[HISTORY: Adopted by the Borough Council
of the Borough of Lewisburg 6-26-1985 by Ord. No. 804. Amendments noted where
applicable.]
In accordance with Sections 603(a)(2) and 605(2)(vi) of the Pennsylvania Municipalities Planning Code, Act of 1968, July 31, P.L. 805, No. 247, Art. VI, as amended [53 P.S. §§ 10603(a)(2) and 10605(2)(vi)], there is hereby created in the Borough of Lewisburg a historic district, which shall be a separate historic overlay zone serving as a supplement to the underlying zoning provisions of Chapter 360, Zoning, of the Code of the Borough of Lewisburg, to be known as "Historic Lewisburg," and to be located within the geographic limits of the Borough, for the purpose of protecting the portions of the Borough which recall the rich architectural and cultural heritage of the Borough and the Commonwealth of Pennsylvania, awakening in the people of the Borough an interest in the historic past and promoting the general welfare, education and culture of the Borough, and for the further specific purposes of regulating the use and appearance of private property in order to protect the distinctive historical, architectural or aesthetic character of the historic district and regulating the erection, reconstruction, alteration, restoration, demolition and razing of buildings and structures within the historic district for the cultural and aesthetic benefit of the Borough. However, it is not the intent of this chapter to limit new construction to any one period or architectural style, but to preserve the integrity of historic buildings and structures and to ensure the compatibility of new work constructed in Historic Lewisburg.
[Amended 8-19-2014 by Ord. No. 1029]
The boundary limits of Historic Lewisburg, although
irregular, reflect the expanded boundaries of the Borough during the
period of its building boom through the 1880's, and are described
as follows:
A.
Beginning at a point at the southeastern corner of the intersection
of North Derr Drive (U.S. Route 15) and Green Alley, formerly the
right-of-way of the Penn-Central Railroad and then Conrail;
(1)
Thence in a northerly direction along the eastern right-of-way line
of North Derr Drive to a point at the southeastern corner of the intersection
of North Derr Drive and North Eighth Street;
(2)
Thence in southeasterly direction along the western right-of-way
line of North Eighth Street to a point at the northwestern corner
of the intersection of North Eighth Street and Green Alley;
(3)
Thence in a northeasterly direction along the northern right-of-way
line of Green Alley to the southwestern corner of lands identified
as Union County Tax Parcel No. 008-018-198;
(4)
Thence in a northwesterly direction along the western line of the
said lands identified as Parcel No. 008-018-198 to a point in the
southern right-of-way line of St. Mary Street;
(5)
Thence in a northeasterly direction along the said southern right-of-way
line of St. Mary Street to a point at the northeastern corner of the
intersection of St. Mary Street and North Fifth Street;
(6)
Thence in a northwesterly direction along the eastern right-of-way
line of North Fifth Street to a point at the northwestern corner of
the intersection of North Fifth Street and St. Anthony Street;
(7)
Thence in a northeasterly direction along the northern right-of-way
line of St. Anthony Street to the southwestern corner of lands identified
as Union County Tax Parcel No. 008-016-001;
(8)
Thence along the western line of the said lands identified as Parcel
No. 008-016-001 and across Buffalo Road to a point in the northern
right-of-way line of Buffalo Road;
(9)
Thence in a northwesterly direction along the said northern right-of-way
line of Buffalo Road to a point at the northeastern corner of the
intersection of Buffalo Road and Raspberry Alley;
(10)
Thence in a northwesterly direction along the eastern right-of-way
line of Raspberry Alley to a point at the northeastern corner of the
intersection of Raspberry Alley and Bison Alley;
(11)
Thence in a southwesterly direction along the northern right-of-way
line of Bison Alley to a point at the northeastern corner of the intersection
of Bison Alley and North Fifth Street;
(12)
Thence in a northwesterly direction along the eastern right-of-way
line of North Fifth Street to a point at the intersection of the eastern
line of the right-of-way of the North Shore Railroad and the western
line of lands identified as Union County Tax Parcel No. 008-016-071;
(13)
Thence in a northwesterly direction along the western lines
of the said lands identified as Parcel No. 008-016-071 and those lands
identified as Union County Tax Parcel Nos. 008-016-072 and 008-016-073
to a point at the intersection of the northwestern corner of the said
lands identified as Parcel No. 008-016-073 and the eastern line of
the said North Shore Railroad right-of-way;
(14)
Thence in a northeasterly direction along the northern line
of the said lands identified as Parcel No. 008-016-073 to a point
in the western right-of-way line of North Fourth Street;
(15)
Thence in a southeasterly direction along the said western right-of-way
line of North Fourth Street to a point at the southwestern corner
of the intersection of North Fourth Street and Beck Street;
(16)
Thence in a northeasterly direction across North Fourth Street
and along the southern right-of-way line of Beck Street to a point
at the southeastern corner of the intersection of Beck Street and
Hazel Tree Alley;
(17)
Thence in a southeasterly direction along the eastern right-of-way
line of Hazel Tree Alley to a point at the northwestern corner of
lands identified as Union County Tax Parcel No. 008-016-003;
(18)
Thence in a northeasterly direction along the northern lines
of the said lands identified as Parcel No. 008-016-003 and those lands
identified as Union County Tax Parcel Nos. 008-016-004, 008-016-005,
008-016-006, 008-016-007, 008-016-008, 008-016-009 and 008-016-010
to the northeastern corner of the said lands identified as Parcel
No. 008-016-010;
(19)
Thence in a southeasterly direction along the eastern line of
the said lands identified as Parcel No. 008-016-010 and across St.
Anthony Street to a point in the southern right-of-way line of St.
Anthony Street;
(20)
Thence in a northeasterly direction along the said southern
right-of-way line of St. Anthony Street to a point at the southeastern
corner of the intersection of St. Anthony Street and North Water Street;
(21)
Thence in a southeasterly direction along the eastern right-of-way
line of North Water Street to a point at the northwestern corner of
lands identified as Union County Tax Parcel No. 008-014-003;
(22)
Thence in a northeasterly direction along the northern line
of the said lands identified as Parcel No. 008-014-003 to a point
on the eastern corporate boundary line of the Borough of Lewisburg
at the west bank of the Susquehanna River;
(23)
Thence in a southeasterly direction along the said west bank
of the Susquehanna River and the eastern corporate boundary line of
the Borough of Lewisburg to a point in the southern right-of-way line
of St. Louis Street;
(24)
Thence in a southwesterly direction along the said southern
right-of-way line of St. Louis Street to a point at the southwestern
corner of the intersection of St. Louis Street and Walnut Alley;
(25)
Thence in a southeasterly direction along the western right-of-way
line of Walnut Alley to the northwestern corner of the intersection
of Walnut Alley and St. Catherine Street;
(26)
Thence in a southwesterly direction along the northern line
of St. Catherine Street to a point at the northeastern corner of the
intersection of St. Catherine Street and South Front Street;
(27)
Thence in a southeasterly direction along the eastern right-of-way
line of South Front Street to a point at the southeastern corner of
the intersection of South Front Street and St. George Street;
(28)
Thence in a southwesterly direction along the southern right-of-way
line of St. George Street to a point at the southwestern corner of
the intersection of St. George Street and Pear Tree Alley;
(29)
Thence in a southerly direction along the western right-of-way
line of Pear Tree Alley to a point in the southern right-of-way line
of Mill Street;
(30)
Thence in a westerly direction along the said southern right-of-way
line of Mill Street to a point at the northeastern corner of lands
identified as Union County Tax Parcel No. 008-011-007;
(31)
Thence in a southerly direction along the eastern line of the
said lands identified as Parcel No. 008-011-007 to a point at the
southeastern corner of such lands;
(32)
Thence in a westerly direction along the southern lines of the
said lands identified as Parcel No. 008-011-007 and those lands identified
as Union County Tax Parcel Nos. 008-011-007.1 and 008-011-030 to the
northeastern corner of lands identified as Union County Tax Parcel
No. 008-011-029;
(33)
Thence in a southeasterly direction along the eastern lines
of the said lands identified as Parcel No. 008-011-029 and those lands
identified as Union County Tax Parcel Nos. 008-011-028, 008-011-027,
008-011-026.1 and 008-011-026 to a point at the southwestern corner
of the intersection of Malcom Street and Ball Alley;
(34)
Thence continuing in a southeasterly direction along the western
right-of-way line of Ball Alley, across Linn Street and Donachy Alley,
and through Union County Tax Parcel Nos. 008-011-003 and 008-011-002
to a point at the intersection of the southern corporate boundary
line of the Borough of Lewisburg and the centerline of the said North
Shore Railroad right-of-way;
(35)
Thence in a southwesterly direction across the said North Shore
Railroad right-of-way and Legislative Route 59037, and then in a northwesterly
direction along the corporate boundary line between the Borough of
Lewisburg and the Township of East Buffalo through Bucknell University
to a point at the southeastern corner of the intersection of Walker
Street, Moore Avenue and South Seventh Street;
(36)
Thence continuing in a northwesterly direction across Walker
Street and along the eastern right-of-way line of South Seventh Street
to a point at the northeastern corner of the intersection of South
Seventh Street and Roto Drive;
(37)
Thence in a southwesterly direction along the northern right-of-way
lines of Roto Drive and Davis Gym Lane and the southern line of lands
identified as Union County Tax Parcel No. 008-017-057 to a point in
the eastern right-of-way line of South Derr Drive (U.S. Route 15);
(38)
Thence in a northwesterly direction along the eastern right-of-way
line of South Derr Drive to the northwestern corner of lands identified
as Union County Tax Parcel No. 008-017-060;
(39)
Thence in a northeasterly direction along the northern line
of the said lands identified as Parcel No. 008-017-060 and the southern
right-of-way line of St. Catherine Street to a point at the southeastern
corner of the intersection of St. Catherine Street and Hawn Alley;
(40)
Thence in a northwesterly direction along the eastern right-of-way
line of Hawn Alley to a point at the northeastern corner of the intersection
of Hawn Alley and White Pine Alley;
(41)
Thence in a southwesterly direction along the northern right-of-way
line of White Pine Alley to a point at the northwestern corner of
the intersection of White Pine Alley and South Eighth Street;
(42)
Thence in a northwesterly direction along the western right-of-way
line of South Eighth Street to a point at the northwestern corner
of the intersection of South Eighth Street and Market Street;
(43)
Thence in a southwesterly direction along the northern right-of-way
line of Market Street to a point in the eastern right-of-way line
of North Derr Drive;
(44)
Thence in a northerly direction along the said eastern right-of-way
line of North Derr Drive to a point at the southeastern corner of
the intersection of North Derr Drive and Cherry Alley;
(45)
Thence in a northeasterly direction along the southern right-of-way
line of Cherry Alley to a point at the southeastern corner of the
intersection of Cherry Alley and Currant Alley;
(46)
Thence in a northwesterly direction along the eastern right-of-way
line of Currant Alley to a point at the southeastern corner of the
intersection of Currant Alley and Green Alley;
(47)
Thence in a southwesterly direction along the southern right-of-way
line of Green Alley to the point or place of beginning.
[Amended 4-18-1989 by Ord. No. 847]
There is hereby created an Historical Architectural
Review Board to be composed of seven members, appointed by the Borough
Council, one of whom shall be a registered architect, one a licensed
real estate broker, one a person having expertise, experience or a
background in preservation, historical or planning areas, and four
additional persons with a knowledge of and interest in the preservation
of the historic district. The Borough Council in appointing the four
additional persons shall consider, but shall not be required to appoint,
those persons recommended by the local historical society. At least
five members of the Board shall own property and reside within Historic
Lewisburg. The initial terms of the first seven members of the Board
shall be as follows: two shall serve until the reorganization meeting
of the Borough Council in 1986, three until the reorganization meeting
in 1988, and two until the reorganization meeting in 1990. Their successors
shall thereafter serve for a term of three years. The position of
any member of the Board residing within the historic district at the
time of appointment who thereafter moves his residence from the historic
district or of any member of the Board appointed in his capacity as
a registered architect or a licensed real estate broker who thereafter
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.
The function of the Historical Architectural Review Board shall be to give counsel to the Borough Council regarding the advisability of issuing any certificates or permits within Historic Lewisburg which are required to be issued pursuant to Chapter 360, Zoning, of the Code of the Borough of Lewisburg, Chapter 152, Uniform Construction Codes, of the Code of the Borough of Lewisburg, this chapter, and any other ordinance of the Borough of Lewisburg or law of the Commonwealth of Pennsylvania. For this purpose, the Board may make and alter rules and regulations for their own organization and procedure, which shall be consistent with this chapter, any other applicable ordinance of the Borough of Lewisburg and the laws of the Commonwealth of Pennsylvania; provided, however, that the Board shall meet publicly on a regular monthly basis at a designated place. A majority of the Board shall constitute a quorum and action taken at any meeting of the Board shall require the affirmative vote of a majority of the quorum of the Board. The members of the Board shall serve without compensation, and shall make an annual report of their transactions to the Borough Council. The Board may, pursuant to appropriations made by the Borough Council, employ secretarial assistance, pay their salaries and wages and incur other necessary expenses.
The Zoning Officer of the Borough of Lewisburg
shall not issue a permit for any erection, reconstruction, alteration,
restoration, demolition, or razing of a building, structure or part
thereof in Historic Lewisburg until the Borough Council has issued
a Certificate of Appropriateness. However, nothing in this chapter
shall be construed to prevent the ordinary maintenance or repair of
any exterior elements of any building, structure or part thereof in
Historic Lewisburg, including any work, for which a building permit
is not required by law, where the purpose and effect of such work
is to correct any deterioration or decay of or damage to a building,
structure or any part thereof and to restore the same, as nearly as
may be practical, to its condition prior to the occurrence of such
deterioration, decay or damage. Further, none of the provisions of
this chapter shall be construed as to prevent any measures of reconstruction,
alteration, restoration or demolition necessary to correct or abate
the unsafe or dangerous condition of any building, structure or part
thereof, where such condition has been declared unsafe or dangerous
pursuant to the applicable ordinances of the Borough or the laws of
the Commonwealth of Pennsylvania, and where the proposed measures
have been declared necessary by the Borough Council, or a properly
authorized official, to correct the said condition; provided, however,
that only such work as is reasonably necessary to correct the unsafe
or dangerous condition may be performed pursuant to this section.
In the event any building, structure or part thereof shall be damaged
by fire or other calamity, or by act of God or by the public enemy,
to such an extent that it cannot reasonably be repaired and restored,
it may be removed in conformity with the applicable ordinances of
the Borough and the laws of the Commonwealth of Pennsylvania.
Upon receipt of an application for a permit for work to be done in Historic Lewisburg, the Zoning Officer of the Borough of Lewisburg shall act in accordance with the procedure then being followed in that office pursuant to Chapter 360, Zoning, and Chapter 152, Uniform Construction Codes, of the Code of the Borough of Lewisburg, except as those procedures are necessarily modified by the following requirements:
A.
He shall within 20 days of the receipt of such application
forward to the Office of the Historical Architectural Review Board
a copy of the application for the permit, together with a copy of
the plot plan and the 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 in addition shall be appropriately cross-referenced to his other
records; and
C.
He shall require applicants to submit a sufficient
number of additional copies of material required to be attached to
an application for a permit to allow compliance with the foregoing
requirements.
Upon receipt by the Historical Architectural
Review Board of a notice from the Zoning Officer of the Borough of
Lewisburg that an application for a permit for the erection, reconstruction,
alteration, restoration, demolition or razing of a building, structure
or any part thereof in Historic Lewisburg has been filed in the Office
of the Zoning Officer, the Board shall within 30 days of the receipt
of such notice schedule and hold a public meeting to consider the
counsel which the Board will give to the Borough Council. The person
applying for the permit shall be advised of the time and place of
the said meeting and be invited to appear, together with any person
or persons as he may desire, to explain his reasons therefor. The
Board may also invite such other person or persons as it desires to
attend its meeting.
In determining the counsel to be presented to
the Borough Council concerning the issuing of a Certificate of Appropriateness
and authorizing a permit for the erection, reconstruction, alteration,
restoration, demolition or razing of all or a part of any building
or structure within Historic Lewisburg, the Historical Architectural
Review Board shall consider the following factors:
A.
The purposes of this chapter;
B.
The effect of the proposed change upon the general
historic, architectural and aesthetic nature of the historic district;
C.
The appropriateness of exterior architectural features
which can be seen from a public street or way, but not including an
alley, only; and
D.
The general design, arrangement, texture and material
of the building or structure in question and its appurtenant fixtures,
including facade and signs, and the relationship of such features
to similar features of other buildings or structures in the historic
district.
If the Historical Architectural Review Board, on the basis of the information received at the meeting provided for in § 186-7 of this chapter and from its general background and knowledge, decides to counsel against the granting of a Certificate of Appropriateness, it shall indicate to the applicant for the permit the changes in his plans and specifications, if any, which in the opinion of the Board would protect the distinctive historical, architectural and aesthetic character of Historic Lewisburg. The Board shall withhold its report to the Borough Council for a period of up to 15 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.
The Historical Architectural Review Board, after the meeting and the making of any changes in the plans and specifications as provided for in §§ 186-7 and 186-9 of this chapter, respectively, shall within 30 days of its meeting submit to the Borough Council, in writing, its report with respect to its counsel concerning the issuance of a Certificate of Appropriateness and authorizing a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building or structure within Historic Lewisburg. 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 building or structure to be erected;
C.
A list of the surrounding buildings or structures
with their general exterior characteristics;
D.
The effect of the proposed change upon the general
historic, architectural and aesthetic nature of the historic district;
E.
The appropriateness of exterior architectural features
which can be seen from a public street or way, but not including an
alley, only;
F.
The general design, arrangement, texture and material
of the building or structure in question and its appurtenant fixtures,
including facade and signs, and the relationship of such features
to similar features of other buildings or structures in the historic
district;
G.
The opinion of the Board, including any dissent, as
to the appropriateness of the work proposed as it will preserve or
destroy the historic, architectural and aesthetic aspect and nature
of the historic district; and
H.
The specific counsel of the Board as to the issuance
or refusal to issue by the Borough Council of a Certificate of Appropriateness.
Upon receipt of the written report of the Historical Architectural Review Board as provided in § 186-10 of this chapter, the Borough Council shall within 45 days of the receipt of such report consider at a regular or special meeting the question of issuing to the Zoning Officer of the Borough of Lewisburg a Certificate of Appropriateness authorizing a permit for the work 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, together with any person or persons as he may desire, and be heard as to his reasons for filing the same. 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 or structure within Historic Lewisburg, the Borough Council shall consider the written report of the Historical Architectural Review Board and the same factors as considered by the Board as set forth in § 186-8 of this chapter. If the Borough Council approves the appropriateness, it shall issue a Certificate of Appropriateness authorizing the Zoning Officer to issue a permit for the work covered. If the Borough Council disapproves the appropriateness, it shall do so in writing and copies thereof shall be given to the applicant and the Zoning Officer. The written disapproval shall also indicate what changes in the plans and specifications, if any, would meet the conditions for protecting the distinctive historical, architectural and aesthetic character of Historic Lewisburg.
In the event the Historical Architectural Review
Board fails to hold its required meeting within 30 days from the date
it receives notice from the Zoning Officer of the Borough of Lewisburg
that an application for a permit has been filed or thereafter fails
to submit its written report to the Borough Council within 30 days
of its meeting or in the event the Borough Council fails to hold its
required meeting and to render its decision within 45 days from the
date it receives the written report of the Board, the decision shall
be deemed to have been rendered in favor of the applicant unless the
applicant had agreed in writing to an extension of time.
Upon receipt of the written disapproval of the Borough Council, the Zoning Officer of the Borough of Lewisburg shall, within 10 days of the receipt of such disapproval, disapprove the application for the permit and so advise the applicant. The applicant may thereafter appeal from the disapproval of the application as provided by Chapter 360, Zoning, of the Code of the Borough of Lewisburg and the laws of the Commonwealth of Pennsylvania.
In case any building, structure or part thereof
is erected, constructed, reconstructed, altered, repaired, restored,
converted, demolished or razed in violation of this chapter, Borough
Council or, with its approval, the Zoning Officer or other properly
authorized official, in addition to and not in lieu of any other remedies
or any criminal prosecution and penalty, may institute in the name
of the Borough any appropriate action or proceedings at law or in
equity to prevent such unlawful erection, construction, reconstruction,
alteration, repair, restoration, conversion, demolition or razing,
and to restrain, correct or abate such violation.
[Amended 10-20-1987 by Ord. No. 833]
Any person, firm or corporation who shall violate
any provision of this chapter shall, upon conviction thereof, be sentenced
to pay a fine of not more than $300, and/or to imprisonment for a
term not to exceed 90 days. Every day that a violation of this chapter
continues shall constitute a separate offense.
