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LEGISLACION EN AMERICA
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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
to restore same, as nearly as may be practicable, to its condition prior to the occurrence of such
deterioration, decay or damage.
s.
«Owner.» Any person or persons having such right to, title to or interest in any improvement so as
to be legally entitled, upon obtaining the required permits and approvals from the city agencies
having jurisdiction over building construction, to perform with respect to such property any demoli-
tion, construction, reconstruction, alteration or other work as to which such person seeks the
authorization or approval of the commission pursuant to section 25-309 of this chapter.
t.
«Person in charge.» The person or persons possessed of the freehold of an improvement or improve-
ment parcel or a lesser estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee, agent or any other person directly or indirectly in control of an
improvement or improvement parcel.
u.
«Protected architectural feature.» Any exterior architectural feature of a landmark or any interior
architectural feature of an interior landmark.
v.
«Reasonable return.»
1.
A net annual return of six per centum of the valuation of an improvement parcel.
2.
Such valuation shall be the current assessed valuation established by the city, which is in effect at
the time of the filing of the request for a certificate of appropriateness; provided that:
a.
The commission may make a determination that the valuation of the improvement parcel is an
amount different from such assessed valuation where there has been a reduction in the assessed
valuation for the year next preceding the effective date of the current assessed valuation in ef-
fect at the time of the filing of such request; and
b.
The commission may make a determination that the value of the improvement parcel is an
amount different from the assessed valuation where there has been a bona fide sale of such
parcel within the period between March fifteenth, nineteen hundred fifty-eight, and the time
of the filing of such request, as the result of a transaction at arm’s length, on normal financing
terms, at a readily ascertainable price, and unaffected by special circumstances such as, but
not limited to, a forced sale, exchange of property, package deal, wash sale or sale to a coopera-
tive. In determining whether a sale was on normal financing terms, the commission shall give
due consideration to the following factors:
1.
The ratio of the cash payment received by the seller to
a.
the sales price of the improvement parcel and
b.
the annual gross income from such parcel;
2.
The total amount of the outstanding mortgages which are liens against the improvement parcel
(including purchase money mortgages) as compared with the assessed valuation of such parcel;
3.
The ratio of the sales price to the annual gross income of the improvement parcel, with con-
sideration given, where the improvement is subject to residential rent control, to the to-
tal amount of rent adjustments previously granted, exclusive of rent adjustments because
of changes in dwelling space, services, furniture, furnishings, or equipment, major capital
improvements, or substantial rehabilitation;
4.
The presence of deferred amortization in purchase money mortgages, or the assignment of such
mortgages at a discount;
5.
Any other facts and circumstances surrounding such sale which, in the judgment of the commis-
sion, may have a bearing upon the question of financing.
3.
For the purposes of this subdivision v:
a.
Net annual return shall be the amount by which the earned income yielded by the improvement
parcel during a test year exceeds the operating expenses of such parcel during such year,
excluding mortgage interest and amortization, and excluding allowances for obsolescence and
reserves, but including an allowance for depreciation of two per centum of the assessed value
of the improvement, exclusive of the land, or the amount shown for depreciation of the improve-
ment in the latest required federal income tax return, whichever is lower; provided, however,
that no allowance for depreciation of the improvement shall be included where the improvement
has been fully depreciated for federal income tax purposes or on the books of the owner; and
b.
Test year shall be
1.
the most recent full calendar year, or
2.
the owner’s most recent fiscal year, or
3.
any twelve consecutive months ending not more than ninety days prior to the filing
a.
of the request for a certificate, or
b.
of an application for a renewal of tax benefits pursuant to the provisions of section 25-309 of this
chapter, as the case may be.
w.
«Scenic landmark.» Any landscape feature or aggregate of landscape features, any part of which is
thirty years old or older, which has or have a special character or special historical or aesthetic inter-
est or value as part of the development, heritage or cultural characteristics of the city, state or
nation and which has been designated a scenic landmark pursuant to the provisions of this chapter.
x.
As used in section 25-317.1:
1.
«Type A violation.» Except as otherwise defined by the rules of the commission, the following
work done or condition created or maintained in violation of this chapter without an appropri-
ate approval from the commission:
a.
the removal of or alterations to, except for painting, a significant portion of an exterior ar-
chitectural feature, including, without limitation thereof, removal of or alterations to:
i.
the windows on a single facade or, where original, historic or special windows exist, the removal
of or alterations to a significant portion of such original, historic or special windows on a
single facade;
ii.
a decorative element made of metal, glass, wood, brick, ceramic and/or stone including, with-
out limitation thereof, a cornice, lintel, grille or molding;
iii.
the paving stones or curbstones of a stone sidewalk;
iv.
an exterior doorway or stoop;
v.
a wall, fence, railing, porch, balcony or roof, including dormers, bays, gables and parapets; and
vi.
a storefront, but not including the installation of signs, awnings, flagpoles or banners;
b.
the removal of or alterations to a significant portion of a protected feature of an interior
landmark as described in the designation report;
c.
the construction of all or a portion of a new building, structure, addition or any other improve-
ment on a landmark site or within the boundaries of a historic district.Without limiting the
generality of the foregoing, any significant modification of the existing bulk or envelope of a
building shall be a violation under this paragraph;
d.
the elimination by paving or other construction of a significant portion of an area-way, plant-
ing area, or front, rear or side yards, where such feature is a significant component of the
landmark or historic district;
e.
where the improvement is not a building or an interior landmark, the removal of or alterations
to a significant portion of such improvement;
f.
the failure to submit to the commission any periodic inspection report required under the terms
of a restrictive declaration recorded in connection with any zoning permit, certification or
authorization granted to an improvement under the jurisdiction of the commission.
2.
«Type B violation». Except as otherwise defined by the rules of the commission, the failure to maintain
an improvement in a condition of good repair in violation of section 25-311 of this chapter, and where
such condition results or may result in significant deterioration of either a significant portion of the
improvement or a character-defining, protected, architectural feature of such improvement.
a.
For purposes of this subdivision, and without limiting the scope thereof, the term «significant
deterioration» shall include the failure to maintain:
i.
the improvement in a structurally sound or reasonably water-tight condition; or
ii
. a character-defining, protected, architectural feature in a structurally sound or reasonably water-
tight condition or otherwise failing to preserve the integral historic material of such feature.
b.
For purposes of this subdivision, the term «significant deterioration» shall not include:
i.
any condition that may permit some water penetration and/or evidence slight structural
deterioration, unless such condition has existed over a period of time such that it has led or may
reasonably lead to significant water penetration or structural damage to a significant part of a
facade or roof; or
ii.
the failure to maintain a small part of a single, character-defining, protected, architectural fea-
ture or a small portion of the decorative, architectural features of the improvement taken as a whole.
3.
«Type C violation». All other violations of this chapter, except for violations of section 25-311 of this chapter.
