Town of Lyons, NY Article III Designation of Historic Structures and Districts

§ 165-6 Eligibility.

A structure or property may only be eligible for historic designation if:

A. It possesses special character or historic or aesthetic interest or value as a part of the cultural, political, economic or social history of the Town, locality, region, state or nation; or

B. It is identified with historic personages (birthplace, home, grave site, etc.); or

C. It embodies the distinguishing characteristics of an architectural style or period or method of construction; or

D. It is the work of a designer whose work has significantly influenced an age; or

E. Because of a unique location or singular physical characteristic, it represents an established and familiar visual feature of the neighborhood; or

F. It is associated with events that have made a significant contribution to the road patterns of American history; or

G. The property and its site yield, or are likely to yield, important information in history or prehistory.

§ 165-7 Structures and properties not eligible.

The following structures and/or properties shall be excluded from historic designation:

A. Reconstructed buildings, except in cases where the work is based on authentic documentary evidence and is an integral part of the surrounding area.

B. Buildings less than 50 years old, except where identified as a unique or significant architectural type or style.

§ 165-8 Authority to propose historic designation.

Structures or properties may be proposed for historic designation by any of the following:

A. The Town Board.

B. The Town Planning Board.

C. The owner of the structure or property.

§ 165-9 Application for designation.

Applications for proposed designation shall be submitted to the Town Clerk in writing, and shall include the following information:

A. The historic and common name(s) of the structure and/or property.

B. Owner, address, and legal description of the property.

C. Date of construction.

D. Architectural style and period.

E. Condition of the building (excellent, good, fair, deteriorated, or ruins).

F. A narrative description of the structure's or property's historical and architectural significance.

G. Photographs of all significant elevations and a photograph showing the structure in its surrounding context.

H. Completed short environmental assessment form (EAF) for compliance with the State Environmental Quality Review Act.[1]

[1] Editor's Note: See Environmental Conservation Law Art. 8, § 8-0101 et seq., and its implementing regulations at 6 NYCRR Part 17. See also Ch. 139, Environmental Quality Review, of the Town Code.

I. Name of applicant and date of application.

§ 165-10 Referral to Planning Board.

Except for applications made by the Town Planning Board, all proposed designations shall be reviewed by the Town Planning Board prior to public hearing. The Planning Board shall make a recommendation to the Town Board within 30 days of receipt of the proposal.

§ 165-11 Public hearing.

Within 30 days of receipt of an application for proposed designation, the Town Board shall refer such proposal to the Town Planning Board for recommendation as provided in § 165-10. Within 30 days of receipt of a recommendation from the Town Planning Board, the Town Board shall hold a public hearing on the application. The Town Board shall notify the owner of the property a minimum of 10 days prior to such public hearing. Said notification shall be made either by personal service or by certified and first-class mail, addressed to the owner's last known address as recorded in the office of the Town Assessor.

§ 165-12 Findings and designation.

After public notice and hearing, and after a finding by the Town Board that a structure, property or group of properties meets the eligibility criteria established in § 165-6, the Town Board may designate the structure or district historic. If designation is applied to more than a single structure, the Town Board shall clearly describe and delineate the property so designated. Said designation shall remain in effect until such time that:

A. This chapter is repealed; or

B. Said designation is removed as provided in § 165-13; or

C. The structure has been deemed by the Code Enforcement Officer, and affirmed by the Planning Board, to be in a condition beyond repair, as that term is defined herein.

§ 165-13 Removal of designation.

After public notice and hearing, utilizing the same procedure found in § 165-10 and § 165-11, the Town Board may remove historic designation for a structure or district if the property has been so changed, through conscious alterations, catastrophic damage or neglect, that historic designation is no longer appropriate.

§ 165-14 Impact of designation on Uniform Code.

Historic designation under the terms of this chapter shall be deemed to make a building an historic building for purposes of enforcement of the Uniform Code.