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.
CERTIFICATE OF HISTORIC REVIEW
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.
CHANGE OF APPEARANCE
One or more of the following actions:
A.
Change or reconstruction or alteration of the size or external
appearance of a structure or memorial, including siding and repainting.
B.
Demolition of a structure or memorial.
C.
Commencement of or change in the location of advertising on
the external part of any structure or land in an historic district
or area.
HISTORIC ADVISORY COMMITTEE
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.
HISTORIC DISTRICT OR AREA
An area which contains improvements which:
A.
Have special character or special or aesthetic interest or value;
B.
Represent one or more periods or styles of architecture, typical
of one or more eras in the history of the Town of Dickinson; and
C.
Cause such an area, by reason of such factors, to be a visibly
perceptible and definable section of the Town.
LANDMARK
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:
A.
An outstanding example of a structure or memorial representative
of its area;
B.
One of the few remaining examples of a past architectural style
or combination of styles;
C.
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
D.
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.
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.
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.