§ 170-2. Establishment of historic districts and landmarks., Chapter 170. Historic Districts and Landmarks, Part II. General Legislation, Code of Ordinances, New Rochelle

In order to promote the general welfare through the preservation and protection of buildings and structures of historical or architectural interest, the City Council may from time to time enact ordinances creating historic districts and historic landmarks. In considering whether or not to create such district or landmark, the following criteria and definitions shall be followed:

HISTORIC DISTRICT

(1)

An area of the City which is one having special character and special historic value and representing one or more periods or styles of art or architecture typical of one or more past eras and geographically combining such factors in a distinct and identifiable portion of the City so as to constitute a discernable district; or

(2)

An area which has been duly included on the National Register of Historic Places maintained by the United States Secretary of the Interior or which has been duly included on the New York State Historic and Natural Districts Inventory or New York State Archaeological Site Inventory maintained by the New York State Board of Historic Preservation.

HISTORIC LANDMARK: A building, structure or parcel of land not located in a designated historic district which possesses one or more of the following characteristics:

Establishment of historic districts. The City Council may establish an historic district pursuant to the following procedures:

[Amended 11-18-2008 by Ord. No. 212-2008]

(1)

An application for establishment of an historic district shall be submitted to the Historical and Landmark Review Board and shall include the following information:

(a)

A concise statement of the remaining physical elements which make this area an historic district and a description of building types and architectural styles and periods represented.

(b)

A concise statement of how the district meets the review criteria of the definition of "historic district" in § 170-2A above.

(c)

A map showing the boundaries of the proposed district and structures located therein.

(d)

A justification of the boundaries of the district.

(e)

Names and addresses of every property owner within the proposed district.

(2)

Within 62 days from the date that its staff has verified that all the requested information in § 170-2B(1) has been submitted and is accurate, the Historical and Landmark Review Board shall declare the application complete. A notice must be published at least 10 days prior to the meeting at which the application is declared complete. The notice must contain a description of the process leading to a moratorium. The HLRB then sets a public hearing date to hear public comment on the application. The notice of public hearing shall include the time and place of the public hearing and a map clearly delineating the boundaries of the proposed historic district. A description of the moratorium restrictions and time frame (§ 170-2D) will be included. The notice of public hearing shall be published once in the official newspaper of the City not less than 10 days preceding the scheduled date of public hearing. In addition, copies of the notice of public hearing shall be mailed by certified mail, return receipt requested, to all owners of real property located within the area delineating the proposed historic district, as shown on the current records of the City Assessor; by regular mail to the president(s) of any civic, homeowners, and similar organizations operating within the area delineating such proposed district, as shown on the current records of the City Manager; and by regular mail to the State Office of Parks, Recreation, and Historic Preservation.

(3)

The Historical and Landmark Review Board shall, within 30 days to 62 days after the close of the public hearing, make a recommendation to the City Council regarding establishment of the proposed historic district. The recommendation shall include a statement of how the district complies with or fails to comply with the applicable qualification criteria set forth in Subsection A of this section. The Historical and Landmark Review Board shall forward the application together with its recommendation to the City Council. If the recommendation is negative, the application shall be deemed denied.

(4)

If the Historical and Landmark Review Board makes a positive recommendation regarding establishment of the proposed historic district, the City Council shall set a public hearing to hear public comment on the application to establish such district and shall refer the matter to the Planning Board for its recommendation as to the proposed district's compatibility with the City's Comprehensive Plan, Local Waterfront Revitalization Program if applicable, relevant Urban Renewal Plan if any, and/or other relevant City-adopted plans. The notice of the City Council public hearing shall be published in the same manner as the notice of public hearing before the Historical and Landmark Review Board. In addition, a copy of the notice of public hearing with map shall be mailed, by certified mail, return receipt requested, to all owners of real property located within the area delineating the proposed historic district, as shown on the current records of the City Assessor.

(5)

The City Council shall make its determination on whether to establish the proposed historic district within 62 days of the close of its public hearing therefor.

Establishment of historic landmarks. The City Council may designate a historic landmark pursuant to the following procedures:

(1)

An application for designation of an historic landmark shall be submitted to the Historical and Landmark Review Board and shall include the following information:

(a)

A concise description of the physical elements, qualities, architectural style, period and historical significance represented by the landmark, including a consideration of scale, materials, workmanship and spatial qualities, as relevant.

(b)

A concise statement of how the landmark meets the review criteria in the definition of "historic landmark" in § 170-2A above.

(c)

Exterior photographs of the landmark and a site map illustrating significant details described in § 170-2C(1)(a) above.

(2)

Within 62 days from the date that its staff has verified that all the requested information in § 170-2C(1) has been submitted and is accurate, the Historical and Landmark Review Board shall declare the application complete and shall set a public hearing to hear public comment on the application. The notice of public hearing shall include the time and place of the public hearing and the block, lot and address of the real property on which such landmark is located. The notice of public hearing shall be published once in the official newspaper of the City not less than 10 days preceding the scheduled date of public hearing. In addition, copies of the notice of public hearing shall be mailed by certified mail, return receipt requested, to the owner of the real property on which such proposed historic landmark is located, as shown on the current records of the City Assessor; by regular mail to the president(s) of any civic, homeowners, and similar organizations operating within the area delineating such proposed landmark, as shown on the current records of the City Manager; and by regular mail to the State Office of Parks, Recreation, and Historic Preservation.

(3)

The Historical and Landmark Review Board shall, within 62 days after the close of the public hearing, make a recommendation to the City Council regarding designation of the proposed historic landmark. The recommendation shall include a statement of how the landmark complies with or fails to comply with the applicable qualification criteria set forth in Subsection A of this section. The Historical and Landmark Review Board shall forward the application together with its recommendation to the City Council. If the recommendation is negative, the application shall be deemed denied.

(4)

If the Historical and Landmark Review Board makes a positive recommendation regarding establishment of the proposed historic landmark, the City Council shall set a public hearing to hear public comment on the application to designate such landmark and shall refer the matter to the Planning Board for its recommendation as to the proposed landmark's compatibility with the City's Comprehensive Plan, Local Waterfront Revitalization Program if applicable, relevant Urban Renewal Plan if any, and/or other relevant City-adopted plans. The notice of the City Council public hearing shall be published in the same manner as the notice of public hearing before the Historical and Landmark Review Board. In addition, a copy of the notice of public hearing and recommendation of the Historical and Landmark Review Board shall be mailed, by certified mail, return receipt requested, to the owner of real property on which such proposed historic landmark is located, as shown on the current records of the City Assessor.

(5)

The City Council shall make its determination on whether to designate the proposed historic landmark within 62 days of the close of its public hearing regarding the matter.

[Amended 11-18-2008 by Ord. No. 212-2008]

Moratorium on variance, subdivision, site plan, building permit, sign permit, or demolition permit approvals. No variance, subdivision, site plan, building permit, sign permit, or demolition permit applications that result in a change to the exterior of a building or property that is visible from a public street or alley shall be approved by the appropriate City board, department or bureau for real properties proposed to be included in a proposed historic district or a proposed historic landmark during the period commencing after the Historical and Landmark Review Board makes a positive recommendation to the City Council and concluding when such application is approved or denied by the City Council.

[Amended 11-18-2008 by Ord. No. 212-2008]