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able loss to the people of the city of the aesthetic, cultural and historic values represented by such
improvements and landscape features. In addition, distinct areas may be similarly uprooted or may
have their distinctiveness destroyed, although the preservation thereof may be both feasible and
desirable. It is the sense of the council that the standing of this city as a world wide tourist center
and world capital of business, culture and government cannot be maintained or enhanced by
disregarding the historical and architectural heritage of the city and by countenancing the destruc-
tion of such cultural assets.
b.
It is hereby declared as a matter of public policy that the protection, enhancement, perpetuation
and use of improvements and landscape features of special character or special historical or
aesthetic interest or value is a public necessity and is required in the interest of the health, prosper-
ity, safety and welfare of the people.
The purpose of this chapter is to
a.
effect and accomplish the protection, enhancement and perpetuation of such improvements
and landscape features and of districts which represent or reflect elements of the city’s cultural,
social, economic, political and architectural history;
b.
safeguard the city’s historic, aesthetic and cultural heritage, as embodied and reflected in
such improvements, landscape features and districts;
c.
stabilize and improve property values in such districts;
d.
foster civic pride in the beauty and noble accomplishments of the past;
e.
protect and enhance the city’s attractions to tourists and visitors and the support and stimu-
lus to business and industry thereby provided;
f.
strengthen the economy of the city; and
g.
promote the use of historic districts, landmarks, interior landmarks and scenic landmarks for
the education, pleasure and welfare of the people of the city.
§ 25-302 Definitions. As used in this chapter, the following terms shall mean and include:
a.
«Alteration.» Any of the acts defined as an alteration by the building code of the city.
b.
«Appropriate protective interest.» Any right or interest in or title to an improvement parcel or any
part thereof, including, but not limited to, fee title and scenic or other easements, the acquisition
of which by the city is determined by the commission to be necessary and appropriate for the ef-
fectuation of the purpose of this chapter.
c.
«Capable of earning a reasonable return.» Having the capacity, under reasonably efficient and
prudent management, of earning a reasonable return. For the purposes of this chapter, the
net annual return, as defined in subparagraph (a) of paragraph three of subdivision V of this sec-
tion, yielded by an improvement parcel during the test year, as defined in subparagraph (b) of
such paragraph, shall be presumed to be the earning capacity of such improvement parcel, in the
absence of substantial grounds for a contrary determination by the commission.
c-1. «Chair.» The chair of the landmarks preservation commission.
d.
«City-aided project.» Any physical betterment of real property, which:
1.
may not be constructed or effected without the approval of one or more officers or agencies of
the city; and
2.
upon completion, will be owned in whole or in part by any person other than the city; and
3.
is planned to be constructed or effected, in whole or in part, with any form of aid furnished by
the city (other than under this chapter), including, but not limited to, any loan, grant, subsidy
or other mode of financial assistance, exercise of the city’s powers of eminent domain, contri-
bution of city property, or the granting of tax exemption or tax abatement; and
4.
will involve the construction, reconstruction, alteration or demolition of any improvement in a
historic district or of a landmark.
e.
«Commission.» The landmarks preservation commission.
f.
«Day.» Any day other than a Saturday, Sunday or legal holiday; provided, however, that for the
purposes of section 25-303 and subdivision d of section 25-317 of this chapter, the term «day»
shall mean every day in the week.
f-1. «Designation report.» The report prepared by the commission and used as a basis for designat-
ing a landmark or historic district pursuant to this chapter.
g.
«Exterior architectural feature.» The architectural style, design, general arrangement and compo-
nents of all of the outer surfaces of an improvement, as distinguished from the interior surfaces
enclosed by said exterior surfaces, including, but not limited to, the kind, color and texture of the
building material and the type and style of all windows, doors, lights, signs and other fixtures ap-
purtenant to such improvement.
h.
«Historic district.» Any area which:
1.
contains improvements which:
a.
have a special character or special historical or aesthetic interest or value; and
b.
represent one or more periods or styles of architecture typical of one or more eras in the history of
the city; and
c.
cause such area, by reason of such factors, to constitute a distinct section of the city; and
2.
has been designated as a historic district pursuant to the provisions of this chapter.
i.
«Improvement.» Any building, structure, place, work of art or other object constituting a physical
betterment of real property, or any part of such betterment.
j.
«Improvement parcel.» The unit of real property which
1.
includes a physical betterment constituting an improvement and the land embracing the site
thereof, and (2) is treated as a single entity for the purpose of levying real estate taxes, pro-
vided however, that the term «improvement parcel» shall also include any unimproved area
of land which is treated as a single entity for such tax purposes.
k.
«Interior.» The visible surfaces of the interior of an improvement.
l.
«Interior architectural feature.» The architectural style, design, general arrangement and components
of an interior, including, but not limited to, the kind, color and texture of the building material and the
type and style of all windows, doors, lights, signs and other fixtures appurtenant to such interior.
m.
«Interior landmark.» An interior, or part thereof, any part of which is thirty years old or older, and
which is customarily open or accessible to the public, or to which the public is customarily invited,
and which has a special historical or aesthetic interest or value as part of the development,
heritage or cultural characteristics of the city, state or nation, and which has been designated as an
interior landmark pursuant to the provisions of this chapter.
n.
«Landmark.» Any improvement, any part of which is thirty years old or older, which has a special
character or special historical or aesthetic interest or value as part of the development, heritage
or cultural characteristics of the city, state or nation, and which has been designated as a land-
mark pursuant to the provisions of this chapter.
o.
«Landmark site.» An improvement parcel or part thereof on which is situated a landmark and any
abutting improvement parcel or part thereof used as and constituting part of the premises on which
the landmark is situated, and which has been designated as a landmark site pursuant to the provi-
sions of this chapter.
p.
«Landscape feature.» Any grade, body of water, stream, rock, plant, shrub, tree, path, walkway, road,
plaza, fountain, sculpture or other form of natural or artificial landscaping.
q.
«Minor work.» Any change in, addition to or removal from the parts, elements or materials com-
prising an improvement, including, but not limited to, the exterior architectural features or
interior architectural features thereof and, subject to and as prescribed by regulations of the
commission if and when promulgated pursuant to section 25-319 of this chapter, the surfacing,
resurfacing, painting, renovating, restoring or rehabilitating of the exterior architectural features
or interior architectural features or the treating of the same in any manner that materially alters
their appearance, where such change, addition or removal does not constitute ordinary repairs
and maintenance and is of such nature that it may be lawfully effected without a permit from
the department of buildings.
q-1. «Offense.» As used in the phrase «second and subsequent offense», a violation encompassing
some or all of the conditions or actions described or encompassed by a prior notice of violation
or summons. For purposes of this definition, there shall be a presumption that the conditions
encompassed by a second or subsequent offense have been in existence for each day between
the time the respondent admits to liability or is found liable for or guilty of the prior offense and
the time the second or subsequent notice of violation or summons is served.
r.
«Ordinary repairs and maintenance.» Any:
1.
work done on any improvement; or
2.
replacement of any part of an improvement; for which a permit issued by the department of
buildings is not required by law, where the purpose and effect of such work or replacement is to
correct any deterioration or decay of or damage to such improvement or any part thereof and
