It is hereby declared as a matter of public
policy that the protection, enhancement and perpetuation of landmarks
and historic districts are necessary to promote the economic, cultural,
educational, and general welfare of the public. Inasmuch as the identity
of a people is founded on its past and inasmuch as Lockport has many
significant historic, architectural and cultural resources, which
constitute its heritage, this act is intended to:
A. Protect and enhance the landmarks and historic districts,
which represent distinctive elements of Lockport's historic, architectural,
and cultural heritage;
B. Foster civic pride in the accomplishments of the past;
C. Protect and enhance Lockport's attractiveness to visitors
and the support and stimulus to the economy thereby provided;
D. Ensure the harmonious, orderly, and efficient growth
and development of the City of Lockport; and
E. Promote the use of historic resources for education,
pleasure, and the welfare of the citizens of the City and the state.
There is hereby created a commission to be known
as the "City of Lockport Historic Preservation Commission."
A. The Commission shall consist of nine members to be
appointed, to the extent available in the community, by the Mayor
as follows:
(1) At least one shall be an architect and/or engineer
experienced in working with historic buildings;
(2) At least one shall be an attorney at law, duly licensed
to practice before the courts of the State of New York;
(3) At least one shall be affiliated with the City of
Lockport's Community Development Agency and/or Building Inspection
Department;
(4) At least one shall be an historian, preferably the
designated Historian of the City of Lockport;
(5) At least one shall be a resident of an historic district;
(6) At least one shall be a real estate professional;
(7) At least one shall have demonstrated significant interest
in and commitment to the field of historic preservation, evidenced
either by involvement in a local historic preservation group, employment
or volunteer activity in the field of historic preservation, or other
serious interest in the field; and
(8) All members shall have a known interest in historic
preservation and architectural development within the City of Lockport.
B. At least seven of the nine designated members shall
be residents of the City of Lockport.
C. Commission members shall serve for a term of four
years, with the exception of the initial term of one of the nine members,
which shall be one year, one, which shall be two years, and one, which
shall be three years.
D. At the inception of the Commission, the Chairman shall
be appointed by the Mayor of the City of Lockport and the Vice Chairman
shall be elected of and by the members, each of these for a term of
four years. Thereafter, these positions shall be filled by election
of and by the members of the Commission, each for a term of one year.
E. The City of Lockport is to provide for the process
of recording of proceedings of the Commission. The record of proceedings
shall be kept on file in the office of the Clerk of the City of Lockport.
F. The powers of the Commission shall include:
(1) Selection and employment of staff and professional
consultants as necessary to carry out the duties of the Commission,
with funding approved by the Common Council of the City of Lockport,
and;
(2) Promulgation of rules and regulations as necessary
to carry out the conduct of the business of the Commission; and
(3) Adoption of criteria for the identification of significant
historic, architectural, and cultural landmarks and for the delineation
of historic districts; and
(4) Conduct of surveys of significant historic, architectural,
and cultural landmarks and historic districts within the City; and
(5) Designation of identified places, districts, sites,
buildings, structures or other resources having special character
or special historical interest as landmarks and historic districts;
and
(6) Acceptance on behalf of the City government and, with
the consent of the Common Council, of the donation of facade easements
and development rights, and the making of recommendations to the City
government concerning the acquisition of facade easements or other
interests in real property as necessary to carry out the purposes
of this act; and
(7) Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs:
(a)
Formulating recommendations concerning the preparation
of maps, brochures, and historical markers for selected historical
and/or architectural sites and buildings;
(b)
Informing and educating the citizens of Lockport
concerning the historic and architectural heritage of the City by
publishing appropriate maps, newsletters, brochures, and pamphlets,
and by holding programs and seminars; and
(8) Making recommendations to City government concerning
the utilization of state, federal or private funds to promote the
preservation of landmarks and historic districts within the City;
and
(9) Recommending acquisition of a landmark property or
other real property by the City government where its preservation
is essential to the purposes of this act and where private preservation
is not feasible; and
(10)
Approval or disapproval of applications for
certificates of appropriateness pursuant to this act; and
(11)
Inventorying and designating all historically
significant buildings, structures, sites, or districts within the
City, enlisting the voluntary assistance of interested civic, social,
and educational organizations, including the Lockport City School
District. The initial inventory shall be completed within two years
of the effective date of this chapter or the date of the appointment
of members to the Commission created hereunder, whichever is later,
or such other extended times as adopted by resolution of the Commission.
Such inventory shall be reviewed, updated, or revised, where necessary,
each year thereafter before the submission of the annual alterations
shall be distributed to the City Building Inspector, Clerk, Historian,
and Assessor; and
(12)
Advising and assisting owners on physical aspects
of preservation, renovation, rehabilitation, and reuse, or procedures
for inclusion in the National Register of Historic Places and on participation
in state and federal preservation programs; and
(13)
Conferring recognition upon the owners of landmarks
or properties within an historic district by means of certificates,
plaques, or markers; and
(14)
Requesting advisory opinions on any matter before
the Commission from the Mayor, the City Clerk, the Common Council,
Corporation Counsel, the Planning and Zoning Board/Building Inspections
Department, the Zoning Board of Appeals, the Department of Assessor,
the Community Development Department, the Engineering Department,
and any other body, agency, or department of the City; and
(15)
Reviewing and making advisory recommendations
on any matter before the Commission to the Mayor, the City Clerk,
the Common Council, Corporation Counsel, the Planning and Zoning Board/Building
Inspections Department, the Zoning Board of Appeals, the Department
of Assessor, the Community Development Department, the Engineering
Department, and any other body, agency, or department of the City;
and
(16)
Applying for, accepting, and expending grants
and funds for goods and services from private and public sources.
G. The Commission shall meet at least monthly, but meetings
may be held at any time on the written request of any two of the Commission
members, based on prior notification to all members and the Mayor
on a minimum of three days' notice, or on the call of the Chairman
or the Mayor.
H. A quorum for the transaction of business shall consist
of five of the Commission's members, but not less than a majority
of the full-authorized membership may grant or deny a certificate
of appropriateness.
No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction, or moving
of a landmark or property within an historic district, nor shall any
person make any material change in the appearance of such property,
its light fixtures, signs, sidewalks, fences, steps, paving or other
exterior elements which affects the appearance and cohesiveness of
the landmark or historic district, without first obtaining a certificate
of appropriateness from the Historic Preservation Commission. The
certificate of appropriateness shall be in addition to and not in
lieu of any building or other permit that may be required by any other
ordinance of the City of Lockport.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that:
A. The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible;
B. 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; and
C. Efforts to find a purchaser interested in acquiring
the property and preserving it have failed.
An applicant whose certificate of appropriateness
for a proposed alteration has been denied may apply for relief on
the ground of hardship. In order to prove the existence of hardship,
the applicant shall establish that the property is incapable of earning
a reasonable return, regardless of whether that return represents
the most profitable return possible. The Commission shall, in its
sole discretion, determine what shall constitute a reasonable return.
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to any
requirements included therein. It shall be the duty of the Building
Code Enforcement Officer to inspect periodically any such work to
assure compliance. In the event work is found that is not being performed
in accordance with the certificate of appropriateness, or upon notification
of such fact by the Historic Preservation Commission, the Building
Code Enforcement Officer 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.
Any person aggrieved by a decision of the Historic
Preservation Commission relating to hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written application with
the Lockport Common Council for review of the decision. Reviews shall
be conducted based on the same record that was before the Commission
and using the same criteria.