[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 5-27-1986 by L.L. No. 1-1986 (Ch. 92 of the 1976
Code). 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 is 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 Lancaster has many significant
historic, architectural and cultural resources which constitute its
heritage, this chapter is intended to:
A.
Protect and enhance the landmarks and historic districts which represent
distinctive elements of Lancaster's historic, architectural and cultural
heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Lancaster's attractiveness to visitors and the
support and stimulus to the economy thereby provided.
D.
Ensure the harmonious, orderly and efficient growth and development
of the Village.
[Amended 2-25-2008 by L.L. No. 1-2008]
There is hereby created a Commission to be known as the "Village
of Lancaster Historic Preservation Commission."
A.
The Commission shall consist of seven members and three designated
alternates to be appointed, to the extent available in the community,
by the Mayor as follows:
(1)
At least one shall be an architect.
(2)
At least one shall be an historian.
(3)
At least one shall be a licensed real estate sales person.
(4)
At least one shall be an attorney.
(5)
At least one shall be a resident of an historic district.
(6)
At least one shall be a local teacher/administrator.
(7)
At least one shall have 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.
(8)
All members shall have a known interest in historic preservation
and architectural development within the Village of Lancaster.
B.
Commission members shall serve for a term of four years, with the
exception of the initial term of one of the seven members, which shall
be one year, one which shall be two years, and one which shall be
three years. The term of office of the designated alternates shall
be four years. However, the term of office of the original designated
alternates shall be the balance of the official year.
C.
The Chairman and Vice Chairman of the Commission shall be elected
by and from among the members of the Commission.
D.
The powers of the Commission shall include:
(1)
Employment of staff and professional consultants as necessary to
carry out the duties of the Commission.
(2)
Promulgation of rules and regulations as necessary for the conduct
of its business.
(3)
Adoption of criteria for the identification of significant historic,
architectural and cultural landmarks and for the delineation of historic
districts.
(4)
Conduct of surveys of significant historic, architectural and cultural
landmarks and historic districts within the Village.
(5)
Designation of identified structures or resources as landmarks and
historic districts.
(6)
Acceptance on behalf of the Village government of the donation of
facade easements and development rights and the making of recommendations
to the Village government concerning the acquisition of facade easements
or other interests in real property as necessary to carry out the
purposes of this chapter.
(7)
Increasing public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
(8)
Making recommendations to Village government concerning the utilization
of state, federal or private funds to promote the preservation of
landmarks and historic districts within the Village.
(9)
Recommending 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.
(10)
Approval or disapproval of applications for certificates of
appropriateness pursuant to this chapter.
E.
The Commission shall meet at least monthly, 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.
F.
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.
G.
Designated alternates. The Mayor shall at the time of appointment of each of the three designated alternates identify each designated alternate as "First," "Second," or "Third" designated alternate. In the event that one or more of the seven members or designated alternates of the Historic Preservation Commission are unable to attend an official proceeding of the Historic Preservation Commission, designated alternates shall, in the ascending numerical order in which they are designated, participate as members as necessary to attain participation of up to seven individuals during such official proceeding. When participating as members, pursuant to this provision, designated alternates shall be considered Commission members for purposes of construing and applying the provisions of Subsection F above.
A.
The Commission may designate an individual property as a landmark
if it:
(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 a unique location or singular physical characteristic,
represents an established and familiar visual feature of the neighborhood.
B.
C.
Notice of a proposed designation shall be sent by registered mail
to the owner of the property proposed for designation, describing
the property proposed and announcing a public hearing by the Commission
to consider the designation. Where the proposed designation involves
so many owners that individual notice is not feasible, notice may
instead be published at least once in a newspaper of general circulation
at least 10 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.
D.
The Commission shall hold a public hearing prior to designation of
any landmark 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 or historic
district. The record may also contain staff reports, public comments
or other evidence offered outside of the hearing.
E.
The Commission shall forward notice of each property designated as
a landmark and of the boundaries of each designated historic district
to the office of the Erie County Clerk for recordation.
[Amended 4-25-2011 by L.L. No. 4-2011; 6-24-2013 by L.L. No. 3-2013; 3-23-2015 by L.L. No.
2-2015]
No person shall carry out any exterior alteration, restoration,
reconstruction, demolition, new construction or moving of a landmark
or property within a historic district, nor shall any person make
any material change in the appearance of such a property, its light
fixtures, signs (excluding portable signs), sidewalks, fences, steps,
paving, exterior windows (including the application of paint or other
opaque covering for a duration exceeding two weeks) or other exterior
elements visible from a public street or alley which affects the appearance
and cohesiveness of the historic district, without first obtaining
a certificate of appropriateness from the Historic Preservation Commission.
The effective term of a certificate of appropriateness shall be limited
to one year from the date of issuance. Thereafter, an application
for a certificate of appropriateness must be renewed.
[Added 11-14-2016 by L.L.
No. 8-2016[1]]
The nonrefundable fee to be submitted with each application
for a certificate of appropriateness shall be $25, payable to the
Village of Lancaster.
[1]
Editor's Note: This local law also provided for the renumbering
of the subsequent sections of this chapter.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to
interior spaces, unless they are open to the public, or to architectural
features that are not visible from a public street or alley. The Commission's
decision shall be based upon 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 its
historic character, as well as with the surrounding district.
(3)
New construction shall be compatible with the district in which it
is located.
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, materials and color and their relation to similar features
of other properties in the neighborhood.
(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.
(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:
(1)
The name, address and telephone number of the applicant.
(2)
The location and photographs of the property.
(3)
Elevation drawings of proposed changes, if available.
(4)
Perspective drawings, including relationships to adjacent properties,
if available.
(5)
Samples of color or materials to be used.
(6)
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, the method of illumination and a plan showing
the sign's location on the property.
(7)
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 expiration of the effective term of a certificate of appropriateness as provided at § 184-4 of this chapter shall not negate the validity of a building permit issued during the effective term of the certificate of appropriateness. 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 ordinance of the Village of Lancaster.
[Amended 4-25-2011 by L.L. No. 4-2011]
C.
At regularly scheduled meetings of the Commission, the Commission
shall consider those applications for a certificate of appropriateness
which have been submitted to the Village Clerk not later than two
weeks prior to said regularly scheduled meeting. Within 30 days of
said regularly scheduled meeting, the Commission shall approve, deny
or approve with modifications each application considered. Within
30 days of said regularly scheduled meeting, 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 2-9-2015 by L.L. No. 1-2015]
D.
Commission decisions; appeals.
(1)
All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by registered mail, and a copy shall be filed
with the Village Clerk's office for public inspection.
(2)
The Commission's decision shall state the reasons for denying or
modifying any application.
(3)
In all instances, the decision shall advise the applicant that, pursuant to § 184-13 of the Historic Districts and Landmarks Chapter of the Code of the Village of Lancaster, any person aggrieved by the decision of the Historic Preservation Commission relating to a certificate of appropriateness application may, within 15 days of the decision of the Historic Preservation Commission, deliver a notice of appeal to the Clerk of the Village of Lancaster for review of the decision of the Historic Preservation Commission by the Village Board of Trustees; that the notice of appeal shall identify the applicant, property location and date of decision; and that further particulars regarding the appellate process are set forth at § 184-13 of the Code of the Village of Lancaster.
[Added 8-22-2011 by L.L. No. 10-2011]
(4)
If the decision relates to property designated as a landmark, the decision shall also advise the applicant that, pursuant to § 184-9 of the Historic Districts and Landmarks Chapter of the Code of the Village of Lancaster, an applicant whose certificate of appropriateness has been denied may apply to the Historic Preservation Commission for relief from landmark designation on the grounds that the landmark designation is working a hardship upon him or her.
[Amended 8-22-2011 by L.L. No. 10-2011]
An applicant whose certificate of appropriateness has been denied
may apply for relief from landmark designation on the grounds that
designation is working a hardship upon him. 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.
C.
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
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.
Commission decisions; appeals.
(1)
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.
(2)
The Commission's decision shall state the reasons for granting or
denying the hardship application.
(3)
The decision shall advise the applicant that, pursuant to § 184-13 of this chapter of the Code of the Village of Lancaster, any person aggrieved by the decision of the Historic Preservation Commission relating to a hardship application may, within 15 days of the decision of the Historic Preservation Commission, deliver a notice of appeal to the Clerk of the Village of Lancaster for review of the decision of the Historic Preservation Commission by the Village Board of Trustees; that the notice of appeal shall identify the applicant, property location and date of decision; and that further particulars regarding the appellate process are set forth at § 184-13 of the Code of the Village of Lancaster.
[Added 8-22-2011 by L.L. No. 10-2011]
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 that 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 chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark or property within an historic district which does not involve
a change in design, material, color or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark 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:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors.
(6)
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.
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
up to $250 after the party has been cited, as well as a fine of $50
for each day the violation continues after the violator has been cited.
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 4-25-2011 by L.L. No. 5-2011; 8-22-2011 by L.L. No.
10-2011]
A.
Any person aggrieved by the decision of the Historic Preservation
Commission relating to hardship relief or a certificate of appropriateness
may, within 15 days of the decision, deliver to the Village Clerk
a written notice of appeal that the decision of the Historic Preservation
Commission be reviewed by the Village Board of Trustees. The notice
of appeal shall identify the applicant, property location and date
of decision.
B.
Upon receipt of a notice of appeal, the Village Clerk shall advise
the Village Board and the Chairman of the Historic Preservation Commission
of the appeal. The Village Board of Trustees shall then schedule a
hearing with respect to the appeal, to be conducted not sooner than
30 days nor later than 60 days following the Village Clerk's receipt
of the notice of appeal. The hearing may be conducted during a meeting
or special meeting. The Village Clerk shall promptly provide notice
to the Chairman of the Historic Preservation Commission and to the
applicant of the date and time of the meeting during which the appeal
will be heard.
C.
The Chairman of the Historic Preservation Commission shall arrange
that, not later than seven days prior to the hearing date, all pertinent
documents, exhibits and minutes relating to the record that was before
the Historic Preservation Commission, together with a copy of the
decision of the Historic Preservation Commission, shall be delivered
to the Village Clerk, who shall then promptly disseminate such materials
to members of the Village Board.
D.
At the time of the hearing, the applicant, individually and/or by
legal counsel, and a designated representative of the Historic Preservation
Commission shall be entitled to be heard.
E.
Review of the decision by the Village Board shall be conducted based
on the same record that was before the Historic Preservation Commission
and using the same criteria. The standard of review to be applied
by the Village Board of Trustees shall be whether the proceedings
before the Historic Preservation Commission were conducted properly
and in accordance with this chapter and whether the discretion exercised
by the Historic Preservation Commission deviated materially from what
would be reasonable.