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LEGISLACION EN AMERICA
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ANEXO 1 | RECOPILACION DE NORMAS
INDICE
tion, the location of trades and industries, or location of buildings designed for specific uses,
other than the regulations, limitations, determinations and restrictions as to such matters
prescribed or made by or pursuant to applicable provisions of law, exclusive of this chapter;
provided, however, that nothing contained in such section 25-304 or in this subdivision b
shall be construed as limiting the power of the commission to deny a request for a certificate of
appropriateness for demolition or alteration of an improvement in an historic district (whether
or not such request also seeks approval, in such certificate, of construction or reconstruction of
any improvement), on the ground that such demolition or alteration would be inappropriate for
and inconsistent with the effectuation of the purposes of this chapter, with due consideration
for the factors hereinabove set forth in this subdivision b.
c.
In making the determination referred to in subdivision a of this section with respect to any ap-
plication for a permit to construct, reconstruct, alter or demolish any improvement on a landmark
site, other than a landmark, the commission shall consider
1.
the effects of the proposed work in creating, changing, destroying or affecting the exterior
architectural features of the improvement upon which such work is to be done,
2.
the relationship between such exterior architectural features, together with such effects, and
the exterior architectural features of the landmark, and
3.
the effects of the results of such work upon the protection, enhancement, perpetuation and use
of the landmark on such site. In appraising such effects and relationship, the commission shall
consider, in addition to any other pertinent matters, the factors mentioned in paragraph two of
subdivision b of this section.
d.
In making the determination referred to in subdivision a of this section with respect to an appli-
cation for a permit to alter, reconstruct or demolish a landmark, the commission shall consider
the effects of the proposed work upon the protection, enhancement, perpetuation and use of
the exterior architectural features of such landmark which cause it to possess a special character
or special historical or aesthetic interest or value.
e.
In making the determination referred to in subdivision a of this section with respect to an applica-
tion for a permit to alter, reconstruct or demolish an improvement containing an interior landmark,
the commission shall consider the effects of the proposed work upon the protection, enhancement,
perpetuation and use of the interior architectural features of such interior landmark which cause
it to possess a special character or special historical or aesthetic interest or value.
§ 25-308 Procedure for determination of request for certificate of appropriateness.
The commission shall hold a public hearing on each request for a certificate of appropriateness.
Except as otherwise provided in section 25-309 of this chapter, the commission shall make its determi-
nation as to such request within ninety days after filing thereof.
§ 25-309 Request for certificate of appropriateness authorizing demolition, alterations or reconstruc-
tion on ground of insufficient return.
a.
1.
Except as otherwise provided in paragraph two of this subdivision a, in any case where an application
for a permit to demolish any improvement located on a landmark site or in an historic district or con-
taining an interior landmark is filed with the commission, together with a request for a certificate
of appropriateness authorizing such demolition, and in any case where an application for a permit to
make alterations to or reconstruct any improvement on a landmark site or containing an interior
landmark is filed with the commission, and the applicant requests a certificate of appropriateness
for such work, and the applicant establishes to the satisfaction of the commission that:
a.
the improvement parcel (or parcels) which includes such improvement, as existing at the
time of the filing of such request, is not capable of earning a reasonable return; and
b.
the owner of such improvement:
1.
in the case of an application for a permit to demolish, seeks in good faith to demolish such
improvement immediately
a.
for the purpose of constructing on the site thereof with reasonable promptness a new building
or other income-producing facility, or
b.
for the purpose of terminating the operation of the improvement at a loss; or
2.
in the case of an application for a permit to make alterations or reconstruct, seeks in good
faith to alter or reconstruct such improvement, with reasonable promptness, for the purpose
of increasing the return therefrom; the commission, if it determines that the request for such
certificate should be denied on the basis of the applicable standards set forth in section 25-307
of this chapter, shall, within ninety days after the filing of the request for such certificate of ap-
propriateness, make a preliminary determination of insufficient return.
2.
In any case where any application and request for a certificate of appropriateness mentioned
in paragraph one of this subdivision a is filed with the commission with respect to an improve-
ment, the provisions of this section shall not apply to such request if the improvement parcel
which includes such improvement has received, for three years next preceding the filing of such
request, and at the time of such filing continues to receive, under any provision of law (other
than this chapter or section four hundred fifty-eight, four hundred sixty or four hundred seventy-
nine of the real property tax law), exemption in whole or in part from real property taxation;
provided, however, that the provisions of this section shall nevertheless apply to such request if
such exemption is and has been received pursuant to section four hundred twenty-a, four hun-
dred twenty-two, four hundred twenty-four, four hundred twenty-five, four hundred twenty-
six, four hundred twenty-seven, four hundred twenty-eight, four hundred thirty, four hundred
thirty-two, four hundred thirty-four, four hundred thirty-six, four hundred thirty-eight, four
hundred forty, four hundred forty-two, four hundred forty-four, four hundred fifty, four hundred
fifty-two, four hundred sixty-two, four hundred sixty-four, four hundred sixty-eight, four hun-
dred seventy, four hundred seventy-two or four hundred seventy-four of the real property tax
law and the applicant establishes to the satisfaction of the commission, in lieu of the require-
ments set forth in paragraph one of this subdivision a, that:
a.
The owner of such improvement has entered into a bona-fide agreement to sell an estate of
freehold or to grant a term of at least twenty years in such improvement parcel, which agree-
ment is subject to or contingent upon the issuance of the certificate of appropriateness or a
notice to proceed;
b.
The improvement parcel which includes such improvement, as existing at the time of the
filing of such request, would not, if it were not exempt in whole or in part from real property
taxation, be capable of earning a reasonable return;
c.
Such improvement has ceased to be adequate, suitable or appropriate for use for carrying out both
1.
the purposes of such owner to which it is devoted and
2.
those purposes to which it had been devoted when acquired unless such owner is no longer
engaged in pursuing such purposes; and
d.
The prospective purchaser or tenant:
1.
In the case of an application for a permit to demolish seeks and intends, in good faith either to
demolish such improvement immediately for the purpose of constructing on the site thereof
with reasonable promptness a new building or other facility; or
2.
In the case of an application for a permit to make alterations or reconstruct, seeks and intends
in good faith to alter or reconstruct such improvement, with reasonable promptness.
b.
In the case of an application made pursuant to paragraph one of subdivision a of this section by an
applicant not required to establish the conditions specified in paragraph two of such subdivision, as
promptly as is practicable after making a preliminary determination as provided in paragraph one of
such subdivision a, the commission, with the aid of such experts as it deems necessary, shall endeavor
to devise, in consultation with the applicant, a plan whereby the improvement may be
1.
preserved or perpetuated in such manner or form as to effectuate the purposes of this chapter, and
2.
also rendered capable of earning a reasonable return.
c.
Any such plan may include, but shall not be limited to,
1.
granting of partial or complete tax exemption,
2.
remission of taxes and
3.
authorization for alterations, construction or reconstruction appropriate for and not inconsis-
tent with the effectuation of the purposes of this chapter.
d.
In any case where the commission formulates any such plan, it shall mail a copy thereof to the ap-
plicant promptly and in any event within sixty days after giving notice of its preliminary determi-
nation of insufficient return. The commission shall hold a public hearing upon such plan.
e.
1.
If the commission, after holding a public hearing pursuant to subdivision d of this section, de-
