[Amended 3-5-2019]
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§ 275-14.1.
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Table of contents
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§ 275-14.2.
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Purpose and intent
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§ 275-14.3.
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Applicability
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§ 275-14.4.
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Historic District Commission
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§ 275-14.5.
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Definitions
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§ 275-14.6.
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Designation of Historic District
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§ 275-14.7.
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Identification of Historic District
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§ 275-14.8.
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Delineation of Historic District
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§ 275-14.9.
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Effect of inclusion in Historic District
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§ 275-14.10.
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Development involving property within Historic District
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§ 275-14.11.
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Historic District demolition permit
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§ 275-14.12.
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Historic District relocation permit
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§ 275-14.13.
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Determination of hardship
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§ 275-14.14.
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Demolition by neglect
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§ 275-14.15.
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Appeals
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§ 275-14.16.
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Enforcement
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A.
This article is established by the Rochester City Council pursuant
to and in accordance with NH RSA 673:4 and 674:44a through 674:50.
The purpose of the Rochester Historic Overlay District is to promote
the general welfare of the community by:
(1)
Safeguarding the cultural, social, political, and economic heritage
of the City;
(2)
Fostering the preservation, restoration, and rehabilitation
of structures and places of historic, architectural, and community
value;
(3)
Fostering civic pride in the beauty and noble accomplishments
of the past;
(4)
Furthering the attractiveness of the City of Rochester to home
buyers, tourists, visitors, and shoppers, thereby providing economic
benefit to the City;
(5)
Conserving and improving the value of property in the District;
and
(6)
Enhancing opportunities, where applicable, for financial benefits
for owners of historic properties through grants, low interest loans,
tax credits, and other tax benefits.
B.
New construction is an essential process in a vital community, representing
the current phase of an evolution that has been ongoing since the
settlement of Rochester. There are a number of ways of designing new
buildings and additions that will meet the objectives of this article.
State of the art contemporary architecture is appropriate, and encouraged,
provided that it is respectful of the historic fabric of the District.
This article applies to all properties located within the boundaries
of the Historic Overlay District.
A.
Membership.
(1)
Composition. The Historic District Commission shall consist
of seven regular members and up to five alternate members. Two seats
among the regular members are designated for one member of the City
Council and one member of the Planning Board, respectively. Likewise,
two seats among the alternate members are designated to one member
of the City Council and to one member of the Planning Board, respectively,
which two alternate members may only sit for the regular City Council
and Planning Board members, respectively. All Commission members shall
be appointed in accordance with the provisions of Section 74 of the
Rochester City Charter.
(2)
Qualifications. All members shall be residents of the City of
Rochester. In reviewing the qualifications of a candidate for the
Commission, the Council/Planning Board shall consider his/her demonstrated
interest and experience in, and knowledge of, historic preservation
and his/her ability to administer this article consistent with its
purpose and intent. To the extent that such persons are available
the Council/Planning Board shall seek members with backgrounds or
interest in the fields of architecture, planning, historic preservation,
history, archaeology, anthropology, engineering, construction, real
estate, and law. At least one member shall live or work in the Historic
District.
(3)
Appointments. The members of the Historic District Commission
shall be appointed for terms of three years. Initial appointments
shall be staggered so that subsequent terms will not be coterminous.
B.
Powers and duties. The Historic District Commission shall have the
following powers and duties:
(1)
Applications. Reviewing and approving, approving with conditions,
or denying applications for certificates of approval.
(2)
Consultation. Calling upon City staff, citizens, abutters to
applicants, and professionals, as it sees fit, for input, consultation,
and recommendations on matters before the Commission.
(3)
Surveys. Conducting small area or community-wide surveys of
historic, architectural, and cultural resources.
(4)
National register. Nominating structures and districts for listing
in the National Register and reviewing all proposed National Register
nominations within the City; keeping a record of all properties which
are included in the local historic districts, listed in the National
Register, and determined eligible for National Register listing.
(5)
Planning. Preparing historic resources components of local master
plans and ensuring that historical resources are considered at every
level of local decision-making.
(6)
Advice and advocacy. Advising other agencies of local, state,
and federal government regarding, and advocating on behalf of, the
identification, protection, and preservation of local historic, architectural,
archaeological, and cultural resources.
(7)
Liaison. Acting as a liaison between local government and individuals
or organizations concerned with historic preservation.
(8)
Other applications. Commenting on applications for site plan/subdivision
approval, zoning amendments, variances, special exceptions, and other
approvals affecting property in the Historic District or other historic
resources.
(9)
Amendments. Investigating and recommending to the Planning Board
and City Council amendments to this article and appropriate areas
for designation as historic districts.
(10)
Education. Educating individual members of the Commission, municipal
officials, property owners, and the public about the historic district
and historic preservation.
(11)
Signage and recognition. Developing and administering a system
of markers and monuments recognizing individual properties and the
district and acknowledging special contributions toward historic preservation
by members of the community.
(12)
Budget. Developing and submitting an annual request for funds
to the City Council if desired. Subject to the availability of funds,
the Commission may retain consultants.
(13)
Rules and regulations. Adopting, and from time to time amending,
rules and regulations which are consistent with the intent of this
article and appropriate state statutes.
(14)
Other. Undertaking any other appropriate action or activity
necessary to carry out its mission as embodied in this article.
The following definitions apply to this article only.
Any structure having a roof and intended for the shelter,
housing, or enclosure of persons, animals, or personal property.
Also known as an "historic property." A property that contributes
positively to the Historic Overlay District's architectural quality
and integrity as a result of its location, design, history, condition,
quality, age, materials, workmanship, feeling, and/or association.
This encompasses the building itself and those individual
elements which are integral to the building and are visible on the
exterior. It includes colors, materials, texture, arrangement, architectural
detailing and trim, the roof, windows, doors, foundation, steps, ramps,
porches, decks, awnings, hardware, and light fixtures.
A situation where denial of the applicant's request to perform
particular work upon a specific property that is not in conformance
with the standards of this article would cause substantial difficulty
for the applicant due to significant financial expense, loss of use
of the property, diminution in the usability of the property, or impairment
of the ability of an existing business to function effectively. (Note
that this definition is different from the concept of hardship used
elsewhere in this chapter regarding applications for variances.)
Also known as "Historic District" and "District." An overlay
zone district as described in this chapter.
The shapes, sizes, and arrangement of the three-dimensional
forms that compose a building.
A property which, due to its recent vintage (generally less
than 50 years), incompatible design, incompatible and irretrievable
alterations, or deteriorated condition, would not be considered to
contribute to that character or quality of the District which the
City seeks to preserve.
The relation of one dimension to another, such as the height
of a window compared to its width. Proportion affects visual order
through coordination of such elements as height, width, depth, and
spacing.
A road, sidewalk, footpath, trail, park, or navigable waterway
owned by the City of Rochester or another governmental agency and
intended to be accessible to the public.
The perception of the size of a building or building element
relative to the human body or other buildings or objects in the vicinity.
Anything constructed or erected, the use of which requires
location on the ground, or attachment to something having location
on the ground. Examples include buildings, fences, walls, signs, and
light fixtures.
Sensitive to, evocative of, or harmonious with any particular
style of architecture established prior to 1950 or the prevailing
patterns, forms, or styles of architecture dating from the original
settlement of the United States up to 1950.
A.
Procedures for designation. The Rochester Historic District functions
as a zoning overlay district. It is the role of the Historic District
Commission to evaluate properties within the overlay district and
to designate specific properties as contributing properties. The District
boundaries may be amended and new historic districts may be designated
and delineated following the amendment procedure described in this
chapter[1] with the provision that:
(1)
The Historic District Commission may initiate such amendments;
(2)
The Historic District Commission shall have an opportunity to
comment on any such proposed amendments prior to enactment by the
Codes and Ordinances Commission and by City Council; and
(3)
The Historic District Commission shall designate individual
lots or parcels of land within the overlay district as contributing
property upon determination by the Historic District Commission that
the criteria for designation within this section are met.
B.
Criteria for designation. Any building, group of buildings, site,
property, group of properties, or area (collectively referred to herein
as "site") proposed for inclusion in the Rochester Historic District
should generally (but not necessarily) be at least 50 years old and
possess one or more of the features listed below. These criteria should
be considered when the Commission, Planning Board and/or City Council
deliberate the enlargement or reduction of an existing district or
the creation of a new district. In any district which contains multiple
properties or structures, not every property or structure need meet
these criteria; rather the district overall should embody a meaningful
degree of continuity, cohesiveness, integrity, and a prevailing conformance
with one or more of the criteria.
(1)
The site embodies distinguishing characteristics of, or high
quality in, design, detailing, materials, craftsmanship, or a particular
architectural style.
(2)
Its antique age, good condition, and special features make it
worthy of preservation.
(3)
Its unique location and characteristics make it an established
and appreciated element or visual landmark for the community.
(4)
The site is identified as the work of a master builder, designer,
architect, engineer, or landscape architect whose individual work
was influential in the development of the City of Rochester, region,
state, or nation.
(5)
The site contributes to the visual continuity of the District.
(6)
One or more significant cultural, social, political, economic,
or military events in the history of the City of Rochester, region,
state, or nation occurred at the site.
(7)
The site is identified with a person or persons of historic
significance.
A.
This district may be referred to as the "Historic Overlay District, "HOD," or "Rochester Historic District." A Zoning Map of the Rochester Historic District," as amended, which shows the Historic Overlay District, is hereby incorporated as part of this article and is on file with the City Clerk. Within the District are contributing and noncontributing buildings as identified by the Historic District Commission and on file with the City of Rochester Planning and Development Department. The Zoning Map and all the notations, references, district boundaries, and other information shown thereon shall be as much a part of this article as if all were fully described therein. See § 275-14.8 which lists properties in the district by Assessor's Map and lot numbers.
B.
Surveys, maps and historic context papers. The Planning and Development
Director or designee shall conduct or cause to be conducted such preliminary
surveys, studies or investigations as deemed necessary or advisable
to adequately inform the Historic District Commission of those properties
located within the City which represent Rochester's history. The Planning
and Development Director or designee shall memorialize the results
of surveys, studies and investigations in a series of historic inventory
forms, maps and/or historic context papers. Said inventory forms,
maps, and context papers shall be maintained by the Planning and Development
Department and shall be made available for public inspection at all
reasonable times. These resources shall be referenced by the Historic
District Commission when reviewing applications for changes or boundary
adjustments within the Historic Overlay District.
The Rochester Historic District is defined as that area made
up of the lots listed below as delineated on the Rochester Tax Maps.
Unless otherwise noted or shown on the map, all of the land composing
each lot shall be considered to lie within the District. The District
also includes all City property necessary to make a contiguous district.
(Note that in the case of discrepancy between the Zoning Map and this
list of lots, the Zoning Map shall be determining.) Lots in the District
include:
A.
Approvals required. Any development involving properties included
within the boundaries of the Historic Overlay District, unless determined
exempt, requires the approval of a certificate of no negative effect
or a certificate of approval before a building permit or any other
work authorization will be issued by the City.
C.
Design guidelines.
(1)
The Historic District Commission has adopted design guidelines,
hereinafter referred to as "the guidelines." These guidelines set
forth the standards necessary to preserve and to maintain the historic
and architectural character of the Historic Overlay District. The
standards apply to the exterior features of properties within the
District and are intended to offer assistance to property owners undertaking
construction, rehabilitation, alterations, or other exterior changes.
The guidelines will be periodically reviewed by the Historic District
Commission and amended at a public hearing as needed.
(2)
The guidelines will be used in the review of requests for certificate
of no negative effect or certificates of appropriateness. Conformance
with applicable guidelines is strongly recommended for the approval
of any proposed project.
(3)
The guidelines effectively replace the architectural regulations
under the site plan regulations for properties located within the
Historic Overlay District. The architectural regulations and site
plan regulations and associated reviews do not apply.
D.
Special consideration for contributing and noncontributing buildings
within the Historic District. To preserve and maintain the historic
and architectural character of the District, the Historic District
Commission or City Council may approve variations from the requirements
set forth in the Land Use Code and may make recommendations to the
Chief Building Official who has the authority to grant certain exceptions
from the International Building Code (IBC) through the provisions
of the International Existing Building Code (IEBC).
E.
To the extent practicable and appropriate, as determined by City
staff and the Commission, applicants may file applications for various
permits, to the Planning Board, Zoning Board of Adjustment, Building
Department, etc., simultaneously, or in any appropriate order, in
order to save time. This provision, however, shall not be construed
in a manner which would prevent the Commission from conducting a thorough
review as it sees fit.
F.
All City authorities, including the Historic District Commission
and City Council, are authorized to grant economic and developmental
benefits to historic properties within the Historic District.
G.
In cases where the Historic District Commission has purview, the
Planning Board shall not have jurisdiction over architectural design.
The architectural regulations under the site plan regulations shall
not apply. Nonetheless, the Planning Board shall review all other
elements of a site otherwise subject to its review.
H.
Property owned by the City of Rochester shall be subject to review
and approval by the Commission in like manner to all other property
in the City situated within the district; provided, however, that
a vote by 2/3 of the total membership of the Rochester City Council
may override any vote of the Commission pertaining to land or property
owned by the City of Rochester.
No building, structure, significant ground disturbance or sign
may be constructed, altered, repaired, relocated or otherwise improved
within the boundaries of the Historic Overlay District until sufficient
information is submitted to the City of Rochester Planning Office
and approved in accordance with the procedures established within
the Municipal Code.
A.
Exempt activity. A certificate of appropriateness or certificate
of no negative effect shall not be required for the following activities.
A project may be subject to other requirements within this chapter.
(1)
Work completed on a single-family or duplex building within
the Historic Overlay District.
(2)
Structures which are not buildings as defined in this article
(such as light poles, street furniture, and fences).
(3)
Work performed on the interior of buildings that does not effect
the exterior appearance.
(4)
Land uses. Land uses are not be regulated through this article
herein nor by the Commission. Permitted uses are set forth elsewhere
in this chapter. However, in cases where the applicant is unable or
unwilling to develop a design which conforms to the guidelines and
requirements herein because of unusual constraints in the nature of
the proposed use, the Commission is by no means required to issue
a certificate of approval simply to accommodate that permitted use.
(Example: A gasoline station might be permitted in the Historic District,
but if no design is presented for which the appearance of the canopy
and the pump stations meet the standards of this article, then the
application should be denied, even though this specific permitted
use may thereby be precluded.)
(5)
Elements which are appurtenant to a building but which are not
integral to the building, including antennas, satellite dishes, flagpoles,
mailboxes, window air conditioning units, and similar elements.
(6)
Installation or removal of any plants.
(7)
Color of paint or stain of wood siding with the condition that
the paint color or stain is from an approved historic paint color
palette. Refer to the City of Rochester Planning Staff for approved
historic paint color palettes.
(8)
Installation of pavement or other impervious or semi-impervious
material in an already established parking area.
(9)
Minimally intrusive work that does not adversely affect the
historic character of the property or District as determined by Planning
Staff.
B.
Certificate of no negative effect.
(1)
An application for a certificate of no negative effect may be
made to the City of Rochester Planning and Development Department
for approval of work that has no adverse effect on the physical appearance
or character-defining features of a property located within the Historic
Overlay District. An application for a certificate of no negative
effect may be approved by the Planning and Development Director or
designee with no further review if it meets the requirements set forth
below.
(a)
The Planning and Development Director or designee shall issue
a certificate of no negative effect within 14 days after receipt of
a complete application if:
[1]
It is determined that the activity is an eligible
work item and meets the City Historic Preservation Design Guidelines;
and
[2]
Any modifications to the proposed work requested
by the Planning and Development Director or designee are agreed to
by the owner/applicant; and
[3]
The proposed work will not diminish, eliminate
or adversely affect the significant historic and/or architectural
character of the subject property or Historic District in which it
is located.
(b)
An application for a certificate of no negative effect shall
include the following:
(c)
The following work shall be considered for a certificate of
no negative effect:
[1]
Replacement of architectural features which creates
no change to the exterior physical appearance of the building or structure.
[2]
Installation of awnings on historic properties.
[3]
Signs.
[4]
Alterations to noncontributing buildings within
the Historic Districts that have no adverse effect on its historic
or architectural character.
[5]
Alterations to non-street-facing facades on contributing
buildings within the Historic District that have no adverse effect
on its historic or architectural character.
[6]
Small structures or additions of 250 square feet
or less in size.
[7]
Installation of site improvements, such as walkways,
patios, decks, or similar significant features.
(2)
In the event that the Planning and Development Director or designee
determines that the issuance of a certificate of no negative effect
is not appropriate or the design guidelines are not met, the owner
may apply for a certificate of appropriateness from the HDC.
C.
Certificate of approval. An application for a certificate of approval
shall be submitted to the Rochester Historic District Commission through
the Planning and Development Department no fewer than 10 days prior
to a Commission meeting. However, upon an affirmative vote of at least
four members of the Commission this deadline may be reduced on a case-by-case
basis for good cause.
(1)
Intent. It is the intent of this article to make the review
process as simple and pleasant as practical. The applicant need only
submit those materials which the Commission reasonably determines
are necessary to conduct an appropriate review.
(a)
On small or straightforward projects submission of the application,
a letter of intent, a verbal description, and/or one or more sketches
drawn by the applicant may suffice.
(b)
In the case of more elaborate proposals or those potentially
having a significant impact upon sensitive properties, any or all
of the materials listed below may be required as the Commission sees
fit. While the use of an architect is not required under this article,
there will be many situations where it will be difficult to provide
appropriate drawings and to meet the objectives of this article without
the use of an architect, particularly where new construction or additions
are involved.
(c)
Applicants are encouraged to speak with the Planning and Development
Department prior to preparing an application package to get a preliminary
sense of which of the items below might not be needed.
(2)
Application requirements.
(a)
The application package may include any or all of the items
listed below as stipulated by the Historic District Commission:
[2]
Site plans drawn to scale clearly depicting existing
conditions and proposed work.
[3]
Elevation drawings to scale of each affected facade
of the building clearly depicting existing conditions and proposed
work.
[4]
Detail drawings of appropriate elements (such as
the balustrade for a handicapped ramp).
[5]
Photographs of each impacted side of the building.
[6]
Sample, swatch, and/or manufacturer's cut sheet
of materials to be used (such as a brick), as appropriate.
[7]
A written description of how the project meets
the applicable design guidelines.
[8]
Any other items which the Commission may reasonably
need to conduct its review.
(b)
No fees of any kind shall be charged for applications to the
Commission or to cover any of the costs of reviewing the application.
(3)
Procedures for review of the application. Recognizing that a
lengthy approval process can be costly to landowners, developers,
and business owners, the Commission shall seek to take final action
at its earliest reasonable opportunity, which in many cases will be
at the first regular meeting of the Commission at which the application
is presented.
(a)
The Planning and Development Director or designee shall review
the application materials submitted for certificate of appropriateness
approval and request additional information as necessary.
(b)
Staff shall review the submittal material and prepare a report
that analyzes the project's conformance with the design guidelines
and other applicable Land Use Code sections. This report will be transmitted
to the HDC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions
and the reasons for the recommendation. The HDC will review the application,
the staff analysis report and the evidence presented at the hearing
to determine the project's conformance with the design guidelines.
(c)
Action by Historic District Commission.
[1]
The Historic District Commission shall take action,
i.e., to approve, approve with conditions, or deny, on all applications
within 65 days of the meeting at which the Commission accepts the
application as complete. This time frame may be extended either by
consent or request of the applicant or upon formal request from the
Commission to, and written authorization from, the City Manager for
an additional period not to exceed 65 days.
[2]
Failure by the Commission to act within the period
of time specified above (with or without extensions) shall be deemed
to constitute approval of the application as submitted. A certificate
of approval shall be effective for two years after the date of approval.
If an applicant has not secured a building permit within that time
frame, or has not substantially commenced work in cases where no building
permit is required, the certificate shall lapse. The Commission may
grant extensions as it reasonably determines appropriate.
(d)
Meetings of the Historic District Commission are public meetings
and may require notice to the public as specified in New Hampshire
State Statute and the City of Rochester Municipal Code. The public
is encouraged to attend. When notice is required, the Planning and
Development Department shall process notices for public hearings.
(e)
The Commission may seek advice from such professional, educational,
cultural, or other resources as is deemed necessary.
(f)
The HDC may approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary
to make a decision to approve or deny. The Commission may make nonbinding
recommendations to the applicant on elements outside of its purview,
such as on paint, color of wood, parking lot layout, or planting materials.
The Commission shall notify the applicant of its decision. When an
application is rejected as being incomplete or denied, the reason(s)
for the decision shall be conveyed to the applicant and clearly stated
in the record of proceedings of the Commission. Any steps recommended
to remedy deficiencies or flaws in the proposal shall also be conveyed
to the applicant.
(g)
A monitoring committee comprised of two representatives from
the Commission shall be assigned to the approved project to oversee
and approve amendments that may arise during construction.
D.
Amendments. There are two processes for amending plans approved pursuant
to a certificate of appropriateness. All requests for amendments must
be in writing and accompanied by drawing(s) and elevations as specified
below.
(1)
Insubstantial amendments.
(a)
Insubstantial amendments are minor modifications to HDC approved
plans that:
[1]
Address circumstances discovered in the course
of construction that could not have been reasonably anticipated during
the approval process; or
[2]
Are necessary for conformance with building safety
or accessibility codes and do not materially change the approved plans;
or
[3]
Approve specific building materials, finishes,
design of ornamental trim and other such detail not provided in the
HDC approved plans: or
[4]
Change the shape, location or material of a building
element or feature but maintain the same quality and approximate appearance
of that found in the approved plans.
(b)
The Planning and Development Director or designee and the monitoring
committee may authorize amendments to approved plans. Decisions of
the Planning and Development Director or designee or monitoring committee
are binding.
(2)
Other amendments. The Planning and Development Director or designee
or monitoring committee may determine that the proposed changes do
not meet the design guidelines and remand the matter to the HDC for
a decision by the Commission. Approval of amendments by the Planning
and Development Director or designee and the monitoring committee
shall be reported to the HDC at their regularly scheduled meetings.
It is the intent of this article to preserve the historic and
architectural resources that contribute to the history of Rochester.
Consequently no demolition of any properties within the Historic Overlay
District shall be permitted unless approved by the HDC in accordance
with the standards set forth in this section.
A.
Exempt activity.
(1)
Demolition of a single-family or duplex building within the
Historic Overlay District.
(2)
Demolition of structures which are not buildings as defined
in this article (such as light poles, street furniture, and fences).
(3)
Demolition work performed on the interior of buildings that
does not effect the exterior appearance.
(4)
Demolition of elements which are appurtenant to a building but
which are not integral to the building, including antennas, satellite
dishes, flagpoles, mailboxes, window air-conditioning units, and similar
nonhistoric elements.
B.
Procedures for demolition of properties within the Historic Overlay
District.
(1)
Application.
(a)
An application for an historic district demolition permit for
properties within an Historic District will be filed with or referred
to the Planning and Development Director or designee by the Director
of Building, Zoning and Licensing Services. The applicant will be
provided a written response within 14 days of the request for a demolition
permit describing the submittal materials needed for consideration.
An application for demolition approval shall include:
[1]
Written documentation that the Director of Building,
Zoning and Licensing Services has determined the building an imminent
hazard that cannot be repaired; or
[2]
Narrative text, graphic illustrations or other
exhibits that provide evidence that the building, structure or object
is of no historic or architectural value or importance.
(b)
The staff shall review the submittal material and prepare a
staff report that analyzes the request relative to the criteria for
approval.
(2)
Review procedures.
(a)
Criteria to be met.
[1]
The HDC shall review the application, the staff
report and hear evidence presented by the property owners and parties
of interest to determine if the standards for demolition approval
have been met. Demolition shall be approved if it is demonstrated
that the application meets any one of the following criteria:
[a]
The property has been determined by the City to
be an imminent hazard to public safety and the owner/applicant is
unable to make the needed repairs in a timely manner; or
[b]
The structure is not structurally sound despite
evidence of the owner's efforts to properly maintain the structure;
or
[c]
The structure cannot practically be moved to another
appropriate location in Rochester; or
[d]
No documentation exists to support or demonstrate
that the property has historic, architectural, archaeological, engineering
or cultural significance.
[2]
Additionally, for approval to demolish and to grant
a historic district demolition permit, all of the following criteria
must be met:
[a]
The structure does not contribute to the significance
of the Historic Overlay District; and
[b]
The loss of the building, structure or object would
not adversely affect the integrity of the Historic Overlay District
or its historic, architectural or aesthetic relationship to adjacent
historic properties; and
[c]
Demolition of the structure will be inconsequential
to the historic preservation needs of the area.
(b)
The HDC shall approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary
to consider the demolition request.
(c)
If the demolition request is denied because it does not meet
the aforementioned standards, the applicant may request demolition
approval based upon approval of a determination of hardship as set
forth below.
(d)
Before a demolition permit will be issued, a certificate of
approval for the redevelopment as described above, must be approved.
When a demolition permit must be issued because the building is an
imminent hazard or because of the issuance of a determination of hardship,
the permit may be received prior to the receipt of a certificate of
approval.
The intent of this article is to preserve historic properties
in their original locations within the Historic Overlay District.
However, it is recognized that occasionally the relocation of a property
may be appropriate as it provides an alternative to demolition or
because it only has a limited impact on the attributes that make it
significant. All properties within the Historic Overlay District are
subject to this section.
A.
Exempt activity.
(1)
Relocation of a single-family or duplex building.
(2)
Relocation of structures which are not buildings as defined
in this section (such as light poles, street furniture, and fences).
(3)
Relocation of elements which are appurtenant to a building but
which are not integral to the building, including antennas, satellite
dishes, flagpoles, mailboxes, window air-conditioning units, and similar
nonhistoric elements.
B.
Application. An application for relocation shall include:
(1)
A written description and/or graphic illustrations of the building,
structure or object proposed for relocation.
(2)
A written explanation of the type of relocation requested (temporary,
on-site or off-site) and justification for the need for relocation.
(3)
A written report from a licensed engineer or architect regarding
the soundness of the building, structure or object, its ability to
withstand the physical move and its rehabilitation needs, once relocated.
(4)
A conceptual plan for the receiving site providing preliminary
information on the property boundaries, existing improvements and
site characteristics and the associated planned improvements.
(5)
If the applicant does not own the receiving site, proof from
the site's property owner of the willingness to accept the relocated
building, structure or object.
(6)
Evidence that the applicant has or is seeking the necessary
approvals to place the building on the identified receiving site.
(7)
Evidence of the financial ability to undertake the safe relocation,
preservation and repair of the building, structure or object; site
preparation and construction of necessary infrastructure through the
posting of bonds or other financial measures deemed appropriate.
(8)
Supplementary materials to provide an understanding of the larger
context for the relocated property and its impact on adjacent properties,
the neighborhood or streetscape.
(9)
Additional information may be requested by the Historic District
Commission as needed to complete the review.
C.
Procedures for the review of historic district relocation permit.
(1)
The Planning and Development Director or designee shall review
the application materials submitted for relocation approval. Upon
determination of a complete application, the project shall be scheduled
before the HDC.
(2)
Staff shall review the submittal material and prepare a report
that analyzes the project's conformance with the standards for relocation
approval set forth below, the City Historic Preservation Design Guidelines
and other applicable Land Use Code sections. This report will be transmitted
to the HDC with relevant information on the proposed project and a
recommendation to continue, approve, disapprove or approve with conditions
and the reasons for the recommendation. The HDC will review the application,
the report and the evidence presented at the hearing to determine
if the standards for relocation have been met.
(3)
The HDC shall approve, disapprove, approve with conditions or
continue the application to obtain additional information necessary
to make a decision to approve or deny.
D.
Standards for relocation.
(1)
Relocation for a building will be approved if it is determined
that it meets any one of the following standards:
(a)
It does not contribute to the overall character of the historic
district or parcel on which it is located and its relocation will
not have an adverse impact on the Historic District or property; or
(b)
The owner has obtained a determination of hardship; or
(c)
The relocation activity is demonstrated to be an acceptable
preservation method given the character and integrity of the building
and its move will not adversely affect the integrity of the Historic
District in which it was originally located or diminish the historic,
architectural or aesthetic relationships of adjacent designated properties;
and
(2)
Additionally, for approval to relocate and to grant a historic
district relocation permit all of the following criteria must be met:
(a)
It has been determined that the building, structure or object
is capable of withstanding the physical impacts of relocation:
(b)
An appropriate receiving site has been identified; and
(c)
An acceptable plan has been submitted providing for the safe
relocation, repair and preservation of the building, structure or
object, including the provision of the necessary financial security.
It is the policy of the City to respect private property rights.
The City recognizes, therefore, that there may be some circumstances
in which the operation of this article could create an undue economic
hardship. This provision is created to provide property owners with
a means of demonstrating that such a hardship may exist and that they
should be allowed to demolish a property within the Historic Overlay
District because of that hardship. It is the intent of this provision
to ensure that no private property is taken without just compensation.
A.
Standard of review. The standard of review for a determination of
economic hardship will be whether refusing to allow the property owner
to demolish the property would result in a violation of the prohibitions
of the United States and New Hampshire Constitutions against taking
of private property for public use without just compensation as those
prohibitions are interpreted by the courts of New Hampshire and the
United States. In applying the standards, the economic benefits of
financial, developmental and technical assistance from the City and
the utilization of any federal and state rehabilitation tax credit
programs may be considered.
B.
Application requirements.
(1)
Upon receiving a request for a certificate of economic hardship,
the Planning and Development Director or designee shall provide a
written response within 14 days as to the submittal materials required.
(2)
Within five days after receipt of an application for a certificate
of economic hardship, the Planning and Development Director or designee
shall determine whether the application is complete. If he/she determines
that the application is not complete, the Director shall notify the
applicant in writing of the deficiencies. The Director shall take
no further steps to process the application until the deficiencies
have been remedied.
(3)
The application fee shall be set to defray all costs of the
review process, including the fees of an independent hearing officer.
C.
Review process.
(1)
When the application is complete, the Planning and Development
Director or designee will refer the application to the Historic District
staff member and the City Attorney for review. The Historic District
staff member and City Attorney shall jointly prepare a report setting
forth the City's response.
(2)
In the event the City response concludes that the application
does not demonstrate a case of economic hardship, the application
can apply for an administrative appeal before Zoning Board of Adjustment.
(3)
The Zoning Board of Adjustment will be contracted by the City
to conduct an impartial quasi-judicial hearing on the question of
economic hardship. If deemed necessary, the ZBA may hire, at the applicant's
expense, a consulting professional(s) with sufficient legal and technical
experience to conduct a fair hearing on the matter. The application,
all support materials and the consultants/City's report shall be provided
to the ZBA in advance of the hearing. At the hearing the applicant
will be provided with an opportunity to present his/her application
and may be represented by counsel. The City position will be presented
by the City Attorney/consultant.
D.
Appeal. An applicant may appeal the decision of the hearing officer
to District Court.
It is the intent of this article to address the range of circumstances
that affect the preservation of the community's significant historic
and architectural resources. It is further recognized that many historic
buildings and structures are lost because of deterioration from lack
of maintenance. Whether this occurs unintentionally or through deliberate
decisions, the result is the same: the loss of community assets that
cannot be replaced. Consequently, it is declared that the exterior
features of any designated building or structure shall be preserved
against decay and deterioration and kept free from structural defects.
The designated structures shall receive reasonable care, maintenance
and upkeep appropriate for their preservation, protection, perpetuation
and use.
A.
Standards for reasonable care and upkeep. The owner or such other
person who may have legal possession, custody and control thereof
of a designated property shall, upon written request by the City,
repair the following exterior features if they are found to be deteriorating
or if their condition is contributing to deterioration such that it
is likely to compromise the building's structural integrity or as
to create or permit the creation of any hazardous or unsafe condition
to life, health or other property. These features include, but are
not limited to:
(1)
Deterioration of exterior walls, foundations or other vertical
supports that causes leaning, sagging, splitting, listing or buckling.
(2)
Deterioration of flooring or floor supports or other horizontal
members that causes leaning, sagging, splitting, listing or buckling.
(3)
Deterioration of external chimneys that cause leaning, sagging,
splitting, listing or buckling.
(4)
Deterioration or crumbling of exterior plasters or mortars.
(5)
Ineffective waterproofing of exterior walls, roofs and foundations,
including broken windows or doors.
(6)
Defective protection or lack of weather protection for exterior
wall and roof coverings, including lack of paint or weathering due
to lack of paint or other protective covering.
(7)
Rotting, holes and other forms of decay.
(8)
Deterioration of exterior stairs, porches, handrails, window
and door frames, cornices, entablatures, wall facings, ornamental
trim and other architectural details that cause delamination, instability,
loss of shape and form or crumbling.
B.
Enforcement procedures.
(1)
The HDC or Planning and Development Director or designee may file a petition listing specific defects, in accordance with Subsection A above, with the Director of Building, Zoning and Licensing Services, requesting that the official act under the following procedures to require the correction of the defects or repairs to designated properties.
(2)
Whenever a petition is filed, the Director of Building, Zoning
and Licensing and Services shall attempt to make direct personal contact
with the owner or other such persons having legal possession or custody
and/or his/her representative. If personal contact cannot reasonably
be accomplished, then written notification of the specific defects
purported by the HDC and a request to inspect the property within
10 days will be mailed to the owner and other such persons having
legal possession, custody and control and will be posted at a conspicuous
location appropriate to the identified defects. In the written notification
the Chief Building Official shall document the nature of the specific
defects and the corrective action ordered.
(3)
After receiving agreement from the owner, his/her representatives or other such persons having legal possession, custody and control of the property for an inspection, the Chief Building Official and the HDC Officer shall, within 10 working days, conduct an investigation and prepare a written report determining whether the property requires work to address conditions set forth in Subsection A above.
(4)
If the property is found to contain conditions needing correction,
the owner, his/her representative or other such persons having legal
possession, custody and control of the property will be served within
14 days with a complaint identifying the property deficiencies and
providing notice that a hearing will be held by the City Council within
45 days. The purpose of the hearing is to:
(a)
Receive evidence concerning the charge of deterioration; and
(b)
Develop a plan and schedule for making the needed repairs in
a timely fashion, such that the building is stabilized and the deterioration
is arrested; and
(c)
Ascertain whether the owner or other parties intend to make
application for financial assistance from the City to correct the
building defects.
(5)
Following such notice and hearing, City Council will make a determination if there are any corrections required pursuant to Subsection A above and shall state in writing the findings of fact in support of that determination. If it is determined that the building or structure is undergoing deterioration or if its condition is contributing to deterioration, the owner or other parties of interest will be served an order to repair those defective elements of the structure within a reasonable specified time frame.
(6)
If the owner fails to make the necessary repairs within the
identified time frame, the City may undertake the work to correct
the deficiencies that create any hazardous and unsafe conditions to
life, health and property. The expense of this work will be recorded
as a lien on the property.
Any applicant, person, or organization aggrieved by a decision
of the Historic District Commission may appeal the decision to the
Rochester Zoning Board of Adjustment in accordance with RSA 674:33
and any appeal procedures specified in the City ordinances. In its
review of any appeals the Zoning Board shall be guided by the provisions
of this article and other applicable law.
This article shall be enforced as provided for in the Rochester
Zoning Ordinance.
