[HISTORY: Adopted by the Board of Trustees
of the Village of Montgomery 11-17-1986 by L.L. No. 5-1986.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded
former Ch. 6, Architectural Review Board, adopted 6-4-1974 by L.L.
No. 4-1974, as amended.
The Board of Trustees hereby finds that inappropriateness
or poor quality of design in the exterior appearance of buildings
or land developments adversely affects the desirability of the immediate
area and neighboring areas and, by so doing, impairs the stability
and value of both improved and unimproved real property in such areas;
retards the most appropriate development of such areas; produces degeneration
of property in such areas, with attendant deterioration of conditions
affecting the health, safety, morals and general welfare of the inhabitants
thereof; and creates an improper relationship between the taxable
value of real property in such areas and the cost of municipal services
provided therefor. It is the purpose of this chapter to prevent these
and other harmful effects of such exterior appearance of buildings
and land developments and thus to promote and protect the health,
safety, morals and general welfare of the community. The Board of
Trustees further finds that the above-stated concerns significantly
affect the areas of the Village listed in the National Register of
Historic Places.
[Added 1-16-1996 by L.L. No. 1-1996]
As used in this chapter, the following terms
shall have the meanings indicated:
Abutting; contiguous. For the purposes of this chapter, a
lot shall be deemed "adjacent" when any part of the property line
of such lot touches the boundary line of either the Historic District
or a property individually listed on the New York State or National
Register of Historic Places. Lots separated from the property or district
boundary by a street, road, highway, river or park shall not be deemed
to be "adjacent" to said designated district.
[Amended 10-17-2023 by L.L. No. 3-2023]
For the purposes of this chapter, "affected parcels" shall
mean any parcel of land located within or adjacent to either the Historic
Districts or any property individually listed on the New York State
or National Register of Historic Places as identified on the map appended
to this chapter.
[Added 10-17-2023 by L.L. No. 3-2023]
Any change, construction, reconstruction, repair or demolition
in the exterior architectural features of any existing building or
the construction or placement of any new building on any parcel of
land within or adjacent to either the Historic Districts or a property
individually listed on the New York State or National Register of
Historic Places. Alteration shall include the repair to a building
required by normal wear and tear. Any alteration of the interior of
any building that does not affect the exterior architectural features
of any building subject to this chapter shall not be deemed an alteration.
[Added 10-4-2011 by L.L. No. 5-2011; amended 10-17-2023 by L.L. No.
3-2023]
The Architectural and Historic Review Board of the Village
of Montgomery.
A structure with a roof supported by columns or walls.
[Added 10-4-2011 by L.L. No. 5-2011]
The Building Inspector of the Village of Montgomery or his
duly authorized representative.
The Academy Hill-Union Street and the Bridge Street Historic
Districts of the Village of Montgomery.
[Added 10-4-2011 by L.L. No. 5-2011]
Any lots separated from an affected parcel by a street, road,
highway, river or park shall be considered within "line of sight"
from said parcel.
[Added 10-17-2023 by L.L. No. 3-2023]
A.
There is hereby created an Architectural and Historic
Review Board, which shall consist of five members who shall serve
without compensation. All members of said Board shall be residents
of the Village of Montgomery and shall be specially qualified by reason
of training or experience in architecture, land development, municipal
planning, real estate, landscape architecture or other relevant business
or profession or by reason of civic interest and sound judgment to
judge the effects of a proposed building or land development upon
the desirability, property values and development of surrounding areas.
If available, at least one member of said Board of Review shall be
a registered architect in the State of New York. The members of said
Board of Review shall be appointed by the Board of Trustees. The Chairman
and the Secretary of said Board of Review shall be designated by the
members of the Board of Trustees annually.
B.
The terms of office of each member shall be three
years, except that the initial appointments of one member shall be
for one year, of two members for two years, and of two members for
three years. The Board of Trustees shall have the power to remove
any member for cause. Vacancies shall be filled by the Board of Trustees
for the unexpired term of any member whose place has become vacant.
A.
Three members of the Architectural and Historic Review
Board shall constitute a quorum for the transaction of business.
B.
Meetings of the Architectural and Historic Review
Board shall be held at such time as the Board may determine, or at
the call of the Chairman, and must be held within 30 days of receipt
of a complete application for a certificate of appropriateness from
the Board. All meetings of the Board shall be open to the public and
shall be advertised in the official Village newspaper at least five
days prior to the meeting if such meeting is not held upon a regularly
scheduled meeting night.
[Amended 10-4-2011 by L.L. No. 5-2011]
C.
The Board shall keep minutes of its proceedings and
show the vote of each member upon any question. It shall also keep
records of its examinations and official actions.
D.
The Board may retain a professional architect with
knowledge and experience of historic buildings to assist it in carrying
out its duties, subject to approval of the Board of Trustees and within
budgetary appropriations.
[Amended 10-4-2011 by L.L. No. 5-2011]
E.
Appropriate markers may be designed for use by the
owners of designated structures by the Architectural and Historic
Review Board.
F.
For the purposes of this chapter, "designated structures"
and "designated districts" shall mean those structures and districts
listed on the National Register of Historic Places, or any historic
building, structure or site or prehistoric site that has been proposed
by the Committee on the Registers for consideration by the New York
State Board of Historic Preservation for a recommendation to the State
Historic Offices for nomination for inclusion in said National Register.
G.
The
Board may undertake the survey and study of neighborhoods, areas,
sites, places, buildings and structures that have historic, architectural,
cultural or aesthetic value. Pursuant to such study and survey, the
Board may propose regulations, special conditions and restrictions
to the Village Board of Trustees, including recommendations for nomination
to the National Register of Historic Places, as may be appropriate
to serve the purposes of this chapter.
[Added 10-17-2023 by L.L.
No. 3-2023]
H.
The
Board may advise and educate owners of designated structures on current
best practices for the physical and financial aspects of preservation,
renovation, rehabilitation and reuse.
[Added 10-17-2023 by L.L.
No. 3-2023]
[Amended 10-17-2023 by L.L. No. 3-2023]
A.
Any
owner of an affected parcel who desires to repair the exterior of
an existing building or structure on said parcel has the right to
repair with the same material without a certificate of appropriateness.
The Architectural and Historic Review Board shall have no control
over interior changes in any building or structure as long as no evidence
of such change appears on the exterior.
B.
Extensive
change in the exterior design or appearance of an existing building
or structure on an affected parcel or any proposed new construction
on an affected parcel shall require a certificate of appropriateness.
All applications for such a certificate shall be reviewed and decided
upon by the Architectural and Historic Review Board. All applications
shall be sufficiently detailed to show that proposed changes, additions,
removals or new construction will be in harmony with the existing
designated building, structure or district.
C.
New
structures or extensive change in the exterior design of appearance
of existing buildings or structures on any parcel within line of sight
of an affected parcel shall not require a certificate of appropriateness,
but shall instead be referred to the Architectural and Historic Review
Board for review recommendations. Such recommendations shall be advisory
in nature and nonbinding.
D.
Owners desiring to make alterations to an existing building or structure on an affected parcel shall design such alterations only in a manner consistent with the design criteria listed in § 6-6 (Design criteria for Board decisions and recommendations) as is reviewed and approved by the Board.
E.
New structures proposed on an affected parcel shall harmonize with the general character of the community and shall be designed in a manner consistent with the design criteria listed in § 6-6 as is reviewed and approved by the Board. Notwithstanding the above, no new structure shall be required to be a copy of any particular style or architectural period.
F.
Nothing
herein contained shall be construed to require the owner of any presently
existing building or structure on an affected parcel, which is otherwise
maintained in conformity with the law, to make any change in the exterior
design or appearance of such structure, nor shall it be construed
to prohibit the use of modern materials, techniques or methods of
construction in the erection of new structures on affected parcels.
G.
Owners
who desire to demolish an existing building or structure on an affected
parcel shall obtain a certificate of appropriateness from the Architectural
and Historic Review Board. After the granting of such a certificate,
a period of 120 days must elapse before a demolition permit can be
issued. Anyone who desires to save the structure by suitable means
may have this time to determine a fair price by appraisal and to locate
a purchaser who will agree not to raze the structure.
H.
Consideration
of tax abatement or reduction in assessment may be recommended to
the Board of Trustees and used to promote preservation when justified
in the opinion of the Architectural and Historic Review Board.
[Amended 10-17-2023 by L.L. No. 3-2023]
Any building permit application or site plan application involving
new construction on an affected parcel or extensive changes to the
exterior design or appearance of an existing building or structure
on an affected parcel shall be referred by the Building Inspector
to the Architectural and Historic Review Board. The Building Inspector
shall not issue a building permit for construction on any affected
parcel unless a certificate of appropriateness has been granted. The
Building Inspector shall not issue a building permit for construction
on any parcel within line of sight of an affected parcel until the
Architectural and Historic Review Board has reviewed the application
and provided nonbinding recommendations. If the Architectural and
Historic Review Board has failed to act on an application within 60
days or such longer interval as agreed to by the applicant, then the
Building Inspector may issue a building permit. In such an instance,
the Building Inspector or Planning Board, when such application requires
Planning Board approval, may implement the design criteria as provided
in this chapter.
[Amended 10-4-2011 by L.L. No. 5-2011; 10-17-2023 by L.L. No. 3-2023]
A.
In
making its decisions, the Board shall consider the following factors:
(1)
The scale of proposed alteration or new construction in relation
to the property itself, surrounding properties and the neighborhood.
(2)
Texture, materials and color and their relation to similar features
of other properties in the neighborhood.
(3)
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 setbacks.
(4)
The importance of historic, architectural or other features to the
significance of the property.
B.
The
Board shall base its recommendations on the Secretary of the Interior's
Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings (current revision), and upon the following generally accepted
principles:
(1)
The distinguishing original qualities, character-defining elements
or overall character of a building, structure, or site and its environment
shall not be destroyed. The removal or alteration of any historical
material or distinctive architectural feature, whether original or
as part of the building's period of significance, shall be avoided
when possible.
(2)
Deteriorated architectural features shall be repaired rather than
replaced whenever possible. In the event replacement is necessary,
the new material should match the material being replaced in composition,
design, color, texture, and other visual qualities. Repair or replacement
of missing architectural features should be based on accurate duplication
of features, substantiated by historic, physical, or pictorial evidence,
rather than on conjectural designs or the availability of different
architectural elements from other buildings or structures.
(3)
All buildings, structures, and sites shall be recognized as products
of their own time. Alterations that are incompatible shall be discouraged.
(4)
Changes that have taken place in the course of time are evidence
of the history and development of a building, structure, or site and
its environment. These changes may have acquired significance in their
own right, and this significance shall be recognized and respected.
(5)
Distinctive stylistic features or examples of skilled craftsmanship
that characterize a building, structure, or site shall be treated
with sensitivity.
(6)
Contemporary design for alterations and additions to existing properties
shall be permitted when such alterations and additions do not destroy
significant historical, architectural, or cultural material, and such
design is compatible with the size, color, scale, material, proportion
and character of the property, neighborhood, and environment.
(7)
The repeated use of identical or nearly identical facades on adjacent
structures shall be discouraged, unless said repetition is part of
the design concept for a group of buildings arranged in a cluster
as approved by the Planning Board.
C.
Design
guidelines. The following design guidelines shall apply to any affected
structures within the Village of Montgomery:
(1)
Building exteriors.
(a)
Wood.
[1]
Historic defining wall features, including clapboards, corner
boards, cornices, quoins, shingles, storefronts and corbelling, shall
be retained whenever possible.
[2]
Original walls shall be repaired when necessary. If a wall feature
needs replacing due to deterioration or damage, the new feature shall
match the original in size, profile, material and texture.
[3]
Paint shall not be applied to wood surfaces that were historically
not painted.
[4]
Covering original wall surfaces with vinyl or aluminum siding
is prohibited.
[5]
Existing siding may be replaced with wood or other material
approved by the Architectural and Historic Review Board. Removal or
covering of existing asbestos siding may be permitted based on the
environmental regulations and cost factors.
[6]
If any high-pressure power washing is contemplated, preapproval
by the Building Inspector is required, and care should be taken to
prevent damage to the underlying structure or architectural features.
(b)
Masonry.
[1]
Character-defining masonry architectural features, including
corbelling, cornices, sills, quoins, foundations and walls, shall
be preserved whenever possible.
[2]
Deteriorated masonry shall be repaired using materials that
match the original in size, texture, color and overall appearance
of the original structure.
[3]
Paint shall not be applied to masonry surfaces that were historically
not painted.
(c)
Sandblasting is not permitted. If any high-pressure power washing
is contemplated, preapproval by the Building Inspector is required,
and care should be taken to prevent damage to the underlying structure
or architectural features.
(d)
Metal.
[1]
Character-defining metal features, including cast iron columns,
metal roofs, gutters, architectural details, gates and hardware, shall
be preserved whenever possible.
[2]
Deteriorated metal shall be repaired rather than replaced. Should
replacement be warranted, new elements shall match the original design,
color, detail and material.
[3]
The protective patina coating on metals such as copper and bronze
shall not be removed.
(e)
Foundations.
[1]
Historic foundations shall be retained and preserved, including
their design, texture, color and materials.
[2]
Historic foundation features, including vents, grills, panels,
piers, lattice, porch steps, basement windows and door openings, shall
be preserved whenever possible.
[3]
Paint shall not be applied to previously unpainted masonry foundations.
If painting is to be applied to previously painted surfaces, the color
should closely match the existing masonry material.
[4]
New foundation openings, including vents or mechanical installations,
may be installed in non-character-defining elevations.
(2)
Windows and doors.
(a)
Historic windows and doors, including frames, trim, sashes, muntins,
mullions, sills, glass, lintels, shutters, and hardware, shall be
retained and preserved whenever possible.
(b)
If replacement of a window or door is necessary, the new unit shall
match the original in size, scale, material, detail, pane and/or panel
configurations.
(c)
Shutters may be installed on historic structures only if the building
would have originally had shutters assembles. New shutters shall be
made of wood and have the appearance of being operational. The inner
edge of shutters should be aligned with the sash edge and overlay
the window casing instead of being installed outboard of the window
casing.
(d)
Metal storm windows with painted or baked enamel finishes are acceptable.
Where new metal storm windows are installed, they should match the
color of the window sash.
(e)
Storm doors shall be full-view glass doors and have a finish matching
the door, trim color or louvered full-length shutters that are operational.
(f)
Introduction of new windows or door openings is strongly discouraged.
If permitted by the Board, they should proportionally match existing
openings and have the same sash, glass, sills, frames, casings and
muntin patterns of the existing windows.
(g)
Window sashes, panes, muntins and rails shall not be replaced with
those incompatible in size, configuration, and reflective qualities
or alter the relationship between the depth of the window and wall
plane.
(h)
Permanently filling or covering window or door openings must conform
to the architectural integrity of the structure and, where possible,
the opening shall be retained on the interior or exterior of the wall
to preserve its historic existence.
(i)
Canvas awnings may be installed over windows and doors if they are
historically appropriate. Awnings shall fit within the scale of the
window and shall not have a tightly wrapped valance; the valance shall
be loose-hanging and may have a decorative edge.
(j)
Exterior muntins must be raised on windows and doors. Ideally, they
should be a through-muntin, however a muntin that has three components
is acceptable (exterior, interior and between glazing).
(3)
Roofs and downspouts.
(a)
Historical roofs and roofing materials, including design, shape,
pitch and line, shall be retained and preserved whenever possible.
(b)
Character-defining elements of historical roofs shall be retained,
including dormer windows, chimneys, turrets, cupolas, and parapet
walls. Eave overhangs, mouldings, trim, and soffit boards should also
be retained and preserved. Original materials should be preserved
whenever possible.
(c)
Changing the historical character of a building by adding roof elements
that are not historically accurate is prohibited. This includes dormer
windows, vents or sky lights visible from the public right-of-way.
However, when installed for energy efficiency purposes, alterations
will receive consideration. Exterior vents, when necessary for moisture
release, must not be visible from the public right-of-way.
(d)
Roof ventilators and other mechanical items shall be placed on rear
slopes or other locations not easily visible from public right-of-way.
(e)
Built-in "Yankee" or box-style gutters shall be repaired rather than
be replaced.
(f)
Installation of new gutters and downspouts shall be done in a manner
that does not damage any architectural feature. K-style gutters are
discouraged and half-round gutters are preferred. Enlarging the size
of gutters due to climate change is an acceptable alteration.
(4)
Porches and entryways.
(a)
Historic entryways and porches shall be retained and preserved, including
steps, columns, balustrades, doors, railings, brackets, roofs, cornices
and entablatures.
(b)
If replacement of a porch element is necessary, repair or replace
only the deteriorated or missing detail with new materials that match
the design of the original as closely as possible. Deteriorated porch
flooring may be replaced with wood or other material approved by the
Architectural and Historic Review Board.
(c)
Reconstruction of missing or extensively deteriorated porches is
permitted. If adequate documentation is not available, a new design
may be approved if compatible with the style and period of the building.
(d)
Enclosure of porches on primary elevations are prohibited. Porches
on rear elevations not seen from public right-of-way may be screened
or enclosed as long as it can be installed or removed without damage
to the historical structure.
(e)
The installation of temporary features to aid the handicapped and
disabled is permitted. Whenever possible, any handicapped-accessible
features should be added to a non-character-defining elevation and
designed so that they can be installed or removed without damaging
the historical structure.
(f)
Paint schemes that are most appropriate to the architectural style
and period of the structure are recommended. Example: Victorian colors
for a Victorian structure, Colonial colors for Colonial structures,
etc. Colors chosen from the "historical color collection" of most
major paint brands are generally acceptable.
(g)
Painting architectural details such as trim, brackets, corner boards,
and mouldings a contrasting color than the body is recommended for
the purpose of accentuating these details as would be appropriate
for the period of significance of the structure.
(h)
Use of pressure-treated wood for decorative elements (i.e., balustrades,
railings, cornices) is discouraged, unless painted using approved
paint colors.
(5)
Architectural details.
(a)
Original architectural components and details shall be retained whenever
possible.
(b)
When architectural components or details must be replaced, the new
components and details shall match the historical elements as closely
as possible in style, proportion, and material.
(c)
Architectural components or details that are not appropriate to the
historical character of the structure shall not be added without physical
evidence that they historically existed.
(d)
Historical architectural components shall not be replaced with materials
such as plywood, vinyl and aluminum that would not have been available
and used in the original construction.
(e)
Architectural details shall not be covered or obscured by artificial
sidings of any kind.
(6)
Storefronts.
(a)
Commercial storefront details, including display windows, recessed
entryways, doors, transoms, corner posts, columns and other decorative
features, shall be retained and preserved whenever possible.
(b)
Historic materials, including wood, stone, architectural metal and
cast iron, shall be retained and preserved whenever possible.
(c)
If replacement of deteriorated storefront or storefront feature is
required, the deteriorated element may be replaced to match the original
size, scale, proportion, material, texture and detail.
(d)
Adding new material which detracts from the historical and architectural
character of the building is prohibited, Example: mirrored glass.
(e)
Altering a storefront so that it appears as an office or residence,
or use other than commercial, is prohibited. Altering a residence
so that it appears as a storefront is also prohibited.
(7)
Storefront upper arcades.
(a)
Historic arcades and their architectural features, such as brick
corbelling, decorative terra cotta, parapets, ornamental hoods, brick
and stone string columns, cornices, fascias and other facade elements,
shall be retained and preserved whenever possible.
(b)
Historic materials shall be retained and preserved whenever possible,
including wood, stone, terra cotta, architectural metal and cast iron.
(c)
Covering of architectural details or entire facades with nonhistoric
materials is prohibited.
(d)
If replacement of upper facade element is necessary, it should be
replaced with elements that match the original in size, scale, design,
proportion, detail, appearance, and material, if possible.
(e)
Original windows of upper facades shall not be covered up or bricked
in and shall retain their original size. Where original window openings
have been replaced, new windows should go back to the original size
and configuration based on the period of significance of the structure,
provided they comply with current fire and building codes.
(f)
Original windows on upper floors that are located on rear or non-character-defining
areas may be replaced with vinyl-clad windows that match the design,
size and proportions of original.
(8)
Outbuildings and accessory structures.
(a)
Existing outbuildings and accessory structures which have historical
significance shall be retained and preserved whenever possible.
(b)
Architectural elements of historic outbuildings, such as roofs, siding,
material, windows and doors, foundations and character-defining detailing,
shall be retained and preserved.
(c)
If replacement of an element on a historic outbuilding is necessary,
replace only the deteriorated portion to match the original in material,
size, proportion, texture and detailing. Upon good cause shown (hardship),
outbuildings may be resided with materials other than original materials.
(d)
Designs for new outbuildings and accessory structures shall complement
the architectural style and period of the primary structure.
(e)
New outbuildings shall be located in rear yards if possible.
(f)
New outbuildings shall be proportionally the same size and height
as seen in relationship between other primary and secondary structures
in the district.
(9)
Streetscape and site improvements. The following design guidelines
shall apply to any streetscape and site improvements installed on
affected parcels in the Village of Montgomery:
(a)
Landscaping.
[1]
Significant and character-defining vegetation, including mature
trees, hedges, shrubs, and ground cover, shall be retained and preserved
whenever possible.
[2]
Historical site features such as walkways, walls, formal and
informal gardens, fountains, and trellises shall be retained whenever
possible.
(c)
Fences and walls.
[1]
Historic fences and walls shall be retained and preserved whenever
possible, including gates, hardware, cast or wrought iron details,
ornamental pickets, etc.
[2]
Chain-link fences shall be prohibited.
[3]
Deteriorated fences and wall elements should be repaired rather
than replaced. New elements shall match the original in material,
texture, and design.
[4]
New fences and walls should be of a design that is appropriate
to the architectural style and period of the historical structure.
[5]
Front yard fences shall be of an open design, such as picket,
and no greater than four feet in height. The use of privacy, split-rail,
basket weave, lattice and shadowbox fencing in front yard is prohibited.
[6]
Masonry walls that were historically unpainted should not be
painted. Repainting previously painted masonry walls is permitted.
[7]
Retaining walls, when visible from a public right-of-way, shall
be constructed of brick or stone. Landscape timbers and railroad ties
may be used when they are not visible from the public right-of-way.
(10)
Residential and commercial signage. The following design guidelines
shall apply to residential and commercial signage installed on any
affected structure in the Village of Montgomery:
(a)
All residential and commercial signage requires a sign permit from the building inspector and must comply with § 122-33 of the Village Zoning Law. The building inspector shall not issue a sign permit for such signs without approval from the Architectural and Historic Review for materials and sign style.
(b)
Each business is allowed a maximum of two sign styles. Permitted
sign styles include flush-mounted signs, projection signs (also known
as overhanging or blade signs), pole-mounted signs and A-frame (sandwich
board) signs.
(c)
Some signage has gained historical significance in its own right.
Such historical signage should be retained and preserved wherever
possible.
(d)
The size, scale, location, style and material of signage shall
be compatible with the architecture of the historic buildings and
character of the district, and shall not cover more than 25% of the
window area.
(e)
Signs attached to an historic structure shall be mounted so
that no significant architectural feature is concealed or damaged.
(f)
Flush-mounted wall signs on buildings shall be located on the
wall space above the store front if possible, or over a portion of
transom windows, as long as it does not conceal the presence of the
transom windows.
(g)
Historic sign materials such as wood, metal, masonry, or a composite
of these materials are preferred. Raised lettering is preferred though
not required, and the colors of the sign shall complement the storefront.
Light letters on a dark signboard are most readable and preferred.
Pure white letters should be avoided.
(h)
Internally illuminated box signs are prohibited. Neon signs
are permitted, but they shall not exceed one neon sign per business.
Gooseneck lighting is the preferred type of lighting to illuminate
signage.
(i)
Freestanding post signs are recommended for residential structures
that serve a commercial function. However, the size of the sign shall
be limited so that it does not obscure the building or disrupt patterns
of facades or yards.
(j)
Signs mounted on residential buildings, including those that
serve a commercial function, shall be limited to six square feet of
identification panels installed at the primary entrance.
D.
New
construction. The following design guidelines shall apply to any new
construction on affected parcels in the Village of Montgomery:
(1)
Residential construction.
(a)
Height and setbacks. The height of new homes shall be compatible
with other residential building in the district. New homes shall not
be set farther back than an average of its neighbors along the same
block face, unless prohibited by the Zoning Code.
(b)
Design and orientation. The design of a new home shall not attempt
to create a false historic appearance, but rather complement the existing
district. Main entrances shall be clearly evident and shall be oriented
toward the sidewalk and street. If possible, new buildings shall include
a front porch or portico.
(c)
Architectural details. Architectural details such as cornices, trim,
windows and doors shall reflect the scale of buildings in the existing
historic district. The fenestration of a new structure shall reflect
that of existing historic structures within the district (typically
taller and narrower than a standard window) and be compatible in proportion,
shape, location, pattern and size. Roof forms shall relate to neighboring
buildings in form and material.
(d)
Materials. New homes within the district shall be built with materials
approved by the Architectural and Historic Review Board. Modern materials,
if used, should be similar in appearance and texture to traditional
materials.
(e)
Landscaping. When undertaking new construction, significant trees
(those with trunks measuring more than eight inches in diameter) and
vegetation shall be preserved whenever possible.
(f)
Additions. Additions to existing historic structures shall be located
to the rear or non-character-defining elevation and shall be placed
in a manner that they are not seen from the public right-of-way. New
additions shall not remove, damage, or obscure character-defining
architectural features and shall be compatible in materials, design,
roof form, and proportion to the main structure.
(g)
Decks. New decks shall be designed and constructed so that the historic
structure and its character-defining features and details are not
damaged or obscured and they can be removed in the future without
damage to the structure. If feasible, decks shall not be visible from
the public right-of-way. The design and detail of decks and associated
railings and steps shall reflect materials, scale, and proportions
of the building. Decks may be constructed with pressure-treated wood
or other material approved by the Architectural and Historic Review
Board. Wooden decks shall be painted or stained in a color that is
compatible with the historic structure and district.
(h)
No roof-mounted or ground-mounted solar energy collector panels may
be constructed or installed on any affected structure.
(2)
Commercial construction.
(a)
Height and scale. New construction shall be compatible with any preexisting
building patterns found in adjacent or nearby buildings with regards
to massing, height, scale, form and setbacks. The height of new buildings
should attempt to coordinate common heights and facade lines with
neighboring buildings. In cases where there is a sharp contrast between
the massing, height, scale, form or setbacks of immediately adjacent
buildings, compatibility with the adjacent buildings of a smaller
scale is generally preferred, and a transitional buffer around existing
historic properties may be requested by the Architectural and Historic
Review Board.
(b)
Setbacks. Whenever possible, new structures should be located close
to the minimum setback to establish or maintain a defined street edge.
(c)
Design and orientation. The building's primary facade should
be sited parallel to the street. Buildings shall be oriented to ensure
good sight lines for vehicular and pedestrian traffic. The primary
entry on all new construction shall be easily identified, scaled appropriately
to the size of the building and face the street.
(d)
Architectural details. New construction shall contain architectural
design features that complement the Village's existing historic
architecture. The use of columns, cornices, clock towers, turrets,
and covered entry features are encouraged, where appropriate. Air
handling units, condensers, satellite dishes and other equipment placed
on roofs must be set back, screened from view or disguised with a
permanent architectural feature so as not to be readily visible from
the public right-of-way.
(e)
Windows and roofs. Fenestration shall reflect that of existing historic
structures within the Village and be compatible in proportion, shape,
location, pattern and size. Roof forms shall relate to neighboring
buildings in form and material whenever possible. Windows shall relate
to the overall scale of the building and shall include a casing whenever
possible.
(f)
Building materials. New construction shall utilize quality materials
and colors that are compatible with those found in existing buildings.
The context of the historic nature of the area shall be considered
when choosing materials and colors. Natural building materials such
as brick, stone, and wood are encouraged, and natural colors selected
from a historic paint palette are preferred.
(g)
Landscaping. When undertaking new construction on an undeveloped
site, significant trees and vegetation shall be preserved whenever
possible. Natural landscaping, rather than large parking areas, should
dominate the streetscape. Landscaping shall be sited and designed
in a manner that will help maintain and reinforce a consistent street
wall in areas where there are no building facades.
(h)
Parking areas. The preferred location for main parking areas is at
the side and/or rear of the building. Locating main parking areas
between the building and the street should be avoided to lessen the
visual impact of parking areas within the streetscape. Where parking
areas are visible from the street, buffer landscaping and architectural
screening features shall be provided, such as tree planting, berms,
low walls, decorative fencing and/or hedging.
(i)
Loading, service, storage and refuse areas. Loading, service, storage
and refuse areas are fundamental components to any commercial or industrial
building. However, these areas detract from the streetscape when they
are exposed to public view. These facilities shall be oriented away
from, and not visible from, the street and shall be adequately screened
by a combination of fencing, walls and/or landscaping.
(j)
Site lighting shall be configured to minimize any impacts on adjacent
or nearby residential buildings. Site lighting shall be directed downward
and inward and be night-sky compliant. Uplighting may be permissible
in instances where it is designed to highlight landscaping or architectural
features. Lighting design plans for parking areas should be organized
to avoid a clutter of light standards, particularly where these are
highly visible from the public right-of-way. Where site lighting abuts
a public street, it should relate in size, scale, design and location
to the surrounding public streetscape.
[Added 10-4-2011 by L.L. No. 5-2011]
A.
Any applicant
for a proposed alteration to a designated structure who believes that
strict compliance with the historic district guidelines will make
repairs cost-prohibitive may apply to the Board for relief from such
strict compliance on the ground of economic hardship.
B.
In order
to prove the existence of hardship, the applicant must establish,
by competent financial evidence, that:
[Amended 10-4-2011 by L.L. No. 5-2011]
Any person aggrieved by a decision of the Architectural and
Historic Review Board relating to the granting, modification or denial
of a certificate of appropriateness may, within 30 days of the filing
of the decision in the Village Clerk's office, file a written appeal
to the Board of Trustees for review of said decision.
[Added 10-4-2011 by L.L. No. 5-2011[1]]
Nothing contained in this chapter shall be construed to make
it unlawful for any person, without prior issuance of a certificate
of appropriateness, to comply with the order or direction of the Building
Inspector, Fire Inspector, any court of law or the Board of Trustees,
where the alteration, demolition, relocation or removal of a building
is ordered or directed for the purpose of immediately remedying conditions
determined to be a danger to life, health or property.
Each of the foregoing provisions of this chapter
has been adopted in an endeavor to preserve and extend the public
welfare by preserving the characteristics of historic and/or architecturally
significant structures or districts. In the event that any portion
of this chapter shall be determined invalid, such determination shall
not affect or result in the invalidity of any other provision contained
in this chapter.
In the event that any of the provisions of this
chapter shall be in conflict with the provisions of any other local
law in the Village of Montgomery, the provisions of this chapter shall
control.
