[Ord. No. 4, 2-3-2021]
It is hereby declared as a matter of public policy that the
protection, enhancement, and perpetuation of landmarks and historic
districts is 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 the City 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 the City’s historic, architectural,
and cultural heritage.
(b)
Foster civic pride in the accomplishments of the past.
(c)
Protect and enhance the City’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.
[Ord. No. 4, 2-3-2021]
There is hereby created a commission to be known as the “Scenic
and Historic Preservation Commission.”
(a)
Membership.
(1)
The Commission shall consist of five members to be appointed,
to the extent available in the community, by the Mayor as follows:
a.
At least one shall be an architect.
b.
At least one shall be selected from a list of nominees provided
by the Oneida County Historical Society.
c.
At least one shall be a resident of a historic district.
d.
At least one shall be selected from a list of nominees provided
by the Landmarks Society of Greater Utica.
e.
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.
(2)
All members shall have a known interest in historic preservation
and architectural development within the City.
(b)
One member of the Commission shall be appointed for a term of one
year, one member of the Commission shall be appointed for a term of
two years, one member for a term of three years, one member for a
term of four years and one member of the Commission shall be appointed
for a term of five years. All subsequent appointments shall be for
a full five-year term.
(c)
Commission members may serve no more than two consecutive five-year
terms.
(d)
Vacancies shall be filled for the unexpired term only and members
may be removed for cause by the Mayor upon written charges and after
a public hearing.
(e)
There shall be a Chair and Vice Chair of the Commission who will
be elected by and from the members of the Commission.
(f)
The powers of the Commission shall include:
(1)
Utilization of staff and professional consultants as necessary
to carry out the duties of the Commission.
(2)
Promulgation of rules and regulations as necessary for the conduct
of its business.
(3)
Adoption of criteria for the identification of significant historic,
architectural, and cultural landmarks and for the delineation of historic
districts.
(4)
Conduct of surveys of significant historic, architectural, and
cultural landmarks and historic districts within the City.
(5)
Designation of identified structures or resources as landmarks
and historic districts.
(6)
Adoption of criteria for use in reviewing proposed building
alterations.
(7)
Acceptance on behalf of the City government 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 chapter.
(8)
Increasing public awareness of the value of historic, cultural,
and architectural preservation by developing and participating in
public education programs.
(9)
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.
(10)
Recommending acquisition of a landmark structure by the City
government where its preservation is essential to the purposes of
this act and where private preservation is not feasible.
(11)
Approval or disapproval of applications for certificates of
appropriateness pursuant to this Division.
(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
or on the call of the Chair or the Mayor.
(h)
Planning Board coordination. The Scenic and Historic Board is responsible
for coordinating with the Planning Board when projects that are located
within the Scenic and Historic Preservation District are subject to
site plan review.
(i)
A quorum for the transaction of business shall consist of three of
the Commission’s members, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
[Ord. No. 4, 2-3-2021]
(a)
The Commission may designate an individual property as a landmark
if:
(1)
It possesses special character or historic or aesthetic interest
or value as part of the cultural, political, economic, or social history
of the locality, region, state, or nation; or
(2)
It is identified with historic personages; or
(3)
It embodies the distinguishing characteristics of an architectural
style; or
(4)
It is the work of a designer whose work has significantly influenced
an age; or
(5)
Because of unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
(b)
(c)
Notice of a proposed designation shall be sent by registered mail
to the owner of the property proposed for designation, describing
the property proposed and announcing a public hearing by the Commission
to consider the designation. Where the proposed designation involves
so many owners that individual notice is not feasible, notice may
instead be published at least once in a newspaper of general circulation
at least 10 days prior to the date of the public hearing. Once the
Commission has issued notice of a proposed designation, no building
permits shall be issued by the Building Inspector until the Commission
has made its decision.
(d)
The Commission shall hold a public hearing prior to designation of
any landmark or historic district. The Commission, owners, and any
interested parties may present testimony or documentary evidence at
the hearing which will become part of a record regarding the historic,
architectural, or cultural importance of the proposed landmark or
historic district. The record may also contain staff reports, public
comments, or other evidence offered outside of the hearing.
(e)
The Commission shall forward notice of each property designated as
a landmark and the boundaries of each designated historic district
to the offices of the Oneida County Clerk for recordation.
[Ord. No. 4, 2-3-2021]
(a)
Generally. No exterior alteration, restoration, reconstruction, demolition,
new construction, or moving of a landmark or property within an historic
district, nor shall any material change in the appearance of such
property, its light fixtures, signs, sidewalks, fences, stops, paving,
or other exterior elements visible from a public street or alley which
affect the appearance and cohesiveness of the historic district, without
first obtaining a certificate of appropriateness from the Scenic and
Historic Preservation Commission.
(b)
In passing upon an application for a certificate of appropriateness,
the Scenic and Historic Preservation Commission shall not consider
changes to interior spaces, unless they are open to the public, or
to architectural features that are not visible from a public street
or alley.
(c)
Criteria for approval. The Commission’s decision shall be based
on the following principles:
(1)
The Secretary of Interior’s standards for the rehabilitation
of historic properties.
(2)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible.
(3)
Any alteration of existing properties shall be compatible with
its historic character, as well as with the surrounding district.
(4)
New construction shall be compatible with the district in which
it is located.
(d)
In applying the principle of compatibility, the Commission shall
consider the following factors:
(1)
The general design, character, and appropriateness to the property
of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction in relation
to the property itself, surrounding properties, and the neighborhood.
(3)
Texture, materials, and color and their relation to similar
features of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties, including
proportion of the property’s front facade, proportion and arrangement
of windows and other openings within the facade, roof shape, and the
rhythm of spacing of properties on streets, including setback.
(5)
The importance of historic, architectural, or other features
to the significance of the property.
(e)
Application procedure. Prior to the commencement of any work requiring
a certificate of appropriateness, the owner shall file an application
for such a certificate with the Scenic and Historic Preservation Commission.
The application shall contain:
(1)
Name, address, and telephone number of applicant.
(2)
Location and photographs of property.
(3)
Elevation drawings, including relationship to adjacent properties,
if available.
(4)
Perspective drawings, including relationship to adjacent properties,
if available.
(5)
Samples of color or materials to be used.
(6)
Where the proposal includes signs or lettering, a scale drawing
showing the type of lettering to be used, all dimensions and colors,
a description of materials to be used, method of illumination, and
a plan showing the sign’s location on the property.
(7)
Any other information which the Commission may deem necessary
in order to visualize the proposed work.
(f)
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Scenic
and Historic Preservation Commission. Nor shall a certificate of occupancy
be issued until a certificate of appropriateness has been issued.
The certificate of appropriateness required by this act shall be in
addition to and not in lieu of any building permit that may be required
by any other ordinance of the City.
(g)
The Commission shall approve, deny, or approve the permit with modifications
within 45 days from receipt of the completed application. The Commission
may hold a public hearing on the application at which any opportunity
will be provided for proponents and opponents of the application to
present their views.
(h)
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the City Clerk’s office for public inspection. The Commission’s
decisions shall state the reasons for denying or modifying the application.
[Ord. No. 4, 2-3-2021]
(a)
Applicability: projects subject to site plan review, with or without
the need for a special permit and/or variances.
(b)
Site plan review applications referred to the Commission by the Planning
Board shall be referred back to the Planning Board within the forty-five-day
review period for the certificate of appropriateness, unless the applicant
and the Commission mutually agree upon an extension. The application
shall be referred back to the Planning Board even if the certificate
of appropriateness is denied.
(c)
Upon receipt of a decision from the Commission, the Planning Board
can accept the approval, overrule a denial or modify the decision.
Overruling a denial or modifying a decision requires a majority vote
of all of the members currently serving on the Planning Board.
[Ord. No. 4, 2-3-2021]
(a)
Criteria. An applicant whose certificate of appropriateness for a
proposed demolition has been denied may apply for relief on the grounds
of hardship. In order to prove the existence of hardship, the applicant
shall establish that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
(2)
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.
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(b)
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the grounds 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.
(c)
Application procedure.
(1)
After receiving written notification from the Commission of
the denial of a certificate of appropriateness, an applicant may commence
the hardship process. No building permit or demolition permit shall
be issued unless the Commission makes a finding that a hardship exists.
(2)
The Commission may hold a public hearing on the hardship application
at which an opportunity will be provided for proponents and opponents
of the application to present their views.
(3)
The applicant shall consult in good faith with the Commission,
local preservation groups, and interested parties in a diligent effort
to seek an alternative that will result in preservation of the property.
(4)
All decisions of the Commission shall be in writing. A copy
shall be sent to the applicant by registered mail and a copy filed
with the City Clerk’s office for public inspection. The Commission’s
decision shall state the reasons for granting or denying the hardship
application.
[Ord. No. 4, 2-3-2021]
(a)
Enforcement. 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 Scenic and 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.
(b)
Maintenance and repair requested.
(1)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark or property within a historic district which does not involve
a change in design, material, color, or outward appearance.
(2)
No owner or person with an interest in real property designated
as a landmark or included within a historic district shall permit
the property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the Scenic and Historic Preservation Commission,
produce a detrimental effect upon the character of the historic district
as a whole or the life and character of the property itself.
(3)
Examples of such deterioration include:
a.
Deterioration of exterior walls or other vertical supports.
b.
Deterioration of roofs or other horizontal members.
c.
Deterioration of exterior chimneys.
d.
Deterioration or crumbling of exterior stucco or mortar.
e.
Ineffective waterproofing of exterior walls, roofs, or foundations,
including broken windows or doors.
f.
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety.
(c)
Violations.
(1)
Failure to comply with any of the provisions of this division
shall be deemed a violation, and the violator shall be liable to a
fine of not less than $50 nor more than $500 for each violation and
for each day the violation continues.
(2)
Any person who demolishes, alters, constructs, or permits a
designated property to fall into a serious state of disrepair in violation
of this division shall be required to restore the property and its
site to its appearance prior to the violation. Any action to enforce
this subsection shall be brought by the City Attorney. This civil
remedy shall be in addition to and not in lieu of any criminal prosecution
and penalty.
