Rochester City Zoning Code
ARTICLE 14
Historic Overlay District HOD
§ 275-14.1 Table of contents.
§ 275-14.1. | Table of contents |
§ 275-14.2. | Purpose and intent |
§ 275-14.3. | Applicability |
§ 275-14.4. | Historic District Commission |
§ 275-14.5. | Definitions |
§ 275-14.6. | Designation of Historic District |
§ 275-14.7. | Identification of Historic District |
§ 275-14.8. | Delineation of Historic District |
§ 275-14.9. | Effect of inclusion in Historic District |
§ 275-14.10. | Development involving property within Historic District |
§ 275-14.11. | Historic District demolition permit |
§ 275-14.12. | Historic District relocation permit |
§ 275-14.13. | Determination of hardship |
§ 275-14.14. | Demolition by neglect |
§ 275-14.15. | Appeals |
§ 275-14.16. | Enforcement |
§ 275-14.2 Purpose and intent.
A.
This article is established by the Rochester City Council pursuant to and in accordance with NH RSA 673:4 and 674:44a through 674:50. The purpose of the Rochester Historic Overlay District is to promote the general welfare of the community by:
(1)
Safeguarding the cultural, social, political, and economic heritage of the City;
(2)
Fostering the preservation, restoration, and rehabilitation of structures and places of historic, architectural, and community value;
(3)
Fostering civic pride in the beauty and noble accomplishments of the past;
(4)
Furthering the attractiveness of the City of Rochester to home buyers, tourists, visitors, and shoppers, thereby providing economic benefit to the City;
(5)
Conserving and improving the value of property in the District; and
(6)
Enhancing opportunities, where applicable, for financial benefits for owners of historic properties through grants, low interest loans, tax credits, and other tax benefits.
B.
New construction is an essential process in a vital community, representing the current phase of an evolution that has been ongoing since the settlement of Rochester. There are a number of ways of designing new buildings and additions that will meet the objectives of this article. State of the art contemporary architecture is appropriate, and encouraged, provided that it is respectful of the historic fabric of the District.
§ 275-14.3 Applicability.
This article applies to all properties located within the boundaries of the Historic Overlay District.
§ 275-14.4 Historic District Commission.
A.
Membership.
(1)
Composition. The Historic District Commission shall consist of seven regular members and up to five alternate members. Two seats among the regular members are designated for one member of the City Council and one member of the Planning Board, respectively. Likewise, two seats among the alternate members are designated to one member of the City Council and to one member of the Planning Board, respectively, which two alternate members may only sit for the regular City Council and Planning Board members, respectively. All Commission members shall be appointed in accordance with the provisions of Section 74 of the Rochester City Charter.
(2)
Qualifications. All members shall be residents of the City of Rochester. In reviewing the qualifications of a candidate for the Commission, the Council/Planning Board shall consider his/her demonstrated interest and experience in, and knowledge of, historic preservation and his/her ability to administer this article consistent with its purpose and intent. To the extent that such persons are available the Council/Planning Board shall seek members with backgrounds or interest in the fields of architecture, planning, historic preservation, history, archaeology, anthropology, engineering, construction, real estate, and law. At least one member shall live or work in the Historic District.
(3)
Appointments. The members of the Historic District Commission shall be appointed for terms of three years. Initial appointments shall be staggered so that subsequent terms will not be coterminous.
B.
Powers and duties. The Historic District Commission shall have the following powers and duties:
(1)
Applications. Reviewing and approving, approving with conditions, or denying applications for certificates of approval.
(2)
Consultation. Calling upon City staff, citizens, abutters to applicants, and professionals, as it sees fit, for input, consultation, and recommendations on matters before the Commission.
(3)
Surveys. Conducting small area or community-wide surveys of historic, architectural, and cultural resources.
(4)
National register. Nominating structures and districts for listing in the National Register and reviewing all proposed National Register nominations within the City; keeping a record of all properties which are included in the local historic districts, listed in the National Register, and determined eligible for National Register listing.
(5)
Planning. Preparing historic resources components of local master plans and ensuring that historical resources are considered at every level of local decision-making.
(6)
Advice and advocacy. Advising other agencies of local, state, and federal government regarding, and advocating on behalf of, the identification, protection, and preservation of local historic, architectural, archaeological, and cultural resources.
(7)
Liaison. Acting as a liaison between local government and individuals or organizations concerned with historic preservation.
(8)
Other applications. Commenting on applications for site plan/subdivision approval, zoning amendments, variances, special exceptions, and other approvals affecting property in the Historic District or other historic resources.
(9)
Amendments. Investigating and recommending to the Planning Board and City Council amendments to this article and appropriate areas for designation as historic districts.
(10)
Education. Educating individual members of the Commission, municipal officials, property owners, and the public about the historic district and historic preservation.
(11)
Signage and recognition. Developing and administering a system of markers and monuments recognizing individual properties and the district and acknowledging special contributions toward historic preservation by members of the community.
(12)
Budget. Developing and submitting an annual request for funds to the City Council if desired. Subject to the availability of funds, the Commission may retain consultants.
(13)
Rules and regulations. Adopting, and from time to time amending, rules and regulations which are consistent with the intent of this article and appropriate state statutes.
(14)
Other. Undertaking any other appropriate action or activity necessary to carry out its mission as embodied in this article.
§ 275-14.5 Definitions.
The following definitions apply to this article only.
Any structure having a roof and intended for the shelter, housing, or enclosure of persons, animals, or personal property.
Also known as an "historic property." A property that contributes positively to the Historic Overlay District's architectural quality and integrity as a result of its location, design, history, condition, quality, age, materials, workmanship, feeling, and/or association.
This encompasses the building itself and those individual elements which are integral to the building and are visible on the exterior. It includes colors, materials, texture, arrangement, architectural detailing and trim, the roof, windows, doors, foundation, steps, ramps, porches, decks, awnings, hardware, and light fixtures.
A situation where denial of the applicant's request to perform particular work upon a specific property that is not in conformance with the standards of this article would cause substantial difficulty for the applicant due to significant financial expense, loss of use of the property, diminution in the usability of the property, or impairment of the ability of an existing business to function effectively. (Note that this definition is different from the concept of hardship used elsewhere in this chapter regarding applications for variances.)
Also known as "Historic District" and "District." An overlay zone district as described in this chapter.
The shapes, sizes, and arrangement of the three-dimensional forms that compose a building.
A property which, due to its recent vintage (generally less than 50 years), incompatible design, incompatible and irretrievable alterations, or deteriorated condition, would not be considered to contribute to that character or quality of the District which the City seeks to preserve.
The relation of one dimension to another, such as the height of a window compared to its width. Proportion affects visual order through coordination of such elements as height, width, depth, and spacing.
A road, sidewalk, footpath, trail, park, or navigable waterway owned by the City of Rochester or another governmental agency and intended to be accessible to the public.
The perception of the size of a building or building element relative to the human body or other buildings or objects in the vicinity.
Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground. Examples include buildings, fences, walls, signs, and light fixtures.
Sensitive to, evocative of, or harmonious with any particular style of architecture established prior to 1950 or the prevailing patterns, forms, or styles of architecture dating from the original settlement of the United States up to 1950.
§ 275-14.6 Designation of Historic District.
A.
Procedures for designation. The Rochester Historic District functions as a zoning overlay district. It is the role of the Historic District Commission to evaluate properties within the overlay district and to designate specific properties as contributing properties. The District boundaries may be amended and new historic districts may be designated and delineated following the amendment procedure described in this chapter[1] with the provision that:
(1)
The Historic District Commission may initiate such amendments;
(2)
The Historic District Commission shall have an opportunity to comment on any such proposed amendments prior to enactment by the Codes and Ordinances Commission and by City Council; and
(3)
The Historic District Commission shall designate individual lots or parcels of land within the overlay district as contributing property upon determination by the Historic District Commission that the criteria for designation within this section are met.
B.
Criteria for designation. Any building, group of buildings, site, property, group of properties, or area (collectively referred to herein as "site") proposed for inclusion in the Rochester Historic District should generally (but not necessarily) be at least 50 years old and possess one or more of the features listed below. These criteria should be considered when the Commission, Planning Board and/or City Council deliberate the enlargement or reduction of an existing district or the creation of a new district. In any district which contains multiple properties or structures, not every property or structure need meet these criteria; rather the district overall should embody a meaningful degree of continuity, cohesiveness, integrity, and a prevailing conformance with one or more of the criteria.
(1)
The site embodies distinguishing characteristics of, or high quality in, design, detailing, materials, craftsmanship, or a particular architectural style.
(2)
Its antique age, good condition, and special features make it worthy of preservation.
(3)
Its unique location and characteristics make it an established and appreciated element or visual landmark for the community.
(4)
The site is identified as the work of a master builder, designer, architect, engineer, or landscape architect whose individual work was influential in the development of the City of Rochester, region, state, or nation.
(5)
The site contributes to the visual continuity of the District.
(6)
One or more significant cultural, social, political, economic, or military events in the history of the City of Rochester, region, state, or nation occurred at the site.
(7)
The site is identified with a person or persons of historic significance.
§ 275-14.7 Identification of Historic District.
A.
This district may be referred to as the "Historic Overlay District, "HOD," or "Rochester Historic District." A Zoning Map of the Rochester Historic District," as amended, which shows the Historic Overlay District, is hereby incorporated as part of this article and is on file with the City Clerk. Within the District are contributing and noncontributing buildings as identified by the Historic District Commission and on file with the City of Rochester Planning and Development Department. The Zoning Map and all the notations, references, district boundaries, and other information shown thereon shall be as much a part of this article as if all were fully described therein. See § 275-14.8 which lists properties in the district by Assessor's Map and lot numbers.
B.
Surveys, maps and historic context papers. The Planning and Development Director or designee shall conduct or cause to be conducted such preliminary surveys, studies or investigations as deemed necessary or advisable to adequately inform the Historic District Commission of those properties located within the City which represent Rochester's history. The Planning and Development Director or designee shall memorialize the results of surveys, studies and investigations in a series of historic inventory forms, maps and/or historic context papers. Said inventory forms, maps, and context papers shall be maintained by the Planning and Development Department and shall be made available for public inspection at all reasonable times. These resources shall be referenced by the Historic District Commission when reviewing applications for changes or boundary adjustments within the Historic Overlay District.
§ 275-14.8 Delineation of Historic District.
The Rochester Historic District is defined as that area made up of the lots listed below as delineated on the Rochester Tax Maps. Unless otherwise noted or shown on the map, all of the land composing each lot shall be considered to lie within the District. The District also includes all City property necessary to make a contiguous district. (Note that in the case of discrepancy between the Zoning Map and this list of lots, the Zoning Map shall be determining.) Lots in the District include:
§ 275-14.9 Effect of inclusion in Historic District.
A.
Approvals required. Any development involving properties included within the boundaries of the Historic Overlay District, unless determined exempt, requires the approval of a certificate of no negative effect or a certificate of approval before a building permit or any other work authorization will be issued by the City.
C.
Design guidelines.
(1)
The Historic District Commission has adopted design guidelines, hereinafter referred to as "the guidelines." These guidelines set forth the standards necessary to preserve and to maintain the historic and architectural character of the Historic Overlay District. The standards apply to the exterior features of properties within the District and are intended to offer assistance to property owners undertaking construction, rehabilitation, alterations, or other exterior changes. The guidelines will be periodically reviewed by the Historic District Commission and amended at a public hearing as needed.
(2)
The guidelines will be used in the review of requests for certificate of no negative effect or certificates of appropriateness. Conformance with applicable guidelines is strongly recommended for the approval of any proposed project.
(3)
The guidelines effectively replace the architectural regulations under the site plan regulations for properties located within the Historic Overlay District. The architectural regulations and site plan regulations and associated reviews do not apply.
D.
Special consideration for contributing and noncontributing buildings within the Historic District. To preserve and maintain the historic and architectural character of the District, the Historic District Commission or City Council may approve variations from the requirements set forth in the Land Use Code and may make recommendations to the Chief Building Official who has the authority to grant certain exceptions from the International Building Code (IBC) through the provisions of the International Existing Building Code (IEBC).
E.
To the extent practicable and appropriate, as determined by City staff and the Commission, applicants may file applications for various permits, to the Planning Board, Zoning Board of Adjustment, Building Department, etc., simultaneously, or in any appropriate order, in order to save time. This provision, however, shall not be construed in a manner which would prevent the Commission from conducting a thorough review as it sees fit.
F.
All City authorities, including the Historic District Commission and City Council, are authorized to grant economic and developmental benefits to historic properties within the Historic District.
G.
In cases where the Historic District Commission has purview, the Planning Board shall not have jurisdiction over architectural design. The architectural regulations under the site plan regulations shall not apply. Nonetheless, the Planning Board shall review all other elements of a site otherwise subject to its review.
H.
Property owned by the City of Rochester shall be subject to review and approval by the Commission in like manner to all other property in the City situated within the district; provided, however, that a vote by 2/3 of the total membership of the Rochester City Council may override any vote of the Commission pertaining to land or property owned by the City of Rochester.
§ 275-14.10 Development involving property within Historic District.
No building, structure, significant ground disturbance or sign may be constructed, altered, repaired, relocated or otherwise improved within the boundaries of the Historic Overlay District until sufficient information is submitted to the City of Rochester Planning Office and approved in accordance with the procedures established within the Municipal Code.
A.
Exempt activity. A certificate of appropriateness or certificate of no negative effect shall not be required for the following activities. A project may be subject to other requirements within this chapter.
(1)
Work completed on a single-family or duplex building within the Historic Overlay District.
(2)
Structures which are not buildings as defined in this article (such as light poles, street furniture, and fences).
(3)
Work performed on the interior of buildings that does not effect the exterior appearance.
(4)
Land uses. Land uses are not be regulated through this article herein nor by the Commission. Permitted uses are set forth elsewhere in this chapter. However, in cases where the applicant is unable or unwilling to develop a design which conforms to the guidelines and requirements herein because of unusual constraints in the nature of the proposed use, the Commission is by no means required to issue a certificate of approval simply to accommodate that permitted use. (Example: A gasoline station might be permitted in the Historic District, but if no design is presented for which the appearance of the canopy and the pump stations meet the standards of this article, then the application should be denied, even though this specific permitted use may thereby be precluded.)
(5)
Elements which are appurtenant to a building but which are not integral to the building, including antennas, satellite dishes, flagpoles, mailboxes, window air conditioning units, and similar elements.
(6)
Installation or removal of any plants.
(7)
Color of paint or stain of wood siding with the condition that the paint color or stain is from an approved historic paint color palette. Refer to the City of Rochester Planning Staff for approved historic paint color palettes.
(8)
Installation of pavement or other impervious or semi-impervious material in an already established parking area.
(9)
Minimally intrusive work that does not adversely affect the historic character of the property or District as determined by Planning Staff.
B.
Certificate of no negative effect.
(1)
An application for a certificate of no negative effect may be made to the City of Rochester Planning and Development Department for approval of work that has no adverse effect on the physical appearance or character-defining features of a property located within the Historic Overlay District. An application for a certificate of no negative effect may be approved by the Planning and Development Director or designee with no further review if it meets the requirements set forth below.
(a)
The Planning and Development Director or designee shall issue a certificate of no negative effect within 14 days after receipt of a complete application if:
[1]
It is determined that the activity is an eligible work item and meets the City Historic Preservation Design Guidelines; and
[2]
Any modifications to the proposed work requested by the Planning and Development Director or designee are agreed to by the owner/applicant; and
[3]
The proposed work will not diminish, eliminate or adversely affect the significant historic and/or architectural character of the subject property or Historic District in which it is located.
(b)
An application for a certificate of no negative effect shall include the following:
(c)
The following work shall be considered for a certificate of no negative effect:
[1]
Replacement of architectural features which creates no change to the exterior physical appearance of the building or structure.
[2]
Installation of awnings on historic properties.
[3]
Signs.
[4]
Alterations to noncontributing buildings within the Historic Districts that have no adverse effect on its historic or architectural character.
[5]
Alterations to non-street-facing facades on contributing buildings within the Historic District that have no adverse effect on its historic or architectural character.
[6]
Small structures or additions of 250 square feet or less in size.
[7]
Installation of site improvements, such as walkways, patios, decks, or similar significant features.
(2)
In the event that the Planning and Development Director or designee determines that the issuance of a certificate of no negative effect is not appropriate or the design guidelines are not met, the owner may apply for a certificate of appropriateness from the HDC.
C.
Certificate of approval. An application for a certificate of approval shall be submitted to the Rochester Historic District Commission through the Planning and Development Department no fewer than 10 days prior to a Commission meeting. However, upon an affirmative vote of at least four members of the Commission this deadline may be reduced on a case-by-case basis for good cause.
(1)
Intent. It is the intent of this article to make the review process as simple and pleasant as practical. The applicant need only submit those materials which the Commission reasonably determines are necessary to conduct an appropriate review.
(a)
On small or straightforward projects submission of the application, a letter of intent, a verbal description, and/or one or more sketches drawn by the applicant may suffice.
(b)
In the case of more elaborate proposals or those potentially having a significant impact upon sensitive properties, any or all of the materials listed below may be required as the Commission sees fit. While the use of an architect is not required under this article, there will be many situations where it will be difficult to provide appropriate drawings and to meet the objectives of this article without the use of an architect, particularly where new construction or additions are involved.
(c)
Applicants are encouraged to speak with the Planning and Development Department prior to preparing an application package to get a preliminary sense of which of the items below might not be needed.
(2)
Application requirements.
(a)
The application package may include any or all of the items listed below as stipulated by the Historic District Commission:
[2]
Site plans drawn to scale clearly depicting existing conditions and proposed work.
[3]
Elevation drawings to scale of each affected facade of the building clearly depicting existing conditions and proposed work.
[4]
Detail drawings of appropriate elements (such as the balustrade for a handicapped ramp).
[5]
Photographs of each impacted side of the building.
[6]
Sample, swatch, and/or manufacturer's cut sheet of materials to be used (such as a brick), as appropriate.
[7]
A written description of how the project meets the applicable design guidelines.
[8]
Any other items which the Commission may reasonably need to conduct its review.
(b)
No fees of any kind shall be charged for applications to the Commission or to cover any of the costs of reviewing the application.
(3)
Procedures for review of the application. Recognizing that a lengthy approval process can be costly to landowners, developers, and business owners, the Commission shall seek to take final action at its earliest reasonable opportunity, which in many cases will be at the first regular meeting of the Commission at which the application is presented.
(a)
The Planning and Development Director or designee shall review the application materials submitted for certificate of appropriateness approval and request additional information as necessary.
(b)
Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the design guidelines and other applicable Land Use Code sections. This report will be transmitted to the HDC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HDC will review the application, the staff analysis report and the evidence presented at the hearing to determine the project's conformance with the design guidelines.
(c)
Action by Historic District Commission.
[1]
The Historic District Commission shall take action, i.e., to approve, approve with conditions, or deny, on all applications within 65 days of the meeting at which the Commission accepts the application as complete. This time frame may be extended either by consent or request of the applicant or upon formal request from the Commission to, and written authorization from, the City Manager for an additional period not to exceed 65 days.
[2]
Failure by the Commission to act within the period of time specified above (with or without extensions) shall be deemed to constitute approval of the application as submitted. A certificate of approval shall be effective for two years after the date of approval. If an applicant has not secured a building permit within that time frame, or has not substantially commenced work in cases where no building permit is required, the certificate shall lapse. The Commission may grant extensions as it reasonably determines appropriate.
(d)
Meetings of the Historic District Commission are public meetings and may require notice to the public as specified in New Hampshire State Statute and the City of Rochester Municipal Code. The public is encouraged to attend. When notice is required, the Planning and Development Department shall process notices for public hearings.
(e)
The Commission may seek advice from such professional, educational, cultural, or other resources as is deemed necessary.
(f)
The HDC may approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny. The Commission may make nonbinding recommendations to the applicant on elements outside of its purview, such as on paint, color of wood, parking lot layout, or planting materials. The Commission shall notify the applicant of its decision. When an application is rejected as being incomplete or denied, the reason(s) for the decision shall be conveyed to the applicant and clearly stated in the record of proceedings of the Commission. Any steps recommended to remedy deficiencies or flaws in the proposal shall also be conveyed to the applicant.
(g)
A monitoring committee comprised of two representatives from the Commission shall be assigned to the approved project to oversee and approve amendments that may arise during construction.
D.
Amendments. There are two processes for amending plans approved pursuant to a certificate of appropriateness. All requests for amendments must be in writing and accompanied by drawing(s) and elevations as specified below.
(1)
Insubstantial amendments.
(a)
Insubstantial amendments are minor modifications to HDC approved plans that:
[1]
Address circumstances discovered in the course of construction that could not have been reasonably anticipated during the approval process; or
[2]
Are necessary for conformance with building safety or accessibility codes and do not materially change the approved plans; or
[3]
Approve specific building materials, finishes, design of ornamental trim and other such detail not provided in the HDC approved plans: or
[4]
Change the shape, location or material of a building element or feature but maintain the same quality and approximate appearance of that found in the approved plans.
(b)
The Planning and Development Director or designee and the monitoring committee may authorize amendments to approved plans. Decisions of the Planning and Development Director or designee or monitoring committee are binding.
(2)
Other amendments. The Planning and Development Director or designee or monitoring committee may determine that the proposed changes do not meet the design guidelines and remand the matter to the HDC for a decision by the Commission. Approval of amendments by the Planning and Development Director or designee and the monitoring committee shall be reported to the HDC at their regularly scheduled meetings.
§ 275-14.11 Historic District demolition permit.
It is the intent of this article to preserve the historic and architectural resources that contribute to the history of Rochester. Consequently no demolition of any properties within the Historic Overlay District shall be permitted unless approved by the HDC in accordance with the standards set forth in this section.
A.
Exempt activity.
(1)
Demolition of a single-family or duplex building within the Historic Overlay District.
(2)
Demolition of structures which are not buildings as defined in this article (such as light poles, street furniture, and fences).
(3)
Demolition work performed on the interior of buildings that does not effect the exterior appearance.
(4)
Demolition of elements which are appurtenant to a building but which are not integral to the building, including antennas, satellite dishes, flagpoles, mailboxes, window air-conditioning units, and similar nonhistoric elements.
B.
Procedures for demolition of properties within the Historic Overlay District.
(1)
Application.
(a)
An application for an historic district demolition permit for properties within an Historic District will be filed with or referred to the Planning and Development Director or designee by the Director of Building, Zoning and Licensing Services. The applicant will be provided a written response within 14 days of the request for a demolition permit describing the submittal materials needed for consideration. An application for demolition approval shall include:
[1]
Written documentation that the Director of Building, Zoning and Licensing Services has determined the building an imminent hazard that cannot be repaired; or
[2]
Narrative text, graphic illustrations or other exhibits that provide evidence that the building, structure or object is of no historic or architectural value or importance.
(b)
The staff shall review the submittal material and prepare a staff report that analyzes the request relative to the criteria for approval.
(2)
Review procedures.
(a)
Criteria to be met.
[1]
The HDC shall review the application, the staff report and hear evidence presented by the property owners and parties of interest to determine if the standards for demolition approval have been met. Demolition shall be approved if it is demonstrated that the application meets any one of the following criteria:
[a]
The property has been determined by the City to be an imminent hazard to public safety and the owner/applicant is unable to make the needed repairs in a timely manner; or
[b]
The structure is not structurally sound despite evidence of the owner's efforts to properly maintain the structure; or
[c]
The structure cannot practically be moved to another appropriate location in Rochester; or
[d]
No documentation exists to support or demonstrate that the property has historic, architectural, archaeological, engineering or cultural significance.
[2]
Additionally, for approval to demolish and to grant a historic district demolition permit, all of the following criteria must be met:
[a]
The structure does not contribute to the significance of the Historic Overlay District; and
[b]
The loss of the building, structure or object would not adversely affect the integrity of the Historic Overlay District or its historic, architectural or aesthetic relationship to adjacent historic properties; and
[c]
Demolition of the structure will be inconsequential to the historic preservation needs of the area.
(b)
The HDC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to consider the demolition request.
(c)
If the demolition request is denied because it does not meet the aforementioned standards, the applicant may request demolition approval based upon approval of a determination of hardship as set forth below.
(d)
Before a demolition permit will be issued, a certificate of approval for the redevelopment as described above, must be approved. When a demolition permit must be issued because the building is an imminent hazard or because of the issuance of a determination of hardship, the permit may be received prior to the receipt of a certificate of approval.
§ 275-14.12 Historic District relocation permit.
The intent of this article is to preserve historic properties in their original locations within the Historic Overlay District. However, it is recognized that occasionally the relocation of a property may be appropriate as it provides an alternative to demolition or because it only has a limited impact on the attributes that make it significant. All properties within the Historic Overlay District are subject to this section.
A.
Exempt activity.
(1)
Relocation of a single-family or duplex building.
(2)
Relocation of structures which are not buildings as defined in this section (such as light poles, street furniture, and fences).
(3)
Relocation of elements which are appurtenant to a building but which are not integral to the building, including antennas, satellite dishes, flagpoles, mailboxes, window air-conditioning units, and similar nonhistoric elements.
B.
Application. An application for relocation shall include:
(1)
A written description and/or graphic illustrations of the building, structure or object proposed for relocation.
(2)
A written explanation of the type of relocation requested (temporary, on-site or off-site) and justification for the need for relocation.
(3)
A written report from a licensed engineer or architect regarding the soundness of the building, structure or object, its ability to withstand the physical move and its rehabilitation needs, once relocated.
(4)
A conceptual plan for the receiving site providing preliminary information on the property boundaries, existing improvements and site characteristics and the associated planned improvements.
(5)
If the applicant does not own the receiving site, proof from the site's property owner of the willingness to accept the relocated building, structure or object.
(6)
Evidence that the applicant has or is seeking the necessary approvals to place the building on the identified receiving site.
(7)
Evidence of the financial ability to undertake the safe relocation, preservation and repair of the building, structure or object; site preparation and construction of necessary infrastructure through the posting of bonds or other financial measures deemed appropriate.
(8)
Supplementary materials to provide an understanding of the larger context for the relocated property and its impact on adjacent properties, the neighborhood or streetscape.
(9)
Additional information may be requested by the Historic District Commission as needed to complete the review.
C.
Procedures for the review of historic district relocation permit.
(1)
The Planning and Development Director or designee shall review the application materials submitted for relocation approval. Upon determination of a complete application, the project shall be scheduled before the HDC.
(2)
Staff shall review the submittal material and prepare a report that analyzes the project's conformance with the standards for relocation approval set forth below, the City Historic Preservation Design Guidelines and other applicable Land Use Code sections. This report will be transmitted to the HDC with relevant information on the proposed project and a recommendation to continue, approve, disapprove or approve with conditions and the reasons for the recommendation. The HDC will review the application, the report and the evidence presented at the hearing to determine if the standards for relocation have been met.
(3)
The HDC shall approve, disapprove, approve with conditions or continue the application to obtain additional information necessary to make a decision to approve or deny.
D.
Standards for relocation.
(1)
Relocation for a building will be approved if it is determined that it meets any one of the following standards:
(a)
It does not contribute to the overall character of the historic district or parcel on which it is located and its relocation will not have an adverse impact on the Historic District or property; or
(b)
The owner has obtained a determination of hardship; or
(c)
The relocation activity is demonstrated to be an acceptable preservation method given the character and integrity of the building and its move will not adversely affect the integrity of the Historic District in which it was originally located or diminish the historic, architectural or aesthetic relationships of adjacent designated properties; and
(2)
Additionally, for approval to relocate and to grant a historic district relocation permit all of the following criteria must be met:
(a)
It has been determined that the building, structure or object is capable of withstanding the physical impacts of relocation:
(b)
An appropriate receiving site has been identified; and
(c)
An acceptable plan has been submitted providing for the safe relocation, repair and preservation of the building, structure or object, including the provision of the necessary financial security.
§ 275-14.13 Determination of hardship.
It is the policy of the City to respect private property rights. The City recognizes, therefore, that there may be some circumstances in which the operation of this article could create an undue economic hardship. This provision is created to provide property owners with a means of demonstrating that such a hardship may exist and that they should be allowed to demolish a property within the Historic Overlay District because of that hardship. It is the intent of this provision to ensure that no private property is taken without just compensation.
A.
Standard of review. The standard of review for a determination of economic hardship will be whether refusing to allow the property owner to demolish the property would result in a violation of the prohibitions of the United States and New Hampshire Constitutions against taking of private property for public use without just compensation as those prohibitions are interpreted by the courts of New Hampshire and the United States. In applying the standards, the economic benefits of financial, developmental and technical assistance from the City and the utilization of any federal and state rehabilitation tax credit programs may be considered.
B.
Application requirements.
(1)
Upon receiving a request for a certificate of economic hardship, the Planning and Development Director or designee shall provide a written response within 14 days as to the submittal materials required.
(2)
Within five days after receipt of an application for a certificate of economic hardship, the Planning and Development Director or designee shall determine whether the application is complete. If he/she determines that the application is not complete, the Director shall notify the applicant in writing of the deficiencies. The Director shall take no further steps to process the application until the deficiencies have been remedied.
(3)
The application fee shall be set to defray all costs of the review process, including the fees of an independent hearing officer.
C.
Review process.
(1)
When the application is complete, the Planning and Development Director or designee will refer the application to the Historic District staff member and the City Attorney for review. The Historic District staff member and City Attorney shall jointly prepare a report setting forth the City's response.
(2)
In the event the City response concludes that the application does not demonstrate a case of economic hardship, the application can apply for an administrative appeal before Zoning Board of Adjustment.
(3)
The Zoning Board of Adjustment will be contracted by the City to conduct an impartial quasi-judicial hearing on the question of economic hardship. If deemed necessary, the ZBA may hire, at the applicant's expense, a consulting professional(s) with sufficient legal and technical experience to conduct a fair hearing on the matter. The application, all support materials and the consultants/City's report shall be provided to the ZBA in advance of the hearing. At the hearing the applicant will be provided with an opportunity to present his/her application and may be represented by counsel. The City position will be presented by the City Attorney/consultant.
D.
Appeal. An applicant may appeal the decision of the hearing officer to District Court.
§ 275-14.14 Demolition by neglect.
It is the intent of this article to address the range of circumstances that affect the preservation of the community's significant historic and architectural resources. It is further recognized that many historic buildings and structures are lost because of deterioration from lack of maintenance. Whether this occurs unintentionally or through deliberate decisions, the result is the same: the loss of community assets that cannot be replaced. Consequently, it is declared that the exterior features of any designated building or structure shall be preserved against decay and deterioration and kept free from structural defects. The designated structures shall receive reasonable care, maintenance and upkeep appropriate for their preservation, protection, perpetuation and use.
A.
Standards for reasonable care and upkeep. The owner or such other person who may have legal possession, custody and control thereof of a designated property shall, upon written request by the City, repair the following exterior features if they are found to be deteriorating or if their condition is contributing to deterioration such that it is likely to compromise the building's structural integrity or as to create or permit the creation of any hazardous or unsafe condition to life, health or other property. These features include, but are not limited to:
(1)
Deterioration of exterior walls, foundations or other vertical supports that causes leaning, sagging, splitting, listing or buckling.
(2)
Deterioration of flooring or floor supports or other horizontal members that causes leaning, sagging, splitting, listing or buckling.
(3)
Deterioration of external chimneys that cause leaning, sagging, splitting, listing or buckling.
(4)
Deterioration or crumbling of exterior plasters or mortars.
(5)
Ineffective waterproofing of exterior walls, roofs and foundations, including broken windows or doors.
(6)
Defective protection or lack of weather protection for exterior wall and roof coverings, including lack of paint or weathering due to lack of paint or other protective covering.
(7)
Rotting, holes and other forms of decay.
(8)
Deterioration of exterior stairs, porches, handrails, window and door frames, cornices, entablatures, wall facings, ornamental trim and other architectural details that cause delamination, instability, loss of shape and form or crumbling.
B.
Enforcement procedures.
(1)
The HDC or Planning and Development Director or designee may file a petition listing specific defects, in accordance with Subsection A above, with the Director of Building, Zoning and Licensing Services, requesting that the official act under the following procedures to require the correction of the defects or repairs to designated properties.
(2)
Whenever a petition is filed, the Director of Building, Zoning and Licensing and Services shall attempt to make direct personal contact with the owner or other such persons having legal possession or custody and/or his/her representative. If personal contact cannot reasonably be accomplished, then written notification of the specific defects purported by the HDC and a request to inspect the property within 10 days will be mailed to the owner and other such persons having legal possession, custody and control and will be posted at a conspicuous location appropriate to the identified defects. In the written notification the Chief Building Official shall document the nature of the specific defects and the corrective action ordered.
(3)
After receiving agreement from the owner, his/her representatives or other such persons having legal possession, custody and control of the property for an inspection, the Chief Building Official and the HDC Officer shall, within 10 working days, conduct an investigation and prepare a written report determining whether the property requires work to address conditions set forth in Subsection A above.
(4)
If the property is found to contain conditions needing correction, the owner, his/her representative or other such persons having legal possession, custody and control of the property will be served within 14 days with a complaint identifying the property deficiencies and providing notice that a hearing will be held by the City Council within 45 days. The purpose of the hearing is to:
(a)
Receive evidence concerning the charge of deterioration; and
(b)
Develop a plan and schedule for making the needed repairs in a timely fashion, such that the building is stabilized and the deterioration is arrested; and
(c)
Ascertain whether the owner or other parties intend to make application for financial assistance from the City to correct the building defects.
(5)
Following such notice and hearing, City Council will make a determination if there are any corrections required pursuant to Subsection A above and shall state in writing the findings of fact in support of that determination. If it is determined that the building or structure is undergoing deterioration or if its condition is contributing to deterioration, the owner or other parties of interest will be served an order to repair those defective elements of the structure within a reasonable specified time frame.
(6)
If the owner fails to make the necessary repairs within the identified time frame, the City may undertake the work to correct the deficiencies that create any hazardous and unsafe conditions to life, health and property. The expense of this work will be recorded as a lien on the property.
§ 275-14.15 Appeals.
Any applicant, person, or organization aggrieved by a decision of the Historic District Commission may appeal the decision to the Rochester Zoning Board of Adjustment in accordance with RSA 674:33 and any appeal procedures specified in the City ordinances. In its review of any appeals the Zoning Board shall be guided by the provisions of this article and other applicable law.
§ 275-14.16 Enforcement.
This article shall be enforced as provided for in the Rochester Zoning Ordinance.