[HISTORY: Adopted by the Town Board of the Town of Dickinson 7-8-2002 by L.L. No.
6-2002 (Ch. 76 of the 1983 Code). Amendments noted
where applicable.]
The purpose and intent of this chapter is to:
A.
Promote the education and cultural, economic and general welfare
of the public through the protection, enhancement and perpetuation
of landmarks and districts of historic and cultural significance.
B.
Safeguard the heritage of the Town of Dickinson by preserving and
promoting, for the education, pleasure and welfare of its residents,
districts, areas and landmarks which reflect periods of its cultural,
social, economic, political, artistic and architectural history.
C.
Stabilize and improve property values.
D.
Foster civic pride in the legacy of physical, social and artistic
achievements of the past.
E.
Protect and enhance the Town's attraction to tourists and visitors
and provide a stimulus to new business.
For purposes of this chapter, certain words and terms are defined
herein. Except where specifically defined herein, all words used in
this chapter shall carry their customary meanings.
A certificate issued by the Town Board that indicates the
Board has reviewed and approved or approved with modifications any
proposal to make any alteration to the appearance of a landmark, structure,
memorial, statue or site within an historic district or area as may
be delineated on the Zoning Map described herein.
One or more of the following actions:
Change or reconstruction or alteration of the size or external
appearance of a structure or memorial, including siding and repainting.
Demolition of a structure or memorial.
Commencement of or change in the location of advertising on
the external part of any structure or land in an historic district
or area.
A minimum of three members appointed by, and serving at the
pleasure of, the Supervisor of the Town of Dickinson to review and
make recommendations on all proposed landmarks and districts as well
as certificates of historic review applications to the Town Board.
Members of such advisory committee could include the Town of Dickinson
Historian, professional engineers, architects, contractors or planners,
and citizens interested in architecture or preservation.
An area which contains improvements which:
Have special character or special or aesthetic interest or value;
Represent one or more periods or styles of architecture, typical
of one or more eras in the history of the Town of Dickinson; and
Cause such an area, by reason of such factors, to be a visibly
perceptible and definable section of the Town.
One or more structures, memorials or sites, including the
adjacent areas necessary for the appreciation of the landmark, deemed
worthy of preservation by virtue of their value to the Town as:
An outstanding example of a structure or memorial representative
of its area;
One of the few remaining examples of a past architectural style
or combination of styles;
A place where an historical event of significance to the Town,
region, state or nation or representative activity of the past era
took place; or
A structure, memorial or site which has a special character,
special aesthetic interest and value as part of the development, heritage
and cultural characteristic of the Town of Dickinson.
The Town Board of the Town of Dickinson shall act as the Historic
Review Board for the purposes of this chapter. In making its review
and determination, the Town Board shall consult with the Historic
Advisory Committee.
A.
Identification of landmarks and districts. The Town Board may identify
and define landmarks and areas of historic and cultural significance
in the Town in accordance with the following procedure:
(1)
Background information providing historical or cultural justification for the landmark or historic area and its boundaries shall be gathered as specified in § 324-2, definitions of "historic district or area" and "landmark." This may include comments from the State Historic Preservation Officer as to the significance of the proposed district. This information should be provided by the owner or applicant of a proposed historic property or the Historic Advisory Committee.
(2)
A duly advertised public hearing shall be held by the Town Board.
All owners of property composing the landmark or within the proposed
historic area shall be notified in writing, as least five business
days in advance of the time, place and purpose of the hearing.
(3)
If the owner of a proposed landmark, or a majority of the owners
of properties within a proposed historic area, object to the designation
of the property(ies) as a landmark or historic area, a 3/4 vote in
favor of the proposal by the Town Board shall be required for approval
of said designation.
(4)
Within 30 days of the public hearing, the Historic Advisory Committee
shall submit a report and recommendation on the proposed landmark
or historic area for the Board's review.
(5)
Within 30 days from receipt of such report and recommendation from
the Advisory Committee, the Town Board shall approve or disapprove
the proposal or refer it back to the Advisory Board for additional
consideration.
B.
Alteration or construction. After the date of the Town Board approval
of a designated landmark or historical area, no substantial material
change in the exterior appearance or location of any public or private
landmark, structure, memorial, statue or site within the designated
area shall be permitted until a certificate of historic review has
been obtained from the Enforcement Officer. No building permit will
be issued unless a certificate of historic review has first been issued
by the Town Board.
C.
Demolition. Demolition of landmarks or structures located within
a designated historic area shall not be permitted until such demolition
proposal has been reviewed by the Town Board and a report of the architectural
or historic significance of the structure or landmark to be demolished
has been made by the Advisory Committee. The Town Board shall have
30 days to review the report, at the end of which thirty-day period
the Board shall make a determination of approval or disapproval of
demolition.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature in the
district that does not involve a change in design or the outward appearance
thereof. Nothing in this chapter shall be construed to prevent the
construction, reconstruction, alteration or demolition of any exterior
architectural feature that the Code Enforcement Officer shall determine
(certify) is required by public safety because of dangerous or unsafe
conditions.
A.
Notwithstanding any inconsistent local law, code or regulation concerning
the issuance of building permits, no action which would result in
a change in any exterior architectural facade or feature in a designated
historic area shall be commenced nor shall any building permit for
such change be issued until a certificate of historic review has been
issued by the Historic Review Board. The certificate of historic review
required by this section may not be substituted for the normal building
or use permit required by any other article, code or regulation of
the Town of Dickinson.
B.
Application for a certificate of historic review shall be made in
writing on forms available from the Enforcement Officer and shall
contain the following information:
(1)
The name, address and telephone number of the applicant.
(2)
The location of the building, structure or site that is to have its
exterior facade or architectural features changed.
(3)
Description of proposed changes and materials to be used.
(4)
Where the proposed change includes a sign or lettering, a scale drawing
showing lettering type, colors and sign dimensions and location and
any illumination proposed.
(5)
Any other graphic material or plans that will explain the proposal.
C.
The Enforcement Officer shall receive an application for a certificate
of historic review and immediately transmit such application to the
Town Supervisor and Chair of the Historic Advisory Committee along
with all supporting information.
D.
The Town Board shall, at its next regular meeting, review and discuss
the application and report of the Advisory Committee with the applicant
or a representative. A special meeting of the Board may be called,
if necessary, to expedite the review process.
E.
In its discussion with the applicant, the Town Board shall consider
the appropriateness of the proposal, including the architectural style,
general design, material or exterior architectural feature involved
and the relationship thereof to the facades or exterior architectural
features of other structures in the immediate neighborhood.
F.
Within 20 working days from the meeting date at which such application
is discussed, or some later date if mutually agreed upon, the Town
Board shall prepare a report and determination of approval/disapproval
on such application. If the application is approved, the Board shall
issue a certificate of historic review.
G.
Upon receipt of the certificate of historic review from the Town
Board, the Enforcement Officer shall file such certificate and issue
a building permit, if all other applicable articles, codes and regulations
have also been complied with. If no certificate of historic review
is issued, no building permit may be issued.
An applicant whose application for a certificate of historic
review has been denied may apply for relief from landmark designation
on the grounds that designation is working a hardship upon the applicant.
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 that return represents the most profitable return possible;
B.
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
C.
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
A.
After receiving written notification from the Town Board of the denial
of a certificate of historic review, 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 Town Board must 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 Town Board, Advisory
Committee 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 must be in writing. A copy must be sent
to the applicant by registered mail and a copy filed with the Town
Clerk's office for public inspection. The Board's decision shall state
the reasons for granting or denying the hardship application.
