City of Buffalo, NY
Erie County
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Table of Contents
Table of Contents
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 historic district, the amendment to any designation thereof or the proposed recession of any designation. Such notice shall be mailed by the Secretary at least 10 days prior to the scheduled hearing and shall be addressed to the owners as their names and addresses appear in the records of the Department of Assessment in the City of Buffalo.
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 10 days before said hearings.
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) 
Explanation of the significance or lack of significance of the nominated landmark, landmark site or historic district as it relates to the criteria for designation.
(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 on-going effort of the Preservation Board to identify and nominate all potential areas and structures that meet the criteria for designation.
(4) 
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 recession of any designation. Such notice by the City Clerk shall be served by mail at least 10 days prior to the scheduled hearing, addressed to the owner at his last known address as it appears in the records of the Department of Assessment of the City of Buffalo and as provided to the City Clerk by the Board.
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 10 days immediately prior to the hearing.
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.