[HISTORY: Adopted by the City Council of
the City of Auburn 4-6-2017 by L.L. No. 1-2017.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 125.
Flood damage prevention — See Ch. 169.
Planning and subdivision — See Ch. 225.
Zoning — See Ch. 305.
[1]
Editor’s Note: This local law also repealed former Ch.
178, Historic Preservation, adopted 3-28-1991 by L.L. No. 2-1991 as
Ch. 31 of the 1991 Code, as amended.
A.
The historic preservation regulations as established in this chapter
are designed to protect the many structures and landscape features
having a special character or historic interest to the City of Auburn,
the State of New York or the nation. The City Council finds that there
exist within the City of Auburn places, sites, structures and buildings
of historic or architectural significance, antiquity, uniqueness of
exterior design or construction, which should be conserved, protected
and preserved to maintain the architectural character of the City,
to contribute to the aesthetic value of the City and to promote the
general good, welfare, health and safety of the City and its residents.
B.
The purpose of this chapter is to promote the general welfare by
providing for the identification, protection, enhancement, perpetuation,
and use of buildings, structures, signs, features, appropriate improvements,
sites, and areas within the City of Auburn that reflect special elements
of the City's historical, architectural, cultural, economic or aesthetic
heritage for the following reasons:
(1)
To foster public knowledge, understanding, and appreciation in the
beauty and character of the City of Auburn and in the accomplishments
of its past;
(2)
To ensure the harmonious, orderly, and efficient growth and development
of the City;
(3)
To enhance the visual character of the City by encouraging new design
and construction that complements the City's historic buildings;
(4)
To protect and promote the economic benefits of historic preservation
to the City, its inhabitants and visitors;
(5)
Encourage private efforts and stewardship in support of such purposes;
and
(6)
To identify as early as possible and resolve conflicts between the
preservation of historic landmarks/districts and alternative land
uses; and
(7)
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment.
As used in this chapter, the following terms shall have the
meanings indicated:
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
Any act or process that changes one or more of the exterior
architectural features of an improvement or landscape feature, including
but not limited to the erection, construction, reconstruction, or
removal of any improvement or landscape feature.
Especially suitable or compatible in the circumstances.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
The Historic Resources Review Board provided for by § 178-4.
Any construction created to shelter any form of human use,
such as a house, garage or barn, and which is permanently affixed
to the land. "Building" may also refer to a historically related complex,
such as a house and a barn.
The person, or his or her designee, authorized and certified
to enforce the New York State Fire Prevention and Building Code. The
person, or his or her designee, who is also authorized by the City
Council to enforce this chapter, except where another official is
expressly authorized.
The person, or his or her designee, authorized to grant permits
for construction, alteration, and demolition pursuant to the codes
adopted by the City.
An official form issued by the City Historic Resources Review
Board stating that the proposed work on a designated historic resource
is compatible with the historic character of the property and thus
in accordance with the provisions of this chapter and therefore: (1)
the proposed work may be completed as specified in the certificate;
and (2) the City's departments may issue any permits needed to do
the work specified in the certificate.
An official form issued by the City Historic Resources Review
Board when the denial of a certificate of appropriateness has deprived,
or will deprive, the owner of the property of all reasonable use of,
or economic return on, the property.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
Defined by form, proportion, structure, plan, style or material.
General character refers to ideas of design and construction such
as basic plan or form. Specific character refers to precise ways of
combining particular kinds of materials.
In harmony with location, context, setting, and historic
character.
The act of adding to an existing structure or erecting a
new principal accessory structure on any real property.
Any act or process that destroys in part or in whole any
exterior improvement or landscape feature of an historic landmark
or historic property within an historic district or any designated
public interior.
A situation in which a property owner, or others having legal
possession, custody or control of the property, intentionally allows
the condition of a property located within an historic district or
a designated local landmark to suffer such deterioration, potentially
beyond the point of repair as to threaten the structural integrity
of the structure or significant architectural detail.
A permit issued by the Building Official allowing the applicant
to demolish a building or structure, after having received a certificate
of appropriateness approval from the Board.
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service at 36 CFR Part 61 as determined by the State Historic Preservation Office, using the designation criteria outlined in § 178-11 of this chapter.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
Elements embodying the historical significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic property, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
property.
The law making or legislative body of the City consisting
of the City Council.
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
An area designated as an historic district by this chapter
which contains within definable geographic boundaries a significant
concentration, linkage or continuity of sites, buildings, structures,
objects or landscape features united historically or aesthetically
by plan or physical development. A designated historic district shall
not be construed as a zoning district of the City, and nothing contained
herein shall be construed as authorizing the board to adopt a law,
bylaw, or regulation that regulates or limits the height and bulk
of buildings, regulates and determines the area of yards, courts and
other open spaces, regulates density of population or regulates or
restricts the locations of trades and industries or creates zoning
districts for any such purpose.
Original or old building materials (masonry, wood, metals,
marble) or construction.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
A building, district, site, structure, object or landscape
feature significant in American history, cultural, architectural,
engineering, or archeology at the City, the state or the national
level.
A district, site, building, structure, object or landscape
feature significant in American history, cultural, architectural,
engineering, or archeology at the City, the state or the national
level.
a) The process of systematically identifying, researching,
photographing, and documenting historic resources within a defined
geographic area; and b) the resulting list of evaluated properties
that may be consulted for future designation. For the purpose of this
chapter, all surveys shall be conducted in accordance with the Secretary
of the Interior's Standards and Guidelines for Identification and
Evaluation, as may be amended.
The quality of place, site, building, district, or structure
based upon its identification with historic persons or events in the
City of Auburn.
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic or prehistoric period.
A list of historic properties determined to meet specified
criteria of significance.
Any building, structure or site that has been designated as a "landmark" by the City Council, pursuant to procedures described in § 178-8 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
Any natural topographic feature or man-made landscape element.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
Any change, modification, restoration, rehabilitation, or
renovation of the features of an historic resource that does not materially
change the historic characteristics of the property.
Any relocation of a building or structure on its site or
to another site.
The established criteria for evaluating the eligibility of
properties for inclusion in the National Register of Historic Places.
The official inventory of the nation's historic properties,
districts, sites, structures, objects and landmarks which are significant
in American history, architecture, archeology, and culture, maintained
by the Secretary of the Interior under the authority of the Historic
Sites Act of 1935 and the National Historic Preservation Act of 1966
(16 U.S.C. § 470 et seq., 36 CFR 60 and 63, as may be amended).
A feature, addition or building, structure, object or site
which does not add to the sense of historical authenticity or evolution
of an historic resource or landmark or where the location, design,
setting, materials, workmanship, history, and/or association of the
feature, addition or building, structure, object or site has been
so altered or deteriorated that the overall integrity of that historic
resource or landmark has been irretrievably lost.
Things that are primarily artistic in nature or are relatively
small in scale and simply constructed. Although it may be moveable
by nature or design, an object is associated with a specific setting
or environment. Examples include boundary markers, mileposts, fountains,
monuments, and sculpture. This term may include landscape features.
A zoning district not independently mapped on the Zoning
Map but that exists in conjunction with and provides alternative or
additional regulations applicable to the primary underlying zoning
district shown on the Zoning Map. An overlay district's boundaries
shall be described within the text of the provisions of the article
or any amendment to the article establishing the same.
[Added 5-2-2019 by L.L.
No. 1-2019]
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property, as shown on the records
of the Tax Map of the City of Auburn.
The length of time when a property was associated with important
events, activities, or persons, or attained characteristics which
qualify it for landmark status. "Period of significance" usually begins
with a date when significant activities or events began giving the
property its historic significance; this is often a date of construction.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property.
Work, including preliminary measures to protect and stabilize the
property, generally focuses upon the ongoing maintenance and repair
of historic materials and features rather than extensive replacement
and new construction. New exterior additions are not within the scope
of this treatment; however, the limited and sensitive upgrading of
mechanical, electrical, and plumbing systems and other code-required
work to make properties functional is appropriate within a preservation
project.
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historical,
architectural and cultural values.
To keep secure and intact. The act of keeping an element,
detail or structure and continuing the same level of repair to aid
in the preservation of elements, sites, and structures.
An addition which is made without damage to the project's
original condition.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties. The Secretary of the Interior's Standards
for the Treatment of Historic Properties may also be referred to in
this chapter as "Secretary of the Interior's Standards."
Having particularly important associations with the contexts
of architecture, history and culture.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historical
or archeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or campsite.
The act or process of applying measures designed to reestablish
a weather-resistant enclosure and the structural stability of an unsafe
or deteriorated property while maintaining the essential form as it
exists at present.
Buildings whose functional constructions are made usually
for the purposes other than creating human shelter. Examples include:
bandstands, gazebos, lighthouse, silos, and windmills.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
Any project, activity or program involving the expansion,
modification, development or disposition of any historic property.
Pursuant to Article 5, § 96-a, Article 5-G, Article
5-J and Article 5-K, § 119-dd of the General Municipal Law;
Article 14 of the Parks, Recreation and Historic Preservation Law;
and § 10 of the Municipal Home Rule Law, it is hereby declared
as a matter of public policy that the protection, enhancement and
perpetuation of landmarks and historic districts are necessary to
promote the cultural, economic and general welfare of the public.
There is hereby created a board to be known as the City of Auburn
Historic Resources Review Board.
A.
Membership. The Board shall consist of seven members.
B.
Appointment. Members of the Board shall be appointed by the Mayor,
subject to approval of the City Council. No person appointed to the
commission can also serve as a member of the City Council establishing
the Board.
C.
Terms of office. The terms for all members of the Board shall be
staggered and fixed. The Board members shall serve for a term of three
years, with the exception that of the initial term of five Board members,
three shall be for one year and two shall be for two years.
D.
Vacancies. Vacancies occurring in the Board other than by expiration
of term of office shall be filled by appointment by the Mayor, subject
to the approval of City Council, but such appointment shall be only
for the unexpired portion of the term of the member replaced.
E.
Reappointment. Members may serve for more than one term, and each
member shall serve until the appointment of a successor.
F.
Qualifications. To the extent possible, Board members shall be required
to have the following expertise:
(1)
At least one shall be a historian;
(2)
At least one shall be a state-licensed real estate professional;
(3)
At least one shall have demonstrated significant interest in and
commitment to the field of preservation planning as evidenced either
by involvement in a local or regional historic preservation group,
employment or volunteer activity in the field of preservation planning,
or other serious interest in the field; and
(4)
All members shall have a known interest in historic preservation
planning within the City of Auburn.
(5)
In the event that the Mayor, subject to the approval of City Council, determines that any of the positions described in Subsection F(1), (2) and (3) cannot be filled by persons so qualified, the Mayor, subject to the approval of City Council, may fill any such position by appointing persons qualified under Subsection F(4).
G.
Compensation. Members shall serve without compensation.
H.
Board training.
(1)
Each member of the Board is encouraged to complete, at a minimum,
two hours of training each year designed to enable such members to
more effectively carry out their duties. Training received by a member
in excess of two hours in any one year may be carried over by the
member in succeeding years in order to meet this requirement. Such
training may include, but not be limited to, training provided by
a municipality, regional or county planning office or commission,
county planning federation, state agency, statewide municipal association,
college or private firm. Training may be provided in a variety of
formats, including, but not limited to, electronic media, video, distance
learning and traditional classroom training.
(2)
No decision of a Board shall be voided or declared invalid because
of a failure to comply with Subsection I, Board training.
A.
Chairperson. The Chairperson of the Board shall be designated by
the Mayor. In the absence of the Mayor's designation, the Chairperson
of the Board shall be designated by vote of an affirmative majority
of the members of the Board. The Chairperson shall have the right
to vote in all matters before the Board.
B.
Chairperson duties. All meetings of the Board shall be held at the
call of the Chairperson and at such other times as the Board may determine
by affirmative vote. In his or her absence, an acting Chairperson
may perform the duties of the Chairperson.
C.
Secretary. The City of Auburn Office of Planning and Economic Development
shall provide a secretary to the Board. At the time of service, the
secretary shall not also serve as a member of the Board. The secretary
shall keep a record of all proceedings, certificates of appropriateness,
actions of the Board, as well as attendance of Board members.
D.
Quorum. A majority of the Board shall constitute a quorum for the
transaction of business.
A.
Regulations. The Board may recommend to the City Council regulations
relating to any subject matter over which the Board has jurisdiction
under this chapter of City Code. Any such recommendation may be adopted
by the City Council.
B.
Meetings. The Board shall adopt rules for the transaction of its
business, which shall provide for the time and place of holding regular
meetings. Regular meetings shall be scheduled at least once each month.
The Board's rules shall provide for the calling of special meetings
by the Chairperson or by the majority of the Board. All regular or
special meetings of the Board shall be consistent with the notice
provisions of the New York Open Meetings Law and shall be open to
the public.
A.
General and advisory powers. The Board shall, from time to time:
(1)
Review any local laws or regulations, including existing local landmarks
or historic preservation laws or regulations in the City, and recommend
to the City Council any changes and amendments thereto;
(2)
Recommend to the City Council additional regulations to be adopted pursuant to Chapter 178 that may be necessary for the Board to conduct its business, consistent with the scope and intent of this chapter;
(3)
Recommend to the City Council the adoption of criteria for the identification
of significant historic, architectural, cultural, and scenic landmarks
and for the delineation of historic districts.
(4)
Conducting of surveys of significant historic, architectural, and
cultural landmarks and historic districts within the City.
(5)
Recommending designation by City Council of identified structures
or landscape resources as landmarks and historic districts.
(6)
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(7)
Conduct investigations, prepare maps, brochures and descriptive material,
reports and recommendations in connection with the Board's advisory
authority related to the planning, development and administration
of the City's landmarks preservation policies, regulations and ordinance
as needed.
(8)
Reporting on matters referred to it by the City Council. The City
Council may by resolution provide for the referral to the Board for
a report on any matter or class of matters that impact the municipality's
landmarks preservation local law, policies, regulations or administrative
processes before final action is taken thereon by the City Council
or other office of the City having final authority over said matter.
The City Council may further stipulate that final action thereon shall
not be taken until the Board has submitted its report thereon, or
has had reasonable time, to be fixed by the City Council in said resolution,
to submit the report.
(9)
Recommending acquisition of an historic landmark or an improvement
or landscape feature within an historic district by the City government
where its preservation is essential to the purpose of this chapter
and where private preservation is not feasible.
B.
Administrative reviews. In accordance with the regulations adopted
by the City Council for landmarks and historic preservation purposes,
the Board shall:
(1)
Evaluate an application for certificate of appropriateness (COA);
approve, approve with modifications, or deny any proposal for exterior
changes to a designated individual landmark or property within a designated
historic district resulting from any such application;
(2)
Evaluate an application for a certificate of economic hardship; approve,
approve with modifications, or deny any such application;
(3)
Evaluate an application for a certificate of appropriateness for
demolition, removal or relocation; approve, approve with modifications,
or deny any such application;
(4)
Staff has the authority to review and approve applications for certificate
of appropriateness for ordinary maintenance and repair of historic
resources, properties or landmarks; approve, approve with modifications,
or deny any such applications;
(5)
Perform other functions that the City Council may designate by local
law.
C.
The Board may designate or advise designation of an historic district as per this Chapter 178 of City Code and that historic district(s) are not to be construed as a zoning district under the City local law. Nothing contained in this Chapter 178 of City Code shall be construed as authorizing the Board to adopt a law, bylaw or regulation that regulates or limits the height and bulk of buildings, regulates and determines the area of yards, courts and other open spaces, regulates density of population or regulates or restricts the locations of trades and industries or creates zoning districts for any such purposes.
The Board shall delineate landmarks or historic districts and
recommend them to the City Council for designation under local law.
A.
Local landmark. The Board may delineate an individual property as
a landmark if it:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social development,
heritage or cultural characteristics of the City, the state or the
nation;
(2)
Is identified with persons or events significant in the City, state
or national history;
(3)
Embodies those distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4)
Representing an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristics,
represents an established or familiar scenic landscape feature of
the City, state or nation; or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
B.
Historic district. The Historic District is hereby established as
an overlay district. The Board may delineate a group of properties
within the City as an historic district if a majority of the properties
therein:
[Amended 5-2-2019 by L.L. No. 1-2019]
(1)
Contain properties which meet one or more of the criteria for designation
as a landmark and which may have within its boundaries other properties
or structures that, while not of such historic and/or architectural
significance to be designated as landmarks, nevertheless contribute
to the overall visual characteristics of the landmark or landmarks
located within the historic district; and
(2)
Constitute a unique section of the City by reason of possessing those
qualities that would satisfy such criteria.
C.
Scenic landmarks. The Board may delineate a landscape feature or
group of features as scenic landmarks if such scenic landmark has
special historical or aesthetic interest or value as part of the development,
heritage or cultural characteristics of the City, state or nation
and:
(1)
The designation must be accompanied by such historical and architectural
information as is required by the Board to make a recommendation concerning
the application to City Council;
(2)
The boundaries of landmarks and historic districts shall be specified
by and reference by existing tax map identification numbers maintained
by the Cayuga County Office of Real Property Services.
D.
Ordinarily, properties that have achieved significance within the
past 50 years are not considered eligible for designation under this
preservation local law adopted by the City Council. However, such
properties may qualify if they are:
The Board shall designate individual landmarks or historic districts
in the following manner:
A.
Initiation of proposed designation. Designation of an individual
historic landmark or district may be proposed by the Board, by the
owner of the property, or by any resident of the City of Auburn.
B.
[1]Public hearing; general notice.
(1)
Within 60 days after receipt of an application for historic landmark
and/or district delineation, the Board shall schedule a public hearing.
Public notice of any such hearing shall be given by publication in
a newspaper of general circulation within the City at least 15 days
prior to the public hearing date.
(2)
The Board, property owners, and any interested parties may present
testimony or documentary evidence at the hearing which will become
part of a record regarding the historic, architectural, or cultural
importance of the proposed resource, individual, landmark or historic
district.
C.
Notice of public hearing; multiple properties proposed for designation.
(1)
Districts. Notice of public hearing for a proposed designation involving
multiple properties shall be sent to individual property owners within
the area of the proposed historic district at least 15 days prior
to the date of the public hearing. Such notice shall include a description
of the properties proposed for designation and state the time and
place where any public hearing to consider such designation will be
held by the Board.
D.
Work moratorium. Once the Board has issued notice of a proposed designation,
it may recommend to the City Council that a moratorium be put in place,
prohibiting any work relating to the individual landmark or district
proposed for designation as long as the proposed designation is under
active consideration by the Board and until the Board has made its
decision on designation.
E.
Board record. The Board shall compile a public record in support
of its delineation of a resource, landmark or historic district. In
addition to testimony or documentary evidence received at any public
hearings, the record may also contain reports, public comments, expert
testimony, or other evidence offered outside of the hearing, but submitted
for the Board's consideration by the date of the public hearing. As
a minimum, the record of the delineation shall contain the application,
Board and/or staff reports, any comments made on the application at
the public hearing, and the Board's recommendation to the City Council
to approve, approve with modifications, or deny the application requesting
designation.
F.
City Council decision. Within 62 days after the close of the public
hearing, the City Council shall by resolution undertake a designation
in whole or in part, or shall disapprove in entirety, setting forth
in written meeting minutes the reasons for the decision. Notice of
the City Council decision shall be sent by the Board to the applicants
and owners of a designated property or, in the case of an approved
historic district, notice shall be sent to the applicants and owners
of all properties within the approved district.
G.
The Board may agree with the applicant in writing to extend the time
period within which a recommendation will be made.
H.
The Board shall forward notice of each property designated as an
individual landmark and/or the boundaries of each designated historic
district to the City Offices of Codes, Planning and Clerk and Cayuga
County Offices of Real Property Services and Clerk.
I.
Failure to send notice. Failure to send any notice to property owners
where the address of such owner is not a matter of property tax records
shall not invalidate any proceedings in connection with the proposed
designation.
J.
Amendment or rescission. The Board may amend or rescind any designation
of an individual landmark or historic district in the same manner
and procedure as followed for designation.
In accordance with the designation criteria set forth in § 178-8, the following properties are hereby designated:
A.
Historic local landmarks.
(1)
Willard Mansion, Case Research Lab and Carriage House (Cayuga Museum
Property), Tax Parcel ID No. 115.67-1-49.1, 203 Genesee Street.
(2)
Willard Memorial Chapel and Welch Memorial Building, Tax Parcel ID
No. 116.37-1-13.2, 17 Nelson Street.
(3)
Case Memorial Library (Seymour), Tax Parcel ID No. 115.60-1-34.1,
176 Genesee Street.
(4)
Harriet Tubman Home for the Aged, Tax Parcel ID No. 123.38-1-2, 180
South Street.
(5)
Judge Charles C. Dwight Residence, Tax Parcel ID No. 116.21-1-40,
149 North Street.
(6)
Auburn Schine Theater, Tax Parcel ID No. 116.45-2-73, 16 South Street.
(7)
Dr. Allen and Edith Dulles Residence, Tax Parcel ID No. 116.61-1-22,
67 South Street.
A.
Certificate of appropriateness required. The City of Auburn Historic
Resources Review Board is responsible for the approval or disapproval
of proposals for exterior changes to an historic property designated
under this chapter. No person shall carry out any exterior alteration,
restoration, reconstruction, demolition, new construction, or move
of a designated historic landmark or resource or landscape feature
within a designated historic district without first obtaining a certificate
of appropriateness from the Board.
B.
Application for certificate of appropriateness. Prior to the commencement
of any work requiring a certificate of appropriateness, the owner
shall file an application for such a certificate with the Board. No
building permit/sign permit shall be issued for any proposed work
until a certificate of appropriateness has been issued by the Board.
C.
Criteria for issuing a certificate of appropriateness.
(1)
General criteria. The Board shall approve the issuance of a certificate
of appropriateness only if it determines that the proposed work will
not have a substantial adverse effect on the aesthetic, historical,
or architectural significance and value of the individual landmark
or, if the proposed work is within an historic district, proposed
work will not have a substantial adverse effect on the aesthetic,
historical, or architectural significance of the property itself,
the district or neighboring properties in such district.
(2)
In making this determination, the Board's decision to approve, approve
with modification(s) or deny an application for a certificate of appropriateness
in an historic landmark or district, the Board shall be guided by
the Secretary of the Interior's Standards and Guidelines for Rehabilitation.
(3)
In applying the principles set forth in Subsection C(2), the Board shall consider the following factors:
(a)
The general design and character of the proposed alteration
or new construction relative to existing features of the property
or resource;
(b)
The scale and visual compatibility of the proposed alteration
or new construction in relation to the property itself, surrounding
properties, and the neighborhood;
(c)
Texture and materials, and their relation to similar features
of the property and other properties in the neighborhood;
(d)
Visual compatibility with surrounding properties, including
proportion of the property's facade, proportion and arrangement of
windows and other openings within the facade, roof shape, and the
rhythm of spacing of properties on streets, including setbacks; and
(e)
The importance of historic physical and visual features to the
significance of the property.
D.
In approving an application for a certificate of appropriateness,
the Board shall find that the building or structure for which the
permit was requested, if erected or altered in accordance with the
submitted plan or with stated modifications, would be consistent with
the spirit and intent of this chapter, would not be visually offensive
or inappropriate by reason of poor quality of exterior design, monotonous
similarity or visual discord in relation to the sites or surroundings,
would not mar the appearance of the area, would not impair the use,
enjoyment and desirability or reduce the values of properties in the
area, would not be detrimental to the character of the neighborhood,
would not prevent an appropriate development and utilization of the
site or of adjacent lands and would not adversely affect the functioning,
economic stability, prosperity, health, safety and general welfare
of the community.
E.
Where the Board grants a certificate of appropriateness under circumstances
where the permitted activity is likely to uncover or affect archaeological
resources, the Board shall require reasonable efforts to protect and
preserve such resources. Where such protection and preservation is
not feasible, the Board shall nonetheless impose appropriate and reasonable
conditions to insure that the archaeological resource is made accessible
for a reasonable period to qualified persons.
F.
In approving an application for certificate of appropriateness, the
Board shall not review changes to exterior paint colors.
G.
Interior space. The Board shall not consider changes to interior
spaces unless they are open to the public or affect the exterior appearance.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the property owner shall file an application for
a building permit with the City Code Enforcement Office and an application
for such certificate with the Board.
B.
The application for certificate of appropriateness shall require,
at a minimum, the following:
C.
Upon receipt of all the information required herein and additional
information as required by the application for certificate of appropriateness,
the Board shall deem the application complete and shall place the
application on the agenda of the next regularly scheduled Board meeting.
D.
Upon submission of a complete application, the Board shall have the
authority to, without public comment:
(1)
Determine whether the proposed work constitutes ordinary maintenance
and repair and authorize Board staff to issue a certificate of appropriateness;
(2)
Determine whether the proposed work is considered replacement in-kind
and authorize Board staff to issue a certificate of appropriateness;
(3)
Determine work of any other type that has been previously determined
by the Board to be appropriate for delegation to staff.
E.
Board staff will report to the Board on a monthly basis on all activities
for which applications were submitted and decisions made without any
public comment.
A.
Public comment. The Board shall hold an opportunity for public comment
prior to rendering a decision on any application for a certificate
of appropriateness. The property owner and any interested party may
present testimony or documentary evidence regarding the proposal at
the Board meeting, which will become a part of the record. The record
may also contain staff reports, public comments, and other evidence
offered outside of the Board meeting, but presented by the Board meeting
date.
B.
In the event, however, that the Board shall make a finding of fact
that the circumstances of a particular application require further
time for additional study and information, then the Board shall have
a period of up to an additional sixty-two-day period from the date
of any such finding within which to act upon such an application.
C.
Decisions. All Board decisions shall be in writing. A certificate
of appropriateness shall be effective to authorize the commencement
of work in accordance with the application, plans, specifications,
etc., upon which it is based for a period of six months after the
date of its issuance. In issuing such certificate, the Board may prescribe
the conditions that it deems to be necessary to carry out the intent
and purpose of this chapter. 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 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. It shall also be unlawful to commence
work upon a certificate that has expired. A certificate of appropriateness
may be renewed for a second six-month period, but not valid after
a period of one year. Notwithstanding the foregoing, the Board shall
not issue any such certificate unless and until it has been advised
by the Building Inspector that there is no impediment to the issuance
of any building, sign, or other permit as may be required by applicable
state or local law, ordinance or regulation for said work.
D.
[1]Denial or delay of certificate. 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. Such notice shall advise the applicant of the appellate provisions contained in § 178-18.
[Amended 11-17-2022 by L.L. No. 3-2022]
E.
Building permits not to be granted without certificate. Unless the action of the Board is reversed by a court of competent jurisdiction, the Building Inspector shall refuse to grant a building permit, sign, demolition permit or other permit for any historic landmark or district where a certificate of appropriateness has been denied or has expired due to the applicant's failure to commence work as described in Subsection C.
[Amended 11-17-2022 by L.L. No. 3-2022]
F.
Effect of failure to act on application. Notwithstanding the foregoing,
if the Board fails to issue a certificate of appropriateness 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.
A.
Demolition of an individual landmark or of a structure located in
and contributing to the significance of an historic district shall
be allowed only in case of economic hardship, unless the City Code
Enforcement Office, upon due deliberation, has made an express written
finding that the structure presents an imminent threat to the public
health, safety and welfare.
B.
Any person desiring to demolish a designated historic building shall
first file an application for a building permit with the City Code
Enforcement Office and an application for certificate of appropriateness
with the Board. An application must submit, at a minimum, the following:
(1)
Report from a licensed engineer or architect with experience in rehabilitation
as to the structural soundness of any buildings on the property and
their suitability for rehabilitation;
(2)
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(3)
Existing condition photos of the property and/or resource;
(4)
Documentation of architectural floor plans of proposed building,
structure or feature to be demolished.
C.
Demolition by neglect.
(1)
No owner or person with an interest in real property designated as a landmark or included within 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, neighborhood streetscape, or the life and character of the property itself. It is a violation of the City's ordinance to not remedy a condition of neglect within the period of time set by a final administrative determination, as described in §§ 178-16 and 178-17 of this chapter.
(2)
Examples of such deterioration include, but are not limited to:
(a)
Deterioration of exterior walls or other vertical supports that
causes leaning, sagging, splitting, listing, or buckling;
(b)
Deterioration of roofs or other horizontal members that causes
leaning, sagging, splitting, listing or buckling;
(c)
Deterioration of exterior chimneys that causes crumbling of
exterior plasters or mortars;
(d)
Ineffective waterproofing of exterior walls, roof, or foundations,
including broken windows or doors;
(e)
Signs of rot or decay, such as holes, or any deterioration that
creates a hazardous condition;
(f)
A lack of maintenance of the surrounding environment, such as
fences, retaining walls, carriage houses and other outbuildings and
landscape features; and
(g)
Deterioration of exterior features so as to create a hazardous
condition which could lead to the claim that demolition is necessary
for the public safety.
D.
Demolition of any such building may be approved only in connection
with approval of a replacement project.
E.
The Board shall hold a public hearing and shall take one of the following
actions:
F.
During the continuance period, the Board may investigate relocation
of the building (on site) or modification of the building for future
uses in a way which preserves the architectural and historical integrity
of the building.
A.
Certificate of appropriateness for demolition, removal or relocation.
An applicant whose certificate of appropriateness for a proposed demolition,
removal or relocation of a landmark, resource or property has been
denied may apply for relief on the ground of economic hardship. In
order to prove the existence of economic hardship sufficient to justify
demolition, removal, or relocation, the applicant shall establish
that the denial of a certificate of appropriateness will prevent the
property owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible.
B.
Certificate of appropriateness for demolition. The applicant for
a certificate of appropriateness for demolition must establish to
the Board an imminent plan of reuse or redevelopment of the affected
property. The applicant for an income-producing property shall establish
that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and
(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)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(4)
In deciding upon such application for removal, relocation or demolition,
the Board may consider whether the owner has intentionally allowed
an historic property to suffer severe deterioration, potentially beyond
the point of repair thereby creating a situation of self-hardship.
C.
Submissions. Any property owner or person desiring to demolish a
designated historic building and seeking a certificate of appropriateness
for demolition, removal or relocation of an income-producing property
and claiming economic hardship must submit the following for Board
review:
(1)
Current level of economic return.
(2)
Estimated market value of the property in its current condition;
after completion of the proposed construction, alteration, demolition,
or removal; after any changes recommended by the Board; and, in the
case of a proposed demolition, after renovation of the existing property
for continued use.
(3)
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 as to the economic feasibility
of rehabilitation or reuse of the existing structure on the property.
(4)
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.
(5)
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 deduction and
annual cash flow before and after debt service, if any, during the
same period.
(6)
Remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two years.
(7)
All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing or ownership
of the property.
(8)
Any listing of the property for sale or rent, price asked, and offers
received, if any, within the previous two years.
(9)
Assessed value of the property according to the two most recent assessments.
(10)
Real estate taxes for the previous two years.
(11)
Form of ownership or operation of the property, whether sole
proprietorship, for profit or not-for-profit corporation, limited
partnership, joint venture, or other.
(12)
Any other information, including the income tax bracket of the
owner, applicant, or principal investors in the property, considered
necessary by the Board to a determination as to whether the property
does yield or may yield a reasonable return to the owners.
D.
Proof required. In order to prove the existence of economic hardship,
the applicant must establish that unless the proposed work is accomplished,
the property will be incapable of earning a reasonable return or of
being put to reasonable use. In the case of a proposal to remove or
demolish a landmark or structure within an historic district, the
applicant must additionally prove that:
E.
Determination by Board. If hardship is not proven, the Board shall
deny the application and notify the applicant by mail of the final
denial. If the Board finds that the economic hardship has been proven,
relief shall be provided in one of the following ways:
(1)
The Board may relax the strict application of the criteria in § 178-7 sufficiently to relieve the hardship. In this case, the Board shall issue a certificate of appropriateness, with conditions, as necessary.
(2)
The Board may investigate plans and make recommendations to the City
Council for City actions which, if taken, will allow for a reasonable
use of or reasonable return from the subject property or will otherwise
preserve the property without hardship to the owner.
A.
Ordinary maintenance; repair. Nothing in this chapter shall be construed
to prevent the ordinary maintenance and repair of any exterior architectural
feature of an historic landmark or property within an historic district
that does not involve a change in design, building materials, color
or outward appearance. The Board may evaluate and decide, without
public hearing, whether or not proposed work constitutes ordinary
maintenance and repair or requires a certificate of appropriateness.
B.
No owner or person with an interest in real property designated as
an individual landmark or included with an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the Property Maintenance Code of
New York State Uniform Fire Prevention and Building Code and all other
application local regulations.
C.
Every property owner or person responsible for an improvement on
a landmark site or in an historic district shall keep in good repair:
(1)
All of the exterior portions of such improvements; and
(2)
All interior portions thereof which, if not so maintained, may cause
or tend to cause the exterior portions of such improvement to deteriorate,
decay or become damaged or otherwise to fall into a serious state
of disrepair. Examples of deterioration or disrepair would include:
(a)
Deterioration of exterior plaster or mortar walls or facades;
(b)
Deteriorated or inadequate foundation;
(c)
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(d)
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective materials or deterioration;
(e)
Deterioration of ceilings, roofs, ceiling and roof supports
or other horizontal members which sag, split or buckle due to defective
material or deterioration or are of insufficient size to carry imposed
loads;
(f)
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
(g)
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
(h)
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety;
(i)
Any fault or defect in the building or structure which renders
it not properly watertight or otherwise compromises the life and character
of the building or structure.
D.
Interiors. Every property owner or person responsible for an improvement
to an interior landmark shall keep in good repair:
E.
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
A.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements expressly stated
in the certificate or reasonably inferred therefrom. It shall be the
duty of the Building Inspector to periodically inspect any such work
to assure compliance with the certificate and all applicable law.
In the event any requirement included in the certificate of appropriateness
has not been met, or upon notification of that fact by the Historic
Resources Review Board, the Building Inspector shall issue a stop-work
order and all work shall immediately cease. No further work shall
be undertaken on the project as long as a stop-work order is in effect.
B.
Any property owner or person responsible for a property who demolishes,
alters, constructs, or permits a designated property to fall into
a serious state of disrepair in violation of this chapter in the absence
of a certificate of appropriateness, a finding of economic hardship,
or other approval by the Board may be required by the City Council
to restore the property and its site to its appearance prior to the
violation.
C.
If, in the judgment of the Board, a violation of this chapter exists
that will result in a detrimental effect upon the life and character
of a designated historic resource, landmark, property or on the character
of an historic district as a whole, the Board shall notify the City
Code Enforcement Office. If, upon investigation, the City Code Enforcement
Office finds noncompliance with the requirements of the Property Maintenance
Code of the New York State Fire Prevention and Building Code, or any
other applicable law or regulation, the City Code Enforcement Office
shall order such remedies as are necessary and consistent with this
chapter and shall provide written notice thereof to the secretary
of the Board.
D.
Penalties. A violation of this chapter is deemed an offense punishable
by a fine(s) as outlined in the City's Fee Schedule. In addition to
any penalties imposed under this chapter, continued violations of
this chapter shall be punishable in any other manner provided under
other local regulations, and state and federal law.
E.
The Board shall notify the City Council of an enforcement matter arising under this chapter and shall refer it to the City Corporation Counsel. Action to enforce this chapter shall be brought by the City Corporation Counsel or other attorney designated by the City Council. Civil remedies authorized under § 178-17 of this chapter shall be in addition to and not in lieu of any criminal prosecution and penalty.
[Amended 11-17-2022 by L.L. No. 3-2022]
The decision of the Historic Resources Review Board shall be
immediately filed in the office of the City Clerk and be a public
record. The Historic Resources Review Board’s decision shall
constitute the exhaustion of an aggrieved applicant’s administrative
remedies.
If any section, subsection, subdivision, paragraph, clause or
phrase in this chapter, or any part thereof, is for any reason held
to be invalid or unconstitutional, such decision shall not affect
the validity of the remaining sections or portions of this chapter,
or any part thereof. The City Council hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence,
clause, or phrase of this chapter, irrespective of the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences,
clauses, or phrases may be declared invalid or unconstitutional.
