[Added 3-22-1993 by L.L. No. 5-1993[1]; amended 4-26-1993 by L.L. No. 7-1993; 2-9-1998 by L.L. No.
1-1998; 1-8-2001 by L.L. No. 1-2001; 6-11-2001 by L.L. No.
4-2001; 5-27-2009 by L.L. No. 3-2009]
[1]
Editor's Note: Section V of this local law
provided for the continuation of the current Historic Review Commission
members for their terms as appointed.
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of landmarks and historic
districts is necessary to promote the economic, cultural, educational
and general welfare of the public. Inasmuch as the identity of a people
is founded on its past, and inasmuch as the Village of Fayetteville
has many significant historic, architectural and cultural resources
which constitute its heritage, this article is intended to:
A.
Protect and enhance the landmarks and historic districts which represent
distinctive elements of the Village's historic, architectural and
cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance the Village's attractiveness to visitors and
the support and stimulus to the economy thereby provided.
D.
Ensure the harmonious, orderly and efficient growth and development
of the Village.
The Village of Fayetteville Historic Review Commission shall
hereafter be known as the Village of Fayetteville Historic Preservation
Commission.
A.
Members of the Historic Preservation Commission shall be appointed
by the Mayor, subject to the approval of the Board of Trustees. The
Historic Preservation Commission shall be composed of five members.
All members shall have a known interest in historic preservation and
architectural development within the Village.
B.
Terms of office shall be five years. Those persons currently serving
as members of the Village of Fayetteville Historic Preservation Commission
shall continue to serve their three-year terms as previously appointed.
The first appointments of members after expiration of each three-year
term shall be for terms so fixed that at least one will expire at
the end of each official year commencing at the end of the current
such year and continuing in succeeding years until the entire original
appointments run out. At the expiration of each original appointment
hereunder, the succeeding appointments shall be for five-year terms.
No term shall exceed five years.
C.
Of the members of the Historic Preservation Commission, the Mayor
shall appoint one as Chairperson and one as Vice Chairperson, subject
to the approval of the Board of Trustees.
D.
The powers of the Commission shall include:
(1)
Upon funding by the Board of Trustees, employment of staff and professional
consultants as necessary to carry out the duties of the Commission.
(2)
Promulgation of rules and regulations as necessary for the conduct
of its business.
(3)
Adoption of criteria for the identification of significant historic,
architectural and cultural landmarks and for the delineation of historic
districts.
(4)
Conducting surveys of significant historic, architectural and cultural
landmarks and historic districts within the Village.
(5)
Recommending to the Board of Trustees designation of identified structures
or resources as landmarks and historic districts.
(6)
The making of recommendations to the Village government concerning
the acquisition of facade easements or other interests in real property
as necessary to carry out the purposes of this article.
(7)
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(8)
Making recommendations to Village government concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Village.
(9)
Recommending acquisition of a landmark structure by the Village government
where its preservation is essential to the purposes of this article
and where private preservation is not feasible.
(10)
Approval or disapproval of applications for certificates of
appropriateness pursuant to this article.
E.
The Commission shall meet at least once a month, but meetings may
be held at any time on the written request of any two of the Commission
members or on the call of the Chairman or the Mayor.
F.
A quorum for the transaction of business shall consist of three of
the Commission's members, but not less than a majority of the full
authorized membership may grant or deny a certificate of appropriateness.
G.
Associate members. In addition to its regular members, the Historic Preservation Commission may include up to two associate members who shall be appointed to one-year terms by the Mayor, subject to the approval of the Board of Trustees. Each associate member may attend meetings and may participate in deliberations including executive session deliberations unless excluded from such executive sessions by vote of the Commission. Each associate member shall have such additional powers and voting rights as are conferred upon them by § 187-43.1.
A.
The Commission may recommend to the Board of Trustees that an individual
property be designated as a landmark if it:
(1)
Possesses special character or historic or aesthetic interest or
value as part of the cultural, political, economic or social history
of the locality, region, state or nation;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an architectural style;
(4)
Is the work of a designer whose work has significantly influenced
an age; or
(5)
Because of unique location or singular physical characteristic, represents
an established and familiar visual feature of the neighborhood.
B.
The Commission may recommend to the Board of Trustees that a group
of properties be designated as a historic preservation district if
it:
C.
The Board of Trustees may act to include a proposed property or properties
in the Historical Preservation Overlay District by local law to amend
the Village of Fayetteville Zone District Map. In addition to the
procedural requirements otherwise required, notice of a proposed designation
by the Board of Trustees shall be sent by registered mail to the owners
of the property or properties proposed for designation, describing
the property or properties proposed and announcing a public hearing
by the Board of Trustees to consider the designation. Use of the names
and addresses for those persons shown on the current Village real
property tax rolls for purposes of mailing Village tax invoices for
each affected parcel shall be deemed to satisfy the requirements of
this section for purposes of mailed notice.
D.
The Board of Trustees shall hold a public hearing prior to designation
of any landmark or historic district. The Historic Preservation Commission,
owners and any interested parties may present testimony or documentary
evidence at the hearing which will become part of a record regarding
the historic, architectural or cultural importance of the proposed
landmark or historic district. The record may also contain staff reports,
public comments or other evidence offered outside of the hearing.
G.
The Board of Trustees may, by resolution, make a finding that it
is considering designation of a landmark or historic district and,
upon such finding, prohibit the issuance of building permits by the
Codes Enforcement Officer for properties within the proposed area
for a period of 45 days. The Board of Trustees may, by resolution,
extend such prohibition for two successive thirty-day periods upon
a finding that substantial progress is being made toward completion
of the designation.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction or moving of a landmark
or property within a historic district, nor shall any person make
any material change in the appearance of such property, its light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public street or alley which affect the appearance
and cohesiveness of the historic district, without first obtaining
a certificate of appropriateness from the Historic Preservation Commission.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to
interior spaces.
B.
The Commission's decision shall be based on the following principles:
(1)
Properties which contribute to the character of the historic district
shall be retained, with their historic features altered as little
as possible.
(2)
Any alteration of existing properties shall be compatible with its
historic character, as well as with the surrounding district.
(3)
New construction shall be compatible with the district in which it
is located.
C.
In applying the principle of compatibility, the Commission shall
consider the following factors:
(1)
The general design, character and appropriateness to the property
of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction in relation
to the property itself, surrounding properties and the neighborhood.
(3)
Texture, materials and color and their relation to similar features
of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties, including proportion
of the property's front facade, roof shape and the rhythm of spacing
of properties on streets, including setback.
(5)
The importance of historic, architectural or other features to the
significance of the property.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the owner shall file an application for such a certificate
with the Historic Preservation Commission. The application shall contain:
(1)
Name, address and telephone number of applicant.
(2)
Location and photographs of property.
(3)
Elevation drawings of proposed changes, if available.
(4)
Perspective drawings, including relationship to adjacent properties,
if available.
(5)
Samples of color or materials to be used.
(6)
Where the proposal includes signs or lettering, a scale drawing showing
the type of lettering to be used, method of illumination and a plan
showing the sign's location on the property.
(7)
Any other information which the Commission may deem necessary in
order to visualize the proposed work.
B.
No building permit shall be issued for such proposed work until a
certificate of appropriateness has first been issued by the Historic
Preservation Commission. The certificate of appropriateness required
by this article shall be in addition to and not in lieu of any building
permit that may be required by any other local law or ordinance of
the Village of Fayetteville.
C.
The Commission shall approve, deny or approve the permit with modifications
within 45 days from receipt of the completed application. The Commission
may hold a public hearing on the application at which an opportunity
will be provided for proponents and opponents of the application to
present their views.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Village Clerk's office for public inspection. The Commission's
decisions shall state the reasons for denying or modifying any application.
A.
An applicant whose certificate of appropriateness for a proposed
demolition has been denied may apply for relief on the ground of hardship.
In order to prove the existence of hardship, the applicant shall establish
that:
(1)
The property is incapable of earning any reasonable return,
regardless of whether that return represents the most profitable return
possible.
(2)
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.
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
A.
An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply for relief on the ground of hardship.
In order to prove the existence of hardship, the applicant shall establish
that the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
A.
After receiving written notification from the Commission of the denial
of a certificate of appropriateness, an applicant may commence the
hardship process. No building permit or authorization to proceed with
demolition shall be issued unless the Commission makes a finding that
a hardship exists.
B.
The Commission may hold a public hearing on the hardship application
at which an opportunity will be provided for proponents and opponents
of the application to present their views.
C.
The applicant shall consult in good faith with the Commission, local
preservation groups and interested parties in a diligent effort to
seek an alternative that will result in preservation of the property.
D.
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail and a copy filed with
the Village Clerk's office for public inspection. The Commission's
decision shall state the reasons for granting or denying the hardship
application.
All work performed pursuant to a certificate of appropriateness
issued under this article shall conform to any requirements included
therein. It shall be the duty of the Village of Fayetteville Building
Code Enforcement Officer to inspect periodically any such work to
assure compliance. In the event that work is found that is not being
performed in accordance with the certificate of appropriateness or
upon notification of such fact by the Historic Preservation Commission,
the Building Code Enforcement Officer shall 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.
Nothing in this article shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark or property within a historic district which does not involve
a change in design, material, color or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark or included within a historic district shall permit the
property to fall into a serious state of disrepair so as to result
in the deterioration of any exterior architectural feature which would,
in the judgment of the Historic Preservation Commission, produce a
detrimental effect upon the character of the historic district as
a whole or the life and character of the property itself.
C.
Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition,
which could lead to the claim that demolition is necessary for the
public safety.
B.
Any person who demolishes, alters, constructs, or permits a designated
property to fall into a serious state of disrepair in violation of
this article shall be required to restore the property and its site
to its appearance prior to the violation. Any action to enforce this
subsection shall be brought by the Village Attorney. This civil remedy
shall be in addition to and not in lieu of any criminal prosecution
and penalty.
Any person aggrieved by a decision of the Historic Preservation
Commission relating to hardship or a certificate of appropriateness
may, within 15 days of the decision, file a written application with
the Village Board for review of the decision. Reviews shall be conducted
based on the same record that was before the Commission and using
the same criteria.
