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HomeMy WebLinkAboutLandmarks Preservation ORDI-Nance--Certification of for Tax PurposesCITY OF ITHACA CITY HALL • 108 EAST GREEN STREET • ITHACA, NEW YORK 14850 • PHONE 272-1713 MESSAGE REPLY TO T L DATE 0� Ai 1a.,1 1446DATE POS r .S eiN A I I1 G .._\e –GGusti ye—LA—le-0 12-6A-_-1-4 _ '7ht41,46 11'. .O^ ( Vi B- f VPI7LGNAL, -LLA-L_ t 6,N6,/'ITceNP TO . �� y si.A.r- � . 9' fir.� 1NlTtAA- IZu r rrlZ Ccgj-- LF-tCAT loNi, WHICH" IS IN -r Ri 'i'J I / f? mtto T7J7R/• Po. • ,Pu kpivieRLA-L_ M1 C .'TE C . : - 4o 6 4A, LC t ollc A-go0 ( 'I T {-Lt., --rog,€-Tkli g to A wait., BY SIGNED orm N•Rq fllne Urownlg boom, Inc., box OJX, U011as, texas INSTRUCTIONS TO SENDER: 1. KEEP YELLOW COPY. 2. SENO WHITE ANO. PINK COPIES WITH CARBON INTACT. INSTRUCTIONS TO RECEIVER: I. WRITE REPLY. 2. DETACH STUB, KEEP PINK COPY, RETURN WHITE COPY TO SENDER. CITY OF ITHACA`. CITY HALL + 108 EAST GREEN STREET a ITHACA, NEW YORK 14950 • PHONE 272-1713 MESSAGE. REPLY TO I ' !v r' ' LL4L) 9` 6 li J DATE - L DATE II.- 7'4 1Y , i p/g ----,2 d Y RP6i_ _4TfI wf 1-99y 1) \; 'u k fi i Wt/ 4 ,-c--- tf / /q(t I - rA i_1(_/.1 oh/ 4 r .eid . . , , _ __,_ ___. SIGNED ___ BY �i; l �--f etAAL Form N -R73® The Drawing Board, Inc., Box 505, Dallas, Texas DETACH AND FILE FOR FOLLOW-UP NEW YORK STATE PARKS & RECREATION Agency Building 1. Empire Stale Plaza. Albany. New York 12238 Information 518 4741M Orin Lehman, Commissioner July 17, 1978 Mr. Joseph A. Rundle City Clerk 108 E. Green Street Ithaca, New York 14850 Dear Applicant: co 3176 RECEIVEf JUL 201978 City Clerk's Office ITHACA, N. Y. 0 Re: Tax Reform Act of 1976, Section 2124 Certification of State or Local Statutes Ithaca Tompkins (town,city,village) (county) The State Historic Preservation Officer(SHPO) is currently evaluating the statute for The City of Ithaca Landmarks Preservation Ordnance . In order to complete the required review, the SHPO needs the following additional information, as indicated below: X x Duplicate Copy of Documentation Applicant's Statement of Authorization Copy of Statute State Enabling Legislation Description of District(s) Statement of Significance Map (s) Photographs (streetscapes) Other Clarification Should you have any questions concerning this request, please 'call 518-474-0479. LRK:mr 12/77 Sincerely, LiL Stephen J. Ra1 he Director Historic Preservation Field Services Bureau New York State Parks & Recreation Agency Bldg. 1, Empire State Plaza, Albany, New York 12238 D 0 lfir:t1'V Rec9• Mr. Joseph A. Rundle City Clerk 108 E. Green St. Ithaca, NY 14850 tam o• - . 4,11i.S.POS;AOEFq JUL18 78 A RR M E E o�®,P tU 629928 L -.._-.--" Ju CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: 272-1713 CITY CLERK June 30, 1978 Mr. Orin Lehman State Historic Preservation Officer N.Y. State Dept. of Parks & Recreation Agency Bldg. 1 Empire State Plaza Albany, N.Y. 12238 Dear Mr. Lehman: Re: Certification of Landmarks Ordinance for Tax Purposes In accordance with 36 CFR Part 67, as amended, I herewith submit the documentation described in 867.9(c)(1) as this city's initial application for certification of its historic preservation ordinance and historic districts. The documentation called for under 867.9(c)(2) will be forwarded as soon as it is complete. In accordance with the specifications of 867.9, I hereby certify that I, in my capacity as City Clerk of the City of Ithaca, am authorized to make this application. JAR:hh Encl: Ithaca Landmarks Ordinance Rules of Procedure Very truly yours, Joseph A. Rundle City Clerk CODE 607 Certification of State and Local Statutes Title 36 --Parks, Forests, and Public Property CHAPTER I—NATIONAL PARK SERVICE, DEPARTMENT OF THE INTERIOR PART 67—HISTORIC PRESERVATION CERTIFICATIONS PURSUANT TO THE TAX REFORM ACT OF 1976 Certification of State or Local Statutes AGENCY: National Park Service, In- terior. ACTION: Additional interim procedures. SUMMARY: This rule supplements the previous interim regulations by adding a new section in the certification process. The Tax Reform Act of 1976 requires the certification of State and local statutes by the Secretary of the Interior, so that an owner of a structure in a,historic dis- trict created by legislation certified under these regulations may be able to take -ad- vantage of the provisions of the Act. DATE: Effective: August 10, 1977. Com ments by September 9, 1977. ADDRESS: Send comments to: Mr. Jerry L. Rogers, Chief, Office of Archeol- ogy and Historic Preservation, National Park Service, Department of the Inte- rior, Washington, D.C. 20240, 202-523- 5275. SUPPLEMENTARY INFORMATION: The Tax Reform Act of 1976, Pub. L. 94- 455, 90 Stat. 1519, included among its many provisions section 2124, "Tax In- centives to Encourage the Preservation of Historic Structures," under which the Secretary of the Interior is required to make certain certifications with respect to the historic character of buildings and structures, the rehabilitation of historic buildings and structures, and the preser- vation criteria of State and local statutes. Regulations for certifying the historic significance of structures and certifica- tion of rehabilitations were published as interim regulations and for comment in the FEDERAL REGISTER on March 15, 1977 (42 FR 14121). These interim regu- lations are still in effect. These regula- tions for certifying State and local stat- utes under section 2124(a) will be an ad- dition to 36 CFR Part 67 as published on March 15, 1977. They are published sep- arately in the interim but will be fully integrated when the regulations are pub- lished in final. Since certification of a State or local statute under this process provides sig- nificant tax benefits for historic struc- tures in districts designated thereunder, certification is likely to be a significant and beneficial impetus to rehabilitation *and upgrading of properties in historic districts. The Department of the Interior urges State and local governments to evaluate the social implications of im- provements in such districts to assure that the residents in these districts are provided for, as appropriate. When the certification of State statutes will have an impact on districts in specific localities, the Department of the Interior urges State governments to notify and consult with appropriate lo- cal officials prior to submitting a request for certification of the statute. For structures in State or locally des- ignated historic districts where the statute has been certified, requests for certification of the historic significance or rehabilitation of individual structures within such districts should be made in accord with the interim regulations 'of March 15, 1977, 36 CFR Part 67. The certification of significance of such struc- tures will be made or denied upon an evaluation of whether the strucure eon - tributes to the significance of the State or locally designated district, based upon the documentation submitted on the structure and the district in which it is located. Certifications of rehabilitation will be based on whether or not the reha- bilitation is consistent with the historic character of the structure or the district in which the'structure is located. It is the policy of the Department of the Interior, whenever practicable, to of- fer the public an opportunity to "partici- pate in the rulemaking process. Accord- ingly, interested persons may submit written comments, suggestions, or objec- tions regarding the proposed regulations to the Chief, Office of Archeology and Historic Preservation, National Park Service, Department of the Interior, Washington, D.C.. 20240, on or before September 8, 1977. However, inasmuch as taxpayers are already requesting that certifications . be made under the Tax Reform Act, the process set forth below will be utilized as interim regulations until such time as the proposed regula- tions, as they may be amended, are pub- lished in final. This rulemaking is developed under the authority of section 101(a) (1) of the National Historic Preservation Act of 1966, 16 U.S.C. 470a -1(a) (1970 ed.), as amended, and section 2124 of the Tax Re- form Act of 1976, 90 Stat. 1519. In com- pliance with the National Environmental Policy Act of 1969 (42 U,B.C. 4331, et seq.) the National Park Service has prepared 1 an environmental assessinerit of these proposed. regulations. Based on this as- sessment, it is determined that imple- mentation of the proposed regulations is not a major Federal action that would have *a- significant effect on the quality of the human .environment and "that an environmental impact statement is not .required. The assessment, which is on file in the office of the Chief, Office of Arche- ology and Historic Preservation, National Park Service, Department of the Interior, Washington, D.C. 20240, is available for public inspection, and will be available for public comment for a period running concurrently with the comment period for these proposed regulations. - The originator of these regulations is Carol Shull, Historian, National Register of Historic Places (202523-5483). Accordingly, section_ 67 is amended by adding a new §. 67.9 entitled Certification of State or Local Statutes. These regula- tions are in intim effect as of this date of publication to read as follows: § 67.9 Certification of State or Local Statutes. (a) State or local statutes which will be certified by the Secretary of the In- terior. For the purpose of this regulation, a State or local statute is a law of the State or local government designating a historic district or districts, including any by-laws or ordinances pertaining to the district or districts designated there- under. Such statutes must contain cri- teria which will substantially achieve the purpose of preserving and rehabilitating buildings of historic significance to the district. To be certified by the Secretary of the Interior, the statute generally. must provide for a duly designated re- view body, such as a review board or commission, with power to review pro- posed alterations to structures within the boundaries of the district or districts designated under the statute. State en- abling legislation for the creation of his- toric districts not containing the mini- mum criteria above will not be certified. When the certification of State statutes will have an impact on districts in spe- cific localities, the Department of the Interior urges States governments to no- tify and consult with appropriate local officials prior to submitting a request for certification of the statute. (b) Who may apply. Requests for cer- tification of State or local statutes may be made only by the duly authorized rep- resentative of the government which en- acted the statute. The applicant shall certify that he or she is authorized by the governing body to apply for certifica- tion. (c) Certification process. Requests for certification of statutes as required under section 2124(a) of the Tax Reform Act of 1976 shall be made as.follows: (1) Requests for certifications of stat- utes shall be submitted to the appropriate State Historic Preservation Officer and accompanied by the following: (i) A written request from the author- / ized representative of the government that enacted the statute(s) including the certification required by paragraph (b) of this section. (ii)- A copy of the statute or statutes for which certification is requested, in- cluding by-laws and/or ordinances, if any, which pertain to district(s) already designated under the statute(s). (iii) Local governments shall submit a copy of the State enabling legislation, if any, authorizing the designation of his- toric districts: (2) Documentation on each district designated under the statute shall be submitted in duplicate, including a: (i) Description; (ii) Statement of significance; (iii) Map defining boundaries of dis- trict; (iv) Representative photographs of the district including streetscape photo- graphs. One copy of the documentation will be forwarded to the Keeper of the National Register. Where practical the documen- tation on each district should accompany the request for certification. If not, the documentation must be submitted to the State Historic Preservation Officer and the Keeper of the National Register be- fore the Secretary of the Interior will process requests for certification of an individual structure within the district or districts for which the request for cer- tification of statute(s) has been made. This also applies to documentation on additional districts designated under State or local statutes certified prior to the designation of such districts. (3) The State Historic Preservation Officer shall review the statute(s) and the documentation on the district(s) pro- tected thereunder and make an assess- ment of whether the statute(s) contain criteria which will substantially achieve the purposes of preserving and rehabili- ' tating buildings of historic significance to the district(s) based upon the stand- ards set out above in paragraph (a) of this section. If the statute(s) contain such a provision and if, in the opinion of the State Historic Preservation Officer, this and other provisions in the statute will substantially achieve the purpose of preserving and rehabilitating buildings of historic significance to the district, the State Historic Preservation Officer should recommend that the statute be certified. (4) The State Historic Preservation Officer shall forward the request with the accompanying documentation as speci- fied in paragraph (c) of this section with his written recommendation as to whether the statute should be certified to the Keeper of the National Register, Office of Archeology and Historic Preser- vation, National Park Service, Depart- ment of the Interior, Washington, D.C. 20240. The State Historic Preservation Officer shall forward the request with his recommendation within 45 days of re- ceipt of the request by the duly author- ized representative: Provided, The re- quest is submitted in accord with paragraph (c) of this section. If this pe- riod has expired without such actions be- ing taken the duly authorized represen- tative of the State or local government may submit the request for certification of the statute(s) directly to the Keeper of the National Register in accord with 'paragraph (c) of this section. (5) The Keeper .of the National Reg- ister shall review the request and the recommendation of the State Historic Preservation Officer and make a decision as to certification. If, in the opinion of the Keeper of the National Register, the statute(s) contain criteria which will UClc. 1 CI, JYL.t GL -1"S CZia /C (FR 42 ; Aug. 10 ) • • / . 2 rZr • -t • 'substantially achieve the purpose of preserving and rehabilitating buildings of historic significance to the district, the Secretary will certify the statute (s) . (6) The Keeper of the National Reg- ister shall provide written notification to the applicant and the appropriate State Historic Preservation Officer when certification of tile statute is given or denied within 45 days of -receipt of the request for certification. If certification is denied, the notification will provide a justification for such denial. (d) Certification of such statutes un- der this regulation in no way constitutes certification of significance of individual structures within the district or of the rehabilitation by the Secretary for pur- poses of section 2324. Regulations for obtaining certifications of significance and rehabilitation pursuant to section 2124 are contained in 36 CFR 67.4 through 67.7. The Secretary of the In- terior will certify the significance of in- dividual structures within such districts after an evaluation -of whether the struc- ture contributes to the significance of the State or locally designated district based upon the documentation submitted on the structure and the district in which it is located. Certifications of rehabilita- tion will be based on whether or not the rehabilitation is consistent with the his- toric character of the structure or the district in which it is located. (e) For appeals, refer to 36 CFR 67.8, Appeals, Historic Preservation Certifica- tions Pursuant to the Tax Reforth Act of 1976. (f) State or local governments, as ap- propriate, must notify the Secretary of the Interior and the Secretary of the Treasury, in the event that certified statutes are amended in any respect or repealed. Approved: July 27, 1977. WILLIAM J. WHALEN, Director, National Park Service. [FR Doc.77-23010 Filed 8-9-77;8:45 am] CHAPTER 32 LANDMARKS PRESERVATION § 32.1 Short title This Chapter shall be known and may be cited as "The City of Ithaca Landmarks Preservation Ordinance." § 32.2 Purpose and intent of Chapter The purpose of this Chapter is to: 1. Promote the educational, cultural, economic and general welfare of the public through the protection, enhancement and perpetuation of landmarks and districts of historic and cultural significance; 2. Safeguard the City's historic, aesthetic and cultural herit- age by preserving landmarks and districts of historical and cultural significance; 3. Stabilize and improve property values; 4. Foster civic pride in the legacy of beauty and achievements of the past; 5. Protect and enhance the City's attractions to tourists and visitors and the support and stimulus to business thereby provided; 6. Strengthen the economy of the City; and 7. Promote the use of landmarks and districts of historic and cultural significance as sites for the education, pleasure and welfare of the people of the City. § 32.3 Definitions As used in this Chapter: 1. "Alteration permit" shall mean a permit issued by the Building Commissioner which is necessary before any work can be started which will occasion a material change in the use or appearance of a landmark or a structure, memorial or site within an historic dis- trict. § 32.3 MUNICIPAL CODE 2. "Certificate of appropriateness" shall mean a document evi- dencing approval by the landmarks preservation commission of a - `_proposal to make a material change of use or appearance which must be obtained before an alteration permit may be issued. 3. "Historic district" shall mean an area which contains im- provements which a. Have special character or special historical or aesthet- ical interest or value; and b. Represent one or more periods or styles of architecture typical of one or more eras in the history of the City; and c. Cause such area, by reason of such factors, to consti- tute a visibly perceptible section of the City. 4. "Landmark" shall mean a structure, memorial or site, or a group of structures or memorials, including the adjacent areas necessary for the proper appreciation of the landmark, deemed wor- thy of preservation by reason of its value to the City as a. An outstanding example of a structure or memorial repre- sentative of its era, either past or present; b. One of the few remaining examples of a past architectur- al style or combinations of style; c. A place where an historical event of significance to the City, region, state or nation, or representative activity of a past era took place; or any structure, memorial or site which has a special character, special historical and aesthetic interest and value as part of .the development, heritage and cultural characteristics of the City of Ithaca, including sites of natural or ecological interest. 5. "Material change of use or appearance" shall mean material change -of use or appearance and includes _a... Any change in the type or use of land or of a structure or memorial; b. Change or reconstruction or alteration of the size or 19.2 LANDMARKS PRESERVATION § 32.4 external appearance of a structure or memorial; c. Change in the intensity of the use of land, such as an increase in the number of businesses, manufacturing es- tablishments, offices or dwelling units in a structure; d. Demolition of a structure or memorial; e. Commencement of excavation; f. Deposit of refuse, waste or fill on land not already used for that purpose," or which extends the height of any existing deposit above the level of the land adjoin- ing the site; Commencement of or change in the location of advertising on the external part of any structure; and h. Alteration of a shore, bank, or flood plain of a river, stream, channel or of any lake, pond or artificial body of water. g• § 32.4 Commission created, organized; appointment, terms of members To effectuate the goals of this Chapter there is hereby estab- lished in and for the City of Ithaca a commission to be known as the Ithaca Landmarks Preservation Commission. A. Membership. The Commission shall consist of seven (7) members. B. Appointment. Members of the Commission shall be appointed by the Mayor with the advice and consent of the Common Council. Three (3) members shall be selected each of whom shall possess professional quali- fications evidencing expertise in architecture, city planning or conservation in general. Two (2) members shall be selected to represent the cultural interests of the community and two (2) mem- bers shall be selected to represent the commercial interests of the community. C. Terms. §.32.4 MUNICIPAL CODE The original appointment of the members of the Commission shall be, three (3) for one year, two for (2) years, and two (2) for -three (3) years, from January first following the year of such ap- pointment or until their successor is named to serve out the un- expired portion of their term of appointment or until their suc- cessor is appointed to serve for the term of three (3) years. D. Vacancies. Vacancies occurring in the Commission, other than expiration of term of office, shall be filled by appointment by the Mr, but such appointment shall be only for the unexpired portionofthe member replaced. E. Reappointment. Members may serve for more than one term and each member shall serve until the appointment of a successor. F. Method of selection to fill vacancies. Vacancies shall be filled by the Mayor according to the original selection as aforesaid. G. Compensation. Members shall serve without compensation. H. Quorum. A majority of the Commission shall constitute a quorum for the transaction of business. § 32.5 Organization of Commission A. Officers. The Landmarks Preservation Commission shall elect from its mem- bership a Chairman and a Vice -Chairman whose terms of office shall be fixed by the Commission. The Chairman shall preside over the Commission and shall have the right to vote. The Vice -Chairman shall, in cases of absence or disability of the Chairman, perform the duties of the Chairman. B. Secretary. 3 LANDMARKS PRESERVATION § 32.6 The Planning Officer or his'designee shall serve as the Sec- retary to the Commission. The Secretary shall keep a record of all resolutions, proceedings and actions of the Landmarks Pre- servation Commission. C. Meetings; rules. The Commission shall adopt rules for the transaction of its bus- - iness which shall provide for the time and place of holding regu- lar meetings. Regular meetings shall be held at least once each `month. ,They shall provide for the calling of special meetings by the Chairman or by at least three (3) members of the Commission. All regular or special meetings of the Commission shall be open to the public, and any person shall be entitled to appear and be heard on a matterbefore the Commission before it reaches its de- cision. D. Records; annual report. The Commission shall keep a record, which shall be open to the public view, of its resolutions, proceedings and actions. The vote or failure to vote of each member shall be recorded. The concurring affirmative vote of a majority of those members present shall constitute approval of plans before it for review, or for the adoption of any resolution, motion or other action of the Com- mission. The Commission shall submit an annual report of its ac- tivities to the Mayor and make such recommendations to the Common Council as it deems necessary to carry out the principles of this Article. § 32.6 Powers of the Commission A. Designation of landmarks. The Commission may designate landmarks and districts of historic and cultural significance. The Commission may proceed at their own initiative or upon a request from any person, group or associ- ation. B. Public hearing. In no event shall a landmark or district be designated until the Commission has conducted a public hearing thereon. In the event that architectural style is a basis for such a designation, the Commission shall not proceed to designate any landmark or district until the record illustrates the existence of expert opinion favor- able to such a designation. Supp. #1, April 8, 1976. 32.5 § 32.6 MUNICIPAL CODE C. Filing of designation. __ Within seven (7) days after designation of a landmark or histor- ic district, the Commission shall file a copy of such designation with the Planning Board and with the Common Council. Within sixty (60) days of the designation by the Commission, the Planning Board shall file a report with the Council with respect to the relation of such designation to the master plan, the zoning laws, projected public improvements and any plans for the renewal of the site or area involved. The Council shall within ninety (9) days of said designation approve, disapprove or refer back to the Commission for modification. Any designation approved by the Council shall be in effect on and after the date of approval by the Council. D. Alteration permit required. After approval of a designation by the Council, no material change in the use or appearance of a landmark or a structure, memorial or site within an historic district shall be made or permitted to be made by the owner or occupant thereof unless and until an alteration permit shall have been obtained. E. Review of plans. After approval of a designation by the Council, it shall be the duty of the Landmarks Preservation Commission to review all plans for any and all material changes of use or appearance of a land- mark or of a structure, memorial or site within any historic dis- trict and it shall have the power to pass upon such plans before a permit for such activity can be granted; provided that the Com- mission shall pass only on such exterior features of such a change as are visible from the public way, and shall not consider interior arrangements. The Colluiission shall issue a certificate of appro- priateness if it approves the plans submitted to it for review. The Commission shall approve the plans only if it finds that one of the following conditions applies: 1. The proposed work in creating, changing, destroying or affecting the exterior architectural features of the im- provement or site upon which the work is to be done will not have a substantial adverse effect on the aesthetic, historical or architectural significance and value of either the landmark or, if the improvement is within a district, of the neighboring._improvements: in such dis- trict. In considering architectural and cultural value the Commission shall consider whether the proposed change Supp. #1, April 8, 1976. r A LANDMARKS PRESERVATION § 32.6 is consistent with the historic value and the spirit of the architectural style of the landmark or district; 2. That the denial of a certificate of appropriateness would prevent the owner of the landmark or improvement within a district from earning a.reasonable return on his property subject to this regulation; or In the case of a non-commercial use, that the denial of a Certificate of Appropriateness will seriously inter- fere with the use of the property. The Building Commissioner shall not issue an alteration permit until such certificate of appropriateness has been issuedby the Commission. [Subd. E amd. by Ord. passed 10/1/75.] F. Demolition of structures. Demolition of structures erected on landmark sites or within historic districts and deemed by the Commission to be of a particu- lar architectural or historical significance shall be prohibited unless, upon application and hearing the Commission finds that either: 1. In the case of commercial property, that prohibition of demolition preventsthe owner,of the property from earn- ing a reasonable return; or 2. In the case of non-commercial property, all of the fol- lowing: (i) that preservation of the structure will seriously interfere with the use of the property; (ii) that the structure is not capable of conversion to a useful purpose without excessive costs; and (iii) that the cost of maintaining the structure without use would entail serious expenditure all in the light of the purposes and resources of the owner. In the event that upon application and hearing the Commission shall determine that an exception to the prohibition of demolition as set forth above exists, the Commission may, notwithstanding such determination, if it finds that the structure is of unique value, deny permission to demolish. Supp. #1, April 8, 1976. 32.7 LANDMARKS PRESERVATION § 32.6 Provided, however that a denial of permission to demolish shall prohibit demolition for no more'than 90 days from the date of the hearing on said application, unless at the expiration of 90 days adjustments have been made which negate the findings of either ,sub -paragraph 1 or 2 above. During this 90 -day period, the Com- mission will endeavor to work out with the owner an economically feasible plan for the preservation of such structure, provided that, subject to approval of Common Council the City shall reimburse the owner any difference between a fair return and the return he might reasonably have obtained using the structure in its then state. [Subd. F amd. by Ord passed 10/1/75.] G. Exemption from taxation. The Landmarks Preservation Commission may recommend that. the Common Council of the City of Ithaca exercise its authority to exempt such structures as may be designated by the Commission as having historical and architectural value, from municipal taxa- tion for such period of years as the Council may determine; pro- vided however, that the owners of said structures, for themselves, their heirs and assigns, shall agree by covenants contained in. duly executed instruments capable of being recorded, with the Com- mission and the City of Ithaca, that the said structures shall never be altered or demolished without the approval of the Land - [Next page is 32.8] Supp. #1, April 8, 1976. § 32.6 MUNICIPAL CODE marks Preservation Commission. H. Gifts and grants-in-aid. The Commission shall maintain a constant effort to seek out and obtain state and federal funds available for Landmark and Historic District Preservation. The Commission may solicit and accept - gifts which enable it to finance arrangements entered into pursu- ant to Subdivision F above. _ I. City improvements. Plans for the material change of use or appearance of any im- provement or proposed improvement which (1) is owned by the City and (2) is or is to be located on a landmark site or in an his- toric district, shall, prior to City action approving or other- wise authorizing the use of such plans with respect to securing the performance of such work, be referred by the agency of the City having responsibility for the preparation of such plans to the Commission for a report. Such report shall be submitted to the Mayor and to the agency having such responsibility within thirty (30) days after such referral. No officer or agency of the City whose approval is required by law for the construction or effectuation of a city -aided project shall approve the plans or proposal for, or application for approval of, such project, unless, prior to such approval, such officer or agency has re- ceived from the Commission a report on such plans, proposals or application for approval. J. Investigations and studies. The Commission shall make such investigations and studies of matters relating to the protection, enhancement, perpetuation or use of landmarks and historic districts, and to the restoration of landmarks as the Commission may, from time to time, deem neces- sary or appropriate for the effectuation of the purposes of this Chapter, and may submit reports and recommendations as to such matters to the Mayor and other agencies of the City. In making such investigations and studies, the Commission may hold public hearings and call upon experts as it may deem necessary or appro- priate. § 32.7 Procedure to obtain alteration permit A. Application for alteration permit. Supp. #1, April 8, 1976. LANDMARKS PRESERVATION § 32.7 It shall be the duty of the Building Commissioner to accept appli- cations for the alteration permits required by this enactment. In_ the event that a building permit would be required to proceed with. the proposed development notwithstanding the provisions of this Chapter, the application for a building permit shall be treated as an application for an alteration permit. B. Information and exhibits required. \ Application for an alteration permit shall be made to the Build- ing Commissioner. In the event that the application is made by way of an application for a building permit, the application will state that the work is to be done on a landmark or within an historical district. Drawings and/or sketches and photographs illustrating the applicant's proposal 'shall be submitted. These exhibits shall show the structure, memorial or site in question and shall illus- trate the visual impact the proposed change will have upon it and its surroundings. Where facade changes are proposed in an histor- ic district their effect upon adjoining properties must be shown. C. Referral to Commission. Upon the filing -of such application, the Building Commissioner shall immediately notify the Landmarks Preservation Commission of the receipt of such application and shall transmit it together with accompanying plans • and other information to the Commission, unless it pertains solely to the interior of the structure. D. Meeting to review plans; time limit... The Landmark's Preservation Commission shall meet within fourteen (14) days after notification by the Building Commissioner of the filing, unless otherwise mutually agreed upon by the applicant and Commission, and shall review the plans according to the duties and powers specified herein. In reviewing the plans, the Commission may confer with the applicant or his authorized representative for the alteration permit. E. Approval or disapproval. The Commission shall approve or disapprove such plans, and if approved shall issue a certificate of appropriateness, which is to be signed by the Chairman, attached to the application for an alteration permit and .immediately transmitted to -the uilding Commissioner. 32.9 § 32.7 MUNICIPAL CODE F. Disapproval; reasons to be stated. If the Commission disapproves of such plans, it shall state its reasons for doing so and shall transmit a record of such action and reasons therefor, in writing, to the Building Commissioner and to the applicant. The Commission may advise what it thinks is proper if it disapproved of the plans submitted. The applicant, if he so desires, may make modifications to his plans and shall have the right to resubmit his application at any time after so doing. G. Certificate of appropriateness. No alteration permit shall be issued authorizing a material change in use or appearance of a landmark or of a structure, mem- orial or site within an historic district until a certificate of appropriateness has been filed with the Building Commissioner. In the event the Commission disapproves of a proposed plan, its no- tice of disapproval shall be binding upon the Building Commissioner and no permit shall be issued in such a case. The failure of the Commission to act within forty-five (45) days from the date of an application filed with it, unless an extension is agreed upon mutually by the applicant and the Commission, shall be deemed to constitute approval. In the event, however, that the Commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and informa- tion than can be obtained within the aforesaid period of forty-five (45) days, then in said event the Commission shall have a period of up to ninety (90) days within which to act upon such an appli- cation. H. Inspections after granting. After the certificate of appropriateness has been issued and the permit granted to the applicant, the Building Commissioner shall from time to time inspect the construction, alteration or repair approved by such certificate and shall take such action as is necessary to enforce compliance with the approved plans. I. Ordinary maintenance. Nothing in this Chapter shall be construed to prevent ordinary maintenance or repair oP any structure within an historic district = or on a landmark site. - - - - - -- - 32.10 r ;q LANDMARKS PRESERVATION- § 32.10 § 32.8 Cooperation of other :of-ficials As an aid toward cooperation in matters which concern the integ- rity of the designated landmarks and historical districts, all pub- lic officials shall upon request furnish to the Commission within a reasonable time the available maps, plans, reports, statistical or other information the Commission may require for its work. § 32.9 Appeals from rulings and determinations of Commission Appeals may be taken to the Common Council by any person aggrieved 'by a ruling or determination.of the Landmarks Preservation Commis- sion. § 32.10 Violations and penalties. For every violation of any provision of this Chapter the owner, general agent, tenant, occupant or contractor of a structure, mem- orial.. or site involved shall be guilty of an offense punishable by a fine not exceeding fifty ($50.00) dollars or by imprisonment for a period not exceeding sixty (60) days, or both. Each week's. continued breach shall constitute a separate additional violation. In addition, the City shall have such other remedies as are pro- vided by law to enforce the provisions of this Chapter. Authority: Gen Mun L.§ 96-a (2nd so numbered). Cross -References: Building Code Enforcement; Chapter -26. Housing Code, Chapter 27. Zoning, Chapter 30. (See p. 32.12 for designated historic districts.) References: City is proper party to prevent state agency from demolishing building designated by city landmarks preservation commission. Montgomery v. State, 1972, 69 Misc 2d 127, affd 43AD2d 552, appeal dismissed 33 NY 2d 1008. Zoning - Historic. County is subject to and must obtain a demolition permit from city's Landmarks Preservation Commission before a building designated as an historic landmark can be demolished. (Authorityto enact historic zoning ordinance is set forth in Gen Mun L § 96-a). City of Ithaca v. Co. of Tompkins, 77 Misc 2d 882. Supp. f2, April 6, 1977. 32.11 LANDMARKS PRESERVATION COMMISSION CITY OF ITHACA, NEW YORK RULES OF PROCEDURE Adopted by the Commission, April 28, 1971 Amended 10 April 1972 Sec. 101 GENERAL GOVERNING RULES The Landmarks Preservation Commission shall be governed by the provisions of all applicable state statutes, local laws, ordinances and these rules. Sec. 201 OFFICERS AND DUTIES (1) Chairman and Vice -Chairman The Commission shall elect annually from its membership by a majority vote of the members attending a Chairman and Vice -Chairman who may be elected to succeed themselves. The term of office of the Chairman and Vice -Chairman shall be one year. This election shall be held at the first regular meeting of the year. The Chairman, or in his absence or incapacity the Vice -Chairman, shall decide all points of order or procedure and may administer oaths, and compel the attendance of witnesses. (2) Secretary In accordance with Section 1 of the Landmarks Ordinance, as codified, the Planning Officer or his designee shall act as Secretary. The Secretary shall keep all records, conduct all correspondence of the Commission and supervise the clerical work of the Commission. The Secretary shall keep a minute book of the proceedings of each meeting and hearing which shall include the vote of each member on each designation and approval of Certificate of Appropriateness or if absent or failing to vote, indicating such fact; the names and addresses of all witnesses, a summary of the facts on which the decision is based, and the decision rendered, and other official actions of the Commission. Sec. 301 MEETINGS (1) Quorum A quorum shall consist of a majority of the Commission. (2) Time of Meeting a. Regular meetings shall be held on the second Monday of each month at such hour as the Chairman may designate. The first regular meeting in January shall constitute the annual organization meeting of the Commission. b. Special meetings may be called by the Chairman at any time provided that at least 48 hours notice shall be given each member before a special meeting is held. A special meeting.may be called -by any three members of the Commission provided reasonable notice is given to all the members. (3) Cancellation of Meetings , Whenever there are no designations or other pertinent business to be considered at a regular meeting, the Chairman may dispense with such meeting by so notifying each member at least 1+8 hours prior to the time set for such meeting. (1+) Order of Business The order of business shall be: a. Roll Call b. Public hearings c. Approval of minutes d. Action on held cases e. Action on new cases f. Other business g. Adjournment (5) Voting and Disqualification of Members All matters shall be decided by amajority vote of those present and a roll call vote may be requested by any member. A roll call vote must be held in case of designation of a property, and in case of final action pertaining to demolitions and alterations. No member of the Commission shall sit in hearing or vote on any matter in which he shall be beneficially interested.* *Recognizing that there are ways, other than attending hearings, by which a member of the Commission may become fully acquainted with the pros and cons of a designa- tion, it is the intention of this Commission to depend on the discretion of the individual member as to whether he has sufficient information to allow him to render a fair judgment at the final vote. A member may abstain from voting or disqualify himself from participating in the final discussion and voting, for lack of information, or by reason of beneficial interest as a result of family or other personal connections, or financial interest in the -property concerned or adjacent. per Minutes of 28 April 1971 Sec. 401 PUBLIC HEARINGS PERTAINING TO A DESIGNATION (1) Open Meetings All regular or special meetings shall be open to the public and shall be considered public hearings for purposes of designations and other business requiring public hearings. (2) Notice of Hearings No designation shall be decided until after due notice has been given and a public hearing has been held thereon. Due notice of a hearing shall be as follows: a. By publication of a notice thereof once in one official paper of the city at least fifteen (15) days before the date of hearing. b. The Commission shall mail notice of the hearing to the owner of the property to be considered or his attorney or agent at least fifteen (15) days be- fore the date of the public hearing. c. The Commission shall also, in the case of a designation of a Historic District, and, insofar as practicable, mail notices of the hearing to all property owners as appears on the latest tax roll of the city, within a two hundred foot (200') radius of the premises affected by the designation. Such notices shall be mailed to the street address of the properties within 200' radius regardless of whether or not the owner resides therein, unless the Commission has definite know- ledge of other addresses of absentee owners. Notice of the hearing shall also be sent to the councilmen of the district within which the proposed Historic District is located. Compliance with this sub -paragraph shall not be a condition precedent to proper legal notice and no hearing or action taken thereon shall be deemed invalid or illegal because of any failure to mail the notices proviced for in this sub -paragraph. (3) Conduct of Public Hearings Any person may appear in person, by agent or attorney at any public hearing. The order of proceedings in the hearing of each case at a public hearing shall be as follows: a. Reading of the public notice of the hearing by the Chairman. b. .Reading of pertinent written commends or reports concerning the designation. c. Witnesses in favor of the designation. d. Witnesses in opposition to the designation. e. Rebuttals. The Chairman or any member of the Commission may require any witness to swear or affirm that his or her statements of fact are true. (4+) Rehearings No request for a reconsideration of a decision shall be accepted at any time, if it appears that no substantial change in facts, evidence, or conditions of the property has occurred. Sec. 402 PUBLIC HEARINGS PERTAINING TO AN APPLICATION FOR A MATEEIAL CHANGE OF USE OR APPEARANCE, OR DEMOLITION (1) Time of Hearings Within fourteen (14+) days after notification by the Building Inspector of an application for an alteration or demolition permit, unless the applicant waives the right to have a meeting within fourteen (14+) days in a writing sub- scribed by the applicant or his duly authorized agent or attorney, the Commission shall meet to review the said application. (2) Notice The Commission shall cause to be published notice of any hearing pertaining to an application for a material change of use or appearance, or demolition, at least three days in advance thereof. (3) Conduct of Hearings The order of proceedings in the hearing of each application shall be as follows: (a) Reading of the application for a material change of use or appearance, or demolition, by the Chairman. (b) Decision by the Commission that the application complies in all respects with Section 2)+-6(b) as codified of the Landmarks Preservation Ordinance. In the event that the equivalent information is already on file with the Commission, the applicant may reduce his documentation accordingly. (c) Witnesses in favor of the application. (d) Witnesses in opposition to the application. (e) Rebuttals. (f) The Commission may on their own motion call upon persons who could qualify as experts in a court of law to testify amicus curiae upon any issue raised within their own professional competence. (g) The Chairman or any member of the Commission may require any witness to swear or affirm that his statements of fact are true. (4) Rehearings No request for a reconsideration of a decision shall be accepted at any time, if it appears that no substantial change in facts, evidence, or conditions of the property has occurred. Sec. 501 DECISIONS (1) Form of Decisions All decision of the Landmarks Preservation Commission shall be by resolution. The basis for the determination of each decision, and a detailed summary of the facts upon which the determination is made, shall be recorded in the decision and shall constitute a part of the record thereof. (2) Filing of Decisions (a) Within seven days after designation of a Landmark or Historic District, the Commission shall file a copy of such designation with the Planning Board, with the City Building Commissioner, and with the Common Council. Any designation approved by the Council shall be final and in effect on andafter the date of approval by the Council. (b) With reference to applications for permission to make a material change in use or appearance, a Certificate of Appropriateness shall take the form of a letter signed by the Chairman listing in detail the approved changes. Copies of the Certificate of Appropriateness shall be sent to the Building Commissioner, the applicant, and when appropriate, the record owner of the affected parcel. (3) Emergency Repairs Any two members of the Commission may authorize temporary emergency repairs affecting the exterior of a designated building when necessary in the opinion of the Building Commissioner to correct an unsafe or dangerous condition. Permanent repairs can be approved only by the Commission as a whole. Sec. 601 APPEALS (1) Time Limit for Appeals An appeal must be made within 60 days after the action of the Commission which is being appealed from. (2) Filing of Appeals The applicant shall file his appeal in duplicate with the Secretary of the Commission; one copy of which shall be forwarded to the Secretary of the Common Council of the City of Ithaca. Appeals shall be signed by property owners or a certified agent. Sec. 701 AMENDMENTS These rules may be amended at any regular meeting by an affirmative vote of not less.than four voting members of the Commission, provided that such amendment has been presented in writing to each member of the Commission at least 18 hours preceding the meeting at which the vote is taken.