Town of Pittsford, NY Article VIII Demolition of Structures; Board Review and Permit Required.

[Amended 3-2-2021 by L.L. No. 1-2021]

§ 64-41 Purpose.

The Town of Pittsford contains structures of historic and/or architectural merit, or which otherwise contribute beneficially to the character of the Town and the neighborhood in which such buildings stand. These structures are or may be threatened by development pressures. The purpose of this article is to provide for public notice and board review before any such structures are demolished.

§ 64-42 Demolition permit required; Board review and permit required; Board review exemptions.

A. Demolition permit required. No person may partially or substantially demolish any structure within the Town of Pittsford which requires a building permit to construct without the issuance of a demolition permit by a Code Enforcement Officer. For purposes of this article, the term "substantially demolish" means the demolition of 50% or more of the exterior of an affected structure's existing footprint, including porches and garages, as determined by a Code Enforcement Officer.

B. Board review and permit required. No person may substantially demolish any nonexempt structure within the Town of Pittsford without the review and approval of a demolition permit application by the Design Review and Historic Preservation Board, and the issuance of a demolition permit by a Code Enforcement Officer authorizing such demolition work.

C. Board review exemptions.

(1) Dilapidated structures. Structures which, in the sole discretion of a Code Enforcement Officer, are seriously damaged by fire, storm, or other calamity, or are in such poor condition so as to constitute a threat to health, safety, or general welfare, or both, are exempt from Board review for a demolition permit.

(2) Minor structures. The following structures are exempt from Board review for a demolition permit: temporary structures; appurtenant structures, including, but not limited to, buildings which are less than 180 square feet in size, tree houses, decks, and patios; recreational equipment or pools of any size; and fences; provided, however, that, where applicable, all such minor structures remain subject to review for a certificate of appropriateness under Article XXX of Chapter 185[1] herein.

[1] Editor's Note: See Ch. 185, Zoning, Art. XXX, Landmarks, Historic Districts and Certificates of Appropriateness.

(3) Nonhistoric structures included in a Planning Board application. Structures that are not inventoried or designated as historic under Article XXX of Chapter 185[2] herein, but which are included as part of a Planning Board application that requires a public hearing, are exempt from Board review for a demolition permit.

[2] Editor's Note: See Ch. 185, Zoning, Art. XXX, Landmarks, Historic Districts and Certificates of Appropriateness.

(4) Discretionary exemption by the Design Review and Historic Preservation Board. Upon review of available information pertaining to the structure proposed for demolition, including its address, age, architect if available, photographs, square footage, height, and the proposed size and lot location of any proposed replacement structure, the Design Review and Historic Preservation Board shall promptly determine, at a public meeting, whether to exempt from hearing any application for demolition of a structure which, in its sole discretion, does not contribute to the existing character of the neighborhood, historic district, potential historic district, or the Town, by virtue of the structure's architecture or historic resources. Any application so exempted will be promptly referred to a Code Enforcement Officer for the processing of a demolition permit.

§ 64-43 Procedure.

A. Hearing application.

(1) Form. Any person seeking Town permission to substantially demolish any nonexempt structure within the Town of Pittsford shall complete and furnish to the Code Enforcement Official an application on a form created by the Town Building Department and providing such information so as to allow the Design Review and Historic Preservation Board to evaluate the negative impacts of the proposed demolition to the neighborhood, historic district, potential historic district, or the Town.

(2) Minimum requirements. At a minimum, all applications must include the existing structure's age, square footage, height, style, and other available information, such as the structure's architect or historical interest, parcel map or aerial photographs, and color photographs of the existing structure's exterior elevations. If any replacement structure or addition is proposed, drawings or plans must be presented showing both the existing and proposed structure's elevations and clearly identifying all new construction and labeling all materials as new or existing. The application must also identify zoning variances required for any proposed replacement structure or addition. If no replacement structure or addition is proposed, site restoration plans must be presented.

(3) Additional information and inspection. Additional information may be required by the Town Building Department or the Design Review and Historic Preservation Board as deemed necessary to determine conformity with Town regulations and with the spirit and intent of this article prior to a decision on the application. Such information may include, but is not limited to, interior photographs that represent the current condition of the structure. An inspection of the site, including the inside of the structure, by at least one member of the Design Review and Historic Preservation Board and a Code Enforcement Officer, may also be required. If a new addition or structure is proposed, further requirements may include floor plans, site plans, grading plans, landscaping plans, and demolition/development procedures.

B. Notice and hearing. Within 30 days from receipt of a complete application, the Design Review and Historic Preservation Board shall hold a public hearing on the application. Notice of the hearing shall be given by Town Hall bulletin board posting and newspaper publication no less than five days prior to the hearing in accordance with law. Additional notice by Town website posting, site sign posting, and mail to neighboring properties will conform to informal Town policy.

C. Standards and decision. Within 45 days of the commencement of a public hearing on the application, the Design Review and Historic Preservation Board shall decide in writing to approve, with or without conditions, or to disapprove the demolition application, upon express consideration of the following standards and information:

(1) The need or reasons for the proposed demolition;

(2) The description of the replacement structure or restoration plan for the site;

(3) The historic and architectural significance of the structure, and the effect of demolishing the structure and rebuilding any replacement structure is expected to have on the character of the neighborhood and community, including an historic district if the building stands within such a district and including any potential historic district as identified in the Town's most recent Historic Resource Survey Update; and

(4) Information derived from the public hearing.

D. Application approval; failure to act upon. Any approval of an application, with or without express conditions, shall be conditioned on compliance with Town and state code provisions regulating demolition activities. Upon approval of an application and compliance with Town and state code provisions regulating demolition activities, a Code Enforcement Officer shall promptly issue the demolition permit. If a decision on an application is not reached within 45 days of the commencement of the public hearing, the application will be deemed denied, unless a time extension is granted at the request of the applicant.

E. Appeals. Consistent with the provisions of Article IX of this chapter, an appeal of any decision of the Design Review and Historic Preservation Board regarding a demolition application may be made to the Town Zoning Board of Appeals.