[Added 11-20-2008 by Ord. No. 1051-2008]
A.
It is hereby declared, as a matter of public policy,
that the preservation and protection of buildings, structures, sites
and objects of historic and architectural, merit are public necessities
and are in the interests of the health, prosperity and welfare of
all the citizens of Media Borough.
B.
The purposes of this article are:
(1)
To identify and provide an opportunity to preserve
historic resources which are important to the education, culture,
traditions and economic and aesthetic values of all citizens of Media
Borough;
(2)
To maintain or improve historic resources which
contribute to the character of Media Borough;
(3)
To retain and enhance historic resources which
contribute to the character of Media Borough;
(4)
To ensure that new construction and subdivision
of lots in Media Borough are compatible with existing historic resources;
(5)
To encourage the restoration and rehabilitation
of historic resources in Media Borough;
(6)
To enhance the attractiveness of Media Borough,
thereby supporting and promoting business, commerce, industry and
tourism, as well as providing economic benefit to Media Borough;
(7)
To foster civic pride in the historical, architectural,
cultural and educational accomplishments of Media Borough;
(8)
To promote the use of historic resources for
the education, pleasure and welfare of all citizens of Media Borough;
(9)
To encourage orderly and efficient development
that recognizes the special value to Media Borough of its fragile,
nonrenewable historic and cultural resources; and
(10)
To encourage public participation in identifying
and preserving historical, architectural and cultural resources through
educational programs and general awareness campaigns.
A.
There is hereby created a Historic Resource Overlay
District, to be known as the "HR Overlay District," consisting of
all properties on which an historic resource is located as designated
on the Historic Resources Map and set forth on the Official Listing
of Historic Resources by Classification, which overlay district shall
be deemed an overlay on any zoning districts now or hereafter enacted
to regulate the use of land in the Borough. The Historic Resources
Map and the Official Listing of Historic Resources by Classification
shall be attached to this article as Appendix A[1] and made a part of this article.
[1]
Editor's Note: Appendix A is included at the end of this chapter. The Historic Resources Map is on file in the Borough offices.
B.
For any property located within the HR Overlay District,
the requirements and opportunities contained in this article shall
supersede any otherwise applicable requirements of the underlying
zoning districts that are in conflict with the provisions of this
article. Any otherwise applicable requirements of the underlying zoning
district that are not in conflict with the provisions of this article
shall remain in full force and effect as to any property located within
the HR Overlay District.
C.
Should the Historic Resources Map be revised as a
result of legislative or administrative action or judicial decision,
the zoning requirements and other regulatory measures applicable to
the property in question shall be those of the underlying zoning district
without consideration of this article. Any revisions to the Historic
Resources Map shall be attached and made part of this article.
A.
No person shall undertake demolition on any historic
resource within the HR Overlay District unless a demolition permit
is first obtained from the Code Enforcement Officer.
B.
Except as may be provided below, the Code Enforcement
Officer shall not issue a demolition permit until the Council first
reviews and approves the application for the demolition permit.
A.
To obtain a demolition permit, an applicant must submit
an application, in writing, on a form furnished by the Code Enforcement
Officer for that purpose, together with the applicable fee(s). The
fee for a demolition permit shall be based on the Borough fee schedule,
which the Borough Council may adjust from time to time by resolution.
B.
The Contents of the demolition permit application
are as follows:
(1)
Date of filing of application;
(2)
Name of applicant;
(3)
Address of applicant;
(4)
Address of historic resource proposed to be
demolished and owner of record if different from applicant;
(5)
Site plan showing all buildings, structures,
objects and features of the property on which the historic resource
is located and the location of adjoining public ways;
(6)
Reasons for demolition;
(7)
Method of demolition;
(8)
Approximate date of commencement and completion
of demolition;
(9)
Projected uses of the site following demolition
of the historic resource. Applicant must submit three copies of said
application to the Code Enforcement Officer of Media Borough.
C.
The demolition permit application shall be signed
by the applicant and such signature shall constitute a certification
by the signer that the information contained in the application is
true and correct.
D.
Within 10 working days of receipt of an application
for demolition permit, the Borough shall publish notice of the application
in a daily or weekly newspaper of substantial circulation in the Borough
and post the property that is the subject of the application with
notice. The Code Enforcement Officer shall also forward a copy of
the application for the demolition permit by regular mail to the Media
Borough Planning Commission and the Borough HARB at their registered
addresses. The required notice shall state the following: that unless
written objection stating specific reasons thereof is filed with the
Code Enforcement Officer within 30 days of the publication of the
notice, the demolition permit will be issued after the expiration
of such thirty-day period. The Media HARB, the Media Borough Planning
Commission, the Media Historical Society or any persons aggrieved
shall be entitled to file such a written objection.
E.
If within 30 days after publication of the notice
no written objection to the issuance of the permit is filed with the
Code Enforcement Officer, then the demolition permit shall be issued
to the applicant.
F.
If within 30 days after publication of the notice
an objection is filed with the Code Enforcement Officer, then the
Code Enforcement Officer shall forward the demolition permit application,
together with all attachments, to the Council for its review. The
objection shall be in writing and shall state the specific reasons
for the objection.
G.
Within 45 days after receipt by the Council of an
application for a demolition permit to which application an objection
has been filed, or such later period not to exceed an additional 60
days, as may be agreed to by the Council and the applicant, the Council
shall hold a public meeting on the application and objections thereto
and make a decision whether to approve or deny the application for
issuance of the demolition permit. The person applying for the demolition
permit, the objector, the Media HARB and the Media Borough Planning
Commission shall be given a minimum of 10 days' advance written notice
by mail of the time and place of the hearing. If a special hearing,
being a hearing other than a regularly scheduled Council meeting,
is required to meet the time frame for the public hearing required
herein or is otherwise requested by the applicant, the applicant shall
be responsible for payment of the required fee for such special hearing
as provided for in the Borough fee schedule. Failure of the Council
to make a determination within the required time period shall be deemed
to constitute an approval of the application for the demolition permit.
H.
At any time after filing an objection to the issuance
of the permit, the objector may withdraw the objection by giving written
notice of such withdrawal to the Council and the Code Enforcement
Officer and, upon receipt of such withdrawal, provided the initial
thirty-day period after publication has expired, and provided there
are not other objections which remain outstanding, the permit shall
be issued and any pending public hearing on the permit shall be canceled.
I.
At the public hearing held on the application, the
Council, the objector and the applicant may agree to postpone the
public hearing to a later date, such postponement not to exceed an
additional 60 days from the date of that public hearing.
J.
After the hearing when the Council reviews an application
for a demolition permit, the Council shall consider the following
factors, among other factors deemed appropriate by the Council, before
reaching its decision on the application:
(1)
The purposes of this article.
(2)
The historical, architectural or aesthetic significance of the historic resource, and the historic classification of that historic resource as determined pursuant to § 311-149 of this article.
(3)
The design and compatibility of the proposed
work with the character of its site, including the effect of the proposed
work on neighboring structures.
(4)
Whether the historic resource can be used for
any purpose for which it is or may be reasonably adapted. To that
end, the owner must demonstrate that the sale of the property and
the alternative use of the historic resource is impracticable and
that rental cannot provide a reasonable rate of return. The objector
must also provide his/her or its recommendations for the continued
use of the historic resource in question.
(5)
Where an application for demolition is based
on a demonstrated and proven economic hardship, the Council may lessen
its requirements in order to account for the economic situation involved.
K.
Every decision of the Council shall be in writing
and shall state the reasons for the decision. The decision shall contain
the findings of fact that constitute the basis for the decision. The
Council shall furnish the applicant and objector with a copy of the
Council's decision, together with a copy of any recommendations the
Council may have for changes necessary before the application will
be reconsidered by the Council.
(1)
The Council may approve or deny the application
for a demolition permit. In approving any application for a demolition
permit, the Council may attach such reasonable conditions and safeguards
as it may deem necessary to implement the purposes of the Borough's
ordinances.
(2)
In cases where the Council approves of a demolition
permit, the Council shall require that the historic resource be recorded,
at the applicant's expense, according to the documentation standards
of the Historic American Buildings Survey and the Historic American
Engineering Record (HABS/HAER), with such written, drafted and photographic
documentation being deposited with the Council and any other historical
preservation agency or group which the Council deems necessary. In
no case will the applicant be forced to spend more than an additional
$200 on this survey. Any additional expenses will be borne by the
objecting party or the Borough if there is no objector.
(3)
In the case of an economic hardship, the Council
may prescribe a less stringent form of documentation.
(4)
In cases where the Council approves the issuance
of a demolition permit, the permit will be good for a six-month period,
unless upon written request the Council agrees to extend the time.
L.
In the case where a demolition permit is requested
for a residential property under provisions of Act 157 of 2006, the
Borough Code Enforcement Officer shall inform the Borough Council
President, HARB Chairman and Planning Commission Chairman the same
day that the request is filed. The Council President, after consulting
with the above officials and polling the members of Borough Council,
shall have the authority to respond, in writing, within five days
to approve or deny the request, based on the criteria established
by this article. This response shall be subject to ratification by
Borough Council at its next scheduled public meeting under provisions
established by this article.
A.
Conditional uses. In denying a demolition permit to
an applicant, if the applicant can demonstrate the property cannot
be economically used for its present function, the Borough Council
will consider a request for conditional use of the property as follows:
(1)
In a residential district:
(a)
An owner-occupied home office or personal service business or occupational use that would involve no more than one nonresident employee and one sign not exceeding six square feet in area and which shall otherwise comply with the requirements for signs located in the O-Office District as set forth in § 311-92B of the Code of the Borough of Media.
(b)
A bed-and-breakfast business.
(c)
In an R-1 Residential District or an R-2 Residential
District, conversion into a multifamily residential property of not
more than three units. In an R-3 Residential District or an R-4 Residential
District, the number of units shall not exceed five.
(d)
A limited-scale day-care or educational use that would involve no more than one nonresident employee and one sign not exceeding six square feet in area and which shall otherwise comply with the requirements for signs located in the O-Office District as set forth in § 311-92B of the Code of the Borough of Media.
(e)
In an R-3 Residential District or an R-4 Residential
District, a nonprofit organization office, day-care, funeral home
or educational use.
(2)
In an ROA (retail-office-apartment) or O (office)
District:
(a)
Owner-occupied single-family detached or semidetached
home.
(b)
A multifamily residential dwelling of not more
than five units.
(c)
A bed-and-breakfast business.
(d)
A home office business as permitted in a residential
district.
(e)
A school or educational use.
(f)
In an O-Office District, a small-scale retail
or personal services business, provided that no more than 1,200 square
feet of floor space shall be used for such retail or personal service
business.
(3)
In an HBO or Industrial District:
(a)
An owner-occupied single-family detached dwelling,
semidetached dwelling, attached (townhouse) dwellings of not more
than five units or a multifamily dwelling (apartments) of not more
than six units.
(b)
A bed-and-breakfast business.
(c)
A home office business as permitted in a residential
district.
B.
Special exception uses and bulk and area regulations.
(1)
The Zoning Hearing Board is authorized to grant
special exceptions for the use of an historic resource property as
a bed-and-breakfast and for the modifications to the area and bulk
regulations or design standards allowable for an historic resource
within the HR Overlay District for applications meeting the following
criteria:
[Amended 7-20-2017 by Ord. No. 1126-2017]
(a)
In any dwelling used for a bed-and-breakfast, the owner or any immediate
family member shall be in residence during operation of the establishment.
(b)
Granting the special exception will have minimal detrimental effect
on adjacent and nearby properties.
(c)
Any proposed rehabilitation, alteration or enlargement of an historic
resource should reflect the development objective of the underlying
zoning district and be in substantial compliance with the Secretary
of the United States Department of the Interior's standards for historic
rehabilitation.
(d)
The applicant shall demonstrate to the satisfaction of the Zoning
Hearing Board that there is adequate parking for the bed-and-breakfast
use. taking into account the number of bedroom units, the number of
off-street parking spaces provided on the property and the availability
of on-street parking spaces in the immediate vicinity of the property.
(e)
The applicant shall demonstrate that there is at least one off-street
parking space per bedroom unit plus one additional off-street parking
space for the owner/manager of such bed-and-breakfast establishment
on the same parcel.
(f)
There shall be no more than one sign, which shall be a freestanding
wall or monument sign with an area not to exceed four square feet;
such sign shall be composed of stone. brick, wood or metal and not
vinyl. Such sign shall not be internally lit.
(2)
The Zoning Hearing Board, in granting a special
exception, may propose modifications to applicable lot area, lot dimensions,
yard requirements or any other applicable area and bulk regulation
or design standard for plans affecting an historic resource. However,
the permitted modifications shall be limited to the minimum necessary
to adequately accommodate the proposed plans and will ensure that
the resulting development is appropriate in context to the immediate
neighborhood of the historic resource.
(3)
In granting approval of a special exception,
in addition to such other conditions as the Zoning Hearing Board may
impose, the Zoning Hearing Board may require the establishment of
facade easements or other means to guarantee permanent protection
of the historical integrity of the subject historic resource.
(4)
Except where clearly detrimental to historic
integrity and where public health, safety and welfare are otherwise
adequately provided for, all other applicable standards contained
in this chapter shall be complied with to include requirements for
landscaping, lighting, storage, access, traffic management and circulation,
loading, parking and signs.
This article shall not be construed to prevent
the ordinary maintenance or repair of any historic resource, where
such work does not require a permit by law, and where the purpose
and effect of such work is to correct any deterioration or decay of,
or damage to, an historic resource and to restore the same to its
condition prior to the occurrence of such deterioration, decay or
damage.
Any party to the hearing before the Council
aggrieved by a decision of the Council may seek judicial review of
that decision in any court of competent jurisdiction in accordance
with the procedures and time limitations set forth in the Pennsylvania
Municipalities Planning Code, as amended from time to time.
Failure to perform any action required by this article or performance of any action which is prohibited by this article shall constitute a violation hereof. Any person violating any of the provision of this article shall be subject to a fine of not more than $1,000 for each offense, plus court costs, including reasonable attorney fees incurred as a result thereof. Each day that a violation continues shall constitute a separate violation. All fines collected shall be deposited into the Borough general fund. At the discretion of the Council, these funds may be used for historic preservation to further the achievement of the purposes described in § 311-141.
A.
The historic resources subject to this article and
their respective classifications are set forth on the Historic Resources
Map and the Official Listing of Historic Resources by Classification
attached hereto as Appendix A[1] and made a part hereof. The Council may add and classify
additional Historic Resources which it finds to be significant to
the Borough to the HR Overlay District and the Historic Resources
Map and the Official Listing of Historic Resources by Classification
from time to time by enacting an ordinance amending Appendix A for
such purposes. Any such additional historic resources shall be classified
by Council in accordance with the following classifications.
(1)
Class I Historic Resources: listed in the National
Register of Historic Places as provided in the National Historic Preservation
Act of 1966, 16 U.S.C. § 470 et seq.
(2)
Class II Historic Resources: listed as or determined
to be eligible for the National Register of Historic Places as provided
in the National Historic Preservation Act of 1966, 16 U.S.C. § 470
et seq., and listed in the Historic Resources Survey of Media Borough
by the Delaware County Planning Commission, dated November 1990, or
any subsequent survey or update conducted by the Delaware County Planning
Commission.
(3)
Class III Historic Resources: listed in the
Media Borough Historic Sites Survey prepared by the Delaware County
Planning Department, dated November 1990, and recommended for the
Register of the Pennsylvania State Bureau of Historic Preservation,
Pennsylvania Historical and Museum Commission.
(4)
Class IV Historical Resources: properties listed
in the Media Borough Historic Sites Survey prepared by the Media Borough
Historic Sites Committee, dated November 1972, and recommended to
the Media Borough Council for preservation, or properties designated
and marked by the official Borough Council historic plaques because
of the unique significance to the Borough of Media.
(5)
Class V Historic Resources: buildings, structures,
sites or objects that are at least 50 years old and recommended for
inclusion through adoption of a written resolution by the Media Borough
HARB or the Media Historical Society.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter. The Historic Resources Map is on file in the Borough offices.
B.
Historic resources added to these classifications
must meet one or any combination of the following criteria. The historic
resource:
(1)
Has significant character, interest or value
as an example of the development, heritage or cultural characteristics
of the Borough, the county, the commonwealth or the United States.
(2)
Is the site of a resource associated with a
significant historic event.
(3)
Exemplifies the cultural, political, economic,
social or historical heritage of the community.
(4)
Embodies distinguishing characteristics of an
architectural style or engineering specimen.
(5)
Is the work of a designer, architect, landscape
architect or engineer whose individual work has significantly influenced
the development of the Borough, the county, the commonwealth or the
United States.
(6)
Contains elements of design, detail, materials
or craftsmanship which represents a significant innovation.
(7)
Is the singular example of a design or use of
material or style of architecture within the Borough.
(8)
Is part of the historic context of a square,
park or other distinctive area which should be preserved according
to a plan based on an historic, cultural or an architectural context.
(9)
Is a landmark; that is, an established and familiar
visual feature which assists in defining the character of the neighborhood,
community or Borough due to its unique location or singular physical
characteristic.
(10)
Has yielded or is likely to yield information
of importance to the history of the Borough, the county or the commonwealth.
C.
Properties shall be added to or removed from the HR
Overlay District by means of an ordinance amending this article and
adopted pursuant to the requirements of the Pennsylvania Municipalities
Planning Code for amendments to zoning ordinances.
A.
Nothing contained herein shall be deemed to limit
the authority of the Borough to enforce any provisions of any other
codes or ordinances governing the maintenance or condition of properties
within the Borough, including, without limitation, the Property Maintenance
Code,[1] as the same may be in effect in the Borough from time
to time.
B.
The Borough reserves the right to order or decree
that any structure which the Borough finds to be an imminent threat
to public safety to be demolished, and the Borough Council shall have
the right to waive the requirements of this article for any property
which the Borough Council deems to be an imminent danger to health,
safety or welfare.
