[HISTORY: Adopted by the Common Council of
the City of North Tonawanda 1-19-2005; amended in its entirety 3-1-2006. Subsequent amendments noted where applicable.]
It is hereby declared to be the public policy and in the public
interest of the City of North Tonawanda to protect, enhance, and perpetuate
places, districts, sites, buildings. structures, and other objects
having a special character or special historical interest or value.
Inasmuch as the identity of a people is founded on its past, and inasmuch
as North Tonawanda has many significant historic, architectural, and
cultural resources which constitute its heritage, this chapter is
intended to:
A.
Protect, enhance and perpetuate properties of special historical,
archaeological, architectural or cultural interest or value which
represent distinctive elements of North Tonawanda's historic,
architectural, archaeological, and cultural heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect, enhance and perpetuate North Tonawanda's attractiveness
to residents, prospective residents, and visitors and thereby promote
and support the economic well-being of the people of the City;
D.
Enhance the visual and aesthetic character, diversity and distinctiveness
of the City;
E.
Insure the harmonious, orderly, and efficient growth and development
of the City;
F.
Promote the use, reuse and conservation of places, districts, sites,
buildings and structures having special character or special historical
or aesthetic interest or value for the education, inspiration, welfare,
recreation, prosperity and enrichment of the public;
G.
Exercise aesthetic judgment and maintain the desirable character
of the historic properties and present construction, reconstruction,
alteration, or demolition, in harmony with existing properties insofar
as style, materials, color, line, and detail are concerned, and thus
prevent degeneration of property, safeguard public health, prevent
fire, promote safety, and preserve the beauty and character of the
historic properties.
There is hereby created a Commission to be known as the North
Tonawanda Historic Preservation Commission.
A.
The Commission shall consist of seven members to be appointed, to
the extent available in the community, by the Mayor, with the consent
of the Common Council. Criteria for Commission members are as follows:
[Amended 10-18-2006]
(1)
At least one Commission member shall be a licensed design professional
with demonstrated experience in historic preservation;
(2)
At least one Commission member shall be an historian;
(3)
At least one Commission member shall be a resident of a designated
historic district;
(4)
At least one Commission member 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; and
(5)
All Commission members shall have a known interest in historic preservation
and architectural development within the City of North Tonawanda.
(6)
At least seven of the Commission members shall be residents of the
City of North Tonawanda.
(7)
No more than three members of the initial Commission may be City
employees, and each must have professional expertise and experience
directly related to the duties of the Commission. Such individuals
will serve a single one-year term for the express purpose of aiding
the Commission in establishing policies and procedures.
B.
Commission members shall serve for a term of four years, with the
exception of the initial term for one member, who will serve two years,
one who will serve three years, and each of any municipal employees
who will serve a single, nonrenewable one-year term.
C.
The Chairman and Vice Chairman of the Commission shall be elected
by and from among the members of the Commission.
D.
The powers of the Commission shall include:
(1)
Selection of staff and professional consultants as necessary to carry
out the duties of the Commission, with funding approved by the Common
Council;
(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)
Conducting of surveys of significant historic, architectural, and
cultural landmarks and historic districts within the City;
(5)
Designation of identified places, districts, sites, buildings, structures,
and other objects having a special character or special historical
interest or value as landmarks and historic districts;
(6)
Acceptance on behalf of the City government, and with the consent
of the Common Council, 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 purpose of this chapter;
(7)
Increasing public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs;
(a)
Formulating recommendations concerning the preparation of maps,
brochures, and historical markers for selected historical and/or architectural
sites and buildings;
(b)
Informing and educating the citizens of North Tonawanda concerning
the historic and architectural heritage of the City by publishing
appropriate maps, newsletters, brochures, and pamphlets and by holding
programs and seminars;
(8)
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;
(9)
Recommending acquisition of a landmark property, or other real property
by the City government where its preservation is essential to the
purposes of this chapter and where private preservation is not feasible;
(10)
Approval or disapproval of applications for certificates of
appropriateness pursuant to this chapter;
(11)
Inventorying and designating all historically significant buildings,
structures, sites, or districts within the City of North Tonawanda,
enlisting the voluntary assistance of interested civic and social
organizations. The initial inventory shall be completed within two
years of the effective date of this chapter or the date of first appointment
of members to the Commission created hereunder, whichever is later,
or such other extended times as adopted by resolution of the Commission.
Such inventory shall be reviewed, updated, or revised, where necessary,
each year thereafter before the submission of the annual alterations
shall be distributed to the City Building Inspector, Clerk, Historian,
and Assessor;
(12)
Advising and assisting owners on physical aspects of preservation,
renovation, rehabilitation, and reuse, or procedures for inclusion
in the National Register of Historic Places, and on participation
in state and federal preservation programs;
(13)
Conferring recognition upon the owners of landmarks or properties
within an historic district by means of certificates, plaques, or
markers;
(14)
Requesting advisory opinions on any matter before the Commission
from the Mayor, the Common Council, the Zoning Board of Appeals, the
Planning Board, and any other body, agency, or department of the City;
(15)
Reviewing and making advisory recommendations on any matter
before the Commission to the Mayor, the Common Council, the Zoning
Board of Appeals, the Planning Board, and any other body, agency,
or department of the City;
(16)
Applying for, accepting, and expending grants and funds for
goods and services from private and public sources.
E.
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 Chairman or the Mayor.
F.
A quorum for the transaction of business shall consist of four of
the Commission's members, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
A.
Designation of property as landmark or historic district.
(1)
The Commission may designate an individual property as a landmark
if it:
(a)
Significantly contributes to or is directly related to the history
and development of the City of North Tonawanda; or
(b)
Is identified with historic personages; or
(c)
Embodies the distinguishing characteristics of a design style;
or
(d)
Is the work of a designer whose work has significantly influenced
an age; or
(e)
Because of a unique location, represents a significant segment
of the City's history.
B.
The boundaries of each designated landmark and historic district
shall be specified in detail and shall be filed, in writing, in the
City Clerk's Office for public inspection.
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 infeasible, notice may instead
be published at least once in a newspaper of general circulation at
least 30 days prior to the date of the public hearing. Once the Commission
has issued notice of a proposed designation, no building permits or
other land use approvals shall be issued by the Building Inspector,
Planning Board, or Zoning Board 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 documents 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 the hearing.
E.
The Commission shall refer its individual landmark and historic district
designations to the Common Council for approval, approval with modifications,
or disapproval. Within 30 days of the referral, the Common Council
shall approve, approve with modifications or disapprove the designation.
The Common Council shall apply the same standards as the Commission
and shall render its decision based upon the same record. If the Common
Council fails to act upon the Commission's referral within 30
days, the Commission's determination shall be deemed approved.
F.
The Commission shall forward notice of each property designated as
a landmark and of the boundaries of each designated historic district
to the office of the Niagara County Clerk for recordation.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction or moving of a landmark
or property within an historic district, nor shall any person make
any material change in the appearance of such a property, its light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public street or alley which affect the appearance
and cohesiveness of the individual landmark, property within an historic
district or the historic district as a whole, without first obtaining
a certificate of appropriateness from the Commission.
A.
In passing upon an application for a certificate of appropriateness,
the Commission shall not consider changes to features that are not
visible from a public street or alley except where alterations to
such architectural features will impact upon the integrity, support,
or exterior appearance of the individual property and/or adjacent
properties in an historic district.
B.
The Commission's decision shall be based upon the following
principles:
(1)
Landmarks and properties which contribute to the character of an
historic district shall be retained, with their historic features
altered as little as possible;
(2)
Any alteration of a landmark or property within an historic district
shall be compatible with historic character of the individual property
and/or historic district; and
(3)
New construction shall be compatible with the historic character
of the individual property and/or historic district.
C.
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, for buildings,
including but not limited to the proportion of the front facade, proportion
and arrangement of windows and other openings and roof shape, and
for the site, including but not limited to the rhythm or spacing of
buildings and structures in relation to the street and adjacent properties,
features such as drives, walks, walls, fences, hedgerows, terraces
and stairs, and major landforms or topographic features. The importance
of historic, architectural, or other features to the significance
of the property.
(5)
The importance of historic, architectural, or other features to the
significance of the individual property and/or surrounding historic
district:
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such a certificate
with the Commission. The application shall contain:
(1)
Name, address, and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Drawings of proposed changes, if available;
(4)
Perspective drawings, showing 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.
B.
No building permit or other land use approvals by the Building Inspector,
Planning Board, or Zoning Board shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Commission. The certificate of appropriateness required by
this chapter shall be in addition to and not in lieu of any approval
that may be required by any other ordinance of the City of North Tonawanda.
C.
The Commission shall approve, deny, or approve the request with modifications
within 60 days from receipt of the completed application. The Commission
may hold a public hearing on the application at which an opportunity
will be provided for the property owner and any interested parties
to present their views.
D.
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 denying or modifying any application.
A.
A certificate of appropriateness for a proposed demolition of an
individual landmark or structure included within an historic district
shall only be issued in cases of hardship, unless the Building Department,
upon due deliberation, has made an express finding that the structure
presents an imminent threat to the health, safety and welfare of the
City. In addition to establishing, to the Commission's satisfaction,
an imminent plan of reuse or redevelopment of the affected property,
the applicant for an income-producing property 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; and
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
B.
Before approving the removal, relocation or demolition of an individual
landmark or structure within an historic district, the Commission
may suspend the application for up to 180 days to allow the applicant
to consult in good faith with the Commission, local preservation groups,
and the public in a diligent effort to seek a less intrusive alternative
to demolition.
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the ground of hardship.
In order to prove the existence of hardship, the applicant shall establish
that the proposed alteration is more cost effective at installation
and has a demonstrated life span greater than a good preservation
solution, and the proposed alteration will result in maintenance and/or
operating costs less than a more appropriate preservation approach.
A.
After receiving written notification from the Commission of the denial
of a certificate of appropriateness, an applicant may commence the
hardship process. No building or demolition permit or other land use
approvals by the Building Inspector, Planning Board, or Zoning Board
shall be issued unless the Commission makes a finding that a hardship
exists.
B.
The Commission shall hold a public hearing on the hardship application
at which an opportunity will be provided for the property owner and
any interested parties to present their views.
C.
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.
D.
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.
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 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.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior feature of a landmark or property
within an historic district which does not involve a change in design,
material, color, or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark or included within an 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 Commission, produce a detrimental effect upon
the character of the individual property and/or surrounding historic
district as a whole or the life and character of the property itself.
Examples of such deterioration include:
(1)
Deterioration of walls or other vertical supports of buildings or
structures, or site retaining walls and/or stairs;
(2)
Deterioration of roofs or horizontal members of buildings or structures;
(3)
Deterioration of architectural features such as towers, chimneys
or parapets or site features such as stairs or terraces;
(4)
Deterioration or crumbling of materials, such as masonry and woods;
(5)
Deterioration of weather-protective materials and measures for buildings,
structures and general site conditions;
(6)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition of all or a portion
of a property is necessary for the public safety.
A.
Failure to comply with any of the provisions of this chapter shall
be deemed a violation, and the violator shall be liable to a fine
of not less than $500 nor more than $1,000 for each day the violation
continues.
B.
Any person who demolishes, alters, constructs, or permits a designated
property to fall into a serious state of disrepair in violation of
this chapter 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.
Any person aggrieved by a decision of the Commission relating
to hardship or a certificate of appropriateness may pursue all appropriate
remedies under Article 78 of the New York Civil Practice Law and Rules.
