[HISTORY: Adopted by the City Council of the City of Yonkers 8-27-1991 by G.O. No.
17-1991. Amendments noted where applicable.]
A.
The City Council of the City of Yonkers hereby finds and declares
that it is desirable to take measures to provide for the designation
of historic districts and landmarks in furtherance of the following
public purposes, which are found to promote the economic benefits,
the cultural and educational advantages and the general welfare of
the City of Yonkers:
(1)
To provide for the protection, enhancement, perpetuation and use
of those districts, sites, buildings, structures and objects which
are illustrative of the growth and development of our nation, our
state and our city and which are of particular historic or aesthetic
value to Yonkers.
(2)
To recognize and ensure the preservation of those elements of the
City's past which represent the many and varied architectural,
artistic, technological and cultural achievements which cannot be
duplicated or otherwise replaced.
(3)
To promote the use and preservation of historic districts and landmark
buildings, structures, sites and objects as a means of providing enjoyment
and unique educational benefit by perpetuating the physical evidence
of Yonkers' past.
(4)
To stabilize and improve property values of such historic districts,
buildings, structures, sites and objects and otherwise promote their
reuse.
(5)
To protect and enhance the City's attractions to tourists and
visitors and the support and stimulus to business and industry thereby
provided.
(6)
To foster civic pride in those elements of the City's past which
have given Yonkers its unique character and set it apart from other
communities.
B.
The City Council of the City of Yonkers hereby further finds and
declares that demolition or decay of historic landmarks and inappropriateness
or poor quality of design in the exterior appearance of landmarks
or buildings erected in historic districts adversely affects the desirability
of the immediate area and neighboring areas for residential, commercial
or other uses and, by so doing, impairs the benefits of occupancy
of existing property, impairs the stability and value of both improved
and unimproved real property and reduces the taxable value of real
property in relation to the cost of municipal services provided for
the benefit of such real property.
As used in this article, the following terms shall have these
meanings, as indicated:
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.
The Yonkers Landmarks Preservation Board.
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.[1]
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.
Any act or process that destroys, in part or in whole, a
landmark or a structure, building, site or object within an historic
district.
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.
An area of the City, designated pursuant to this article,
which:
Possesses the following characteristics:
Has been duly included on the National Register of Historic
Places maintained by the United States Secretary of the Interior;
or
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.
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.
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.
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:
Possesses one or more of the following characteristics:
Is associated with persons or events of historic significance
to the City, region, state or nation;
Is illustrative of historic growth and development of the City,
region, state or nation;
Embodies distinctive characteristics of a type, period or method
of construction or represents the work of a master;
Contains unique architectural, archaeological or artistic qualities;
or
Has been duly included on the National Register of Historic
Places maintained by the United States Secretary of the Interior;
or
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.
Any relocation of a building, structure or object on its
site or to another site.
Any mechanical or physical change to a building, structure,
site or object that is not construction, removal or alteration.
A building, structure, site or object which is customarily
open or accessible to the public or to which the public is customarily
invited.
All or part of a parcel of land designated on the Official
Assessment Map of the City of Yonkers.
Any assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A style recognized by one or more of the following:
The National Register of Historic Places.
The Historic American Buildings Survey.
The Historic American Engineering Record.
The New York State Office of Parks, Recreation and Historic
Preservation.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
[1]
Editor's Note: The definition of “chief executive officer,”
which immediately followed this definition, was deleted at time of
adoption of Code.
A.
There is hereby created a Landmarks Preservation Board for the City
of Yonkers.
B.
The Board shall consist of 11 members appointed by the Mayor with
the approval and consent of the City Council.
C.
All Board members shall have a demonstrated interest, competence
or knowledge of historic preservation. At least one Board member shall
be a member of the Yonkers Historical Society, if in existence. At
least two Board members shall be licensed architects. At least one
Board member shall be a licensed realtor. At least two Board members
shall be drawn from among one or more of the disciplines of history,
historic architecture, city planning, archaeology, historic preservation
or a similar closely related field. The Director of the Planning Bureau
shall be an ex officio nonvoting twelfth member of the Board, and
the staff of the Planning Bureau shall serve as staff for the Board
for the purpose of conducting and coordinating studies and research
and providing other material and information necessary for the Board
to exercise its powers and duties.
D.
Each member shall serve for a term of three consecutive years, except
for the first appointments to the Board, of whom four members shall
serve for three years, four members shall serve for two years, and
three members shall serve for one year. Members shall serve without
compensation. All members shall continue to hold office until their
successors have been appointed and qualified.
E.
The Chairperson of the Board, once constituted, shall be designated
by the Mayor with the approval and consent of the City Council. The
Board members shall designate a Vice Chairperson, who shall act as
head of the Board in the absence of the Chairperson.
F.
The Board shall set meeting dates and adopt such procedures pertaining
to its duties as are necessary for it to properly perform its functions
as set forth herein and as are consistent with the laws of the nation,
state and city.
G.
All meetings of the Board shall be held in accordance with the applicable
provisions of the New York State Public Officers Law and Open Meetings
Law.[1] Every rule, regulation, guideline, amendment or repeal
thereof and every order, requirement, decision or determination of
the Board shall be filed with the Planning Bureau and the City Clerk
and shall be a public record.
[1]
Editor's Note: See Article 7 of the Public Officers Law.
H.
Board meetings shall be held at regular intervals, but in no event less than four times each year. Six members shall constitute a quorum, and actions may be taken by a vote of a majority of members present and voting; except that the affirmative vote of six or more members shall be required to recommend designation of an historic district or landmark, to recommend recession of a designation of an historic district or landmark, to refuse to grant a certificate of appropriateness, to grant a certificate of appropriateness or to grant a certificate of appropriateness with conditions or to act pursuant to § 45-8O.
[Amended 10-14-1997 by G.O. No. 13-1997]
I.
Board members shall be required to exempt themselves from voting
on any project in which their own, a member of their family's,
or a relative's financial or personal interests are directly
involved.
J.
The date on which any application, submission or referral shall be
considered to have been officially submitted and received shall be
the date of the next meeting of the Landmarks Preservation Board.
[Added 6-27-2000 by G.O. No. 2-2000]
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.
A.
In order to promote the general welfare through the preservation
and protection of buildings, structures, sites, objects and areas
of historical or architectural interest, historic districts and landmarks
shall be designated as provided herein.
B.
A proposal for the designation of a building, structure, site or
object as a landmark or an area as an historic district may be submitted
by any person or any public or private entity to the Board. This proposal
shall be in writing and shall include the following:
(1)
A proposal to designate a building, structure, site or object for
preservation as a landmark shall include:
(a)
A concise description of the physical elements, qualities, architectural
style, period and historical significance represented by the building,
structure, site or object, including a consideration of design, scale,
material, workmanship and spatial qualities, as relevant.
(b)
A concise statement of how the building, structure, site or
object meets the definition of "landmark" as provided in this article.
(c)
Exterior photographs of the building, structure, site or object
and a site map illustrating the characteristics enumerated in the
definition of "landmark" as provided in this article.
(d)
The name and address of the property owner(s).
(e)
The name, address and telephone number of the person, agency,
organization or entity which submitted the proposal and the person,
organization, agency or entity represented.
(2)
A proposal to designate areas for preservation as historic districts
shall include:
(a)
A concise statement of the physical elements which make the
area an historic district and a description of all buildings, structures,
sites or objects located within the proposed district, with special
note of types, architectural styles and periods represented.
(b)
A concise statement of how the district meets the definition
of "historic district" as provided in this article.
(c)
A map showing the boundaries of the proposed district and the
location of buildings, structures, sites or objects therein.
(d)
A justification of the boundaries of the district.
(e)
The name and address of every property owner within the proposed
district.
(f)
The name, address and telephone number of the person, agency,
organization or entity which submitted the proposal and the person,
organization, agency or entity represented.
C.
The Board shall determine the precise method by which all proposals
to designate historic districts and landmarks are processed so long
as the mandatory requirements of this article are satisfied.
D.
Prior to conducting a public hearing on the proposed designation,
the Board shall refer the proposal to the Planning Board for its advisory
recommendation and advice.
E.
In connection with its review of a proposed designation of a landmark
or historic district, the Board may obtain professional expertise
before rendering its decision. The Board may seek assistance from
staff, universities, private preservation organizations, the New York
State Office of Parks, Recreation and Historic Preservation and other
review commissions or private consultants.
F.
After receipt of the Planning Board's recommendation, the Yonkers
Landmarks Preservation Board shall hold a duly noticed public hearing
prior to issuing a recommendation on designation of a proposed landmark
or historic district.
G.
With reference to the Board hearing regarding a proposed landmark,
in addition to publication of notice of the Board's public hearing,
the publication shall also contain the name of the owner of record
and the address of any building, structure, site or object proposed
to be a landmark. Notice of the time and place of the public hearing,
along with the description of the building, structure, site or object
to be considered as a landmark, shall be sent by registered mail,
return receipt requested, to the owner of record.
H.
With reference to the Board hearing regarding a proposed historic
district, in addition to publication of notice of the Board's
public hearing, the publication shall also contain a map clearly delineating
the boundaries of the proposed district and shall also contain a listing
of all of the tax block and lot numbers within the proposed district
as of the date of the publication of the notice. Notice of the time
and place of the hearing, along with the map showing the boundaries
of the proposed district, shall be sent by registered mail, return
receipt requested, to the president of any civic, homeowners',
business or other such similar organization(s) known to exist and
represent the area in which the proposed district is located. A list
of the names and addresses of all known property owners within the
proposed district shall be on file and be available for public inspection
in the office of the Yonkers Planning Bureau.
I.
The Board shall, after a duly noticed public hearing, issue a report
of its findings. Any report shall include a statement of how the building,
structure, site object or district complies with or fails to comply
with applicable definitions set forth within this article. Such report
shall be directed to the City Council if the report recommends designation
of a proposed landmark and historic district.
J.
If the Board recommends designation of a proposed landmark or historic
district, then the City Council shall review the recommendation of
the Board. The City Council may:
(1)
Accept the recommendation of the Board and designate one or more
landmarks and historic districts.
(2)
Remand the report to the Board for additional work or information
with written findings of the City Council in which the Council states
its concerns and its reasons for the remand.
(3)
Reject the report of the Board and refuse to designate one or more
landmarks or historic districts.
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.
A.
Notwithstanding any other ordinance, code, rule or regulation concerning
the issuance of building, demolition, subdivision, or other permits
or approvals, none of the following activities shall be commenced
without the issuance of a certificate of appropriateness:
(1)
Any alteration or repair which causes any material change in appearance
of any feature of a building, structure, site or object in a designated
historic district or of a designated landmark.
(2)
Any new construction in a designated historic district.
(3)
Any demolition or removal of a building, structure, site or object
in a designated historic district or of a designated landmark.
B.
The certificate of appropriateness required by this section shall
be in addition to and not in lieu of any building, sign or other permit
that may be required by any state or local requirement or regulation.
Nothing in this article shall preclude compliance with all other applicable
state and local requirements, including but not limited to the necessity
of obtaining a building permit. Even if a certificate of appropriateness
is issued as provided in this article, a person shall still be required
to obtain a building permit if a building permit is required for the
activity approved in the certificate of appropriateness. Issuance
of a building permit by the Bureau of Housing and Buildings shall
not relieve any person from the requirement of obtaining a certificate
of appropriateness or from fully complying with all of the requirements
of this article.
C.
An application for a certificate of appropriateness shall be submitted
to the Board in such form and including such written information and
data and such plans, elevations, drawings, etc., as the Board may
require.
D.
In passing upon an application for a certificate of appropriateness,
the Board shall not consider changes to interior spaces, except in
cases where the interiors have been duly designated as interior landmarks.
E.
Within 90 days after an application is filed, the Board shall hold
a meeting open to the public and shall then determine whether the
proposed change will be appropriate to the preservation of the district
or the landmark in view of the purposes of this article. In exercising
this power, the Board shall:
(1)
Regarding landmarks, apply the United States Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings and shall consider, in addition to any other pertinent factors,
the historical and architectural style, general design arrangement,
texture, material and color of component(s) or sign(s) involved and
the relationship thereof to other buildings, structures, sites or
objects in the immediate neighborhood or district.
(2)
Regarding historic districts, the Board shall apply the United States
Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings. The Board may adopt
additional guidelines for individual historic districts which are
more restrictive than those prescribed by the United States Secretary
of the Interior and which shall address alterations, additions, new
construction, demolition, siting, landscaping and relocation of buildings,
structures or objects. The Board may also take into consideration
the visual relationship between the property in question and existing
buildings, structures, sites or objects either immediately adjacent
to or in the surrounding area and the character of the district and
the extent to which a new or altered building, structure, site or
object would be harmonious with or incongruous to the historic and
architectural qualities or distinctive aspects of the district.
F.
With respect to demolition or removal in whole or in part of a landmark
or building, structure, site or object in an historic district, the
Board shall apply the United States Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings and shall consider whether:
(1)
The building, structure, site or object is of such architectural
or historic interest that its demolition or removal would be to the
detriment of the public interest.
(2)
Retention of the building, structure, site or object would help preserve
and protect an historic place or area of historic interest in the
City.
(3)
Retention will promote the general welfare by maintaining and increasing
real estate values and encouraging interest in American history, architecture
and culture.
G.
If the Board approves the application, the Board shall issue a certificate
of appropriateness, which shall specify the work or activity to be
done. In issuing the certificate, the Board may prescribe any conditions
that it deems to be necessary to carry out the intent and purposes
of this article. A certificate issued pursuant to this section shall
relate solely to proposed plans and representations included in or
accompanying the application. It shall be unlawful to deviate from
the representations and plans, including any modifications required
as a condition for the issuance of such certificate, unless and until
an amended certificate shall be applied for and issued.
H.
If the Board determines that a certificate of appropriateness should
not be issued, the Board shall notify the applicant, in writing, of
such determination, and of the Board's reasons therefor, and
shall file such notice with the City Clerk and the Director of the
Bureau of Housing and Buildings. Unless the action of the Board is
reversed on appeal, no building permit, permit for a sign, permit
for demolition or removal or other permit shall be issued in an historic
district or involving a landmark if a certificate of appropriateness
has been denied.
I.
If a certificate of appropriateness has been approved, then a building
permit or any other approval issued for the same work or activity
by any other agency of the City shall be consistent with the terms
and requirements of the certificate of appropriateness.
J.
Notwithstanding the other provisions of the section, if the Board
fails to issue a certificate of appropriateness or notify the applicant
of its determination not to issue a certificate within 90 days after
such application therefor is filed, or within such additional time
period as the Board and the applicant may agree, such application
shall be deemed approved.
K.
Nothing contained in this article shall be construed as authorizing
the Board, when acting with respect to an application for a certificate
of appropriateness or when adopting regulations in relation thereto,
to waive any code, ordinance, regulation or law of the City of Yonkers.
In exercising its powers and performing its functions under this article
regarding the construction, reconstruction, alteration, removal, repair,
demolition or use of any building, structure, site, object or sign,
the Board may impose determinations or conditions which are more restrictive
than those prescribed in other applicable codes, ordinances, regulations
and laws.
L.
Any certificate of appropriateness shall expire 12 months from the
date of issuance if the work authorized thereby is not commenced by
the end of such twelve-month period; and further, such certificate
shall also expire and become null and void if such authorized work
is suspended and abandoned for a period of 12 months after being commenced.
Any period or periods of time during which the right to use any such
certificate is stayed, due to judicial action, shall be excluded from
the computation of the 12 months.
M.
Any action requiring a building permit and a certificate of appropriateness
shall also require a certificate of completion or occupancy from the
Bureau of Housing and Buildings. The Bureau of Housing and Buildings
shall issue a certificate of completion or occupancy when the work
or activity authorized in the certificate of appropriateness has been
completed according to the terms and requirements contained therein.
[Amended 6-23-1992 by G.O. No. 3-1992]
N.
If a building permit is required, then the fee for the certificate of appropriateness shall be 10% of the fee for a building permit established in Chapter 56, Building and Electrical Code, and shall be paid in addition to the fee for the building permit. If no building permit is required, then there shall be no fee to obtain a certificate of appropriateness. All fee payments shall be made to the Comptroller.
[Amended 6-23-1992 by G.O. No. 3-1992]
O.
The Board may adopt a list of types of activities of lesser impact
for which the Director of Planning may grant certificates of appropriateness,
and may establish procedures for this purpose. The Director may exercise
discretion within such listed activities to grant or deny certificates
of appropriateness or to determine that an action should instead be
referred to the Board. An applicant may not apply to both the Board
and Director regarding the same action. The applicant may appeal the
Director's determination to deny a certificate under this section
to the Board.
[Added 10-14-1997 by G.O. No. 13-1997]
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.
A.
An applicant whose certificate of appropriateness has been denied
or approved with conditions may apply for appropriate relief from
the requirements of this article or conditions imposed by the Board
on the grounds that such requirements or conditions imposed will result
in a hardship.
B.
In order to prove the existence of hardship, an applicant shall establish
that it is unable to make any economically viable use of the property,
whether for income-producing purposes or for private use.
C.
In order to prove the existence of hardship, an applicant whose certificate
of appropriateness for a proposed demolition has been denied 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.
D.
A hardship applicant whose primary purpose or mission is philanthropic,
eleemosynary, religious or charitable and whose certificate of appropriateness
was proposed in furtherance of philanthropic, eleemosynary, religious
or charitable purposes shall establish that the Board's action
seriously interferes with the applicant's ability to continue
the current use of the property and seriously interferes with the
applicant's philanthropic, eleemosynary, religious and charitable
purposes.
E.
After receiving written notification from the Board of the denial
of a certificate of appropriateness or the granting of a certificate
of appropriateness with conditions, the applicant may commence the
hardship application procedure. No building permit or demolition permit
shall be issued unless the Board makes a finding that a hardship exists.
F.
The Board shall hold a public meeting on the hardship application,
at which an opportunity will be provided for proponents and opponents
of the application to present their views.
G.
The applicant shall provide evidence that the applicant has consulted
in good faith with the Board, local preservation groups and interested
parties in a diligent effort to seek an alternative that will result
in preservation of the property and compatibility with the established
design criteria.
H.
The Board may solicit expert testimony or require that the applicant
make submissions concerning any or all of the following information
before it makes a determination on the application:
(1)
An estimate of the cost of the proposed construction, alteration,
demolition or removal and an estimate of any additional cost that
would be incurred to comply with the decision of the Board.
(2)
A report from a licensed engineer or architect with demonstrated
qualifications and experience in rehabilitation as to the structural
soundness of any structures on the property and their suitability
for rehabilitation.
(3)
The estimated market value as determined by a licensed assessor of
the property:
(4)
In the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser or other real estate
professional experienced in rehabilitation regarding the economic
feasibility of rehabilitation or reuse of the existing structure on
the property.
(5)
The amount paid for the property, the date of purchase and the party
from whom purchased, including a description of the relationship,
if any, between the owner of record or applicant and the person from
whom the property was purchased, and any terms of financing between
the seller and buyer.
(6)
If the property is income-producing, the annual gross income from
the property for the previous two years; itemized operating and maintenance
expenses for the previous two years; and depreciation and annual cash
flow before and after debt service, if any, during the same period.
(7)
The remaining balance on any mortgage or other financing secured
by the property and annual debt service, if any, for the previous
two years.
(8)
All appraisals obtained within the previous two years by the owner
or applicant in connection with purchase, financing or ownership of
the property.
(9)
Any listing of the property for sale or rent, the price asked and
offers received, if any, within the previous two years.
(10)
The assessed value of the property according to the two most
recent assessments.
(11)
Real estate taxes for the previous two years.
(12)
The form of ownership or operation of the property, whether
sole proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture or other.
(13)
Any other information deemed necessary by the Board to make
a determination of economic hardship.
I.
Upon a finding by the Board that, without the granting of the relief
requested, all reasonable use of or return from a designated landmark
or property within an historic district will be denied a property
owner, then the Board shall delay granting the relief requested for
a period not to exceed 90 days. During this period of delay, the Board
shall investigate plans and make recommendations to the City Council
and other municipal agencies to allow for a reasonable use of or return
from the property or to otherwise preserve the property. Such plans
and recommendations may include but are not limited to a relaxation
from the provisions of any other Code, ordinance, law or requirement
of the City, a reduction in real property taxes, financial assistance,
building code modifications and/or changes in zoning regulations.
If, by the end of the ninety-day period, the Board has found that,
without granting the relief requested, the property still cannot be
put to a reasonable use or the owner cannot obtain a reasonable economic
return therefrom, then the Board shall issue a certificate of economic
hardship granting appropriate relief from the requirements of this
article.
J.
All decisions of the Board on hardship applications shall be in writing.
A copy shall be sent to the applicant by mail and a copy filed with
the City Clerk's office, the Planning Bureau and the Bureau of
Housing and Buildings for public inspection. The Board's decision
shall state the reasons for granting or denying the hardship application.
A.
Every owner or other person in charge of a landmark building, structure,
site or object or a building, structure, site or object in an historic
district shall keep in good and proper repair the property and all
portions thereof which, if not so maintained, may cause or tend to
cause the property to deteriorate, decay or become damaged or otherwise
to fall into a state of disrepair.
B.
In any case where the Director of the Bureau of Housing and Buildings
shall order or direct the construction, removal, alteration or demolition
of a landmark or a building, structure, site or object in an historic
district for the purpose of remedying conditions determined to be
dangerous to life, health or property, nothing contained herein shall
be construed to make it unlawful for any person, without prior issuance
of a certificate of appropriateness, to comply with such order or
direction. The Director of the Bureau of Housing and Buildings shall
give the Board as early notice as is practicable of any such proposed
order or direction.
C.
Nothing in this article shall be construed to prevent the ordinary
maintenance or repair of any exterior architectural feature of any
building, structure, site or object, whether a landmark or within
an historic district or otherwise, which does not involve a change
in design, material, texture, color or outer appearance thereof.
A.
It shall be unlawful for any person, public or private entity, firm or corporation to construct, alter, repair, equip, use, occupy, change the appearance of or maintain any building, structure, site or object or portion thereof in violation of any provision of Article I of this chapter.
B.
It shall be unlawful for any person, public or private entity, firm or corporation to construct, alter, repair, remove, demolish, equip, use, occupy, change the appearance of or maintain any building, structure, site or object or portion thereof which is a duly designated landmark or is located in a duly designated historic district hereunder in violation of any provision of Article I of this chapter or to fail in any manner to comply with a notice, directive or order of the Board or the Director of the Bureau of Housing and Buildings hereunder or to construct, alter, use, occupy or destroy any building, structure, site or object or part thereof in a manner not permitted by an effective certificate of appropriateness, building permit or certificate of occupancy properly issued hereunder.
C.
It shall be unlawful to do work regarding landmarks or historic districts in a manner other than as authorized in a certificate of appropriateness issued under Article I of this chapter. It shall be the duty of the Director of the Bureau of Housing and Buildings to inspect periodically any such work to assure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness or upon notification of such fact by the Board, the Director of the Bureau of Housing and Buildings shall issue a stop-work order, and all work shall immediately cease. No further work shall be undertaken on the property as long as a stop-work order is in effect. Any person, public or private entity, firm or corporation failing to comply with a written order of the Director of the Bureau of Housing and Buildings within the time fixed for compliance therewith shall be liable pursuant to the applicable penalties in Chapter 56, Building and Electrical Code.
E.
Any person, public or private entity, firm or corporation undertaking to demolish, alter, repair, remove or construct a building or structure in violation of Article I of this chapter may be required by the Board to restore the building, structure, site or object to its appearance prior to the violation. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
