[HISTORY: Adopted by the Board of Trustees of the Village
of Rhinebeck 12-8-2009 by L.L. No. 2-2009. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction and fire prevention — See Ch. 39.
Buildings, unsafe — See Ch. 41.
Zoning — See Ch. 120.
[1]
Editor's Note: Former Ch. 64, Garbage, Rubbish and Refuse,
comprised of Art. I, Refuse Disposal and Collection, adopted 6-7-1954
by Ord. No. 149, as amended; Art. II, Accumulation of Refuse, adopted
10-10-1955 by Ord. No. 152, as amended; and Art. III, Bags and Dumpsters,
adopted 5-14-1991; was repealed by L.L. No. 2-1992.
A.
Within the Village of Rhinebeck (the "'Village") there is a
district designated as the Rhinebeck Village Historic District (the
"Historic District"). This District was so designated by the United
States Department of the Interior following a thorough study undertaken
at the behest of the New York State Department of Parks and Recreation.
This study resulted in placement of the Historic District on the National
Register of Historic Places on August 8, 1979. [NOTE: Documents pertaining
to the history of the nomination process; the letter from the New
York State Department of Pads and Recreation; the proposal to the
United States Department of the Interior; and the Village of Rhinebeck
Master Plan are on file with the office of the Rhinebeck Village Clerk
and the Rhinebeck Historical Society.]
B.
The Historic District encompasses most of the central area of the
Village and is comprised of approximately 388 buildings representing
a wide range of uses, ages and architectural styles. In 1993 the Village
adopted its latest Master Plan, the result of a public review process
undertaken by a committee of Rhinebeck residents, including members
of the planning and zoning boards. The Master Plan specifically identified
the Historic District and incorporated a map designating the boundaries
and dimensions of the Historic District into its Master Plan. This
map and physical description are annexed hereto as Exhibit A to this
chapter and incorporated herein by reference.[1]
[1]
Editor's Note: Said map and description are on file in
the Village offices.
C.
The proposal to the United States Department of the Interior for
placement of this Historic District on the National Register of Historic
Places notes the "period of significance" to be 1700-1930. The oldest
buildings in this Historic District include the Beekman Arms and the
General Montgomery House on Livingston Street, both built before the
American Revolution. The Delamater House on Montgomery Street was
built in 1844, designed by the renowned architect Alexander Jackson
Davis. It represents one of the finest examples of American Gothic
Revival in the nation. The District also includes Greek Revival homes,
built in the 1800's, vernacular and high-style Victorian buildings
from the nineteenth century, Italianate structures in brick, as well
as Colonial Revival buildings. Other significant architectural styles
include simple Colonial Georgian; Federal; Queen Anne; Second Empire
and Gothic Revival.
D.
There are three buildings located in the Village that are listed
on the National Register of Historic Places but are not located within
the Historic District. These are the Astor Home for Children on Mill
Road (6339 Mill Street); the Benner House (1 Mill Street); and The
Maples (Rhinebeck Health Center 108 Montgomery Street). [NOTE: Village
of Rhinebeck Master Plan p. 24, April 1993.] References to the Historic
District shall hereinafter include these three structures as well.
E.
This chapter recognizes appurtenances to historic buildings such
as stone walls, gates, fences, gazebos and "sidewalk" structure or
ornamentation such as hitching posts as important features integral
to historic properties and are deemed worthy of protection as well.
F.
The Village specifically finds that these vital and irreplaceable
buildings, while being afforded recognition, have not been protected.
This chapter is designed to provide for the protection of those historic
buildings situated within the Village which, by reason of their antiquity,
uniqueness, setting or architectural construction, have been recognized,
or may so be similarly recognized in the future, for both their contribution
to a strong sense of identity within the community and for the tangible
linkages the buildings provide to the Village's historic, architectural
and cultural heritage.
G.
While this chapter does not regulate exterior architectural features,
including building elements such as windows, doors, cornices and materials
such as roofing and siding, the Village recognizes these features
as important to the integrity of historic buildings and encourages
voluntary efforts to preserve these features and where replacement
may be necessary employ either in-kind architectural elements and
building materials or those exhibiting similar historical style. This
chapter does not regulate but encourages voluntary protection of appurtenances
to historic buildings, such as stone walls, hitching posts and original
sidewalk ornamentation.
H.
The purpose of this chapter is to reinforce the importance of the
historic buildings of the Village and support the objectives of the
aforementioned special historic designations by:
(1)
Providing for the careful, thoughtful evaluation of any proposed
action that would cause the removal or demolition of any such recognized
historic building;
(2)
Emphasizing as a statement of local policy that the conservation,
protection, enhancement and presentation of such historic buildings
is necessary to promote the economic, cultural, educational, and general
welfare of the Village residents; and
(3)
Allowing the continuing identification and recognition of historic
buildings that represent distinctive elements of historic, architectural
and cultural heritage.
Unless specifically defined below, words or phrases in this
chapter shall be interpreted so as to give them the same meaning as
they have in common usage and so as to give this chapter its most
reasonable application.
A certificate issued by the Planning Board authorizing removal
or demolition of an historic building, or portion thereof, even though
a certificate of removal or demolition has previously been denied.
A certificate issued by the Planning Board indicating its
approval of plans for removal or demolition of an historic building,
or portion thereof.
Any building within the Village, now or in the future, having
one or more of the following characteristics, all of which are referred
to in this chapter as "an historic building" or "historic buildings":
Designated as a National Historic Landmark by the federal or
state government or by any department thereof.
Located within the Rhinebeck Village Historic District, with
the exception of those buildings identified below as noncontributing.
Included within the Rhinebeck Village Historic District shall also
be the three buildings identified above (the Astor Home for Children
on Route 9; the Benner House at the intersection of Mill Street and
Route 9; and The Maples, on Montgomery Street).
Listed as individual buildings, or building complexes, on the
National Register of Historic Places.
Designated as a local landmark by the Village.
The term "contributing building" or "historic building" shall
also apply to any building, or any other structure, that in the future
is designated and included as an individual building, or building
complex, or a contributing building within a district on the National
and/or State Register of Historic Places and/or designated as a local
landmark by the Village.
Any act or process that destroys an historic building or
portion thereof.
A type of building permit issued by the Village Zoning Enforcement
Officer.
Any building identified as a contributing building. The term
"historic building" shall also apply to any building that in the future
may be included on the National and/or State Register of Historic
Places and/or identified as a local landmark by the Village.
Any building within the Historic District that has not been
designated as a federal, state or local landmark and has one or more
of the following characteristics:
It is not consistent with any of the architectural styles identified
in this chapter; or
It was not present during the period of significance (1700-1930)
or does not independently meet the National Register criteria; or
Due to alterations, disturbances, additions or other changes,
it no longer possesses historic integrity or is otherwise not capable
of yielding important information about the period of significance.
As applied to either of the terms "demolition" or "removal,"
a change in exterior building mass involving any modification in either
roofline or any reduction in building footprint.
Building constructed between 1700-1930.
The Planning Board of the Village of Rhinebeck.
Any relocation of an historic building or portion thereof
within its site or to another site.
All area within the Town of Rhinebeck outside the Incorporated
Village of Rhinebeck.
The Village Board of Trustees of the Village of Rhinebeck.
The Zoning Board of Appeals of the Village of Rhinebeck.
The Zoning Enforcement Officer of the Village of Rhinebeck.
A.
No person shall carry out the removal or demolition of an historic
or contributing building without obtaining either a certificate of
removal or demolition or, subsequently, a certificate of economic
hardship.
B.
Any application for demolition or removal of any building within the Village must first be made to the Zoning Enforcement Officer, pursuant to the provisions of Village Code § 120-58.
C.
If the Zoning Enforcement Officer determines that the building in
question is or may be a contributing building, the Zoning Enforcement
Officer must refer the applicant to the Planning Board for a certificate
of removal/demolition.
D.
If the Zoning Enforcement Officer is unable to conclusively determine
whether the building is or may be a contributing building, the Zoning
Enforcement Officer must refer the applicant to the Planning Board.
E.
Every application for a certificate of removal/demolition shall be
forwarded by the Zoning Enforcement Officer to the Planning Board
within seven calendar days of receipt of the application by the Zoning
Enforcement Officer.
A.
The applicant shall provide the Planning Board with the following
information on the form prescribed by the Planning Board:
(1)
Name, address and telephone number of both the applicant and owner
of record if not the applicant;
(2)
Location, Tax Map number, and photographs of each side of the building;
and a brief description of the structure indicating approximate date
of construction, name of architect if known, historic and/or architectural
and archaeological significance and a description of its setting,
including related grounds, accessory buildings, structures and property
boundaries;
(3)
Immediate past 10 years' chronology of the use, occupancy and
ownership of the property;
(5)
Any other information specific to the removal or demolition required
by the Planning Board to make a determination on an application for
a certificate of removal or demolition, including data to demonstrate
compliance with the criteria for approval of a certificate of removal
or demolition as set forth below in Section 5 of this chapter.
B.
The Planning Board shall hold a public hearing within 62 calendar
days after receipt of an application completed in accordance with
this section. At the hearing, all interested persons shall be provided
the opportunity to present their views. Notice of the public hearing
shall be sent both by certified mail to adjacent property owners and
all other property owners within 200 feet of the parcel for which
the certificate of removal or demolition is requested and published
at least once in the official newspaper of the Village, at least 10
calendar days prior to the date of the public hearing.
C.
At the public hearing, the applicant should be prepared to provide
the following information, including but not limited to the following:
(1)
History of the use, occupancy and ownership of the property;
(2)
Engineering evaluation of the physical condition of the property;
(3)
The economic feasibility of rehabilitation or reuse of the historic
building on the property, including consideration of both uses permitted
by right and those uses permitted upon issuance of a special use permit
by the Planning Board;
(4)
The cost of the proposed removal or demolition;
(5)
All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing, or ownership
of the property;
(6)
Any listing of the property for sale or rent, price asked and offers
received, if any, within the previous two years;
(7)
Assessed value of the property according to the two most recent assessments;
(8)
Real estate taxes for the previous two years;
(9)
For income-producing property, the annual gross income from the property
for the previous two years, itemized operating and maintenance expenses
for the previous two years, and depreciation deduction and annual
cash flow before and after debt service, if any, during the same period;
(10)
The importance of the structure and the related property to the community's
heritage; and
(11)
Any other information considered necessary by the Planning Board
to make a determination as to whether the property does yield or may
yield a reasonable return to the owners.
D.
In the case of an approval of the application for a certificate of
removal or demolition, the Planning Board shall be empowered to impose
reasonable conditions upon the applicant to ensure that the activity
is conducted in a manner consistent with the spirit and intent of
this chapter and to cause a dialogue with the applicant to ensure,
to the maximum extent practicable, opportunity is made available for
the historic building to be recorded and, in the case of demolition,
salvageable architectural elements are removed prior to the demolition
for use in the rehabilitation of other historic buildings.
E.
A written statement of the reasons for the denial of the certificate
of removal or demolition shall accompany any such denial. In the case
of denial, the Planning Board shall be required to make nonbinding
recommendations to the applicant concerning reuse or restoration of
the building. The Planning Board may also notify a governmental agency
with the authority to acquire the property and prevent its demolition
through exercise of its power of eminent domain.
A.
In reviewing an application for a certificate of removal or demolition
for an historic building, the Planning Board decision shall consider
whether:
(1)
The building is of such architectural or historic significance that
its removal or demolition would be to the detriment of the public
interest;
(2)
Retention of the building in its current form and/or at its present
location is important to the Village's history or character;
(3)
The building is of such old and unusual or uncommon design, texture
and material that it could not be reproduced or be reproduced only
with great difficulty;
(4)
Retention of the building would help preserve and protect a historic
place or area of historic interest in the Village;
(5)
Retention will promote the general welfare by maintaining real estate
values and encouraging interest in American history and architecture;
and
(6)
Whether throughout the review process the applicant has consulted
cooperatively with the Planning Board, local preservation groups and
other identified interested parties in a diligent effort to seek an
alternative that will result in preservation of the historic building.
B.
In order to approve an application for a certificate of removal or
demolition for an historic building, the Planning Board shall find
that one or more of the following criteria have been met:
(1)
The building or portion of the building is in such condition that
it is not feasible to preserve or restore.
(2)
In the case of the removal or demolition of a portion of the building,
the historic characteristics of the remaining portion of the building
will remain intact.
(3)
After considering the interests of the public and the owner, the
benefits of demolition of the building outweigh any reasonable interest
in preserving the building.
(4)
The Planning Board shall further determine that the removal or demolition
will not result in a significant avoidable diminution of the historic
character of the community.
A.
An applicant whose certificate of removal or demolition has been denied may apply to the Zoning Board of Appeals for a certificate of economic hardship to obtain relief on the grounds set forth in this section. Upon receipt of an application for relief in such form as the Zoning Board may prescribe, the Zoning Board shall, within 30 calendar days thereafter, hold a public hearing and give notice in the same manner as required in above § 64-4B. At the public hearing, all interested persons shall be afforded the opportunity to present their views.
B.
At the public hearing, the Zoning Board may take testimony and entertain
the submission of written evidence from the applicant and/or the public,
including but not limited to the following:
(1)
The cost of the proposed removal or demolition and an estimate of
any other cost that would be incurred relating to compliance with
a certificate of removal or demolition;
(2)
The economic feasibility of rehabilitation or reuse of the existing
building on the property;
(3)
All appraisals obtained within the previous two years by the owner
or applicant in connection with the purchase, financing, or ownership
of the property;
(4)
Any listing of the property for sale or rent, price asked and offers
received, if any, within the previous two years;
(5)
Assessed value of the property according to the two most recent assessments;
(6)
Real property taxes for the previous two years;
(7)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)
For income-producing property, the previous two years' annual
gross income, itemized operating and maintenance expenses, depreciation
deduction, and annual cash flow before and after debt service, if
any; and
(9)
Any other reasonable information considered necessary by the Zoning
Board of Appeals in order to make a determination as to whether the
property does yield or may yield a reasonable return to the owners.
C.
To obtain a certificate of economic hardship, the applicant must
prove the existence of economic hardship by establishing that:
(1)
The building in its current state is incapable of earning a reasonable
return; and/or is causing an unreasonable financial burden;
(3)
Reasonable efforts to find a purchaser interested in acquiring the
property at fair market value for rehabilitation and preservation
have been made and have failed.
D.
The Zoning Board shall take into consideration the economic feasibility
of alternatives to removal or demolition, and balance the interest
of the public in preserving the historic building or portion thereof
and the interest of the owner in removing or demolishing it.
E.
The Zoning Board shall render its written decision and findings within
30 calendar days of the conclusion of the public hearing. In the case
of an approval of the application for a certificate of economic hardship,
the Planning Board shall be empowered to impose reasonable conditions
upon the applicant to insure that the activity is conducted consistent
with the spirit and intent of this chapter, including causing a dialogue
with the applicant to insure to the extent practicable opportunity
is made available for the historic building to be recorded and for
salvageable architectural elements to be removed prior to demolition
for use in the rehabilitation of other historic buildings.
All work performed pursuant to a certificate of removal or demolition
or certificate of economic hardship issued under this chapter shall
conform to any requirements included therein and those further requirements
that may be imposed by the Zoning Enforcement Officer in the ensuing
issuance of the demolition permit. It shall be the duty of the Zoning
Enforcement Officer to inspect periodically any such work to assure
compliance. In the event it is found that the work is not being performed
in accordance with the requirements of the certificate of removal
or demolition, the certificate of economic hardship and/or the demolition
permit, the Zoning Enforcement Officer shall immediately issue a stop-work
order and all work shall immediately cease. No further work shall
be undertaken on the project as long as a stop-work order is in effect.
A.
Penalties for violation.
(1)
Any person, firm, partnership, corporation or other party who violates
any of the provisions of this chapter shall be deemed and held to
be guilty of an offense and, upon conviction, shall be fined a sum
not to exceed $250, or imprisoned for not more than 15 days, or both,
for each offense. Each week during which the violation shall continue
shall be held and deemed to be a separate offense.
(2)
The Building Inspector and Zoning Enforcement Officer shall have
the authority to issue appearance tickets and prosecute violations
of this chapter. In addition, appearance tickets may also be issued
by the Police Department and prosecution of such offenses may also
be made by the Village Attorney or Attorney to the Village, as the
case may be.
(3)
In addition to criminal remedies, the Village shall have the right
to seek injunctive relief in a court of competent jurisdiction against
any person violating the provisions of this chapter.
(4)
In addition to any other remedies set forth herein authorizing the
Village to enforce the provisions of this chapter, establishing penalties,
and setting forth additional remedies, the person charged with the
responsibility to enforce the provisions of this chapter may impose
a civil fine or agree to a civil fine not to exceed $1,000, per day
for each day of the violation. If said civil fine is imposed, then
the alleged violator may appeal to the Village Board.
B.
Role of the Village Attorney. The Village Attorney is authorized
and directed to assist the Zoning Enforcement Officer and institute
any and all actions and proceedings necessary to timely enforce this
chapter. Any civil remedy pursued shall be in addition to and not
in lieu of any criminal prosecution and penalty.
Nothing herein shall, however, be construed to prevent the demolition in whole or in part of any building which has been officially certified pursuant to § 41-5 of the Village Code, the Zoning Enforcement Officer or other appropriate Village authorities as being imminently dangerous to life or public health. In the event such demolition is authorized, the property shall be cleared and left in a manner that will neither have an adverse impact on any adjacent properties nor present a public danger.
