on a side or by increasing in height or depth; or the moving from one location or position to another. The definition of terms not specifically defined this article or Article II of this chapter, shall be the definition contained in the City of Lock Haven Building Code.[1]
B.
Standards for alterations, additions, reconstruction and rehabilitation. Any proposed alteration, addition, reconstruction or rehabilitation of a historic property shall be in substantial compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings published by the U.S. Department of the Interior, National Park Service. These 10 standards are reprinted (with modifications noted in parentheses) in their entirety below:
(1)
A property will be used as it was historically or be given a new use that requires minimal change to its distinctive materials, features, spaces and spatial relationships.
(2)
The historic character of a property (adjacent properties and neighborhood) will be retained and preserved. The removal of distinctive materials or alteration of features, spaces and spatial relationships that characterize a property will be avoided.
(3)
Each property will be recognized as a physical record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or elements from other historic properties, will not be undertaken.
(4)
Changes to a property that have acquired historic significance in their own right will be retained and preserved.
(5)
Distinctive materials, features, finishes, and construction techniques or examples of craftsmanship that characterize a property will be preserved.
(6)
Deteriorated historic features will be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature will match the old in design, color, texture, and, where possible, materials. Replacement of missing features will be substantiated by documentary and physical evidence.
(7)
Chemical or physical treatments, if appropriate, will be undertaken using the gentlest means possible. Treatments that cause damage to historic materials will not be used.
(8)
Archeological resources will be protected and preserved in place. If such resources must be disturbed, mitigation measures will be undertaken.
(9)
New additions, exterior alterations, or related new construction will not destroy historic materials, features, and spatial relationships that characterize the property. The new work shall be differentiated from the old and will be compatible with the historic materials, features, size, scale and proportion, and massing to protect the integrity of the property and its environment.
(10)
New additions and adjacent or related new construction will be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
C.
Application procedures. Applications for any proposed alteration, addition, reconstruction or rehabilitation of a Class I, II and III buildings shall comply with the provisions in this article in addition to the provisions of Article XXII regarding permits/applications. The completed application shall be submitted to the Zoning Officer and shall include awritten description of the proposed alteration, addition, reconstruction or rehabilitation; and, where applicable:
D.
Administrative review. Permits for the activities listed hereinbelow may be issued by the Zoning Officer without review by the Historic District Advisory Committee. The Zoning Officer shall provide a record of all administrative approvals to the Historic District Advisory Committee for their information:
§ 410-94 Historic District Advisory Committee review and recommendations.
A.
Completed applications must be submitted to the Zoning Officer to be placed on the agenda for review at a meeting of the Historic District Advisory Committee. Said meeting shall be held within 30 days of receipt of the completed application.
B.
Applicant notification. The applicant shall be notified of the date, time and place at which the Historic District Advisory Committee shall meet to review the application by the Zoning Officer. The applicant is encouraged to attend to explain the application.
C.
Criteria for deliberation. The Historic District Advisory Committee shall use the Secretary of the Interior's Standards for Historic Properties with Guidelines for Preserving, Rehabilitation, Restoring and Reconstruction Historic Buildings and the design elements set forth in § 410-92B of this chapter. Any proposed work requiring a permit shall be in substantial compliance with said applicable guidelines and standards.
D.
Within 15 business days of the meeting, the Historic District Advisory Committee shall submit their written recommendation to the Zoning Officer to:
E.
The Historic District Advisory Committee's recommendations shall be in writing and shall include findings of fact related to the specific proposal and shall set forth the reasons for the recommendation for approval, with or without conditions, or for denial.
F.
The Zoning Officer shall review the recommendations of the Historic District Advisory Committee and shall take action upon the permit application in accordance with the provisions of this chapter and the Municipalities Planning Code[1] and within the time limits of this chapter and applicable statutes.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.