[Res. No. 135-90, § 3(a), 11-27-1990]
The historic preservation commission may recommend that the
common council designate an individual property as a landmark or monument
if it:
(a)
Possesses special character, historic or aesthetic interest, or value
as part of the cultural, political, economic, or social history of
the city, region, state, or nation;
(b)
Is identified with historic personages;
(c)
Embodies the distinguishing characteristics of an architectural style;
(d)
Is the work of a designer whose work has significantly influenced
an age; or
(e)
Because the grounds or the structures located thereon are of a unique
location or singular physical characteristic or represent an established
and familiar visual feature of a neighborhood.
[Res. No. 135-90, § 3(b), 11-27-1990]
The historic preservation commission may recommend that the
common council designate a group of adjoining properties as a historic
district if each of the adjoining properties:
[Res. No. 135-90, § 3(c), (d), 11-27-1990]
(a)
The historic preservation commission, upon recommending to the common
council a landmark, monument, or district for a historical designation,
shall send notice of the proposed designation by registered mail to
the owner of the property proposed for designation, describing the
property proposed and announcing a time, date, and place for a public
hearing by the common council to consider the designation. Notice
shall also be published at least twice in the Olean Times Herald at
least 30 and 15 days prior to the date of the public hearing.
(b)
Once the commission has issued notice of a proposed designation,
no building permits shall be issued by the building inspector within
a designated district or for work on a designated landmark or monument,
until the common council has reviewed the building permit application
and acted on the commission’s recommendation.
[Res. No. 135-90, § 3(e), 11-27-1990]
The common council shall hold a public hearing prior to designation
of any landmark, monument, or historic district. More than one proposed
designation may be the subject of a single hearing. The historic preservation
commission, property owners, lessors, and any interested persons may
present testimony of documentary evidence at the hearing which will
become part of a record regarding the proposed designation. The record
may also contain staff reports, written public comments, or other
evidence offered outside of the hearing. However, all evidence not
submitted at the hearing shall be submitted at least five days prior
to the hearing and made available to the public at the hearing.
[Res. No. 135-90, § 3(f), 11-27-1990]
Within 30 days after the hearing, the historic preservation commission shall prepare a written recommendation to the common council, which shall consider the testimony and evidence compiled at the hearing, the opinions of the commission, and any other evidence offered outside the hearing which the commission feels is relevant to its recommendation. The commission’s report shall specifically consider each of the factors set forth in section 11-51, indicating which of the factors it deems most important. The commission’s report shall be forwarded by the commission to each property owner who shall be affected by the decision, and shall also be printed in the Olean Times Herald at least 15 days prior to the common council meeting where the recommended designation shall be considered. The common council shall, within 60 days after the public hearing, decide whether or not to grant the proposed landmark, monument, or historic district historic status.
[Res. No. 135-90, § 3(g), 11-27-1990]
Upon the decision of the common council, the historic preservation
commission shall forward a copy of the written resolution granting
landmark, monument, or historic district status or denying such designation
to the owner of the property involved.
[Res. No. 135-90, § 3(h), 11-27-1990]
Once a landmark, monument, or district has been granted historic status, no building permits shall be issued by the building inspector relative to such landmark, monument, or district until the historic preservation commission has reviewed the building permit application, giving consideration as to whether the work proposed in the building permit application will adversely affect the special character, historic or aesthetic interest, or value of the landmark, monument, or district. If the commission believes that a possibility of adverse impact exists, the commission shall contact and consult with the applicant for the building permit, review designs, drawings, and architectural plans relative to the proposed work; and consider the criteria set forth in section 11-2. After consulting with the owner, the commission shall either:
(1)
Recommend to the building inspector that the permit be granted;
(2)
Propose a plan to the owner under which the commission feels the
work anticipated can be completed in a manner which shall not adversely
impact the monument, landmark, or district; or
(3)
Recommend to the common council that the building permit be denied,
setting forth the reasons why the proposed work cannot be completed
in a manner which would not adversely impact the landmark, monument,
or district, and recommend to the common council what action the commission
believes is necessary to preserve the landmark, monument, or district.
