Questions about eCode360? Municipal users Join us Monday through Wednesday between 12pm and 1pm EDT to get answers and other tips!
Village of Fairport, NY
Monroe County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fairport 5-14-2007 by L.L. No. 4-2007[1] (Ch. 22A of the 1968 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch. 455.
Zoning — See Ch. 550.
[1]
Editor's Note: This local law was approved by the Mayor on 6-20-2007.
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are 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 Fairport has many significant historic, architectural and cultural resources which constitute its heritage, this chapter 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 Fairport'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 of Fairport.
E. 
Stabilize and improve property values.
There is hereby created a commission to be known as the "Village of Fairport Historic Preservation Commission."
A. 
The Commission shall consist of five members to be appointed by the Village Board.
B. 
All members shall be residents of the Village of Fairport and have a known interest in historic preservation and architectural development within the Village of Fairport.
C. 
Commission members shall serve for a term of five years, with the exception of the initial term in which members will serve for one, two, three, four and five years.
D. 
The Commission will recommend a chairperson for the Commission from among the members of the Commission. The Mayor of the Village of Fairport shall appoint the Chairperson for a one-year term.
E. 
The Vice Chairperson shall be elected by and from among the members of the Commission.
F. 
The powers of the Commission shall include:
(1) 
Appointment of staff and professional consultants as necessary to carry out the duties of the Commission, with compensation only as approved by the Village Board;
(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) 
Provisions for surveys of significant historic, architectural and cultural landmarks and historic districts within the Village;
(5) 
Designation of identified structures or resources as landmarks and historic districts;
(6) 
Acceptance on behalf of the Village government of the donation of facade easements and development rights and 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 chapter;
(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 preservation of landmarks and historic districts within the Village;
(9) 
Recommending acquisition of landmark structures by the Village government where their preservation is essential to the purposes of this chapter and where private preservation is not feasible; and
(10) 
Approval or disapproval of applications for certificates of appropriateness pursuant to this chapter.
G. 
The Commission shall meet at least quarterly, 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.
H. 
A quorum for the transaction of business shall consist of three Commission members, and the affirmative vote of at least three members shall be required to grant or deny a certificate of appropriateness.
I. 
All members participating in a vote shall have inspected the property concerned before voting on a certificate of appropriateness.
J. 
Alternate members. The Village Board may appoint up to two alternate members of the Historic Preservation Commission.
[Added 3-14-2018 by L.L. No. 2-2018]
(1) 
Appointment of alternate members shall be made in the same manner and for the same term as for regular members.
(2) 
The Chairman of the Historic Preservation Commission may designate an alternate member to sit and participate in hearings and all other deliberations and voting of the Historic Preservation Commission when the Chair determines that without such designation there will be less than a full complement of the Commission in attendance. Such designation shall be entered in the minutes of the meeting.
(3) 
When designated, an alternate member shall have all the authority of a member of the Commission.
(4) 
The designation of an alternate member to sit, hear, and determinate shall terminate at the conclusion of the meeting at which the designation is made.
A. 
The Commission may designate an individual property 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; or
(2) 
Is identified with historic personages; or
(3) 
Embodies the distinguishing characteristics of an architectural style; or
(4) 
Is the work of a designer whose work has significantly influenced an age; or
(5) 
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
B. 
The Commission may designate a group of properties as an historic district if it:
(1) 
Contains properties which meet one or more of the criteria for designation of a landmark; and
(2) 
By reason of possessing such qualities, constitutes a distinct section of the Village.
C. 
The fact that a property, or group of properties, has been accepted and listed on the National Register of Historic Places,[1] or has been determined to be eligible for such listing, shall conclusively satisfy the criteria in Subsections A and B above.
[1]
Editor's Note: See 36 CFR 60.
D. 
The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed, in writing, in the Village Clerk's office for public inspection.
E. 
Notice of a proposed designation shall be sent by first-class mail to the owners of each of the properties proposed for designation, describing the properties proposed and announcing the date, time and place of a public hearing by the Commission to consider the designation. Where the proposed designation involves so many owners that individual notice is not feasible, notice of the public hearing shall be given by the Village Clerk by causing the same to be published once in the official newspaper at least three days prior to the day fixed for such hearing. In case there is, at any time, no official newspaper, the Board of Trustees shall designate the manner of giving such public notice. Such notice shall contain the location of the proposed landmarks and/or districts and a brief explanatory statement thereof prepared by the Village Clerk and approved by the Village Attorney.
(1) 
Once the Commission has issued notice of a proposed designation, no building permit or demolition permit shall be issued by the Code Enforcement Officer until the Commission has made its decision.
(2) 
A property owner who has received notification and wants to do work on his property may request, by first-class mail, sent to the Village's Building Department, that a prompt determination on the proposed designation be made. Failure of the Historic Preservation Commission to call and schedule a public hearing upon the request within 15 days of its receipt shall release the hold on a requested building or demolition permit. The public hearing shall commence within 30 days of receipt of the request.
F. 
The Commission shall hold a public hearing prior to designation of any landmark or historic district. The 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. The Commission shall make its decision, in writing, within 62 days after the public hearing is closed.
G. 
Local preservation districts and/or individual landmarks are decided by the Commission.
H. 
The Village Clerk shall forward notice of each property designated as a landmark and of the boundaries of each designated historic district to the office of the Monroe County Clerk for recordation.
I. 
Property owners may apply to the Commission for designation of a particular property as an historic landmark; the Commission, in its discretion, may conduct a public hearing on the application and act in the same manner as provided above.
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a landmark or property within an historic district, nor shall any person make any physical change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public way, without first obtaining a certificate of appropriateness from the Historic Preservation Commission. All certificates of appropriateness will automatically terminate one year after they are granted unless significant work has commenced on the project.
A. 
In passing upon an application for a certificate of appropriateness, the Commission shall not consider changes to interior spaces. The Commission's decision shall be based upon 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 their historic character, as well as with the surrounding district.
(3) 
New construction shall be compatible with the district in which it is located.
B. 
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 and materials 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, proportion and arrangement of windows and other openings within the 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 Commission. Such filing is to take place in the Village Building Department on forms prepared by the Commission. The application shall contain:
(1) 
The name, address and telephone number of the applicant.
(2) 
The location and photographs of the property.
(3) 
Elevation drawings of proposed changes.
(4) 
Perspective drawings, including the relationship to adjacent properties.
(5) 
Samples of materials to be used.
(6) 
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials 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 Commission. The certificate of appropriateness required by this chapter shall be in addition to and not in lieu of any building permit that may be required by any other local law, ordinance, regulation or rule of the Village of Fairport.
C. 
The Commission shall call a public hearing at which an opportunity shall be provided proponents and opponents of the application to present their views, testimony and evidence, within 15 days of receipt of a complete application. The public hearing shall commence within 30 days of receipt of a complete application. The Commission shall approve, approve with modifications or deny the application within 62 days after the public hearing is closed.
D. 
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by first-class mail and a copy filed with the Village Clerk's office and the Building Department for public inspection. The Commission in all cases shall state the reasons for the determination made.
An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief to the Commission on the ground of hardship. In order to prove the existence of hardship the applicant shall establish that:
A. 
The property is incapable of earning a reasonable return, regardless of whether the return represents the most profitable return possible or, in the case of a property owned by an entity certified under Section 501(c)(3) of the Internal Revenue Code, where the failure to permit demolition would unreasonably interfere with the applicant's charitable purpose;
B. 
The property cannot be renovated or adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;
C. 
Reasonable efforts to find a purchaser interested in acquiring the property and preserving it have failed;
D. 
Reasonable efforts to consider relocation of the landmark have been undertaken and determined to be not feasible economically;
E. 
The hardship is the result of the application of this chapter and is not the result of any act or omission by the applicant.
Any owner of a landmark, whose application for a certificate of appropriateness for any purpose other than demolition has been denied, may apply to the Commission for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:
A. 
If it is a business or commercial property, the property is incapable of earning a reasonable return, if the application for alteration is denied, regardless of whether the return represents the most profitable return possible;
B. 
If the applicant is certified under Section 501(c)(3) of the Internal Revenue Code, denial of the proposed alteration would unreasonably interfere with the applicant's charitable purpose;
C. 
The applicant would suffer significant economic injury if the application is denied or that public safety would be endangered if the alterations are not completed in accordance with the application;
D. 
The hardship is the result of the application of this chapter and is not the result of any act or omission by the applicant.
A. 
After receiving written notification from the Commission of the denial of a certificate of appropriateness, an applicant may commence the hardship process by filing a hardship application with the Commission. No building permit or demolition permit shall be issued unless the Commission makes a finding that a hardship exists.
B. 
The Commission shall 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, testimony and evidence, without unnecessary delay.
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 first-class mail and a copy filed with the Village Clerk and the Village Building Department for public inspection. The Commission's written decision shall state the reasons for the determination made. If the application is granted, the Commission shall approve only such work as is necessary to alleviate the hardship.
All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to any requirements included therein. It shall be the duty of the Code Enforcement Officer of the Village of Fairport to inspect periodically and, upon completion of any such work, to assure compliance. In the event 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 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 chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within an historic district which does not involve a change in design, material or outward appearance.
B. 
No owner or person with an interest in real property designated as a landmark or included within an 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 produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. 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.
Notwithstanding any other provision herein, if the Code Enforcement Officer of the Village of Fairport shall certify in writing that a proposed landmark or designated landmark, or property within a proposed historic district or designated historic district presents an imminent danger to life or property by reason of its physical condition and that the risk can be abated only by partial restoration or repair or partial demolition of the property, a building permit or demolition permit may issue to the extent necessary, in the opinion of the Code Enforcement Officer, to abate the danger.
A. 
Failure to comply with any of the provisions of this chapter shall result in the termination of any permits issued or any proceedings commenced under the provisions of this chapter.
B. 
Any person who fails to comply with any of the provisions of this chapter shall, upon conviction, be subject to a fine not exceeding $250 for each such violation. Each day that such violation continues shall constitute a separate offense punishable by the foregoing fine.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
If any said person fails to abate any said violation of this chapter within five calendar days after written notice has been personally served upon such person or within 10 days after written notice has been sent to such person by registered mail at his home or business address, said person shall be subject to a civil penalty of $250 for each and every day that said violation continues, recoverable by suit brought by the Village and to be retained by it. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
D. 
Any person who demolishes, alters, constructs or permits a designated property or a property proposed for designation to fall into a serious state of disrepair in violation of this chapter 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 upon authorization by the Village Board. 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 designation, hardship or a certificate of appropriateness may, within 30 days of the filing of the decision in the Village Clerk's office, file a written application with the Village Board for review of the decision. The Village Board shall schedule a public hearing upon the appeal without unnecessary delay. Reviews shall be conducted based on the same record that was before the Commission and using the same criteria. The Village Board shall render its decision within 62 days after the public hearing is closed.
Where this chapter imposes greater restrictions than are imposed by the provisions of any law, ordinance, regulation or private agreement, the provisions of this chapter shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by this chapter, such greater restrictions shall not be affected by this chapter.
No decision to carry out or approve an action subject to the provisions of this chapter shall be rendered by any department, board, Commission, officer or employee of the Village of Fairport until there has been full compliance with all requirements of this chapter. This shall not prohibit environmental, engineering, economic feasibility or other studies, preliminary planning or budgetary processes, nor the granting of an application relating only to technical specifications and requirements, but not authorizing commencement of action until full compliance with this chapter has been met.
This chapter shall apply to the entire area of the Village of Fairport.