[HISTORY: Adopted by the Borough Council
of the Borough of Homestead 4-12-2001 by Ord. No. 1124. Amendments noted where
applicable.]
GENERAL REFERENCES
Zoning — See Ch. 260.
A.
Purpose. Structures or districts with special historic,
cultural, architectural or educational significance enhance the quality
of life for all residents of the Borough of Homestead, Allegheny County,
and the Commonwealth of Pennsylvania. Accordingly, the purposes of
the Local Historic District(s) are:
(1)
To protect those portions of the Borough reflecting
the cultural, economic, social, political, and architectural history
of the Borough of Homestead, Allegheny County, the Commonwealth of
Pennsylvania, and the nation.
(2)
To preserve property values, attract future residents,
and strengthen the local economy.
(3)
To foster public education, awareness of local history,
and civic pride in the beauty and accomplishments of the past.
(4)
To establish special development requirements and
procedures to assure that new construction, reconstruction, alteration,
rehabilitation, restoration, or demolition of buildings within the
district(s) enhances the character of the district(s).
B.
Boundaries. The boundaries of the Local Historic District
are the same as the boundaries of the National Historic District as
listed on the National Register of Historic Places. These boundaries
are as follows:
Beginning at the point of intersection of the northerly right-of-way
line of Eighth Avenue and the easterly right-of-way line of Hays Street;
thence northeastwardly along the said northerly right-of-way line
of Eighth Avenue to its point of intersection with the property line
separating Allegheny County Block and Lot System Parcels 130-N-319
and 130-N-324; thence northwestwardly along the said property line
extended to its point of intersection with the northerly right-of-way
line of Seventh Avenue; thence eastwardly along said northerly right-of-way
line of Seventh Avenue to its point of intersection with the property
line separating Allegheny County Block and Lot System Parcels 130-J-39
and 130-K-87; thence northwestwardly along the said property line
to its point of intersection with the property line separating Allegheny
County Block and Lot System Parcels 130-J-39 and 130-K-99; thence
first southeastwardly then northwestwardly along the said property
line extended to its point of intersection with the westerly property
line separating Allegheny County Block and Lot System Parcels 130-J-40
and 130-J-125; thence first northwestwardly then northeastwardly along
the said property line extended to its point of intersection with
the easterly right-of-way line of Amity Street; thence southeastwardly
along the easterly right-of-way line of Amity Street to its point
of intersection with the southerly right-of-way line of Sixth Avenue;
thence northeastwardly along the southerly right-of-way line of Sixth
Avenue to its point of intersection with the property line separating
Allegheny County Block and Lot System Parcels 130-F-19 and 130-F-23;
thence southeastwardly along the said property line extended to its
point of intersection with the southerly right-of-way tine of Seventh
Avenue; thence north eastwardly along the southerly right-of-way line
of Seventh Avenue to its point of intersection with the property line
separating Allegheny County Block and Lot System Parcels 130-K-245
and 130-K-248; thence southeastwardly along the said property line
to its point of intersection with the northerly right-of-way line
of Eighth Avenue; thence northeastwardly along the northerly right-of-way
line of Eighth Avenue to its point of intersection with the easterly
right-of-way line of McClure Street; thence northwestwardly along
the easterly right-of-way line of McClure Street to its point of intersection
with the property line separating Allegheny County Block and Lot System
Parcels 130-G-278 and 130-G-282; thence eastwardly along the said
property line extended to the point of intersection with the easterly
right-of-way line of Stone Way; thence southeastwardly along the easterly
right-of-way line of Stone Way to its point of intersection with the
northerly right-of-way line of Eighth Avenue; thence eastwardly along
the northerly right-of-way line of Eighth Avenue to its point of intersection
with the easterly right-of-way line of Tammany Way; thence northwestwardly
along the easterly right-of-way line of Tammany Way to its point of
intersection with the property line separating Allegheny County Block
and Lot System Parcels 130-G-222 and 130-G-224; thence eastwardly
along the said property line to its point of intersection with the
westerly right-of-way line of Dickson Street; thence southeastwardly
along the westerly right-of-way line of Dickson Street to its point
of intersection with the northerly right-of-way line of Eighth Avenue;
thence eastwardly along the northerly right-of-way line of Eighth
Avenue to its point of intersection with the property line separating
Allegheny County Block and Lot System Parcels 130-G-165 and 130-G-167;
thence northwestwardly along the said property line a distance of
85.65 feet to its point of intersection with the northerly property
line of Allegheny County Block and Lot System Parcel 130-G-165; thence
northeastwardly along the said northerly property line extended to
its point of intersection with the easterly right-of-way line of Heisel
Street; thence southeastwardly along the easterly right-of-way line
of Heisel Street to its point of intersection with the northerly right-of-way
line of Eighth Avenue; thence eastwardly along the northerly right-of-way
line of Eighth Avenue to its point of intersection with the westerly
right-of-way line of City Farm Lane; thence northwestwardly along
the westerly right-of-way line of City Farm Lane to its terminus;
thence eastwardly along said terminus to its point of intersection
with the easterly right-of-way line of City Farm Lane, which is also
the municipal boundary line separating the Borough of Homestead and
the Borough of Munhall; thence southeastwardly along the easterly
right-of-way line of City Farm Lane extended to its point of intersection
with the center line of Eighth Avenue; which is also the municipal
boundary line separating the Borough of Homestead and the Borough
of Munhall; thence westwardly along the center line of Eighth Avenue
to its point of intersection with the center line of McClure Street,
which is also the municipal boundary line separating the Borough of
Homestead and the Borough of Munhall; thence southeastwardly along
the center line of McClure Street to its point of intersection with
the extended northerly right-of-way line of Twelfth Avenue; thence
southwestwardly along the northerly right-of-way line of Twelfth Avenue
to its point of intersection with the property line separating Allegheny
County Block and Lot System Parcels 130-R-1986 and 130-R-1988; thence
northwestwardly along the said property line and continuing along
the easterly property line of Allegheny County Block and Lot System
Parcel 130R-88 extended to its point of intersection with the southerly
right-of-way line of Laurel Way; thence northeastwardly along the
southerly right-of-way line of Laurel Way to its point of intersection
with the westerly right-of-line of McClure Street; thence northwestwardly
along the westerly right-of-way line of McClure Street to its point
of intersection with the northerly right-of-way line of Park Way;
thence southwestwardly along the northerly right-of-way line of Park
Way to its point of intersection with the westerly right-of-way line
of Ann Street; thence southeastwardly along the westerly right-of-way
line of Ann Street to its point of intersection with the northerly
right-of-way line of Eleventh Avenue; thence southwestwardly along
the northerly right-of-way line of Eleventh Avenue to its point of
intersection with the westerly right-of-way line of Amity Street;
thence northwestwardly along the westerly right-of-way line of. Amity
Street to its point of intersection with the northerly right-of-way
line of Park Way; thence southwestwardly along the northerly right-of-way
line of Park Way to its point of intersection with the property line
separating Allegheny County Block and Lot System Parcels 130-P-239
and 130-P-241; thence northwestwardly along the said property line
extended to its point of intersection with the northerly right-of-way
line of Tenth Avenue; thence northeastwardly along the northerly right-of-way
line of Tenth Avenue to its point of intersection with the westerly
right-of-way line of Amity Street; thence northwestwardly along the
westerly right-of-way line of Amity Street to its point of intersection
with the northerly right-of-way line of Locust Way; thence southwestwardly
along the northerly right-of-way line of Locust Way to its point of
intersection with the westerly right-of-way line of West Street; thence
northwestwardly along the westerly right-of-way line of West Street
to its point of intersection with the property line separating Allegheny
County Block and Lot System Parcels 130-P-77 and 130-P-183; thence
southwestwardly along the said property line to its point of intersection
with the easterly property line of Allegheny County Block and Lot
System Parcel 130-P-75; thence northwestwardly along the said property
line extended to its point of intersection with the property line
separating Allegheny County Block and Lot System Parcels 130-P-58
and 130-P-60; thence northwestwardly along the said property line
extended to its point of intersection with the northerly right-of-way
line of Hazel Way; thence southwestwardly along the northerly right-of-way
line of Hazel Way to its terminus and continuing along the southerly
property line of Allegheny County Block and Lot System Parcel 130-N-358
to its point of intersection with the easterly right-of-way line of
Hays Street; thence northwestwardly along the easterly right-of-way
line of Hays Street to its point of intersection with the northerly
right-of-way line of Eighth Avenue, the point of beginning.
An Historical Architectural Review Board (HARB)
is hereby created subject to the following requirements:
A.
Membership.
(1)
The Historical Architectural Review Board shall be
a joint municipal board of the Boroughs of Homestead, West Homestead
and Munhall. Members shall be appointed by the Borough Councils. It
shall be composed of not less than 11 members. One member shall be
a registered architect appointed at-large by the three Borough Councils;
one member shall be a licensed real estate broker appointed at-large
by the three Borough Councils; one shall be a building inspector or
borough engineer of each of the three boroughs; and the remaining
six members shall be two persons from each of the three boroughs who
are residents of that borough and who have knowledge of and interest
in the preservation of historic districts.
(2)
Each Board member shall serve a term of three years
and may be reappointed for an unlimited number of terms by the Borough
Councils. Board members shall serve without compensation but shall
be reimbursed for any personal expenditures in the conduct of HARB
business.
(3)
Board members are required to disqualify themselves
from voting on any project in which their own financial interests
are directly or indirectly involved.
B.
Meetings.
(1)
The Historical Architectural Review Board shall meet
monthly at a regularly prescribed date and meeting place and at other
times as its Chairperson may deem necessary. All meetings of the HARB
shall be open to the public. A simple majority of the HARB shall constitute
a quorum, and action taken at any meeting shall require the affirmative
vote of a majority of the Board members present.
(2)
The HARB shall adopt such rules and regulations as
it considers necessary in the administration of its duties. It shall
keep minutes of its proceedings, showing the vote of each member upon
each question, or, if absent or failing to vote, indicating such fact.
It shall keep records of its hearings and other official actions,
all of which shall be immediately filed with the Borough Secretary
and shall be a public record.
(3)
The HARB shall prepare an annual report of its activities
and present it to the Borough Council(s) by February 1 of each year.
C.
Powers and duties. The HARB shall have the power and
duty to:
(1)
Coordinate local historic preservation efforts with
those of the Pennsylvania History and Museum Commission and the National
Trust for Historic Preservation.
(2)
Sponsor public information activities, when deemed
appropriate, publicizing historic preservation efforts, including
speaking engagements, press releases, the preparation and publication
of maps, brochures and descriptive materials in the boroughs, etc.
(3)
Conduct an inventory and classify historic resources
according to the criteria in this chapter.
(4)
Recommend areas and buildings to the Borough Council(s)
for designation as Local Historic Districts.
(5)
Review and make recommendations to the Borough Council(s)
on applications for certificates of appropriateness pursuant to the
requirements of this chapter.
(6)
Develop and recommend to the Borough Council(s) specific
guidelines for each historic district prior to the establishment of
such district, delineating specific criteria for the approval of certificates
of appropriateness, in addition to the criteria listed in this chapter.
(7)
To recommend the establishment of an appropriate system
of markers for selected historic and/or architectural sites, buildings
and structures, including proposals for the installation and care
of such historic markers.
(8)
To advise owners of historic buildings on problems
and issues of preservation, renovation, restoration, and maintenance.
Historic resources included in an historic district
may include individual structures or groups of structures, land, or
land and structures in combination, provided that the resource has
architectural or historical significance to the community.
A.
Classification of historic districts. The following
kinds of districts may be included as historic districts established
by the Borough Council:
(1)
National Register Historic District: an area listed
as an historic district on the National Register of Historic Places.
(2)
Local Historic District: an area designated as an
historic district by local ordinance which has been certified as significant
by the Pennsylvania Historical and Museum Commission according to
the provisions of the Historic District Act (Act 167 of 1961).[1]
[1]
Editor's Note: See 53 P.S. § 8001
et seq.
B.
Classification of structures within historic districts.
Within any historic district, all principal structures shall be classified
based on their contribution to the overall character and integrity
of the district in the following categories:
(1)
Significant: structures that are outstanding examples
of the architecture of the district or of major importance in the
history of the district.
(2)
Contributing: structures that may lack individual
significance but which contribute to the overall historic or architectural
character of the district.
(3)
Noncontributing or intrusion: structures that do not
contribute to the overall historic or architectural character of the
district.
C.
Classification of historic resources not in historic
districts. Individual structures, groups of structures, land, or land
and structures in combination may be designated by the Borough Council(s),
by ordinance, as historic resources in the historic district and shall
be subject to the provisions of this chapter. In designating properties
not listed in historic districts for inclusion in a Local Historic
District, the following kinds of properties shall be eligible:
(1)
Properties listed on the National Register of Historic
Places or evaluated by the National Park Service or the Pennsylvania
History and Museum Commission as eligible for listing on the National
Register.
(2)
Properties identified as having outstanding historic
or architectural significance in a state historic resource survey
or other competent inventory and with the recommendation of the HARB.
D.
Procedure for designation.
(1)
The Historical Architectural Review Board shall have
the responsibility of recommending to the Borough Council the adoption
of ordinances designating sites or areas as Local Historic Districts.
(2)
Prior to the designation of any Local Historic District,
the Historical Architectural Review Board shall submit to the Borough
Council a report and recommendation on the historical and architectural
significance of the site or area to be designated. Such report shall
also attempt to provide an indication of the economic status of the
property or properties under consideration for designation, including
assessed value, recent real estate transactions or other appropriate
data. The report shall also recommend the boundaries of any proposed
historic district and recommend standards and guidelines for the approval
of certificates of appropriateness in the proposed district.
(3)
The recommendation of the Historical Architectural
Review Board shall not become final until it is approved and adopted
by the Borough Council.
For all land and buildings located within a
Local Historic District, a certificate of appropriateness must be
approved by the Borough Council prior to the issuance of a building
and/or demolition permit.
A.
Activities requiring a certificate. With the exception of the uses and activities described in § 153-5B, Exempt activities, a certificate of appropriateness will be required for the following:
(1)
The erection of any building or structure, including
signs, within the Local Historic District;
(2)
The reconstruction, alteration or restoration of the
exterior of any building or structure within the Local Historic District;
or
(3)
The razing, demolition or movement of any building
or structure within the Local Historic District.
B.
Exempt activities. A certificate of appropriateness
shall not be required for alterations to building interiors or for
normal repairs and maintenance to building exteriors, such as repainting,
provided such repair and maintenance activity does not include any
change in color or any structural alterations.
C.
Application requirements. Applications for certificates
of appropriateness required by this section shall be made to the Zoning
Officer on forms provided, together with architectural sketches, elevations
and other information described on the application form.
D.
Notice of public meetings. Prior to considering any
application for a certificate of appropriateness required by this
section, the Historical Architectural Review Board shall provide public
notice of the date, time and location of the public meeting at which
the Board shall consider the application for any such certificate.
Such notice shall appear at least one time in a newspaper having general
circulation in the Borough, and shall appear no less than seven days
prior to the date of such public meeting.
E.
Recommendation by the Historical Architectural Review
Board. Within 30 days after the public meeting to consider the application
for a certificate of appropriateness, the Historical Architectural
Review Board shall submit its written recommendation to the Borough
Council.
F.
Action by the Borough Council. After receipt of the
recommendation from the Historical Architectural Review Board, or
if no recommendation is received then 60 days after the public meeting,
the Borough Council shall at its next regularly scheduled Council
meeting either:
The recommendation and decision on an application
for a certificate of appropriateness shall be based on the following
standards as is applicable to the particular activity and/or use of
the property and the buildings thereon:
A.
Standards for new construction. New construction in
the Local Historic District will be certified as appropriate if it
is compatible with the scale and basic design elements of adjacent
and neighboring buildings which are classified as significant and
contributing and with distinguishing site 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
shall be considered in the evaluation of the appropriateness of new
construction:
(1)
Building height. New buildings should be constructed
to a maximum height that is within 10% of the average height of neighboring
buildings.
(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)
Spacing of windows and doors. The spacing of windows
and doors in the front facade of a building should be similar to adjacent
buildings.
(5)
Horizontal lines. Header and sill lines of a building
should be located at similar heights or elevation as 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.
Placement of sidewalks and projection of porches should be similar
to adjacent buildings.
(7)
Roofs. The shape, style and material of the roof of
a new building should be similar to the roofs of adjacent and surrounding
buildings.
(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 not related to its surroundings in terms of massing,
rhythm and proportions.
(11)
Landscaping. The use of plant materials that
are traditional in the district should be encouraged. Similarly encouraged
is the use of paving and fence materials that are traditional in the
district.
B.
Standards for rehabilitation. Except as provided in Subsection C below, the following "standards for rehabilitation" shall be used by the Historical Architectural Review Board when determining if a rehabilitation project is appropriate. These standards are a section of the Secretary of the Interior's "Standards for Historic Preservation Projects," and appear in Title 36 of the Code of Federal Regulations, Part 1208 (formerly 36 CFR Part 67).
(1)
Every reasonable effort shall be made to provide a
compatible use for a property which requires minimal alteration of
the building, structure, or site and its environment, or to use a
property for its originally intended purpose.
(2)
The distinguishing original qualities or character
of a building, structure or site and its environment shall not be
destroyed. The removal or alteration of any historic material or distinctive
architectural features should be avoided when possible.
(3)
All buildings, structures and sites shall be recognized
as products of their own time. Alterations that have no historical
basis and which seek to create an earlier appearance shall be discouraged.
(4)
Changes which may have taken place in the course of
time are evidence of the history and development of a building, structure
or site and its environment. These changes may have acquired significance
in their own right, and this significance shall be recognized and
respected.
(5)
Distinctive stylistic features or examples of skilled
craftsmanship which characterize a building, structure or site shall
be treated with sensitivity.
(6)
Deteriorated architectural features shall be repaired
rather than replaced wherever possible. In the event replacement is
necessary, the new material should match the material being replaced
in composition, design, color, texture, and other visual qualities.
Repair or replacement of missing architectural features should be
based on accurate duplications of features, substantiated by historic,
physical or pictorial evidence rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
(7)
The surface cleaning of structures shall be undertaken
with the gentlest means possible. Sandblasting and other cleaning
methods that will damage the historic building materials shall not
be undertaken.
(8)
Every reasonable effort shall be made to protect and
preserve archaeological resources affected by, or adjacent to, any
project.
(9)
Contemporary design for alterations and additions
to existing properties shall not be discouraged when such alterations
and additions do not destroy significant historical, architectural
or cultural material, and such design is compatible with the size,
scale, color, material, and character of the property, neighborhood
or environment.
(10)
Whenever possible, new additions or alterations
to structures shall be done in such a manner that if such additions
or alterations were to be removed in the future, the essential form
and integrity of the structure would be unimpaired.
C.
Standards for additions to noncontributing structures.
The appropriateness of additions to noncontributing structures in
local historic districts shall be judged primarily in terms of their
visual impact on nearby properties. Additions should generally be
certified as appropriate if their size is minor in relation to the
total structure and if they do not significantly increase the visual
appearance of incompatibility between the noncontributing structure
and neighboring structures which are contributing or significant.
D.
Standards for signs. All signs within the Local Historic
District shall comply with the sign regulations which are applicable
in the underlying zoning district, unless excepted under the provisions
of the subsections hereunder, and with the additional special standards
for signs contained elsewhere in the Borough's Zoning Ordinance.[1]
(1)
A sign which meets the requirements of the applicable
district must still be certified as appropriate in relation to the
specific building on which it is to be located and in terms of compatibility
with signs in the surrounding area; compliance with the applicable
zoning district requirements does not guarantee approval of a certificate
of appropriateness.
(2)
The Historical Architectural Review Board may recommend
and the Borough Council may issue a certificate of appropriateness
for a sign which is not permitted by the regulations of the applicable
zoning district if the proposed sign is shown to be historically accurate
by documentation acceptable to the HARB.
E.
Standards for demolition or relocation of structures.
(1)
In the case of a building to be razed, demolished,
or moved, the Historical Architectural Review Board and the Borough
Council shall consider:
(2)
If the initial recommendation of the Review Board
is against the proposed demolition, a period of 90 days shall be provided
during which the Review Board shall attempt to negotiate with the
applicant in order to achieve an acceptable alternative to the proposed
demolition. If agreement is not reached by the end of the ninety-day
period, the Review Board shall transmit its negative recommendation
to the Borough Council, which shall issue or deny a certificate of
appropriateness based on its consideration of all of the information
presented. If the Borough Council authorizes issuance of a permit
for demolition after a negative recommendation from the Review Board,
a permit shall not be issued for 10 days, during which time the Historical
Architectural Review Board may request, and the Borough Council may
order, that issuance of a permit be delayed for an additional 90 days
in order to allow documentation of the resource prior to its destruction.
A.
Condition. No person owning any building or structure
within the Local Historic District shall permit or cause such building
or structure to suffer demolition by neglect.
B.
Definition. "Demolition by neglect" exists where there
is:
(1)
Deterioration of exterior walls or other vertical
supports, roofs or other horizontal members, and external chimneys,
such that the structural integrity of the building may be threatened
or compromised;
(2)
Ineffective waterproofing of exterior walls, roofs and foundations causing or contributing to the deterioration specified in Subsection B(1) above;
(3)
Significant rotting and other forms of decay; or
(4)
Creation of any hazardous or unsafe condition or conditions.
A.
Code Enforcement Officer. The Code Enforcement Officer
shall have such power to institute a proceeding at law or in equity
to enforce the provisions of this chapter as is provided elsewhere
in the Code of Ordinances of the Borough.
B.
Fines. The Borough Council shall establish and update
by resolution a schedule of fees and a collection procedure relating
to this chapter.[1]
(1)
Any person demolishing or razing or causing the demolition
or razing of all or part of any building or structure without first
obtaining a certificate of appropriateness in accordance with this
chapter shall be fined.
(2)
Any person permitting or causing demolition by neglect
shall be subject to a fine per day for every day that said condition
remains unabated or uncorrected after having received written notice
of such condition from the Borough.
[1]
Editor's Note: Said fee schedule and collection
procedures are on file in the Borough offices.
