[HISTORY: Adopted by the Board of Trustees
of the Village of Geneseo 10-19-1998 by L.L. No. 8-1998. Amendments noted where
applicable.]
Pursuant to the provisions of § 96-a
and Article 5-K of the New York State General Municipal Law, 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 Geneseo has many significant
historic, architectural and cultural resources which constitute its
heritage, this chapter is intended to:
A.
Protect and enhance the attractiveness of the Village
of Geneseo to home buyers, visitors, shoppers and residents, and thereby
provide economic benefits to the Village and its citizens.
B.
Protect and enhance the landmarks and historic districts
which represent distinctive elements of the historic, architectural,
and cultural heritage of the Village of Geneseo.
C.
Foster civic pride in the beauty and history of the
Village of Geneseo.
D.
Conserve and improve the value of property within
the Village.
E.
Promote the harmonious, orderly and efficient growth
and development of the Village.
As used in this chapter, the following terms
shall have the meanings indicated:
Any act or process which changes one or more of the exterior
architectural features of the structure designated as a landmark or
any structure or building in an historic district or which substantially
changes the character, ambience, aesthetic or historical value of
an historic district.
The Board of Trustees of the Village of Geneseo.
A structure wholly or partially enclosed by walls and a roof,
affording shelter to persons, animals or property.
An alteration necessary to avoid risk of physical injury,
to avoid loss of structural integrity and to maintain habitability.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure,
including but not limited to the kind and/or texture of the building
material and the type and style of all windows, doors, lights, signs
and other fixtures appurtenant to said building or structure.
Any area which contains places, sites, structures or buildings
which have a special character and ambience or historical value or
aesthetic interest and which represent one or more periods or styles
of architecture of an era of history and which cause such area to
constitute a distinct section of the Village.
The Historic Review Board of the Village of Geneseo.
Any place, structure or building of historical value or aesthetic
interest by reason of its antiquity or architectural design or as
part of the development, heritage or cultural characteristics of the
Village, town, county, state or country.
A parcel or part thereof, including open space, on which
is situated a landmark, and any abutting parcel or part thereof constituting
part of the premises on which the landmark is situated.
Any assembly of materials forming a construction framed of
component structural parts whether or not for occupancy or use, including
buildings.
The Village of Geneseo.
There is hereby created a board to be known
as the "Historic Review Board (HRB) of the Village of Geneseo," hereinafter
referred to as the "HRB."
A.
The HRB shall consist of five members to be appointed
by the Mayor with the approval of the Village Board of Trustees. Members
shall have a known interest in historic preservation and architectural
development within the Village of Geneseo.
(1)
To the extent of availability in the Geneseo community,
consideration should be given to balancing representation on the HRB
so as to include such expertise as an architect or architectural historian,
an attorney, a person familiar with local history, a licensed real
estate broker and a local merchant/businessperson.
(2)
At least one member shall have demonstrated significant
interest in and commitment to the field of historic preservation,
either by involvement in a local historic preservation group, employment
or volunteer activity in that field, or other serious interest in
preservation.
B.
Historic Review Board members shall serve for a term
of three years, with the exception of the initial term of one of the
members which shall be one year, two which shall be two years and
two which shall be three years. Members may be reappointed with a
limit of two consecutive three-year terms. Members who have served
two consecutive three-year terms will be eligible for reappointment
after an absence of one year from membership on the HRB. The Mayor
shall appoint any replacement member of the HRB to complete an unexpired
term.
C.
The chairperson of the HRB shall be appointed by the
Mayor.
D.
The powers of the HRB shall include:
(1)
Appointment of professional consultants as necessary
to carry out the duties of the HRB, compensation of whom shall be
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 or historic districts, with the approval of the property
owner(s).
(6)
Increasing public awareness of the value of historic,
cultural and architectural preservation by developing and participating
in public education programs.
(7)
Making recommendations to the Village Board concerning
the utilization of state, federal or private funds to promote preservation
of landmarks and historic districts within the Village.
(8)
Approval or disapproval of applications for certificates
of approval pursuant to this chapter.
(9)
The HRB may, upon request, advise owners of property
or structures within the Village on the physical and financial aspects
of preservation, renovation, rehabilitation and reuse.
(10)
The HRB may undertake any other action or activity
necessary or appropriate to the implementation of its powers and duties,
or to the advancement of the purposes set forth in this chapter.
E.
The HRB shall meet at least monthly, but meetings
may be held at any time on the written request of any three of the
HRB members or on the call of the Chairperson or the Mayor. The HRB
shall provide the Village Clerk with a schedule of its regular monthly
meetings.
F.
A quorum for the transaction of business shall consist
of three of the HRB's members, but not less than a majority of the
full authorized membership may grant or deny a certificate of approval.
A.
The HRB may accept for designation an individual historic,
architectural or cultural landmark, or a group of properties as an
historic district if:
(1)
The HRB agrees that said property meets the standards
as established by this chapter for designation as a local landmark,
in that:
(a)
The property 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;
(b)
The property is identified with historic personages;
(c)
It embodies the distinguishing characteristics
of an architectural style;
(d)
It is the work of a designer whose work has
significantly influenced an age; or
(e)
Because of a unique location or singular physical
characteristic, the property represents an established and familiar
visual feature of the neighborhood.
(2)
The HRB agrees that said properties meet the standards
as established by this chapter for designation as an historic district,
in that:
(a)
The district contains properties which meet
one or more of the criteria for designation of a landmark; and
(b)
By reason of possessing such qualities, the
area constitutes a distinct section of the Village of Geneseo. 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.
(3)
The property owner(s) agrees, in writing to the HRB,
that his/her/their building(s), site(s) or structure(s) be permanently
designated for inclusion as historic or culturally significant and
such owner(s) agrees to abide by the rules as provided for in this
chapter.
B.
The HRB will notify the owner(s) of property which
the HRB believes is worthy of designation as a landmark or landmark
district and request that the owner(s) meet with the HRB at an agreed-upon
meeting date to discuss the possibility of such designation and agree,
or not, whether to pursue such designation proposal.
C.
If, after the meeting, the owner(s) of the property
shall agree to such designation and the HRB should vote that said
property be given final designation and the owner(s) of the property
shall execute a written designation in recordable form:
(1)
The Building Inspector shall be informed that no building
permit shall be issued except as hereafter explained in this chapter.
(2)
The Village Clerk shall be informed that said property
has been designated as a landmark and shall record such designation
with the office of the Livingston County Clerk.
No person who has accepted historic designation
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 material change
in the appearance of such property, its grounds, signs, sidewalks,
fences, steps, paving, light fixtures or other exterior elements,
without first obtaining a certificate of approval from the Historic
Review Board.
A.
The HRB'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.
(4)
New additions and adjacent or related new construction
shall be undertaken in such a manner that, if removed in the future,
the essential form and integrity of the historic property and its
environment would be unimpaired.
B.
In applying the principle of compatibility, the HRB
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 approval, the owner shall file an application for such a certificate with the HRB. The Code Enforcement Officer shall notify the HRB of all applications for building permits involving landmarks or structures located in an historic district. (See §§ 61-8 to 61-18 of the Village Code.[1]) 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, if necessary.
(4)
Perspective drawings, including relationship to adjacent
properties, if necessary.
(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 HRB 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 approval has first been issued by the
HRB. The certificate of approval required by this chapter shall be
in addition to and not in lieu of any building permit that may be
required by any other ordinance of the Village. Emergency alterations
shall be exempt from the strict application of this chapter. However,
any emergency alterations shall be to the minimum extent necessary
to restore the structural integrity, habitability and general safety
of the premises.
C.
The HRB shall approve, approve with modifications
or deny the application within 45 days from the receipt of a completed
application. The HRB 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.
A certificate of approval or approval with conditions
shall expire one year after the date of issuance if the work requiring
such certificate has not been initiated, and it shall expire 24 months
after the date of issuance if the work has not been completed.
E.
All decisions of the HRB 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 HRB's decision
shall state the reasons for denying or modifying any application.
A.
An applicant whose certificate of approval 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 a 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.
(4)
There exists financial inability to perform the required
repairs or restoration.
A.
After receiving written notification from the HRB
of the denial of a certificate of approval, an applicant may commence
the hardship process. No building permit or demolition permit shall
be issued unless the HRB makes a finding that a hardship exists.
B.
The HRB 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
HRB, 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 HRB 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 HRB's decision
shall state the reasons for granting or denying the hardship application.
All work performed pursuant to a certificate
of approval issued under this chapter shall conform to any requirements
included therein. It shall be the duty of the 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 approval, or upon notification of such fact
by the HRB, 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 chapter shall be construed to prevent
the ordinary maintenance, repainting and repair of any exterior architectural
feature of a landmark or property within an historic district which
does not involve a change in 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, in the judgment of the HRB, 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.
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, and penalties
for offenses thereof shall be under the enforcement procedures laws
of the Village. Penalties shall be consistent with the Village Zoning
Ordinance[1] for violations, as an offense.
B.
Any person who demolishes, alters or constructs a
designated property, or permits such a property 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. 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 HRB
relating to a certificate of approval or hardship may, within 30 days
of the filing of the decision in the Village Clerk's office, file
a written application with the Village Board of Trustees for review
of the decision.
Where this chapter imposes greater restrictions
than are imposed by the provision 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 Geneseo 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.
