[HISTORY: Adopted by the Common Council of
the City of Peekskill 6-24-2002 by L.L. No. 2-2002 (Ch. 186A of the 1984
Code).[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 202.
Business improvement districts — See Ch. 217.
Commercial property maintenance — See Ch. 230.
Parks — See Ch. 416.
Property and building nuisance reform — See Ch. 428.
Property defacement — See Ch. 432.
Riverfront green — See Ch. 449.
Signs — See Ch. 468.
Subdivision of land — See Ch. 510.
Zoning — See Ch. 575.
[1]
Editor's Note: This local law also repealed
former Ch. 186A, Parks, Conservation, Historical Districts and Landmarks
Preservation Review Commission, adopted 5-8-2000 by L.L. No. 1-2000.
A.
The Common Council of the City of Peekskill 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 Peekskill:
(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 Peekskill.
(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 landmark buildings,
historic districts, structures, sites and objects as a means of providing
enjoyment and unique educational benefit by perpetuating the physical
evidence of Peekskill's 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 Peekskill its unique character and set it apart
from other communities.
(7)
To foster economic growth and development within the
City through the preservation of landmark buildings, historic districts,
structures, sites and objects.
B.
The Common Council of the City of Peekskill 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
affect 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 Peekskill Historic and Landmarks Preservation Board.
A structure, inclusive of residential, commercial, institutional,
municipal, etc., 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.
A certificate issued by the Historic and Landmarks Presentation Board pursuant to § 322-8 herein.
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 contributes to the neglect of and/or
destroys, in part or in whole, a structure, building, site or object
within an historic district or designated as a landmark.
The architectural style, design, general arrangement and
components of all 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, size and style of all windows,
doors, lights, signs and other fixtures appurtenant to said building
or structure, and trees, landscaping, artwork, sidewalks, steps, driveways,
paving and fences to the extent they are an integral part of the architectural,
environmental or historical nature of the building, structure, site
or object.
A geographical area of the City designated pursuant to the criteria set forth in this article. (See § 322-5 for explanation of characteristics.)
The architectural style, design, general arrangement and
components of, or on all of, the interior surfaces of an interior
landmark, 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 as an 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. (See § 322-5 for explanation of characteristics.)
Any change that will affect either the exterior historical,
architectural or environmental features of a landmark or building,
structure, site or object in an historic district or any change that
will affect the interior architectural or historic features of an
interior landmark.
Any building, structure, site or real property that is owned
by the City of Peekskill.
[Added 8-15-2011 by L.L. No. 9-2011]
Buildings that are operated predominately through public
funding and are open to the public.
The intended or active use of any building, structure or
site by the City or any of its municipal departments in furtherance
of providing fire-protection or police-protection services to the
public.
[Added 8-15-2011 by L.L. No. 9-2011]
Any relocation of a building, structure or object on its
site or to another site.
Any mechanical or physical alteration to a building, structure
or object that does not involve a change in design, material, texture,
color, or outward appearance.
An assemblage of tax lots, designated on the Official Assessment
Map of the City of Peekskill, owned by one property owner. If any
part of this assemblage is designated a landmark or is in an historic
district, then the entire assemblage is subject to the regulations
governing the landmark or historic district.
Any assembly of materials forming a construction framed of
component structural parts for occupancy or use, including buildings.
A.
There is hereby created an Historic and Landmarks
Preservation Board for the City of Peekskill. The Common Council shall
solicit resumes of candidates to fill open vacated and expiring Board
positions. This solicitation shall include advertising in the official
newspapers of the City at least 30 days prior to an appointment. All
candidates shall submit resumes in order to be considered for an appointment.
Vacated and expired positions shall be filled expeditiously.
B.
Board membership; support staff; alternate members.
[Amended 11-28-2022 by L.L. No. 10-2022]
(1)
The Board shall consist of seven members appointed
by a majority vote of the Common Council. All Board members must be
residents of the City of Peekskill and should have a demonstrated
interest, competence or knowledge of historic preservation. The Board
shall consist of the following, to the extent available in the community:
(a)
At least one Board member shall have demonstrated
significant interest in and commitment to the field of historic preservation
evidenced either by involvement in an established local historic preservation
group or employment or volunteer activity in the field of historic
preservation.
(b)
At least one shall be a planner, architect or
engineer with experience working with historic buildings.
(c)
At least one shall be a licensed real estate
professional.
(d)
At least one shall be an owner/occupant in an
historic district (if such a district has been designated at the time
of the appointment).
(2)
The Director of Planning, Development and Code Enforcement
or the Director's designee shall be an ex officio nonvoting member
of the Board, and the staff of the Department of Planning, Development
and Code Enforcement shall serve as staff to 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.
(3)
The Common Council shall have the power and is hereby authorized
to appoint up to two additional members to the Historic and Landmarks
Preservation Board. Such additional members shall be known as "alternate
members." Alternate members shall serve terms of one year from the
date of their appointment. In the event any member of such body for
any reason is unable to participate on any item of business or matter
coming before the Historic and Landmarks Preservation Board and/or
is unable to attend a meeting or part thereof, the chairperson or
other presiding officer of such body may designate an alternate to
substitute for such member. When so designated, an alternate member
shall possess and shall have the authority to exercise all the powers,
authorities and responsibilities of a member of the Historic and Landmarks
Preservation Board. Any alternate member present and participating
shall be counted as a member in attendance for the purpose of satisfying
quorum requirements.
C.
Board members will be strongly encouraged to avail
themselves of training in historic preservation standards and in the
duties of the Board.
D.
Each member shall serve a term of three consecutive
years, except for the first appointments to the Board, of whom two
members shall serve three years, two members shall serve two years,
and three members shall serve one year. Members shall serve on the
Board without compensation. All members shall continue to hold office
until their successors have been appointed and qualified. All resignations
from the Board shall be submitted in writing to the Chairperson of
the Board and forwarded to the Common Council. Persons shall be appointed
by the Common Council to fill unexpired terms.
E.
The Chairperson and Vice Chairperson of the Board,
once constituted, shall be elected by a majority of the Board members.
The Vice Chairperson 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. Every rule, regulation, guideline, amendment
or repeal thereof and every order, requirement, decision or determination
of the Board shall be filed with the Department of Planning, Development
and Code Enforcement and the City Clerk and shall be a public record.
H.
Meetings of the Board shall be held once a month,
or as needed, but at least four times per year, on a date agreed upon
by all Board members and avoiding conflict with the meeting dates
of other established City boards. Four 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 votes of four or more
members shall be required to recommend 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 § 322-80
of this chapter.
I.
Board members shall be required to exempt themselves from voting on any project in which their own, a member of their immediate family's, or a relative's financial interests, as defined by § 48-2 of the Code of the City of Peekskill, are directly involved. Board members shall complete the annual disclosure statement required under the Peekskill Ethics Law.[1]
The Peekskill Historic and Landmarks Preservation
Board shall perform the duties as described herein:
A.
Prepare reports for and recommendations to the Common
Council on nomination or rescission of areas, buildings, structures,
sites or objects as landmarks or historic districts.
B.
Issue or deny certificates of appropriateness for
buildings, structures, sites or objects in historic districts or designated
as landmarks, except the Board shall have no authority to issue or
deny certificates of appropriateness for municipal property devoted
to a public safety use, but, upon referral by the Common Council,
may conduct an advisory review and prepare a report for and recommendations
to the Common Council.
[Amended 8-15-2011 by L.L. No. 9-2011]
C.
Maintain and periodically revise public listings of
historic sites, buildings, structures, objects or districts and data
about them in a manner and form that are consistent with that established
by the New York State Office of Parks, Recreation and Historic Preservation.
D.
Formulate design guidelines and recommendations for
the designation of landmarks and historic districts to be approved
and adopted by the Common Council. These guidelines shall conform
to the standards set forth in the Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
prepared by the United States Department of the Interior, National
Park Service.
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 Common Council, the
Planning Commission, 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
as well as landmarks, including, but not limited to, parking facilities
and signs.
H.
Encourage and promote education about historic landmarks
and districts within the City of Peekskill.
I.
Cooperate with and enlist assistance from the National
Park Service, the National Trust for Historic Preservation and other
state, national or local public or private agencies or groups concerned
with historic buildings, structures, sites, objects or districts.
J.
Advise the owners of historic buildings, structures,
sites or objects on issues of preservation relating to their properties.
K.
Advise the Common Council of gifts and grants available
to the City that would contribute to the preservation of historic
artifacts and landmarks and to further historic preservation planning
and documentation.
L.
File an annual report regarding its activities with
the Common Council.
M.
Work in cooperation with City staff and other state,
county and local historic preservation agencies toward the goal of
promoting and preserving the City's rich cultural heritage.
N.
Adopt rules and regulations as necessary for the conduct
of its business.
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.
The Board may recommend to the Common Council for
designation an individual structure, building, object or site as a
landmark if it possesses one or more of the following characteristics:
(1)
Is associated with persons or events of historic significance
to the City, region, state or nation.
(2)
Is illustrative of historic growth and development
of the City, region, state or nation.
(3)
Embodies distinctive characteristics of an architectural
type, period or method of construction.
(4)
Is the work of a designer whose work has significantly
influenced an age.
(5)
Contains unique architectural, archaeological or artistic
qualities.
(6)
Has been duly included on the National Register.
C.
The Board may recommend to the Common Council designation
of an area of the City as an historic district if it:
(1)
Possesses the following characteristics:
(a)
Has special character and special historic value
by virtue of its inclusion of properties that meet one or more of
the criteria for designation as a landmark; and
(b)
Represents one or more periods or styles of
art or architecture typical of one or more past eras; and
(c)
Geographically combines such factors in a distinct
and identifiable portion of the City so as to constitute a discernable
entity; or
(2)
Has been duly included on the National Register of
Historic Places maintained by the United States Secretary of the Interior;
or
(3)
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.
D.
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 filed with the Board
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
chapter.
(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 chapter.
(d)
The name and address of the property owner(s),
including section, block and lot number(s) as designated on the Official
Map of the City of Peekskill.
(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 and 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 chapter.
(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)
Exterior photographs of buildings in the proposed
district.
(f)
The name and address, including section, block
and lot number(s), of every property owner within the proposed district.
(g)
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.
E.
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 chapter are satisfied.
F.
The Board shall 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 Common Council if the report recommends designation of a proposed
landmark or historic district.
G.
If the Board recommends designation of a proposed
landmark or historic district, then the Common Council shall review
the recommendation of the Board. The Common Council's review shall
be based on the record that was before the Historic and Landmarks
Preservation Board and the designation criteria contained in this
chapter.
H.
In connection with its review of a proposed designation
of a landmark or historic district, the Board may obtain professional
expertise before submitting its recommendations to the Common Council.
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.
I.
After receiving a report that proposes a designation
from the Board, the Common Council shall refer the report and proposal
to the Planning Commission for its recommendations and advice as to
the proposed district's compatibility with the City's Comprehensive
Plan, Local Waterfront Revitalization Program, urban renewal plans
and/or other relevant reports and documents.
J.
Should the Common Council find the Board's recommended
designation warrants further consideration, the Common Council will
hold a public hearing on the proposed designation.
(1)
With reference to the public hearing regarding a proposed
landmark, in addition to publication of notice of the public hearing,
the publication shall contain the name of the owner of record, contact
person or agent, and the address of any building, including section,
block and lot number(s), structure, site or object proposed to be
a landmark. Notice of the time and place of the hearing, along with
the description of the building, structure, site or object to be considered
a landmark, shall be sent by registered mail, return receipt requested,
to the owner of record.
(2)
With reference to the public hearing regarding a proposed
historic district, in addition to publication of notice of the public
hearing, the publication shall contain a map clearly delineating the
boundaries to the proposed district and shall contain a listing of
all the tax section, block and lot number(s) within the proposed district
as of the date of publication of 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, including section, block and lot number(s),
within the proposed district shall be on file and available for public
inspection in the City Clerk's office and the Peekskill Department
of Planning, Development and Code Enforcement.
K.
The Common Council, after holding a duly noticed public
hearing, may:
(1)
Accept the recommendation of the Board and designate
one or more landmarks or historic districts.
(2)
Remand the report to the Board for additional work
or information with written findings of the Common 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 Common Council, after a public hearing, 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 the procedures and
notices required in this article for designation of a landmark or
historic district.
No application for approval of a zone change, variance, special permit, subdivision, site plan, building permit, demolition permit or sign permit shall be granted by the City for any property proposed as a landmark or in an historic district from the date of the filing of the proposal with the Board until the Board recommends to deny the proposed designation or the final disposition of the Common Council, unless such application is for alteration, removal or demolition necessary to protect the public health, welfare or safety that is jeopardized by the imminent danger of collapse of a building, structure or any part thereof, or unless the applicant is granted a certificate of appropriateness for such application. In no event shall any complete application, as defined in § 322-5 of this article, be delayed more than 180 days.
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 which causes any material change in
appearance of any exterior 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
or on the site of a designated landmark.
(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. A certificate
of appropriateness must be granted before the issuance of the building
permit by the Building Department.
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, schedule for completion, etc., as the Board may require (see § 322-5 of this article). Following certification of a complete application, the Board shall review said application within 90 days of certification of complete application.
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 certified complete,
or within such additional time period as the Board and the applicant
may agree, the Board shall hold a meeting open to the public and shall
vote on 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, at a minimum, the United
States Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings and the City's adopted
design guidelines, 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), sign(s), landscaping,
extraneous buildings and/or artwork involved.
(2)
Regarding historic districts, the Board decision shall
be based upon the following principles:
(a)
Properties which contribute to the character
of the historic district shall be retained and the Board shall apply,
at a minimum, the United States Secretary of the Interior's Standards
for Rehabilitating Historic Buildings and the City's adopted design
guidelines, 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 district.
(b)
Any alteration of existing property shall be
compatible with its historic character, as well as with the character
of the district in which it is located.
(c)
New construction shall be compatible with the
district in which it is located.
(3)
In terms of the principle of compatibility, the Board
shall consider such things as height, rhythm of spacing, roof shape
and the relationship of materials as follows:
(a)
Height. The height of the proposed buildings
and structures shall be visually compatible with adjacent buildings.
(b)
Proportion of front facade. The relationship
of the width to the height of the front elevation or any elevation
on a public way shall be visually compatible with buildings, public
ways, and places to which it is visually related.
(c)
Rhythm of solids to voids in front facades.
The relationship of solids to voids in the front facade or any facade
on a public way of a building shall be visually compatible with buildings
and places to which it is visually related.
(d)
Rhythm of spacing and buildings on streets.
The relationship of a building or structure to the open space between
it and adjoining buildings or structures shall be visually compatible
with the buildings and structures to which it is visually related.
(e)
Rhythm of entrances and other projections. The
relationship of entrances and other projections to sidewalks shall
be visually compatible with the predominant materials used in the
buildings and structures to which they are visually related.
(f)
Roof shapes. The roof shape of a building shall
be visually compatible with the buildings to which it is visually
related.
(g)
Walls of continuity. Building facades and appurtenances,
such as walls, fences, and landscape masses, shall be visually compatible
with the buildings and places to which such elements are visually
related.
(h)
Scale of building. The size and mass of building
and structures in relation to open spaces, windows, door openings,
porches, and balconies shall be visually compatible with the buildings
and places to which they are visually related.
(i)
Directional expression of front elevation. A
building shall be visually compatible with the buildings and places
to which it is visually related in its directional character whether
this be vertical character, horizontal character or nondirectional
character.
F.
If the Board approves the application, the Board shall
issue a certificate of appropriateness describing any reasonable conditions
the Board deems 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 representation 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.
G.
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 Building Inspector. 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.
H.
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.
If the certificate of appropriateness is denied, the Building Inspector
shall refuse to grant a building or other permit.
I.
Notwithstanding the other provisions of this 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 certified complete, or
within such additional time period as the Board and the applicant
may agree, such application shall be deemed approved.
J.
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 relations thereto, to waive any code, ordinance, regulation or
law of the City of Peekskill. 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.
K.
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.
L.
The Department of Public Works shall issue a certificate
of occupancy when the work or activity authorized in the certificate
of appropriateness has been completed according to the terms and requirements
contained therein. The Board shall be given sufficient advance notice
of the completion of the work or the Department's intent to accept
the work performed in compliance with the certification of appropriateness.
[Amended 5-14-2007 by L.L. No. 3-2007; 6-24-2019 by L.L. No. 3-2019]
M.
The fee for a certificate of appropriateness application shall be as provided in Chapter 275, Fees. All fee payments shall be made to the Comptroller.
[Amended 5-14-2007 by L.L. No. 3-2007]
N.
The Board may adopt a list of types of activities
of lesser impact for which the Director of Planning, Development and
Code Enforcement or designee may grant certificates of appropriateness,
and may establish procedures for this purpose. The Director or designee
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 (or designee's) determination to deny a
certificate under this section to the Board.
O.
Exception.
The issuance of a certificate of appropriateness shall not be required
for any municipal property devoted to a public safety use.
[Added 8-15-2011 by L.L. No. 9-2011]
[Amended 6-24-2019 by L.L. No. 3-2019]
Regarding actions to be taken pursuant to § C69 of the Charter of the City of Peekskill, the Director of Public Works shall inform the Board of the nature of activities to be undertaken in historic districts or to any landmark.
A.
An applicant whose certificate of appropriateness
has been denied 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 an economic
hardship. The applicant, in this instance, should, as part of the
application to the Board, provide the support data outlined below.
B.
In order to prove the existence of hardship, an applicant
shall establish, with objectively verifiable data, that in the case
of income-producing properties they are unable to make any economically
viable use of the property, or in the case of residential property,
the property is incapable of beneficial occupancy.
C.
In order to prove the existence of hardship, with
respect to a proposed demolition, an applicant 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, regardless of whether that return represents
the most profitable return possible.
(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
request for a certificate of appropriateness was made 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 or 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
appraiser 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 finding by the Board that, without the granting
of the relief requested, all reasonable use of or return, whether
that return represents the most profitable return possible, 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. 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 grant appropriate relief from the requirements
of this article.
J.
If the Board denies the application for relief based upon economic hardship, the applicant, within 30 days from the date when the decision was rendered, may appeal to the Zoning Board of Appeals for a review of the decision to determine if the Board made the decision in compliance with the procedural aspects of this chapter that is, whether proper evaluation and procedures were followed in the Board's rendering its decision. The applicant must establish an escrow account and make an initial deposit, as specified in § 275-20, for the cost of consultant services required to review and process applications. Notice of such appeal shall be in writing and shall include a certified copy of the decision appealed from. The Zoning Board of Appeals, upon receipt of such appeal, shall schedule a hearing within 60 days. Such hearing shall be upon written notice to the appellant and the Historic and Landmarks Preservation Board. Upon such hearing and review of the record that was before the Peekskill Historic and Landmarks Preservation Board, the Zoning Board of Appeals shall have the power to affirm or reverse the decision appealed from based on a judgment of whether the applicant was afforded due process and whether the Peekskill Historic and Landmarks Preservation Board's decision was appropriate within the context of this chapter. If the application for hardship is granted, the Zoning Board of Appeals will direct the Historic and Landmarks Preservation Board to approve such work as is necessary to alleviate the hardship.
K.
All decisions by the Board with respect to 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 Department
of Planning, Development and Code Enforcement and the Building Department
for public inspection. The Board's decision shall state the reasons
for granting or denying the hardship application.
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any exterior or interior architectural
feature of a landmark or property within an historic district that
does not involve a change in design, texture, material, color or outward
appearance. No other person with an interest in real property designated
as a landmark or included in an historic district shall permit the
property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the Board, produce a detrimental effect upon the
character of the historic district as a whole or the life and character
of the property itself. Examples of such include:
(1)
Deterioration of exterior walls or other vertical
supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs
or foundations, including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous
condition which could lead to the claim that demolition is necessary
for the public safety and welfare.
B.
In any case where the Director of Public Works shall
order or direct the construction, removal, alteration or demolition
of a landmark or building, structure, site or object in an historic
district for the purpose of remedying conditions determined to be
dangerous to public health, welfare or safety, 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 Public Works shall give the Board
as early notice as is practicable of any such proposed order or direction
and notification of buildings or structures or any part thereof that
are in imminent danger of collapse.
[Amended 6-24-2019 by L.L. No. 3-2019]
A.
It shall be unlawful for any person, public or private entity, firm or corporation to construct, alter, repair, remove, demolish, equip, change the appearance of or maintain any building, structure, site or object or a 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 Building Inspector 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.
B.
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 Building Inspector to inspect periodically any such work to ensure 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 Building Inspector 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 Building Inspector within the time fixed for compliance therewith shall be liable pursuant to the applicable penalties in the Code of the City of Peekskill, as well as set forth in § 322-13 herein.
C.
A violation of this chapter shall constitute an offense.
D.
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.
Any person, public or private entity, firm or
corporation convicted of any of the provisions of this chapter shall
be liable for a fine of not less than $250 nor more than $1,000, for
each day the violation continues.
