Schenectady City Zoning Code
ARTICLE X
Historic District Resources
§ 264-73 Purpose.
Pursuant to the provisions of Article 5, § 96-a: Article 5-G, Article 5-J and Article 5-K, § 119-dd of the General Municipal Law; Article 14 of the Parks. Recreation and Historic Preservation Law; and § 10 of the Municipal Home Rule Law § 96 a and Article 5 K of the New York General Municipal Law, it is hereby declared a matter of public policy that the protection, enhancement, perpetuation and use of buildings, structures, places, objects and sites of historic, architectural, cultural or aesthetic value are a public necessity and purpose in the City of Schenectady. The purpose of this article is to:
A.
Safeguard the heritage of the City of Schenectady by preserving resources in the City that represent or reflect elements of its cultural, social, economic, political and architectural history.
B.
Protect and enhance the attractiveness of such historic resources to home buyers, visitors, shoppers and residents and thereby provide economic benefits to the City and its citizens.
C.
Conserve and improve the value of property within historic districts.
D.
Foster, encourage and advise the preservation, restoration and rehabilitation of structures, areas and neighborhoods.
E.
Promote the use of historic districts for the education, enjoyment and welfare of the citizens of the City.
F.
Foster civic pride in the beauty and history of the past as represented in the historic districts.
G.
Designate buildings, structures, places, objects, sites and structures throughout the City of Schenectady as having historical value which should be preserved.
§ 264-74 Historic Commission Historic Resource Commission.
In order to carry out the declared purpose and intent of this article, an Historic Commission Historic Resource Commission (hereinafter "Commission") is hereby created.
A.
Membership and appointments.
(1)
Membership.
(a)
The Commission shall consist of seven members, whose residences, are located in the City of Schenectady. Members shall be appointed by the Mayor of the City of Schenectady for terms of office of three years. Members of the Commission may be reappointed for succeeding terms.
(b)
Members of the Commission shall have demonstrated significant interest in and commitment to the field of historic preservation evidenced either by involvement in a local historic preservation group, volunteer activity in the field of historic preservation or other serious interest in the field.
(c)
In addition to the membership criteria listed above, the Mayor may fill remaining vacant positions on the Commission with City residents who have background in architecture and/or historic preservation, history or historic research, real estate and/or development and urban planning and/or land use laws.
(2)
Appointments. Before making said appointments, the Mayor shall request from the neighborhood organizations that comprise the historic districts, and from the Schenectady Heritage Foundation, Inc., each to recommend one or more persons to be so appointed. The Mayor may make appointments from such recommendations. In no event is the Mayor required to accept any recommendations for such appointments. A vacancy occurring in the membership of the Commission for any cause shall be filled by a person appointed by the Mayor for the unexpired term.
B.
Duties and powers. The Commission shall have the following powers and duties:
(1)
Review of plans. It is the duty of the Commission to review and approve, approve with conditions or modifications, request additional information and table, disapprove all actions, as set forth in § 264-76 of this article, that result in any alteration or physical change of features, relocation, renovation or demolition of historic resources, as defined in § 264-82 below, within an historic district or property individually designated by the City as landmarks. The Commission shall have the power to pass upon such activity before a certificate of appropriateness and any other necessary permit to complete the work is granted, provided that the Commission shall pass only on changes to the exterior features of an historic resource and shall not consider interior arrangements, unless such interior arrangements are specifically designated interior landmarks. In deciding upon all such plans, the Commission shall be guided by the standards for review set forth in § 264-76C, of this article, except that for modifications to the RH-2 Stockade Historic Residential District streetscape area, the Commission shall be guided by § 264-81 of this article.
(2)
Investigate and report. The Commission may investigate, report, testify and recommend to the Planning Commission, the Board of Zoning Appeals, the City Council and any City department or official on matters, permits, authorizations and other actions that affect historic resources. The Zoning Officer, or City Planner responsible for the Commission, shall serve written notice to the Commission Chairperson of matters, permits and authorizations scheduled to come before the Board of Zoning Appeals, the Planning Commission and the City Council and any City department or official that may affect historic resources.
(3)
District designations and amendments. The Commission may investigate and transmit recommendations to the City Council and Planning Commission concerning the establishment, amendment or alteration of an historic district; establishment of a landmark; and of this article.
(4)
Surveys and studies. The Commission may undertake the survey and study of neighborhoods, areas, buildings, structures, places, objects and sites that have historic, architectural, cultural or aesthetic value. Pursuant to such study and survey, the Commission may propose regulations, special conditions and restrictions, including recommendations for nomination to the State and National Register of Historic Places, as may be appropriate to serve the purposes of this article.
(5)
Retain specialists. The Commission may retain such specialists, consultants or experts to aid in its duties and to pay for their services, not exceeding, in all, the appropriation made for such purpose by the City Council. The Commission may call upon available City staff members, as well as other individuals, for technical advice.
(6)
Assist property owners. The Commission may advise owners of historic resources on the physical and financial aspects of preservation, renovation, rehabilitation and reuse.
(7)
Guidelines. The Commission may develop and adopt design guidelines, consistent with the review standards of § 264-76C of this article, to assist owners of historic resources in the development of applications before the Commission and preservation planning.
(8)
Other power. The Commission may undertake any other action or activity necessary or appropriate to the implementation of its powers and duties or to the advancement of the purposes set forth in this article.
C.
Rules of the Commission.
(1)
The Commission shall elect from its membership a Chairperson and Vice Chairperson, whose terms of office shall be for one year. The Chairperson shall preside over the Commission and shall have the right to vote. The Vice Chairperson shall, in cases of absence or disability of the Chairperson, perform the duties of the Chairperson.
(2)
The Commission shall appoint a Secretary who shall be an employee of the City of Schenectady. The Secretary shall keep a record of all resolutions, proceedings and actions of the Historic Commission.
(3)
Three members of the Commission shall constitute a quorum for the transaction of business. The Commission shall adopt rules for the transaction of its business. They shall provide for the calling of special meetings by the Chairperson or by at least two members of the Commission. All regular or special meetings of the Commission shall be open to the public, and any person or their duly appointed representative shall be entitled to appear and be heard on any matter before the Commission before it reaches its decision.
(4)
The Commission shall keep a record, which shall be open to the public view, of its resolutions, certificates of appropriateness, proceedings and actions. The concurring affirmative vote of three members shall constitute approval of plans before it for review or for the adoption of any resolution, motion or other action of the Commission. If an affirmative vote of three members is not attained for a motion to approve, approve with conditions or modifications, request additional information and table, or disapprove any application for a certificate of appropriateness, as set forth in § 264-76 of this article, the application shall be deemed denied. The applicant, if they so desire, may make modifications to their plans and shall have the right to resubmit their application at any time after so doing. The Commission shall submit an annual report of its activities to the Mayor and make such recommendations to the Council as it deems necessary to carry out the principles of this chapter.
(5)
Consent agenda.
(a)
The Commission is empowered to consider and approve with a single motion multiple applications which have been placed on a consent agenda. The decision for placement on a consent agenda shall be based on:
[1]
The nature and extent of the alteration being proposed.
[2]
The degree to which the application is in conformance with the appropriate design guidelines.
[3]
Written consent agenda guidance and policy, approved by the Commission, regarding paint colors, materials, and items generally suitable for specific purposes within the Historic District or area where the individually designated landmark is located.
(b)
Items placed on the consent agenda shall be listed on the Commission's meeting agenda and announced at the meeting. Any member of the Commission may remove any item from the consent, agenda and place it on the regular agenda for full consideration by the Commission.
(c)
The Chairperson of the Commission shall entertain a motion to approve items placed on the consent agenda upon hearing no objection to the applications remaining on the list.
(d)
Applicants with items pending on the consent agenda are not required to attend the Commission meeting at which their application is being considered.
(6)
Training.
(a)
Each member of the Commission shall complete, at a minimum, four hours of training each year designed to enable such members to more effectively carry out their duties. Training received by a member in excess of four hours in any one year may be carried over by the member into succeeding years in order to meet this requirement. Such training shall be approved by the Commission, but not be limited to, training provided by a municipality, regional or county planning office or commission, county planning federation, state agency, statewide municipal association, college or other similar entity. Training may be provided in a variety of formats, including but not limited to, electronic media, video, distance learning and traditional classroom training.
(b)
To be eligible for reappointment to the Commission, a member shall have completed the training approved by the Commission.
(c)
The training may be waived or modified by resolution of the Commission when, in the judgment of the Commission, it is in the best interest to do so.
(d)
No decision of the Commission shall be voided or declared invalid because of a failure to comply with this subdivision.
§ 264-75 District boundaries; applicability; designation of historic districts and landmarks.
A.
District boundaries and applicability.
(1)
Historic District boundaries. For the purpose of this article, the Historic District boundaries are described as follows:
(a)
The RH-2 Stockade Historic Residential District, the RH-1 Historic Residential District, and the OH Overlay Historic District area shown and bounded on the City of Schenectady Zoning Map, as may be amended from time to time.
(2)
The following shall be subject to the procedures, standards and limitations set forth in this article:
(a)
All land and improvements within the RH-2, RH-1 and OH zoning districts described above as amended to date;
(b)
All parcels of land with improvements which contain historic resources designated by the City as an historic landmark or scenic landmark; and
(c)
All interiors of buildings or structures designated by the City as an interior landmark.
B.
Designation of historic districts and landmarks.
(1)
Amendment, supplement, establishment or change of historic districts and designation of landmarks. The Commission may recommend amendments to the Historic District boundaries, establishment of new historic districts, or designation of landmarks in accordance with § 264-75C of this chapter which describes the process of notification and review for amendment, supplementation, establishment or change of historic district boundaries and designation of landmarks. The Commission recommendations for Historic District changes or designations shall be submitted to the City Planning Commission for its review and recommendation to the City Council for action. The Commission may recommend a group of properties as an Historic District if:
(2)
Historic landmarks. The Commission may recommend an individual building, structure, place, object or site for designation as an historic landmark or scenic landmark if it:
(a)
Possesses special character or historic or aesthetic interests or value as part of the cultural, political, economic or social history of the locality, region, state or nation;
(b)
Is identified with historic personages or events;
(c)
Embodies the distinguishing characteristics of an architectural style;
(d)
Is the work of a designer whose work has significantly influenced an age; or
(e)
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
(3)
Interior landmarks. The Commission may recommend the interior of a building or structure for designation as an interior landmark if such interior has special historical or aesthetic interest or value as part of the development, heritage or cultural characteristics of the City, state or nation and;
C.
Notice and designation procedure.
(1)
Designation proposals to amend, supplement, establish or change historic district boundaries and proposals for designation of landmarks may be initiated by the owners of said property upon application to the Commission. Proposals may also be initiated by the Commission. No action with regard to an Historic District boundary, establishment of a new historic district, or designation of a landmark shall be taken by the City without prior review and formal recommendation by the Commission.
(2)
When the Commission proposes to recommend changes to the boundaries of an historic district, establish a new historic district, or designate a landmark, notice of a proposed designation shall be sent by certified mail to the owner of the property proposed for designation, describing the property proposed and announcing a public hearing, pursuant to Subsection C(4) below, by the Planning Commission to consider the designation. Where the proposed designation involves more than 10 properties, and the Commission deems individual notice infeasible, notice may instead be published at least once in a newspaper of general circulation at least 10 days prior to the date of the public hearing. Once the Commission has issued notice of a proposed designation, no permits of any kind shall be issued by the Building Inspector, or other City department until the Planning Commission has made its recommendation to the City Council and the City Council has made its decision. Such restriction on the issuance of permits may be waived by the City Council by supermajority vote upon a recommendation from the Zoning Officer that the activity proposed does not impact historic features.
(3)
When the owners of said property propose to recommend changes to the boundaries of an historic district, establish a new historic district or designate a landmark related to their property, no additional owner notice shall be required pursuant to Subsection C(2) above. The Commission shall, upon receipt of the owners' application and presentation by the owner(s) at a meeting of the Commission, decide whether to recommend the designation proposal. Should the Commission decide to recommend the designation proposal the Chairperson shall submit a recommendation letter and referral to the Planning Commission for public hearing pursuant to Subsection C(4) below.
(4)
The Planning Commission shall hold a public hearing prior to any changes to the boundaries of an historic district, establish a new historic district or designate a landmark. The Commission, property owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of the record of the hearing. The record may also contain staff reports, public comments and other evidence offered outside of the hearing. Within 30 days of the public hearing, the Planning Commission shall make its decision and submit recommendations to the City Council for final action.
(5)
Upon receipt of recommendations from the Planning Commission, City Council shall make its decision as follows:
(a)
Historic districts. Action by the City Council with respect to changes to the boundaries of an historic district or establishment of a new historic district shall be governed by § 83 of the General City Law, and if approved. City Council shall resolve to apply the appropriate historic zoning district or overlay historic zoning district, or, if necessary, create and apply a new historic zoning district, to the involved parcels.
(b)
Landmarks. If the proposed designation is an individual landmark, no zoning district need be applied, and City Council may designate the landmark pursuant to this article by ordinance amending § 264-75D of this article and incorporating said landmark.
(c)
A list of all landmarks and historic districts designated by the City shall be maintained in the Office of Development and posted on the City's website.
D.
Designated City landmarks. The City Council hereby establishes and designates the following landmarks:
(1)
Historic landmark: Former Franklin School, 1675 Avenue B. Tax Id No.: 39.51-2-79, first designated with historic zoning on September 27, 1982 by Ordinance No.: 82-78, historic school.
(2)
Historic landmark: Former Excelsior and Woodlawn Schools, 103 Kings Road, Tax Id No.: 60.38-2-1.21, first designated as landmark on March 10, 2008 by Resolution No. 2008-37, historic school.
(3)
Historic landmark: 1017 Phoenix Avenue, Tax Id No.: 39.84-2-82, first designated by historic overlay zoning on January 10, 2011 by Ordinance No. 2011-03, single family home.
(4)
Historic landmark: Carpenter's Union Hall. 145 Barrett Street. Tax Id No.: 39.80-1-39, designated with historic overlay zoning on July 25, 2022 by Ordinance No.: 2022-06, commercial building.
§ 264-76 Application for alteration, demolition or new construction.
A.
No person shall carry out any of the following actions involving an historic resource or any parcel, property, land or improvements enumerated in § 264-75A(2) of this article which, as determined by the Zoning Officer, or City Planner responsible for the Commission, are within public view as defined in § 274-82 below without first obtaining a certificate of appropriateness from the Commission:
(1)
Any exterior alteration, restoration, rehabilitation, repair, repainting, reconstruction, improvement, demolition, new construction, or change that requires the issuance of a building or demolition permit
(2)
Regardless of the requirement for a building permit, demolition permit, or any other permit, any new construction in a historic district.
(3)
Installation or modification of an awning, sign, or related sign structure, with respect to size, materials, illumination, method of attachment, and color.
(4)
Installation of telecommunications facilities.
(5)
Regardless of the requirement for a building permit, demolition permit, or any other permit, any material change in the exterior appearance of an historic resource that affects its appearance or cohesiveness including:
(a)
Installation, change of materials, addition, removal, replacement, alteration or modification of exterior architectural features including, but not limited to, light fixtures, signs, roofs, steps, railings, windows, doors, porches, cladding, balconies, installation of satellite dishes, or other exterior elements or features.
(b)
Enclosure or screening of building openings including, but not limited to, windows, doors, and porches, and the like.
(c)
Installation of accessory utility, mechanical or miscellaneous structures to the exterior of a building including, but not limited to, mechanical equipment, gas and electric apparatuses, solar panels, wind turbines, radio or satellite devices, and the like.
(6)
Construction or alteration of a fence or wall.
(7)
Change of the exterior color of any architectural feature, structure or building.
(8)
Installation, removal, or change in material of driveways, paved areas, hardscaping, sidewalks or walkways on privately owned land outside the City right-of-way.
(9)
Installation or removal of vegetative screening that exceeds three feet in height.
(10)
Removal or change of established trees other than ordinary pruning and maintenance.
(11)
Installation of accessory utility structures or radio/satellite devices of two feet or more in diameter.
(12)
Installation, removal or change in solar energy systems.
(13)
Any alteration, restoration, rehabilitation, repair, repainting, reconstruction, improvement, demolition, new construction, or change to the architectural features of an interior landmark.
B.
The following actions are exempt from review:
(1)
Installation of accessory freestanding objects which, in the opinion of the Zoning Officer, or City Planner responsible for the Commission, are not, and do not impact, historic resources, including, but not limited to, sculpture, tree houses, play equipment, clocks, fountains, flagpoles, basketball hoops, and similar objects.
(2)
Installation, removal and maintenance of incidental landscaping.
(3)
Ordinary pruning and maintenance of established trees.
C.
A certificate of appropriateness may be issued as a 'staff approval' by the Zoning Officer, or City Planner responsible for the Commission, without Commission review on the following actions:
(1)
Modifications and improvement to streetscape areas except that applications for modifications to the RH-2 Stockade Historic Residential District streetscape area shall be guided by the Historic Stockade District Comprehensive Streetscape Plan adopted by City Council on January 13, 2020, as amended. A copy of the Historic Stockade District Comprehensive Streetscape Plan shall be kept on file in the Office of Development and made available on the City website.
(3)
Repaving of existing driveways and walkways so long as there is 1) no change in the design, material, form, or outer appearance of the feature; 2) the driveway or walkway has prior Commission approval; and 3) the driveway or walkway is compliant with all design standards of this chapter, the Schenectady City Code, any district specific streetscape plan, and any applicable building and code requirements.
D.
Any staff approvals issued shall be reported to the Commission at the next regular meeting.
E.
Any decisions related to the above actions shall be based on the criteria set forth in Subsection H below.
F.
Procedures for review.
(1)
Application for a certificate of appropriateness shall be made to the Department of Development. The application shall state that the property is in an historic district or is a designated landmark. Plans shall be submitted showing the historic resource in question and provide the following additional information:
(a)
The name, address and telephone number of the applicant.
(b)
The location of and photographs of the property.
(c)
Plans, plot plans when any addition(s) or demolition is planned and elevation drawings of proposed changes, to scale.
(d)
Perspective drawings, including relationship to adjacent properties, if available.
(e)
Specific descriptions and samples of color and materials to be used.
(f)
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.
(g)
Any other information which the Commission or Department of Development staff may deem necessary in order to visualize the proposed work.
(2)
Upon the filing of a complete application and plans at least two weeks prior to the next regularly scheduled meeting of the Commission, the City staff designated for the Commission shall notify the Commission Chairperson of the receipt of such application and shall transmit it, together with accompanying plans and other information, to the Commission.
(3)
No building permit, or any other necessary permit, shall be issued by any City department for any proposed work until the work plans and description have been approved by the Commission. The Commission's certificate of appropriateness required by this article shall be in addition to and not in lieu of any building permit or any other permit, that may be required by any other ordinance of the City of Schenectady or other applicable law.
G.
Action by the Commission.
(1)
Decision by the Commission.
(a)
The Commission shall approve, with conditions or modifications, request additional information, or disapprove such plans and, if approved, shall issue a certificate of appropriateness, which is to be signed by the Chairperson, attached to the application for the building permit, or any other necessary permit, if applicable, and immediately transmitted to the Building Inspector or appropriate City department.
(b)
If the Commission does not approve such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefore in writing to the applicant, and if applicable, to the Building Inspector or other permitting City department. The Commission may advise what it thinks is proper if it disapproved of the plans submitted. The applicant, if they so desire, may make modifications to their plans and shall have the right to resubmit their application at any time after so doing.
(c)
The failure of the Commission to approve, approve with conditions or modifications, request additional information, or disapprove of such plans within 62 days from the date of the Commission's meeting to consider the completed application for a certificate of appropriateness shall be deemed to constitute approval except as provided below:
[1]
The applicant has agreed, in writing, to an extension of this sixty-two-day period; or
[2]
The application is subject to the requirements of the State Environmental Quality Review Act (SEQRA), and an environmental assessment or environmental impact statement review must be completed prior to action by the Commission.
(2)
Effect of approval. If the Commission approves the application, it authorizes the work to commence, and if applicable, the Building Inspector or any other City permitting authority to issue the permits for the work so specified in the application; provided, however, that the applicant has obtained all other permits or approvals that may be required by the codes and ordinances of the City, and provided that a building permit is issued and work is actually begun within that period and is thereafter diligently pursued to completion. A certificate of appropriateness shall be valid for a period of one year unless otherwise specified by the Commission, or later extended by the Commission upon application by the applicant.
(3)
Inspection of work. After the certificate of appropriateness has been issued and any necessary permits granted to the applicant, the Zoning Officer, or City Planner responsible for the Commission, shall, from time to time, inspect the work approved by such certificate of appropriateness and shall take such action as is necessary to enforce compliance with the approved plans.
H.
Application review criteria.
(1)
In considering an application to modify or demolish designated historic resources or construct new structures within an Historic District, the Commission shall not consider changes to interior spaces unless said interior spaces are specifically designated as interior landmarks.
(2)
The Commission's decision shall be based upon the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (current revision), published by the United States Department of the Interior, National Park Service, Preservation Assistance Division, a copy of which is available in the office of the City's Building Inspector, and upon the following principles:
(a)
Properties which contribute to the character of the Historic District or historic resource shall be retained, with their historic features altered as little as possible.
(b)
Alterations and additions to existing buildings shall either be made consistent with the spirit of their architectural style or, if this is deemed infeasible, shall alter the historic resource to an appearance consistent with the architectural styles of historic value existing in the Historic District or area where the subject property is located. Alternatively, contemporary design for alterations and additions to existing properties may be permitted when such alterations and additions do not destroy significant historical, architectural or cultural material and/or such design is compatible with the size, scale, material and character of the property, neighborhood or environment. Wherever possible, new additions or alterations to historic resources shall be done in such a manner that are reversible, or if such additions or alterations were to be removed in the future, the essential form and integrity of the historic resource would be unimpaired.
(c)
Deteriorated architectural features shall be repaired rather than replaced, wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, texture and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historical, physical or pictorial evidence, rather than on conjectural designs or the availability of different architectural elements from other buildings or structures.
(d)
New construction shall be consistent with the architectural styles of historic value in the applicable historic district. On sites of proposed new construction, where historic resources adjoining the site are of significantly dissimilar periods or styles of architecture, the Commission may approve such period or style of architecture as it deems proper for the site and in the best interests of the surrounding historic district or area.
(e)
No historic resource may be demolished unless the Commission finds that preservation of the historic resource is not warranted under the general standards set forth in this section. Demolition may be permitted only after the developer of the site has submitted and obtained approval for such plans for new development, including Commission approval for new construction, including an acceptable timetable and guaranties which may include performance bonds for demolition and completion of the project. In no case shall the time between demolition and the commencement of new construction exceed six months.
(f)
Moving of historic resources may be permitted as an alternative to demolition.
(g)
Additional general standards.
[1]
The distinguishing original qualities or character of any historic resource and its environment shall not be destroyed. The removal or alteration of any historic material or distinctive architectural features should be avoided when possible.
[2]
All historic resources shall be recognized as products of their own time. Alterations that have no historical basis and that seek to create an appearance of different time period shall be discouraged.
[3]
Distinctive stylistic features or examples of skilled craftsmanship which characterize an historic resource shall be treated with sensitivity.
[4]
Every reasonable effort shall be made to protect and preserve archaeological resources affected by or adjacent to any project.
(3)
In making its decision, the Commission shall consider the following factors:
(a)
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood.
(b)
Texture, materials and color and their relation to similar features of other properties in the neighborhood.
(c)
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.
(d)
The importance of historic, architectural or other features to the significance of the property.
§ 264-77 Hardship relief.
A.
An applicant who has been denied a certificate of appropriateness from the Commission to alter or demolish an historic resource may request a hearing before the Board of Zoning Appeals on the grounds that the decision presents a financial hardship. In order to prove the existence of financial hardship, the applicant shall establish that:
(1)
The historic resource is deteriorating and 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;
(3)
The applicant has sought financial assistance under established programs for historic preservation and failed to obtain sufficient assistance to enable the owner to economically preserve the historic resource: and
(4)
The applicant has made a good faith effort to sell the property and has been unable to find a purchaser at the fair market value who would agree to preserve the historic resource.
B.
Notwithstanding the finding of financial hardship by the Board of Zoning Appeals, if the Commission finds that the historic resource should be preserved, it may withhold approval to demolish for a period not exceeding one year from the date of an application for a demolition permit. If, during that period, the owner, the Commission or other interested parties are able to obtain sufficient financial assistance to preserve the historic resource or a purchaser at the fair market value who will agree to preserve the historic resource on the parcel, the Commission shall deny a permit to demolish the historic resource.
C.
In any event, the relief granted in a finding of hardship shall be only the minimum sufficient to relieve the hardship proved by the applicant.
§ 264-78 Ordinary maintenance and repair.
A.
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any historic resource, as defined in § 264-82 below, which does not involve a change in design, material, color or outward appearance.
B.
No owner or person with an interest in real property containing an historic resource shall permit the property to fall into a serious state of disrepair so as to threaten to result in the deterioration of any exterior architectural feature, or interior architectural feature of an interior landmark, which would, in the judgment of the Commission, produce a detrimental effect upon the character of the historic district, historic resource, historic site, landmark, or structure as a whole or the life and character of the property itself.
C.
Examples of such deterioration include, but are not limited to:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition detrimental to the public safety. Such a building structure or part thereof found to be in disrepair, in an unsafe or unusable condition or in any condition that may threaten the perpetuation or integrity of the same shall be in violation of this chapter.
§ 264-79 Emergency action by Building Inspector.
This article shall not apply in any case where the Building Inspector orders or directs the construction, removal, alteration or demolition of any historic resource for the purpose of remedying conditions where it has been determined there is an actual and immediate danger of failure or collapse so as to endanger life and the historic resource cannot be made temporarily safe. However, prior to such order, the Building Inspector shall serve written notice to the Commission Chairperson describing the location and particulars of the action to be taken.
§ 264-80 Penalties for offenses.
A.
Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be liable to the fines and penalties as set forth in Article XVIII of this chapter of the Code of the City of Schenectady.
B.
Any person who demolishes, alters, constructs, or modifies an historic resource without a certificate of appropriateness, or permits an historic resource to fall into a serious state of disrepair, in violation of this article shall be required to restore the property and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the Corporation Counsel. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
§ 264-82 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The act or process of acquiring fee title or other interest in real property, including acquisition of development rights or remainder interest.
Any act or process that changes one or more of the exterior architectural features of a building or structure by adding to, joining with or increasing the size or capacity of the building or structure.
Any act or process, other than demolition or ordinary maintenance or repair, that changes the appearance or cohesiveness of an historic resource including, but not limited to, exterior changes, additions, new construction, erection, reconstruction, or removal of the building or structure, or grading.
Area nearest the curb where trees, bike parking, benches and trash/recycling receptacles (where applicable), lighting, and signage is installed.
Especially suitable or compatible.
Any elements embodying the historical significance or architectural style, design, general arrangement and components of all of the exterior surfaces of any landmark or historic resource, or interior surfaces for interior landmarks, including, but not limited to, the type of building materials, and type and style of windows, doors, or other elements related to such landmark or historic resource.
The quality of a building or structure based on its date of erection, style and scarcity of same, quality of design, present condition and appearance or other characteristics that embody the distinctive characteristics of a type, period or method of construction.
Any construction created to shelter any form of human use, such as a house, garage or barn, and which is permanently affixed to the land. Building may also refer to an historically related complex, such as a house and a barn.
Area adjacent to the building between the stoop or porch and the building used for seating, outdoor furnishings, or landscaping.
An official form issued by the City of Schenectady Historic Resource Commission stating that the proposed work impacting an historic resource is compatible with the historic character of the property and thus in accordance with the provisions of this article and therefore: (1) the proposed work may be completed as specified in the certificate; and (2) the City of Schenectady's departments may issue any permits needed to do the work specified in the certificate.
Any alteration, demolition, removal or construction involving any property subject to the provisions of this article.
Defined by form, proportion, structure, plan, style or material. General character refers to ideas of design and construction such as basic plan or form. Specific character refers to precise ways of combining particular kinds of materials.
The Department of Development City planner assigned to staff the Commission.
The Historic Resource Commission established pursuant this article, May also be referenced as the "Historic District Commission" or "Historic Commission."
In harmony with location, context, setting, and historic character.
The act of constructing an addition to an existing structure or the erection of a new principal or accessory structure on a lot or property.
A feature, addition, building, structure, object or site which adds to the sense of historical authenticity or evolution of an historic resource or landmark.
Any act or process that removes or destroys in whole or in part a building, structure, or historic resource.
A permit issued by the City of Schenectady building official allowing the applicant to demolish a building or structure, after having received a certificate of demolition approval from the commission.
Any tree which meets or exceeds nine-inch diameter at breast height as measured by the accepted method used by the United States Forest Service or New York State Department of Environmental Conservation.
The process by which the significance and integrity of a building, structure, object, or site is judged by an individual who meets the professional qualification standards published by the National Park Service at 36 CFR Part 61 as determined by the State Historic Preservation Office, using the designation criteria outlined in this article.
See "architectural feature."
A hardship which is established by meeting all the criteria enumerated in § 264-77A of this article.
A unit created for planning purposes that groups information about historic properties based on a shared theme, specific time period and geographical area.
The term "Historic District," when used in this article, shall be construed to include any lot or parcel, and its improvements, located within the RH-1, the RH-2 or the OH Districts shown and bounded on the City of Schenectady Zoning Map, as currently amended, regardless of whether such lot or parcel contains a contributing or noncontributing structure.
Original or old building materials (masonry, wood, metals, marble) or construction.
See "architectural feature."
The retention of sufficient aspects of location, design, setting, workmanship, materials, feeling or association for a property to convey its historic significance.
A district, site, building, structure, or object significant in American history, architecture, engineering, archeology, or culture at the national, state, or local level.
Any building, structure, object, or site which is within an Historic District or has been designated by the Schenectady City Council as a landmark.
See "Commission."
a) The process of systematically identifying, researching, photographing, and documenting historic resources within a defined geographic area, and b) the resulting list of evaluated properties that may be consulted for future designation. For the purpose of this article, all surveys shall be conducted in accordance with the Secretary of the Interior's Standards and Guidelines for Identification and Evaluation, as may be amended.
The quality of a place, site, building, district or structure based upon its identification with historic persons or events.
Landscaping which is incidental to, and not a contributing feature of an historic resource such as flower beds, perennials, annuals, shrubs, plantings, and the like.
The authenticity of a property's historic identity, evidenced by the survival of physical characteristics that existed during the property's historic or prehistoric period.
A list of historic properties determined to meet specified criteria of significance.
Any historic landmark, interior landmark or scenic landmark designated by the City of Schenectady City Council.
Any site, building, structure, or object that has been designated as an historic landmark by the City of Schenectady City Council.
Any interior space or spaces of a building or structure that has been designated as an interior landmark by the City of Schenectady City Council. Interior landmarks are noted for the portions of their interior that are open to the public.
Any structure or object that has been designated as a scenic landmark by the City of Schenectady City Council. Scenic landmarks encompass structures that are not buildings, such as bridges, piers, parks, cemeteries, sidewalks, clocks, and trees.
Any relocation of a building or structure on its site or to another site.
The established criteria for evaluating the eligibility of properties for inclusion in the National Register of Historic Places.
The official inventory of the nation's historic properties, districts, sites, districts, structures, objects and landmarks which are significant in American history, architecture, archaeology, and culture, maintained by the Secretary of the Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966 (16 USC 470 et seq., 36 CFR Sections 60, 63, as may be amended).
The official inventory of New York State's historic properties, districts, sites, districts, structures, objects and landmarks which are significant in state history, architecture, archaeology, and culture, maintained by the New York State Department of Parks, Recreation and Historic Preservation under the authority of the New York State Historic Preservation Act of 1980, as may be amended.
A feature, addition or building, structure, object or site which does not add to the sense of historical authenticity or evolution of an historic resource or landmark or where the location, design, setting, materials, workmanship, history, and/or association of the feature, addition or building, structure, object or site has been so altered or deteriorated that the overall integrity of that historic resource or landmark has been irretrievably lost.
Constructions that are primarily artistic in nature or are relatively small in scale and simply constructed. Although it may be moveable by nature or design, an object is associated with a specific setting or environment. Examples include boundary markers, mileposts, fountains, monuments, and sculpture. This term may include landscape features.
An art of ordinary maintenance to keep a material or feature in an existing state of preservation or repair which involves no change in the design, material, form, or outer appearance of an historic resource. Such work includes, but is not limited to, repainting the same color, cladding repair, roof repair, foundation or chimney repair, and the like. Ordinary maintenance and repair does not include wholesale replacement of any material or feature; replacement of any existing materials with a different material (such as replacing real wood with fiber cement or vinyl products): any window, door, or other fenestration replacement; or changes in paint color; but may include temporary methods of stabilization and prevention of further decay of a feature.
Those individuals, partnerships, corporations, or public agencies holding fee simple title to property, as shown on the records of the Schenectady County Clerk.
Sidewalk area for pedestrian travel.
The length of time when a property was associated with important events, activities, or persons, or attained characteristics which qualify it for landmark status. Period of significance usually begins with a date when significant activities or events began giving the property its historic significance; this is often a date of construction.
An individual, corporation, limited liability Company, partnership, limited partnership, business trust, estate, trust, association, or any other legal or commercial entity of any kind or description.
The act or process of applying measures necessary to sustain the existing form, integrity, and materials of an historic property. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions are not within the scope of this treatment; however, the limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a preservation project.
A grouping of individual properties based on a set of shared physical or associative characteristics.
Any building, structure, object, site, tree, vegetation, feature, parcel, work or activity which is highly visible by the public or visible from customarily public spaces, including, but not limited to, public rights of way, public streets, parks, and the like.
The act or process of making possible a compatible use for a property through repair, alterations, and additions while preserving those portions or features of the property which convey its historical, architectural and cultural values.
The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical, and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
The act of keeping an element, detail or structure and continuing the same level of repair to aid in the preservation of elements, sites, and structures.
An addition which is made without damage to the project's original condition.
Principles developed by the National Park Service (36 CFR 68.3, as may be amended) to help protect historic properties by promoting consistent preservation practices and providing guidance to historic building owners and building managers, preservation consultants, architects, contractors, and project reviewers on how to approach the treatment of historic properties. The Secretary of the Interior Standards for the Treatment of Historic Properties may also be referred to in this article as "Secretary of the Interior's Standards."
The paved section of the public frontage dedicated exclusively to pedestrian activity.
Having particularly important associations with the contexts of architecture, history and culture.
The location of a significant event, a prehistoric or historic occupation or activity, or a building or structure, whether standing, ruined or vanished, where the location itself maintains historical or archaeological value regardless of the value of any existing buildings, structures or other objects, Examples of a site are a battlefield, designed landscape, trail, or camp site.
The act or process of applying measures designed to reestablish a weather resistant enclosure and the structural stability of an unsafe or deteriorated property while maintaining the essential form as it exists at present.
The appearance of a street and the relationship of buildings to the street and pedestrian amenities (including sidewalks, street trees, landscaping, lighting, signage, bicycle racks, and street furniture).
The streetscape area shall include sidewalks, building zones, pedestrian zones and amenity zones as defined herein.
Any assemblage of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
A type of architecture distinguished by special characteristics of structure or ornament and often related in time; also a general quality of distinctive character.
Any project or other action involving the expansion, modification, development or disposition of the physical plant or any site or building.
Landscaping and/or plantings which provide screening and/or privacy.