[HISTORY: Adopted by the Board of Trustees of the Village
of Bath 10-20-2008 by L.L. No. 4-2008. Amendments noted where applicable.]
It is hereby declared as a matter of public policy that the
protection, enhancement and perpetuation of landmarks and historic
districts are 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 Bath has many
significant historic, architectural and cultural resources, which
constitute its heritage, this chapter is intended to:
[Amended 4-21-2014 by L.L. No. 7-2014]
A.
Membership.
[Amended 8-19-2019 by L.L. No. 3-2019]
(1)
The Village of Bath Historic Preservation Commission shall consist
of seven members who are residents of Steuben County. Each member
shall be appointed by the Mayor.
(2)
It is preferred, but not required, that at least one member is experienced
in building trades; at least one member is a historian; at least one
member is a representative of the historic district; and at least
one member has demonstrated significant interest in and commitment
to the field of historic preservation, evidenced either by involvement
in a local historic preservation group, employment or volunteer activity
in the field of historic preservation or other serious interest in
the field.
(3)
All members shall have an interest in historic preservation and architectural
development within the Village of Bath.
B.
The Chairman and Vice Chairman of the Commission shall be elected
by and from among the members of the Commission.
C.
The powers of the Commission shall include:
(1)
Promulgation of rules and regulations as necessary to carry out the
duties of the Commission;
(2)
Adoption of criteria for the identification of significant historic,
architectural, and cultural landmarks and for the delineation of historic
districts;
(3)
Conduct of surveys of significant historic, architectural, and cultural
landmarks and historic districts within the Village of Bath;
(4)
Designation of identified structures or resources as landmarks and
historic districts;
(5)
Acceptance on behalf of the Village of Bath government of the donation
of facade easements and development rights and the making of recommendations
to the Village of Bath government concerning the acquisition of facade
easements or other interests in real property as necessary to carry
out the purposes of this chapter;
(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 Village of Bath government concerning the
utilization of state, federal or private funds to promote the preservation
of landmarks and historic districts within the Village of Bath;
(8)
Recommendations of acquisition of a landmark structure by the Village
government where its preservation is essential to the purposes of
this chapter and where private preservation is not feasible; and
(9)
Approval or disapproval of applications for certificates of appropriateness
pursuant to this chapter.
D.
The Commission shall meet as needed, but meetings may be held at
any time on the written request of any two of the Commission members
or on the call of the Chairman or the Mayor.
E.
A quorum for the transaction of business shall consist of four of
the Commission's members, but not less than a majority of the
full authorized membership may grant or deny a certificate of appropriateness.
A.
The Commission may designate an individual property as a landmark
or historic building if it:
[Amended 3-22-2011 by L.L. No. 2-2011; 4-21-2014 by L.L. No. 7-2014]
(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; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an architectural style;
or
(4)
Is the work of a designer whose work has significantly influenced
an age; or
(5)
Because of unique location or singular physical characteristic, represents
an established and familiar visual feature of the neighborhood.
B.
Historic districts.
(1)
The Commission may designate a group of properties as an historic
district if requested by property owners:
[Amended 4-21-2014 by L.L. No. 7-2014]
(2)
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.
C.
Notice of a proposed designation shall be sent by registered mail
to the owner of the property proposed for designation, describing
the property and announcing a public hearing by the Commission 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 30 days prior to the date of the public hearing. Once the Commission
has issued notice of a proposed designation, no building permits shall
be issued by the Building Inspector until the Commission has made
its decision.
[Amended 4-21-2014 by L.L. No. 7-2014]
D.
The Commission shall hold a public hearing prior to designation of
any landmark, historic building or historic district. The Commission,
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, historic building or historic district. The record may also
contain staff reports, public comments, or other evidence offered
outside of the hearing.
[Amended 4-21-2014 by L.L. No. 7-2014]
E.
The Commission shall forward notice of each property designated as
a landmark, historic building and the boundaries of each designated
historic district to the office of the Steuben County Clerk for recording.[1]
[Amended 4-21-2014 by L.L. No. 7-2014]
[1]
Editor's Note: Former Subsection F, regarding property approved
under federal law for recognition as or designation to the National
Register of Historic Places, which immediately followed this subsection,
was repealed 1-17-2017 by L.L. No. 2-2017.
[Amended 4-21-2014 by L.L. No. 7-2014; 8-17-2015 by L.L. No. 6-2015]
No person 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 light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements which affects the appearance and cohesiveness of the landmark
or historic district, without first obtaining a certificate of appropriateness
from the Historic Preservation Commission and a permit from the Code
Enforcement Officer. The owner of any landmark or property within
a historic district shall inform any tenant, renter, contractor or
prospective buyer of said landmark designation or that said property
is in a historic district and that a certificate of appropriateness
under this chapter may be required for any alteration, restoration,
reconstruction, demolition or new construction to such landmark or
property or for the moving of a landmark or property, or any part
thereof.
[Amended 4-21-2014 by L.L. No. 7-2014]
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to
interior spaces. The Commission's decision shall be based on
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; and
(3)
New construction shall be compatible with the historic district.
B.
In applying the principle of compatibility, the Commission 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 district;
(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; and
(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
appropriateness, the owner shall file an application for such a certificate
with the Historic Preservation Commission. The application shall contain:
[Amended 4-21-2014 by L.L. No. 7-2014]
(1)
Name, address and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Elevation drawings of proposed changes, if available;
(4)
Perspective drawings, including relationship to adjacent properties,
if available;
(5)
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; and
(6)
Any other information which the Commission 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 appropriateness has first been issued by the Historic
Preservation Commission. The certificate of appropriateness required
by this chapter shall be in addition to and not in lieu of any building
permit that may be required by any other law of the Village of Bath.
[Amended 4-21-2014 by L.L. No. 7-2014]
C.
The Commission shall approve, deny or approve the permit with modifications
within 30 days from receipt of the completed application. The Commission
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.
[Amended 4-21-2014 by L.L. No. 7-2014]
D.
All decisions of the Commission 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 Commission's
decision shall state the reasons for denying or modifying any application.
[Amended 4-21-2014 by L.L. No. 7-2014]
E.
Certificates of appropriateness shall be valid for 12 months, after
which the owner must reapply if he still wishes to undertake work
on the property.
An applicant whose certificate of appropriateness for a proposed
alteration 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 the property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible.
[Amended 4-21-2014 by L.L. No. 7-2014]
A.
After receiving written notification from the Commission 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 Commission makes a finding that a hardship exists.
B.
The Commission 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 Commission, 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 Commission 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 Commission's
decision shall state the reasons for granting or denying the hardship
application. If the application is granted, the Commission shall approve
only such work as is necessary to alleviate the hardship.
[Amended 4-21-2014 by L.L. No. 7-2014]
All work performed pursuant to a certificate of appropriateness
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 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 Commission, 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 ordinance shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark, historic building or property within a historic district,
which does not involve a change in design, material, or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark, historic building 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
Commission, produce a detrimental effect upon the character of the
historic district as a whole or the life and character of the property
itself. Examples of such deterioration include, but are not limited
to, deterioration of exterior walls or other vertical supports, deterioration
of roofs or other horizontal members, deterioration of exterior chimneys,
deterioration or crumbling of exterior stucco or mortar, 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, and
ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
[Amended 3-22-2011 by L.L. No. 2-2011; 4-21-2014 by L.L. No. 7-2014]
[Added 8-17-2015 by L.L.
No. 6-2015[1]]
A.
Statement of purpose and intent.
(1)
The Board of Trustees finds that the historical character of buildings
in the Village of Bath has a substantial positive impact on property
values, business climate, land use and the general welfare of the
Village's residents, property owners and visitors. Signs have
a substantial effect on the historical character, building use, appearance
and property value, which may be positive or detrimental. It is, therefore,
the intent of this chapter to promote and protect property values,
create a more attractive business climate, enhance and protect the
physical appearance of the community, provide a more enjoyable and
pleasing community and encourage the most appropriate use of the real
property in the Village.
(2)
The purpose of these regulations is to promote signs which are:
(a)
Compatible with surroundings, meaning that every sign shall
be considered as an integral architectural element of the building
and site to which it principally relates.
(b)
Orderly, readable and safe.
(c)
Harmonious with the building to which it relates in terms of
materials, lighting and color (color to be chosen from any historic
color pallet provided by the Historic Preservation Commission. Another
color selection may be approved by the Historic Preservation Commission
on request through the certificate of appropriateness application.)
(d)
Informative to the public but unobtrusive to vehicular and pedestrian
traffic.
B.
Permit required. Except as otherwise provided in this chapter, no
sign shall be erected or altered until a permit has been issued by
the Code Enforcement Officer and a certificate of appropriateness
has been issued by the Historic Preservation Commission.
C.
Removal of abandoned signs. Except for historically significant signs
as approved by the Bath Historic Preservation Commission, any sign
now or hereafter existing which no longer relates to the use conducted,
or a product sold, shall be removed within 30 days of cessation of
the use by the owner, agent, or person having the beneficial use of
the lot upon which such sign may be found.
D.
Window lettering/signs. Window lettering and window signs shall comply
with the following:
(1)
Window lettering sign area. Area of window lettering signs shall
comply with one of the following:
(a)
Multiple signs. A maximum of one window lettering sign is permitted
per window pane or framed window area on the ground floor and shall
not occupy more than 20% of the total transparent glass area of those
windows on the ground floor of that use; or
(b)
Single sign. A maximum of one window lettering sign is permitted
to be installed in only one window pane or framed window area on the
ground floor and shall not occupy more than one square foot per two
linear feet of occupancy frontage on a public street. Such window
lettering shall not exceed 40% of the window area.
(2)
Visual obstruction. Window lettering shall not be situated to form
a major visual obstruction to the display or into the building.
(3)
Temporary interior signs displayed in windows should comply with
above.
E.
Awning signs. Signs printed on, painted on, or attached onto a canopy
or awning shall comply with the following: Valance lettering shall
not exceed 2/3 of the length of the canopy or awning and shall consist
of no more than one line of lettering not exceeding six inches in
height and shall be located on the valance of such canopy or awning.
In addition to the valance lettering described above, an identification
emblem, insignia, or other similar feature may be printed on, painted
on, or attached onto the remaining portion of the canopy or awning,
including the ends of such awning. Such feature shall not exceed 20%
of the total awning area, and the lettering shall not exceed 18 inches
in height. Canopy and awning signs are limited to the ground floor.
Each separate awning as described above shall be considered a separate
sign. Awning signs are not permitted on buildings where a facade sign
exists unless such awning contains only valance lettering as described
herein.
F.
Gas-filled tubes. Except approved by the Bath Historic Preservation
Committee as being compatible with the building's historic and
architectural character, visible gas-filled tubes or other sign that
utilizes bare light sources, including neon or fluorescent, shall
not be permitted.
G.
Sandwich boards. Sandwich boards are permitted for nonresidential
uses located on the first floor only. Maximum sign area per face should
not exceed 10 square feet, should be maximum 40 inches to the top,
and letter size should be no larger than eight inches. Sandwich boards
are only permitted where the sidewalk exceeds eight feet in width
and shall be located within four feet of the curb.
H.
Projecting signs.
(1)
A projecting sign as it relates to all properties in the Historic
District zones shall have a clearance of not less than seven feet
above grade to the bottom of such sign and a maximum height of 15
feet to the top. Projecting signs shall not extend horizontally more
than three feet from the plane of the building wall. The mounting
device of such sign shall be permitted to extend an additional six
inches. A projecting sign shall not project over a road.
(2)
Projecting sign perpendicular affixed to the face of a building:
(a)
No portion of the supporting structure of such sign shall project
more than six feet from the face of the building.
(b)
No portion of the sign shall exceed three feet in height.
(c)
Such sign shall provide at least eight feet in clearance between
grade level and the lowest portion of the sign and/or its supporting
structure.
(d)
Such sign shall not exceed 18 square feet in area.
I.
Application for permits. The applicant shall submit a completed application
form together with detailed drawings of the proposed sign, including
but not limited to the following information:
(1)
Lettering and/or pictorial matter composing the sign.
(2)
Color of the sign.
(3)
Elevation of the side of the building to which the sign is to be
attached, with the dimensions thereof in the event that the sign is
to be attached to a building.
(4)
Description of the material of which the sign is intended to be constructed.
(5)
Construction and mounting details, including footer size and design,
stamped by a registered design professional in the event New York
State Building Code compliance is required.
(6)
Type, location and intensity of any lighting devices.
(7)
A location plan showing the position of the sign on any building,
structure or land, and its position relative to all adjacent structures,
property lines and any private or public street or highway.
J.
Notice of noncompliance; revocation of permits; costs. In the event
of a violation of any of the foregoing provisions, the Code Enforcement
Officer shall give written notice to the occupant, the owner of the
affected property and the permit holder, which notice shall specify
the violations complained of and the remedial action required removing
the same. In addition, said notice shall advise of the contents of
this section and the right to appeal an administrative decision to
the Zoning Board of Appeals. In the event that the violations are
not corrected within 30 days of the service of a written notice as
aforesaid, the Code Enforcement Officer shall revoke the permit issued
for such sign and shall order that such sign be removed.
A.
Failure to comply with any of the provisions of this chapter shall
be deemed a violation and the violator shall be liable to a fine of
not less than $50 nor more than $100 for each week 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 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.
[Amended 4-21-2014 by L.L. No. 7-2014]
Any person aggrieved by a decision of the Historic Preservation
Commission relating to hardship or a certificate of appropriateness
may, within 30 days of the decision, file a written application with
the Village Board of Trustees for review of the decision. Reviews
shall be conducted based on the same record that was before the Commission
and using the same criteria.
