City of Rye, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of Rye 10-5-1977 by L.L. No. 6-1977 as Art. 5 of Ch. 7 of the General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Architectural review — See Ch. 53.
Zoning — See Ch. 197.
It is desirable to take measures to provide for the creation of Preservation Districts and Protected Sites and Structures in furtherance of the following public purposes, which are found to promote the economic benefits, the cultural and educational advantages and general welfare of the residents of the City of Rye:
A. 
To provide for the protection, enhancement, perpetuation and use of those districts, sites and structures which are illustrative of the growth and development of the City of Rye and which are of particular historic or aesthetic value to the City.
B. 
To recognize and ensure the preservation of those elements of the City's past which represent many and varied architectural, artistic and cultural achievements which cannot be duplicated or otherwise replaced.
C. 
To promote the use of Preservation Districts and Protected Sites and Structures as a means of providing enjoyment and unique educational benefit by perpetuating the physical evidence of Rye's past.
D. 
To stabilize and improve property values of such districts, sites and structures and otherwise promote their reuse.
E. 
To protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided.
F. 
To foster civic pride in those elements of the City's past which give Rye its unique character and set it apart from other cities.
G. 
To provide an educative role in the community with regard to historic structures and landmarks preservation.
[Added 7-15-1981 by L.L. No. 3-1981]
As used in this chapter, the following terms shall have the meanings indicated:
CERTIFICATE OF APPROPRIATENESS
A certificate issued by the Board of Architectural Review authorizing a material change of appearance of a Protected Site or Structure or within a district, subject to other applicable permit requirements.
DISTRICT
See "Preservation District."
EXTERIOR BUILDING COMPONENT
Any exterior structural, ornamental or functional element of a structure which shall be open to public view, including but not limited to type, color and texture of building materials; entryways; fenestration; lighting fixtures; roofing; sculpture and carving; steps; rails; fencing; vents and other openings; grillwork; signs; canopies; and other attachments.
INTERIOR BUILDING COMPONENT
Any structural, ornamental or functional element of a structure located within the interior of a public building or other building accessible to the general public, including but not limited to entryways; lobby area; hallways and corridors; auditoriums and places of public assembly; galleries and exhibition areas; and interior courtyards. The structural, ornamental or functional elements referred to herein shall include but not be limited to: type, color and texture of building materials; lighting fixtures; flooring; ceilings; ornamental woodwork; moldings and trim; casings; stairs; rails; masonry; paintings and works of art; sculpture and carving; doors; transoms and sidelights; fenestration; skylights; and other interior elements.
MATERIAL CHANGE OF APPEARANCE
Includes but is not limited to:
A. 
Any treatment to a structure which results in a change in materials, texture, colors, bulk, mass or any treatment by the addition, substitution or deletion of materials or fixtures, including such treatment which results in the covering of existing surfaces; or the severance or improvement of the land in a designated district or which is designated as a Protected Site.
B. 
Complete or partial demolition.
C. 
Commencement of excavation.
D. 
Deposit of refuse, waste or fill on land not already used for the purpose.
E. 
Change in design or location of advertising on the exterior of any structure.
ORDINARY MAINTENANCE OR REPAIR
Routine repair, replacement or maintenance of electrical or mechanical installations or of damaged or worn parts or surfaces, including repainting using the same color, landscaping and treatment of flat roof areas not visible to the general public.
PRESERVATION DISTRICT
An area of the City of Rye delineated on the Zoning Map of such City which meets some or all of the criteria enumerated in § 117-5 and which, by reason of such factors, constitutes a distinct section of the City, and is designated as a Preservation District pursuant to amendment of the Zoning Ordinance.
[1]
PRESERVATION RESTRICTION
An easement or other interest less than a fee interest, in favor of the City of Rye, in a Protected Site or Structure or a structure in a district.
PROTECTED SITE OR STRUCTURE
A parcel of land or a building or structure not located in a Preservation District, which nevertheless meets one or more of the criteria enumerated in § 117-5 and is designated as a Protected Site or Structure pursuant to § 117-5E.
[1]
Editor's Note: See Ch. 197, Zoning.
[Amended 7-15-1981 by L.L. No. 3-1981; 11-4-1981 by L.L. No. 8-1981; 1-18-1984 by L.L. No. 1-1984]
A. 
Jurisdiction and purpose. To effectuate the goals of this chapter, there is hereby established in and for the City of Rye the Landmarks Advisory Committee, hereinafter called the "Committee."
B. 
Composition and selection.
(1) 
The members of the Committee shall be appointed by and serve at the pleasure of the Mayor and City Council. The Committee shall consist of eight members, of whom at least five shall be City residents, and appointments shall include at least one architect or architectural historian, one member of the Rye Historical Society and one member of the local Real Estate Board.
(2) 
The successors of those members serving on December 31, 1983, shall be appointed for one- , two- or three-year terms, and thereafter, their successors shall be appointed for three-year terms so that the expiration dates of terms of membership are staggered and so that the terms of no more than three members shall expire in any one year.
(3) 
Vacancies shall be filled by the Mayor with approval of the Council in the same manner as provided for other appointments. A Chairperson shall be selected by the Committee, from among its members, for a one-year term.
(4) 
Members of the Committee shall serve without compensation.
C. 
Powers and duties.
(1) 
The Committee shall investigate, document and make annual recommendations, or more frequently at its discretion, to the City Council for designation of districts and Protected Sites and Structures pursuant to § 117-5 herein.
(2) 
In carrying out the aforementioned duties, the Committee shall have the power to:
(a) 
Adopt such regulations pertaining to its duties as it may deem necessary to effectuate the purposes of this chapter. Copies of such regulations shall be filed with the City Clerk and the City Planning Commission.
(b) 
Retain or employ professional consultants, secretaries, clerks or other such personnel as may be necessary to assist it in carrying out its duties, to the extent that funds are appropriated and available therefor.
(c) 
Conduct surveys, in consultation with public or private agencies as appropriate, of buildings for the purpose of determining those of historic and/or architectural significance and pertinent facts about them.
(d) 
Formulate and publish recommendations concerning the preparation of maps, brochures and historical markers for selected historic and/or architectural sites and buildings.
(e) 
Cooperate with and advise the Mayor, the City Council and other public and private agencies in matters involving historic and/or architectural sites and buildings.
(f) 
Advise owners of historic buildings on problems and benefits of preservation and restoration.
A. 
No material change in appearance as hereinabove defined shall be made within a designated district or to a Protected Site or Structure except as hereinafter provided. Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior building component in a district or a Protected Site or Structure which does not involve such a material change in appearance.
B. 
This chapter shall apply to all Protected Sites and Structures and to all buildings, structures, outbuildings, walls, fences, steps, topographical features, earthworks, paving and signs within a designated district; provided, however, that it shall not apply to the construction, alteration or demolition of any structure where, prior to the date of public notice of any proposed designation:
(1) 
The applicant has in good faith either:
(a) 
Undertaken contractual commitments which require him to do such construction or alteration; or
[Amended 12-7-1983 by L.L. No. 13-1983]
(b) 
Obtained a permit to do such work and such work has actually commenced, and also
(2) 
Failure to proceed with such work will expose the applicant to substantial financial hardship as defined in § 117-7 below.
C. 
Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any building component which a duly authorized public official shall order to remove a condition dangerous to life, health or safety, but a certificate of appropriateness pursuant to § 117-6 herein shall be obtained prior to commencement of such work unless the delay attendant on obtaining such certificate would prevent timely compliance with said order. Notice of any such order or proposed order shall be given to the Committee as soon as practicable by the agency issuing such order.
A. 
Designation of exteriors and interiors.
(1) 
Designation of a Protected Site or Structure may apply to the exterior only or to the interior only or to both. The designation shall include a specific reference as to whether the interior or exterior, or both, is intended; where such specific reference is omitted, the designation shall be deemed to apply to the exterior only.
(2) 
Designation of a Preservation District shall be deemed to apply to the exterior only of structures or sites therein, except that interiors of any structure within the district may be designated by specific reference thereto.
B. 
No Preservation District or Protected Site or Structure, as the case may be, shall be designated unless it is found to possess one or more of the following characteristics:
(1) 
Association with persons or events of historic significance to the city, region, state or nation.
(2) 
Illustrative of historic growth and development of the city, region, state or nation.
(3) 
In the case of structures: embodying distinctive characteristics of a type, period or method of construction or representing the work of a master, or possessing unique architectural and artistic qualities, or representing a significant and distinguishable entity whose components may lack individual distinction.
(4) 
In the case of districts: possessing a unique overall quality of architectural scale, texture, form and visual homogeneity, even though certain structures within the district may lack individual distinction.
(5) 
In the case of interiors: possessing one or more of the characteristics enumerated in Subsection B(1), (2) or (3) above and, in addition, embodying distinctive characteristics of architectural scale, form and visual homogeneity which are an integral part of the character of the structure in which the space is contained.
C. 
Designation of a Preservation District or a Protected Site or Structure shall be deemed a proposed amendment to the Zoning Ordinance and Official Zoning Map of the City of Rye or the General Ordinances of said City[1] and shall become effective only after public hearing and upon approval of such proposed amendment in the manner provided by law. The Landmarks Advisory Committee or any person, group of persons or association may petition the City Council for adoption of such an amendment. In addition to any other notices required by law, the City Council shall notify the Landmarks Advisory Committee 10 days prior thereto of any hearings bearing on a proposed designation or change thereof.
[1]
Editor's Note: See Ch. 197, Zoning, which includes a copy of the Zoning Map at the end thereof. Ordinances formerly contained in the General Ordinances are currently included in the Code of the City of Rye.
D. 
Designation procedures.
(1) 
The proposed designations or changes thereof shall be filed by the Landmarks Advisory Committee with the City Clerk, together with its request that all property owners affected by such proposals be notified thereof. The City Clerk shall give public notice of such proposals and shall mail each property owner affected by the proposals a copy thereof.
[Amended 12-7-1983 by L.L. No. 13-1983]
(a) 
Sites or structures which have been listed on the National Register of Historic Places or proposed by the Committee on the Register for consideration by the New York State Board on Historic Preservation for a recommendation to the State Historic Officer for nomination for inclusion in the National Register of Historic Places, and which have been recommended for designation by the Landmarks Advisory Committee, may be designated by the City Council, on its own action, as protected sites or structures, when determined by said Council to be of important historic significance.
(b) 
No other site or structure shall be designated unless the owner thereof files a written consent, nor shall any property be included within a Preservation District unless the owner thereof files a written consent, with the Clerk.
(2) 
Except for action taken by the City Council pursuant to § 117-5D(1)(a), following expiration of the time within which affected property owners may object, the proposals as to which there are no objections shall be referred to the City Planning Commission and the Board of Architectural Review for their review and recommendations to the City Council.
[Amended 12-7-1983 by L.L. No. 13-1983]
(3) 
The resolutions and/or recommendations of the City Planning Commission and the Board of Architectural Review with respect to any proposed designation or change thereof, together with the recommendations of the Landmarks Advisory Committee, shall be forwarded to the City Clerk, who shall transmit copies of the same to the Council. The Council shall either adopt, modify or reject the recommendations of the Landmarks Advisory Committee, the Planning Commission and the Board of Architectural Review with respect to a proposed designation or change thereof. Designation of a district or a Protected Site or Structure can be rescinded only by the City Council.
(4) 
Within five business days after a designation of a district or Protected Site or Structure has been adopted, notice of such designation shall be sent to all affected property owners. The designation shall be effective either upon service of a copy thereof upon the affected property owner or 10 days after publication of the change to the Zoning Ordinance as provided above. Notice of such designation shall also be sent to all city and county departments having power to administer and enforce any laws, codes or regulations governing real property within the City, and a certified copy of the designating local law, ordinance or resolution shall be filed in the office of the Clerk of the Westchester County and indexed against the affected parcels of land.
[Amended 12-7-1983 by L.L. No. 13-1983]
E. 
The designated Preservation District and protected sites and structures shall be set forth in this subsection by block and lot number, street designation and, if appropriate, by local designation.
[Amended 9-15-1982 by L.L. No. 8-1982; 7-18-1984 by L.L. No. 10-1984; 1-16-1985 by L.L. No. 1-1985; 9-17-1986 by L.L. No. 14-1986; 8-19-1987 by L.L. No. 9-1987; 6-15-1988 by L.L. No. 11-1988; 10-6-2005 by L.L. No. 3-2005; 1-28-2015 by Ord. No. 1-2015; 11-8-2017 by L.L. No. 5-2017]
(1) 
Preservation District: Village Green, the Square House, the Rye Free Reading Room and City Hall, Boston Post Road, Rye, New York, also known as Block 2, Lot Nos. 29 and 31, on the current tax assessment map of the City of Rye, and formerly known as Block 42, Lot Nos. 14A, 14B, 20, 21, 22, 23 and 24. Specifically designated as protected within the district are:
(a) 
The Square House: the exterior and the grounds surrounding, a total of 1.88 acres. On the interior: the council room; tavern room; warming kitchen; small exhibit room; ballroom; nineteenth-century bedroom; the main entrance hall and staircase; adjoining hallways between the specified rooms and the Civil War period room in the attic, all exclusive of displays, furnishings or exhibits. All areas not specifically proposed for preservation as listed above should be deemed to be excluded.
(b) 
The Rye Free Reading Room:
[1] 
The exterior and grounds surrounding, a total of 0.26 acre. On the interior, only that portion of the 1913 building described as: in the first floor entrance vestibule: woodwork, excluding doors; in the first and second floor foyer: staircase, stairwell and landing space, including three arches; woodwork, excluding doors to north and south second floor rooms; in the first floor circulation area: woodwork, including square and circular columns and connecting beams only; in the first floor reading rooms, north and south: woodwork, including fireplace surrounds and mantels, trim above seven feet one inch (level of mantels), window trim, including sills, and fireplaces as working fireplaces.
[2] 
The following portions of the interior and exterior of the 1913 building shall be specifically excluded: second floor, north and south rooms; toilet rooms and adjacent hallway: furniture, including circulation desk and bookshelves: furnishings, including carpet, vases, artwork, signage and paint colors. Interior and exterior exclusions: lighting, heating ventilation and electric; alarm systems, including fire and security; wiring and devices for telecommunications, including cable television, computer, phone and similar installations.
[3] 
The following future possible changes are also excluded: installation of ceiling and attic fans, railing in foyer, exterior sign identifying the building, storm windows, security lights and glass doors or stoves (e.g., Stovalator) in fireplaces; waterproofing terrace.
(c) 
The Rye City Hall be deemed protected as to exterior.
(d) 
The Village Green be deemed protected as to walks, walls, millstones and landscaping.
(2) 
Protected site and structures: Alansten, the Jay Mansion, and the Carriage House, 210 Boston Post Road, Rye, New York, also known as Sheet 153.09, Block 1, Lot 24.1, on the current Tax Assessment Map of the City of Rye. Specifically designated as protected sites and structures are:
(a) 
Alansten: the entire site consisting of 22.46 acres and including a viewway, a trapezoidal area located between the Jay Mansion and the southerly property line in which there shall be no construction, except for the installation of utility services, which shall have a width of 90 feet at the rear of the building and a width of 300 feet along the southerly property line, the centers of which shall be the center of the rear facade of the building and the point at which a line extending from the rear facade and perpendicular to the rear facade intersects the southerly property line, respectively. The foregoing described orientation of the viewway to the mansion may be adjusted by the Planning Commission during site plan review if it finds that said adjustment will improve the public's view of the mansion.
(b) 
The Jay Mansion: the entire exterior.
(c) 
The Carriage House: the entire exterior.
(3) 
Protected site and structure: the Hains-Robinson House, 556 Milton Road, also known as Sheet 153.06, Block 1, Lot 70, on the current Tax Map of the City of Rye. Specifically designated as protected is:
(a) 
The Hains-Robinson House: the entire exterior and the entire site, including the stone walls; the interior; the entire ground floor, which includes the original kitchen and tap room containing the ship's doors and paneling from the frigate Brandywine. Also deemed protected are the stair railings and newel posts and other Brandywine doors throughout the house.
(4) 
Protected site: the Jay Family Cemetery, Boston Post Road, Rye, New York, also known as Sheet 153.09, Block 1, Lot 33, on the current Tax Map of the City of Rye. Specifically designated as protected is:
(a) 
The Jay Family Cemetery: The entire site comprising 2.85 acres shall be deemed protected, including walls, fences, stones, monuments, paths and the access road. This designation shall not interfere with or prevent additional burials or placement of headstones.
(5) 
Protected site and structure: the Timothy Knapp House, 265 Rye Beach Avenue, Rye, New York, also known as Sheet 146.19, Block 5, Lot 8, on the current Tax Map of the City of Rye. Specifically designated as protected is:
(a) 
The Timothy Knapp House: the entire site and entire building, including interior and exterior.
(6) 
Protected site and structure: the Parsons Estate, 260 Boston Post Road, Rye, New York, also known as Sheet 153.09, Block 1, Lot 34, on the current Tax Map of the City of Rye. Specifically designated as protected is:
(a) 
The Parsons Estate: the entire site; the exterior and interior of the main residence, the exterior of the gardener's cottage and the exterior of the carriage house and stables.
(7) 
Protected site and structure: 235 Boston Post Road, Rye, New York, also known as Sheet 153.05, Block 1, Lot 74.1, on the Tax Map of the City of Rye. Specifically designated as protected is:
(a) 
The Stillman Residence: the entire site and the exterior of the main residence.
(8) 
Protected structure: 5 Morris Court, Rye, New York, also known as Sheet 153.05, Block 1, Lot 74.3, on the Tax Map of the City of Rye. Specifically designated as protected is:
(a) 
The exterior of the one-story stone garage, including the chimney. The attached greenhouse-type structure shall be deemed to be excluded.
(9) 
Protected site and structures: the Bird Homestead, 600 Milton Road, Rye, New York, also known as Sheet 153.6, Block 1, Lot 61, on the Tax Map of the City of Rye; the Rye Meeting House, 624 Milton Road, Rye, New York, also known as Sheet 153.6, Block 1, Lot 60, on the Tax Map of the City of Rye. Specifically designated as protected are:
(a) 
The Bird Homestead: the entire site and the exterior.
(b) 
The Rye Meeting House: the entire site and the exterior.
(10) 
Protected site and structures: the Milton Cemetery, Milton Road, Rye, New York, also known as Sheet 146-18, Block 4, Lot 51, on the Tax Map of the City of Rye; the Purdy Cemetery, Milton Road, Rye, New York, also known as Sheet 146-18, Block 4, Lot 76, on the Tax Map of the City of Rye; Baird Square, Boston Post Road and Milton Road, Rye, New York. Specifically designated as protected are:
(a) 
The Milton Cemetery: the entire site; this designation shall not interfere with or prevent additional burials or placement of headstones.
(b) 
The Purdy Cemetery: the entire site excluding the footbridge; this designation shall not interfere with or prevent additional burials or placement of headstones.
(c) 
Baird Square: the entire site, including the greenspace encircled by hedges, the police booth, and the event sign.
A. 
Notwithstanding any inconsistent ordinance, code, rule or regulation concerning the issuance of building or other permits, no material change of appearance in any designated feature of a structure in a designated district or of a designated Protected Site or Structure shall be commenced without issuance of a certificate of appropriateness from the Board of Architectural Review, nor shall any building or other permits for such change be issued without such a certificate of appropriateness having first been issued. The certificate of appropriateness required by this section shall be in addition to, and not in lieu of, any building or other permit that may be required by any state or local law or regulation.
B. 
Application for a certificate of appropriateness shall be submitted to the Board in such form and include such information as the Board may require.
C. 
Construction; renovation; alteration; issuance of certificate.
[Amended 12-7-1983 by L.L. No. 13-1983]
(1) 
Within a reasonable time after an application is filed and following consultations with the Landmarks Advisory Committee, the Board shall determine whether the proposed material change will be appropriate to the preservation of the district of the Protected Sites or Structures in view of the purposes of this chapter. In passing upon appropriateness, the Board shall consider, in addition to any other pertinent factors, the historical and architectural style, general design arrangement, texture, material and color of the building component involved and the relationship thereof to other structures in the immediate neighborhood or district. With respect to demolition in whole or in part, the Board shall also consider the following:
(a) 
Whether the building is of such architectural or historical interest that its removal would be to the detriment of the public interest.
(b) 
Whether the building is of such interest that it could be made into an historic shrine.
(c) 
Whether the building is of such old and unusual or uncommon design, texture and materials that it could not be reproduced or be reproduced only with great difficulty.
(d) 
Whether retention of the building would help preserve and protect an historic place or area of historic interest in the City.
(e) 
Whether retention will promote the general welfare by maintaining and increasing real estate values and encourage interest in American history and architecture.
(2) 
If the Board approves a material change proposed, the Board shall issue a certificate of appropriateness, which shall specify the work to be done. In issuing such certificate, the Board may prescribe any conditions that it deems to be necessary to carry out the intent and purposes of this chapter. In setting such conditions, the Board is authorized to require compliance with the Secretary of the Interior's standards for additions, alterations and new construction as contained in the Secretary of the Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as revised from time to time. As to locally landmarked properties which are not listed on the National Register of Historic Places or proposed for such listing by the New York State Board on Historic Preservation, this authorization does not include Secretary of the Interior Standard 3 or 10, and the application of Standard 9 may only be applied as locally amended. A copy of such standards, including Standard 9 as locally amended, shall be kept on file and made available to the public in the office of the Secretary of the Board. A certificate issued pursuant to this section shall relate solely to proposed plans accompanying the application or otherwise submitted to the Board for official consideration prior to the issuance of said certificate. It shall be unlawful to deviate from the plans, including any modifications required as a condition of the issuance of such certificate, unless and until an amended certificate shall be applied for and issued. Notwithstanding the foregoing, the Board shall not issue any such certificate unless and until it has been advised by the agencies or department having jurisdiction that there is no impediment to the issuance of any building or other permit as may be required by applicable state or local law or regulation for said work.
[Amended 5-16-1990 by L.L. No. 11-1990]
(3) 
If the Board determines that a certificate should not be issued or that a certificate should be issued only upon specific conditions, the Board shall notify the applicant in writing of such determination and of the Board's reasons therefor. Such notice shall advise the applicant of his right to a hearing before the Board to appeal such determination or to show substantial hardship, pursuant to § 117-7 herein, as a result of such determination, if the applicant makes written application to the Board therefor within 10 days of receipt of such notice.
(4) 
Notwithstanding the foregoing, if the Board fails to issue a certificate or notify the applicant of its determination not to issue a certificate within 45 days after application therefor is filed or within such additional time period as the Board and the applicant may agree, such application shall be deemed approved.
D. 
Nothing contained in this chapter shall be construed as authorizing the Board of Architectural Review in acting with respect to an application for a certificate of appropriateness or in adopting regulations in relation thereto, to waive any regulation or laws relating to height and bulk of buildings, area of yards, courts and other open spaces, density of population, the locations of trades and industries or location of buildings designed for specific uses.
E. 
The Board may, in exercising or performing its powers, duties or functions under this chapter with respect to any structure in a district or to any Protected Structure, apply or impose, with respect to the construction, reconstruction, alteration or use of such structure, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to the applicable district regulations contained herein or to any other applicable provisions or law.
[Amended 12-7-1983 by L.L. No. 13-1983]
F. 
Removing dangerous conditions. Anything herein to the contrary notwithstanding, in any case where a duly authorized enforcement agency shall order or direct the construction, removal, alteration or demolition of any improvement on a Protected Site or in a Preservation District for the purpose of remedying conditions determined to be dangerous to life, health or safety, a certificate of appropriateness shall be issued to permit compliance with such order or direction; provided, however, that the work not result in a material change of appearance where the danger to life, health or safety may be abated without such material change of appearance.
G. 
Any certificate of appropriateness and any permit to raze a building issued pursuant to these rules and regulations shall expire of its own limitation 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, any such certificate and permit 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 or permit is stayed pursuant to these rules and regulations or to any statutory or judicial rule or order shall be excluded from the computation of the 12 months.
[Added 12-7-1983 by L.L. No. 13-1983]
A. 
Notwithstanding the foregoing, in the event that the Board's failure to issue a certificate of appropriateness causes a substantial hardship to the applicant, the Board shall take one or more of the actions enumerated in Subsection B below. For purposes of this section, substantial hardship shall require a showing, to the satisfaction of the Board, that:
(1) 
The land or improvement in question cannot yield a reasonable return or be used for a necessary purpose of the owner if the proposed construction, removal, alteration or demolition is not permitted; and
(2) 
The hardship is not the result of any act or omission by the applicant.
B. 
Upon a showing of substantial hardship, the Board shall take one or more of the following actions:
[Amended 12-7-1983 by L.L. No. 13-1983]
(1) 
Exercise its powers hereunder and its good offices to assist the owner in developing an economically feasible plan to overcome the Board's objections to the issuance of a certificate of appropriateness.
(2) 
Reconsider its decision and issue such certificate if it finds that such certificate may be issued without substantial detriment to the public welfare and without deviation from the intent and purposes of this chapter.
(3) 
Recommend to the Council a limitation or remission of taxes on the property affected, if permissible by law.
(4) 
Recommend to the Council that the City acquire, by purchase or condemnation, a preservation restriction on the structure affected, on such terms and conditions as the Council may approve.
(5) 
In the case of demolition in whole or in part, the Board shall consider the issuance of a delayed certificate pursuant to § 117-7D.
C. 
Failure of Council to act.
(1) 
In the event that the Board determines that failure to issue a certificate will cause a substantial hardship to the owner and recommends that the Council take one or more steps to alleviate such hardship and the Council fails to adopt such measures recommended by the Board or such other measures as may be sufficient to alleviate such hardship within 90 days, then such certificate shall be deemed to have been issued to the owner, unless a delayed certificate has also been issued by the Board pursuant to § 117-7D.
[Amended 12-7-1983 by L.L. No. 13-1983]
(2) 
For the purposes of this section, the ninety-day period shall be computed from the date the written findings and recommendations of the Board are delivered to the City Clerk. Any relief granted hereunder shall be in conformance with the objectives of this chapter and shall be limited to the minimum required to effect substantial justice and shall be in harmony with the general purpose and intent of this chapter.
D. 
Demolition.
[Added 12-7-1983 by L.L. No. 13-1983]
(1) 
With respect to an application to raze a landmark or a structure located in an historic district, the Board of Architectural Review shall have the right to issue a delayed certificate of appropriateness. Such certificate shall not permit demolition or razing for a period of up to 10 months from the date of application therefor, during which time the Board and the applicant shall undertake serious and continuing discussion for the purpose of finding a method to save such property.
(2) 
During such period, the applicant and the Board shall cooperate in attempting to avoid demolition of the property. At the end of this ten-month period, if no mutually agreeable method of saving the subject property being a reasonable prospect of eventual success is underway or if no formal application for funds from any governmental unit or nonprofit organization to preserve the subject property is pending, the Building Inspector may issue the permit to demolish the property without the approval of the Board. If such mutually agreeable method for saving the subject property is not successful or no such funds to preserve the subject property have been obtained and are available for disbursement within a period of two months following the end of such ten-month period, the Building Inspector may issue the permit to demolish the property without the approval of the Board.
(3) 
If the Board determines that a certificate of appropriateness should not be issued, or that a delayed certificate or a certificate contingent upon specific structural performance should 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. Such notice shall advise the applicant of his right to appeal such determination to the City Council, which may reverse or affirm the action of the Board of Architectural Review and of the Building Inspector.
(4) 
Unless the action of the Board of Architectural Review is reversed by the City Council or by a court of competent jurisdiction, the Building Inspector shall refuse to grant a building permit or sign a demolition or other permit in an historic district or involving a landmark where a certificate of appropriateness has been denied or where the grant of such permit is not within the terms and conditions of such certificates of appropriateness as have been granted.
[Added 12-7-1983 by L.L. No. 13-1983[1]]
A. 
Every owner or other person in charge of a Protected Site, building or structure in a Preservation District shall keep in good repair all of the exterior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvements to deteriorate, decay or become damaged or otherwise to fall into a state of disrepair.
B. 
The following shall be the standards of good repair, which shall be in addition to the requirements of Chapter 108:
(1) 
Protected Site, building or structure or a building or structure in a Preservation District shall be properly secured (including fire, smoke and/or entry alarms where necessary) from vandalism, malicious mischief, and unauthorized use or casualty.
(2) 
Attached parts shall be affixed so they will not fall and injure members of the public or property.
(3) 
Foundations shall be adequate and sound.
(4) 
Flooring or floor supports shall be of sufficient size or carry imposed loads with safety.
(5) 
Members of walls, partitions or other vertical supports shall be sound and upright so that they are not split and do not lean, list or buckle.
(6) 
Members of walls, partitions or other vertical supports shall be of sufficient size to carry imposed loads with safety.
(7) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members shall be sound and stabilized so they do not sag or buckle and are not split.
(8) 
Members of ceilings, roofs, ceiling and roof supports or other horizontal members shall be of sufficient size to carry imposed loads with safety.
(9) 
Fireplaces or chimneys must be maintained so as not to settle, list or bulge.
(10) 
Fireplaces or chimneys are of sufficient size or strength or carry imposed loads with safety.
(11) 
Plaster is not cracked or loose.
(12) 
Exterior walls, roofs, foundations or floors, including windows or doors, shall be effectively waterproofed.
(13) 
Effective weather protection shall be provided for exterior wall coverings, including paint or other protective covering.
(14) 
Improvements shall be structurally sound and properly watertight so that interior portions are secure from the elements.
(15) 
Improvements shall have sufficient heat source and temperature controls so as to protect the premises (including plumbing, etc.) from excessive deterioration or actual damage due to freezing.
(16) 
The Board may require necessary maintenance and repair work to conform to the Secretary of the Interior's standards for such maintenance and repair.
[Added 5-16-1990 by L.L. No. 11-1990]
C. 
Administration and enforcement.
(1) 
Where it is alleged that a Protected Site or building or structure or a building or structure in a Preservation District is not being maintained in good repair, the Board of Architectural Review (by majority vote), upon complaint of the Landmarks Advisory Committee and after a hearing (with notice), shall determine what improvements, betterments, replacements or repairs are required to correct said deficiency.
(2) 
If upon written notice of the Board of Architectural Review's decision the owner or other person in charge of the building or structure does not commence corrective action and complete the same within the time set forth by the Board of Architectural Review in its decision, then the subsequent enforcement shall be the same as if there had been noncompliance with a notice of violation issued by the Building Inspector pursuant to § 108-49 et seq.
(3) 
Notice to an owner or other person in charge of the building or structure shall be sufficiently given upon the date that a copy is mailed to the person at the address shown upon the City real estate tax rolls for the premises and also prominently posted on the main entry door of the building or structure, whichever occurs later.
[1]
Editor's Note: This local law also provided for the renumbering of former §§ 117-8 and 117-9 to become §§ 117-9 and 117-10.
[Added 11-15-1989 by L.L. No. 12-1989;[1] amended 6-20-1990 by L.L. No. 12-1990]
The Planning Commission, in connection with site plan or subdivision approval, is authorized to set special conditions, regulations or restrictions on alterations, additions or new construction in the vicinity of property landmarked pursuant to this chapter to protect that property. In setting such special conditions, regulations or restrictions, the Commission is authorized to require compliance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings, as revised from time to time. As to locally landmarked properties which are not listed on the National Register of Historic Places or proposed for such listing by the New York State Board on Historic Preservation, this authorization does not include Secretary of the Interior Standard 3 or 10, and the application of Standard 9 may only be applied as locally amended. A copy of such standards, including Standard 9, as locally amended, shall be kept on file and made available to the public in the office of the Secretary of the Commission.
[1]
Editor's Note: This local law also renumbered former § 117-9, City-owned property, as § 117-10, and former § 117-10, Penalties for offenses, as § 117-11.
[Amended 11-15-1989 by L.L. No. 12-1989]
Plans for the construction, reconstruction, alteration or demolition of any improvement or proposed improvement which is owned by the City or is to be constructed upon property owned by the City and which is or is to be located on a Protected Site or in a Preservation District shall, prior to final action approving or otherwise authorizing the use of such plans with respect to securing the performance of such work, be referred to the Board by the agency of the City having responsibility for the preparation of such plans. Within 30 days after such referral, the Board, after consultation with the Landmarks Advisory Committee, shall submit its recommendations thereon to the Mayor, the Council and the referring agency. Failure of the Board to submit such recommendations shall be deemed approval by the Board.
[Amended 11-15-1989 by L.L. No. 12-1989]
A. 
Any person who violates any of the provisions of this chapter shall be subject to a cumulative penalty of not more than $100 per day for each such violation, and each day such violation continues shall constitute a separate violation. Any person who knowingly and willfully violates or assists in the violation of this chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine of not more than $150 or imprisonment, for not more than 15 days, or by both such fine and imprisonment for each offense. For the purpose of this section, the term "person" shall include the owner, occupant, mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee, agent or any other person, firm or corporation directly or indirectly in control of a building or part thereof and is deemed to include all the officers and directors if such "person" is a corporation.
B. 
The Corporation Counsel shall, upon complaint of the Board of Architectural Review or of the Landmarks Advisory Committee or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove violations of this chapter and take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. Any and all remedies may be pursued concurrently or consecutively, and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.