[HISTORY: Adopted by the Common Council of the City of Oneonta 12-6-2022 by Ord. No. 3-2022. Amendments noted where applicable.]
A.
This chapter shall be known as the City of Oneonta Landmarks and
Historic Preservation Ordinance.
B.
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.
A.
The City of Oneonta Common Council finds that there exist within
the City of Oneonta places, sites, structures and buildings of historic
or architectural significance, antiquity, uniqueness of exterior design
or construction, which should be conserved, protected and preserved
to maintain the architectural character of the City of Oneonta, to
contribute to the aesthetic value of the City of Oneonta and to promote
the general good, welfare, health and safety of the City of Oneonta
and its residents. The purpose of this chapter is to promote the general
welfare by providing for the identification, protection, enhancement,
perpetuation, and use of buildings, structures, signs, features, improvements,
sites, and areas within the City of Oneonta that reflect special elements
of the City of Oneonta's historical, architectural, cultural,
economic or aesthetic heritage for the following reasons:
(1)
To foster public knowledge, understanding, and appreciation in the
beauty and character of the City of Oneonta and in the accomplishments
of its past;
(2)
To ensure the harmonious, orderly, and efficient growth and development
of the City of Oneonta;
(3)
To enhance the visual character of the City by encouraging new design
and construction that complements the City of Oneonta's historic
buildings;
(4)
To protect and promote the economic benefits of historic preservation
to the City of Oneonta, its inhabitants and visitors;
(5)
To protect property values in the City of Oneonta;
(6)
To promote and encourage continued private ownership and stewardship
of historic structures;
(7)
To identify as early as possible and resolve conflicts between the
preservation of historic landmarks/districts and alternative land
uses;
(8)
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment; and
(9)
To further the preservation and community goals found in the City
of Oneonta Comprehensive Plan.
A.
To effectuate the goals of this chapter and the City of Oneonta Comprehensive
Plan there is hereby established in and for the City of Oneonta a
commission to be known as the "Oneonta Landmarks and Historic Preservation
Commission" referenced herein as the Commission.
B.
The Commission shall consist of seven members who shall be appointed
by the Mayor with the approval of the Common Council and who shall
serve for three-year terms. Persons whose permanent and primary residences
are within the City of Oneonta, New York, shall be eligible for appointment.
No person appointed to the Commission can also serve as a member of
the City of Oneonta Common Council.
C.
Vacancies occurring in the Commission other than by expiration of
term of office shall be filled by appointment by the Mayor, but such
appointment shall be only for the unexpired portion of the term of
the member replaced.
D.
Method of selection to fill vacancies. Vacancies shall be filled
by the Mayor according to the original selection as aforesaid.
E.
Members may serve for more than one term, and each member shall serve
until the appointment of a successor. No member shall serve more than
three consecutive terms.
F.
Compensation. Members shall serve without compensation.
G.
Quorum. A majority of the Commission shall constitute a quorum for
the transaction of business.
A.
To the extent possible, commission members shall be required to have
the following expertise:
(1)
At least one shall be a state-licensed real estate professional;
(2)
The Commission shall include members who represent the disciplines
of history, architecture and architectural history, planning, folklore,
cultural anthropology, archaeology, conservation, construction, landscape
architecture, museum professionals and other historic preservation-related
professions. No one discipline shall represent the majority of the
Commission.
(3)
In addition to the membership criteria listed above, the Mayor may
fill remaining vacant positions on the Commission with City residents
who have demonstrated significant interest in and commitment to the
field of historic preservation evidenced either by involvement in
a local historic preservation group, volunteer activity in the field
of historic preservation, professional experience or other proven
interest in the field.
A.
Provide written recommendations to the City of Oneonta Common Council
for local legislation that furthers the goals of historic preservation
in the City of Oneonta and the intent of this chapter;
B.
Conducting surveys of significant historic, architectural and cultural
properties within the City of Oneonta;
C.
Provide written recommendations to the City of Oneonta Common Council,
landmarks and historic districts to be adopted by local law, and from
time to time changes thereto;
D.
Promulgation of rules and forms as necessary to carry out the duties
of the Commission;
E.
Approval, approval with modification or disapproval of proposals
for exterior change resulting in applications for a certificate of
appropriateness pursuant to the City of Oneonta Municipal Code;
F.
Approval, approval with modification or disapproval of applications
for a finding of economic hardship pursuant to the City of Oneonta
Municipal Code;
G.
Making recommendations to the City of Oneonta Common Council concerning
the acquisition of preservation easements or other interests in real
property as necessary to carry out the purposes of this code;
H.
Increasing public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs;
I.
Making recommendations to the City of Oneonta Common Council concerning
the utilization of state, federal, or private funds to promote the
preservation of landmarks and historic districts within the City;
J.
Recommending acquisition of a landmark structure by the City of Oneonta
where its preservation is essential to the public welfare of the citizens
of the City of Oneonta and where private preservation is not feasible;
K.
Preparing reports or findings of fact to other City boards and committees
regarding plans, proposals or actions that could have an impact on
designated individual landmarks and/or historic districts;
L.
Preparing written recommendations or findings of fact on use or area
variance applications that come before the City of Oneonta Zoning
Board of Appeals, where such variances involve historic preservation,
architectural or historic character issues;
M.
Evaluate an application for a certificate of appropriateness for
demolition, removal or relocation; approve, approve with modifications,
or deny any such application;
N.
Perform other functions that the City of Oneonta may designate by
local law.
A.
The Commission shall elect from its membership a Chairperson and
a Vice Chairperson whose terms of office shall be fixed at one year.
The Chairperson shall preside over the Commission and shall have the
right to vote. The Vice Chairperson shall, in cases of absence or
disability of the Chairperson, perform the duties of the Chairperson.
B.
The City Clerk or his/her designee shall serve as the Clerk to the
Commission. The Clerk shall keep a record of all resolutions, proceedings,
and actions of the Oneonta Landmarks and Historic Preservation Commission.
The City Clerk shall not serve as a member of the Commission.
A.
The Commission shall adopt rules and forms for the transaction of
its business, which shall provide for the time and place of holding
regular meetings. Regular meetings shall be held at least once each
month. The Commission's rules shall provide for the calling of
special meetings by the Chairperson or by at least three members of
the Commission, or at the request of the Mayor. All regular or special
meetings of the Commission shall be open to the public, and any person
shall be entitled to appear and be heard on a matter before the Commission
before it reaches its decision.
A.
The Commission shall keep a record, which shall be open to the public
view, of its resolutions, proceedings and actions. The vote or failure
to vote of each member shall be recorded. The concurring affirmative
vote of a majority of the Commission shall constitute approval of
plans before it for review or for the adoption of any resolution,
motion or other action of the Commission. The Commission shall submit
an annual report of its activities to the Mayor and Common Council
and make such recommendations to the Common Council as it deems necessary
to carry out the purposes of this chapter.
A.
As an aid toward cooperation in matters which concern the integrity
of the designated landmarks and historic districts, all City departments
shall, upon request, furnish to the Oneonta Landmarks and Historic
Preservation Commission, within a reasonable time, the available maps,
plans, reports and statistical or other information the Commission
may require for its work.
A.
The Commission shall delineate landmarks or historic districts and
recommend them to the City of Oneonta Common Council for designation
under local law.
B.
Individual landmark. The Commission may delineate an individual property
as an individual landmark if it meets any of the following criteria:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the City of Oneonta;
(2)
Is identified with persons or events significant in local, state,
or national history;
(3)
Embodies the 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)
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
C.
Historic district. The Commission may delineate a group of properties
within the City of Oneonta as an historic district if a majority of
properties therein:
(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 of Oneonta by reason of possessing
those qualities that would satisfy such criteria.
D.
Interior landmark. The Commission may delineate the interior of a
property as an interior landmark if such interior has special historical
or aesthetic interest or value as part of the development, heritage
or cultural characteristics of the City of Oneonta, New York State
or the United States of America and:
E.
Scenic landmark. The Commission may delineate a landscape feature
or group of features if it meets the following criteria:
(1)
Be at least 50 years old;
(2)
Have special historical or aesthetic interest or value as part of
the development, heritage or cultural characteristics of the City
of Oneonta, New York State or the United States of America; and
(3)
Be a landscape feature or aggregate of landscape features.
(4)
It is customarily open or accessible to the public.
F.
Ordinarily, properties that have achieved significance within the
past 50 years shall not be considered eligible for designation. However,
such properties will qualify if they are found to meet the following
criteria:
A.
Delineation of any individual historic landmark or historic district
may be proposed by the Commission, by the owner of the property, or
by any resident of the City of Oneonta. Application shall include
any required documentation and be made on forms prescribed by the
Oneonta Landmarks and Historic Preservation Commission.
B.
After receipt of a full application or other matter referred to it,
the Commission shall schedule a public hearing on all proposed resource,
individual, landmark or historic district delineation. Public notice
of any such hearing shall be given by publication in a newspaper of
general circulation within the City of Oneonta at least 15 days prior
to the public hearing date. Notice of a proposed delineation shall
be sent to the owner or owners of the property or properties proposed
for designation, describing the property proposed, or if in a district,
the proposed district boundary, and announcing a public hearing by
the Commission to consider the delineation.
C.
Once the Commission has issued official notice of a proposed delineation,
no building permits, zoning determination or demolition permits shall
be issued by any board, commission or department of the City of Oneonta
until said proposed designation has been acted upon by the Oneonta
Landmarks and Historic Preservation Commission and City of Oneonta
Common Council, but in any event no longer than 90 days after completion
of the public hearing required by this chapter unless:
D.
The Commission, 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 individual landmark or historic district.
The record may also contain staff reports, public comments, expert
testimony, or other evidence offered outside of the hearing. At a
minimum, the record of the designation shall contain the application,
Commission and/or staff reports, any comments made on the application
at the public hearing, and the Commission's recommendation to
the City of Oneonta Common Council to approve, approve with modifications,
or deny the application requesting designation.
E.
Within 62 days after the close of the public hearing, the City of
Oneonta Common Council shall by resolution undertake a designation
in whole or in part, or shall disapprove in entirety, setting forth
in writing the reasons for the decision. Notice of the Common Council
designation shall be sent by the Commission to the applicants and
owners of a designated property by certified mail, or in the case
of an approved historic district, the Commission shall send notice
by certified mail to the applicants and owners of all properties within
the approved district, as well as to the Code Enforcement Office and
the Planning Commission.
F.
Failure to send any notice by mail to any 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.
G.
The Commission may amend or rescind any designation of an individual
landmark or historic district in the same manner and using the same
procedures as followed for designation.
A.
As set forth in this chapter, the Oneonta Landmarks and Historic
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 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 Oneonta Landmarks and Historic
Preservation Commission, or upon order of Code Enforcement Officer;
such order being related to the public safety or to remedy violations
of the New York State Uniform Code. The Commission shall review changes
visible from the public way and on the exterior features of a building
or structures as are visible from the public way. Any alterations
made in the absence of such required approvals must be reviewed retroactively
by the Oneonta Landmarks and Historic Preservation Commission, applying
the criteria for approval set forth within this chapter 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 chapter, regardless of whether
a building permit is required.
B.
The Oneonta Landmarks and Historic Preservation Commission shall
approve the issuance of a certificate of appropriateness only if it
determines that the proposed work will not have a substantial adverse
effect on the aesthetic, historical, or architectural significance
and value of the individual landmark or if the proposed work is within
a historic district, proposed work will not have a substantial adverse
effect on the aesthetic, historical, or architectural significance
of the property itself, the district or neighboring properties in
such district.
C.
In making this determination, the Commission's decision to approve,
approve with modifications or deny an application for a certificate
of appropriateness for an individual landmark, interior landmark,
scenic landmark will be guided by the Secretary of the Interior's
Standards for Rehabilitation and by the following principles:
(1)
Properties which contribute to the character of the historic district
shall be retained, with their historic features altered as little
as possible;
(2)
Any alteration of existing properties shall be compatible with the
surrounding historic district; and
(3)
New construction shall be compatible with the historic district in
which it is located;
(4)
Compliance with the standards found in the City of Oneonta Historic
Preservation Ordinance.
D.
In applying the principle of compatibility set forth above, the Commission
shall consider the following factors:
(1)
The general design and character of the proposed alteration or new
construction relative to existing features of the property;
(2)
The scale and visual compatibility of the proposed alteration or
new construction in relation to the property itself, surrounding properties,
and the neighborhood;
(3)
Texture, materials, and color, and their relation to similar features
of the property and other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, including the proportions
of the property's facade proportions and arrangement of windows,
doors, and other openings; roof shape; and rhythm of spacing of properties
along the street, including setbacks; and
(5)
The importance of historic, physical, and visual features to the
significance of the property.
(6)
Compliance with the standards found in the City of Oneonta Historic
Preservation Ordinance.
E.
In approving an application for a certificate of appropriateness,
the Commission shall find that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan or with stated modifications, would be consistent
with the spirit and intent of this chapter, would not be visually
offensive or inappropriate by reason of poor quality of exterior design,
monotonous similarity or visual discord in relation to the sites or
surroundings, would not mar the appearance of the area, would not
impair the use, enjoyment and desirability or reduce the values of
properties in the area, would not be detrimental to the character
of the neighborhood, would not prevent an appropriate development
and utilization of the site or of adjacent lands and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the community.
F.
In cases of a retroactive review of completed work, the Commission
may approve any portion of the completed project that is found to
meet the criteria for approval enumerated in this section.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for a building
permit and an application for such certificate with the Code Enforcement
Office. The application, available on the City's website through
the Code Enforcement Department, shall contain:
(1)
Building permit application number, as assigned by the Code Enforcement
Office;
(2)
Name, mailing address, email address, and telephone number of the
applicant;
(3)
Location and photographs of the property;
(4)
Elevation drawings of proposed changes, if available;
(5)
Perspective drawings, including relationship to adjacent properties,
if available;
(6)
Samples of building materials to be used, including their proposed
color;
(7)
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, all dimensions and colors, a description
of materials to be used, method of illumination, and a plan showing
the sign's location on the property; and
(8)
Any other information that the Commission may deem necessary in order
to visualize the proposed work.
B.
No building permit, zoning approval or site plan approval shall be
issued for the parcel until a certificate of appropriateness has first
been issued by the Commission. The certificate of appropriateness
required by this chapter shall be in addition to and not in lieu of
any building or other permit that may be required by any other ordinance
of the City of Oneonta. A certificate of appropriateness shall be
obtained prior to the commencement of the review process for any other
zoning approval or permit.
C.
The Commission shall report to the City of Oneonta Common Council
on a monthly basis on all activities decisions and certificates of
appropriateness issued.
A.
Upon application for a certificate of appropriateness, a public notice
of the proposal shall be posted by the owner or owner's representative
on the property for a minimum of 10 days. This notice must remain
in place until a decision to approve or deny the certificate of appropriateness
has been made. The notice shall specify the proposed work, the time
and place of the public hearing, and to whom and by when any public
comments are to be communicated. The notice must be placed at or near
the property line in the front yard so that it will be plainly visible
from the street, and, in cases where a property has frontage on more
than one street, an additional sign must be placed at or near the
property line on any additional street frontage so that the sign will
be plainly visible from the street on which it has such additional
frontage.
B.
The Commission shall hold a public hearing prior to rendering a decision
on any application for a certificate of appropriateness. Notice of
the public hearing shall be published in a newspaper of general circulation
in the City of Oneonta at least five business days prior to the public
hearing date. The notice shall specify the time and place of the public
hearing, a brief description of the proposal, and the location where
the proposal may be reviewed prior to the hearing. The property owner
and any interested party may present testimony or documentary evidence
regarding the proposal at the hearing, which will become a part of
the record. The record may also contain staff reports, public comments,
and other evidence offered outside of the hearing, but presented by
the hearing date.
C.
Within 62 days after the close of the public hearing, the commission
shall approve, approve with conditions or modifications, request additional
information, or deny the certificate of appropriateness.
D.
In the event, however, that the Commission shall make a finding of
fact that the circumstances of a particular application require further
time for additional study and information than can be obtained within
the aforesaid sixty-two-day period after close of the public hearing,
then upon mutual agreement by the applicant and the Commission an
additional sixty-two-day review period may be granted.
E.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by certified mail, and a copy filed with
the Code Enforcement Office and City of Oneonta Clerk for public inspection,
within 10 days of the date of the decision. The Commission's
decision shall state the reasons for approving, denying or requesting
modification of any application.
F.
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
Oneonta Landmarks and Historic 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.
G.
Inspection of work. After the certificate of approval has been issued
and the building permit granted to the applicant, the Code Enforcement
Office shall inspect the construction, alteration or repair approved
by such certificate and shall take such action as is necessary to
enforce compliance with the approved plans.
H.
An applicant whose certificate of appropriateness has been denied
may apply for relief on the ground of economic hardship.
A.
Demolition of an individual landmark or of a structure located in
and contributing to the significance of a historic district shall
be allowed only in case of economic hardship, unless the Code Enforcement
Office, upon due deliberation has made an express written finding
that the structure presents an imminent threat to the public health,
safety and welfare. Emergency demolitions shall follow the procedures
found in the City of Oneonta Municipal Code related to Unsafe Buildings.[1]
B.
Any person desiring to demolish, remove or relocate a designated
historic landmark shall first file an application for a demolition
permit and an application for a certificate of appropriateness with
the Code Enforcement Office. An applicant must submit the following
items:
(1)
Current level of economic return;
(2)
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between the owner of record, the applicant, and person
from whom property was purchased;
(3)
Annual gross and net income from the property for the previous three
years; itemized operating and maintenance expenses for the previous
three years, and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
(4)
Remaining balance on the mortgage or other financing secured by the
property and annual debt-service, if any, during the prior three years;
(5)
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)
All appraisals obtained within the last two years by the owner or
applicant in connection with the purchase, financing, or ownership
of the property;
(7)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)
Any state or federal income tax returns relating to the property
for the last two years;
(9)
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding:
(10)
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(11)
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(12)
Cost estimates for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(14)
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(15)
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
C.
Demolition of any such landmark may be approved only in connection
with approval of a replacement project. A replacement project must
be in compliance with the City of Oneonta Municipal Code and may not
be construction of parking lots or areas.
D.
The Commission shall hold a public hearing on any application for
a demolition permit, at which an opportunity will be provided for
an applicant to present an application for demolition. The procedures
for a certificate of appropriateness shall be followed with respect
to the hearing procedures, determinations and notifications. The Commission
shall take one of the following actions:
E.
An applicant whose certificate of appropriateness for a proposed
demolition, removal or relocation of a landmark, resource or property
has been denied may apply for relief on the ground of economic hardship.
A.
An applicant whose certificate of appropriateness for a proposed
alteration of a landmark property has been denied may apply for relief
on the ground of economic hardship.
B.
The Commission shall hold a public hearing on the economic hardship
application, at which an opportunity will be provided for an applicant
to present an application to show economic hardship. The procedures
for a certificate of appropriateness shall be followed with respect
to the hearing procedures, determinations and notifications.
C.
In all cases other than a proposed demolition, removal or relocation,
the applicant shall prove the existence of economic hardship by demonstrating
to the Commission that all of the following conditions exist:
(1)
The applicant cannot realize a reasonable return if compliance with
the Commission's decision is required, regardless of whether
that return represents the most profitable return possible. The lack
of reasonable return shall be proven by the applicant to be substantial
as demonstrated by competent financial evidence;
(2)
That the alleged hardship relating to the property in question is
unique, and does not apply to a substantial portion of the district
or neighborhood;
(3)
That the requested relief, if granted, will not alter the essential
character of the neighborhood; and
(4)
That the alleged hardship has not been self-created.
D.
The applicant shall consult in good faith with the Commission, local
preservation groups and interested parties in a diligent effort to
seek an alternative that will result in preservation of the property.
E.
The Commission shall approve or deny the appeal. In granting of an
appeal, the Commission shall grant the minimum terms deemed necessary
and adequate to address the unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
F.
No building permit or other land use approvals shall be issued unless
the Commission grants relief based on proven economic hardship. If
the economic hardship application is granted, the Commission shall
approve only such work as is necessary to alleviate the hardship.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
historic landmark or property within a historic district that does
not involve a change in design, building materials, or permanent outward
appearance.
B.
No owner or person with an interest in real property designated as
an individual landmark or included within an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the provisions of the Property
Maintenance Code of New York State and all other applicable regulations.
Work shall be done in a workmanlike manner consistent with the original
construction.
C.
All maintenance and repair shall follow "The Secretary of the Interior's
Standards for Rehabilitation" in regard to the routine repair and
maintenance of any landmark property or resource.
D.
Maintenance and repair shall be limited to in kind repair and replacement
with material that matches the historic material in type, design,
dimension, texture, detailing, and exterior appearance.
E.
Changes in exterior paint colors shall be considered maintenance
and shall not require a certificate of appropriateness.
A.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably implied therefrom. It shall be the
duty of the Code Enforcement Officer to periodically inspect any such
work to assure compliance with the certificate and all applicable
law. In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the Oneonta
Landmarks and Historic Preservation Commission, the Code Enforcement
Officer shall issue a stop-work order and all work shall immediately
cease. No further work shall be undertaken on the project as long
as a stop-work order is in effect.
B.
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness, a finding of economic hardship,
or other approval by the Commission, shall be in violation of this
chapter and required to restore the property and its site to its appearance
prior to the violation.
C.
If, in the judgment of the Commission, a violation of this chapter
exists that will result in a detrimental effect upon the life and
character of a designated historic resource, landmark, property or
on the character of a historic district as a whole, the Commission
shall notify the Code Enforcement Officer. If, upon investigation,
the Code Enforcement Officer finds any noncompliance with the requirements
of the Property Maintenance Code of the New York State Fire Prevention
and Building Code, or any other applicable law or regulation, the
Code Enforcement Officer shall order such remedies as are necessary
and consistent with this chapter and shall provide written notice
thereof to the Oneonta Landmarks and Historic Preservation Commission.
D.
Any violation of any provision of this chapter shall constitute an
offense. A person convicted of an offense shall be punished by a fine
not to exceed $1,000 or by imprisonment for a period not to exceed
one year, or both. Each day's continued breach shall constitute
a separate additional violation. In addition, the City shall have
such other remedies as are provided by law to enforce the provision
of this chapter.
A.
Any person aggrieved by a decision of the commission relating to
a certificate of economic hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written appeal to the
City of Oneonta Common Council for review of the decision. Appellate
review shall be based on the same record that was before the commission
and using the same criteria in this chapter.
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As used in this chapter, the following words and phrases have
the following meaning:
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
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.
Any act or process, other than demolition or preventative
maintenance, that changes the exterior appearance of significant historical
or architectural features, or the historic context of a designated
landmark, including, but not limited to, exterior changes, additions,
new construction, erection, reconstruction, or removal of the building
or structure, or grading.
Especially suitable or compatible.
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.
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.
An official form issued by the City of Oneonta Commission
stating that the proposed work on a designated historic landmark is
compatible with the historic character of the property and thus in
accordance with the provisions of this chapter and therefore:
An official form issued by the Commission 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.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
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.
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
of Oneonta Common Council to enforce this chapter, except where another
official is expressly authorized.
The Historic Preservation Commission established pursuant
to this chapter.
In harmony with location, context, setting, and historic
character.
The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
Any act or process that removes or destroys in whole or in
part a building, structure, or resource.
A permit issued by the building official allowing the applicant
to demolish a building or structure, after having received a certificate
of demolition approval from the Commission.
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 this
chapter.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, 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
resource.
An often hand-painted advertising sign located on a building's
exterior. Often these signs are connected to past uses or businesses.
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
An area designated as a historic district by this historic
preservation local law, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development. An historic district designated under
this chapter shall not to be construed as a zoning district of the
City of Oneonta and nothing contained herein shall be construed as
authorizing the commission to adopt a law, by law or regulation that
regulates or limit the height and bulk of buildings, regulates and
determine 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.
Original or old building materials (masonry, wood, metals,
marble) or construction.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
A building, district, site, structure or object significant
in American history, architecture, engineering, archeology or culture
at the national, state, or local level.
The Historic Preservation Commission appointed by the City
of Oneonta Common Council for the City of Oneonta.
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
Any evaluated building, structure, object, or site that potentially
meets the designation criteria outlined in this chapter.
The process of systematically identifying, researching, photographing,
and documenting historic resources within a defined geographic area,
and
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.
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
City of Oneonta.
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.
Interior landmarks are noted for the portions of their interior
that are open to the public.
A list of historic properties determined to meet specified
criteria of significance.
Any building, structure or site that has been designated as a "landmark" by the pursuant to procedures described in § 160-11 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
A permit approving an alteration to or demolition of a landmark,
or demolition of a historic resource listed in the heritage resource
inventory pursuant to the provisions of this chapter.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
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.
Any relocation of a building or structure on its site or
to another site.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
The official inventory of the nation's historic properties,
districts, sites, districts, structures, objects and landmarks which
are significant in American history, architecture, archaeology, 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 USC. 470 et seq., 36 CFR Sections 60, 63, as may be
amended).
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.
Constructions 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.
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of Otsego County Real Property and within the City of Oneonta Code
Enforcement Office.
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.
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.
Any work to prevent deterioration or damage to the structural
integrity or any exterior feature of a landmark or historic resource
that does not involve a change in design, material or exterior appearance.
Such work includes, but is not limited to, painting, roof repair,
foundation or chimney work, or landscape maintenance.
A grouping of individual properties based on a set of shared
physical or associative characteristics.
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.
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay, and may incorporate replacement-in-kind or refurbishment
of materials on a building or structure.
The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
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.
An addition which is made without damage to the project's
original condition.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
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 Standards for
the Treatment of Historic Properties may also be referred to in this
chapter as "Secretary of the Interior's Standards."
Having particularly important associations with the contexts
of architecture, history and culture.
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 archaeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or camp site.
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.
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also, a general
quality of distinctive character.
Any project or other action involving the expansion, modification,
development or disposition of the physical plant or any site or building.
