[HISTORY: Adopted by the Board of Trustees
of the Village of Flower Hill 4-7-1993 by L.L. No. 2-1993. Amendments noted where
applicable.]
The preservation, protection, enhancement, perpetuation
and use of places, districts, sites, buildings and structures having
a special character or special historical, cultural or aesthetic interest
or value, including appropriate and reasonable control of the appearance
of private property within public view within the village, is determined
by the Board of Trustees to foster stability within the community,
an appreciation of heritage and furtherance of education, and is hereby
deemed to be in the best interests of the public welfare.
[Amended 8-1-2022 by L.L. No. 9-2022]
The Landmarks Preservation Commission shall
consist of three members, each of whom shall be a resident of the
Village.
[Amended 8-1-2022 by L.L. No. 9-2022]
Members of the Commission shall be appointed
by the Board of Trustees to serve without compensation. The Board
of Trustees, in its sole discretion, may require a member of the Commission
to be reasonably versed in landmarks preservation and another to be
a licensed architect. The term of appointment shall be one year. Vacancies
shall be filled by the Board to serve for the balance of the unexpired
term. The Mayor shall designate a Chair, a Vice Chair and a Secretary.
The Commission shall have the authority to conduct
studies and surveys; to identify sites, districts and structures as
having a special character or special historical, cultural or aesthetic
interest or value within the village; to retain, with the consent
of the Board of Trustees where the expenditure of funds is required,
consultants, technical experts, engineers, architects, historians
and the like; and to make recommendation to the Board of Trustees.
Three members of the Commission, of which one
shall be either the Chair or Vice Chair, shall constitute a quorum;
the concurring vote of three members shall be required for action
by the Commission.
A.
Any person may request designation of a site, district or structure by submitting an application therefor to the Village Clerk or Village Clerk-Treasurer on a form designed by the Commission for that purpose. A nonrefundable fee in a sum as set forth in Chapter A243, Fees, Charges and Deposits, payable to the Village of Flower Hill, shall accompany any such application. All expenses of the administration of the application shall be borne by the applicant.
[Amended 11-10-1999 by L.L. No. 3-1999]
B.
The Commission, on its own motion, may initiate proceedings
for the designation of a site, district or structure.
C.
Any site, district or structure listed on the National Register of Historic Places, or any comparable state register, or otherwise designated by any federal, state or local authority as an historic or landmark site, district or structure shall, upon the effectiveness of this chapter or the subsequent listing or designation thereof, be the subject of an application for designation hereunder. The provisions of Subsection H hereof, with respect to the holding of public hearings within 120 days, as provided, shall not apply to any such site, district or structure pursuant to this Subsection C, and public hearings hereunder shall be held annually, in the month of October, unless otherwise directed by resolution of the Board of Trustees.
[Amended 7-5-1994 by L.L. No. 2-1994]
D.
Upon acceptance of an application to consider designation
hereunder, the Secretary of the Commission shall notify the applicant
and, if the application is for a site or structure, the owners thereof,
and if the application is for a district, all owners within the same,
together with the owners of all property within a radius of 300 feet
of the boundary lines of the affected area. Such notice shall be by
certified or registered mail and shall recite the nature of the application,
the time and place of the meeting and the name of the applicant. Such
notice shall be given at least 10 days prior to the date of the meeting,
at which the Commission shall hear interested parties prior to final
determination on its recommendation to the Board.
E.
In making a recommendation on an application, the
Commission shall consider all relevant factors, including but not
limited to the character, architectural design, ambience, historical
significance, aesthetic value and uniqueness of the proposed subject
of the application or of the area in which it is situate, and the
building styles within the area.
F.
The Commission shall file written findings and a decision
with the Village Clerk or Village Clerk-Treasurer within 30 days after
an application is reviewed.
G.
All meetings of the Commission shall be open to the
public.
H.
After the Commission shall have determined its recommendation on an application, the same shall be filed with the Village Clerk or Village Clerk-Treasurer, and the Board of Trustees shall, within 120 days from its next regularly scheduled meeting, hold public hearings on the application in the same manner as for the adoption of a local law. The Board shall, by regular mail, give individual notice of the public hearing to all persons within the area specified under Subsection D hereof.
A.
No structure may be constructed, altered, repaired,
moved or demolished once it has been designated as having a special
character or special historical, cultural or aesthetic interest or
value hereunder, or if it is situate upon a site so designated or
located wholly or partially within a district so designated, unless
full compliance is had with the provisions of this section.
B.
Review pursuant to this section shall be limited to
the exterior architectural features of the structure and shall not
apply to interior features.
C.
Criteria for review by the Commission shall include,
but not be limited to, the significance historically and architecturally
of the site, district or structure, including its relation to the
surrounding area; the general appropriateness of the exterior design
as it relates to the area; such other factors deemed relevant to the
special character or special historical, cultural, architectural or
aesthetic interest, value or significance of the site, district or
structure and the surrounding area.
D.
The alteration, repair or addition to a structure
designated as having a special character or special historical, cultural
or aesthetic interest or value or to one situate upon a site so designated,
or located wholly or partially within a district so designated, shall
be consistent with the materials and style of the architectural period
of the structure.
A.
No building permit shall issue for demolition, alteration, improvement or other construction on any site or structure under consideration for designation hereunder; after having been designated as a site, district or structure having a special character or special historical, cultural or aesthetic interest or value, no such building permit may issue except in conformity with §§ 143-7 and 143-8 of this chapter.
B.
Applications for building permits for a structure
designated as having a special character or special historical, cultural
or aesthetic interest or value, or for one situate upon a site so
designated, or located wholly or partially within a district so designated
pursuant to this chapter, shall be made in accordance with the general
provisions of this Code, except as hereinafter provided. Any such
application shall indicate that the structure or the site or district
within which the structure is situate is a designated property, and
the plans submitted shall show the subject structure, its relation
to adjacent structures, the proposed construction, alteration, repair,
moving or demolition, and a list of property owners within a three-hundred-foot
radius of the boundaries thereof.
C.
No building permits shall issue for constructing,
altering, repairing, moving or demolishing a structure designated
as having a special character or special historical, cultural or aesthetic
interest or value, or for one situate upon a site so designated, or
for one located wholly or partially within a district so designated,
except by order of the Board of Trustees after review of the plans
and consideration of the recommendation of the Commission.
D.
Where a variance may be required, the Commission shall,
upon the filing of an application for such variance, submit a copy
of its report to the Zoning Board of Appeals of the village.
E.
Nothing herein contained shall limit the ordinary
maintenance and repair with like materials of similar style, quality,
color and design of any site or structure designated hereunder.
F.
Additional
requirements for demolition permits. In addition to all other requirements
pertaining to the issuance of permits, any application for a demolition
permit shall include a site development plan. Approval of the site
development plan by the Board of Trustees is a prerequisite to the
issuance of a demolition permit.
[Added 10-5-2009 by L.L. No. 18-2009]
The Board of Trustees, when designating a site,
district or structure as having a special character or special historical,
cultural or aesthetic interest or value, may at the request of any
person 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 tax purposes be frozen at present levels or reduced
prospectively and consider similar relief for village tax purposes.
Nothing herein contained shall limit action
by the appropriate authority in the case of an unsafe building or
one that is dangerous to the life, health or property of any person.
