[HISTORY: Adopted by the Council of the City
of New Rochelle 7-16-1985 by Ord. No. 196-1985; amended in its entirety 9-23-1986 by Ord. No.
225-1986. Subsequent amendments noted where applicable.]
A.
The City Council of the City of New Rochelle hereby
finds and declares that it is desirable to take measures to provide
for the creation of historic districts and landmark sites and structures
in furtherance of the following public purposes, which are found to
promote the economic benefits, the cultural and educational advantages
and the general welfare of the residents of the City of New Rochelle:
(1)
To provide for the protection, enhancement, perpetuation
and use of those districts, sites and structures which are illustrative
of the growth and development of our nation, our state and our City
and which are of particular historic or aesthetic value to New Rochelle.
(2)
To recognize and ensure the preservation of those
elements of the City's past which represent many and varied architectural,
artistic and cultural achievements which cannot be duplicated or otherwise
replaced.
(3)
To promote the use of historic districts and landmark
sites and structures as a means of providing enjoyment and unique
educational benefit by perpetuating the physical evidence of New Rochelle's
past.
(4)
To stabilize and improve property values of such districts,
sites and structures and otherwise promote their reuse.
(5)
To protect and enhance the City's attractions to tourists
and visitors and the support and stimulus to business and industry
thereby provided.
(6)
To foster civic pride in those elements of the City's
past which gave New Rochelle its unique character and set it apart
from other communities.
B.
The City Council of the City of New Rochelle hereby
further finds and declares that demolition or decay of historic landmarks
and inappropriateness or poor quality of design in the exterior appearance
of buildings erected in historic districts adversely affects the desirability
of the immediate area and neighboring areas for residential and business
or other uses and, by so doing, impairs the benefits of occupancy
of existing property in such areas, impairs the stability and value
of both improved and unimproved real property in such areas and destroys
a proper relationship between the taxable value of property in such
areas and the cost of municipal services provided therefor.
C.
ADDITION
ALTERATION
APPROPRIATE
ARCHITECTURAL SIGNIFICANCE
BUILDING
BUILDING INSPECTOR
BUILDING OFFICIAL
CERTIFICATE OF APPROPRIATENESS
CERTIFICATE OF ECONOMIC HARDSHIP
CHANGE
CHARACTER
COMPATIBLE
CONSTRUCTION
DEMOLISH
DEMOLITION PERMIT
FEATURE
HISTORIC DISTRICT
HISTORIC INTEGRITY
HISTORIC LANDMARK
HISTORIC SIGNIFICANCE
HISTORICALLY SIGNIFICANT PROPERTY
MAINTAIN
OBJECT
OWNER
PREVENTATIVE MAINTENANCE
REPAIR
SIGNIFICANT
STRUCTURE
STYLE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
[Added 11-21-2023 by Ord.
No. 2023-196]
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
Shall include any act or process, other than demolition or
preventative maintenance, that changes the exterior appearance of
significant historical or architectural features, or the historic
context of a designated landmark, including, but not limited to, exterior
changes, additions, new construction, erection, reconstruction, or
removal of the building or structure, or grading.
Especially suitable or compatible.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
Any construction created to shelter any form of human use,
such as a house, garage or barn, and which is permanently affixed
to the land. "Building" may also refer to a historically related complex,
such as a house.
The person, or his or her designee, authorized and certified
to enforce the New York State Fire Prevention and Building Code.[1] The person, or his or her designee, who is also authorized
by the village/town/City governing board to enforce this chapter,
except where another official is expressly authorized.
Building Official of the City of New Rochelle or other officer
duly authorized to perform his duties.
An official form issued by the Historical and Landmarks Review
Board stating that the proposed work on an designated historic landmark
or in the historic district is compatible with the historic character
of the property and thus in accordance with the provisions of this
chapter and therefore:
An official form issued by the Commission when the denial
of a certificate of appropriateness has deprived, or will deprive,
the owner of the property of all reasonable use of, or economic return
on, the property.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
Defined by form, proportion, structure, plan, style or material.
General character refers to ideas of design and construction such
as basic plan or form. Specific character refers to precise ways of
combining particular kinds of materials.
In harmony with location, context, setting, and historic
character.
The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
A permit issued by the building official allowing the applicant
to demolish a building or structure, after having received a certificate
of demolition approval from the Commission.
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
resource.
See § 170-2A.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
See § 170-2A.
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
City of New Rochelle.
See § 170-3A.
To keep in an existing state of preservation or repair.
Constructions that are primarily artistic in nature or are
relatively small in scale and simply constructed. Although it may
be movable by nature or design, an object is associated with a specific
setting or environment. Examples include boundary markers, mileposts,
fountains, monuments, and sculpture. This term may include landscape
features.
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of the property records section of the City.
Any work to prevent deterioration or damage to the structural
integrity or any exterior feature of a landmark or historic resource
that does not involve a change in design, material or exterior appearance.
Such work includes, but is not limited to, painting, roof repair,
foundation or chimney work, or landscape maintenance.
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay, and may incorporate replacement- in-kind or refurbishment
of materials on a building or structure.
Having particularly important associations with the contexts
of architecture, history and culture.
Anything constructed or erected, the use of which requires
location in the ground or attachment to something having location
in the ground. Included are swimming pools, parking garages, decks,
paddle tennis courts, or any assembly of materials over four feet
in height, but not anything requiring only simple paving or surfacing
of the ground, such as parking lots, driveways or sidewalks.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
[1]
Editor's Note: See Ch. III, Building Construction.
[Amended 1-18-2005 by Ord. No. 17-2005]
A.
HISTORIC DISTRICT
(1)
(2)
HISTORIC LANDMARK
(1)
(2)
(3)
(4)
In order to promote the general welfare through the
preservation and protection of buildings and structures of historical
or architectural interest, the City Council may from time to time
enact ordinances creating historic districts and historic landmarks.
In considering whether or not to create such district or landmark,
the following criteria and definitions shall be followed:
An area of the City which is one having special
character and special historic value and representing one or more
periods or styles of art or architecture typical of one or more past
eras and geographically combining such factors in a distinct and identifiable
portion of the City so as to constitute a discernable district; or
An area which has been duly included on the
National Register of Historic Places maintained by the United States
Secretary of the Interior or which has been duly included on the New
York State Historic and Natural Districts Inventory or New York State
Archaeological Site Inventory maintained by the New York State Board
of Historic Preservation.
A building, structure or parcel of land not located in a
designated historic district which possesses one or more of the following
characteristics:
Association with persons or events of historic
significance to the City, region, state or nation.
Illustrative of historic growth and development
of the City, region, state or nation.
In case of structures, embodying distinctive
characteristics of a type, period or method of construction or representing
the work of a master or possessing unique architectural and artistic
qualities or representing a significant and distinguishable entity.
Which has been duly included on the National
Register of Historic Places maintained by the United States Secretary
of the Interior or which has been duly included on the New York State
Historic and Natural Districts Inventory or New York State Archaeological
Site Inventory maintained by the New York State Board of Historic
Preservation.
B.
Establishment of historic districts. The City Council
may establish an historic district pursuant to the following procedures:
[Amended 11-18-2008 by Ord. No. 212-2008]
(1)
An application for establishment of an historic district
shall be submitted to the Historical and Landmark Review Board and
shall include the following information:
(a)
A concise statement of the remaining physical
elements which make this area an historic district and a description
of building types and architectural styles and periods represented.
(b)
A concise statement of how the district meets the review criteria of the definition of "historic district" in § 170-2A above.
(c)
A map showing the boundaries of the proposed
district and structures located therein.
(d)
A justification of the boundaries of the district.
(e)
Names and addresses of every property owner
within the proposed district.
(2)
Within 62 days from the date that its staff has verified that all the requested information in § 170-2B(1) has been submitted and is accurate, the Historical and Landmark Review Board shall declare the application complete. A notice must be published at least 10 days prior to the meeting at which the application is declared complete. The notice must contain a description of the process leading to a moratorium. The HLRB then sets a public hearing date to hear public comment on the application. The notice of public hearing shall include the time and place of the public hearing and a map clearly delineating the boundaries of the proposed historic district. A description of the moratorium restrictions and time frame (§ 170-2D) will be included. The notice of public hearing shall be published once in the official newspaper of the City not less than 10 days preceding the scheduled date of public hearing. In addition, copies of the notice of public hearing shall be mailed by certified mail, return receipt requested, to all owners of real property located within the area delineating the proposed historic district, as shown on the current records of the City Assessor; by regular mail to the president(s) of any civic, homeowners, and similar organizations operating within the area delineating such proposed district, as shown on the current records of the City Manager; and by regular mail to the State Office of Parks, Recreation, and Historic Preservation.
(3)
The Historical and Landmark Review Board shall, within 30 days to 62 days after the close of the public hearing, make a recommendation to the City Council regarding establishment of the proposed historic district. The recommendation shall include a statement of how the district complies with or fails to comply with the applicable qualification criteria set forth in Subsection A of this section. The Historical and Landmark Review Board shall forward the application together with its recommendation to the City Council. If the recommendation is negative, the application shall be deemed denied.
(4)
If the Historical and Landmark Review Board makes
a positive recommendation regarding establishment of the proposed
historic district, the City Council shall set a public hearing to
hear public comment on the application to establish such district
and shall refer the matter to the Planning Board for its recommendation
as to the proposed district's compatibility with the City's Comprehensive
Plan, Local Waterfront Revitalization Program if applicable, relevant
Urban Renewal Plan if any, and/or other relevant City-adopted plans.
The notice of the City Council public hearing shall be published in
the same manner as the notice of public hearing before the Historical
and Landmark Review Board. In addition, a copy of the notice of public
hearing with map shall be mailed, by certified mail, return receipt
requested, to all owners of real property located within the area
delineating the proposed historic district, as shown on the current
records of the City Assessor.
(5)
The City Council shall make its determination on whether
to establish the proposed historic district within 62 days of the
close of its public hearing therefor.
C.
Establishment of historic landmarks. The City Council
may designate a historic landmark pursuant to the following procedures:
(1)
An application for designation of an historic landmark
shall be submitted to the Historical and Landmark Review Board and
shall include the following information:
(a)
A concise description of the physical elements,
qualities, architectural style, period and historical significance
represented by the landmark, including a consideration of scale, materials,
workmanship and spatial qualities, as relevant.
(b)
A concise statement of how the landmark meets the review criteria in the definition of "historic landmark" in § 170-2A above.
(c)
Exterior photographs of the landmark and a site map illustrating significant details described in § 170-2C(1)(a) above.
(2)
Within 62 days from the date that its staff has verified that all the requested information in § 170-2C(1) has been submitted and is accurate, the Historical and Landmark Review Board shall declare the application complete and shall set a public hearing to hear public comment on the application. The notice of public hearing shall include the time and place of the public hearing and the block, lot and address of the real property on which such landmark is located. The notice of public hearing shall be published once in the official newspaper of the City not less than 10 days preceding the scheduled date of public hearing. In addition, copies of the notice of public hearing shall be mailed by certified mail, return receipt requested, to the owner of the real property on which such proposed historic landmark is located, as shown on the current records of the City Assessor; by regular mail to the president(s) of any civic, homeowners, and similar organizations operating within the area delineating such proposed landmark, as shown on the current records of the City Manager; and by regular mail to the State Office of Parks, Recreation, and Historic Preservation.
(3)
The Historical and Landmark Review Board shall, within 62 days after the close of the public hearing, make a recommendation to the City Council regarding designation of the proposed historic landmark. The recommendation shall include a statement of how the landmark complies with or fails to comply with the applicable qualification criteria set forth in Subsection A of this section. The Historical and Landmark Review Board shall forward the application together with its recommendation to the City Council. If the recommendation is negative, the application shall be deemed denied.
(4)
If the Historical and Landmark Review Board makes
a positive recommendation regarding establishment of the proposed
historic landmark, the City Council shall set a public hearing to
hear public comment on the application to designate such landmark
and shall refer the matter to the Planning Board for its recommendation
as to the proposed landmark's compatibility with the City's Comprehensive
Plan, Local Waterfront Revitalization Program if applicable, relevant
Urban Renewal Plan if any, and/or other relevant City-adopted plans.
The notice of the City Council public hearing shall be published in
the same manner as the notice of public hearing before the Historical
and Landmark Review Board. In addition, a copy of the notice of public
hearing and recommendation of the Historical and Landmark Review Board
shall be mailed, by certified mail, return receipt requested, to the
owner of real property on which such proposed historic landmark is
located, as shown on the current records of the City Assessor.
(5)
The City Council shall make its determination on whether
to designate the proposed historic landmark within 62 days of the
close of its public hearing regarding the matter.
[Amended 11-18-2008 by Ord. No. 212-2008]
D.
Moratorium on variance, subdivision, site plan, building
permit, sign permit, or demolition permit approvals. No variance,
subdivision, site plan, building permit, sign permit, or demolition
permit applications that result in a change to the exterior of a building
or property that is visible from a public street or alley shall be
approved by the appropriate City board, department or bureau for real
properties proposed to be included in a proposed historic district
or a proposed historic landmark during the period commencing after
the Historical and Landmark Review Board makes a positive recommendation
to the City Council and concluding when such application is approved
or denied by the City Council.
[Amended 11-18-2008 by Ord. No. 212-2008]
[Added 3-24-1987 by Ord. No. 69-1987]
A.
HISTORICALLY SIGNIFICANT PROPERTY
In order to enhance civic pride in New Rochelle's
unique past, the City Council may from time to time recognize certain
structures and sites as having historical significance. In considering
this recognition, the following definition shall be followed:
A building, structure or parcel of land that lacks architectural
significance but possesses one or more of the following characteristics:
B.
Submittal requirements. Any request to recognize a
historically significant property shall be submitted in writing and
shall include the following;
(2)
A description of the physical elements of the structure
or site, to indicate how the structure or site lacks the architectural
significance necessary for designation as a landmark.
(3)
A current exterior photograph of the structure (and
a photograph of the original structure, if available) and a site map
to show its location.
C.
Procedure.
[Amended 1-18-2005 by Ord. No. 17-2005]
(1)
Within 62 days from the date that its staff has verified that all the requested information in § 170-3B(1) through (3) has been submitted and is accurate, the Historical and Landmark Review Board shall declare the request for recognition complete and shall set a public hearing to hear public comment on the request. The notice of public hearing shall include the time and place of the public hearing and a map clearly showing the location of the proposed historically significant property. The notice of public hearing shall be published once in the official newspaper of the City not less than 10 days preceding the scheduled date of public hearing. In addition, copies of the notice of public hearing shall be mailed by certified mail, return receipt requested, to the owner of the real property on which such proposed historically significant property is located, as shown on the current records of the City Assessor, and by regular mail to the president(s) of any civic, homeowners, and similar organizations operating within the area delineating such proposed historically significant property, as shown on the current records of the City Manager.
(2)
The Historical and Landmark Review Board shall, within 62 days after the close of the public hearing, make a recommendation to the City Council regarding recognition of the proposed historically significant property. The recommendation shall include a statement of how the proposed historically significant property complies with or fails to comply with the applicable qualification criteria set forth in Subsection A of this section. The Historical and Landmark Review Board shall forward the request for recognition together with its recommendation to the City Council. If the recommendation is negative, the request shall be deemed denied.
(3)
If the Historical and Landmark Review Board makes
a positive recommendation regarding recognition of the proposed historically
significant property, the City Council shall set a public hearing
to hear public comment on the request to recognize the proposed historically
significant property and shall refer the matter to the Planning Board
for its recommendation as to the proposed historically significant
property's compatibility with the City's Comprehensive Plan, Local
Waterfront Revitalization Program if applicable, relevant Urban Renewal
Plan if any, and/or other relevant City-adopted plans. The notice
of the City Council public hearing shall be published in the same
manner as the notice of public hearing before the Historical and Landmark
Review Board. In addition, a copy of the notice of public hearing
and recommendation of the Historical and Landmark Review Board shall
be mailed, by certified mail, return receipt requested, to the owner
of real property on which such proposed historically significant property
is located, as shown on the current records of the City Assessor,
together with a written request that such owner respond in writing,
on form provided, to the City Council to express his or her view regarding
recognition of the proposed historically significant property.
(4)
The City Council shall make its determination on whether
to recognize the proposed historically significant property within
45 days of the close of its public hearing regarding the matter.
D.
No design criteria review or certificate of appropriateness.
Properties determined to have historical significance as set forth
in this section shall not be subject to any design criteria review
and shall not require the issuance of a certificate of appropriateness
for any proposed changes or modifications to facades, additions, new
constructions or any new improvements.
[Amended 1-18-2005 by Ord. No. 17-2005]
A.
Establishment and procedure.
(1)
The City Council shall appoint a Board, which shall
consist of seven members, all of whom shall be residents of the City
of New Rochelle, to be known as the "Historical and Landmark Review
Board."
[Amended 4-19-1994 by Ord. No. 85-1994; 1-18-2005 by Ord. No. 17-2005]
(2)
At least one of the members of the Board shall be
a licensed architect and at least one of the members of the Board
shall be experienced in the real estate business. The members of the
Board shall include at least one owner-occupant from each of the designated
historic districts in the City. The City Council shall seek to appoint
at least one member to the Board with expertise in the field of local
history. The Commissioner of Development shall be an ex-officio nonvoting
eighth member of the Board, and the staff of the Department of Development
and consultants, if any, retained by the Department of Development
for such purpose shall serve as staff for the Board for the purpose
of conducting and coordinating studies and research and providing
other material and information necessary for the Board to reach its
decisions.
[Amended 1-18-2005 by Ord. No. 17-2005]
(3)
Each member shall serve for a term of five consecutive
years, except that, of the first appointments to the Board, only one
member shall serve for five years, one shall serve for four years,
one for three years, one for two years, and one for one year.
(4)
Members shall serve without compensation.[1]
[1]
Editor’s Note: Former Subsection A(4), requiring one licensed architect, one person experienced with real estate business, and one person picked from a panel proposed by the Historical Association on the Board, was repealed 1-18-2005 by Ord. No. 17-2005. This local law also redesignated existing Subsection A(5) through (10) as A(4) through (9).
(5)
They shall continue to hold office until their successors
have been appointed and qualified.
(6)
The Board, once constituted, shall designate its own
Chairman. The Board members shall also designate an Acting Chairman
and shall set meeting dates and adopt such procedures pertaining to
their duties as they may deem necessary to perform their functions
as set forth herein and as are consistent with the laws of the nation,
state and City.
(7)
All meetings of the Board shall be open to the public.
(8)
The Board shall keep minutes of its proceedings, showing
the vote of each member upon every question or, if absent or failing
to vote, indicating such fact and shall also keep records of its examinations
and other official actions. Every rule, regulation, every amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall immediately be filed in the office of the Department
of Development and with the City Clerk and shall be a public record.
(9)
Four members shall constitute a quorum, and actions
may be taken by vote of a majority of members present and voting,
except that the affirmative vote of four members shall be required
for the refusal to grant a certificate of appropriateness or the grant
of a delayed certificate of appropriateness or the grant of a certificate
of appropriateness conditioned upon specific structural performance.
Board members shall be required to exempt themselves from voting on
any project in which their own financial interests are directly involved.
[Amended 1-18-2005 by Ord. No. 17-2005]
B.
Duties of the Board. The Historical and Landmark Review
Board, together with the Board's staff and consultants, shall:
[Amended 1-18-2005 by Ord. No. 17-2005]
(1)
Review and provide guidance regarding applications
for nomination of structures, sites and districts for historic preservation.
(2)
Prepare recommendations on proposals for the designation
of potential historic sites, structures and districts.
(3)
Issue or deny certificates of appropriateness for
landmarks and buildings in historic districts.
(4)
Maintain and periodically revise listings of historical
sites, buildings and districts and data about them, appropriately
classified with respect to national, state or local significance.
(5)
Establish procedures for the identification and designation of additional historic districts, sites and landmarks as defined in § 170-2A herein.
(6)
Formulate recommendations concerning the establishment
of an appropriate system of markers for selected historic and/or architectural
sites and buildings, including proposals for the installation and
care of such historic markers.
(7)
Formulate recommendations concerning the preparation
and publication of maps, brochures and descriptive material about
the City's historic and/or architectural sites and buildings.
(8)
Cooperate with and advise the City Council, the Planning
Board and other City agencies in matters involving historically and/or
architecturally significant sites and buildings, such as appropriate
land usage, parking facilities and signs, as well as adherence to
zoning regulations having to do with lot dimensions and minimum structural
standards.
(9)
Cooperate with and enlist assistance from the National
Park Service, the National Trust for Historic Preservation, the State
Historic Preservation Officer and other state agencies, public and
private, and local agencies concerned with historic sites and buildings.
(10)
Advise the owners of historic buildings on problems
of preservation.
(11)
File an annual report with the City Council.
(12)
Evaluate,
without public hearing, an application for ordinary maintenance and
repair of historic resources, properties or landmarks; approve, approve
with modifications, or deny any such applications.
[Added 11-21-2023 by Ord. No. 2023-196]
C.
Training and attendance requirements.
[Added 11-21-2023 by Ord.
No. 2023-196]
(1)
Each member of the Board shall complete, at a minimum, four hours
of training each year designed to enable such members to more effectively
carry out their duties. Training received by a member in excess of
four hours in any one year may be carried over by the member into
succeeding years in order to meet this requirement. Such training
shall be approved by the Development Commissioner or a designee and
may include, but not be limited to, training provided by a municipality,
regional or county planning office or commission, county planning
federation, state agency, statewide municipal association, college
or other similar entity. Training may be provided in a variety of
formats, including but not limited to electronic media, video, distance
learning and traditional classroom training.
(2)
To be eligible for reappointment to the board, a member shall have
completed the training approved by the Development Commissioner or
a designee.
(3)
The training may be waived or modified by resolution of the City
Council when, in the judgment of the City Council, it is in the best
interest to do so.
(4)
No decision of a commission shall be voided or declared invalid because
of a failure to comply with this subsection.
A.
Notwithstanding any inconsistent ordinance, code,
rule or regulation concerning the issuance of building, sign or other
permits, no material change of appearance in any feature of a structure
or site in a designated historic district or of a designated landmark
and no new construction in a designated historic district and no demolition
in such district or of a landmark shall be commenced without a certificate
of appropriateness having first been issued. The certificate of appropriateness
required by this section shall be in addition to and not in lieu of
any building, sign or other permit that may be required by any state
or local law or regulation.
[Amended 11-18-2008 by Ord. No. 212-2008]
B.
In passing upon an application for a certificate of
appropriateness, the Historical and Landmark Review Board shall not
consider changes to interior spaces, except in cases where the interiors
of public buildings have been designated, or to architectural features
that are not visible from a public street or alley.
C.
Applications and notification.
(1)
Applications for a certificate of appropriateness shall be submitted to the Board in such form and including such written information and data and such plans, elevations, drawings, etc., as the Board may require. A filing fee will be required as set forth in Chapter 133, Fees.
[Amended 5-23-1994 by Ord. No. 109-1994]
(2)
In addition, the applicant shall notify, in writing,
property owners within 150 feet of any such proposal, measured from
each corner of the applicant's lot. All notifications are to be given
by certified mail, return receipt requested, no less than 10 days
prior to the scheduled public hearing on the application.
[Added 10-18-1988 by Ord. No. 299-1988; amended 3-16-1999 by Ord. No. 64-1999]
(3)
Further,
public notice of the proposal shall be posted by the owner or owner's
representative on the property for a minimum of 10 days. This notice
must remain in place until a decision to approve or deny the certificate
of appropriateness has been made. The notice shall specify the proposed
work, the time and place of the public hearing, and to whom and by
when any public comments are to be communicated. The notice must be
placed at or near the property line in the front yard so that it will
be plainly visible from the street, and, in cases where a property
has frontage on more than one street, an additional sign must be placed
at or near the property line on any additional street frontage so
that the sign will be plainly visible from the street on which it
has such additional frontage.
[Added 11-21-2023 by Ord. No. 2023-196]
D.
Issuance of certificate.
(1)
Criteria for issuing a certificate of appropriateness.
[Amended 9-20-2001 by Ord. No. 190-2001; 11-18-2008 by Ord. No.
212-2008; 11-21-2023 by Ord. No. 2023-196]
(a)
Certificate of appropriateness; general criteria. The Commission
shall approve the issuance of a certificate of appropriateness only
if it determines that the proposed work will not have a substantial
adverse effect on the aesthetic, historical, or architectural significance
and value of the individual landmark or if the proposed work is within
a historic district, proposed work will not have a substantial adverse
effect on the aesthetic, historical, or architectural significance
of the property itself, the district or neighboring properties in
such district.
(b)
In making this determination, the Commission's decision
to approve, approve with modification(s) or deny an application for
a certificate of appropriateness for an individual landmark will be
guided by the Secretary of the Interior's Standards for Rehabilitation
and by the following principles:
[1]
The Commission's decision to approve, approve with modification(s)
or deny an application for a certificate of appropriateness for an
improvement to property located within a historic district shall be
based on the following principles:
[a]
Properties which contribute to the character of
the historic district shall be retained, with their historic features
altered as little as possible;
[b]
Any alteration of existing properties shall be
compatible with the surrounding historic district; and
[c]
New construction shall be compatible with the historic
district in which it is located;
(c)
In applying the principle of compatibility set forth in Subsection D(1)(b) of this section, the Commission shall consider the following factors:
[1]
The general design and character of the proposed alteration
or new construction relative to existing features of the property
or improvement;
[2]
The scale and visual compatibility of the proposed alteration
or new construction in relation to the property itself, surrounding
properties, and the neighborhood;
[3]
Texture and materials, and their relation to similar features
of the property and other properties in the neighborhood;
[4]
Visual compatibility with surrounding properties, including
proportion of the property's facade, proportion and arrangement
of windows and other openings within the facade, roof shape, and the
rhythm of spacing of properties on streets, including setback; and
[5]
The importance of historic physical and visual features to the
significance of the property.
(d)
In approving an application for a certificate of appropriateness,
the Commission shall find that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan or with stated modifications, would be consistent
with the spirit and intent of chapter, would not be visually offensive
or inappropriate by reason of poor quality of exterior design, monotonous
similarity or visual discord in relation to the sites or surroundings,
would not mar the appearance of the area, would not impair the use,
enjoyment and desirability or reduce the values of properties in the
area, would not be detrimental to the character of the neighborhood,
would not prevent an appropriate development and utilization of the
site or of adjacent lands and would not adversely affect the functioning,
economic stability, prosperity, health, safety and general welfare
of the community.
(e)
Where the Commission grants a certificate of appropriateness
under circumstances where the permitted activity is likely to uncover
or affect archaeological resources, the Commission shall require reasonable
efforts to protect and preserve such resources. Where such protection
and preservation is not feasible, the Commission shall nonetheless
impose appropriate and reasonable conditions to insure that the archaeological
resource is made accessible for a reasonable period to qualified persons.
(f)
With respect to demolition, in whole or in part, of a landmark
or building located in an historic district, the Board shall consider
whether:
[1]
The continued existence of the building as a landmark or as part of an historic district prevents the owner from realizing a reasonable return on the property as specified in the hardship criteria in § 170-5 herein.
[2]
The building is of such architectural or historical interest
that its removal would be to the detriment of the public interest.
[3]
The building is of such interest that it could be made into
an historic landmark.
[4]
The building is of such old and unusual or uncommon design,
texture and material that it could not be reproduced or could be reproduced
only with great difficulty.
[5]
Retention of the building would help preserve and protect an
historic place or area of historic interest in the City.
[6]
Retention will promote the general welfare by maintaining and
increasing real estate values and encourage interest in American history
and architecture.
(g)
The Board shall, when applying design criteria guidelines to
determine whether certificates of appropriateness should be granted,
consider its previous applications and determination of same so as
to maximize fairness and equal treatment under the law. However, exercise
of discretion in favor of one confers no right upon another to demand
the same decision. The Board may give weight to slight differences
which may not be easily discernible but provide a rational basis for
distinguishing its decision from contrary prior determinations.
(2)
If the Board approves the material change proposed,
the Board shall issue a certificate of appropriateness, which shall
specify the work to be done. In issuing such certificate, the Board
may prescribe any conditions that it deems to be necessary to carry
out the intent and purposes of this chapter. A certificate issued
pursuant to this section shall relate solely to proposed plans accompanying
the application or otherwise submitted to the Board for official consideration
prior to issuance of said certificate. It shall be unlawful to deviate
from the plans, including any modifications required as a condition
of the issuance of such certificate, unless and until an amended certificate
shall be applied for and issued. Notwithstanding the foregoing, the
Board shall not issue any such certificate if it has been advised
by the Building Official that there is an impediment to the issuance
of any building, sign or other permit, as may be required by applicable
state or local law or regulation, for said work. The official certificate
of appropriateness (or copy which was received from the Board upon
approval of the application must be prominently displayed at the property,
and it must be clearly visible to the public while work is underway.
[Amended 9-20-2001 by Ord. No. 190-2001]
(3)
With respect to an application to raze a landmark
or a structure located in an historic district, the Historical and
Landmark Review Board shall have the right to issue a delayed certificate
of appropriateness. Such certificate shall not permit demolition or
razing for a period of up to four months from the date of issuance
of the delayed certificate of appropriateness therefor, during which
time the Board and the applicant shall undertake serious and continued
discussion for the purpose of finding a method to save such property.
During such period, the applicant and the Board shall cooperate in
attempting to avoid demolition of the property. At the end of this
four-month period, if no mutually agreeable method of saving the subject
property bearing a reasonable prospect of eventual success is underway
or if no formal application for funds from any government unit or
nonprofit organization to preserve the subject property is pending,
the Building Official may issue the permit to demolish the property
without the approval of the Board. If such mutually agreeable method
for saving the subject property is not successful or no such funds
to preserve the subject property have been obtained and available
for disbursement within a period of two months following the end of
such four-month period, the Building Official may issue the permit
to demolish the property without the approval of the Board.
(4)
If the Board determines that a certificate of appropriateness
should not be issued or that a delayed certificate or a certificate
contingent upon specific structural performance should not be issued,
the Board shall notify the applicant, in writing, of such determination
and of the Board's reasons therefor and shall file such notice with
the City Clerk. Such notice shall advise the applicant of his right
to appeal such determination to a court of competent jurisdiction
in the State of New York within 30 days of the filing of the written
notice.
(5)
Unless the action of the Historical and Landmark Review
Board is reversed by a court of competent jurisdiction, the Building
Official shall refuse to grant a building permit or sign or demolition
or other permit in an historic district or involving a landmark where
a certificate of appropriateness has been denied or where the grant
of such permit is not within the terms and conditions of such certificate
of appropriateness as has been granted.
(6)
Notwithstanding the foregoing, if the Board fails
to issue a certificate of appropriateness or notify the applicant
of its determination not to issue a certificate within 90 days after
such application therefor is filed, or within such additional time
period as the Board and the applicant may agree, such application
shall be deemed approved.
E.
Nothing contained in this chapter shall be construed
as authorizing the Historical and Landmark Review Board, in acting
with respect to an application for a certificate of appropriateness
or in adopting regulations in relation thereto, to waive any regulation
or laws relating to zoning and planning of the City of New Rochelle.
The Board may, in exercising its powers and performing its functions
under this chapter, with reference to an historic district or a landmark,
apply or impose, with respect to the construction, reconstruction,
alteration, demolition or use of any structure or sign, determinations
or conditions which are more restrictive than those prescribed or
made by or pursuant to the applicable regulations contained herein
or to any other applicable provisions of law.
F.
Any certificate of appropriateness and any permit
to raze a building issued pursuant to these rules and regulations
shall expire of its own limitation 12 months from the date of issuance
if the work authorized thereby is not commenced by the end of such
twelve-month period; and further, any such certificate and permit
shall also expire and become null and void if such authorized work
is suspended and abandoned for a period of 12 months after being commenced.
Any period or periods of time during which the right to use any such
certificate or permit is stayed pursuant to these rules and regulations
or to any statutory or judicial rule or order shall be excluded from
the computation of the 12 months. Upon written request by the applicant,
the board may grant a twelve-month extension to an approval. The request
shall explain the reasons for the extension request.
[Amended 11-21-2023 by Ord. No. 2023-196]
A.
Hardship criteria. An applicant whose certificate
of appropriateness has been denied may apply for relief from the strict
criteria as established for district or landmark designation on the
grounds that designation is working a hardship upon him. In order
to prove the existence of hardship, the applicant shall establish
that:
(1)
The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible;
(2)
The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which would result
in a reasonable return;
(3)
Efforts to find a purchaser interested in acquiring
the property and preserving it have failed;
(4)
The cost of alterations or replacement according to
strict application of the design criteria is prohibitive in comparison
with the cost of a reasonably compatible alternative; or
(5)
The replacement of an existing feature on a building
is necessary for safety reasons.
B.
Hardship application procedure.
(1)
After receiving written notification from the Board
of the denial of a certificate of appropriateness, an applicant may
commence the hardship process. No building permit or demolition permit
shall be issued unless the Board makes a finding that a hardship exists.
(2)
The Board may hold a public hearing on the hardship
application at which an opportunity will be provided for proponents
and opponents of the application to present their views.
(3)
The applicant shall consult in good faith with the
Board, local preservation groups and interested parties in a diligent
effort to seek an alternative that will result in preservation of
the property and compatibility with the established design criteria.
(4)
All decisions of the Board shall be in writing. A
copy shall be sent to the applicant by registered mail and a copy
filed with the City Clerk's office for public inspection. The Board's
decision shall state the reasons for granting or denying the hardship
application.
A.
Penalties for violation.
(1)
It shall be unlawful for any person, firm or corporation
to construct, alter, repair, move, remove, demolish, equip, use, occupy,
change the exterior appearance of or maintain any building or structure
or portion thereof which is a duly designated landmark or is located
in a duly designated historic district hereunder in violation of any
provision of this chapter or to fail in any manner to comply with
a notice, directive or order of the Building Official hereunder or
to construct, alter, use, occupy or destroy any building or structure
or part thereof in a manner not permitted by an effective certificate
of appropriateness, building permit or certificate of occupancy properly
issued hereunder.
(2)
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein. In the event that work is found that is not being performed
in accordance with the certificate of appropriateness, or upon notification
of such fact by the Historical and Landmarks Review Board, the Building
Official shall issue a stop-work order, and all work shall immediately
cease. No further work shall be undertaken on the project as long
as a stop-work order is in effect. No certificate of occupancy shall
be issued if it is found that the completed work is not in compliance
with the certificate of appropriateness.
[Amended 9-20-2001 by Ord. No. 190-2001]
(3)
Any person who shall fail to comply with a written
order of the Building Official within the time fixed for compliance
therewith, or any owner, builder, architect, tenant, contractor, subcontractor,
construction superintendent or his agent, or any other person knowingly
taking part or assisting in the violation of any of the applicable
provisions of this chapter or any lawful order, notice, directive,
permit or certificate of the Building Official made hereunder shall
be punished by a fine of not more than $250 or imprisonment for not
more than 15 days, or both. Each day that a violation continues shall
be deemed a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption
of Code.
B.
Abatement of violations. Appropriate actions and proceedings may be taken at law or in equity to prevent unlawful construction or demolition or to restrain, correct or abate a violation of the provisions of Subsection A hereof or to prevent acts, conduct or business declared illegal in this chapter; and these remedies shall be in addition to the penalties prescribed in Subsection A hereof.
A.
Every owner or other person in charge of a landmark
building or structure or a building or structure in an historic district
shall keep in good repair all of the exterior portions of such improvements
and all interior portions thereof which, if not so maintained, may
cause or tend to cause the exterior portions of such improvements
to deteriorate, decay or become damaged or otherwise to fall into
a state of disrepair.
B.
In any case where the Building Official shall order
or direct the construction, removal, alteration or demolition of any
improvement on a landmark site or in an historic district for the
purpose of remedying conditions determined to be dangerous to life,
health or property, nothing contained herein shall be construed to
make it unlawful for any person, without prior issuance of a certificate
of appropriateness, to comply with such order or direction. The Building
Official shall give the Historical and Landmark Review Board notice
of any such proposed order or direction, and the Board shall have
the power to require that the work not materially change the exterior
appearance where the danger of life, health or property may be abated
without detracting from the exterior appearance.
C.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance or repair of any exterior architectural feature
of any structure, whether a landmark or within an historic district
or otherwise, which does not involve a change in design, material,
color or outer appearance thereof.
