A.
It is hereby declared as a matter of public policy that preservation,
protection, conservation, enhancement, perpetuation and utilization
of sites, buildings, improvements and districts of special character,
historical or aesthetic interest or value are necessary and required
in the interest of the health, education, culture, prosperity, safety
and high quality of life of the people.
B.
The purpose of this Preservation Code is to:
(1)
Promote the intellectual, cultural and general welfare as well as
the economic well-being of the people of the City.
(2)
Safeguard the City's history and heritage as embodied and reflected
in its landmarks, landmark sites and historic districts.
(3)
Preserve, protect, perpetuate and utilize landmarks, landmark sites,
historic districts, neighborhoods, areas, places, buildings, structures
and improvements which have a distinctive character or are of historic,
aesthetic, architectural, archeological or cultural interest or value
to this City, state or nation.
(4)
Stabilize and improve property values in the City.
(5)
Avoid demolition of historically or architecturally important properties.
(6)
Enhance the visual and aesthetic character, diversity and distinctiveness
of the City.
(7)
Enhance the City's attraction for residents, visitors, tourists
and prospective residents.
(8)
Preserve the economic and architectural integrity of vacant or underutilized
landmark properties by means of substantial rehabilitation and adaptive
reuse.
[Added 7-31-1990, effective 8-16-1990]
The following terms and phrases shall mean and include:
Conversion of a building originally designed for a certain
purpose to a different purpose.
To change one or more exterior architectural features of
a landmark, an improvement on a landmark site or a structure within
an historic district.
Any structure or part thereof having a roof supported by
columns or walls for the shelter or enclosure of persons or property.
A certificate issued by the Preservation Board or the Common
Council approving plans for alteration, construction, relocation,
removal or demolition of a landmark, an improvement on a landmark
site or a structure within an historic district.
[Amended 10-5-2010, effective 10-19-2010]
A certificate issued by the Preservation Board or the Common
Council approving plans for alteration, construction, removal or demolition
of a landmark, an improvement on a landmark site or a structure in
an historic district where these plans do not meet the standards for
a certificate of appropriateness.
A certificate issued by the Preservation Board or its Secretary
indicating that proposed plans having no effect on the exterior of
a landmark, an improvement on a landmark site or a structure within
an historic district and that a certificate of appropriateness is
not required.
Building an addition to an existing structure or building
a new principal or accessory structure.
Destruction of a building, structure or improvement.
A standard of appropriate activity that will preserve the
historic, aesthetic, cultural and architectural character of a structure
or area.
Architectural style, design, general arrangement and components
of the outer surfaces of an improvement, building or structure as
distinguished from the interior surfaces enclosed by said outer surfaces,
including but not limited to the kind and texture of building material
and the type and style of windows, doors, lights, signs and other
such exterior fixtures.
A geographically definable area, so designated pursuant to
this code, or previously designated pursuant to the Landmark Code,
which possesses a significant concentration, linkage or continuity
of sites, buildings, structures or objects united historically by
past events or united aesthetically by plan or development. An "historic
district" may also comprise individual elements, separated geographically,
but linked by association or history.
Any building, structure, place, parking facility, fence,
gate, wall, work of art or other object constituting a physical betterment,
or any part thereof.
Property, object or structure, or any part thereof so designated
pursuant to this code or previously designated pursuant to the Landmark
Code.
A parcel or part thereof:
On which is situated a landmark, and any abutting parcel or
part thereof used and constituting part of the premises on which the
landmark is situated; or
Which has been designated as a "landmark site" pursuant to the
provisions of this code or previously designated pursuant to the Landmark
Code.
An historic marker describing the history of a location or
a structure without affording said location or structure landmark
status or subjecting it to any additional restrictions, but which
provides a brief history of the location for informational purposes
only.
[Added 10-5-2010, effective 10-19-2010]
A person, firm or corporation which owns the fee of property
or a lesser estate therein, a mortgage or vendee in possession, a
receiver, an administrator, an executor, a trustee or any other person,
firm or corporation in control of property.
Retention of essential character of an improvement, object,
building or structure as embodied in its existing form, integrity
and material. This term includes the retention of the trees and vegetative
cover of a site. This term may include temporary stabilization work
as well as on-going maintenance of historic building materials.
The Buffalo Preservation Board.
Land and improvements thereon.
Reproduction of the exact form and detail of a vanished building,
structure, improvement or part thereof, as it appeared at a specific
time.
Repair or alteration that enables buildings, structures or
improvements to be efficiently utilized while preserving those features
of buildings, structures or improvements that are significant to their
historic, architectural and cultural values.
Recovery of the form and details of a building, structure
or improvement and its site during a particular time.
A plot or parcel of land.
Anything constructed or erected which requires permanent
or temporary location on the ground or attachment to something permanently
attached to the ground. This term shall include but not be limited
to buildings, walls, fences, signs, billboards, lighting fixtures,
screen enclosures, works of art and electronic transmission or reception
devices.
