The title of this article shall be the "Historic Districts Establishment
Law of the City of Gloversville."
It is hereby declared as a matter of City 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 in as much as Gloversville 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 City of Gloversville's historic, architectural
and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance the City of Gloversville'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 City.
There is hereby created a Board to be known as the "Historic
Preservation Review Board."
A.
The Board shall consist of five members, selected by the Mayor, who
shall serve for a term of three years. The initial appointment shall
be made so as to create staggered terms. At least three members shall
be residents of the City of Gloversville.
B.
Qualifications.
(1)
The members of the Board should be selected in a manner so as to
include individuals fitting some of the following descriptions:
(a)
An owner of property located within the historic district or
buffer zone.
(b)
A realtor.
(c)
A person familiar with local history.
(d)
A merchant in an historic district or buffer zone.
(e)
A person involved in the building trades or construction.
(f)
A person involved in some aspect of design, such as an architect,
draftsman or graphic artist.
(g)
An attorney.
(2)
All members shall have a known interest in historic preservation
and architectural development within the City of Gloversville.
C.
The Chairman and Vice Chairman of the Board shall be elected by and
from among the members of the Board.
D.
The powers of the Board shall include:
(1)
Employing staff and professional consultants as necessary to carry
out the duties of the Board, to the extent of available funding.
(2)
Promulgating rules and regulations as necessary for the conduct of
its business.
(3)
Adopting 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 City.
(5)
Recommending to the City the designation of identified structures
or resources as landmarks and historic districts.
(6)
Recommending to the City government of the acceptance of the donation
of facade easements and development rights; the making of recommendations
to the City 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)
Recommending to the City government concerning the utilization of
state, federal or private funds to promote the preservation of landmarks
and historic districts within the City.
(9)
Recommending acquisition of landmark structures by the City government
where their preservation is essential to the purposes of this article
and where private preservation is not feasible.
(10)
Approving or disapproving applications for certificates of appropriateness
pursuant to this article.
E.
The Board shall meet at least monthly, but meetings may be held at
any time on the written request of any two of the Board 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 Board members, but not less than a majority of the full authorized
membership may grant or deny a certificate of appropriateness.
A.
Upon recommendation of the Board, the Common Council 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;
(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 a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
Groups of properties.
(1)
Upon recommendation of the Board, the Common Council may designate
a group of properties as an historic district if it:
(2)
The boundaries of each historic district and buffer zone designated
henceforth shall be specified in detail and shall be filed, in writing,
in the City Clerk's office for public inspection.
C.
Notice of a proposed designation shall be sent by the Board by registered
mail to the owner of the property proposed for designation, describing
the property proposed and announcing a public hearing by the Board
to consider the designation. Where the proposed designation involves
so many owners that individual notice is infeasible, notice may instead
be published at least once in a newspaper of general circulation at
least 20 days prior to the date of the public hearing. Once the Board
has issued notice of a proposed designation, no building permits shall
be issued by the Building Inspector until the Common Council has made
its decision regarding designation following the public hearing before
the Board.
D.
The Board shall hold a public hearing prior to recommendation to
the Common Council of designation of any landmark or historic district.
The Board, 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.
E.
Within 10 days of the hearing, the Board shall make and forward a
recommendation to the Common Council regarding the proposed designation;
the City shall then forward notice of each property designated as
a landmark and of the boundaries of each designated historic district
to the office of the Fulton County Clerk for recording or filing.
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction or moving of a landmark
or property within an historic district or buffer zone, nor shall
any person make any material change in the appearance of such a 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 landmark or historic district,
without first consulting with the Historic Preservation Review Board.
The Board may impose a delay on the commencement of any such work
for a period of 15 to 30 days, or until the owner and the Commission
have reached an agreement on the project, whichever event shall occur
first. During this delay period, it shall be the responsibility of
the owner to meet with the Board, local preservation groups and other
interested parties. All parties shall use diligent efforts to seek
an alternative that will result in preservation or appropriate treatment
of the property.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Review Board shall not consider changes
to interior spaces, unless they are open to the public, or to architectural
features that are not visible from a public street or alley. The Board'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 Board 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 structures, 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, 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.
C.
In determining compatibility, the Historic Preservation Review Board
shall also consider the standards set forth by the United States Secretary
of the Interior's Standards for Rehabilitation (36 CFR 67, as amended
and revised) and Putting up a Good Front, copies of which shall be
filed in the City Clerk's office.
D.
Buffer zone. In the event that an application is made on property
located in the buffer zone, the Historic Preservation Review Board
shall first determine if it is significant to the integrity of the
historic district. In the event it is determined by said Board that
it is not, then this section shall not apply for any determination,
and the application may be granted.
E.
Downtown Urban Core Form-Based Overlay District. The Historic Preservation
Review Board shall apply the following architectural standards when
determining the appropriateness of a proposed new structure or substantial
alteration to an existing structure within the Downtown Urban Core
Form-Based Overlay District:
(1)
Architectural features, including front facades, windows, doors and
bays, shall be consistent with the dominant proportion of neighboring
structures and site.
(2)
Windows should be continued on all sides of the building that are
clearly visible from a street or public parking area, avoiding any
blank walls, except in cases of existing walls or potential common
property walls.
(3)
Primary individual window proportions shall be greater in height
than in width. Mirrored, reflective, or tinted glass, all-glass walls,
and exterior roll-down security gates shall not be permitted. Any
shutters shall match the size of the window opening, appear functional,
and be attached to the window frame.
(4)
Buildings should have a top-floor cornice feature and first-floor
architectural articulation, such as a storefront with a secondary
cornice or an architecturally emphasized entrance doorway, to accent
the central body of the building.
(5)
Building elements that provide additional architectural interest,
such as balconies, bay windows, open porches, stoops, and cornices,
may encroach up to 50% of the depth of any setback.
(6)
Commercial buildings shall have at least 70% glass on the first-floor
facades, located between two feet and 10 feet above the sidewalk.
Residential buildings shall have at least 30% glass on the first-floor
facades.
(7)
Metal, glass or canvas-type awnings and canopies or projecting signs
are encouraged and may encroach up to six feet into the front setback
and over the sidewalk above seven feet. Vinyl awnings are discouraged
unless the applicant can demonstrate to the Planning Board's satisfaction
that the finish and design of such awning are of high quality, aesthetically
pleasing and meet the intended standards of the district, as determined
by the Board.
(8)
Finish building materials and colors shall be compatible with those
traditionally used in the neighboring area, and deemed acceptable
by the Planning Board, in cooperation with the Historic Preservation
Board. Contemporary materials may be acceptable provided that the
overall texture, color and details of the building are compatible
with neighboring buildings.
(9)
The relationship of the dimension and mass of a building to the open
space between it and adjoining buildings shall be compatible with
the character of the neighboring area.
(10)
The architectural, rhythmic pattern resulting from repeated
elements such as window and door openings, columns, arches, and other
facade elements shall be consistent within the subject structure as
well as the neighboring structures.
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 Building Inspector who shall immediately forward the application
to the Historic Preservation Board. The application shall contain:
(1)
The name, address and telephone number of applicant.
(2)
The location and photographs of the 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, 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.[1]
(7)
Any other information which the Board may deem necessary in order
to visualize the proposed work.
B.
No building permit or demolition permit shall be issued for such
proposed work until a certificate of appropriateness has first been
issued by the Historic Preservation Review Board. 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 ordinance of the City of Gloversville.
C.
The Board shall approve, deny or approve with modification the application
for the certificate of appropriateness within 20 days from receipt
by the Building Inspector of the completed application. The Board
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 news.
D.
All decisions of the Board shall be in writing. A copy shall be delivered
to the applicant or sent to the applicant by registered mail and a
copy filed with the City Clerk's office for public inspection. The
Board's decision shall state the reasons for denying or modifying
any application.
A.
An applicant whose certificate of appropriateness has been denied
may apply for relief from landmark designation on the grounds that
that designation is working a hardship upon him. 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; and
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
A.
After receiving written notification from the Board of the denial
of a certificate of appropriateness, an applicant may commence the
hardship process. No building permit or demolition permit shall be
issued unless the Board makes a finding that a hardship exists.
B.
The Board 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 Board, 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 Board shall be in writing. A copy shall be sent
to the applicant by registered mail and a copy filed with the City
Clerk's office for public inspection. The Board'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 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 Review Board, 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 an historic district which does not involve
a change in design, material, color or outward appearance.
B.
No owner or person with an ownership 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 Historic Preservation Review Board, 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 by any person, including but not limited to the owner, the
occupant or their agents, to comply with any of the provisions of
this article shall be deemed a violation, and the violator shall be
liable to a fine of not less than $25 nor more than $50 for each day
that the violation continues.
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. This civil remedy shall
be in addition to and not in lieu of any criminal prosecution and
penalty.
The historic districts and buffer zone shall be as illustrated
and marked on the Kingsboro Historic District, City of Gloversville
Historic District and Buffer Zone Maps filed in the City Clerk's office.
Any person aggrieved by the action of the Historic Preservation
Review Board or of the Building Inspector may take an appeal therefrom
to the duly constituted Zoning Board of Appeals[1] in the same manner as is provided for zoning appeals,
and such Zoning Board of Appeals, using the same standards as utilized
by the Historic Preservation Review Board and the Building Inspector,
after proceeding in the same manner as is provided for zoning appeals
and with the same power and authority therein vested in passing upon
appeals before it under the provisions of law and this article and
in the exercise thereof, may reverse or affirm or modify and affirm
the action of the Historic Preservation Review Board and of the Building
Inspector.
