[Amended 6-14-2011 by L.L. No. 6-2011; 6-13-2017 by L.L. No. 4-2017]
A.
Purpose and findings. The Board of Trustees hereby states the following
purposes and findings:
(1)
That Dobbs Ferry is a village of distinct neighborhoods, each of
which has its own distinct architectural and landscape character related
to the natural environment and historic context in which it was developed
and the values of the people who have lived there over the course
of time.
(2)
That Dobbs Ferry also is possessed of many distinct and unifying
features that transcend particular neighborhoods, including the Hudson
River waterfront, other smaller watercourses, generous open spaces,
tree-lined streets, a traditional downtown and many hillside settings.
(3)
That Dobbs Ferry is home to a large number of long-standing institutions,
the future use and development of which properties could have a substantial
impact on the quality of life in the Village.
(4)
That building and design techniques and preferences have changed
significantly throughout the course of the Village's period of settlement
and are likely to continue to change in the future, thereby posing
continuing challenges to the preservation of the unique attributes
of Dobbs Ferry's neighborhoods and the Village as a whole.
(5)
That Dobbs Ferry has a special responsibility, owing to its location
on the Hudson River waterfront and its many historic resources, to
guide future changes to its physical design and the appearance of
its buildings, structures and landscapes in a manner that preserves
and enhances the Village's traditional appearance, natural features,
historic features, and sense of place.
(6)
That, in light of the above findings, the establishment of an Architectural
and Historic Review Board with the power to review and approve or
disapprove development applications on the basis of objective design
and historic preservation standards, to be set forth in this article,
is in the best interests of the Village and its residents.
(7)
It is the purpose of this chapter to preserve the exterior traditional
appearances of the buildings throughout the Village in the varying
neighborhoods and to promote and protect the health, safety, morals
and general welfare of the community. In addition, the Architectural
and Historic Review Board's purpose is to conserve the value of the
buildings and structures and encourage the most appropriate use of
land within the Village.
B.
Establishment and organization.
[Amended 10-11-2022 by L.L. No. 7-2022]
(1)
There is hereby established in the Village of Dobbs Ferry an Architectural
and Historic Review Board (AHRB) which shall consist of each member
of the Village Planning Board. The term of each member of the Planning
and AHRB shall run concurrently. The Chair of the Planning Board shall
serve as the Chair of the AHRB. The meetings of the AHRB shall be
conducted concurrently with the meetings of the Planning Board. The
AHRB may conduct special meetings as necessary to meet the obligations
of the board. All minutes, records, decisions or other official actions
of the AHRB will be recorded as a component of the Planning Board
records and shall be filed with the Village Clerk and become a public
record.
(2)
All members of the AHRB shall be residents of the Village, and at
least two members shall have particular expertise in architecture,
historic preservation, landscape architecture, urban design, real
estate, building construction, community, and regional planning or
related fields. At least one member shall be a registered architect
in the State of New York, and at least one member shall:
(a)
Possess a degree or certification in historic preservation granted
by an institution of higher education; and/or
(b)
Demonstrate expertise in historic preservation through a history
of employment in the field or in projects involving historic preservation
in a related field such as architecture, construction or planning.
C.
Powers.
(1)
The
Architectural and Historic Review Board has the right to promulgate
and adopt rules and procedures, and amend same from time to time,
as appropriate to the efficient operation of the board, with such
rules and procedures to be memorialized in writing and maintained
among the Village records. As one means to increase efficiency, the
rules and procedures may include the ability to establish subcommittees
of the board, in a number not constituting a quorum, for purposes
of review and report back to the full board for consideration and
action at public meetings of the board.
[Added 10-11-2022 by L.L. No. 7-2022[1]]
[1]
Editor's Note: This local law also renumbered former Subsection
C(1) through (7) as Subsection C(2) through (8), respectively.
(2)
The Architectural and Historic Review Board has the right to refuse
to hear applications that are not compliant with the provisions of
this Code or that are not complete.
(3)
Excessive similarity. The Architectural and Historic Review Board
may disapprove any application for a building permit referred to it
which shall include the construction, reconstruction or alteration
of any building or structure, provided that the Board finds that the
building or structure for which the permit is applied would, if erected
or altered, be so detrimental to the desirability, property values
or development of the surrounding area, consisting of any lot fronting
on the same street within 200 feet of the proposed site, as to provoke
such harmful effects by excessive similarity to any other structure
existing or for which a permit has been issued or to any other structure
included in the same permit application or for which an application
for a permit is pending in respect to one or more of the following
features of exterior design and appearance: apparently identical facade,
identical size and arrangement of either doors, windows, porticos
or other openings or breaks in the facade facing the street, including
reverse arrangement, massing and/or other design elements, provided
that a finding of excessive similarity shall be based upon a preponderance
of evidence as set forth in the minutes.
(4)
Excessive dissimilarity. The Architectural and Historic Review Board may disapprove any application for a building permit referred to it, as provided in Subsection C(2) above, provided that the Board finds that the building or structure for which the permit is applied would, if erected or altered, be so detrimental to the desirability, property values or development of the surrounding area, consisting of any lot fronting on the same street within 200 feet of the proposed site, as to provoke such harmful effects by excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application or for which an application for a permit is pending, in respect to one or more of the following features: massing, cubical content, gross floor area, height or bulk of building or height of roof, or other significant features, such as but not limited to material, provided that a finding of excessive dissimilarity or inappropriateness shall be based upon a preponderance of evidence as set forth in the minutes.
(5)
Limits on ridge height, eave height and sky exposure plane. For any
application in an OF or MDR-1 residential district submitted to the
Architectural and Historic Review Board, the following shall apply:
(a)
Roof ridges shall not exceed a maximum height determined by
multiplying the prevailing ridge height of existing buildings within
the context limit area of the subject lot by 1.25. Existing ridge
heights shall be measured from the average grade along the facade
with the highest grade elevation, and the proposed ridge height shall
also be measured from the average grade along the facade with the
highest grade elevation. Existing buildings with ridge heights excessively
high or excessively low may be omitted from this calculation at the
discretion of the AHRB. Proposed buildings with ridge heights that
do not exceed 28 feet, as measured above, are exempt from this requirement.
Refer to Table B-7.[2]
[2]
Editor's Note: Table B-7 is included as an attachment to this chapter in Appendix B.
(b)
Roof eaves shall not exceed a maximum height determined by multiplying
the prevailing eave height of existing buildings within the context
limit area of the subject lot by 1.15. Eave heights shall be measured
above the facade with the highest grade elevation, and the proposed
eave height shall also be measured from the average grade along the
facade with the highest grade elevation. Existing buildings with eave
heights excessively high or excessively low may be omitted from this
calculation at the discretion of the AHRB. Proposed buildings with
eave heights that do not exceed 22 feet, as measured above, are exempt
from this requirement. Refer to Table B-7.[3]
[3]
Editor's Note: Table B-7 is included as an attachment to this chapter in Appendix B.
(c)
The Architectural and Historic Review Board may omit buildings
from the calculations that it determines are an anomaly within the
context limit area.
(d)
No part of a proposed building may penetrate a plane determined
by projecting a forty-five-degree angle from a height of 10 feet along
a lot line, with the base point of the measurement established as
the average grade between the lot line and the proposed building.
Exceptions to this are chimneys and dormers seven feet or less in
width, not to exceed a total aggregate width of 33% of the overall
length of the building wall below that roof on which the dormers sit.
(e)
A table listing the eave heights and the ridge heights of all
relevant buildings used in determining the prevailing eave and ridge
heights shall be provided with the documents submitted to the Architectural
and Historic Review Board for the application. The table shall show
the prevailing eave height based on the calculation as per Table B-7.[4]
[4]
Editor's Note: Table B-7 is included as an attachment to this chapter in Appendix B.
(f)
Diagrams showing the sky exposure plane relative to the proposed
building shall be included on the drawings submitted for the application
to the Architectural and Historic Review Board.
(g)
For building designs that do not meet the standards of this
article, it is strongly recommended that the applicant submit massing
diagrams that demonstrate why the project cannot comply or why the
deviant design is preferable. The Architectural and Historic Review
Board may require that these diagrams be submitted for its review.
The burden of proof is on the applicant.
(6)
For building designs that do not meet the standards of Village Code § 300-17C(4), the applicant must submit drawings, including massing diagrams that demonstrate why the proposed plan is preferable to the compliant alternative. The applicant must identify and explain the practical difficulties in complying with the Code that may be caused by the specific site or project and why the noncompliant design is preferable. The Architectural and Historic Review Board may modify the limits above to accommodate a proposed building when, upon written request of the applicant, the Architectural and Historic Review Board believes that modifying the limits to accommodate the proposed project will result in a project that is generally consistent with the neighborhood and that does not encroach on neighboring properties. In considering whether to modify the limits of the ridge height, eave height and/or the sky exposure plane, the Architectural and Historic Review Board should consider and balance the following criteria:
[Amended 8-22-2017 by L.L. No. 6-2017]
(a)
The applicant has demonstrated that the proposed building in
terms of size and scale is generally consistent in the context of
the neighboring buildings;
(b)
The project as a whole, with modifications included, remains
generally consistent with the intent of this section which is to ensure
that buildings are not constructed that are out of character with
the neighborhood; and
(c)
The requested modifications are limited in scope and appropriately
designed to address site conditions and neighboring buildings and
only to the extent necessary to deal with site conditions.
(7)
Review of historical appropriateness. With respect to properties deemed to be historic landmarks, scenic landmarks, or contributing properties within designated historic districts pursuant to § 300-43 or otherwise, the Architectural and Historic Review Board shall:
(a)
Evaluate an application for a certificate of appropriateness submitted pursuant to § 300-19; approve, approve with modifications, or deny any proposal for exterior changes to a designated individual landmark or contributing property within a designated historic district resulting from any such application;
(b)
Evaluate an application for a certificate of economic hardship;
approve, approve with modifications, or deny any such application;
(c)
Evaluate an application for a certificate of appropriateness
for demolition, removal or relocation; recommend or deny any such
application to the Board of Trustees;
(d)
Issue certificates of appropriateness and certificates of economic
hardship, as appropriate, following approvals pursuant to the above
provisions;
(e)
Perform other functions that the Village governing Board of
Trustees may designate by local law.
(8)
The Board of Trustees shall be responsible for final review and approval of all applications, including, for example, design review, excessive similarity and dissimilarity, following review and recommendation by the Architectural and Historic Review Board for the following districts: (1) Waterfront (A); (2) Waterfront (B); (3) Chauncey Park; (4) Downtown; and (5) Educational/Institutional District and projects in any zone on property which exceeds one acre. The Board of Trustees may defer said decisionmaking powers to the AHRB at its sole discretion. Where the Board of Trustees retains authority, the AHRB shall recommend approval, approval with modifications or disapproval, and the matter shall then be heard and determined by the Board of Trustees. In the event that the AHRB makes a recommendation differing from that made by the Planning Board as per Village Code § 300-52B, the position of each board shall be made in writing to the Board of Trustees within 30 days of its recommendation. The AHRB shall be the decisionmaking authority, subject to appeal to the Zoning Board, in all other zoning districts on issues within the AHRB's purview.
[Added 8-22-2017 by L.L.
No. 6-2017]
D.
Duties. The Architectural and Historic Review Board shall have the
following duties:
(1)
To adopt rules and regulations for its operation and to follow said
rules and regulations in the conduct of its official business.
(2)
To review and recommend changes to the Design Guidelines.[5]
[5]
Editor's Note: The Design Guidelines are included as an attachment to this chapter in Appendices F and G.
(3)
In its capacity as a design review body, to review and approve or
disapprove building permit applications referred to it in accordance
with the provisions of this article.
(4)
In considering approval of a building permit application, the Architectural
and Historic Review Board may impose such reasonable conditions and
restrictions as are directly related to and incidental to the proposed
use of the property and which act to promote desirable design characteristics
or preserve historic features.
(5)
Upon request or upon application, to review and make binding recommendations
in its capacity as an historic review body with regard to building
permit applications for historic landmarks and properties in historic
districts in accordance with relevant other provisions of this Code.
(6)
Upon request or upon application, to review and make nonbinding recommendations
in its capacity as an historic review body with regard to building
permit applications for properties which are eligible for listing
on the state or national registers of historic places, either as a
landmark or within an historic district.
(7)
Upon request or upon application, to recommend the designation of
local historic landmarks and districts to the Board of Trustees, and
to review and make recommendations with regard to any proposed designation
of such landmarks or districts by the Board of Trustees.
(8)
To maintain an inventory of properties and districts within the Village
that are listed on the local, state and/or national registers of historic
places or that have been certified as eligible for such listing or
otherwise of local significance, and to make such inventory available
to the public.
(9)
To retain, as necessary, counsel, clerks, a secretary and experts, including but not limited to engineers, architects, landscape architects, historic preservationists and planners, to assist the Board in the conduct of its official business. These fees shall be paid by an applicant in accordance with Article XVI.
(10)
To maintain and make available minutes of all of its meetings in accordance with § 300-27, and to comply with all applicable public notice and hearing requirements specified in this chapter.
(11)
To prepare and make available to the public graphic and textual
depictions which illustrate design principles to be encouraged throughout
the Village or in particular districts or for particular building
types and uses, subject to the approval of the Board of Trustees.
(12)
To perform such other tasks as may be necessary in the carrying
out of the above powers and duties.
(13)
Any person aggrieved by a decision of the Architectural and Historic Review Board shall have the right to appeal said action to the Zoning Board of Appeals by written notice signed by the appellant or legal representative. Any appeal to the Zoning Board of Appeals shall be made within 30 days of a duly signed "findings statement" that is filed with the Village of Dobbs Ferry Clerk's office. See § 300-23.
E.
Expenses. The Board of Trustees shall make such appropriation as reasonable and necessary for the operation of the Architectural and Historic Review Board, including, but not limited to, the hiring of counsel, experts, clerks and secretary, which expenses shall be paid by the applicant in accordance with Article XVI.
[Amended 6-14-2011 by L.L. No. 6-2011; 6-13-2017 by L.L. No. 4-2017; 8-22-2017 by L.L. No. 6-2017; 10-11-2022 by L.L. No. 7-2022]
A.
When required. Except as listed in Subsection B below, AHRB review shall be mandatory for the following types of applications:
(1)
The construction, reconstruction or exterior alteration of any structure.
(2)
Applications requiring site plan review.
(3)
Signs and canopies within a designated historic district.
[Amended 1-10-2023 by L.L. No. 1-2023]
(4)
Walls
within a designated historic district.
[Amended 1-10-2023 by L.L. No. 1-2023]
B.
Exemptions. The following applications for building permits are exempt
from mandatory review by the AHRB, with the discretionary right reserved
to the Building Inspector to request review and recommendation by
the AHRB:
(1)
In-kind
replacements of walls, fences, signs, canopies, and facade materials.
(2)
New
construction or installation of the following in all zoning districts
outside any designated historic district: walls less than five feet,
fences, signs, canopies, doors, and windows.
[Amended 1-10-2023 by L.L. No. 1-2023[1]]
(3)
Nonpermanent
siting of accessory sheds under the following conditions: (a) no larger
than 100 square feet; (b) no higher than 10 feet above grade at the
ridge; (c) located in rear yard; and (d) painted, stained or colored
to match either the body or trial color of the house.
(4)
Retaining
walls under the following conditions: (a) no higher than five feet;
and (b) constructed of natural stone or having a natural stone veneer
on all visible, exposed surfaces.
(5)
All
new basement egress windows or doors, except on the front facade,
provided that such windows and doors are located more than 50% below
the most adjacent grade and the style of window or door in consistent
with the same facade.
(6)
Replacement
windows or doors under the following conditions: (a) no alteration
of style, size or location; (b) must be installed in existing rough
openings without modification; (c) windows with currently exposed
exterior muntins must be replaced with same style (simulated divided
lites, known as SDLs, are acceptable).
(7)
Any Site Plan Applications granted a review waiver in accordance with § 300-52A(2).
[Added 1-10-2023 by L.L. No. 1-2023]
C.
Procedure.
(1)
In
all cases where site plan approval is required, as stated in other
sections of this chapter, the review by the AHRB shall be given concurrently
or prior to the Planning Board's review for site plan approval.
(2)
In
all cases where site plan approval is required by the Village Board
of Trustees, as stated in other sections of this chapter, the review
by the AHRB for recommendation shall be given concurrently or prior
to the Planning Board's review for recommendation on the site plan.
(3)
In
all cases where site plan approval is not required by the Planning
Board or Village Board of Trustees, separate application shall be
made to the Board of Architectural Review, and approval is required
prior to the issuance of a building permit.
D.
Criteria
for decision.
(1)
Buildings
and structures. The Architectural and Historic Review Board shall
approve, approve with modifications and/or conditions, or deny a permit
for a building or structure in accordance with the expertise and judgment
of its members and any qualified expert retained to assist the Board
in the conduct of its official business in accordance with this article,
such decision shall be guided by the following resources as applicable
to the specific application under review:
[Amended 5-9-2023 by L.L. No. 5-2023]
(a)
Appendix F: Downtown Design Guidelines.
(b)
Appendix G: Residential Design Guidelines.
(c)
Appendix I: Historic District Design Standards.
(d)
Consistency with the Vision Plan, or other designated and adopted
comprehensive plans, and the Local Waterfront Revitalization Plan
(LWRP).
(e)
Consistency with the findings of the environmental quality review,
if applicable.
(f)
Harmony with the character of the neighborhood and surrounding area.
(g)
The Field Guide to American Houses and other recognized architectural
field guides selected by the Architectural and Historic Review Board
for use as guidelines on historic styles and related massing, materials
and details.
(h)
The Secretary of Interior's Standards for the Treatment of Historic
Properties.
(i)
The provisions of this chapter.
(2)
Signs.
The Architectural and Historic Review Board shall consider the compatibility
and harmony of proposed signs with existing and proposed improvements
on the property, the surrounding built and natural environment and
existing signs on nearby properties, in particular:
(a)
The sign should utilize materials and colors that are compatible
with those used on the building.
(b)
The amount of information on the sign should be minimized, and the
relative size of the lettering should be similar to other signs of
the same type (e.g., wall signs, awning signs or monument signs) in
the area.
(c)
The sign should not mask architectural features on the building or
viewsheds identified in the Vision Plan or this chapter.
(d)
The intensity of sign lighting should be similar to that of surrounding
signs, but the type of lighting may differ from sign to sign.
E.
Time for decision. Within 45 days of a complete application, the
Architectural and Historic Review Board shall approve, deny or approve
the application subject to conditions in accordance with the law.
This time period is subject to such extensions of time as may be required
by the Architectural and Historic Review Board to obtain further information,
to complete the environmental quality review process, or for the applicant
to submit amendments to the application. The failure to render a decision
on an application within 45 days of a complete application does not
result in an automatic approval.
F.
Post-approval/denial/recommendation/procedure. If the application
requires approval from the Board of Trustees pursuant to this chapter
(the Architectural and Historic Review Board is rendering a recommendation
to the Board of Trustees instead of an approval), the Architectural
and Historic Review Board shall make its recommendation together with
a resolution detailing its findings and the conditions of approval
to the Board of Trustees. If the application does not require additional
approval from the Board of Trustees, the Architectural and Historic
Review Board shall approve or disapprove the application. With the
exception of recommendations to the Board of Trustees, all decisions
by the Architectural and Historic Review Board shall be appealable
to the Zoning Board of Appeals within 30 days of the filing of written
findings with the Village Clerk. The Board of Trustees shall be responsible
for final review and approval of applications following review and
recommendation by the Architectural and Historic Review Board for
the following districts: Waterfront (A); Waterfront (B); Chauncey
Park; Downtown; and Educational/Institutional District. The Architectural
and Historic Review Board shall recommend approval, approval with
modifications or disapproval for projects in these five zones and
the matter shall then be heard and determined by the Board of Trustees.
G.
Public meetings. The Architectural and Historic Review Board shall conduct meetings in compliance with Open Meetings Law (NYS Public Officers Law, Article 7) and as set forth in Chapter 1, Article II of this Code, during which the application will be reviewed. Since these meetings are not conducted in the form of public hearings, opportunity for public participation shall be at the discretion of the Architectural and Historic Review Board.
[Amended 6-13-2017 by L.L. No. 4-2017]
A.
When required.
(1)
In addition to the requirements set forth in § 300-18 regarding design review, the Architectural and Historic Review Board shall conduct a binding historic review during a public hearing for applications for the construction, reconstruction, exterior alteration or demolition of properties which are one or more of the following:
(a)
Deemed to be contributing properties located in locally designated
historic districts.
(b)
Locally designated as historic landmarks or scenic landmarks.
(c)
Designated on the state or national registers of historic places,
or located within historic districts on the state or national registers
of historic places.
(d)
Listed as eligible for inclusion on the state or national registers
of historic places as of the effective date of this section.
B.
Criteria for historic review or approval.
(1)
Certificate of appropriateness; general criteria: The Architectural
and Historic Review Board shall approve the issuance of, and shall
issue, a certificate of appropriateness only if it determines that
(a) the proposed work will not have a substantial adverse effect on
the aesthetic, historical, or architectural significance and value
of the individual landmark or scenic landmark or (b) if the proposed
work is within an historic district, the proposed work will not have
a substantial adverse effect on the aesthetic, historical, or architectural
significance of the property itself, the district or neighboring properties
in such district.
(2)
In making this determination, the AHRB's decision to approve, approve
with modification(s) or deny an application for a certificate of appropriateness
for an individual landmark, for a scenic landmark, or for a contributing
property within an historic district, will be guided by the following
principles:
(a)
Properties which contribute to the character of the historic
district shall be retained, with their historic features altered as
little as possible;
(b)
Any alteration of existing properties shall be compatible with
the surrounding historic district and shall not impair the essential
form or historic integrity of the property; and
(c)
New construction shall be compatible with the historic district
in which it is located.
(3)
In applying the principle of compatibility set forth in Subsection B(2)(b) and (c) of this section, the AHRB shall consider the following factors:
(a)
The general design and character of the proposed alteration
or new construction relative to existing features of the property
or historic district;
(b)
The scale and visual compatibility of the proposed alteration
or new construction in relation to the property itself, surrounding
properties, and the neighborhood;
(c)
Materials, and their relation to similar features of the property
and other properties in the neighborhood;
(d)
Visual compatibility with surrounding properties, including
proportion of the property's 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;
(e)
The importance of historic physical and visual features to the
significance of the property; and
(f)
Conformity with the Secretary of Interior's Standards for the
Treatment of Historic Properties.
(4)
In approving an application for a certificate of appropriateness, the AHRB shall find that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan or with stated modifications, would be consistent with the requirements of § 300-17C(2) and (3).
(5)
Where the AHRB grants a certificate of appropriateness under circumstances
in which the permitted activity is likely to uncover or affect archaeological
resources, or where archaeological resources are uncovered during
the course of the permitted activity, the AHRB shall require reasonable
efforts to protect and preserve such resources. Where such protection
and preservation is not possible without incurring undue economic
hardship, the AHRB shall nonetheless impose appropriate and reasonable
conditions to insure that the archaeological resource is made accessible
for a reasonable period to qualified persons.
(6)
With respect to any proposed work that requires historic review and
AHRB approval, the issuance of a certificate of appropriateness shall
be a prerequisite to obtaining a building permit required by other
provisions of this Code or by other applicable regulations.
(7)
Time limits.
(a)
Any building or structure, the construction of which has not
been completed, including grading, the paving of driveways, access
roads and parking areas, within 12 months of the date of the issuance
of the certificate of appropriateness therefor, in accordance with
the plans and specifications on file with the Building Inspector,
shall be considered a violation of this chapter and shall subject
the owner, lessee or contractor to the penalties contained herein.
(b)
The Building Inspector may, in his discretion, extend such twelve-month
period for up to two additional twelve-month periods if satisfactory
proof is submitted to him that the completion of the building or structure
was delayed by reasons outside the control of the owner, lessee or
contractor.
(c)
No certificate of appropriateness, including any extensions,
shall be valid for a period of more than three years from the original
issuance date.
C.
Hardship process and criteria.
(1)
An applicant whose certificate of appropriateness for a landmark
property has been denied may apply for relief on the ground of economic
hardship and request a certificate of hardship. In order to prove
the existence of economic hardship, the applicant shall establish
that the denial of a certificate of appropriateness will prevent the
property owner from earning a reasonable return on investment, regardless
of whether that return represents the most profitable return possible,
or will deny the property owner the beneficial use of his property.
(2)
Economic hardship; criteria. The applicant shall demonstrate the
existence of economic hardship by demonstrating to the Zoning Board
of Appeals, by a preponderance of the evidence, that:
(a)
Hardship:
[1]
The applicant cannot realize a reasonable return if compliance
with the AHRB's decision is required; provided, however, that the
lack of reasonable return is proven by the applicant to be substantial
as demonstrated by competent financial evidence;
[2]
That the alleged hardship relating to the property in question
is unique, and does not apply to a substantial portion of the district
or neighborhood;
[3]
That the requested relief, if granted, will not substantially
alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created; or that
(b)
Alterations would prevent continued beneficial use and/or legal
occupancy of the subject property or would limit its adaptive reuse.
(3)
Public hearing. The Zoning Board of Appeals shall hold a public hearing
of the hardship application at which an opportunity will be provided
for the applicant and public to present their views on the hardship
application. Such hearing shall be held within a reasonable time following
the submission of a complete application for certificate of hardship.
(4)
Zoning Board of Appeals decision. A decision of the Zoning Board
of Appeals on the hardship application shall be in writing and shall
state the reasons for granting or denying it. A copy shall be sent
to the applicant by certified mail/return receipt requested or courier
service with proof of delivery or personal service with proof of delivery
and a copy filed with the Village clerk's office for public inspection.
(5)
As promptly as is practicable after the Zoning Board of Appeals has
made a preliminary determination of hardship as provided in this chapter,
the AHRB, with the aid of such experts as it deems necessary, may,
in consultation with the applicant, endeavor to develop a plan whereby
the improvement may be preserved and perpetuated in such manner as
to effectuate the purpose of this chapter, and also rendered capable
of earning a reasonable return.
(6)
No building permit or other land use approvals shall be issued unless
the Zoning Board of Appeals grants the hardship application.
(7)
The Zoning Board of Appeals, in the granting of a certificate of
economic hardship, shall grant the minimum terms deemed necessary
and adequate to address the unnecessary hardship proven by the applicant,
and at the same time preserve and protect the character of the neighborhood
and the health, safety and welfare of the community.
D.
Demolition or relocation of historic properties.
(1)
The AHRB must hear applications for demolition or relocation of individual
historic landmarks, scenic landmarks, or contributing properties within
an historic district. Such applications will be heard in public hearings.
(2)
Notwithstanding the foregoing, if any such landmark or structure presents an immediate peril to health, safety or security of property as determined by a qualified engineer approved by the Building Inspector, then the Building Inspector may proceed to authorize demolition with notice to but without the required input of the AHRB in accordance with the reporting requirements of § 136-1, and thereafter the Board of Trustees may proceed in a manner consistent with the requirements of § 136-2 through § 136-5.
(3)
If any such landmark or structure is determined by the Building Inspector to be a public nuisance as defined in § 136-1(B), but not an immediate threat to health, safety or security of property, then the Building Inspector shall provide a written report to the AHRB, specifying in such report the date of the inspection, the condition found which he deems to be a public nuisance, his opinion as to the cause of such condition (including, if appropriate, the opinion of a licensed engineer approved by the AHRB and paid for by the property owner), and his recommendations with reference to the correction of such condition. Such report shall be filed with the AHRB not less than five days from the date of such inspection. If the report recommends demolition of said structure, the AHRB shall make a recommendation for or against demolition to the Board of Trustees, and thereafter the Board of Trustees may proceed in a manner consistent with the requirements of § 136-2 through § 136-5. Relocation of an individual landmark or of a contributing property within an historic district shall only be allowed in the event that relocation is the only alternative to demolition.
(4)
Any person desiring to demolish an individual landmark, scenic landmark,
or contributing property within an historic district shall first file
an application for an historic building demolition permit with the
Building Inspector. The applicant must submit the following items:
(a) a report from a licensed engineer or architect, approved by the
AHRB and paid for by the applicant, with experience in rehabilitation
as to the structural soundness of any buildings on the property and
their suitability for rehabilitation; and (b) expert testimony or
opinion on the feasibility of rehabilitation or reuse of the existing
structure by an architect, developer, real estate consultant, appraiser,
and/or other real estate professional experienced in historic properties
and rehabilitation.
(5)
Any evidence of the condition having been self-created through deliberate
neglect or inadequate maintenance of the property shall weigh against
the applicant.
(6)
The Building Inspector shall provide a recommendation to the AHRB
regarding whether the application for demolition should be granted.
(7)
The AHRB shall hold a public review and shall take one of the following
actions:
(b)
Recommend approval of the demolition permit by the Board of Trustees, subject to a waiting period of up to 120 days to consider relocation and other alternatives to demolition, and additional documentation; thereafter the Board of Trustees may proceed in a manner consistent with the requirements of § 136-2 through § 136-5; or
(c)
Recommend that the Board of Trustees deny the permit.
(8)
During the waiting period, if any, the AHRB may investigate relocation
of the historic resource (on site) or modification of the historic
resource for future uses in a way which preserves the architectural
and historic integrity of the resource. If relocation is recommended
by the AHRB to the Board of Trustees, the relocated site shall be
compatible with the character of the resource and of the original
site.
(9)
Demolition or removal of any such resource may be approved only in
connection with approval of a replacement project appropriate for
the site.
E.
Affirmative maintenance and repair requirement.
(1)
Ordinary maintenance; repair.
(a)
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of an
historic landmark, scenic landmark, or property within an historic
district that does not involve a change in design, building materials,
or outward appearance.
(b)
If a property owner is unsure whether or not proposed work constitutes
ordinary maintenance and repair, the AHRB may evaluate the proposed
work and decide without public review whether the proposed work requires
a certificate of appropriateness.
(2)
No owner or person with an ownership interest in real property designated as an individual landmark, scenic landmark, or property with an historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with the Property Maintenance Code of New York State Uniform Fire Prevention and Building Code and all other applicable local regulations. Violations of the affirmative maintenance and repair requirements of this section shall be subject to enforcement in accordance with § 300-29 hereof, and in particular, each day that passes shall be considered a separate offense for purposes of the penalties set forth in § 300-29D(8)(a).
(3)
Every owner or person in charge of an improvement on an individual
landmark, scenic landmark, or property with an historic district shall
keep in good repair:
(a)
All of the exterior portions of such improvements; and
(b)
All interior portions thereof which, if not so maintained, may
cause or tend to cause the exterior portions of such improvement to
deteriorate, decay or become damaged or otherwise to fall into a serious
state of disrepair. Examples of types of prohibited disrepair include,
but are not limited to:
[1]
Deteriorated or crumbling exterior plasters, mortar or facades;
[2]
Deteriorated or inadequate foundation;
[3]
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
[4]
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
[5]
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration or are of insufficient size to carry imposed loads;
[6]
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
[7]
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
[8]
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety; or
[9]
Any fault or defect in the building or structure which renders
it not properly watertight or otherwise compromises the life and character
of the building or structure.
F.
Time for decision.
(1)
Binding review. Within 45 days of the close of the public review
of an application for a certificate of appropriateness, a certificate
of hardship, or demolition or relocation of an historic property,
the Architectural and Historic Review Board shall approve, deny or
approve the application subject to conditions in accordance with the
law. This time period is subject to such extensions of time as may
be required by the Architectural and Historic Review Board to obtain
further information, to complete the environmental quality review
process, or for the applicant to submit amendments to the application.
The time frame shall be extended to the next scheduled meeting if
a regularly scheduled meeting has been cancelled for any reason. The
failure to render a decision on an application within 45 days of the
close of the public review of the application does not result in an
automatic approval, but rather, an applicant's sole remedy is a mandamus
proceeding to compel the Board to act. Written findings shall be filed
with the Village Clerk within 30 days of any decision denying the
application. In instances where filing of a written decision is not
required under this section and a written request for the issuance
of a written decision has been made within 30 days of such decision,
written findings will be filed with the Village Clerk within 60 days
of such request.
(2)
Nonbinding review. The Architectural and Historic Review Board shall
make recommendations with regard to an application in accordance with
applicable law. Said recommendations shall not be binding, but a subsequent
reviewing agency may include the recommendations as conditions of
approval or may utilize the recommendations as a basis for disapproval
of the application.
G.
Post-approval procedure. If the application requires additional approvals
pursuant to this chapter, the Architectural and Historic Review Board
shall refer the application, together with a resolution detailing
its findings and the conditions of approval, to the appropriate administrative
body. If the application does not require additional approvals, the
Architectural and Historic Review Board shall refer the application,
together with a resolution detailing its findings and the conditions
of approval, to the Land Use Officer.
