Cortland City Zoning Code
ARTICLE V
Historic Overlay HO District
§ 300-50 Purpose and intent.
A.
Purpose. It is the purpose of the Historic Overlay (HO) District to provide for the regulation of all areas that have been designated as Historic Overlay Districts and to preserve the physical heritage of the City's historical development in its proper context, and in such a way that it will play an economically viable role in the contemporary scene.
B.
Objectives. The administration of the article is intended to facilitate the preservation, rehabilitation, and enhancement of the significant historic, architectural, and cultural resources of the City of Cortland and its heritage as well as achieve the following objectives:
(1)
Protect and enhance the Tompkins Street/Main Street Historic District, as designated by the National Register of Historic Places maintained by the National Parks Service;
(2)
Protect and enhance other landmarks and historic districts within the City as designated by the Historic Commission, the City of Cortland Historic Resources Survey, and any other historic, architectural, or cultural resource developed for use by the City of Cortland;
(3)
Ensure future growth and development is complimentary to and respectful of existing historic and cultural sites, structures, and districts within the City;
(4)
Foster civic pride in the City's historic and architectural heritage through proper maintenance of designated landmarks and districts; and
(5)
Encourage the restoration and/or rehabilitation of historic structures and sites within the City to further augment the economic and cultural vitality of the community, while also respecting its architectural and historical integrity.
§ 300-51 Establishment of Historic Commission.
A.
Establishment. The Historic Commission is hereby established as the primary administrators of this article. The Historic Commission shall consist of seven members, who shall be appointed by the Mayor, subject to the approval of the Common Council.
B.
Membership.
(1)
The membership of the Historic Commission must fulfill the following qualifications, to the extent practicable:
(a)
One professional in the related fields of architecture, historical preservation, or urban design;
(b)
One resident and/or owner of property within the City that is either a designated historic landmark or located within a designated Historic District on the National or State Historic Registers; and
(c)
One resident with a known interest in the preservation of historical sites within the City.
(2)
Each member of the Commission shall participate annually in a continuing education course to be approved by the Mayor upon the recommendation of the Commission.
(3)
The Chair and Vice Chair of the Commission shall be elected each year by and from the members of the Commission.
C.
Meetings.
(1)
The Commission shall schedule regular review meetings on a monthly basis and notice all public hearings in accordance with New York State General City Law and the Codified Ordinances of the City of Cortland.
(2)
The City Clerk or designee shall be the secretary to the Commission and shall take the minutes. The Historic Commission may hold additional meetings at the call of the Chairperson. The Chairperson may cancel any meeting.
D.
Powers and duties. It shall be the duty of the Historic Commission to exercise aesthetic judgment and maintain the desirable character of landmarks and historic districts, prevent construction, reconstruction, alteration or demolition out of harmony with existing buildings insofar as style, materials, line and detail are concerned. The intent of such duty is to prevent degradation of property, safeguard public health, prevent fire, promote safety, and preserve local architectural character. In addition to the aforementioned powers, the Historic Commission shall have the power to:
(1)
Employ professional consultants, secretaries, clerks or other such personnel as may be necessary to assist the Commission in carrying out its duties, provided that such expenses are authorized by the Common Council with the approval of the Mayor or designee;
(2)
Adopt rules and regulations as necessary to carry out the duties of the Commission;
(3)
Designate identified structures or resources as landmarks and historic districts;
(4)
Adopt criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts, subject to approval of City Council;
(5)
Conduct surveys of significant historic, architectural, and cultural landmarks and historic districts within the City;
(6)
Formulate recommendations for consideration of the Common Council concerning the preparation of maps, brochures and historical markers for selected historic and/or architectural sites and buildings;
(7)
Increase public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs;
(8)
Advise owners of historic buildings on methods of preservation and restoration;
(9)
Cooperate with and advise the Common Council and other municipal boards and agencies in matters involving historic and/or architectural sites and buildings; and
(10)
Approve, approve with conditions, or disapprove of applications for certificates of appropriateness pursuant to this article.
§ 300-52 Designating and mapping an historic district or landmark.
A.
Designating an historic district. The Historic Commission shall present proposals to the Common Council for the designation of areas as an Historic District. Such areas must meet the following criteria to be considered for designation:
B.
Designating a landmark. The Historic Commission may also present proposals to the Common Council to designate an individual site and/or the building thereon as a "landmark," if it meets the above criteria. Landmarks shall also be subject to the same regulations as properties within a Historic District.
C.
Historic resources survey. Proposals shall be justified in findings presented as a result of an historical resources survey. The survey shall be prepared and conducted as provided under the State of New York, Division for Historic Preservation, Office of Parks, Recreation and Historic Preservation, Historic Resources Survey Manual, Revised Edition 1974, and as revised.
D.
Historic Overlay (HO) District.
(1)
The approval of an historic district or landmark by the Common Council shall result in a special designation upon the City's Official Zoning Map as part of the Historic Overlay (HO) District.
(2)
The underlying zoning district shall determine the permitted uses and area regulations for any one property or landmark designated as part of the Historic Overlay District by the provisions of this chapter.
§ 300-53 Certificate of appropriateness required.
A.
Applicability. No person shall carry out any exterior modification, alteration, restoration, reconstruction, new construction, or moving of a landmark or property within a historic district; nor shall any person make any material change in the appearance of such property, its landscaping, signage, lighting, sidewalks, fences, 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 Commission. However, this shall not be construed to prevent normal maintenance as provided for in § 300-55 of this article.
B.
Application requirement. Prior to the commencement of any work requiring a certificate of appropriateness, the owner and/or their designee shall file an application for such a certificate with the Historic Commission. Each applicant shall submit to the City Clerk an application in such form as the Commission shall determine, including the following:
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Site plan consisting of elevations and drawings prepared to scale and containing necessary details which portray the appearance, arrangement, layout, and design of the site;
(4)
Perspective drawings, including relationship to adjacent properties, if requested by the Commission;
(5)
Samples of colors and materials to be used;
(6)
A scale drawing showing the types of signs to be included, if applicable, including all dimensions and colors and a description of materials, method of illumination, and plan showing the sign's location on the property; and
(7)
Any other information at the request of the Commission that is deemed necessary in order to visualize and properly review the proposed work.
C.
Application procedure.
(1)
The Commission shall review and issue a decision within 62 days from receipt of the completed application. The Commission shall hold a public hearing on the application, in accordance with this chapter, at which an opportunity will be provided for proponents and opponents of the application to present their views.
(2)
In issuing its decision, the Commission may approve, deny, or approve the application with conditions or modifications.
(3)
The decision of the Commission shall be recorded in writing and filed with the City Clerk, who shall thereupon mail a copy of the decision to the applicant. Any and all conditions of approval or reasons for denial of an application shall be included with the written decision.
(4)
No building permit shall be issued for such proposed work until the Historic Commission has first issued a certificate of appropriateness. The certificate of appropriateness required by this chapter 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 Cortland.
(5)
Certificates of appropriateness shall be valid for 12 consecutive months from the date of issuance. Should the applicant fail to act upon the certificate and/or begin construction within this time, they must reapply to the Commission.
D.
Reimbursement for professional services. The City reserves the right to seek the services of engineers, planners, architects, or other professionals to aid the Historic Commission in the consideration of all certificate of appropriateness applications. The applicant shall reimburse the City for all costs incurred from utilizing professional services in the application review process.
E.
Criteria for approval. In reviewing applications for a certificate of appropriateness, the Commission shall test the application against the following review criteria. Failure of the application to be in conformance with any one of these criteria may provide basis for the Historic Commission to deny the certificate of appropriateness. The Historic 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 criteria:
(1)
All existing and proposed exterior architectural and design elements which contribute to the character of the historic structure and/or district are retained, with their historic features altered as little as possible;
(2)
Any alteration of the existing property is compatible with its definitive architectural styling and historic character, as well as with the surrounding district;
(3)
New construction is compatible with the district in which it is located, incorporating contextual design features of the surrounding structures and/or district;
(4)
The scale of proposed alteration or new construction is compatible with the property itself, surrounding properties, and the neighborhood;
(5)
All textures, materials, and colors are consistent with historical architectural detailing and relate to similar features of other properties in the neighborhood; and
(6)
There is a clear 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.
F.
Considerations for decisions. In considering each application, it shall be the duty of the Historic Commission to:
(1)
Exercise aesthetic judgment and maintain the desirable character of the district and prevent construction, reconstruction, alteration or demolition out of harmony with existing buildings insofar as style, materials, color, line and detail are concerned.
(2)
Discourage degeneration of property.
(3)
Safeguard public health, safety and fire prevention.
(4)
Promote and preserve the beauty and historic character of the district.
§ 300-54 Historic Overlay (HO) District design standards and guidelines.
A.
Purpose and intent. The purpose of this section is to ensure compliance of actions requiring a certificate of appropriateness with the 2016 City of Cortland Downtown Design Standards and Facade Renovation Handbook (referred to as the "Handbook"). These standards and guidelines are intended to direct applicants to proper architectural detailing and treatments for the City's historic districts and landmarks. In preparing their application materials, applicants should refer to this section to ensure compliance with City standards. The Historic Commission may also refer to this section to determine the appropriateness of each application, and may deny applications that fail to conform with the following standards.
B.
Facades. The treatment of facades on any existing or proposed structure within the Historic Overlay District shall be in conformance with the following:
(1)
Windows.
(a)
Windows shall be incorporated on all facades to allow for pedestrian safety and flow in addition to easy viewing of merchandise for mercantile businesses. A minimum of 60% of the first floor "pedestrian zone" (two to eight feet above the sidewalk) on the primary facade shall consist of a transparent window area. The Historic Commission may vary this requirement depending on what is historically accurate for each building or district.
(b)
Original window openings shall be maintained. Design proposals should not reduce the glazed area of the storefront unless it is historically accurate. Window openings that were previously reduced or enlarged should be restored. Replacement windows shall fit with existing vertical and horizontal elements.
(c)
Transom windows shall be utilized and maintained in newly constructed and historic structures to add visual interest by creating a horizontal line to break up multistoried structures and address door heights relative to the overall height of the storefront. Transom windows should be restored if they were previously removed or hidden.
(d)
Vinyl windows are prohibited. The use of wood or aluminum-clad wood windows is preferred. The use of dark, anodized-aluminum windows with appropriately dimensioned frame and sash profiles may be used with Commission approval.
(e)
Window frames and sash profiles should be large enough to complement historical trim elements. For existing historic facades, repaired or replaced trim elements shall match the existing material as appropriate and reflect the same dimension and character of the original design.
(2)
Storefronts.
(a)
Large facades, in excess of 50 feet, shall be broken up to address human scale as shown in the Handbook.
(b)
Visual access of at least three feet shall be maintained into storefronts from the pedestrian zone. Storefronts should avoid using displays and signs that obscure views in and out of the windows, including large shelving units with their backs facing the window.
(c)
Proposals should not use vertical blinds or other elements that will block views into storefront windows. For storefronts including professional offices, alternate privacy and shading elements should be incorporated. The use of opaque or tinted glass on first floor storefronts is prohibited. Storefront awnings are encouraged for shade control.
(3)
Doors.
(a)
Doors along the facade shall be composed of uninterrupted full-glass and half-glass doors to allow for visibility in and out. The material of such doors shall be wood or approximate wood in profile and character. Vinyl doors are prohibited. Steel doors shall be used only when historically appropriate.
(b)
Exterior doors that lead to residential second floors may be stile-and-rail doors without glass. Half-glass doors and doors without glass should appear as "secondary" doors to pedestrians as compared to the full glass doors that lead to first floor uses.
(c)
Original door openings shall be maintained. Door openings that were previously enclosed should be restored. Replacement doors shall fit with existing vertical and horizontal elements.
(4)
Upper floor facades.
(a)
Original exterior window and door openings shall be restored. Replacement windows shall be wood or aluminum-clad wood windows, unless otherwise approved by the Historic Commission. Vinyl windows are prohibited. With Commission approval, window openings that cannot be restored shall be filled in to match the exterior finish with brick or false shutters.
(b)
Original window frames, sashes, transoms, lintels, and hoodmolds shall be restored. Interior, removable storm windows may be used to increase the energy efficiency of existing single-pane windows. Storm windows should have minimal profiles so that original divided lights are clearly visible. Dark, anodized aluminum windows with historic frame and sash profiles may be incorporated with Historic Commission approval.
(c)
A minimum of 25% of the upper floor facade shall incorporate transparent glass openings.
(d)
Window unit air conditioners and satellite dishes shall not be installed on primary facades.
(e)
Original shutters should be restored. If not historically present, shutters are discouraged. New shutters should be made of wood, composite wood, or a dimensionally similar, or paintable alternative. Vinyl shutters are prohibited.
(f)
Shutters should be located and sized to fit the window they serve. Though shutters may be fixed, the shutters should be large enough to fully cover the window as if they may be operable.
C.
Awnings.
(1)
Awnings shall be sized relative to the window and/or door openings that they are sheltering to maintain vertical separations. Awnings may have a triangular or curved profile and may be fixed or retractable. The shape of the awning should be determined by the style of the building and the area that it is shading.
(2)
The bottom of awnings shall provide a minimum clearance of eight feet from the sidewalk.
(3)
Awnings shall not project over the sidewalk more than five feet or one-half of the width of the sidewalk, whichever is smaller.
(4)
Prefabricated metal awnings are prohibited.
D.
Materials.
(1)
Whenever possible, original building materials shall be repaired rather than replaced with new materials. Brick sealer may be applied to protect the restored brick.
(2)
When required, original materials, decorative concrete, brick pavers, and other historic finishes shall be replaced as originally constructed.
(3)
The painting of brick shall be prohibited, unless otherwise approved by the Historic Commission. Where brick buildings have already been painted, it may be permissible to repaint the existing brick.
(4)
The use of thin veneer, fake brick, or stone applications that do not accurately represent the character of the historic building or material shall be prohibited.
(5)
The use of vinyl and metal siding shall be prohibited. Acceptable materials include wood, fiber-cement board, and brick. Metal materials may be utilized with Historic Commission approval.
(6)
The covering of original building materials, columns, cornices, sills, lintels, windows, doors, bulkheads, or panel detailing shall be prohibited.
(7)
All gutters and downspouts shall be galvanized steel, aluminum, copper or an Historic Commission approved substitute with a period and style correct shape, such as "half-round." Residential "K-style gutters" are prohibited as they create unwanted horizontal lines that may detract from the building trim and detailing.
(8)
Whenever possible, traditional roofing materials, such as real cedar, slate, or standing seam metal shall be used. The use of asphalt shingles is discouraged as they are less durable, will produce more heat, and are not historically accurate.
(9)
Structural, concealed decking and handrails where located in direct contact with concrete, masonry, or the ground may utilize pressure treated lumber.
(10)
All decking and handrail materials shall be stained, painted, or natural species of wood, such as fir, cedar, and ipe. Composite decking may be utilized with Historic Commission approval.
E.
Colors. Structures within the Historic Overlay District should customize a color palette as a tool to facilitate a unified character and community cohesiveness. Colors should differentiate the building without detracting from the cohesive character of the district as a whole. A palate of acceptable colors can be found in the 2016 City of Cortland Downtown Design Standards and Facade Renovation Handbook.
(1)
Historic structures should utilize historic color palates with complementary colors and consistent tones. Avoid duplicating the colors of adjacent buildings.
(2)
For buildings that are completely painted, two to three colors for different building elements are encouraged. One color will act as a base color for the majority of the facade (for painted brick or wood facades). The second color should be used for secondary elements like sign boards or medium sized elements such as columns or bulkhead paneling. The third color should be used to highlight cornice and/or column detailing.
(3)
Where brick condition allows, brick shall not be painted. The natural color of the brick should be considered in the overall color scheme of the structure.
(4)
Colors and stains for window trim and frames should be considered as part of the proposed color scheme for the entire structure.
F.
Detailing. Applicants and the Historic Commission shall refer to the Handbook for more direction on maintaining and enhancing architectural detailing as it contributes to the unique character of the Historic Overlay District.
(1)
When feasible, design should reference original fragments of the existing facade in order to reestablish its own recognizable, authentic identity.
(2)
Visual separation between first and second stories shall be provided. This separation may consist of decorative trim, awnings, or a change of material with added relief to create a shadow line that delineates the top of the first story.
(3)
Original trim, cornices, columns, lintels, brackets, parapets, hoodmolds, and other architectural details should not be covered or removed.
(4)
Original building dates and carved stone work shall be maintained and enhanced as required by the Historic Commission.
(5)
Snowguards and snow-rails may be used to prevent piles of snow from falling onto the street and/or sidewalk.
G.
Single-story, nonhistoric and newly constructed buildings.
(1)
Applicants shall utilize the following design principles to ensure their facade(s) contribute to the detail and architectural quality of the district.
(a)
Provide depth and "layering" of facade elements for an increased visual aesthetic;
(b)
Focus on human or pedestrian-scaled architectural treatments and detailing;
(c)
Promote street-level activity and interest via transparency, window and door openings, and design;
(d)
Utilize a traditional presence of transparency along the primary facade, with a high level of transparency along the first floor and reduced transparency above; and
(e)
Ensure high quality and durability of design through selection of materials.
(2)
Single-story structures shall utilize parapet or cornice detailing to establish a rhythm of visual interest with adjacent single-story buildings and create the appearance of a contiguous block.
(3)
Fabric awnings can help add detail and dimension to facades that lack more traditional cornice, lintel, and column detailing.
(4)
Newly constructed buildings with the Historic Overlay District shall be in conformance with the facade, awning, material, color, detailing, and sign regulations of this section, unless otherwise approved by the Historic Commission.
(5)
Where feasible, the Historic Commission may condition newly constructed buildings in the Historic Overlay District to be built up to the sidewalk or provide a reduced setback than otherwise required on primary streets. This condition shall not require the issuance of a variance from the Zoning Board of Appeals if it is found to be in conflict with the underlying zoning district's setback requirements.
H.
Signage. The following regulations shall apply to commercial signage within the Historic Overlay District. Graphical guidance for signage can be found in the Handbook.
(1)
Signboards.
(a)
Signboards above storefront windows or awnings should not cover second floor windows and should be in proportion with the overall height of the building.
(b)
If both an awning and sign are present on a facade they shall be placed so as to not interfere with visibility to the sign.
(c)
Signboards on multistory buildings shall not exceed 7% of the overall building height.
(d)
Signboards on single-story structures should run the full width of the building. The height of these signboards shall be no more than 25% of the overall building height.
(e)
Lettering or signboards shall not be placed at the second floor portion of the facade and should not use lettering or signage that is oversized for the particular facade.
(f)
Signboards should be wood or fiber cement board panels for mounting raised letters or signs. Carved, dimensional signs are preferred. Signboard lettering should have a minimum depth of 1/2 inch.
(2)
Perpendicular and hanging signs.
(a)
Perpendicular signs shall not project more than four feet from the building facade.
(b)
There shall be a minimum clearance of eight feet from the bottom of the sign to the sidewalk. The top of the sign shall not exceed a height of 12 feet above the sidewalk.
(c)
Signs shall not exceed a surface area of 12 square feet per side, but may take on various shapes.
(d)
Signs should be suspended from horizontal standards or brackets mounted to the building. The actual signboard should not touch the building face.
(3)
Window signs. Window signs shall be organized and applied so as to not clutter or prohibit viewing into the building. Window signs shall not cover more than 25% of each window area and, if solid, cover no more than four square feet of area per window, whichever is less.
(4)
Freestanding lawn signs. The sign shall me no more than six feet in height and conform to the required setbacks of the underlying district.
(5)
Wall signs. Wall-mounted signs should be carved wood and should be mounted near the main entrance. Wall-mounted signs shall not cover windows.
(7)
Additional sign regulations.
(a)
Neon "open" signs are discouraged. In special cases, vintage neon signs would be deemed acceptable. Any new and creative use of neon signs may be allowable with approval by the Historic Commission.
(b)
All signs should coordinate and compliment the color scheme of the building and or block.
(c)
Internally lit signs and digital LED signs are prohibited. External illumination is permitted. Lit signs should have lighting cast onto the surface of the sign and should not be backlit.
(d)
Signs may be lit with either fluorescent linear or gooseneck lights. Fluorescent linear lights should match the traditional incandescent range of warm, consistent colors (2,000K - 4,000K).
§ 300-55 Maintenance of landmarks and historic district properties.
A.
In an effort to ensure the quality and value of City of Cortland landmark and historic district properties is preserved, the following maintenance standards shall be applied to properties within the Historic Overlay District. The intent is not to preclude property owners from pursuing their own maintenance and repair efforts, but rather ensure that all landmarks and properties located within the Historic Overlay District are maintained to a consistent standard.
B.
Nothing in this section 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. Nor shall anything in these provisions be construed to prevent the construction, reconstruction, alteration or demolition of any such feature which the Building or Zoning Code Enforcement Officer shall certify is required in the interests of the public safety due to an unsafe or dangerous condition, and nothing in this section shall be construed to prevent normal lawn maintenance, gardening, shrub and tree planting.
C.
No owner or person with an interest in property designated as a landmark or included within a historic district shall permit the property to fall into a state of disrepair so as to result in the loss of any exterior architectural feature which would, in the judgment of the Historic Commission, produce a detrimental effect upon the character of the district as a whole or the life and character of the property itself. Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal supports.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco, masonry elements, 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 that could lead to the claim that demolition is necessary for the public safety.
D.
Masonry elements require routine maintenance to preserve or restore their prime condition. Before performing any masonry or brick work, reference to the National Parks Service Technical Preservation Services preservation briefs is strongly encouraged.
E.
When signs of weathering appear on painted facades (peeling, chipping, flaking, etc.), the repainting of said weathered areas shall be required. Repainting shall include scraping the surface clean and applying a fresh coat of primer and paint. When repainting masonry, complete any and all necessary repairs first and let the masonry fully dry before applying fresh coats of paint.
F.
Damaged windows or other openings may not be boarded for more than 30 days. When windows crack or break, they shall be replaced. Caulking around windows and other openings should be kept in good condition to extend the life of the windows and adjacent building materials.
G.
Signage shall be removed or replaced if it is damaged or becomes obsolete.
H.
Abandoned or obsolete utility infrastructure attached to the exterior of buildings shall be removed within 30 days of the expiration of their utility.
I.
Sidewalks on Historic Overlay District properties should be kept clean, free of clutter, and in good condition.
J.
Property owners shall remove unwanted graffiti at their own expense within 30 days of written notice by the Zoning Officer.
K.
Ripped or tattered awnings shall be repaired or replaced. It is recommended that faded awnings be replaced.
§ 300-56 Recognition of hardship for certificate of appropriateness.
A.
Hardship relief. An applicant whose certificate of appropriateness for a proposed alteration has been denied by the Historic Commission may apply for relief on the ground of hardship.
B.
Hardship criteria. 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.
C.
Hardship application procedure.
(1)
After receiving written notification from the Historic Commission of the denial of a certificate of appropriateness, an applicant may submit a written application for recognition of hardship by the Commission.
(2)
No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.
(3)
The Commission may 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.
(4)
The applicant shall consult in good faith with the Historic Commission, local preservation groups, and interested parties in a diligent effort to seek an alternative that will result in conformance with a certificate of appropriateness for the property.
(5)
All decisions of the Historic Commission regarding recognition of hardship 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. 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.
§ 300-57 Demolition considerations.
A.
Purpose and intent. The purpose of this section is to preserve existing structures that significantly contribute the character or historical significance of City of Cortland landmarks and properties located within the Historic Overlay District. This section includes the expectation that owners will assume the role of caretakers for historic structures, with responsibility for maintaining and protecting historic buildings. Furthermore, this section shall have no limitation on the City's ability to take whatever action necessary to protect the health, safety, and welfare of the public.
B.
Demolition approval. The demolition of any landmark or historic structure within the City is considered an unlisted action under SEQR. Site plan approval of a proposed redevelopment plan for the property must be obtained from the Planning Commission prior to the issuance of a demolition permit. The Historic Commission shall grant the demolition and issue a demolition permit when the applicant submits suitable evidence that one or more of the following conditions exists:
(1)
The structure contains no features of architectural and historical significance contributing to the character of the district within which it is located.
(2)
The reasonable economic use for the structure as it exists or as it might be preserved is of such minimal level, and the reuse value of the property without the structure is of such level, that there exists no feasible and prudent alternative to demolition.
(3)
Deterioration has progressed to the point where it is not economically feasible to preserve and reuse the structure consistent with the standards of this article.
(4)
The proposed redevelopment is consistent with the purpose and objectives of this article.
C.
Historical significance. The Historic Commission will also consider the structure's architectural character, historical significance, and physical condition and whether prohibiting demolition will deny the owner of economically viable use of their land. Principal structures will be afforded more protection than accessory buildings.
D.
Safety hazards. The Historic Commission may grant relief from this provision if the structure is deemed to be an immediate and irreparable safety hazard by the Building or Zoning Code Enforcement Officer.
E.
Demolition without permit. Property owners who demolish buildings designated as landmarks or located within the Historic Overlay District without obtaining approval shall be required to rebuild the structure to its original historical specifications. All expenses incurred as a result of said demolition and rebuild requirements shall be the responsibility of the property owner.
F.
Hardship criteria for demolition. An applicant whose application for a demolition permit has been denied by the Commission may apply for relief on the ground of 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)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
§ 300-58 Enforcement and appeals.
A.
Enforcement. All work performed pursuant to a certificate of appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the Building or Zoning Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, the Building or Zoning 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.
B.
Appeals. Any aggrieved person by the Historic Commission may appeal the decision to the City's Zoning Board of Appeals. The standing for which shall be determined by the same standard as New York State General City Law utilizes for review of a zoning variance decision.
(1)
Notice for appeals must be made within 30 days of the written decision of the Historic Commission having been filed with the City Clerk. Such notice of appeal shall identify all provisions of the decision appealed.
(2)
Within 30 days of the receipt of a written notice of appeal, the Zoning Board of Appeals shall hear such appeal. The public hearing must be noticed at least five days in advance.
(3)
The Zoning Board of Appeals shall notify the Historic Commission with a request to the Historic Commission to appear and support its decision at a public hearing. The Zoning Board of Appeals shall consider the presentation of representatives of the aggrieved person, the Historic Commission, and anyone from the general public who desires to comment.
(4)
The Zoning Board of Appeals shall render its decision within 30 days from the closing of the public hearing. The Zoning Board of Appeals may only overrule the Historic Commission's decision by a majority plus one vote, and in such a case its reasons for such a decision must be articulated in its written decision.