A copy of the certificate as required herein shall be prominently
displayed at the site during the execution of the work regulated hereunder.
The Department of Public Works shall not issue building or demolition
permits unless and until a certificate as required by this chapter
shall been issued.
The Department of Public Works shall, within seven days of receipt,
refer all building and demolition permit applications for work requiring
a certificate hereunder, including the accompanying plans and specifications,
involving landmarks, improvements on landmark sites or structures
within historic districts to the Preservation Board for its action.
Where it is determined by the Preservation Board that proposed
plans contained in an application have no effect upon the exterior
of a landmark, an improvement on a landmark site or a structure within
an historic district, it shall issue a certificate of no effect. The
Preservation Board may delegate to the Secretary the authority to
approve and issue a certificate of no effect. Written notice of the
issuance of a certificate of no effect shall be provided the applicant
and the Department of Public Works within seven days of the decision,
which shall be accompanied by the certificate.
[Amended 7-22-2003, effective 8-4-2003]
A. Where an application to the Preservation Board seeks approval of demolition or removal of a landmark, improvement on a landmark site or a structure within an historic district, the Board shall evaluate the application in accordance with the provisions set forth in this code. Where the Board denies permission to commence immediate demolition, it is empowered to make determinations that the structure or improvement sought to be demolished or removed is of such importance that alternatives to demolition should be pursued and that a hardship under §
337-23 exists. Where these determinations are made, the Preservation Board may delay demolition for a maximum period of 180 days after the initial forty-five-day period provided by §
337-19 herein. In cases where these determinations are not made, no automatic right of demolition shall exist.
B. During any such period, the Board may take such steps as it deems
necessary to avoid demolition of the structure or improvement, including
but not limited to preparation, publication and receipt of requests
for proposals; solicitation of prospective developers; consultation
with civic groups, public agencies and interested citizens; and recommendations
for acquisition of the property by others.
C. In the event that the Board refuses to approve demolition during or after this period of delay, occasioned by the Board's findings of hardship and architectural importance set forth in Subsection
A, the applicant may appeal the Board's action to the Common Council. The Common Council shall issue the appropriate certificate for demolition either at the end of the delay period or within 60 days of the filing of the appeal, whichever is later.
D. In the event that the Board refuses to approve demolition but does not find hardship and architectural importance, any appeal to the Common Council shall be in accordance solely with §
337-26 herein.
E. During any such period, the owner shall prevent further deterioration
of the structure or improvement, and the owner shall act in good faith
and shall allow the Board reasonable access to the structure and improvement,
and permit reasonable inspection of the information about the structure
or improvement, if requested by the Board.
F. The Preservation Board will conduct public hearings for all properties
in locally designated or nationally registered historic districts,
local landmarks, properties listed in the National Register for Historic
Places and national historic landmarks.
(1) Notice and hearing. The Preservation Board shall publish a notice
in a newspaper of general circulation in the City of Buffalo, setting
forth the name of the applicant, the location and owner of the property,
and the time and place of a public hearing to be held by the Preservation
Board on no sooner than five business days after the day of publication.
Upon an application for a demolition permit, the Preservation Board
shall also serve 10 days' notice of the time, place and object
of such hearing upon all owners and occupants of properties having
a frontage on both sides of the public highway or highways within
300 feet in both directions along such highway or highways from the
nearest side line, or nearest side line extended, of the premises
to be demolished and also upon the owners and occupants of all properties
located within 50 feet of the rear or side line of any premises to
be demolished. Such notice shall also indicate that the demolition
permit application is available for public inspection at the Preservation
Board's office prior to such hearing. The Preservation Board
shall make available for public inspection prior to such hearing the
demolition permit application.
(2) Public hearings may also be had for properties that come to the attention of the Preservation Board which could be deemed significant and worthy of preservation after applying the criteria for review as provided in §
337-20 of the Code.
[Added 7-31-1990, effective 8-16-1990]
A. Recommendation.
(1)
Under conditions described in this section, the Preservation
Board may recommend that certain buildings be substantially rehabilitated
for adaptive reuse in accordance with an agreement.
(a)
The Board has determined that a building sought to be demolished is of such architectural or historical significance that alternatives to demolition should be pursued as set forth in §
337-24 despite findings of undue hardship under §
337-23; or
(b)
An application for a permit to demolish a landmark otherwise
referred to the Board under the provisions of this chapter is denied
or delayed due to a determination of architectural or historical significance
despite findings of undue hardship.
(2)
Recommendation for adaptive reuse may be made upon an application of a vendee under a contract of sale, owner or other party in interest of such building where the applicant can demonstrate hardship as set forth in §
337-23, but in no case shall such application alone constitute proof of undue hardship.
B. Notice. A recommendation for adaptive reuse shall take the form of
written notice to be provided the applicant and the relevant governmental
enforcement agency (the Department of Public Works or the Department
of Inspections and Community Revitalization) within seven days of
a denial or delay of demolition and shall stay any appeal otherwise
pending before the Common Council.
C. Action upon recommendation. In consultation with the applicant and
with the assistance of the Department of Community Development, the
Division of Planning, the Department of Assessment and the Board shall
endeavor to devise a plan for adaptive reuse in accordance with preservation
standards. As provided (documented) in an appraisal acceptable to
the Department of Community Development, such plan shall provide for
substantial rehabilitation which shall improve the building in an
amount of at least twice the prerehabilitation assessment value of
the property upon which such building is situate.
D. Compensation. The Council shall review said recommendations and may
provide as compensation an abatement of local real property taxes
which shall in no case exceed 50% of the total postrehabilitation
assessment value for a duration not to exceed 20 years. Such compensation
shall at all times be calculated as a portion of total postrehabilitation
tax liability and shall in no case result in a negative tax liability.
E. Execution. Upon certification by the Department of Community Development,
approval of the Common Council and agreement of the applicant, an
adaptive reuse plan above described shall be binding upon the applicant
and subsequent owners to maintain the property upon which such building
is situate in accordance with all terms, conditions and specifications
of such plan and shall expressly provide that every deed conveying
the property or any part or portion thereof shall contain a covenant
incorporating all terms and conditions of the agreement. Such covenant
shall continue for the duration of the agreement as stated herein
and may exceed but in no case be less than the certified and approved
schedule of abatement of local real property taxes provided in the
agreement. Such agreement shall be in a form recordable among the
land records of the County of Erie and shall be recorded and filed
by the City at the applicant's expense in the office of the Erie
County Clerk, and such duly approved, recorded and filed agreement
shall take effect on the next taxable status date following the issuance
of a certificate of occupancy.
F. Rescission. Landmark designation of any building rehabilitated and
maintained in accordance with an adaptive reuse agreement shall in
no case be rescinded prior to the expiration of the term of any compensation
certified and approved in the manner herein provided. The duration
of any abatement herein certified and approved shall be contingent
upon continued compliance with all conditions of the adaptive reuse
agreement providing such compensation.
G. Regulations in accordance with the intent of this chapter may be issued pursuant to §
337-5A to provide for the administration of this section.
Any notice or certificates issued pursuant to this code shall
relate solely to proposed plans accompanying the application or otherwise
submitted for the Preservation Board's consideration. It shall
be unlawful to deviate from the proposed plans or any modifications
required thereto as approved by the Preservation Board.