[HISTORY: Adopted by the Board of Trustees
of the Village of Sands Point 8-19-1985 by L.L. No. 4-1985; amended in its entirety 11-22-2022 by L.L. No.
24-2022. Subsequent amendments noted where applicable.]
A.Â
The Village Board finds that the preservation of Historic Structures
and Historic Districts within the Village fosters a greater stability
in our neighborhoods, creates an appreciation of our historic heritage,
and furthers the education of our future generations. Therefore, the
preservation of Historic Structures and Historic Districts will further
the general health, safety, and welfare of our residents.
B.Â
It is the purpose of this chapter to set forth procedures and criteria
to preserve certain sites deemed to be significant in the history
of the Village and to remedy circumstances which would permit the
needless alteration or destruction of these sites.
As used in this chapter, the following terms shall have the
meanings indicated:
Any act or process which changes one or more of the Exterior
Architectural Features of a Structure designated as an Historic Structure
or located within an Historic District.
The Building Inspector of the Village.
Board of Zoning Appeals of the Village of Sands Point
The architectural style, design, general arrangement, and
components of all the outer surfaces of any Structure, 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 the Structure.
Any area that contains places, sites, Structures, or buildings
that have a special character and ambience of historic, architectural,
or aesthetic interest and that represent one or more periods or Styles
of Architecture of an era of history and that cause such area to constitute
a distinct and identifiable district.
Any premises, Structure, or portion of a Structure of historical
value or aesthetic interest by reason of its antiquity or uniqueness
of architectural design or as part of the development, heritage, or
cultural characteristics of the Village, town, county, state, or nation.
A map or list to be prepared and maintained by the Village
identifying the location of all designated Historic Structures and
Historic Districts in the Village.
An entity, individual, partnership, unincorporated association,
corporation, or any other organization.
Any assembly of materials forming a construction framed of
component materials intended for occupancy or use, whether or not
it is being actually used or occupied.
A style recognized by any one of the following organizations:
The National Register of Historic Places.
The Historic American Buildings Survey.
The Historic American Engineering Records, United States Department
of the Interior, National Park Service.
The Division of Historic Preservation, New York State Office
of Parks and Recreation.
The Nassau County Museum.
The National Trust for Historic Preservation.
The Society of Architectural Historians.
The Incorporated Village of Sands Point.
The Board of Trustees of the Village.
A.Â
Any Person who owns real property located within the Village may
request the Village to recommend designating their property as an
Historic Structure and any Person who owns more than 50% of the real
property in a proposed Historic District in the Village may request
the Village to recommend designating such property or properties as
an Historic District by submitting an application for such designation
to the Secretary of the Village on a form designed by the Village
for such purpose. In addition, the Village, on its own motion, may
recommend to the BZA the initiation of a proceeding for the designation
of an Historic Structure or Historic District. Any site or Structure
listed on the National Register of Historic Places or a comparable
state, county, or town register shall automatically, upon effectiveness
of this chapter or upon such listing, be the subject of an application
to recommend designation as an Historic Structure or Historic District.
B.Â
In making or considering an application or a recommendation, the
Village, and the BZA as the case may be, shall consider all factors
relevant to the purpose of this chapter, including but not limited
to the special character, ambience, historic significance, aesthetic
value, and uniqueness of the architectural design of the proposed
Historic Structure or Historic District.
C.Â
Whenever an Historic Structure or Historic District has been designated,
the Village Clerk shall cause it to be identified on the Historic
Structure Map.
The BZA, when designating an Historic Structure or Historic
District, or deciding an application pursuant to § 100-10
of this chapter, may, at the request of the property owner, the Village
Board, or on its own motion, recommend in an advisory capacity to
the Nassau County Board of Assessors that the assessment of the affected
property for general town or highway tax purposes, or both, be frozen
at present levels or reduced prospectively, and may recommend to the
Village Board of Assessors to consider similar relief for Village
tax purposes.
A.Â
Construction, Alteration, removal, or demolition.
(1)Â
No Structure or portion of a Structure may be constructed, altered,
repaired, relocated, or demolished on, to, or from a site designated
as an Historic Structure or Historic District within the Village unless
there is compliance with the provisions of this section.
(2)Â
The BZA's jurisdiction to review plans shall be limited to those
portions of a proposal relating to the Exterior Architectural Features
of a Structure visible from a public way and shall not include interior
features.
(3)Â
In reviewing the plans, the BZA shall consider the following:
(a)Â
The historic and architectural value and significance of the
Structure and its relationship to the surrounding area.
(b)Â
The general appropriateness of the proposed exterior design.
(c)Â
Any other factors which the BZA deems pertinent to the benefit
of the Village and to the historic significance of the site and surrounding
area.
(4)Â
Alterations, repairs, and additions to Structures which are designated
as Historic Structures or Historic Districts shall be consistent with
the materials and style of the architectural period of which the Structure
is characteristic.
(5)Â
The BZA may recommend that a Structure designated as an Historic
Structure or Historic District be moved as an alternative to demolition.
B.Â
Review of plans; variances.
(1)Â
The Building Inspector shall not grant a permit for the exterior
of a Historic Structure until the BZA has approved the application.
(2)Â
In the event a variance is required in order to proceed with the
plans that the Village has reviewed, the BZA shall have jurisdiction
to hear such variance application including allowing non-conforming
Structures to exist on the premises.
C.Â
Nothing in this chapter shall be construed to prevent ordinary maintenance
or repair of any Historic Structure with materials of a quality and
color similar to the original.
This chapter shall not apply to actions undertaken by any Persons
pursuant to an order issued pursuant to other ordinances or laws for
the purpose of remedying conditions determined to be unsafe or dangerous
to the health or property of any Person.
A.Â
Any Person who violates any provision of this chapter, or assists
in the violation of any provision of this chapter, shall, upon conviction
thereof, be subject to a fine not to exceed $1,000 for each violation,
regardless of any convictions for prior violations.
B.Â
Each day's continued violation shall constitute an additional,
separate, and distinct violation.
C.Â
In addition to the penalties set forth in this section, the Village
Attorney may institute appropriate proceedings in the Supreme Court
to prevent, restrain, correct, or abate a violation of this chapter.
Any Person jointly or severally aggrieved by a decision of the
BZA resulting from a designation or denial of a designation for an
Historic Structure or Historic District may apply to the New York
State Supreme Court for review by a proceeding under Article 78 of
the Civil Practice Law and Rules.
