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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
yards, courts and other open spaces, to regulate density of population or to regulate and restrict the
locations of trades and industries or location of buildings designed for specific uses or to create
districts for any such purpose.
b. Except as provided in subdivision a of this section, the commission may, in exercising or performing its
powers, duties or functions under this chapter with respect to any improvement in a historic district
or on a landmark site or containing an interior landmark, or any landscape feature of a scenic land-
mark, apply or impose, with respect to the construction, reconstruction, alteration, demolition or
use of such improvement or landscape feature or the performance of minor work thereon, regula-
tions, limitations, determinations or conditions which are more restrictive than those prescribed or
made by or pursuant to other provisions of law applicable to such activities, work or use.
§ 25-305 Regulation of construction, reconstruction, alterations and demolition.
a.
1.
Except as otherwise provided in paragraph two of this subdivision a, it shall be unlawful for any
person in charge of a landmark site or an improvement parcel or portion thereof located in an
historic district or any part of an improvement containing an interior landmark to alter, recon-
struct or demolish any improvement constituting a part of such site or constituting a part of
such parcel and located within such district or containing an interior landmark, or to construct
any improvement upon land embraced within such site or such parcel and located within such
district, or to cause or permit any such work to be performed on such improvement or land,
unless the commission has previously issued a certificate of no effect on protected architectural
features, a certificate of appropriateness or a notice to proceed authorizing such work, and it
shall be unlawful for any other person to perform such work or cause same to be performed, un-
less such certificate or notice has been previously issued.
2.
The provisions of paragraph one of this subdivision a shall not apply to any improvement men-
tioned in subdivision a of section 25-318 of this chapter, or to any city-aided project, or in cases
subject to the provisions of section 25-312 of this chapter.
3.
It shall be unlawful for the person in charge of any improvement or land mentioned in paragraph
one of this subdivision a to maintain same or cause or permit same to be maintained in the
condition created by any work in violation of the provisions of such paragraph one.
b.
1.
Except in the case of any improvement mentioned in subdivision a of section 25-318 of this
chapter and except in the case of a city-aided project, no application shall be approved and
no permit or amended permit for the construction, reconstruction, alteration or demolition
of any improvement located or to be located on a landmark site or in an historic district or
containing an interior landmark shall be issued by the department of buildings, and no applica-
tion shall be approved and no special permit or amended special permit for such construction,
reconstruction or alteration, where required by article seven of the zoning resolution, shall be
granted by the city planning commission or the board of standards and appeals, until the com-
mission shall have issued either a certificate of no effect on protected architectural features,
a certificate of appropriateness or a notice to proceed pursuant to the provisions of this chapter
as an authorization for such work.
c.
1.
A copy of every application or amended application for a permit to construct, reconstruct, alter
or demolish any improvement located or to be located on a landmark site or in an historic
district or containing an interior landmark shall, at the time of the submission of the original
thereof to the department of buildings, be filed by the applicant with the commission. A copy
of every application, under article seven of the zoning resolution, for a special permit for any
work which includes the construction, reconstruction or alteration of any such improvement
shall, at the time of the submission of such application or amended application of the city
planning commission or the board of standards and appeals, as the case may be, be filed with
the commission.
2.
Every such copy of an application or amended application filed with the commission shall in-
clude plans and specifications for the work involved, or such other statement of the proposed
work as would be acceptable by the department of buildings pursuant to the building code.
The applicant shall furnish the commission with such other information relating to such ap-
plication as the commission may from time to time require.
3.
Together with the copies of such application or amended application, every such applicant shall
file with the commission a request for a certificate of no effect on protected architectural features
or a certificate of appropriateness in relation to the proposed work specified in such application.
§ 25-306 Determination of request for certificate of no effect on protected architectural features.
a.
1.
In any case where an applicant for a permit from the department of buildings to construct,
reconstruct, alter or demolish any improvement on a landmark site or in an historic district or
containing an interior landmark, or an applicant for a special permit from the city planning
commission or the board of standards and appeals authorizing any such work pursuant to
article seven of the zoning resolution, or amendments thereof, files a copy of such application or
amended application with the commission, together with a request for a certificate of no effect
on protected architectural features, the commission shall determine:
a.
whether the proposed work would change, destroy or affect any exterior architectural feature
of the improvement on a landmark site or in an historic district or any interior architectural
feature of the interior landmark upon which said work is to be done; and (b) in the case of
construction of a new improvement, whether such construction would affect or not be in har-
mony with the external appearance of other, neighboring improvements on such site or in such
district. If the commission determines such question in the negative, it shall grant such certifi-
cate; otherwise, it shall deny such request.
2.
Within thirty days after the filing of such application and request, the commission shall either
grant such certificate, or give notice to the applicant of a proposed denial of such request.
Upon written demand of the applicant filed with the commission after the giving of notice
of a proposed denial, the commission shall confer with the applicant. The commission shall
determine the request for a certificate within thirty days after the filing of such demand. If a
demand is not filed within ten days after the giving of notice of the proposed denial, the com-
mission shall determine such request within five days after the expiration of such ten-day period.
3.
In the event of a denial of such a certificate, the applicant may file with the commission a request
for a certificate of appropriateness with respect to the proposed work specified in such application.
§ 25-307 Factors governing issuance of certificate of appropriateness.
a.
In any case where an applicant for a permit to construct, reconstruct, alter or demolish any
improvement on a landmark site, or in an historic district or containing an interior landmark, files
such application with the commission together with a request for a certificate of appropri-
ateness, and in any case where a certificate of no effect on protected architectural features is
denied and the applicant thereafter, pursuant to the provisions of section 25-306 of this chapter,
files a request for a certificate of appropriateness, the commission shall determine whether the
proposed work would be appropriate for and consistent with the effectuation of the purposes of
this chapter. If the commission’s determination is in the affirmative on such question, it shall grant
a certificate of appropriateness, and if the commission’s determination is in the negative, it shall
deny the applicant’s request, except as otherwise provided in section 25-309 of this chapter.
b.
1.
In making such determination with respect to any such application for a permit to construct,
reconstruct, alter or demolish an improvement in an historic district, the commission shall consider
a.
the effect of the proposed work in creating, changing, destroying or affecting the exterior archi-
tectural features of the improvement upon which such work is to be done, and
b.
the relationship between the results of such work and the exterior architectural features of
other, neighboring improvements in such district.
2.
In appraising such effects and relationship, the commission shall consider, in addition to any
other pertinent matters, the factors of aesthetic, historical and architectural values and
significance, architectural style, design, arrangement, texture, material and color.
3.
All determinations of the commission pursuant to this subdivision b shall be made subject
to the provisions of section 25-304 of this chapter, and the commission, in making any such
determination, shall not apply any regulation, limitation, determination or restriction as to the
height and bulk of buildings, the area of yards, courts or other open spaces, density of popula-
