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Borough of Mechanicsburg, PA
Cumberland County
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[Ord. 1067, 1/18/2005, § 1]
Pursuant to the authority contained in the Act of June 13, 1961, P.L. 282, No. 167, as amended, 53 P.S. § 8001 et seq., as amended, there is hereby created a Historic District within the Borough of Mechanicsburg.
[Ord. 1067, 1/18/2005, § 1]
This chapter shall be known and may be cited as the "Mechanicsburg Historic Preservation Ordinance."
[Ord. 1067, 1/18/2005, § 1]
Article I, Section 27, of the Pennsylvania Constitution states: "The people have a right to clean air, pure water, and to the preservation of the natural, scenic, historic and aesthetic values of the environment. Pennsylvania's public natural resources are the common property of all the people, including generations yet to come. As trustees of these resources, the Commonwealth shall conserve and maintain them for the benefit of all the people." The Council, in furtherance of that right, establishes the Historic District for the following purposes:
A. 
To promote, protect, enhance, perpetuate, and preserve the Historic District for the educational, cultural, economic and general welfare of the public through the preservation, protection and regulation of buildings and structures, of historic and/or architectural interest or importance within the Borough of Mechanicsburg.
B. 
To safeguard the heritage of the Borough by preserving and regulating a Historic District which reflects elements of its cultural, social, economic, political, and architectural history.
C. 
To preserve and enhance the environmental quality of the Borough's neighborhoods.
D. 
To strengthen the Borough's economic base by the stimulation of the tourist industry.
E. 
To establish and improve the Borough's property values.
F. 
To foster economic development within the Borough.
G. 
To foster civic pride in the beauty and accomplishments of the Borough's past.
H. 
To preserve and protect the cultural, historical and architectural assets and resources of Mechanicsburg for which the citizens and officials have determined to be of local, state or national, historical and/or architectural significance.
I. 
To provide for new buildings and alterations that will be harmonious with existing historically and architecturally significant buildings and streetscapes.
[Ord. 1067, 1/18/2005, § 1]
1. 
For the purpose of this chapter:
A. 
All words used in the present tense include the future tense.
B. 
All words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the word clearly indicates otherwise.
C. 
The word "shall" is mandatory.
D. 
The word "used" includes designated, intended, built, or arranged to be used.
E. 
The male gender includes female gender.
F. 
The words "building" and "structure" shall be construed as if followed by the phrase "or part thereof."
2. 
For the purposes of this chapter, the following terms shall have the definitions assigned:
ALTERATION
Any act or process requiring a certificate of appropriateness, building permit or zoning permit in the Historic District and any other act or process not requiring such certificate or permit but specifically listed in this Code or other Borough ordinance as a reviewable action, including without limitation, the construction, replacement, reconstruction, alteration, demolition, relocation or other change in exterior appearance not constituting repairs (see definition of "repairs") of any building, structure or portion thereof which is visible from a street or public way.
APPLICATION
A properly and fully completed application for a permit, including building permit, zoning permit, demolition permit, sign permit or related permit, and certificate of appropriateness which conform to the submission criteria established by the Borough to include, but not be limited to, the following activities in the Historic District:
A. 
Construct, reconstruct, restore, enlarge, alter or demolish a building or structure.
B. 
Change the occupancy of a building or structure requiring greater strength, exitway or sanitary provisions.
C. 
Change to another use.
D. 
Install or alter any equipment which is regulated by the Building, Zoning and/or Subdivision and Land Development chapters[1] or any other Borough ordinance.
E. 
Replace roofs.
F. 
Build decks.
G. 
Construct patios.
H. 
Construct or place accessory buildings or structures on property.
BOROUGH
The Borough of Mechanicsburg, Pennsylvania.
BOROUGH COUNCIL
The Borough Council of the Borough of Mechanicsburg.
BUILDING
Any enclosed or open structure intended for occupancy and/or use for human or animal habitation, or for storage of personal property, and which is permanently affixed to the land, including manufactured homes, mobile homes, covered porches, bay windows and chimneys.
CERTIFICATE OF APPROPRIATENESS
The approval statement signed by the Council President which certifies the historical appropriateness of work for which an application is required under this chapter for the erection, construction, alteration, reconstruction, restoration or demolition of all or any portion of any building, structure, object, monument, or other resource within the district and authorizes the issuance of a permit for the request.
CODE
The Code of Ordinances of the Borough of Mechanicsburg.
CONSTRUCTION
Any or all work necessary for the erection of any building or structure or portion thereof.
COUNCIL
The Borough Council of the Borough of Mechanicsburg.
DEMOLITION
The dismantling or tearing down and removal of all or any portion of any building or structure and all operations incidental thereto, including the neglect of routine maintenance and repairs which can lead to deterioration, decay, and/or constitutes a public safety concern.
DEMOLITION BY NEGLECT
The absence of routine maintenance and repair which facilitates structural weakness, decay or deterioration in a building or structure to the extent necessitating its demolition.
ERECTION
The result of construction such as all or any portion of a building, structure, monument, sign, or object on the ground or on a structure or building.
HARB
The Historical Architectural Review Board.
HISTORIC DISTRICT
The area described in § 10A-201 of this chapter and as depicted on the Historic District Map of the Borough of Mechanicsburg established under the provisions of this chapter.
HISTORICAL ARCHITECTURAL REVIEW BOARD (HARB)
The Board that advises the Council on any requests for authorization to erect, construct, alter, reconstruct, repair, restore, or demolish any buildings or structures, within the Historic District.
PERMIT
A permit, when issued on behalf of the Borough by the Permit Officer, which grants approval for the construction, erection, alteration, reconstruction, restoration or demolition of all or a part of any building, structure, object, monument, sign or other resource within the Borough or for land uses within the Borough.
PERMIT OFFICER
An employee or official of the Borough, whether the Codes Administrator, Building Official, Building Permit Officer, Zoning Officer or other authorized person, severally or in combination, authorized by the Borough to issue permits.
RECONSTRUCTION
The act or process of reproducing by new construction the exact form and detail of a vanished building or structure as it appeared at a specific period of time, but not necessarily of original material.
REPAIRS
Any or all work involving the replacement of existing work with like-kind, equivalent material for the purpose of maintenance, but not including any addition, change or modification in construction.
SIGN
Any display, structure, device or object which incorporates lettering, logos, colors, lights, or illuminated inert gas tubes visible to the public from a building or structure, which either conveys a visual message to the public, or intends to advertise, direct, invite, announce, or draw attention to goods, products, services, activities, or facilities, excluding window displays, merchandise and temporary signs.
STREET
A public right-of-way constructed to municipal standards which affords primary vehicular traffic or pedestrian access to abutting properties, which includes avenue, boulevard, road, highway, freeway, parkway, public way and viaduct, but shall not include an alley.
STRUCTURE
Anything constructed or erected, having a permanent or semipermanent location on another structure or in or upon the ground, including without limitation buildings, sheds, manufactured homes, garages, fences, gazebos, freestanding signs, billboards, antennas, satellite sending or receiving dishes, vending machines, decks, and swimming pools.
[1]
Editor's Note: See Ch. 5, Code Enforcement, Ch. 27, Zoning, and Ch. 22, Subdivision and Land Development, respectively.