As used in this article, the following terms shall have these
meanings, as indicated:
ALTERATION
Any act or process which changes one or more of the features
of a structure, building, site or object designated as a landmark
or any structure, building, site or object in an historic district.
BOARD
The Yonkers Landmarks Preservation Board.
BUILDING
A structure wholly or partially enclosed within exterior
walls, or within exterior or party walls and a roof, which may afford
shelter to persons, animals or property.
CONSTRUCTION
Any act of erecting an addition to an existing structure,
building, site or object or the erection of a new principal or accessory
structure on a lot or property.
DEMOLITION
Any act or process that destroys, in part or in whole, a
landmark or a structure, building, site or object within an historic
district.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building, structure,
site or object, including but not limited to the kind, color and texture
of the building material and the type and style of all windows, doors,
lights, signs and other fixtures appurtenant to said building or structure.
HISTORIC DISTRICT
An area of the City, designated pursuant to this article,
which:
A.
Possesses the following characteristics:
(1)
Has special character and special historic value;
(2)
Represents one or more periods or styles of art or architecture
typical of one or more past eras; and
(3)
Geographically combines such factors in a distinct and identifiable
portion of the City so as to constitute a discernible entity; or
B.
Has been duly included on the National Register of Historic
Places maintained by the United States Secretary of the Interior;
or
C.
Has been duly included on the New York State Register of Historic
Places maintained by the New York State Office of Parks, Recreation
and Historic Preservation.
INTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and
components of or on all of the interior surfaces of a public or semipublic
building or structure, including but not limited to the kind, color
and texture of the building materials and the type and style of all
windows, doors, lights, signs and other fixtures appurtenant to said
building or structure.
INTERIOR LANDMARK
An interior, or part thereof, of a building, structure or
object which is customarily open or accessible to the public or to
which the public is customarily invited and which has a special historical
or aesthetic interest or value as part of the development, heritage
or cultural characteristics of the City, state or nation and which
has been duly designated an as "interior landmark" pursuant to the
provisions of this article.
LANDMARK
A building, structure, site, object or parcel of land, designated
pursuant to this article, which may or may not be located in a designated
historic district and which:
A.
Possesses one or more of the following characteristics:
(1)
Is associated with persons or events of historic significance
to the City, region, state or nation;
(2)
Is illustrative of historic growth and development of the City,
region, state or nation;
(3)
Embodies distinctive characteristics of a type, period or method
of construction or represents the work of a master;
(4)
Contains unique architectural, archaeological or artistic qualities;
or
B.
Has been duly included on the National Register of Historic
Places maintained by the United States Secretary of the Interior;
or
C.
Has been duly included on the New York State Register of Historic
Places maintained by the New York State Office of Parks, Recreation
and Historic Preservation.
REMOVAL
Any relocation of a building, structure or object on its
site or to another site.
REPAIR
Any mechanical or physical change to a building, structure,
site or object that is not construction, removal or alteration.
SEMIPUBLIC
A building, structure, site or object which is customarily
open or accessible to the public or to which the public is customarily
invited.
SITE
All or part of a parcel of land designated on the Official
Assessment Map of the City of Yonkers.
STRUCTURE
Any assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
STYLES OF ARCHITECTURE
A style recognized by one or more of the following:
A.
The National Register of Historic Places.
B.
The Historic American Buildings Survey.
C.
The Historic American Engineering Record.
D.
The New York State Office of Parks, Recreation and Historic
Preservation.
E.
The National Trust for Historic Preservation.
F.
The Society of Architectural Historians.
The Yonkers Landmarks Preservation Board shall perform the duties
as described herein:
A. Prepare reports on and nominations of areas, buildings, structures,
sites or objects as landmarks or historic districts.
B. Issue or deny certificates of appropriateness for landmarks, buildings,
structures, sites or objects in historic districts.
C. Maintain and periodically revise, no less often than every five years,
public listings of historical sites, buildings, structures, objects
or districts and data about them, appropriately classified with respect
to national, state or local significance, in a manner and format that
is consistent with that established by the New York State Office of
Parks, Recreation and Historic Preservation.
D. Establish procedures, which shall be coordinated with and complementary
to the survey activities of the New York State Office of Parks, Recreation
and Historic Preservation, for the identification and nomination of
historic districts and buildings, structures, sites or objects and
landmarks.
E. Formulate recommendations concerning the establishment of an appropriate
system of markers for selected historic and/or architecturally significant
buildings, structures, sites, objects or districts, including proposals
for the installation and care of such historic markers.
F. Formulate recommendations concerning the preparation and publication
of maps, brochures and descriptive material about the City's
historic and/or architectural features and resources.
G. Cooperate with and advise the City Council, the Planning Board, the
Zoning Board of Appeals and other city boards, agencies, departments,
bureaus and offices regarding matters involving historically and/or
architecturally significant sites and buildings, including but not
limited to appropriate land usage, parking facilities and signs.
H. Cooperate with and enlist assistance from the National Park Service,
the National Trust for Historic Preservation, the New York State Office
of Parks, Recreation and Historic Preservation and other state, national
or local public or private agencies or groups concerned with historic
buildings, structures, sites, objects or districts.
I. Advise the owners of historic buildings, structures, sites or objects
on problems of preservation relating to their properties.
J. File an annual report regarding its activities with the City Council.
Landmark or historic district designation may be rescinded by
the City Council as follows:
A. Upon written recommendation from the Board in which the Board states
that the landmark or historic district no longer meets the eligibility
criteria established in this article; and
B. After full compliance with all of the procedures and notices required
in this article for the designation of a landmark or historic district.
[Amended 6-27-2000 by G.O. No. 2-2000]
A. No application for approval of a zone change, variance, special exception,
subdivision, site plan, building permit, demolition permit or sign
permit shall be granted by the City for any property proposed as a
landmark or historic district from the date of the filing of the proposal
with the Board until the final disposition of the proposed designation
by the Board or the City Council, unless such alteration, removal
or demolition is necessary for the public health, welfare or safety.
In no event shall the moratorium be for more than 180 days.
B. Notwithstanding the requirements of §
45-7A, applications for building permits or sign permits may be granted during the City's consideration of a proposed landmark or historic district designation. Building permits and sign permits shall be granted after the Board has issued an approval of the work proposed in the form of a certificate of appropriateness. An application seeking a certificate of appropriateness pursuant to this section (§
45-7B) shall be processed, reviewed, granted or denied based upon procedures and criteria identical to those in effect for established landmarks or historic districts.
Except for action taken pursuant to §
56-83, no activity authorized in the remainder of Article
IX of Chapter
56, Building and Electrical Code, shall be approved for any landmark or in any historic district unless prior notice has been given to the Board and the Board is given an opportunity to present information to the Bureau of Housing and Buildings. Regarding actions taken pursuant to §
56-83, the Bureau of Housing and Buildings shall inform the Board of the nature of activities undertaken in historic districts or to any landmark.