City of Lockport, NY Historic Preservation

[HISTORY: Adopted by the Common Council of the City of Lockport 9-17-2008. Amendments noted where applicable.]

It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the economic, cultural, educational, and general welfare of the public. Inasmuch as the identity of a people is founded on its past and inasmuch as Lockport has many significant historic, architectural and cultural resources, which constitute its heritage, this act is intended to:

Protect and enhance the landmarks and historic districts, which represent distinctive elements of Lockport's historic, architectural, and cultural heritage;

Foster civic pride in the accomplishments of the past;

Protect and enhance Lockport's attractiveness to visitors and the support and stimulus to the economy thereby provided;

Ensure the harmonious, orderly, and efficient growth and development of the City of Lockport; and

Promote the use of historic resources for education, pleasure, and the welfare of the citizens of the City and the state.

§ 116-2 Historic Preservation Commission.

There is hereby created a commission to be known as the "City of Lockport Historic Preservation Commission."

The Commission shall consist of nine members to be appointed, to the extent available in the community, by the Mayor as follows:

(1)

At least one shall be an architect and/or engineer experienced in working with historic buildings;

(2)

At least one shall be an attorney at law, duly licensed to practice before the courts of the State of New York;

(3)

At least one shall be affiliated with the City of Lockport's Community Development Agency and/or Building Inspection Department;

(4)

At least one shall be an historian, preferably the designated Historian of the City of Lockport;

(5)

At least one shall be a resident of an historic district;

(6)

At least one shall be a real estate professional;

(7)

At least one shall have demonstrated significant interest in and commitment to the field of historic preservation, evidenced either by involvement in a local historic preservation group, employment or volunteer activity in the field of historic preservation, or other serious interest in the field; and

(8)

All members shall have a known interest in historic preservation and architectural development within the City of Lockport.

At least seven of the nine designated members shall be residents of the City of Lockport.

Commission members shall serve for a term of four years, with the exception of the initial term of one of the nine members, which shall be one year, one, which shall be two years, and one, which shall be three years.

At the inception of the Commission, the Chairman shall be appointed by the Mayor of the City of Lockport and the Vice Chairman shall be elected of and by the members, each of these for a term of four years. Thereafter, these positions shall be filled by election of and by the members of the Commission, each for a term of one year.

The City of Lockport is to provide for the process of recording of proceedings of the Commission. The record of proceedings shall be kept on file in the office of the Clerk of the City of Lockport.

The powers of the Commission shall include:

(1)

Selection and employment of staff and professional consultants as necessary to carry out the duties of the Commission, with funding approved by the Common Council of the City of Lockport, and;

(2)

Promulgation of rules and regulations as necessary to carry out the conduct of the business of the Commission; and

(3)

Adoption of criteria for the identification of significant historic, architectural, and cultural landmarks and for the delineation of historic districts; and

(4)

Conduct of surveys of significant historic, architectural, and cultural landmarks and historic districts within the City; and

(5)

Designation of identified places, districts, sites, buildings, structures or other resources having special character or special historical interest as landmarks and historic districts; and

(6)

Acceptance on behalf of the City government and, with the consent of the Common Council, of the donation of facade easements and development rights, and the making of recommendations to the City government concerning the acquisition of facade easements or other interests in real property as necessary to carry out the purposes of this act; and

(7)

Increasing public awareness of the value of historic, cultural and architectural preservation by developing and participating in public education programs:

(a)

Formulating recommendations concerning the preparation of maps, brochures, and historical markers for selected historical and/or architectural sites and buildings;

(b)

Informing and educating the citizens of Lockport concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars; and

(8)

Making recommendations to City government concerning the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the City; and

(9)

Recommending acquisition of a landmark property or other real property by the City government where its preservation is essential to the purposes of this act and where private preservation is not feasible; and

(10)

Approval or disapproval of applications for certificates of appropriateness pursuant to this act; and

(11)

Inventorying and designating all historically significant buildings, structures, sites, or districts within the City, enlisting the voluntary assistance of interested civic, social, and educational organizations, including the Lockport City School District. The initial inventory shall be completed within two years of the effective date of this chapter or the date of the appointment of members to the Commission created hereunder, whichever is later, or such other extended times as adopted by resolution of the Commission. Such inventory shall be reviewed, updated, or revised, where necessary, each year thereafter before the submission of the annual alterations shall be distributed to the City Building Inspector, Clerk, Historian, and Assessor; and

(12)

Advising and assisting owners on physical aspects of preservation, renovation, rehabilitation, and reuse, or procedures for inclusion in the National Register of Historic Places and on participation in state and federal preservation programs; and

(13)

Conferring recognition upon the owners of landmarks or properties within an historic district by means of certificates, plaques, or markers; and

(14)

Requesting advisory opinions on any matter before the Commission from the Mayor, the City Clerk, the Common Council, Corporation Counsel, the Planning and Zoning Board/Building Inspections Department, the Zoning Board of Appeals, the Department of Assessor, the Community Development Department, the Engineering Department, and any other body, agency, or department of the City; and

(15)

Reviewing and making advisory recommendations on any matter before the Commission to the Mayor, the City Clerk, the Common Council, Corporation Counsel, the Planning and Zoning Board/Building Inspections Department, the Zoning Board of Appeals, the Department of Assessor, the Community Development Department, the Engineering Department, and any other body, agency, or department of the City; and

(16)

Applying for, accepting, and expending grants and funds for goods and services from private and public sources.

The Commission shall meet at least monthly, but meetings may be held at any time on the written request of any two of the Commission members, based on prior notification to all members and the Mayor on a minimum of three days' notice, or on the call of the Chairman or the Mayor.

A quorum for the transaction of business shall consist of five of the Commission's members, but not less than a majority of the full-authorized membership may grant or deny a certificate of appropriateness.

§ 116-3 Criteria for designation of landmarks or historic districts.

The Commission may designate an individual property as a landmark if it meets one or more of the following criteria.

(1)

The individual property, historic district, or landmark site:

(a)

Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation; or

(b)

Is located on a site of a significant local, state, or national event; or

(c)

Exemplifies the historic, aesthetic, architectural, archaeological, educational, economic, or cultural heritage of the City, state, region, or nation; or

(d)

Is identified with an historic personage(s); or

(e)

Embodies the distinguishing characteristics of an architectural style valuable for the study of a period, type, method of construction, or use of indigenous materials; or

(f)

Is the work of a master builder, engineer, designer, architect, or landscape architect whose individual work has significantly influenced an age and/or the development of the City, state, or nation; or

(g)

Embodies the elements of design, detailing, materials, or craftsmanship that render it architecturally significant; or

(h)

Embodies elements that make it structurally or architecturally innovative; or

(i)

Because of unique location or singular physical characteristics, it represents an established and familiar visual feature of a neighborhood.

(2)

Any structure, property, or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration.

Designation of historic districts.

(1)

The Commission may designate a group of properties as an historic district if it:

(a)

Contains properties which meet one or more of the criteria for designation of a landmark; and

(b)

By reason of possessing such qualities, it constitutes a distinct section of the City of Lockport.

(2)

The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the City Clerk's office and the Office of the Niagara County Clerk for public inspection.

§ 116-4 Procedures for designation of landmarks or historic districts.

The Historic Preservation Commission may act on its own initiative or upon application from the owner or other applicant of the proposed landmark, site or property within the proposed district, to consider designation or acquisition of an historic landmark, site, structure or district.

If the proposed action is upon application of the property owner or other applicant, the applicant shall submit an application for designation or acquisition to the Commission. If the proposed action is on its own initiative, the Commission shall prepare a notice of proposed designation or acquisition. For this purpose, the City has prepared a specific application for landmark or historic district designation form. The notice or application shall contain:

(1)

The name and address of the property owner or owners;

(2)

The Assessor's parcel number and address of the landmark site or historic structure, or the boundaries of the proposed historic district with the Assessor's parcel numbers and address of properties within such boundaries;

(3)

Any available surveys, sketches, photographs or drawings of the property or properties;

(4)

A legal description of the property or district;

(5)

The zoning of the property or properties;

(6)

A general statement of the current condition of the property or district;

(7)

State of New York Historic Preservation Office forms;

(8)

The Historic Preservation Commission proposed action or action requested by the owner; and

(9)

Any additional information as the Historic Preservation Commission shall deem necessary.

The application or notice of a proposed designation shall be sent to the City of Lockport departments listed below, and to any other County of Niagara or State of New York agency as the Commission determines to be appropriate. The application or notice shall be given for the purpose of allowing the departments or agencies an opportunity to provide comments on the proposed designation. Any comments received shall be made part of the record.

(1)

Engineering Department.

(2)

Community Development Department.

(3)

Department of Assessor.

(4)

Zoning Board of Appeals.

(5)

Planning and Zoning Board/Building Inspections Department.

Corporation Counsel.

Common Council.

City Clerk.

Mayor.

If acting on its own initiative, the Commission may at any time terminate the proceeding for designation if the Commission determines that designation is not appropriate.

Upon receipt of a complete application, a notice of a proposed designation or acquisition shall be sent by certified and regular mail to the owner of the property or properties describing the property street address and legal description and announcing a public hearing to consider the designation. The Commission shall send notice of the public hearing to the City Clerk. The City Clerk shall publish notice of the public hearing at least once in the City's designated official newspaper for the proposed action at least seven days in advance and shall mail the notice to the owner(s) and/or applicant of any properties proposed for historic designation or of each property to be included in the proposed district. The notice shall announce the proposed action and the date, time and location of the public hearing.

For purposes of this chapter, said designated newspaper shall be the Lockport Union Sun and Journal, Lockport, New York.

Once the Historic Preservation Commission has accepted an application or issued a notice of a proposed designation or acquisition for a landmark site or historic structure, no building or demolition permit shall be issued by the Building Inspections Department, except for emergency work pursuant to Section 108.1, Imminent Danger, of the Property Maintenance Code, Emergency Measures. The Chief Building Inspector shall not issue a building permit for exterior alterations or exterior construction at any such proposed landmark site or historic structure until a final determination on the proposed designation or acquisition has been reached. The Chief Building Inspector may issue a building permit for interior construction or emergency repairs, provided the Historic Preservation Commission receives prior notification.

At the public hearing, the Commission, the property owner(s) and any interested parties may present testimony or documentary evidence at the hearing, which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark site, historic structure, or historic district. The record may also contain staff reports, public comments or other evidence offered outside the hearing.

Within 45 days of the conclusion of the public hearing, the Commission shall approve or disapprove each designation or acquisition, and shall forward its recommendation to the City Council.

At its next scheduled meeting after receipt of any recommendation from the Commission, the City Council shall consider the designation or acquisition of the landmark site or historic structure, or the designation of the historic district. A majority vote shall be required by the City Council for the designation or acquisition. The Mayor shall approve or veto said designation or acquisition as provided by law.

Should the Common Council deny the designation or acquisition recommended by the Commission, the Commission shall have 30 days to file an appeal and present any additional information supporting the recommendation. The approval or denial by the City Council of such an appeal for the recommended designation or acquisition as set forth herein shall be final.

Upon approval of said designation or acquisition by the Council and Mayor, the Commission shall file notice of each property designated or acquired as a landmark site or historic structure and/or of the boundaries of each designated historic district with the Niagara County Clerk, the Niagara County Historian, and the New York State Historic Preservation Officer for recordation as soon as practicable, but no later than seven days after the designation is made. The Commission shall also file notice with the City departments prescribed in Subsection C.

Minutes of any business conducted by the Historic Preservation Commission shall be kept on file by the Lockport City Clerk for public inspection.

§ 116-5 Certificate of appropriateness for alteration, demolition or new construction affecting landmarks or historic districts.

No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of a landmark or property within an historic district, nor shall any person make any material change in the appearance of such property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements which affects the appearance and cohesiveness of the landmark or historic district, without first obtaining a certificate of appropriateness from the Historic Preservation Commission. The certificate of appropriateness shall be in addition to and not in lieu of any building or other permit that may be required by any other ordinance of the City of Lockport.

§ 116-6 Criteria for approval of certificate of appropriateness.

In passing upon an application for a certificate of appropriateness, the Historic Preservation Commission shall not consider changes to interior spaces, unless they are open to the public. The Commission's decision shall be based on the following principles:

(1)

Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible;

(2)

Any alteration of existing properties shall be compatible with their historic character, as well as with the surrounding district; and

(3)

New construction shall be compatible with the district in which it is located.

In applying the principle of compatibility, the Commission shall consider the following factors:

(1)

The general design, character and appropriateness to the property of the proposed alteration or new construction;

(2)

The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;

(3)

Texture, materials, and color and their relation to similar features of other properties in the neighborhood;

(4)

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;

(5)

The importance of historic, architectural or other features to the significance of the property; and

(6)

Any and all other principles which, in its sole discretion, the Historic Preservation Commission shall deem reasonable and appropriate.

§ 116-7 Certificate of appropriateness application procedure.

Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Historic Preservation Commission. For this purpose, the City has prepared a specific application for certificate of appropriateness for alteration, demolition, or new construction affecting landmarks or historic districts form.

(1)

The application shall contain:

(a)

Name, address and telephone number of applicant;

(b)

Name, address, and telephone number of the owner of the property, should the applicant not be the owner;

(c)

Location and photographs of the property;

(d)

The most recently prepared site survey of the property;

(e)

Title search;

(f)

Elevation drawings of proposed changes, if available;

(g)

Perspective drawings, including relationship to adjacent properties, if available;

(h)

Samples of color or materials to be used;

(i)

Where the proposal includes signs or lettering, which shall also be approved by the Planning Department, 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; and

(j)

Any other information which the Commission may deem necessary in order to visualize the proposed work.

(2)

The Commission reserves the right to require the applicant to provide any and all documentation, material, and/or additional information regarding the requested designation should it, in its sole discretion, determine necessary.

No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Historic Preservation Commission. The certificate of appropriateness required by this act shall be in addition to and not in lieu of any building permit that may be required by any other ordinance of the City of Lockport.

The Commission shall approve, deny or approve the permit with modifications within 45 days from receipt of the completed application. The Commission may hold a public hearing on the application, at which an opportunity will be provided for proponents and opponents of the application to present their views.

Certificates of appropriateness shall be valid for 18 months, after which the owner must reapply if he still wishes to undertake work on the property.

One extension of a term of no longer than nine months may be granted, at the sole direction of the Commission, should the applicant so request.

§ 116-8 Hardship criteria for demolition.

An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:

The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;

The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and

Efforts to find a purchaser interested in acquiring the property and preserving it have failed.

§ 116-9 Hardship criteria for alteration.

An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible. The Commission shall, in its sole discretion, determine what shall constitute a reasonable return.

§ 116-10 Hardship application procedure.

After receiving written notification from the Commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.

The Commission may hold a public hearing on the hardship application, at which an opportunity will be provided for proponents and opponents of the application to present their views.

The applicant shall consult in good faith with the Commission, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in preservation of the property.

All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Lockport City Clerk's office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application. If the application is granted, the Commission shall approve only such work as is necessary to alleviate the hardship. The decision shall also be forwarded to the Office of the Niagara County Clerk for recording as soon as practicable.

§ 116-11 Enforcement.

All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to any requirements included therein. It shall be the duty of the Building Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Historic Preservation Commission, the Building Code Enforcement Officer shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.

§ 116-12 Maintenance and repair required.

Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district, which does not involve a change in design, material, color or outward appearance.

No owner or person with an interest in real property designated as a landmark or included within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include:

(1)

Deterioration of exterior walls or other vertical supports.

(2)

Deterioration of roofs or other horizontal 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 which could lead to the claim that demolition is necessary for the public safety.

§ 116-13 Penalties for offenses.

Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be liable to a fine of not less than $250 nor more than $1,000 for each day the violation continues.

Any person who demolishes, alters, constructs, or permits a designated property to fall into a serious state of disrepair in violation of this chapter 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 City Corporation Counsel. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.

§ 116-14 Appeals.

Any person aggrieved by a decision of the Historic Preservation Commission relating to hardship or a certificate of appropriateness may, within 15 days of the decision, file a written application with the Lockport Common Council for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the same criteria.