[HISTORY: Adopted by the City Council of the City of Batavia 4-25-1995.
Amendments noted where applicable.]
It is hereby declared as a matter of public policy that the protection,
enhancement and perpetuation of landmarks and historic districts is necessary
to promote the economic, cultural, educational and general welfare of the
public. Inasmuch as the identity of a people is founded on its past, and inasmuch
as the City of Batavia has many significant historic, architectural and cultural
resources which constitute its heritage, this act is intended to:
A.
Protect and enhance the landmarks and historic districts
which represent distinctive elements of the City of Batavia's historic, architectural
and cultural heritage;
B.
Foster civic pride in the accomplishments of the past;
C.
Protect and enhance the City of Batavia's attractiveness
to visitors and the support and stimulus to the economy thereby provided;
and
D.
Ensure the harmonious, orderly and efficient growth and
development of the city.
There is hereby created a Commission to be known as the "City of Batavia
Historic Preservation Commission."
A.
The Commission shall consist of seven members to be appointed,
to the extent available in the community, by the City Council as follows:
(1)
At least one shall be an architect experienced in working
with historic buildings;
(2)
At least one shall be a historian;
(3)
At least one shall be a resident of an historic district;
(4)
At least one shall have demonstrated significant interest
in and commitment to the field of historic preservation evidenced either by
involvement in a local historic preservation group, employment or volunteer
activity in the field of historic preservation, or other serious interest
in the field; and
(5)
All members shall have a known interest in historic preservation
and architectural development within the City of Batavia.
B.
Commission members shall serve for a term of three years,
with the exception of the initial term of one of the seven members which shall
be one year, one which shall be two years, and one which shall be three years.
Each member of the Historic Preservation Commission shall be limited to two
consecutive terms and may be reappointed upon a one year absence from the
Commission.
[Amended 9-26-2005 by Ord. No. 6-2005]
C.
The Chairman and Vice Chairman of the Commission shall
be elected by and from among the members of the Commission.
D.
The powers of the Commission shall include:
(1)
Recommendation to the City Manager as to the establishment
of staff and utilization of professional consultants as necessary to carry
out the duties of the Commission.
(2)
Promulgation of rules and regulations as necessary for
the conduct of its business.
(3)
Adoption of criteria for the identification of significant
historic, architectural and cultural landmarks and for the delineation of
historic districts.
(4)
Conduct of surveys of significant historic, architectural
and cultural landmarks and historic districts within the city.
(5)
Designation of identified structures or resources as
landmarks and historic districts.
(6)
Recommendations to the City Council concerning the acquisition
or donation of facade easements or other interests in real property as necessary
to carry out the purposes of this act.
(7)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating in
public education programs.
(8)
Making recommendations to the City Council concerning
the utilization of state, federal or private funds to promote the preservation
of landmarks and historic districts within the city.
(9)
Recommending acquisition of a landmark structure by the
City Council where its preservation is essential to the purposes of this act
and where private preservation is not feasible.
(10)
Approval or disapproval of applications for certificates
of appropriateness pursuant to this act.
E.
The Commission shall meet as needed, but meetings may
be held at any time on the written request of any two of the Commission members
or on the call of the City Council.
F.
A quorum for the transaction of business shall consist
of four of the Commission's members, but not less than a majority of the full
authorized membership may grant or deny a certificate of appropriateness.
A.
The Commission may designate an individual property as
a landmark if it:
(1)
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or social history
of the locality, region, state or nation;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an architectural
style;
(4)
Is the work of a designer whose work has significantly
influenced an age; or
(5)
Because of unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
C.
Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property and announcing a public hearing by the Commission to consider the designation. The notice shall contain language advising all owners that they have the right to consent or object or express no opinions as to the designation in the manner set forth in Subsection F hereinafter. Once the Commission has issued notice of a proposed designation, no building permits shall be issued by the Building Inspector until the Commission has made its decision.
D.
The Commission shall hold a public hearing prior to designation
of any landmark or historic district. The Commission, 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 landmark or historic district. The record may also
contain staff reports, public comments or other evidence offered outside of
the hearing.
E.
The Commission shall forward notice of each property
designated as a landmark and the boundaries of each designated historic district
to the offices of the Genesee County Clerk for recordation.
F.
Any owner who receives notice of a proposed designation
shall have the right to consent or object or express no opinion as to the
designation. Any consent or objection must be made either in writing filed
with the Commission prior to the public hearing thereon or in person orally
at the public hearing.
G.
Any designation by the Commission of an individual property
as a landmark or of properties within an historic district shall take effect
immediately.
[Amended 4-12-1999]
No person shall carry out any exterior alteration, restoration, reconstruction,
demolition, new construction or moving of a landmark or property within an
historic district, nor shall any person make any material change in the appearance
of such property, its light fixtures, signs, sidewalks, fences, steps, paving
or other exterior elements which affect the appearance and cohesiveness of
the landmark or historic district without first obtaining a certificate of
appropriateness from the Historic Preservation Commission.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to interior
spaces, unless they are open to the public. The Commission's decision shall
be based on the following principles:
(1)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as little
as possible;
(2)
Any alteration of existing properties shall be compatible
with its historic character, as well as with the surrounding district; and
(3)
New construction shall be compatible with the district
in which it is located.
B.
In applying the principle of compatibility, the Commission
shall consider the following factors:
(1)
The general design, character and appropriateness to
the property of the proposed alteration or new construction;
(2)
The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties and the neighborhood;
(3)
Texture, materials and color and their relation to similar
features of other properties in the neighborhood;
(4)
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; and
(5)
The importance of historic, architectural or other features
to the significance of the property.
A.
Prior to the commencement of any work requiring a certificate
of appropriateness, the owner shall file an application for such a certificate
with the Historic Preservation Commission. The application shall contain:
(1)
Name, address and telephone number of applicant.
(2)
Location and photographs of the property and surrounding
properties.
(3)
Elevation drawings of proposed changes, if available.
(4)
Perspective drawings, including relationship to adjacent
properties, if available.
(5)
Samples of color or materials to be used.
(6)
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.
(7)
Any other information which the Commission may deem necessary
in order to visualize the proposed work.
B.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued by the Historic
Preservation Commission. The certificate of appropriateness required by this
act 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 Batavia.
C.
The Commission shall approve, deny or approve the permit
with modifications within 30 days from receipt of the completed application.
The Commission shall hold a public hearing on the application at which an
opportunity will be provided for proponents and opponents of the application
to present their views.
D.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy filed
with the City Clerk's office for public inspection. The Commission's decisions
shall state the reasons for denying or modifying any application.
E.
Certificates of appropriateness shall be valid for 12
months, after which time the owner must reapply if he still wishes to undertake
work on the property.
An applicant whose certificate of appropriateness for a proposed demolition
has been denied may apply for relief on the ground of hardship. In order to
prove the existence of hardship, the applicant shall establish that:
A.
The property is incapable of earning a reasonable return,
regardless of whether that return represents the most profitable return possible;
B.
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
C.
Efforts to find a purchaser interested in acquiring the
property and preserving it have failed.
An applicant whose certificate of appropriateness for a proposed alteration
has been denied may apply for relief on the ground of hardship. In order to
prove the existence of hardship, the applicant shall establish that the property
is incapable of earning a reasonable return, regardless of whether that return
represents the most profitable return possible.
A.
After receiving written notification from the Commission
of the denial of a certificate of appropriateness, an applicant may commence
the hardship process. No building permit or demolition permit shall be issued
unless the Commission makes a finding that a hardship exists.
B.
The Commission shall hold a public hearing on the hardship
application at which an opportunity will be provided for proponents and opponents
of the application to present their views.
C.
The applicant shall consult in good faith with the Commission,
local preservation groups, and interested parties in a diligent effort to
seek an alternative that will result in preservation of the property.
D.
All decisions of the Commission shall be in writing.
A copy shall be sent to the applicant by registered mail and a copy filed
with the City Clerk's office for public inspection. The Commission's decision
shall state the reasons for granting or denying the hardship application.
If the application is granted, the Commission shall approve only such work
as is necessary to alleviate the hardship.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to any requirements included therein. It
shall be the duty of the Building Code Enforcement Officer to inspect periodically
any such work to assure compliance. In the event that work is found that is
not being performed in accordance with the certificate of appropriateness,
or upon notification of such fact by the Historic Preservation Commission,
the Building Code Enforcement Officer shall issue a stop-work order and all
work shall immediately cease. No further work shall be undertaken on the project
as long as a stop-work order is in effect.
A.
Nothing in this chapter shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural feature
of a landmark or property within an historic district which does not involve
a change in design, material, color or outward appearance. 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 Historic Preservation Commission,
produce a detrimental effect upon the character of the historic district as
a whole or the life and character of the property itself.
B.
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 which could lead to the claim that demolition is necessary for the
public safety.
A.
Failure to comply within 90 days of formal notification
of the provisions of this chapter shall be deemed a violation, and the violator
shall be liable to a fine of up to $250 for each day the violation continues.
B.
Any person who demolishes, alters, constructs or permits
a designated property to fall into a serious state of disrepair in violation
of this chapter 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.
Any person aggrieved by a decision of the Historic Preservation Commission
relating to hardship or a certificate of appropriateness may, within 30 days
of the decision, file a written application with the City Council for review
of the decision. Reviews shall be conducted based on the same record that
was before the Commission and using the same criteria.
