Section 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 effectuation 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 section, 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,  contribution  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 designating a landmark or historic district pursuant
  to this chapter.
    g.  "Exterior architectural feature." The architectural style, design,
  general arrangement and components 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  appurtenant  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,  provided  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  landmark  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 provisions 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  comprising  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 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 demolition,  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 improvement 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
  effect 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
  cooperative.  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 consideration given, where the  improvement  is
  subject  to  residential  rent  control,  to  the  total  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 commission, 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 improvement 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 interest 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 appropriate  approval
  from the commission:
    (a)  the  removal  of  or  alterations  to,  except  for  painting,  a
  significant portion of an  exterior  architectural  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, without 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  improvement  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,  planting 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 feature 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.