[Added 11-18-1986 by Ord. No. 546, approved 11-18-1986]
An historic district, to be known as the "Shippensburg
Historic District," located within the geographic limits of the Borough
of Shippensburg, is hereby created.
[Added 6-21-1994 by Ord. No. 634, approved 6-21-1994]
As used in this article, the following terms
shall have the meanings indicated:
Having the same or nearly the same qualities, features, appearance
or characteristics.
A.
The area included within the Shippensburg Historic
District is that as shown on the official Shippensburg Historic District
Map, which, together with all explanatory matter thereon, is hereby
adopted by reference and declared to be part of this article.[1]
[1]
Editor's Note: Said map, and a complete description
of the areas included thereon, is on file in the Borough offices.
B.
Map entry.
(1)
If, in accordance with the provisions of this article,
changes are made in historic district boundaries or other matter portrayed
on the Shippensburg Historic District Map, such changes shall be entered
on the Shippensburg Historic District Map promptly after the amendment
has been approved by the Borough Council, with an entry on the Shippensburg
Historic District Map as follows:
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"On (date), by official action of the Borough
Council of the Borough of Shippensburg, the following changes(s) were
made in the Shippensburg Historic District Map: (brief description
of change(s)."
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(2)
This entry shall be signed by the President of the
Borough Council and properly attested. No amendment to this article
which involves matter portrayed on the Shippensburg Historic District
Map shall become effective until after such change entry has been
made on said map and until such change, if it involves the addition
of an area to the district, has been approved by the Pennsylvania
Historical and Museum Commission by virtue of a resolution certifying
to the historical significance of the new area.
C.
No changes of any nature shall be made in the Shippensburg
Historic District Map or matter shown thereon except in conformity
with the procedures set forth in this article. Any unauthorized change
of whatever kind by any person or persons shall be considered as a
violation of this article.
D.
Regardless of the existence of purported copies of
the Shippensburg Historic District Map, which may from time to time
be made or published, the Shippensburg Historic District Map which
shall be located in the Shippensburg Borough office shall be the final
authority as to the current historic status of buildings and other
structures in the Borough for the purposes of this article.
E.
Where uncertainty exists as to the boundaries of the
district as shown on the Shippensburg Historic District Map, the following
rules shall apply:
(1)
Boundaries indicated as approximately following the
center lines of streets, highways or alleys shall be construed to
follow such center lines.
(2)
Boundaries indicated as parallel to or extensions
of features indicated in the above shall be so construed.
(3)
Where physical or cultural features existing on the
ground are at variance with those shown on the Shippensburg Historic
District Map or in other circumstances not covered by the above, the
Borough Council shall interpret the district boundaries.
The President and Secretary of Borough Council are hereby authorized and directed to request a certification by resolution of the Pennsylvania Historical and Museum Commission to the historic significance of the district within the limits defined in § 78-32 hereof. The President and Secretary of the Borough Council are further directed to place such certification among the municipal records of the Borough.
A.
A Board of Historical Architectural Review is hereby
established, to be composed of seven members, appointed by the Council,
one of whom shall be a registered architect; one a licensed real estate
broker; one a professor or teacher with a knowledge of and interest
in the preservation of historic districts; one the Borough's Zoning
Officer, who is its building permit officer; one a member of the Shippensburg
Planning Commission, having knowledge of and interest in the preservation
of historic districts; and two additional persons with a knowledge
of and interest in the preservation of historic districts, one of
whom shall own property within and reside within the Historic District
of the Borough. The initial terms of the first seven members of the
Board shall be as follows: three shall serve until December 31, 1989;
two until December 31, 1990; and two until December 31, 1991. Their
successors shall serve terms of five years.
B.
The position of any member of the Board appointed
in his capacity as a registered architect, a licensed real estate
broker, a professor or teacher, Zoning Officer or Planning Commission
member who 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 Board shall be charged with the responsibility of review of the Historic District limits, as outlined in § 78-32 hereof. The Board shall give counsel to the Borough Council of the Borough of Shippensburg regarding the advisability of issuing any certificates required to be issued pursuant to the Act of June 13, 1961, P.L. 282, as amended, 53 P.S. § 8001 et seq., and this article. Such counsel shall, at all times, be consistent with the provisions of all ordinances of the Borough. For this purpose, the Board may make and alter rules and regulations for its own organization and procedure, consistent with the ordinances of the Borough and the laws of the commonwealth. A majority of the Board shall constitute a quorum. The members of the Board shall serve without compensation and shall make an annual report of their activities to Borough Council. The Board may, pursuant to appropriations by the Borough Council, employ secretarial assistance.
For the purposes of this article, the words
"permit" or "building permit" shall mean any permit issued by the
Borough Zoning Officer, including but not limited to building and
sign permits. Upon receipt of an application for a building permit
for work to be done in the Historic District affecting the exterior
of a building then existing or to be built in said district, the Zoning
Officer shall act in accordance with the procedures presently being
followed in that office, except as those procedures are necessarily
modified by the following requirements:
A.
He shall forward to the Board of Historical Architectural
Review a copy of the application for a building 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 shall be in addition to and appropriately cross-referenced
to his other records.
C.
Upon application to the Zoning Officer, he shall make
a determination as to whether or not the work to be done to a structure
will result in a change to the exterior of the structure which requires
a certificate of appropriateness. In the event that the Zoning Officer
determines that the work proposed will not alter the exterior of the
structure in such manner as to require a certificate of appropriateness,
the Zoning Officer shall issue a building permit for the completion
of the work. The Zoning Officer shall issue building permits, upon
application made, for like kind replacements of elements of a structure.
For example, the Zoning Officer may issue a building permit for the
replacement of a shingle roof with the same or similar materials or
the replacement of porch elements with the same or similar style elements.
In addition to the above, the Zoning Officer may issue a building
permit for the installation of storm or replacement windows or Redi-Exit
fire escape systems.
[Added 6-19-1990 by Ord. No. 586, approved 6-19-1990; amended 6-21-1994 by Ord. No.
634, approved 6-21-1994; 4-20-2010 by Ord. No. 856; approved 4-20-2010]
[Amended 6-21-1994 by Ord. No. 634, approved 6-21-1994]
The Zoning Officer shall not issue a permit
for any erection, reconstruction, alteration, restoration, demolition
or razing of a building then existing or to be built in this Historic
District where such work will affect the exterior facade of the building
facing any one or more of the following streets: King Street (between
Spring Street and Kenneth Avenue), Burd and Orange Streets (between
Seneca Street and Sherman Avenue), Fayette Street (between Neff and
Martin Avenues), Earl Street (between Fort and Orange Streets), Penn
and Prince Streets (between Fort Street and Lutz Avenue), Washington
and Queen Streets (between Burd Street and Lutz Avenue) and Seneca
Street (between Orange and Fort Streets). The above areas are shown
on the Official Map of the Shippensburg Historic District.
A.
Upon receipt by the Board of Historical Architectural
Review of a notice that an application for a building permit for the
erection, reconstruction, alteration, restoration, demolition or razing
of a building or buildings in the Historic District has been filed
with the Zoning Officer, the Board shall schedule a meeting to consider
the counsel which the Board will give to the Borough Council of the
Borough of Shippensburg. The person applying for the permit shall
be advised of the time and place of said meeting and shall appear
to explain his reasons therefor. The Board shall also publish said
notice, in compliance with all applicable laws of the commonwealth.
The Board shall submit its counsel, in writing, to the Borough Council
of the Borough of Shippensburg within 30 days of the date of the Board
meeting.
[Amended 4-20-2010 by Ord. No. 856, approved 4-20-2010]
B.
In the event that the subject building has been rendered
unfit for habitation because of fire, explosion or other similar causes,
the terms of this article may be waived by the Zoning Officer to the
extent that the applicant can be issued a permit at once to proceed
to render the subject property habitable under the terms of applicable
laws of the Borough; however, any changes made to the subject property
must finally be approved under the terms of this article, and if they
are not so approved, the expense of remedying them so as to obtain
approval shall be borne by the building's owner; the permit issued
by the Zoning Officer should so state, but any failure to so state
shall not excuse the owner from bearing such expense and obligation.
In determining the counsel to be presented to
the Borough Council of the Borough of Shippensburg concerning the
issuing of a certificate of appropriateness or authorizing a permit
for the erection, reconstruction, alteration, restoration, demolition
or razing of all or a part of any building within the Historic District,
the Board shall consider the following matters:
A.
The effect of the proposed change upon the general
historic and architectural nature of the district.
B.
The appropriateness of exterior architectural features
of the facade of the building facing any one or more of the following
streets: King Street (between Spring Street and Kenneth Avenue), Burd
and Orange Streets (between Seneca Street and Sherman Avenue), Fayette
Street (between Neff and Martin Avenues), Earl Street (between Fort
and Orange Streets), Penn and Prince Streets (between Fort Street
and Lutz Avenue), Washington and Queen Streets (between Burd Street
and Lutz Avenue) and Seneca Street (between Orange and Fort Streets).
The above areas are shown on the Official Map of the Shippensburg
Historic District.
C.
The general design, arrangement, texture, material
and color of the building or structure and the relation of such factors
to similar features of buildings or structures in the district.
If the Board, on the basis of the information
received at the meeting 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 a building permit the changes
in plans and specifications, if any, which, in the opinion of the
Board, would protect the distinctive historical character of the Historic
District. The Board shall withhold its report to the Borough Council
for a period of five 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 Board, upon the meeting provided for in § 78-38 of this article and after the making of any changes in the plans and specifications as provided § 78-40 of this article, shall submit to the Borough Council of the Borough of Shippensburg, in writing, its counsel concerning the issuance of a certificate of appropriateness of authorizing a permit for the erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within the Historic District. The Board shall file a written report with the Borough Council of the Borough of Shippensburg, which shall set out the following items:
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 structure to be erected.
C.
A list of the surrounding structures, with their general
exterior characteristics.
D.
The effect of the proposed change upon the general
historic and architectural nature of the district.
E.
The appropriateness of exterior architectural features
which can be seen from a public street or way.
F.
The general design, arrangement, texture, material
and color of the building or structure and the relation of such factors
to similar features of buildings or structures in the district.
G.
The opinion of the Board as to the appropriateness
of the work proposed, as it will preserve or destroy the historic
aspect and nature of the district.
H.
The specific counsel of the Board as to the issuance
by the Borough Council or the refusal of issuance of a certificate
of appropriateness.
A.
Upon receipt of the written counsel, as provided in § 78-41 of this article, the Borough Council of the Borough of Shippensburg shall consider, at a regular or special meeting, the questions of issuing to the Zoning Officer a certificate of appropriateness authorizing a permit for the work covered by the application. The applicant shall be advised by the Secretary of the Borough Council of the time and place of the meeting at which his application will be considered and shall have the right to attend and be heard as to his reasons for filing the same. In determining whether or not to certify to the appropriateness of the proposed erection, reconstruction, alteration, restoration, demolition or razing of all or a part of any building within the Historic District, the Borough Council shall consider the same factors as the Board of Historical Architectural Review set forth in §§ 78-39 and 78-41 of this article and the report of the Board. If the Borough Council approves the application, it shall issue a certificate of appropriateness authorizing the Zoning Officer to issue a permit for the work covered. If the Borough Council disapproves, it shall do so in writing, and copies shall be given to the applicant and to the Pennsylvania Historical and Museum Commission. The disapproval shall indicate what changes in the plans and specifications would meet the conditions for protecting the distinctive historical character of the district. The Borough Council shall not consider any matter not pertinent to the historical aspect and nature of the district.
B.
In any event, the Borough Council shall render its
decision no later than 30 days after receipt of the written recommendations
of the Board of Historical Architectural Review.
Upon receipt of the written disapproval of the
Borough Council, the Zoning Officer shall disapprove the application
for a building permit and shall so advise the applicant.
The Zoning Officer shall have the power to institute
any proceedings at law or in equity necessary for the enforcement
of this article.
If any section, paragraph, subsection, clause
or provision of this article shall be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of this article as a whole or any part thereof.
The use of the masculine pronoun includes the
feminine and, in cases such as corporations, the neuter.
In addition to any other penalties or remedies
available, any person or entity who or which shall violate or fail
to comply with any provisions of this article shall, upon conviction
thereof, be punishable by a fine of not more than $300 and cost of
prosecution or, upon default in payment of the fine and costs, by
imprisonment in the county jail for not more than 30 days. Each day
in which a violation continues shall constitute a separate offense.
[Added 11-19-1996, approved 11-19-1996; amended 1-19-1999 by Ord. No.
702, approved 1-19-1999; 12-7-2010 by Ord. No. 863, approved 12-7-2010]
A.
An individual or entity proposing to raze a structure in the Historic
District of the Borough of Shippensburg shall first submit a written
application in a form provided by the Borough of Shippensburg which
shall contain the following information:
B.
Upon receipt of all of the above information, a standing appointed
committee of the Board of Historic Architectural Review will conduct
a site visit, review the Borough's files pertaining to the subject
property, and consider all other information presented by the applicant
and present a recommendation to the Board of Historic Architectural
Review.
C.
In addition to the application required above, the application shall
not be deemed complete or considered by the Board of Historic Architectural
Review unless the following information is also submitted to the Board
of Historic Architectural Review for review and consideration:
(1)
Appraisals of the subject property obtained for the purpose of obtaining
financing or other purposes.
(2)
A report by a registered professional engineer with experience in
structural engineering setting the structural integrity of the building
to be razed and any other useful information. The cost of such report
shall be the responsibility of the applicant.
(3)
A site plan showing the property boundaries and the location of all
structures, utilities, rights-of-way, easements, entrances, and/or
exits on said property as well as a site plan showing new structures,
utilities, rights-of-way, easements, entrances, and/or exits.
(4)
A list of bona fide offers for sale or lease of said property and,
if the property is for sale, a copy of the contract listing the sales
agreement.
(5)
A report of the applicant's/owner's maintenance of the
structure since it was acquired; whether the applicant/owner has neglected
maintenance to destroy the building's historic integrity or structural
integrity; removed architectural fixtures from the exterior of the
structure or otherwise damaged the property.
D.
In addition to the information required above, the applicant may
be required by the Board of Historic Architectural Review or Borough
Council to submit the following information for review and consideration.
All of the following items are optional:
(1)
A study prepared by an independent architectural historian, setting
forth the relationship of the structure to be removed to the Historic
District, as well as the impact the removal of the structure and site
development will have on the immediate block or area where it is located.
The cost of such study shall be the responsibility of the applicant.
E.
Prior to the issuance of any permit for the razing of a structure
in a Historic District, the applicant/owner shall have obtained all
necessary approvals and permits associated with the project, which
shall include, but not be limited to, zoning variances, special exceptions
or conditional use permits; subdivision and land development approval;
Department of Labor and Industry, Commonwealth of Pennsylvania approval;
Department of Transportation, Commonwealth of Pennsylvania highway
occupancy permit; water and sewer connection/disconnection permits;
and building permits for the construction of new structures.
F.
Prior to the issuance of any permit for the razing of a structure
in a Historic District, the applicant/owner shall provide security
in the form of cash, certified check, or irrevocable letter of credit
for the cost of constructing the proposed new improvements, including
any buildings. The applicant/owner will enter into an agreement with
the Borough of Shippensburg authorizing said security and providing
for completion of the improvements within 12 months from the date
of issuance of the permits.
G.
No demolition may occur until all permits necessary for the project, as well as licenses, variances, conditional use permits, or other necessary documents or approvals, have been obtained or met and the agreement set forth in Subsection F above has been executed by all parties.
H.
Vacant structures in the Historic District shall be tightly secured
against the elements and vandalism to prevent deterioration, and the
exterior of the property shall be maintained in accordance with all
applicable ordinances of the Borough of Shippensburg.
I.
Notwithstanding the foregoing, the council or its designees shall have the authority to issue a permit for the razing or demolition of a structure in the Historic District when, in the opinion of a registered professional engineer with experience in structural engineering, a structure or building represents a danger to the life or property of any or all citizens of the Borough of Shippensburg. The cost of such opinion shall be the responsibility of the structure's owner. A permit granted under this section shall not relieve the property owner from providing financial security for new improvements and entering into an Agreement with the Borough as required in Subsection F above.
