The purpose of this chapter is to promote the
educational, cultural, economic and general welfare of the public
through the protection, enhancement, perpetuation and preservation
of the properties designated as historic. The Town Board declares
that it is a public purpose to ensure that the distinctive and historical
character of properties designated as historic shall not be injuriously
affected, that the value to the community of those properties having
architectural and historical worth shall not be impaired and that
said properties designated as historic be maintained and preserved
to promote their use for the education, pleasure and welfare of the
citizens of the Town of Seneca Falls, New York, and others.
As used in this chapter, the following terms shall have the
meanings indicated:
CERTIFICATE OF APPROPRIATENESS
The official form issued by the Town Heritage Preservation
Commission stating that the proposed work on a designated historic
landmark is compatible with the historic character of the property
and thus in accordance with the provisions of this chapter and therefore:
A.
The proposed work may be completed as specified in the certificate;
and
B.
The Town's departments may issue any permits needed to
do the work specified in the certificate.
EXTERIOR ARCHITECTURAL FEATURE
The architectural style and general arrangement of such portion
of the exterior of a designated property as is designed to be open
to view from the public way, including kind, color and texture of
building materials, type of all windows, doors, lights, signs and
other fixtures appurtenant to such portion.
HARDSHIP
Hardship exists when:
A.
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
B.
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return.
C.
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
HISTORIC DISTRICT, LOCAL
An area designated as an historic district by this historic
preservation local law, and which contains within definable geographic
boundaries a significant concentration, linkage or continuity of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development.
LANDMARK
Any building, structure, object, or site that has been designated as a "landmark" by this historic preservation local law, pursuant to procedures described in §
173-4 that is worthy of preservation, restoration or rehabilitation because of its historic or architectural significance.
Any person aggrieved by a decision of the Seneca Falls Heritage
Preservation Commission relating to a certificate of economic hardship
or a certificate of appropriateness may, within 15 days of the decision,
file a written appeal to the Zoning Board of Appeals for review of
the decision. Appellate review shall be based on the same record that
was before the Commission and using the same criteria in this chapter.
Appeals of decisions of the Zoning Board of Appeals as aforesaid will
be made pursuant to Article 78 of the Civil Practice Law and Rules.
All work performed pursuant to a certificate of appropriateness
issued under this chapter shall conform to any requirements included
therein. In the event that work is found that is not being performed
in accordance with the certificate appropriateness or upon notification
of such fact by the Seneca Falls Heritage Preservation Commission,
the Zoning/Code Enforcement Officer shall enforce the requirements
of the certificate of appropriateness.
Failure to comply with any of the provisions of this chapter
shall be deemed a violation, and the violator shall be liable to a
fine of not more than $500 or imprisonment of not more than 15 days,
or both. Each day such violation continues shall constitute a separate
violation.