Any person, group of persons or association may request designation
of a landmark, landmark site or an historic district by submitting
an application for designation on a form furnished by the Preservation
Board to the Secretary of the Preservation Board. The Preservation
Board may also initiate proceedings for designation of a landmark,
landmark site or historic district.
A.
The Preservation Board shall schedule a public hearing not more than
60 days after receipt of a completed application for designation of
a landmark, landmark site or an historic district.
B.
Notice to owners. The owner of any parcel on which a proposed landmark
or landmark site is situated or which is part of a proposed historic
district shall be given notice of said public hearing relating to
the designation of such proposed landmark, landmark site or proposed
historic district, the amendment to any designation thereof or the
proposed rescission of any designation. Such notice by the Secretary
of the Preservation Board shall be sent by registered mail to the
owners of properties located within the area of the proposed historic
district or owners of the proposed landmark or landmark site, at least
15 calendar days prior to the scheduled public hearing, addressed
to the owners as their names and addresses appear in the records of
the Department of Assessment in the City of Buffalo, or to the property
owner's last known address, if different from the address of
the proposed landmark or landmark site, or the address as confirmed
and provided to the City Clerk by the Preservation Board.
[Amended 6-26-2018, effective 6-26-2018]
(1)
Where proposed landmark designation is for a private dwelling or
private property, the Secretary of the Preservation Board shall retain
proof that notice via a registered mailing was sent to the property
owner with sufficient information that clearly identifies the proposed
property and with sufficient relevant information that addresses how
the proposed property meets the criteria for landmark designation.
(2)
Where proposed landmark designation is for an historic district,
the Secretary of the Preservation Board shall retain proof that notice
via registered mailing was sent to each property owner in the proposed
historic district with sufficient relevant information that clearly
identifies the proposed historic district and, where necessary, include
information on how an owner's private property contributes to
the proposed historic district, and how the proposed historic district
meets the criteria for landmark designation.
C.
Publication. The Secretary shall publish a notice of public hearings
to be held by the Preservation Board in an official newspaper or a
newspaper of general circulation at least once 15 days before said
hearings.
[Amended 6-26-2018, effective 6-26-2018]
A.
The Preservation Board shall, within 90 days of receipt of a completed
application form, take its final action thereon, which shall be in
the form of a recommendation to the Common Council. The recommendation
may limit itself to the landmark, landmark site or historic district
as described in the application or may include modifications thereto.
Within 10 days of its adoption by the Board, its written recommendation
shall be filed in the offices of the Director of the Division of Planning
and the City Clerk. The recommendation shall be accompanied by a report
containing the following:
(1)
Proof that notice via registered mailing notice regarding the subject
property or historic district was provided to all involved property
owners at least 15 calendar days prior to the official public hearing.
[Amended 6-26-2018, effective 6-26-2018]
(2)
Explanation of the integrity or lack of integrity of the nominated
landmark, landmark site or historic district.
(3)
The relationship of the nominated landmark, landmark site or historic
district to the ongoing effort of the Preservation Board to identify
and nominate all potential areas and structures that meet the criteria
for designation.
(5)
A map showing the location and boundaries of the nominated landmark,
landmark site or historic district.
B.
Said recommendation and report shall be made available for public
inspection in the City Clerk's office and in the office of the
Secretary.
The City Clerk shall cause the Preservation Board's recommendation
and report to be presented to the Common Council at its next stated
meeting. The Common Council shall refer the recommendation and report
to its Committee on Legislation.
A.
The Committee on Legislation shall hold a public hearing thereon
not more than 60 days after receipt of the recommendation and report,
except that the Common Council may, upon consent of the owner, waive
the public hearing when an individual landmark or landmark site is
being considered.
B.
Notice to owner. The owner of any site on which a proposed landmark
or landmark site is situated or which is part of a proposed historic
district shall be given notice of said public hearing relating to
the designation of such proposed landmark, landmark site or proposed
historic district, the amendment of any designation thereof or the
proposed rescission of any designation. Such notice by the City Clerk
shall be sent by registered mail to the owners of properties located
within the area of the proposed historic district or owners of the
proposed landmark, or landmark site, at least 15 calendar days prior
to the scheduled public hearing, addressed to the owners as their
names and addresses appear in the records of the Department of Assessment
in the City of Buffalo, or to the property owner's last known
address, if different from the address of the proposed landmark or
landmark site, or the address as confirmed and provided to the City
Clerk by the Preservation board.
[Amended 6-26-2018, effective 6-26-2018]
(1)
Where proposed landmark designation is for a private dwelling or
private property, the City Clerk shall retain proof that notice via
registered mailing was sent to the property owner with sufficient
information that clearly identifies the proposed property and with
sufficient relevant information that addresses how the proposed property
meets the criteria for landmark designation.
(2)
Where proposed landmark designation is for an historic district,
the City Clerk shall retain proof that notice via registered mailing
was sent to each property owner in the proposed historic district
with sufficient relevant information that clearly identifies the proposed
historic district and how the proposed historic district meets the
criteria for landmark designation.
C.
Published notice. The City Clerk shall also give notice of the public
hearing by publication in an official newspaper or a newspaper of
general circulation at least once and at least 15 calendar days immediately
prior to the hearing.
[Amended 6-26-2018, effective 6-26-2018]
Within 30 days of the public hearing required herein, the Committee
on Legislation shall take action upon the recommendation and report
of the Preservation Board and shall transmit same to the Common Council.
The Committee may approve, disapprove or modify a designation. However,
if a designation is modified, the Committee shall hold an additional
public hearing prior to approval thereof.
The Common Council may approve or disapprove the designation
of a proposed landmark, landmark site or historic district and shall
set forth its specific reasons for approval or disapproval.
Upon designation of a landmark, landmark site or historic district,
the Secretary shall file a description of said landmark, landmark
site or historic district with the City Clerk, the Director of the
Division of Planning and the Department of Public Works, who shall
record same on appropriate maps. A description or map of said landmark,
landmark site or historic district shall also be filed in the office
of the Erie County Clerk by the Corporation Counsel in such form and
manner as shall best provide notice to prospective buyers of affected
property.
Designation of landmarks, landmark sites and historic districts
may be amended or rescinded in the manner in which created.
A.
The Preservation Board shall, upon such investigation as it deems
necessary, make a determination as to whether a proposed landmark,
landmark site or historic district meets one or more of the following
criteria:
(1)
It has character, interest or value as part of the development, heritage
or cultural characteristics of the City, state or nation.
(2)
Its location is a site of a significant local, state or national
event.
(3)
It exemplifies the historic, aesthetic, architectural, archaeological,
educational, economic or cultural heritage of the City, state or nation.
(4)
It is identified with a person or persons who significantly contributed
to the development of the City, state or nation.
(5)
It embodies distinguishing characteristics of an architectural style
valuable for the study of a period, type, method of construction or
use of indigenous materials.
(6)
It is the work of a master builder, engineer, designer, architect
or landscape architect whose individual work has influenced the development
of the City, state or nation.
(7)
It embodies elements of design, detailing, materials or craftsmanship
that render it architecturally significant.
(8)
It embodies elements that make it structurally or architecturally
innovative.
(9)
It is a unique location or contains singular physical characteristics
that make it an established or familiar visual feature within the
City.
B.
Any structure, property or area that meets one or more of the above
criteria shall also have sufficient integrity of location, design,
materials and workmanship to make it worthy of preservation or restoration.
