[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.]
[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.
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]
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.
