Pursuant to the provisions of § 96-a
and Article 5-K of the New York General Municipal Law, it is hereby
declared a matter of public policy that the protection, enhancement,
perpetuation and use of buildings, structures, places and sites of
historic, architectural, cultural or aesthetic value are a public
necessity and purpose in the City of Schenectady. The purpose of this
article is to:
A.
Safeguard the heritage of the City of Schenectady
by preserving resources in the City that represent or reflect elements
of its cultural, social, economic, political and architectural history.
B.
Protect and enhance the attractiveness of such historic
resources to home buyers, visitors, shoppers and residents and thereby
provide economic benefits to the City and its citizens.
C.
Conserve and improve the value of property within
historic districts.
D.
Foster, encourage and advise the preservation, restoration
and rehabilitation of structures, areas and neighborhoods.
E.
Promote the use of historic districts for the education,
enjoyment and welfare of the citizens of the City.
F.
Foster civic pride in the beauty and history of the
past as represented in the historic districts.
G.
Designate sites and structures throughout the City
of Schenectady as having historical value which should be preserved.
In order to carry out the declared purpose and
intent of this article, a Historic Commission (hereinafter "Commission")
is hereby created.
A.
Membership and appointments.
(1)
Membership.
(a)
The Commission shall consist of seven members
whose residences are located in the City of Schenectady. Members shall
be appointed by the Mayor of the City of Schenectady for terms of
office of three years. Members of the Commission may be reappointed
for succeeding terms.
(b)
Members of the Commission shall have demonstrated
significant interest in and commitment to the field of historic preservation
evidenced either by involvement in a local historic preservation group,
volunteer activity in the field of historic preservation or other
serious interest in the field.
(c)
In addition to the membership criteria listed
above, the Mayor may fill remaining vacant positions on the Commission
with City residents who have background in architecture and/or historic
preservation, history or historic research, real estate and/or development
and urban planning and/or land use laws.
(2)
Appointments. Before making said appointments, the
Mayor shall request from the neighborhood organizations that comprise
the historic districts, and from the Northeastern New York Chapter
of the American Institute of Architects, each to recommend one or
more persons to be so appointed. The Mayor may make appointments from
such recommendations. In no event is the Mayor required to accept
any recommendations for such appointments. A vacancy occurring in
the membership of the Commission for any cause shall be filled by
a person appointed by the Mayor for the unexpired term.
B.
Duties and powers. The Commission shall have the following
powers and duties:
(1)
Review of plans. It is the duty of the Commission to review and approve, approve with modifications or disapprove all actions, as set forth in § 264-76 of this article, that result in any physical change of existing features, relocation, renovation or demolition of historic sites or structures within an historic district. The Commission shall have the power to pass upon such activity before a certificate of approval and/or building permit is granted, provided that the Commission shall pass only on changes visible from the public way and on the exterior features of a building or structures as are visible from the public way and shall not consider interior arrangements. In deciding upon all such plans, the Commission shall be guided by the standards for review set forth in § 264-76C of this article.
[Amended 11-26-2012 by Ord. No. 2012-12]
(2)
Investigate and report. The Commission may investigate,
report, testify and recommend to the Planning Commission, the Board
of Zoning Appeals, the City Council and any City department or official
on matters, permits, authorizations and other actions that affect
buildings, structures, sites and places within an historic district.
The Zoning Officer shall serve written notice to the Commission Chairman
of matters, permits and authorizations scheduled to come before the
Board of Zoning Appeals, the Planning Commission and the City Council
and any City department or official that may affect an historic district.
(3)
District designations and amendments. The Commission
may investigate and transmit recommendations to the City Council and
Planning Commission concerning the establishment, amendment or alteration
of an historic district and of this article.
(4)
Surveys and studies. The Commission may undertake
the survey and study of neighborhoods, areas, sites, places, buildings
and structures that have historic, architectural, cultural or aesthetic
value. Pursuant to such study and survey, the Commission may propose
regulations, special conditions and restrictions, including recommendations
for nomination to the National Register of Historic Places, as may
be appropriate to serve the purposes of this article.
(5)
Retain specialists. The Commission may retain such
specialists, consultants or experts to aid in its duties and to pay
for their services, not exceeding, in all, the appropriation made
for such purpose by the City Council. The Commission may call upon
available City staff members, as well as other individuals, for technical
advice.
(6)
Assist property owners. The Commission may advise
owners of property or structures within the historic districts on
the physical and financial aspects of preservation, renovation, rehabilitation
and reuse.
(7)
Other power. The Commission may undertake any other
action or activity necessary or appropriate to the implementation
of its powers and duties or to the advancement of the purposes set
forth in this article.
C.
Rules of the Commission.
(1)
The Commission shall elect from its membership a Chairman
and Vice Chairman, whose terms of office shall be fixed by the Commission.
The Chairman shall preside over the Commission and shall have the
right to vote. The Vice Chairman shall, in cases of absence or disability
of the Chairman, perform the duties of the Chairman.
(2)
The Commission shall appoint a Secretary who shall
be an employee of the City of Schenectady. The Secretary shall keep
a record of all resolutions, proceedings and actions of the Historic
District Commission.
(3)
Four members of the Commission shall constitute a
quorum for the transaction of business. The Commission shall adopt
rules for the transaction of its business. They shall provide for
the calling of special meetings by the Chairman or by at least two
members of the Commission. All regular or special meetings of the
Commission shall be open to the public, and any person or his duly
constituted representative shall be entitled to appear and be heard
on any matter before the Commission before it reaches its decision.
(4)
The Commission shall keep a record, which shall be
open to the public view, of its resolutions, proceedings and actions.
The concurring affirmative vote of four members shall constitute approval
of plans before it for review or for the adoption of any resolution,
motion or other action of the Commission. The Commission shall submit
an annual report of its activities to the Mayor and make such recommendations
to the Council as it deems necessary to carry out the principles of
this chapter.
A.
Standards.
(1)
Historic District boundaries. For the purpose of this
article, the Historic District boundaries are described as follows:
(a)
The RH-2 Stockade Historic Residential District,
the RH-1 Historic Residential District area shown and bounded on the
City of Schenectady Zoning Map and the OH Overlay Historic District
shall be the area shown on the City of Schenectady Zoning Map and
all sites designated either by the City as historic sites and structures
or listed on the National Register of Historic Places.
(b)
All land within the RH-2, RH-1 and OH Districts,
as amended to date, shall be subject to the procedures, standards
and limitations set forth in this article. The term "historic district,"
when used in this article, shall be construed to include any lot or
parcel located within the RH-1, the RH-2 or the OH Districts and all
sites designated by the City as historic sites and structures.
(2)
Amendment, supplement, establishment or change of historic boundaries. The Commission may recommend amendments to the Historic District boundaries, or establishment of new historic districts, in accordance with Article XIX of Chapter 264, Zoning, of the City Code, which describes the process of notification and review for amendment to the provisions of the ordinance. The Commission recommendations for Historic District changes shall be submitted to the City Planning Commission for its review and recommendation to the City Council for action, The Commission may recommend a group of properties as an Historic District if:
(3)
Historic sites and structures. The Commission may
recommend an individual property for designation as an historic site
or structure if it:
(a)
Possesses special character or historic or aesthetic
interests or value as part of the cultural, political, economic or
social history of the locality, region, state or nation;
(b)
Is identified with historic personages or events;
(c)
Embodies the distinguishing characteristics
of an architectural style;
(d)
Is the work of a designer whose work has significantly
influenced an age; or
(e)
Because of a unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood.
B.
Notice of designation.
(1)
Designation proposals for property which has historic,
architectural or cultural significance may be initiated by the owners
of said property. Designation proposals may also be initiated by the
Commission. No action with regard to a Historic District boundary,
historic site or structure designation shall be taken by the City
without prior review and formal recommendation by the Commission.
(2)
When the Commission proposes to recommend changes
to the boundaries of an historic district, establish a new historic
district or designate an historic site or structure, notice of a proposed
designation shall be sent by registered mail to the owner of the property
proposed for designation, describing the property proposed and announcing
a public hearing by the Planning Commission to consider the designation.
Where the proposed designation involves so many owners that individual
notice is infeasible, notice may instead be published at least once
in a newspaper of general circulation at least 10 days prior to the
date of the public hearing. Once the Commission has issued notice
of a proposed designation, no building permits shall be issued by
the Building Inspector until the Planning Commission has made its
recommendations to the City Council and the City Council has made
its decision. Such restriction on the issuance of building permits
may be waived by the City Council by supermajority vote upon a recommendation
from the Zoning Enforcement Officer that the activity proposed does
not impact historic features. Within 30 days of the public hearing,
the Planning Commission shall make its decision and submit recommendations
to the City Council.
(3)
The Planning Commission shall hold a public hearing
prior to designation of any historic site or structure or historic
district. The Commission, owners and any interested parties may present
testimony or documentary evidence at the hearing which will become
part of the record of the hearing. The record may also contain staff
reports, public comments and other evidence offered outside of the
hearing.
[Amended 9-12-2011 by Ord. No. 2011-15]
No person shall carry out any exterior alteration,
restoration, repair, repainting, reconstruction, demolition, new construction
or moving of an historic site or structure or property that results
in any physical change to buildings, structures or historic resources
within the districts, nor shall any person make any material change
in the appearance of such a property, its light fixtures, signs, roofs,
steps, railings, sidewalks, fences, paving, installation of satellite
dishes, or other exterior elements visible from a public right-of-way
which affect the appearance and cohesiveness of the Historic District
or historic site or structure without first obtaining a certificate
of approval from the Commission, whose decision shall be based on
the criteria set forth in Subsection C. Any and all such action shall
require the prior approval of the Commission, regardless of whether
a building permit is required.
A.
Procedures for review.
(1)
Application for a certificate of approval shall be
made to the Historic District Commission staff. The application shall
state that the property is in a historic district or is a designated
historic site or structure. Plans shall be submitted showing the structure
in question and provide the following additional information:
(a)
The name, address and telephone number of the
applicant.
(b)
The location of and photographs of the property.
(c)
Plans, plot plans when any addition(s) or demolition
is planned and elevation drawings of proposed changes, to scale.
(d)
Perspective drawings, including relationship
to adjacent properties, if available.
(e)
Specific descriptions and samples of color and
materials to be used.
(f)
Where the proposal includes signs or lettering,
a scale drawing showing the type of lettering to be used, all dimensions
and colors, a description of materials to be used, method of illumination
and a plan showing the sign's location on the property.
(g)
Any other information which the Commission may
deem necessary in order to visualize the proposed work.
(2)
Upon the filing of a complete application and plans
at least two weeks prior to the next regularly scheduled meeting of
the Commission, the Building Inspector shall notify the Commission
Chairperson of the receipt of such application and shall transmit
it, together with accompanying plans and other information, to the
Commission.
(3)
No building permit shall be issued for any proposed
work until the work plans and description have been approved by the
Commission. The Commission's certificate of approval required by this
article shall be in addition to and not in lieu of any building permit
that may be required by any other ordinance of the City of Schenectady.
B.
Action by the Commission.
(1)
Decision by the Commission.
(a)
The Commission shall approve or disapprove or
approve with modifications such plans and, if approved, shall issue
a certificate of approval, which is to be signed by the Chairperson,
attached to the application for the building permit, if applicable,
and immediately transmitted to the Building Inspector. The Chairperson
shall also stamp all approved prints submitted to the Commission signifying
its approval.
(b)
If the Commission does not approve such plans,
it shall state its reasons for doing so and shall transmit a record
of such action and reasons therefore in writing to the Building Inspector
and to the applicant. The Commission may advise what it thinks is
proper if it disapproved of the plans submitted. The applicant, if
he/she so desires, may make modifications to his/her plans and shall
have the right to resubmit his/her application at any time after so
doing.
(c)
The failure of the Commission to approve or
disapprove of such plans within 62 days from the date of the Commission's
meeting to consider the completed application for a certificate of
approval shall be deemed to constitute approval, and the Building
Inspector shall proceed to process the application as submitted to
the Building Inspector, without regard to a certificate of approval,
except as provided below:
[1]
The applicant has agreed, in writing, to an
extension of this sixty-two-day period; or
[2]
The application is subject to the requirements
of the State Environmental Quality Review Act (SEQRA), and an environmental
assessment or environmental impact statement review must be completed
prior to action by the Commission.
(2)
Effect of approval. If the Commission approves the application, it
authorizes the Building Inspector to issue the building permit for
the work so specified in the application; provided, however, that
the applicant has obtained all other permits or approvals that may
be required by the codes and ordinances of the City, and provided
that a building permit is issued and work is actually begun within
that period and is thereafter diligently pursued to completion.
(3)
Inspection of work. After the certificate of approval
has been issued and the building permit granted to the applicant,
the Building Inspector shall, from time to time, inspect the construction,
alteration or repair approved by such certificate and shall take such
action as is necessary to enforce compliance with the approved plans.
C.
Application review criteria.
(1)
In considering an application to modify or demolish
designated structures or construct new structures within the Historic
District, the Commission shall not consider changes to interior spaces
or to architectural features that are not visible from a public right-of-way.
(2)
The Commission's decision shall be based upon the
Secretary of the Interior's Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Buildings (current revision), published
by the United States Department of the Interior, National Park Service,
Preservation Assistance Division, a copy of which is available in
the office of the City's Building Inspector, and upon the following
principles:
(a)
Properties which contribute to the character
of the Historic District shall be retained, with their historic features
altered as little as possible.
(b)
Alterations and additions to existing buildings
shall either be made consistent with the spirit of their architectural
style or, if this is deemed infeasible, shall alter the structure
to an appearance consistent with the architectural styles of historic
value existing in the Historic District where the subject property
is located. Alternatively, contemporary design for alterations and
additions to existing properties may be permitted when such alterations
and additions do not destroy significant historical, architectural
or cultural material and/or such design is compatible with the size,
scale, material and character of the property, neighborhood or environment.
Wherever possible, new additions or alterations to structures shall
be done in such a manner that, if such additions or alterations were
to be removed in the future, the essential form and integrity of the
structure would be unimpaired.
(c)
Deteriorated architectural features shall be
repaired rather than replaced, wherever possible. In the event that
replacement is necessary, the new material should match the material
being replaced in composition, design, texture and other visual qualities.
Repair or replacement of missing architectural features should be
based on accurate duplications of features, substantiated by historical,
physical or pictorial evidence, rather than on conjectural designs
or the availability of different architectural elements from other
buildings or structures.
(d)
New construction shall be consistent with the
architectural styles of historic value in the applicable historic
district. On sites of proposed new construction, where structures
adjoining the site are of significantly dissimilar periods or styles
of architecture, the Commission may approve such period or style of
architecture as it deems proper for the site and in the best interests
of the surrounding historic district.
(e)
No structure may be demolished unless the Commission
finds that preservation of the structure is not warranted under the
general standards set forth in this section. Demolition may be permitted
only after the developer of the site has submitted and obtained approval
for such plans for new development, including Commission approval
for new construction, including an acceptable timetable and guaranties
which may include performance bonds for demolition and completion
of the project. In no case shall the time between demolition and the
commencement of new construction exceed six months.
(f)
Moving of structures or buildings may be permitted
as an alternative to demolition.
(g)
Additional general standards.
[1]
The distinguishing original qualities or character
of any significant building, structure or site and its environment
shall not be destroyed. The removal or alteration of any historic
material or distinctive architectural features should be avoided when
possible.
[2]
All buildings, structures and sites shall be
recognized as products of their own time. Alterations that have no
historical basis and that seek to create an appearance of different
time period shall be discouraged.
[3]
Distinctive stylistic features or examples of
skilled craftsmanship which characterize a building, structure or
site shall be treated with sensitivity.
[4]
Every reasonable effort shall be made to protect
and preserve archaeological resources affected by or adjacent to any
project.
(3)
In making its decision, the Commission shall consider
the following factors:
(a)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the
neighborhood.
(b)
Texture, materials and color and their relation
to similar features of other properties in the neighborhood.
(c)
Visual compatibility with surrounding properties,
including proportion of the property's front facade, proportion and
arrangement of windows and other openings within the facade, roof
shape and the rhythm of spacing of properties on streets, including
setback.
(d)
The importance of historic, architectural or
other features to the significance of the property.
A.
An applicant who has been denied a certificate of
approval from the Commission to alter designated structures or build
new structures within an historic district may request a hearing before
the Board of Zoning Appeals on the grounds that the decision presents
a hardship. In order to prove the existence of hardship, the 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; and
(3)
The applicant has made a good faith effort to sell
the property and has been unable to find a purchaser at the fair market
value who would agree to preserve the structure.
B.
Appeals.
(1)
Applicants who have been denied a certificate of approval to demolish a designated site or structure may appeal the decision of the Commission to the Board of Zoning Appeals, showing hardship based upon the factors set forth in Subsection A(1), (2) and (3) above, and the following:
(a)
The structure is deteriorating and that the
owner cannot economically afford to preserve the structure.
(b)
The applicant has sought financial assistance
under established programs for historic preservation and failed to
obtain sufficient assistance to enable the owner to economically preserve
the structure.
(2)
Notwithstanding the finding of hardship, if the Commission
finds that the structure should be preserved, it may withhold approval
to demolish for a period not exceeding one year from the date of an
application for a demolition permit. If, during that period, the owner,
the Commission or other interested parties are able to obtain sufficient
financial assistance to preserve the structure or a purchaser at the
fair market value who will agree to preserve the structure on the
parcel, the Commission shall deny a permit to demolish the structure.
(3)
For purposes of this subsection, "economically afford"
means, in the case of a one-family or two-family owner-occupied house,
an inability to preserve the structure without financial hardship;
in the case of rental or commercial property, an inability to earn
a reasonable return on the property if the structure is preserved;
and in the case of property owned and used by a nonprofit organization,
an inability to preserve the structure without financial hardship.
Preservation of a structure includes such additions or other alterations
as are permissible in an historic district.
C.
In any event, the relief granted in a finding of hardship
shall be only the minimum sufficient to relieve the hardship proved
by the applicant.
A.
Nothing in this article shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of a historic site or structure or property within an historic
district which does not involve a change in design, material, color
or outward appearance.
B.
No owner or person with an interest in real property
designated as an historic site or structure or included within an
historic district shall permit the property to fall into a serious
state of disrepair so as to threaten to result in the deterioration
of any exterior architectural feature which would, in the judgment
of the Commission, produce a detrimental effect upon the character
of the historic district as a whole or the life and character of the
property itself.
C.
Examples of such deterioration 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 detrimental to the public safety. Such a building structure
or part thereof found to be in disrepair, in an unsafe or unusable
condition or in any condition that may threaten the perpetuation or
integrity of the same shall be in violation of this chapter.
This article shall not apply in any case where
the Building Inspector orders or directs the construction, removal,
alteration or demolition of any improvement in an historic district
for the purpose of remedying conditions determined to be unsafe or
dangerous to the life, health or property of any person. However,
prior to such order, the Building Inspector shall serve written notice
to the Commission Chairman describing the location and particulars
of the action to be taken.
A.
Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be liable to the fines and penalties as set forth in Article XVIII of this chapter of the Code of the City of Schenectady.
B.
Any person who demolishes, alters, constructs or permits
a designated property to fall into a serious state of disrepair in
violation of this article shall be required to restore the property
and its site to its appearance prior to the violation. Any action
to enforce this subsection shall be brought by the City Attorney.
This civil remedy shall be in addition to and not in lieu of any criminal
prosecution and penalty.
