[Adopted 7-18-1983 by L.L. No. 2-1983 as
Ch. I, Art. II, Div. 4, of the 1983 Code; amended in its entirety
3-15-2004 by L.L. No. 4-2004]
The Common Council, in order to preserve and
protect places, sites, buildings, structures, works of art and other
objects having a special character or special historic or aesthetic
interest or value, does deem it in the best interest of the City of
Albany that there hereby be established an Historic Resources Commission,
with the powers and duties described herein.
The Historic Resources Commission shall administer
the provisions of this article so as to:
A.
Regulate the appearance, style and components of new
construction in historic districts and of additions or alterations
to landmarks or to existing structures which are visible from the
public right-of-way within designated historic districts and adjacent
areas.
B.
Protect, preserve and enhance those places, sites,
buildings, structures, objects and significant public interiors which
are of special character or interest to the City of Albany.
C.
Foster civic beauty.
D.
Foster civic pride in the accomplishments of the past.
E.
Protect and enhance the attractiveness of the City
of Albany to visitors and the support and stimulus to the economy
thereby provided.
F.
Foster harmonious, orderly and compatible physical
development within the City of Albany.
G.
Safeguard and preserve the historic, cultural, architectural
and archaeological heritage of the City of Albany.
[1]
Editor’s Note: Former § 42-84, Definitions, was
repealed 5-15-2017 by Ord. No. 26.31.17.
A.
Membership; organization; meetings; vacancies.
(1)
The Historic Resources Commission shall consist of
seven members, who shall be appointed by the Mayor of the City of
Albany with the advice and consent of the Common Council. All Commission
members shall have a demonstrated interest, competence or knowledge
of historic preservation and archaeology, at least one of whom shall
be a professional archaeologist. To the extent that such professionals
are available in the community, Commission members shall be drawn
from among the disciplines of history, architectural history, architecture,
historic architecture, planning, archaeology, historic preservation
or closely related fields.
[Amended 8-7-2023 by L.L. No. 10-2023 (G-2023)]
(2)
Three of the initial members shall be appointed for
one year, two for two years and two for three years. Subsequently,
members shall be appointed for terms of three years as terms expire.
Members of the Commission may be reappointed for succeeding terms.
(3)
The Mayor shall designate one member as Chairperson
of the Commission and one member as Vice Chairperson. The Vice Chairperson
shall act in the absence of the Chairperson.
[Amended 8-7-2023 by L.L. No. 10-2023 (G-2023)]
(4)
The presence of four members of the Commission shall
constitute a quorum. The concurring vote of four members shall be
required to carry out an action of the Commission.
[Amended 8-7-2023 by L.L. No. 10-2023 (G-2023)]
(5)
A vacancy occurring in the membership of the Commission
for any cause shall be filled by a person appointed by the Mayor for
the unexpired term.
(6)
The Commission shall meet as often as is necessary
to discharge its duties in a timely fashion, but at least eight times
per year.
B.
The powers of the Commission shall include:
(1)
Delegation of administrative and procedural matters
to staff and professional consultants as necessary to carry out the
duties of the Commission.
[Amended 5-15-2017 by Ord. No. 26.31.17]
(2)
Consultation with individuals or groups in the carrying
out of its duties.
(3)
Adoption of rules and regulations necessary to establish
criteria and standards for the conduct of its business or necessary
to carry out the provisions of this article.
(4)
Adoption of criteria for the identification of significant
historic, architectural, archaeological and cultural landmarks and
for delineation of historic districts.
(5)
Conduct of surveys of significant historic, architectural,
archaeological and cultural landmarks and historic districts within
the City.
(6)
Recommending to the Common Council the designation
of identified structures or sites as landmarks or historic districts
and making recommendations regarding nominations for listing on the
National Register of Historic Places.
(7)
Approval, approval with modifications or denial of
certificates of appropriateness pursuant to this article.
(8)
Regulation of development within areas adjacent to
historic districts. The Commission shall limit its review of such
development to new construction, signage and site improvements.
(9)
Increasing public awareness of the value of historic,
cultural, archaeological and architectural preservation by developing
and participating in public education programs.
(10)
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.
(11)
Maintenance of central files for the City on all historic
surveys and designations prepared for City, state or federal programs.
(12)
Review development plans which involve potential archaeological
sites, cause to be conducted preliminary assessments of the potential
archaeological significance of any site plan area and of the impact
of any proposed ground-disturbing activities on such area, and make
recommendations as to the necessity of cultural resource investigations.
[Added 5-15-2017 by Ord.
No. 26.31.17]
(13)
Making recommendations to the Mayor and Common Council concerning
emergency actions relating to landmarks or property within historic
districts.
[Added 3-1-2021 by L.L.
No. 6-2021]
[1]
Editor’s Note: Former § 42-86, Areas and structures
designated as having special historic and aesthetic interest or value,
as amended, former § 42-87, Designation of landmarks or historic
districts, as amended, and former § 42-88, Areas designated as
archaeologically sensitive, were repealed 5-15-2017 by Ord. No. 26.31.17.
In the event that the Commission is not the
lead agency for the environmental review process, the opinion of the
Commission, as an involved agency, shall be sought for all applications
under this article.
A.
Certificate of appropriateness and building permit
required. No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction or moving of a landmark
or a property within an historic district, nor shall any person make
any material change in the appearance of such a property or its windows,
light fixtures, signs or awnings, sidewalks, fences, steps, paving
or other exterior elements visible from a public street or alley,
nor shall any person carry out any subsurface excavation in any area
of archaeological sensitivity or potential archaeological sensitivity
without first obtaining a certificate of appropriateness and a building
permit. No person shall carry out any grading or roadwork without
first obtaining a certificate of appropriateness and grading or roadwork
permit.
B.
Building, grading, and roadwork permit requirements.
(1)
No permit for signage, new construction, repair, alteration,
a sidewalk barricade, demolition or any other work that will affect
the exterior of a landmark or a property within an historic district,
and no permit for subsurface excavation in any area of archaeological
sensitivity or potential archaeological sensitivity shall be issued
by the Commissioner of Buildings and Regulatory Compliance until the
applicant has obtained a certificate of appropriateness. No permit
for grading or roadwork shall be issued by the City Engineer until
the applicant has obtained a certificate of appropriateness. Any application
for a permit for such work shall be referred to the City Planning
Office.
[Amended 12-2-2013 by L.L. No. 5-2013]
(2)
Additional requirements. In addition to the documentation
normally required as part of a building, grading, or roadwork permit
application, an application for work that will affect the exterior
of a landmark or a property included in an historic district also
shall include the following:
(a)
One copy of photographs of the property showing
all sides that are visible from the public right-of-way.
(b)
For major changes on facades or new construction,
three copies of frontal elevations, including the relationship with
adjacent properties. Perspective drawings may be recommended or required.
(c)
Two samples of each color and type of material
to be used.
(d)
For proposed work, including signs, awnings
or lettering, three copies of a scale drawing showing the type of
lettering to be used, all dimensions and colors, a description of
materials to be used and the method of illumination. two copies of
an elevation or photo showing the location of the sign, awning or
lettering on the property also shall be submitted.
(e)
Any other information which the Commission may
deem necessary in order to visualize the proposed work.
(f)
For proposed new construction in an historic
district, the submission requirements established under § 42-91C(3)(j)
shall apply.
[Added 3-1-2021 by L.L. No. 6-2021]
A.
The Commission shall review orders for emergency actions relating to landmarks or property within historic districts after receiving notification pursuant to § 133-55 of this Code.
B.
The Commission, in consultation with the Department of Buildings and Regulatory Compliance, shall prepare and submit an annual report to the Mayor and Common Council on or before August 1 of each year concerning emergency actions pursuant to § 133-55 of this Code relating to landmarks or property within historic districts. Such report shall include, but need not be limited to, the following:
[Amended 7-7-2022 by L.L. No. 6-2022 (D-2022)]
(1)
The number and locations of emergency actions undertaken in the previous
calendar year, including maps depicting locations within each historic
district and the City as a whole;
(2)
A description of the architectural and historic merit of landmarks
or property within an historic district subject to an emergency action
in the previous calendar year, the causes or factors contributing
to such actions, and the effects of such action on surrounding buildings
or structures;
(3)
Recommendations, if any, to identify and encourage the stabilization
of landmarks and property within historic districts, in order to prevent
emergency actions.
[1]
Editor’s Note: Former § 42-91, Criteria in consideration
of appropriateness, former § 42-92, Enforcement, as amended,
former § 42-92.1, Maintenance and repair of structures and improvements,
added 10-6-2005 by Ord. No. 56.81.05, former § 42-93, Complaints
of violations; penalties for offenses, as amended, former § 42-94,
Waivers or modifications; demolition requirements, and former §
42-95, Reports and recommendations; referral of related information
to Commission, were repealed 5-15-2017 by Ord. No. 26.31.17. Former
§ 42-96, Limitation of powers, was repealed 12-2-2013 by L.L.
No. 5-2013.
If any clause, sentence, paragraph, section
or part of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder thereof but shall be confined in its operation
to the clause, sentence, paragraph, section or part thereof directly
involved in the controversy in which such judgment shall have been
rendered.
