§ 170-5. Certificates of appropriateness.

A. 

Notwithstanding any inconsistent ordinance, code, rule or regulation concerning the issuance of building, sign or other permits, no material change of appearance in any feature of a structure or site in a designated historic district or of a designated landmark and no new construction in a designated historic district and no demolition in such district or of a landmark shall be commenced without a certificate of appropriateness having first been issued. The certificate of appropriateness required by this section shall be in addition to and not in lieu of any building, sign or other permit that may be required by any state or local law or regulation.

B. 

In passing upon an application for a certificate of appropriateness, the Historical and Landmark Review Board shall not consider changes to interior spaces, except in cases where the interiors of public buildings have been designated, or to architectural features that are not visible from a public street or alley.

C. 

Applications and notification.

(1) 

Applications for a certificate of appropriateness shall be submitted to the Board in such form and including such written information and data and such plans, elevations, drawings, etc., as the Board may require. A filing fee will be required as set forth in Chapter 133, Fees.

[Amended 5-23-1994 by Ord. No. 109-1994]

(2) 

In addition, the applicant shall notify, in writing, property owners within 150 feet of any such proposal, measured from each corner of the applicant's lot. All notifications are to be given by certified mail, return receipt requested, no less than 10 days prior to the scheduled public hearing on the application.

[Added 10-18-1988 by Ord. No. 299-1988; amended 3-16-1999 by Ord. No. 64-1999]

D. 

Issuance of certificate.

(1) 

Within 90 days after a complete application is filed, the Board shall conduct a public hearing and shall then determine whether the proposed material change will be appropriate to the preservation of the district or the landmark in view of the purposes of this chapter. In passing upon appropriateness, the Board shall consider, in addition to any other pertinent factors, the historical and architectural style, general design arrangement, texture, material and color of the building component or sign involved and the relationship thereof to other structures in the immediate neighborhood or district.

(a) 

With respect to construction, the Board shall take into consideration the visual relationship between the property in question and existing structures either immediately adjacent to or in the surrounding area and the character of the district and the extent to which a new or altered structure would be harmonious with or incongruous to the historic and architectural qualities or distinctive aspects of the district.

(b) 

With respect to demolition, in whole or in part, of a landmark or building located in an historic district, the Board shall consider whether:

[1] 

The continued existence of the building as a landmark or as part of an historic district prevents the owner from realizing a reasonable return on the property as specified in the hardship criteria in § 170-5 herein.

[2] 

The building is of such architectural or historical interest that its removal would be to the detriment of the public interest.

[3] 

The building is of such interest that it could be made into an historic landmark.

[4] 

The building is of such old and unusual or uncommon design, texture and material that it could not be reproduced or could be reproduced only with great difficulty.

[5] 

Retention of the building would help preserve and protect an historic place or area of historic interest in the City.

[6] 

Retention will promote the general welfare by maintaining and increasing real estate values and encourage interest in American history and architecture.

(c) 

The Board shall, when applying design criteria guidelines to determine whether certificates of appropriateness should be granted, consider its previous applications and determination of same so as to maximize fairness and equal treatment under the law. However, exercise of discretion in favor of one confers no right upon another to demand the same decision. The Board may give weight to slight differences which may not be easily discernible but provide a rational basis for distinguishing its decision from contrary prior determinations.

[Added 9-20-2001 by Ord. No. 190-2001]

(2) 

If the Board approves the material change proposed, the Board shall issue a certificate of appropriateness, which shall specify the work to be done. In issuing such certificate, the Board may prescribe any conditions that it deems to be necessary to carry out the intent and purposes of this chapter. 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. Notwithstanding the foregoing, the Board shall not issue any such certificate if it has been advised by the Building Official that there is an impediment to the issuance of any building, sign or other permit, as may be required by applicable state or local law or regulation, for said work. The official certificate of appropriateness (or copy which was received from the Board upon approval of the application must be prominently displayed at the property, and it must be clearly visible to the public while work is underway.

[Amended 9-20-2001 by Ord. No. 190-2001]

(3) 

With respect to an application to raze a landmark or a structure located in an historic district, the Historical and Landmark Review Board shall have the right to issue a delayed certificate of appropriateness. Such certificate shall not permit demolition or razing for a period of up to four months from the date of issuance of the delayed certificate of appropriateness therefor, during which time the Board and the applicant shall undertake serious and continued discussion for the purpose of finding a method to save such property. During such period, the applicant and the Board shall cooperate in attempting to avoid demolition of the property. At the end of this four-month period, if no mutually agreeable method of saving the subject property bearing a reasonable prospect of eventual success is underway or if no formal application for funds from any government unit or nonprofit organization to preserve the subject property is pending, the Building Official may issue the permit to demolish the property without the approval of the Board. If such mutually agreeable method for saving the subject property is not successful or no such funds to preserve the subject property have been obtained and available for disbursement within a period of two months following the end of such four-month period, the Building Official may issue the permit to demolish the property without the approval of the Board.

(4) 

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 not be issued, the Board shall notify the applicant, in writing, of such determination and of the Board's reasons therefor and shall file such notice with the City Clerk. Such notice shall advise the applicant of his right to appeal such determination to a court of competent jurisdiction in the State of New York within 30 days of the filing of the written notice.

(5) 

Unless the action of the Historical and Landmark Review Board is reversed by a court of competent jurisdiction, the Building Official shall refuse to grant a building permit or sign or demolition or other permit in an historic district or involving a landmark where a certificate of appropriateness has been denied or where the grant of such permit is not within the terms and conditions of such certificate of appropriateness as has been granted.

(6) 

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 90 days after such application therefor is filed, or within such additional time period as the Board and the applicant may agree, such application shall be deemed approved.

E. 

Nothing contained in this chapter shall be construed as authorizing the Historical and Landmark Review Board, in acting with respect to an application for a certificate of appropriateness or in adopting regulations in relation thereto, to waive any regulation or laws relating to zoning and planning of the City of New Rochelle. The Board may, in exercising its powers and performing its functions under this chapter, with reference to an historic district or a landmark, apply or impose, with respect to the construction, reconstruction, alteration, demolition or use of any structure or sign, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to the applicable regulations contained herein or to any other applicable provisions of law.

F. 

Any certificate of appropriateness and any permit to raze a building issued pursuant to these rules and regulations shall expire of its own limitation 12 months from the date of issuance if the work authorized thereby is not commenced by the end of such twelve-month period; and further, any such certificate and permit shall also expire and become null and void if such authorized work is suspended and abandoned for a period of 12 months after being commenced. Any period or periods of time during which the right to use any such certificate or permit is stayed pursuant to these rules and regulations or to any statutory or judicial rule or order shall be excluded from the computation of the 12 months.

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