This chapter shall be known and may be cited as the "City of
Ithaca Landmarks Preservation Ordinance."
The purpose of this chapter is to:
A. Promote the educational, cultural, economic and general welfare of
the public through the protection, enhancement and perpetuation of
buildings, structures, landscape features, archeological sites, and
districts of historic and cultural significance.
B. Safeguard the City's historic, aesthetic and cultural heritage
as reflected in such buildings, structures, landscape features, archeological
sites, and districts.
C. Protect the value of historic properties and their owners' investment
in them, and stabilize historic neighborhoods.
D. Foster civic pride in the legacy of beauty and achievements of the
past.
E. Protect and enhance the City's attractiveness to tourists and
visitors and the support and stimulus to the economy thereby provided.
F. Strengthen the economy of the City.
G. Promote the use of buildings, structures, landscape features, archeological
sites, and districts of historic and cultural significance as sites
for the education, pleasure and welfare of the people of the City.
H. Insure the harmonious, orderly, and efficient growth and development
of the City.
As set forth in §
73-4, the Ithaca Landmarks Preservation Commission is responsible for the approval or disapproval of proposals for exterior changes to a designated historic property. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of an individual landmark or property within an historic district, nor shall any person make any change in the exterior appearance of such property, its site, its light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements, without first obtaining a certificate of appropriateness or finding of economic hardship from the Ithaca Landmarks Preservation Commission, or obtaining approval by the Commission's Secretary pursuant to §
228-7C, or upon order of the Director of Planning and Development, or Director of Code Enforcement, Superintendent of Public Works, or Fire Chief pursuant to §
228-13. Any exterior alteration made in the absence of such required approvals must be reviewed retroactively by the Ithaca Landmarks Preservation Commission, applying the criteria for approval set forth in §§
228-6 and
228-10 as though the work had not yet been completed. All changes to City-owned property affecting an individual landmark or within an historic district shall be subject to the provisions of this ordinance.
No certificate of appropriateness is required for temporary
improvements. Temporary improvements are those that will be in place
for no more than 180 consecutive days and result in no permanent physical
alteration of the structure or site.
If the construction of a project approved for a certificate
of appropriateness has not commenced within 24 months of the date
of the approval, such approval shall expire, unless an extension has
been granted by the Landmarks Preservation Commission following a
written request by the applicant. An application for an extension
of certificate of appropriateness approval shall not be considered
a new certificate of appropriateness application.
Any person aggrieved by any decision by the Commission may apply
to the Supreme Court in the State of New York for review under Article
78 of the Civil Practice Law and Rules within 30 days of publication
of the decision.