As used in this chapter, the following terms shall have the
meanings indicated:
ACQUISITION
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
ADDITION
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
ALTERATION
Any act or process that changes one or more of the exterior
architectural features of an improvement or landscape feature, including
but not limited to the erection, construction, reconstruction, or
removal of any improvement or landscape feature.
APPROPRIATE
Especially suitable or compatible in the circumstances.
ARCHITECTURAL SIGNIFICANCE
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
BOARD
The Historic Resources Review Board provided for by §
178-4.
BUILDING
Any construction created to shelter any form of human use,
such as a house, garage or barn, and which is permanently affixed
to the land. "Building" may also refer to a historically related complex,
such as a house and a barn.
BUILDING INSPECTOR
The person, or his or her designee, authorized and certified
to enforce the New York State Fire Prevention and Building Code. The
person, or his or her designee, who is also authorized by the City
Council to enforce this chapter, except where another official is
expressly authorized.
BUILDING OFFICIAL
The person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the City.
CERTIFICATE OF APPROPRIATENESS
An official form issued by the City Historic Resources Review
Board stating that the proposed work on a designated historic resource
is compatible with the historic character of the property and thus
in accordance with the provisions of this chapter and therefore: (1)
the proposed work may be completed as specified in the certificate;
and (2) the City's departments may issue any permits needed to do
the work specified in the certificate.
CERTIFICATE OF ECONOMIC HARDSHIP
An official form issued by the City Historic Resources Review
Board when the denial of a certificate of appropriateness has deprived,
or will deprive, the owner of the property of all reasonable use of,
or economic return on, the property.
CHANGE
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
CHARACTER
Defined by form, proportion, structure, plan, style or material.
General character refers to ideas of design and construction such
as basic plan or form. Specific character refers to precise ways of
combining particular kinds of materials.
COMPATIBLE
In harmony with location, context, setting, and historic
character.
CONSTRUCTION
The act of adding to an existing structure or erecting a
new principal accessory structure on any real property.
DEMOLISH/DEMOLITION
Any act or process that destroys in part or in whole any
exterior improvement or landscape feature of an historic landmark
or historic property within an historic district or any designated
public interior.
DEMOLITION BY NEGLECT
A situation in which a property owner, or others having legal
possession, custody or control of the property, intentionally allows
the condition of a property located within an historic district or
a designated local landmark to suffer such deterioration, potentially
beyond the point of repair as to threaten the structural integrity
of the structure or significant architectural detail.
DEMOLITION PERMIT
A permit issued by the Building Official allowing the applicant
to demolish a building or structure, after having received a certificate
of appropriateness approval from the Board.
EVALUATION
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service at 36 CFR Part 61 as determined by the State Historic Preservation Office, using the designation criteria outlined in §
178-11 of this chapter.
EXTERIOR ARCHITECTURAL FEATURES
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
FEATURE
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic property, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
property.
HISTORIC CONTEXT
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
HISTORIC DISTRICT
An area designated as an historic district by this chapter
which contains within definable geographic boundaries a significant
concentration, linkage or continuity of sites, buildings, structures,
objects or landscape features united historically or aesthetically
by plan or physical development. A designated historic district shall
not be construed as a zoning district of the City, and nothing contained
herein shall be construed as authorizing the board to adopt a law,
bylaw, or regulation that regulates or limits the height and bulk
of buildings, regulates and determines the area of yards, courts and
other open spaces, regulates density of population or regulates or
restricts the locations of trades and industries or creates zoning
districts for any such purpose.
HISTORIC FABRIC
Original or old building materials (masonry, wood, metals,
marble) or construction.
HISTORIC INTEGRITY
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
HISTORIC LANDMARK
A building, district, site, structure, object or landscape
feature significant in American history, cultural, architectural,
engineering, or archeology at the City, the state or the national
level.
HISTORIC PROPERTY
A district, site, building, structure, object or landscape
feature significant in American history, cultural, architectural,
engineering, or archeology at the City, the state or the national
level.
HISTORIC RESOURCE SURVEY
a) The process of systematically identifying, researching,
photographing, and documenting historic resources within a defined
geographic area; and b) the resulting list of evaluated properties
that may be consulted for future designation. For the purpose of this
chapter, all surveys shall be conducted in accordance with the Secretary
of the Interior's Standards and Guidelines for Identification and
Evaluation, as may be amended.
HISTORIC SIGNIFICANCE
The quality of place, site, building, district, or structure
based upon its identification with historic persons or events in the
City of Auburn.
INTEGRITY
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic or prehistoric period.
INVENTORY
A list of historic properties determined to meet specified
criteria of significance.
LANDMARK
Any building, structure or site that has been designated as a "landmark" by the City Council, pursuant to procedures described in §
178-8 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
LISTING
The formal entry or registration of a property.
MAINTAIN
To keep in an existing state of preservation or repair.
MINOR WORK
Any change, modification, restoration, rehabilitation, or
renovation of the features of an historic resource that does not materially
change the historic characteristics of the property.
MOVE
Any relocation of a building or structure on its site or
to another site.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
NATIONAL REGISTER OF HISTORIC PLACES
The official inventory of the nation's historic properties,
districts, sites, structures, objects and landmarks which are significant
in American history, architecture, archeology, and culture, maintained
by the Secretary of the Interior under the authority of the Historic
Sites Act of 1935 and the National Historic Preservation Act of 1966
(16 U.S.C. § 470 et seq., 36 CFR 60 and 63, as may be amended).
NONCONTRIBUTING
A feature, addition or building, structure, object or site
which does not add to the sense of historical authenticity or evolution
of an historic resource or landmark or where the location, design,
setting, materials, workmanship, history, and/or association of the
feature, addition or building, structure, object or site has been
so altered or deteriorated that the overall integrity of that historic
resource or landmark has been irretrievably lost.
OBJECT
Things that are primarily artistic in nature or are relatively
small in scale and simply constructed. Although it may be moveable
by nature or design, an object is associated with a specific setting
or environment. Examples include boundary markers, mileposts, fountains,
monuments, and sculpture. This term may include landscape features.
OVERLAY DISTRICT
A zoning district not independently mapped on the Zoning
Map but that exists in conjunction with and provides alternative or
additional regulations applicable to the primary underlying zoning
district shown on the Zoning Map. An overlay district's boundaries
shall be described within the text of the provisions of the article
or any amendment to the article establishing the same.
[Added 5-2-2019 by L.L.
No. 1-2019]
OWNER
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of the Tax Map of the City of Auburn.
PERIOD OF SIGNIFICANCE
The length of time when a property was associated with important
events, activities, or persons, or attained characteristics which
qualify it for landmark status. "Period of significance" usually begins
with a date when significant activities or events began giving the
property its historic significance; this is often a date of construction.
PRESERVATION
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
REHABILITATION
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historical,
architectural and cultural values.
RETAIN
To keep secure and intact. The act of keeping an element,
detail or structure and continuing the same level of repair to aid
in the preservation of elements, sites, and structures.
REVERSIBLE
An addition which is made without damage to the project's
original condition.
SCENIC LANDMARK
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
SECRETARY OF THE INTERIOR'S STANDARDS FOR THE TREATMENT OF HISTORIC
PROPERTIES
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The Secretary of the Interior's Standards
for the Treatment of Historic Properties may also be referred to in
this chapter as "Secretary of the Interior's Standards."
SIGNIFICANT
Having particularly important associations with the contexts
of architecture, history and culture.
SITE
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical
or archeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or campsite.
STABILIZATION
The act or process of applying measures designed to reestablish
a weather-resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
STRUCTURE
Buildings whose functional constructions are made usually
for the purposes other than creating human shelter. Examples include:
bandstands, gazebos, lighthouse, silos, and windmills.
STYLE
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
UNDERTAKING
Any project, activity or program involving the expansion,
modification, development or disposition of any historic property.
Pursuant to Article 5, § 96-a, Article 5-G, Article
5-J and Article 5-K, § 119-dd of the General Municipal Law;
Article 14 of the Parks, Recreation and Historic Preservation Law;
and § 10 of the Municipal Home Rule Law, it is hereby declared
as a matter of public policy that the protection, enhancement and
perpetuation of landmarks and historic districts are necessary to
promote the cultural, economic and general welfare of the public.
There is hereby created a board to be known as the City of Auburn
Historic Resources Review Board.
A. Membership. The Board shall consist of seven members.
B. Appointment. Members of the Board shall be appointed by the Mayor,
subject to approval of the City Council. No person appointed to the
commission can also serve as a member of the City Council establishing
the Board.
C. Terms of office. The terms for all members of the Board shall be
staggered and fixed. The Board members shall serve for a term of three
years, with the exception that of the initial term of five Board members,
three shall be for one year and two shall be for two years.
D. Vacancies. Vacancies occurring in the Board other than by expiration
of term of office shall be filled by appointment by the Mayor, subject
to the approval of City Council, but such appointment shall be only
for the unexpired portion of the term of the member replaced.
E. Reappointment. Members may serve for more than one term, and each
member shall serve until the appointment of a successor.
F. Qualifications. To the extent possible, Board members shall be required
to have the following expertise:
(1) At least one shall be a historian;
(2) At least one shall be a state-licensed real estate professional;
(3) At least one shall have demonstrated significant interest in and
commitment to the field of preservation planning as evidenced either
by involvement in a local or regional historic preservation group,
employment or volunteer activity in the field of preservation planning,
or other serious interest in the field; and
(4) All members shall have a known interest in historic preservation
planning within the City of Auburn.
(5) In the event that the Mayor, subject to the approval of City Council, determines that any of the positions described in Subsection
F(1),
(2) and
(3) cannot be filled by persons so qualified, the Mayor, subject to the approval of City Council, may fill any such position by appointing persons qualified under Subsection
F(4).
G. Compensation. Members shall serve without compensation.
H. Board training.
(1) Each member of the Board is encouraged to complete, at a minimum,
two hours of training each year designed to enable such members to
more effectively carry out their duties. Training received by a member
in excess of two hours in any one year may be carried over by the
member in succeeding years in order to meet this requirement. Such
training may include, but not be limited to, training provided by
a municipality, regional or county planning office or commission,
county planning federation, state agency, statewide municipal association,
college or private firm. Training may be provided in a variety of
formats, including, but not limited to, electronic media, video, distance
learning and traditional classroom training.
(2) No decision of a Board shall be voided or declared invalid because
of a failure to comply with Subsection I, Board training.
The Board shall delineate landmarks or historic districts and
recommend them to the City Council for designation under local law.
A. Local landmark. The Board may delineate an individual property as
a landmark if it:
(1) Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social development,
heritage or cultural characteristics of the City, the state or the
nation;
(2) Is identified with persons or events significant in the City, state
or national history;
(3) Embodies those distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4) Representing an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristics,
represents an established or familiar scenic landscape feature of
the City, state or nation; or
(5) Has yielded or may be likely to yield information important in prehistory
or history.
B. Historic district. The Historic District is hereby established as
an overlay district. The Board may delineate a group of properties
within the City as an historic district if a majority of the properties
therein:
[Amended 5-2-2019 by L.L. No. 1-2019]
(1) Contain properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2) Constitute a unique section of the City by reason of possessing those
qualities that would satisfy such criteria.
C. Scenic landmarks. The Board may delineate a landscape feature or
group of features as scenic landmarks if such scenic landmark has
special historical or aesthetic interest or value as part of the development,
heritage or cultural characteristics of the City, state or nation
and:
(1) The designation must be accompanied by such historical and architectural
information as is required by the Board to make a recommendation concerning
the application to City Council;
(2) The boundaries of landmarks and historic districts shall be specified
by and reference by existing tax map identification numbers maintained
by the Cayuga County Office of Real Property Services.
D. Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for designation under this
preservation local law adopted by the City Council. However, such
properties may qualify if they are:
(1) Integral parts of historic districts that meet the criteria for designation;
or
(2) If they are properties of exceptional importance.
The Board shall designate individual landmarks or historic districts
in the following manner:
A. Initiation of proposed designation. Designation of an individual
historic landmark or district may be proposed by the Board, by the
owner of the property, or by any resident of the City of Auburn.
B. Public hearing; general notice.
(1) Within 60 days after receipt of an application for historic landmark
and/or district delineation, the Board shall schedule a public hearing.
Public notice of any such hearing shall be given by publication in
a newspaper of general circulation within the City at least 15 days
prior to the public hearing date.
(2) The Board, property owners, and any interested parties may present
testimony or documentary evidence at the hearing which will become
part of a record regarding the historic, architectural, or cultural
importance of the proposed resource, individual, landmark or historic
district.
C. Notice of public hearing; multiple properties proposed for designation.
(1) Districts. Notice of public hearing for a proposed designation involving
multiple properties shall be sent to individual property owners within
the area of the proposed historic district at least 15 days prior
to the date of the public hearing. Such notice shall include a description
of the properties proposed for designation and state the time and
place where any public hearing to consider such designation will be
held by the Board.
(2) The district notice provisions are in addition to the general notice requirements under Subsection
B of this section.
D. Work moratorium. Once the Board has issued notice of a proposed designation,
it may recommend to the City Council that a moratorium be put in place,
prohibiting any work relating to the individual landmark or district
proposed for designation as long as the proposed designation is under
active consideration by the Board and until the Board has made its
decision on designation.
E. Board record. The Board shall compile a public record in support
of its delineation of a resource, landmark or historic district. In
addition to testimony or documentary evidence received at any public
hearings, the record may also contain reports, public comments, expert
testimony, or other evidence offered outside of the hearing, but submitted
for the Board's consideration by the date of the public hearing. As
a minimum, the record of the delineation shall contain the application,
Board and/or staff reports, any comments made on the application at
the public hearing, and the Board's recommendation to the City Council
to approve, approve with modifications, or deny the application requesting
designation.
F. City Council decision. Within 62 days after the close of the public
hearing, the City Council shall by resolution undertake a designation
in whole or in part, or shall disapprove in entirety, setting forth
in written meeting minutes the reasons for the decision. Notice of
the City Council decision shall be sent by the Board to the applicants
and owners of a designated property or, in the case of an approved
historic district, notice shall be sent to the applicants and owners
of all properties within the approved district.
G. The Board may agree with the applicant in writing to extend the time
period within which a recommendation will be made.
H. The Board shall forward notice of each property designated as an
individual landmark and/or the boundaries of each designated historic
district to the City Offices of Codes, Planning and Clerk and Cayuga
County Offices of Real Property Services and Clerk.
I. Failure to send notice. Failure to send any notice to property owners
where the address of such owner is not a matter of property tax records
shall not invalidate any proceedings in connection with the proposed
designation.
J. Amendment or rescission. The Board may amend or rescind any designation
of an individual landmark or historic district in the same manner
and procedure as followed for designation.
In accordance with the designation criteria set forth in §
178-8, the following properties are hereby designated:
A. Historic local landmarks.
(1) Willard Mansion, Case Research Lab and Carriage House (Cayuga Museum
Property), Tax Parcel ID No. 115.67-1-49.1, 203 Genesee Street.
(2) Willard Memorial Chapel and Welch Memorial Building, Tax Parcel ID
No. 116.37-1-13.2, 17 Nelson Street.
(3) Case Memorial Library (Seymour), Tax Parcel ID No. 115.60-1-34.1,
176 Genesee Street.
(4) Harriet Tubman Home for the Aged, Tax Parcel ID No. 123.38-1-2, 180
South Street.
(5) Judge Charles C. Dwight Residence, Tax Parcel ID No. 116.21-1-40,
149 North Street.
(6) Auburn Schine Theater, Tax Parcel ID No. 116.45-2-73, 16 South Street.
(7) Dr. Allen and Edith Dulles Residence, Tax Parcel ID No. 116.61-1-22,
67 South Street.
B. Local historic district(s). The following local historic districts
are indicated on the Historic District Boundary Map:
[Amended 5-2-2019 by L.L. No. 1-2019]
(1) Grover
Street Historic District.
(2) South
Street Historic District.
[Amended 11-17-2022 by L.L. No. 3-2022]
The decision of the Historic Resources Review Board shall be
immediately filed in the office of the City Clerk and be a public
record. The Historic Resources Review Board’s decision shall
constitute the exhaustion of an aggrieved applicant’s administrative
remedies.
If any section, subsection, subdivision, paragraph, clause or
phrase in this chapter, or any part thereof, is for any reason held
to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections or portions of this chapter,
or any part thereof. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase of this chapter, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases may be declared invalid or unconstitutional.