[HISTORY: Adopted by the Common Council of the City of Ithaca 7-2-2012 by Ord. No.
2012-05; amended in its entirety 12-4-2013 by Ord. No.
2013-18. Subsequent amendments noted where applicable.]
This chapter shall be known and may be cited as the "City of
Ithaca Landmarks Preservation Ordinance."
The purpose of this chapter is to:
A.
Promote the educational, cultural, economic and general welfare of
the public through the protection, enhancement and perpetuation of
buildings, structures, landscape features, archeological sites, and
districts of historic and cultural significance.
B.
Safeguard the City's historic, aesthetic and cultural heritage
as reflected in such buildings, structures, landscape features, archeological
sites, and districts.
C.
Protect the value of historic properties and their owners' investment
in them, and stabilize historic neighborhoods.
D.
Foster civic pride in the legacy of beauty and achievements of the
past.
E.
Protect and enhance the City's attractiveness to tourists and
visitors and the support and stimulus to the economy thereby provided.
F.
Strengthen the economy of the City.
G.
Promote the use of buildings, structures, landscape features, archeological
sites, and districts of historic and cultural significance as sites
for the education, pleasure and welfare of the people of the City.
H.
Insure the harmonious, orderly, and efficient growth and development
of the City.
A.
As set forth in § 73-4, the Ithaca Landmarks Preservation Commission is responsible for recommending to Common Council the designation of identified structures or resources as individual landmarks and historic districts within the City.
B.
The Ithaca Landmarks Preservation Commission may recommend such designation
of an individual property as an individual landmark if it:
(1)
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;
(2)
Is identified with historically significant person(s) or event(s);
(3)
Embodies the distinguishing characteristics of an architectural style;
(4)
Is the work of a designer whose work has significantly influenced
an age; or
(5)
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristics.
C.
The Ithaca Landmarks Preservation Commission may recommend such designation
of a group of properties as an historic district if the group:
D.
Notice of a proposed designation shall be sent to the owner or owners
of the property or properties proposed for designation, describing
the property proposed, or if in a district, the proposed district
boundary, and announcing a public hearing by the Commission to consider
the designation. Where the proposed designation involves so many owners
that the Commission deems individual notice to be infeasible, notice
may instead be published at least once in the City's official
newspaper at least 15 days prior to the date of the public hearing.
E.
Once the Commission has issued official notice of a proposed designation, no building permits or demolition permits shall be issued by the Director of Planning and Development or the Director of Code Enforcement until said proposed designation has been acted upon by Common Council, but in any event no longer than 90 days after completion of the public hearing required by § 228-3F, unless:
F.
The Commission shall hold a public hearing prior to designation of
any individual landmark or historic district. Notice of the public
hearing shall be published at least once in the City's official
newspaper at least 15 days prior to the date of the public hearing.
The notice shall specify the time and place of the public hearing,
a brief description of the proposed designation, and the location
where the proposal may be reviewed prior the hearing. The Commission,
property owners, 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 individual landmark or historic district. The record
may also contain staff reports, public comments, expert testimony,
or other evidence offered outside of the hearing.
G.
Within seven days after it has recommended designation of an individual
landmark or historic district, the Commission shall file a copy of
such recommended designation with the Planning and Development Board
and with Common Council.
H.
Within 60 days of the Commission recommending designation, the Planning
and Development Board shall file a report with Common council with
respect to the relation of such proposed designation to the Comprehensive
Plan, the zoning laws, projected public improvements, and any plans
for the renewal of the site or area involved. The Council shall, within
90 days of said recommendation of designation, approve, disapprove,
or refer the proposed designation back to the Commission for modification.
I.
Any designation approved by the Council shall be in effect on and
after the date of approval by Council. The Commission shall forward
notice of each property designated as an individual landmark and the
boundaries of each designated historic district to the Director of
Planning and Development or the Director of Code Enforcement, and
the City Clerk for recordation.
As set forth in § 73-4, the Ithaca Landmarks Preservation Commission is responsible for the approval or disapproval of proposals for exterior changes to a designated historic property. No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction, or moving of an individual landmark or property within an historic district, nor shall any person make any change in the exterior appearance of such property, its site, its light fixtures, signs, sidewalks, fences, steps, paving, or other exterior elements, without first obtaining a certificate of appropriateness or finding of economic hardship from the Ithaca Landmarks Preservation Commission, or obtaining approval by the Commission's Secretary pursuant to § 228-7C, or upon order of the Director of Planning and Development, or Director of Code Enforcement, Superintendent of Public Works, or Fire Chief pursuant to § 228-13. Any exterior alteration made in the absence of such required approvals must be reviewed retroactively by the Ithaca Landmarks Preservation Commission, applying the criteria for approval set forth in §§ 228-6 and 228-10 as though the work had not yet been completed. All changes to City-owned property affecting an individual landmark or within an historic district shall be subject to the provisions of this ordinance.
No certificate of appropriateness is required for temporary
improvements. Temporary improvements are those that will be in place
for no more than 180 consecutive days and result in no permanent physical
alteration of the structure or site.
A.
The Commission shall approve the issuance of a certificate of appropriateness
only if it determines that the proposed work will not have a substantial
adverse effect on the aesthetic, historical, or architectural significance
and value of either the individual landmark, or if the proposed work
is within an historic district, of the neighboring properties in such
district.
B.
In making this determination, the Commission will be guided by the
Secretary of the Interior's Standards for Rehabilitation, and
by the following principles:
(1)
The historic features of an individual landmark shall be altered
as little as possible and any alterations made shall be compatible
with the historic character of the landmark.
(2)
The historic features of a property located within, and contributing
to the significance of, an historic district shall be altered as little
as possible and any alterations made shall be compatible with both
the historic character of the individual property and the character
of the district as a whole.
(3)
New construction located within an historic district shall be compatible
with the historic character of the district within which it is located.
C.
In applying the principle of compatibility set forth above, the Commission
shall consider the following factors:
(1)
The general design and character of the proposed alteration or new
construction relative to existing features of the property;
(2)
The scale and visual compatibility of the 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 the property and other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, including the proportions
of the property's facade proportions and arrangement of windows,
doors, and other openings; roof shape; and rhythm of spacing of properties
along the street, including setbacks; and
(5)
The importance of historic, physical, and visual features to the
significance of the property.
D.
In passing upon an application for a certificate of appropriateness,
the Landmarks Preservation Commission shall not consider changes to
interior spaces or to exterior paint colors.
E.
In cases of a retroactive review of completed work, the Commission
may approve any portion of the completed project that is found to
meet the criteria for approval enumerated in this section while referring
to the Office of the City Attorney for potential prosecution any portion
of the project that does not meet such criteria for approval.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for a building
permit with the Building Division and an application for such certificate
with the Commission. The application, available on the City's
website and through the Department of Planning and Development, shall
contain:
(1)
Building permit application number, as assigned by the Building Division;
(2)
Name, mailing address, email address, and telephone number of the
applicant;
(3)
Location and photographs of the property;
(4)
Elevation drawings of proposed changes, if available;
(5)
Perspective drawings, including relationship to adjacent properties,
if available;
(6)
Samples of building materials to be used, including their proposed
color;
(7)
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; and
(8)
Any other information that the Commission may deem necessary in order
to visualize the proposed work.
B.
No building permit shall be issued for the proposed work until a
certificate of appropriateness has first been issued by the Commission.
The certificate of appropriateness required by this chapter 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 Ithaca.
C.
The Commission may delegate to the Commission's Secretary the
authority to:
(1)
Determine whether proposed work constitutes ordinary maintenance
and repair for which a certificate of appropriateness is not required;
(2)
Approve work that is considered replacement-in-kind;
(3)
Approve work that is of any other type that has been previously determined
by the Commission to be appropriate for delegation to staff, as reflected
in the City of Ithaca Landmark and Historic District Design Guidelines.
On at least a quarterly basis, the Commission shall review the certificates
of appropriateness, if any, issued by the Commission's Secretary,
to determine whether or not the delegated review responsibilities
should continue or their scope be modified.
D.
Upon application for a certificate of appropriateness, a public notice
of the proposal shall be posted by the owner or owner's representative
on the property for a minimum of 10 days. This notice must remain
in place until a decision to approve or deny the certificate of appropriateness
has been made. The notice shall specify the proposed work, the time
and place of the public hearing, and to whom and by when any public
comments are to be communicated. The notice must be placed at or near
the property line in the front yard so that it will be plainly visible
from the street, and, in cases where a property has frontage on more
than one street, an additional sign must be placed at or near the
property line on any additional street frontage so that the sign will
be plainly visible from the street on which it has such additional
frontage.
E.
The Commission shall hold a public hearing prior to rendering a decision
on any application for a certificate of appropriateness. Notice of
the public hearing shall be published at least once in the City's
official newspaper at least five days prior to the public hearing.
The notice shall specify the time and place of the public hearing,
a brief description of the proposal, and the location where the proposal
may be reviewed prior to the hearing. The property owner and any interested
party may present testimony or documentary evidence regarding the
proposal at the hearing, which will become a part of the record. The
record may also contain staff reports, public comments, and other
evidence offered outside of the hearing.
F.
The Commission shall approve, deny, or approve with conditions or
modifications the certificate of appropriateness within 45 days from
the completion of the public hearing, except as noted below. The failure
of the Commission to act within 45 days from the completion of the
public hearing, unless an extension is mutually agreed upon in writing
by the applicant and the Commission shall be deemed to constitute
approval.
(1)
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 information than can be obtained within
the aforesaid forty-five-day period, then the Commission shall have
a period of up to 90 days within which to act upon such an application.
(2)
In the event, however, that environmental review of an application
is required, the Commission shall approve, deny, or approve with conditions
or modifications the certificate of appropriateness within 65 days
from the completion of environmental review. The failure of the Commission
to act within 65 days from the completion of the environmental review,
unless an extension is mutually agreed upon in writing by the applicant
and the Commission shall be deemed to constitute approval.
G.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by mail, and a copy filed with the Director
of Planning and Development or Director of Code Enforcement, and City
Clerk for public inspection, within 10 days of the date of the decision.
The Commission's decisions shall state the reasons for denying
or modifying any application.
If the construction of a project approved for a certificate
of appropriateness has not commenced within 24 months of the date
of the approval, such approval shall expire, unless an extension has
been granted by the Landmarks Preservation Commission following a
written request by the applicant. An application for an extension
of certificate of appropriateness approval shall not be considered
a new certificate of appropriateness application.
A.
Large projects that could potentially have a significant impact on
an individual landmark or historic district are required to participate
in the early design guidance process. The purpose of this process
is to provide input from the Commission on the design of the project
as it relates to criteria for the approval of a certificate of appropriateness
at a time when such input may readily be incorporated into the design
without adversely affecting design costs or the project schedule.
B.
For the purposes of this chapter, large projects are defined as:
(1)
New construction in an historic district of any primary structure;
(2)
New construction of any accessory structure with a gross square footage
of 800 square feet or more in an historic district, or new construction
of any accessory structure with a gross square footage of 800 square
feet or more on the same tax parcel as an individual landmark when
that tax parcel is less than five acres in size, or new construction
of any accessory structure with a gross square footage of 800 square
feet or more on the same tax parcel as an individual landmark when
that tax parcel is more than five acres in size and when the proposed
accessory structure will be located within 150 feet of the individual
landmark;
(3)
New additions that will increase the existing footprint of an individual
landmark or a structure located within an historic district by 50%
or more; or
(4)
Any renovation or reconstruction (excluding projects that involve
only the replacement of roof coverings) that will affect 50% or more
of the exterior envelope of an individual landmarks or a structure
located within an historic district.
C.
Applicants subject to early design guidance shall submit materials
for review by the Commission as soon as the design has reached a stage
of development that would allow the Commission to understand the basic
proposal and its significant details.
D.
Based on the limited information provided, the Commission will provide
general feedback and nonbinding recommendations and comments that
might help the applicant further refine the project prior to submitting
an application for a certificate of appropriateness.
A.
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the ground of economic
hardship. In order to prove the existence of economic hardship related
to a proposed alteration, the applicant shall establish that the denial
of a certificate of appropriateness will prevent the owner from earning
a reasonable return on investment, regardless of whether that return
represents the most profitable return possible. In the case of nonprofit
ownership, the applicant shall establish that the denial of a certificate
of appropriateness will seriously interfere with, or prevent, the
owner from carrying out its chartered purpose. In either case the
applicant shall establish that the alleged hardship has not been created
by the previous actions or inactions of any person having an ownership
or management interest in the property after the effective date of
local designation.
B.
Demolition of an individual landmark, or of a structure located within, and contributing to the significance of, an historic district, shall be allowed only in cases of economic hardship, except as provided for in § 228-14.
(1)
In order to prove the existence of economic hardship sufficient to
justify demolition, the applicant shall establish to the satisfaction
of the Commission that:
(a)
The denial of the certificate of appropriateness will prevent
the owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible;
(b)
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 on investment;
(c)
Diligent efforts to find a purchaser interested in acquiring
the property and preserving it have failed; and
(d)
The alleged hardship has not been created by the previous actions
or inactions of any person having an ownership or management interest
in the property after the effective date of local designation.
(2)
Or, in the case of nonprofit ownership that:
(a)
The denial of the certificate of appropriateness will either
physically or financially prevent, or seriously interfere with, the
nonprofit owner carrying out its chartered purpose;
(b)
The property cannot be adapted for any other use that would
result in the nonprofit owner being able to carry out its chartered
purpose; and
(c)
The alleged hardship has not been created by the previous actions
or inactions of any person having an ownership or management interest
in the property after the effective date of local designation.
A.
After the Landmarks Preservation Commission has denied a certificate
of appropriateness, an applicant may commence the economic hardship
process. Consideration of an application for a finding of economic
hardship may occur at the same meeting as consideration of an application
for a certificate of appropriateness. No building permit or demolition
permit shall be issued unless the Commission determines that an economic
hardship exists and issues a finding of economic hardship, except
in cases where the Building Division, upon due deliberation, has made
an express finding that the structure presents an imminent threat
to the public health, safety, and welfare.
B.
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.
C.
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 appropriate preservation of
the property.
D.
All decisions of the Commission shall be in writing and shall state
the reasons for granting or denying the requested finding of economic
hardship. A copy shall be sent to the applicant by mail and a copy
filed with the Director of Planning and Development or Director of
Code Enforcement and City Clerk for public inspection within 10 days
of the date of the decision.
E.
If a finding of economic hardship is issued, the Commission shall
approve only such work as is necessary to alleviate the hardship.
B.
If the cost of an action required by the Commission would exceed
by 20% or more the cost of the action if not regulated by the Commission,
the Common Council reserves the right to determine whether compliance
with the Commission's requirements for that action are prudent
and feasible in light of potentially competing public interests. Should
Common Council determine, upon due deliberation, that such compliance
would not be prudent and feasible, the action may proceed as though
it were not regulated by the Commission.
A.
When in the judgment of the Director of Code Enforcement, Superintendent of Public Works, or Fire Chief there exists an emergency condition that poses an imminent threat to the public health, safety, or welfare, the Director of Code Enforcement, Superintendent of Public Works, or Fire Chief may order the property owner to immediately undertake temporary work to correct the defect while a permanent solution is sought that will satisfy the requirements of § 228-6.
B.
Such temporary work shall remain in place no longer than 180 days. Such one-hundred-eighty-day period may only be extended by, and in the sole discretion of, the Director of Planning and Development or Director of Code Enforcement. During that time, the owner shall diligently work to identify and propose to the ILPC, Director of Planning and Development, Director of Code Enforcement, Superintendent of Public Works, and Fire Chief a permanent solution to adequately address the public safety concern while satisfying the requirements of § 228-6. Potential solutions identified during this period will be subject to the provisions of §§ 228-10 and 228-11.
C.
If, at the end of the one-hundred-eighty-day period, or authorized extension of this period, the Director of Planning and Development or Director of Code Enforcement has determined that no reasonable solution exists that will achieve the public safety goal and the ILPC has determined that no reasonable solution exists that will satisfy either the criteria of § 228-6 or 228-11, the Director of Planning and Development or Director of Code Enforcement may order permanent work to be undertaken by the owner that will protect the public health, safety, or welfare without the issuance of either a certificate of appropriateness or a finding of economic hardship.
D.
When, in the judgment of the Superintendent of Public Works, there exists on City property, on City-possessed easements, or in the City right-of-way a substantial hazard to the public health, safety, or welfare, the Superintendent of Public Works may pursue those remedies, improvements, and infrastructures that he or she deems appropriate; provided, however, that before doing so, the Superintendent of Public Works shall be required, if practicable, to consult with the Director of Planning and Development, or his or her designee. Where said consultation is not practicable, the Superintendent of Public Works shall be required to consult with the Director of Planning and Development, or his or her designee, within a thirty-day period after pursuing any such remedies, improvements, and infrastructures. Any remedies, improvements, or infrastructures undertaken on order or authorization of the Superintendent of Public Works under the first sentence of this subsection shall not be subject to § 228-6, 228-7 or 228-10. The requirements of this subsection shall apply only to the extent that remedies, improvements, and infrastructures are pursued within an historic district or an individual landmark.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of an
individual landmark or property within a historic district that does
not involve a change in design, building materials, color, or outward
appearance; however, the Commission's Secretary shall determine
whether proposed work constitutes ordinary maintenance and repair
or requires a certificate of appropriateness.
B.
No owner or person with an interest in real property designated as
an individual landmark or included within an historic district shall
permit the property to fall into a serious state of disrepair. Maintenance
shall be required, consistent with the provisions of the Property
Maintenance Code of New York State and all other applicable regulations.
A.
All work performed pursuant to a certificate of appropriateness issued
under this chapter shall conform to the requirements included therein.
It shall be the duty of the Director of Planning and Development or
Director of Code Enforcement to inspect periodically any such work
to assure compliance. In the event work is found that is not being
performed in accordance with the certificate of appropriateness the
Director of Planning and Development or Director of Code Enforcement
shall issue a stop work order and all work shall immediately cease.
No further work shall be undertaken on the project as long as a stop
work order is in effect.
B.
Any owner or person in charge of a property who demolishes or alters a property in the absence of a certificate of appropriateness, a finding of economic hardship, approval by the Secretary of the Commission pursuant to § 228-7C of the City Municipal Code, or upon order of the Director of Planning and Development, Director of Code Enforcement, Superintendent of Public Works, or Fire Chief pursuant to § 228-13 may be required to restore the property and its site to its appearance prior to the violation. In the event distinctive historic features have been removed or otherwise irreversibly altered, such removal or alteration shall constitute a separate violation under this ordinance.
C.
If, in the judgment of the Commission, a violation of § 228-14 exists that will result in a detrimental effect upon the life and character of a designated historic property or on the character of a historic district as a whole, the Commission shall notify the Director of Planning and Development or Director of Code Enforcement. If, upon investigation, the Director of Planning and Development or Director of Code Enforcement finds noncompliance with the requirements of the Property Maintenance Code of New York State, or any other applicable regulation, the Director of Planning and Development or Director of Code Enforcement shall order such remedies as are necessary and consistent with this chapter and shall provide written notice thereof to the Secretary of the Commission.
D.
Any violation of any provision of this chapter shall be deemed an offense and shall be punishable as provided in Chapter 1 of the Municipal Code, General Provisions, Article I, Penalties. Each day's continued breach shall constitute a separate additional violation. In addition, the City shall have such other remedies as are provided by law to enforce the provision of this chapter.
Any person aggrieved by any decision by the Commission may apply
to the Supreme Court in the State of New York for review under Article
78 of the Civil Practice Law and Rules within 30 days of publication
of the decision.
