Exciting enhancements are coming soon to eCode360! Learn more 🡪
Town of Lyons, NY
Wayne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Exterior alterations to historic structures shall require a building permit and prior approval of the Town Planning Board. Unapproved alterations shall be deemed a violation of Chapter 300, Zoning, of the Town Code. Alterations to an historic structure shall be compatible with its historic character and, if located within an historic district, with the surrounding structures of such district. Exception: Exterior alterations allowed by technical review under § 165-22 of this chapter.
A. 
Demolition permits for all or part of an historic structure shall be issued by the Town Board. An applicant for a permit to demolish an historic structure of portion thereof shall submit to the Board the following:
(1) 
A report from an independent design professional concerning the structure's physical stability and potential for continued use or adaptive reuse. Exception: The Town Board may waive the report requirement for demolition of outbuildings and small portions of structures.
(2) 
A plan for the use of the remaining portion of the structure and/or a plan for improvement of the site following demolition.
(3) 
Documentation of investigations and efforts made to preserve or relocate the structure, obtain funding for preservation, or find other uses for the structure which would avoid the necessity of demolition.
B. 
The Town Board shall take into consideration the above information or lack thereof in reviewing applications for demolition. Permits for demolition shall be issued only upon finding that there is no realistic, feasible alternative to demolition or that the demolition is of such a minor nature as to not make a significant impact on the historic character of the structure or district. All demolition permits issued under this chapter shall expire six months from the date of issuance, and may only be renewed by the Town Board.
(1) 
Exception 1. In case of emergency, demolitions of historic structures or portions thereof shall not require the approval of the Town Board. Said demolitions shall otherwise conform to Town regulations governing unsafe or dangerous buildings.
(2) 
Exception 2: Demolitions of de minimis amount, undertaken as part of exterior alterations approved by the Town Planning Board.
When possible disturbance of a known or suspected culturally sensitive place, paleontological resource or historic or prehistoric site of archaeological interest is indicated by the state environmental quality review process, a cultural resource survey, including one or more test pits, shall be conducted by a qualified archaeologist.
A. 
Where material remains, artifacts, or features of archaeological interest are inadvertently discovered, as by drilling, mining, excavation, construction or demolition activities, the local and/or county historian(s) shall be contacted to evaluate the site and advise on how to proceed.
B. 
In the case of an accidental discovery of a culturally significant place or human remains, all work shall cease immediately (i.e., stop-work order), and the local and/or county historian(s) shall be contacted to evaluate the site and advise on how to proceed.
C. 
In the case of the accidental discovery of human remains, the police authorities shall be contacted immediately.
D. 
In the case of discovery of a significant paleontological resource, all work shall cease (i.e., stop-work order), and the local and/or county historian(s) shall be contacted to evaluate the site and advise on how to proceed.
E. 
The inadvertent discovery of material remains of archaeological interest or discovery of a significant paleontological resource may require that a cultural resource survey (including one or more test pits) be conducted prior to resumption of the construction, excavation, drilling, mining, or demolition activities.
F. 
All artifacts, features, and paleontological resources that are inadvertently discovered shall remain in situ until investigated by appropriate authorities. If it is not possible to leave such materials in situ, they shall be protected and preserved to the maximum extent possible until an investigation can be made.
G. 
Until the site is investigated, further disturbance shall be prohibited.
H. 
The Code Enforcement Officer may appoint one or more site stewards to assist in the monitoring of the site.
A. 
Procedures. The procedures for mothballing an historic building should conform to Preservation Brief No. 31 (Mothballing Historic Buildings), published by the National Park Service, as well as the Uniform Code.
B. 
Interim use. It shall be the policy of the Town that interim use of a structure shall be preferable to mothballing, including but not limited to use for nonflammable storage. Structures having approved interim use shall not be deemed vacant.
C. 
Time frame. The maximum time frame for mothballing an historic building should be 10 years, by which time the structure should be rehabilitated or removed in accordance with an established plan. A compatible use for a property that requires minimal alteration of the building, structure, or site and its environment shall be encouraged.
A. 
Storefronts and facades, generally.
(1) 
Architecturally, storefronts and facades shall be constructed, repaired, and altered in conformance with the Uniform Code and any applicable requirements of Chapter 300, Zoning, or planning/zoning approvals. Remaining original storefronts should not be altered, but rather repaired and preserved. Restoration of storefronts that have been altered is encouraged, provided the restoration retains as much of the original detail and design as possible. A traditional commercial facade consists of three parts:
(a) 
The storefront with entrance, decorative entry flooring, low bulkheads/kick plates, large display windows, and a cornice element separating the storefront from the upper stories;
(b) 
The upper facade (usually masonry, sometimes wood), with regularly spaced windows; and
(c) 
The decorative cornice that caps the building.
(2) 
Display windows should be maintained to be as large as possible. Historically, window glass was often more than 50% of the surface area of the entire first floor storefront facade, with the display windows themselves constituting over 50% of the window glass. The remaining window glass was made up of door windows and transoms.
(3) 
In situations where financial considerations prevent a full-scale restoration of a storefront that has already been remodeled, the design should be sympathetic to the character of adjacent buildings.
(4) 
Configuration and proportions. Storefronts dating from 1900 and earlier usually exhibited recessed entries. Today, the remaining recessed entries add character to the downtown. By recessing an area in each building, a certain rhythm of solids (the buildings) to voids (their entries) is created, which adds interest to the street. These recessed entries should be preserved. Restoration of recessed entries is encouraged.
(a) 
Facade Type A. The facade at storefront level is characterized by a center doorway, flanked by two obliquely placed display windows which form the funnel-like recessed area. Large display windows appear at either side of this entry area and are positioned parallel to the street.
(b) 
Facade Type B. This storefront type includes the same recessed entry configuration as Type A, but has an added doorway that leads to the second story.
(c) 
Facade Type C. Sometimes seen on buildings which faced an intersection of two streets with a corner entry. In this case, the entry door was positioned at an oblique angle to the 90° angle of the intersection.
(5) 
Lights. Gooseneck-type outdoor lighting fixtures should be used where possible. Beneath awnings, fluorescent lighting should be used.
B. 
Storefronts and facades of historic buildings. Facades finished in decorative metal are extremely difficult to replace and should be preserved if at all possible. Recent additions obscuring these facades should be removed, taking care not to destroy what pressed metal may remain underneath. Traditional materials used were clear glass, brick, wood, and decorated pressed iron and tin. It is encouraged that these materials, rather than materials developed after the date of construction, be used in restoration or rehabilitation of a building. Use of aluminum or vinyl siding, plywood siding, smoked glass, mirrored glass, and wood shakes on storefronts or facades should not be permitted. The fabric and shape of awnings shall be historically consistent with the building type and style. Barrel-type awnings should be avoided, and awnings shall be canvas, or resemble canvas, not plastic.
(1) 
Flat canopies. The use of flat, solid-material overhangs held by metal chain or bar supports, although of a later period, also has historical precedence. These overhangs were originally constructed of wood, which is the preferred material. Aluminum or some other material may be used if it is painted an appropriate color.
(2) 
Window protection. Window protection by louvered shutters, modern metal awnings, and metal louvers is out of character with historic districts and should not be permitted. Cloth awnings are suggested for second-story windows. Use of shatterproof, extra-strength glass is suggested for storefront windows. Rolling shutters shall be prohibited except where specifically allowed by the Planning Board.
(3) 
Colors. Suggested color ranges for historic districts may be listed by the Town Planning Board. Brighter colors may be used in awnings to accent the earth tones of the building. Acceptable colors include blue, green, mauve, beige, white, light brown, gray, red and black. Color schemes on block buildings shall be consistent across the entire front facade.
(4) 
Color of fire escape. Any fire escape located on any historic building or building in an historic district, which fire escape faces any public street or public alley, shall be painted so as to correspond to the color of the walls of the building to which it is attached.
(5) 
Awning colors. Awning colors shall conform to the approved color ranges, including blue, green, mauve, and beige. Any awnings on the secondary or upper facade shall match in color and shape any awning installed on the primary facade.
C. 
Modern storefronts. A proposed storefront can be contemporary so long as it respects the lines and scale of surrounding buildings and storefronts.
D. 
Window boxes. Window boxes are permitted at upper stories; at street level, ground-level planters should be used instead.
E. 
Guiding standards. In addition to any of the requirements above, storefronts and facades should conform to applicable National Park Service Preservation Briefs, including, but not limited to:
(1) 
No. 4, Roofing for Historic Buildings.
(2) 
No. 9, Repair of Historic Wooden Windows.
(3) 
No. 11, Rehabilitating Historic Storefronts.
(4) 
No. 16, Use of Substitute Materials on Historic Building Exteriors.
(5) 
No. 44, Use of Awnings on Historic Buildings: Repair, Replacement and New Design.
New construction shall be compatible with the historic character of the existing structure and, if located in an historic district, the surrounding structures of such district. In applying this standard, the following factors shall be considered:
A. 
The general design, character and appropriateness of proposed alterations or new construction to the historic district and/or surrounding structures in an historic district.
B. 
The scale of proposed alterations or new construction in relation to the historic structure itself and/or surrounding structures in an historic district.
C. 
Texture, materials and color and their relation to similar features of the historic structure and/or surrounding structures in an historic district.
D. 
Visual compatibility with the historic structure and/or surrounding structures in an historic district, including the proportion of the structure's facade, roof shape and rhythm of spacing structures on streets, including setback.
E. 
The importance of historic, architectural or other features to the significance of the structure and/or its district.
F. 
New additions or alterations shall be designed and constructed in such a manner that, if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would be, to the greatest degree possible, unimpaired.
Exterior alterations of facades which do not affect the footprint of a building may be permitted by the Code Enforcement Officer after technical review, using the following additional standards:
A. 
Wall openings: windows and doors.
(1) 
Treatment of existing features. All existing original sills, lintels, frames, sashes and glass of windows and transoms, and all original doors and door frames should be preserved. When they must be replaced, the replacements ideally should duplicate the original items in design and materials.
(2) 
Material.
(a) 
Window glass. Glass should be clear unless documentary evidence indicates the original use of colored glass. Bronze or mirrored glass shall be prohibited as well as tinted film on glass. The only film allowed is clear ultraviolet protective film or "low E" glass with clear film.
(b) 
Sash and frame materials. Natural materials are preferred, and it is encouraged that wood, the most common building material, be used. Clad wood windows may be used, as well as applied glass dividers to resemble smaller panes where appropriate. Exterior-mounted storm windows shall be prohibited, except for historically accurate wood storm windows; interior-type storm windows should be used when remodeling.
(c) 
Decorative features. All existing wood, brick, stone or metal lintels and any other window trim should be preserved and restored if possible.
(d) 
Doors. Historically, doors featured large amounts of glass. This glass should be clear, and clear glass should be used in restoration unless documentary evidence indicates original use of colored, translucent, or textured glass. Bronze or mirrored glass shall be prohibited as well as tinted film on glass. The only film allowed is clear ultraviolet protective film or "low E" glass with clear film.
(e) 
Door and frame materials. Historically, doors were constructed of wood and glass. The preservation and new use of wooden doors and door frames is highly encouraged on older buildings. Aluminum storefronts are allowed when there is evidence that they are historically correct on a particular building. Aluminum must be an approved color. Bronze is not allowed on existing historic buildings.
(f) 
Shutters. Shutters of wood or other materials are permitted if aesthetically pleasing. All shutters shall have the appearance of wood-like material.
B. 
Decorative features. All existing decorative wood trim should be restored if at all possible.
(1) 
Sizes and proportions. The original proportions, sizes and numbers of plate glass and wall openings should be retained.
(2) 
Window proportions, sizes and orientation. Roughly a 2:1 proportion existed among most second-story windows, with typical sizes ranging from two feet by five feet to three feet by six feet. This typical 2:1 proportion, and the approximate size range, should be retained, as should the vertical orientation of the windows.
(3) 
Numbers of windows per story. Facades of the majority of buildings dating from the 1800's and early 1900's are +/- 25 feet in width. There are normally two windows to four windows (of the size mentioned above) in each story of buildings of this width. Double-width buildings typically display six windows to eight windows. This precedent should be retained. Some buildings have bay windows at the second floor level, and these shall be retained where possible.
(4) 
Design motifs. Most existing original windows display the typical rectangular double-hung windows. A design feature once strong was that of the arch used in several buildings that displayed touches of Italianate Revival design. Restoration of arched windows and lintels is strongly recommended. Use of multipaned windows on commercial buildings was not a typical practice in the early 20th Century and should be discouraged for buildings built after 1900.
(5) 
Transoms. Transom windows were found immediately over the storefront on the majority of buildings. Existing transoms should not be obscured from view outside the building. It is encouraged that transoms be restored.
(6) 
Doors, placement and number. Double doors were often found in the center of the storefront, recessed from the front facade. They were askew if there was a single door leading to the second story included in the storefront design.
(7) 
Design motifs. The wooden doors often had a similar proportion of glass to wood as was seen in the storefront; there was considerably more glass in evidence than wood. Stained glass was used infrequently, although it was used and is appropriate for use today. Clear glass is preferred.
C. 
Display windows.
(1) 
Boxed-in display windows. Boxed-in display windows shall be permitted, provided they are of a minimum twenty-minute fire-rated construction, and equipped with self-closing doors or access panels.
(2) 
Window displays. Window displays in historic districts shall generally conform to the theme of the early 1900's, with the display of historic, period artifacts to help inculcate a sense of theme and place. No distracting light sources, sound speakers or any other object shall be allowed to be placed in nor protrude from any windows except as otherwise specified herein or approved by the Planning Board. Where displays are seasonally themed, they should be changed as necessary. Window displays should be appropriately lit at night.
D. 
Brick.
(1) 
Treatment of existing brick. Brick is the dominant building material of the community, and fanciful cornices, corbelling and detailing sets the downtown area part from modern areas. Brick should be preserved and not defaced, covered over, or treated in such a manner that will accelerate its deterioration.
(2) 
Cleaning brick. Sandblasting techniques have been found to cause accelerated deterioration and should not be used under any circumstances on exterior brick. The booklet entitled "Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings" distributed by the Department of the Interior gives alternatives on the cleaning of brick.
(3) 
Treatment of unpainted brick. Brick has a natural protective finish that allows buildings to withstand environmental effects for many years with a minimum amount of maintenance. The amount and cost of maintenance rises when a brick building is painted, as the paint must be renewed every five years to 10 years. For that reason, it is strongly recommended that any unpainted brick remain unpainted.
(4) 
Treatment of rear and side elevations. Often, only the facades of the downtown buildings were painted. Side and rear elevations may remain unpainted on buildings previously treated in this manner, including those buildings with facades painted over 50% of the facade surface.
(5) 
Colors. Locally made brick was usually (but not always) a medium to dark shade of red.
(6) 
Replacement brick. Replacement brick should match the original brick in color, size, texture and coursing technique. The laying of the bricks should match that of the original bond.
(7) 
Mortar. In replacing brick, the mortar between the joints should match the original mortar in color and size of joint.
E. 
Stucco removal. Removal of stucco from brick facades is very difficult and often damages the brick surface in the process; such removal is discouraged. In such cases where removal of stucco or sandblasting has taken place, the surface should be treated with a clear liquid protectant which must be reapplied every three years to five years. New use of stucco over existing brick buildings is not permitted.
F. 
Signs. In addition to any other requirements of Chapter 300, Zoning, of the Town Code, signs shall comply with the following provisions:
(1) 
Colors of signs shall be historically appropriate to the building's type and style, and complement the facade of the building.
(2) 
Signs should not normally contain more than three different colors.
(3) 
Backlit, plastic signs should be avoided; signs should be illuminated by means of indirect lighting only. Signs should be carved solid wood or painted signs suspended from or flush-mounted on the building. Lettering styles should be in keeping with historic lettering types, such as Times Roman lettering, shadowed, raised or painted. Plastic letters should be avoided. Neon window signs shall not exceed two square feet in overall dimension.
G. 
Fences. Chain-link fences shall be prohibited within front yards. Wooden or vinyl picket, stockade, split-rail, board-on-board, and wrought-iron style fencing should be used.