[Amended 11-19-2019 by L.L. No. 21-2019]
No structure, site, place or building designated as a landmark
wholly or partly within the boundaries of an historic district shall
be constructed, altered, repaired, moved or demolished except in compliance
with the procedural requirements set forth in this article. A permit
for the demolition, alteration or improvement of a site, structure
or building shall include and require compliance with all such conditions
or requirements set forth in the approval of the Town Board.
[Amended 7-21-2009 by L.L. No. 39-2009]
A.
The application shall include:
(1)
Name, address and contact number of the applicant/owner;
(2)
Location and photographs of property;
(3)
Elevation of proposed changes;
(4)
Perspective drawing, including relationship 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
materials to be used, method of illumination, if any, and the location
on the property; and
(7)
Any other information which the reviewing board(s) may deem useful
in order to visualize the proposed work.
B.
An application for a building permit for activity which is not part
of a site plan shall be made to the Building Department and referred
to the Landmarks Preservation Commission for review and recommendation,
and the Landmarks Preservation Commission shall transmit the recommendation,
be it for approval, denial or approval with modifications, to the
Town Board within 45 days of referral of the application from the
Building Department.
[Amended 11-19-2019 by L.L. No.
21-2019]
C.
Within 15 days of receipt and review of the recommendation from the Landmarks Preservation Commission as set forth in Subsection B above, the Town Board may approve, modify or reject, in whole or in part, the recommendation, and the Town Board shall transmit its final report and recommendation to the Building Department. Note, in the event the Town Board fails to issue a report and recommendation within 15 days of receipt of the recommendation from the Landmarks Preservation Commission, the Building Department may accept the recommendation of the Landmarks Preservation Committee and approve, deny or approve with modifications, as the case may be.
[Amended 11-19-2019 by L.L. No.
21-2019]
D.
Any activity which is part of a site plan application shall be submitted to the Planning Department and simultaneously referred to the Board vested with authority to approve, deny or approve with modifications, be it the Town Board or Planning Board and referred to the Architectural Review Board and the Landmarks Preservation Commission pursuant to § 301-305B(4).
[Amended 11-19-2019 by L.L. No.
21-2019]
E.
In the event that the Landmarks Preservation Commission and the Architectural Review Board jointly review the application as part of a site plan, the recommendations shall be transmitted to the Town Board or Planning Board for consideration during the site plan review process pursuant to § 301-303.
[Amended 11-19-2019 by L.L. No.
21-2019]
F.
Any board(s) reviewing an application for the activities herein described
shall consider the following criteria in making its recommendations
to approve, deny or approve with modifications:
(1)
The board(s) shall only consider changes made to the exterior of
a structure or a building designated as a landmark or any structure
or building within an historic district.
(2)
Properties which contribute to the character of the historic district
shall be, to the greatest extent practicable, retained with their
historic features altered as little as possible.
(3)
Any alteration of existing property shall be compatible with its
historic character, as well as the surrounding district, if applicable.
(4)
New construction shall be compatible with the district in which it
is located.
G.
In applying the principle of compatibility, the Commission shall
consider the following factors:
(1)
The general design, character and appropriateness of the property
of the proposed and new construction;
(2)
The scale of the proposed alteration or new construction in relation
to the property itself, and surrounding properties;
(3)
The texture, materials and color and their relation to similar features
of other properties in the neighborhood;
(4)
Visual compatibility of surrounding properties, including proportion
of the property's facade, proportion and arrangement of windows and
other openings of the facade, roofline and rhythm of spacing of properties
on streets, including setbacks; and
(5)
The importance of historic, architectural or other features to the
significance of the property.
H.
All recommendations of the Landmarks Preservation Commission and
the Architectural Review Board shall be in writing and filed with
the Town Board or Planning Board, Planning Department and the Building
Department.
[Amended 11-19-2019 by L.L. No.
21-2019]
I.
Nothing in this article shall be construed to prevent ordinary maintenance
or repair, with like materials of similar quality and color, of any
place, site, structure or building designated as a landmark or landmark
site, or any property located wholly or partly within the boundaries
of an historic district.
[Amended 11-19-2019 by L.L. No.
21-2019]
In addition to the appeal process hereinabove described, any
applicant whose application for the demolition, alteration or improvement
of an historic structure or building is denied may apply to the Zoning
Board of Appeals for relief from the denial on the grounds that the
denial presents a hardship. To prove the existence of hardship, that
applicant must establish to the Zoning Board of Appeals' satisfaction
that:
[Amended 11-19-2019 by L.L. No.
21-2019]
This chapter shall not apply in any case where the Building
Department or any authorized enforcement personnel orders or directs
alteration, maintenance, or demolition for the purpose of remedying
conditions determined to be unsafe or dangerous.
