[HISTORY: Adopted by the Board of Trustees of the Village of Penn Yan 1-17-1989 by L.L. No. 3-1989 (Ch. 33 of the 1969 Code). Amendments noted where applicable.]
[Amended 1-17-2017 by L.L. No. 1-2017]
The purpose of this chapter is to:
A. 
Foster public knowledge, understanding, and appreciation of the beauty and character of the Village and in the accomplishments of its past;
B. 
Ensure the harmonious, orderly and efficient growth and development of the Village;
C. 
Enhance the visual character of the Village by encouraging new design and construction that complements the Village's historic buildings;
D. 
Protect and promote the economic benefits of historic preservation to the Village, its inhabitants and visitors;
E. 
Protect property values in the Village;
F. 
Promote and encourage continued private ownership and stewardship of historic landmarks, buildings and other structures;
G. 
Identify, as early as possible, and resolve conflicts between the preservation of historic landmarks, buildings/structures and potentially incompatible land uses; and
H. 
Conserve valuable resources by ongoing use and maintenance of the existing structures in the Historic Preservation District.
[Amended 8-18-2009 by L.L. No. 4-2009; 3-15-2011 by L.L. No. 3-2011; 1-17-2017 by L.L. No. 1-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this chapter, the following terms shall have the meanings indicated:
ALTERNATE MEMBER
An individual appointed, as provided herein, to serve on the Historic Preservation Commission when requested, to obtain or maintain a quorum.
CODE ENFORCEMENT OFFICER (CEO)
The Code Enforcement Officer of the Village of Penn Yan or such other person or entity authorized and empowered to enforce the provisions of the Code of the Village of Penn Yan.
COMMISSION
The duly appointed Historic Preservation Commission of the Village of Penn Yan.
DISTRICT
The Historic Preservation District, to be known as the “Penn Yan Historic District,” as specifically delineated on a map which shall be filed in the office of the Clerk of the Village of Penn Yan.
EXTERIOR ARCHITECTURAL FEATURE
The architectural style and general arrangement of the exterior of a structure, including the type, color and texture of building materials and the type of all windows, doors, lights, signs and other fixtures appurtenant to such.
STATE OF DISREPAIR
The condition of a structure whereby deterioration or lack of maintenance causes any element or feature of the structure to jeopardize the structural integrity, architectural features or exterior surfaces thereof, including but not limited to vertical supports, walls, roofs, horizontal members, chimneys, foundations, windows or doors.
[Amended 8-18-2009 by L.L. No. 4-2009; 1-17-2017 by L.L. No. 1-2017; 8-16-2022 by L.L. No. 9-2022; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Mayor shall appoint a Historic Preservation Commission composed of five members and two alternate members in accordance with the following:
(1) 
Three members of the Commission and one alternate member shall be either:
(a) 
A legal resident of the Penn Yan Historic District of the Village of Penn Yan; or
(b) 
An owner of property within the Penn Yan Historic District; or
(c) 
Own a business located within the Penn Yan Historic District and be an active participant in the management and operation thereof.
(2) 
Two members and one alternate member may be residents of the Village of Penn Yan from outside the Penn Yan Historic District.
(3) 
In considering appointments to the Commission, a background and/or interest in historic preservation and architecture shall be prioritized.
B. 
The Chairperson of the Commission shall be appointed by the Mayor annually at the start of each official year of the Village and shall be a resident of the Penn Yan Historic District.
C. 
Terms of office; removal for cause.
(1) 
The terms of office of the members and alternate members of the Historic Preservation Commission shall be one year, except that any such term shall terminate immediately upon the member no longer:
(a) 
Being a legal resident of the Village of Penn Yan; or
(b) 
Owning real property within the Penn Yan Historic District; or
(c) 
Owning a business within the Penn Yan Historic District and being an active participant in the management and operation thereof.
(2) 
The Board of Trustees shall have the power to remove for cause by majority vote of the entire Board, after public hearing, any member or alternate member of the Commission. The member or alternate member sought to be removed shall:
(a) 
Receive at least 10 days' written notice of the hearing;
(b) 
Have a right to be heard at such hearing in person and/or by an attorney, as well as to present relevant evidence;
(c) 
Receive in writing the causes alleged to support removal from the Commission;
(d) 
Receive a written decision within 10 days of completion of the public hearing and, in the event of removal, containing specificity as to the causes for removal;
D. 
Powers and duties.
(1) 
General and advisory powers. The Commission shall, from time to time:
(a) 
Review any local laws or regulations, including existing landmark or historic preservation laws or regulations in the Village, and recommend to the Board of Trustees any appropriate amendments thereto;
(b) 
Recommend to the Board of Trustees additional regulations to be adopted by local law that may be appropriate for the Commission to conduct its business, consistent with the scope and intent of this chapter;
(c) 
Recommend to the Board of Trustees specific criteria for regulations to be adopted by local law that identify and catalogue significant historic landmarks and from time to time advise the Board of Trustees on suggested changes thereto;
(d) 
Maintain an inventory of locally designated historic resources within the Village and publicize that inventory;
(e) 
Recommend to the Board of Trustees additional criteria to be adopted by local law to be used when evaluating applications for a certificate of appropriateness;
(f) 
Recommend to the Board of Trustees proposals for the acquisition of preservation easements or other interests in real property;
(g) 
Conduct investigations, prepare maps, reports and recommendations in connection with its advisory authority relating to the planning, development and administration of the Village historic landmarks, buildings any other structures and preservation policies, regulations and local laws as needed;
(h) 
Report on matters referred to it by the Board of Trustees. The Board of Trustees may, by resolution, make a request to the Commission for a report on any matter or class of matters that impact the municipality's historic preservation chapter, policies, regulations or administrative processes before final action is taken thereon by the Board of Trustees or other office of the Village having final authority over said matter. The Board of Trustees may further stipulate that final action thereon shall not be taken until the Commission has submitted its report thereon or has had a reasonable time, to be fixed by the Board of Trustees in said resolution, to submit the report.
(2) 
Administrative reviews. In accordance with the provisions of this chapter, the Commission shall:
(a) 
Evaluate any application for a certificate of appropriateness; approve, approve with modifications or deny any proposal for exterior changes to a designated individual landmark or property within a designated historic preservation district resulting from any such application;
(b) 
Evaluate any application for a certificate of economic hardship; approve, approve with modifications, or deny any such application;
(c) 
Evaluate any application for demolition, removal or relocation of a structure; approve, approve with modifications or deny any such application;
(d) 
Evaluate, without public hearing, an application for ordinary maintenance and repair of historic buildings, landmarks or other structures and approve, approve with modifications or deny any such application;
(e) 
Perform such other functions as the Board of Trustees may designate.
(3) 
The Commission may designate or advise designation of an historic district under this historic preservation chapter. Any historic preservation district is not to be construed as a zoning district under the Village Code. Nothing contained in this chapter shall be construed as authorizing the Commission to adopt a law, bylaw or regulation that regulates or limits the height and bulk of buildings; regulates and determines the area of lots, courts and/or other open spaces; regulates density of population; regulates or restricts the locations of trades and industries; or creates zoning districts for any purpose.
(4) 
The total expenditures of said Commission shall not exceed the appropriation provided by the Board of Trustees together with any public or private grant funding received by the Village for the Commission to undertake its duties.
E. 
Because of the irreversible nature of demolition and the potential loss to the community of significant historic structures, the following shall apply to all applications for demolition:
(1) 
The waiting period contained in § 110-6 of this chapter shall apply.
(2) 
The decision of the Commission shall be based on pertinent historical significance, the economic viability of alternate use of demolition, the present condition of the structure, public comment, future plans for the property, the relationship of the affected parcel to its surrounding parcels and other local factors within the historic district.
F. 
In addition to the aforementioned powers, the Commission shall, subject to funding approved by the Board of Trustees, have power to:
(1) 
Retain or employ professional consultants, secretaries, clerks or other such personnel as may be necessary to assist the Commission in carrying out its duties.
(2) 
Acquire resource material related to architectural, historic preservation and related subjects.
(3) 
Conduct surveys of buildings for the purpose of determining those of historic and/or architectural significance and pertinent facts about them.
(4) 
Formulate recommendations concerning the preparation of maps, brochures and historical markers for selected history and/or architectural sites and buildings.
(5) 
Cooperate with and advise the governing body, the Planning Board and other municipal agencies in matters involving historic and/or architectural sites and buildings.
(6) 
Advise owners of historic buildings of problems of preservation and restoration.
(7) 
Create a three-member subcommittee empowered to issue a certificate of appropriateness for color or paint changes approved by majority vote of such, provided that no external color of a structure, or any part thereof, as proposed by an applicant, shall be disapproved by the commission without an articulated rationale set forth on the record as to why such color is not suitable for the Penn Yan Historic District. All decisions made by this committee may be reviewed and reversed by the Commission at its next regular meeting if acting on a written appeal by the applicant.
(8) 
Designate landmarks and historic districts.
(a) 
The commission, subject to the approval of the Village Board, 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;
[2] 
Is identified with historic personages;
[3] 
Embodies the distinguishing characteristic of an architectural style;
[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) 
Historic districts.
[1] 
The Commission, subject to the approval of the Village Board, may designate a group of properties as an historic district if such group of properties contains properties which meet one or more of the criteria for designating of a landmark and, by reason of possessing such qualities, constitutes a district section of the Village.
[2] 
The boundaries of each historic district designated henceforth shall be specified in detail and shall be filed in writing in the Village Clerk's Office for public inspection.
(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. Notice of such shall also 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 Code Enforcement Officer until the Commission has made its decision.
(d) 
The Commission shall hold a public hearing prior to the designation of any landmarks 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. Minutes of the hearing shall be taken and kept on file at the Village Clerk's office.
(e) 
The Commission shall forward notice of each property designed as a landmark and of the boundaries of each designated historic district to the office of the Yates County Clerk for recordation.
G. 
Nothing contained in this chapter shall be construed as authorizing the Historic Preservation Commission, in acting with respect to any district use or in adopting regulations in relation thereto, to regulate or limit the height and bulk of buildings; to regulate and determine the areas of yards, courts and other open spaces; to regulate density of population; or to regulate and restrict the location of trades and industries or to create districts for any such purpose.
H. 
Except as provided in Subsection G of this section, the Commission may, in exercising or performing its powers, duties or functions under this chapter with respect to any improvement in a district, apply or impose with respect to the construction, reconstruction, alteration, demolition or use of such improvements, determinations or conditions which are more restrictive than those prescribed or made by or pursuant to other provisions of law applicable to such activities, work or use.
I. 
The Code Enforcement Officer is empowered and authorized to enforce the provisions of this chapter.
[Added 3-15-2011 by L.L. No. 3-2011; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The Board of Trustees shall appoint two alternate members to the Commission. Alternate members may be substituted for one or more members of the Commission in the event of a conflict of interest on the part of such members or in the event of the lack of a quorum of members of the Commission. The substitution of an alternate member shall be made by the Chairperson of the Commission, on the record, at the commencement of each meeting at which such alternate member is substituted.
B. 
In the event of the substitution of an alternate member for the purposes of providing a quorum for the Commission, or in the case of a conflict of interest, such alternate member shall not participate in any vote taken by the Commission unless that alternate member has first fully reviewed all of the records, documentation and minutes of previous proceedings pertaining to the matter being voted upon and asserts on the record of the meeting that such review has occurred.
C. 
When designated to substitute for a regular Commission member, alternate Commission members shall possess all the powers of a regular member of the Commission. Such designation shall be entered into the minutes of the initial Commission meeting at which the substitution is made. An alternate Commission member may consider and vote on an application made on a date or dates prior to substitution of the alternate Commission member provided that Subsection B of this section has been complied with.
D. 
Any decision or determination of the Commission which includes the vote of one or more alternate Commission members shall have equal force and effect as decisions and determinations made solely by a vote of the regular members of the Commission, provided that Subsection B of this section has been complied with.
E. 
All provisions of law, regulations and policy relating to the training, continuing education, meeting attendance, compensation, eligibility, vacancy in office, removal and service which apply to a regular Commission member shall apply to alternate members.
F. 
In providing for alternate members to sit in substitution for regular members where a quorum is lacking for the Commission, it is the intent of this section to supersede any applicable provision of law to the contrary.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Each member and alternate member of the Commission shall complete a minimum of four hours of training each year in subject matter which will directly improve that person's ability to more effectively carry out the powers and duties with respect to their membership on the Commission.
B. 
Such mandatory training shall be a prerequisite to reappointment to the Commission.
C. 
No decision of the Commission shall be voided or declared invalid as a result of the failure of any member or alternate member to have completed the requisite mandatory minimum training.
A. 
Application. This chapter shall apply to all buildings, structures, outbuildings, walls, fences, steps, topographical features, earthworks, paving and signs. No changes in any exterior architectural feature, including but not limited to construction, reconstruction, alteration, restoration, removal, demolition or painting, shall be made except as hereinafter provided.
B. 
Exception. Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature in the district which does not involve a change in design, material, color or the outward appearance thereof. Nothing in this chapter shall be construed to prevent the construction, reconstruction, alteration or demolition of any exterior architectural feature which the Code Enforcement Officer shall certify is required by public safety because of dangerous or unsafe conditions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Notwithstanding any inconsistent ordinance, local law, code, rule or regulation concerning the issuance of building permits, no change in any exterior architectural feature in the district shall be commenced without a certificate of appropriateness from the Commission, nor shall any building permits for such change be issued without such a certificate of appropriateness having first been issued. The certificate of appropriateness required by this section shall be in addition to and not in lieu of any building permit that may be required by any ordinance, local law, code, rule or regulation of the Village of Penn Yan, New York.
B. 
Application for a certificate of appropriateness shall be made, in writing, in duplicate upon forms prescribed by the Commission, to the Commission and, depending on the scope of the project, shall contain the following:
(1) 
The name, address, email address and telephone number of the applicant.
(2) 
The location of the building, structure or land the exterior architectural features of which are proposed to be changed.
(3) 
Plans and elevation of the proposed change.
(4) 
Perspective drawings.
(5) 
Samples of color or materials to be used for the proposed change.
(6) 
Where a proposed change includes signs or lettering, a scale drawing showing the type of lettering, all dimensions and colors; a description of materials to be used and method of illumination, if any; and a plan showing location on building or property.
[Amended 10-16-2018 by L.L. No. 6-2018; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Within a reasonable time after the application is filed, but in all events within 15 days, Saturdays, Sundays and legal holidays excluded, after such filing or within such further time as the applicant may in writing allow, the Commission shall determine whether the proposed construction, reconstruction or alteration of the exterior architectural feature involved will be appropriate.
B. 
In passing upon an application for a certificate of appropriateness, the Commission shall not consider changes to interior spaces. 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 their historic character, as well as with the surrounding district.
(3) 
New construction shall be compatible with the district in which it is located.
C. 
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.
D. 
In denying or modifying a certificate of appropriateness, the Commission shall state, in writing, the reasons for such denial or modification.
E. 
The Commission shall provide written notice of its decision to the applicant within five days of that decision. In the event of a denial, the notice of decision shall include a full explanation of the reasons supporting that denial.
[Amended 9-6-1993 by L.L. No. 4-1993; 8-18-2009 by L.L. No. 4-2009; 10-16-2018 by L.L. No. 6-2018; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any decision of the Commission may be appealed to the Board of Trustees of the Village of Penn Yan. An appeal from a decision of the Board of Trustees shall be pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York.
B. 
Appeals to the Commission based upon hardship.
(1) 
An applicant whose certificate of appropriateness for a proposed demolition or alteration of a building which has been denied may apply for relief on the grounds of hardship. 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.
(2) 
Hardship application procedure.
(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) 
All decisions of the Commission shall be in writing. A copy shall be sent to the applicant by certified mail and a copy filed with the Village Clerk's office for public inspection. The Commission's decision shall state the reasons for granting or denying the hardship application.
C. 
Appeal to the Board of Trustees.
(1) 
An appeal to the Board of Trustees shall be made by filing such with the Village Clerk, with a copy also filed with the Clerk/Secretary to the Commission.
(2) 
The appeal must be filed within 30 days of the date of the notice of decision being appealed from.
(3) 
The appeal must include the following:
(a) 
A clear statement that an appeal is being made from a decision of the Commission.
(b) 
A copy of the decision being appealed from.
(c) 
A statement of the relief that had been sought from the Commission.
(d) 
A full recitation of the reasons that the decision of the Commission should be changed.
(4) 
The Village Clerk shall, within five business days of receipt of the appeal, provide a copy of the entire appeal package to the Clerk/Secretary of the Commission.
(5) 
The Village Clerk shall schedule a hearing before the Board of Trustees not less than 14 days but no more than 30 days after the filing of the appeal. Notice of the hearing location, date and time shall be given to the applicant, by mail, at least 10 days prior to the hearing. The Village Clerk shall also give notice to the Clerk of the Commission of said hearing at least 10 days in advance of the hearing.
(6) 
At the hearing, the applicant for the appeal shall be permitted to make a presentation in support of the appeal, be represented by legal counsel, present documentation in support of the appeal and present witnesses with expertise on the relevant issues of the appeal.
(7) 
The Commission may be represented at the hearing by a member thereof, who shall be permitted to make a presentation in support of the decision of the Commission as well as to present expert testimony pertaining to relevant issues.
(8) 
The Board of Trustees shall render a decision on the appeal within 30 days of the conclusion of the hearing. The Village Clerk shall give written notice of such decision to the applicant within 10 days of the date of the decision. A copy of such written notice shall be filed with the Clerk/Secretary of the Commission.
[Amended 8-17-1999 by L.L. No. 4-1999]
All work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to the requirements included therein. It shall be the duty of the Code Enforcement Officer to inspect periodically any such work to ensure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness, or if, in the performance of his duties, the Code Enforcement Officer finds a required certificate of appropriateness has not been issued, 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 the stop-work order is in effect.
[Amended 1-17-2017 by L.L. No. 1-2017]
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of landmark or property within an historic district which does not involve a change in design, material, color or outward appearance.
[Amended 9-6-1993 by L.L. No. 4-1993; 1-17-2017 by L.L. No. 1-2017; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
No owner or person in possession or control of a property located in the Historic Preservation District, or otherwise designated as a historic structure by a state or federal agency, shall demolish, alter, construct or permit such property to fall into a state of disrepair in the absence of a certificate of appropriateness, a finding of economic hardship or other approval by the Commission prior thereto.
B. 
The Commission may advise the Code Enforcement Officer of any condition which appears to be a violation of this chapter. Upon such notification, the Code Enforcement Officer shall duly investigate and submit a written report to the Secretary of the Commission within a reasonable time.
C. 
Maintenance of structures within the Historic Preservation District, or otherwise designated historic structures, is required in conformance with the Property Maintenance Code of the State of New York as well as the provisions hereof and any other applicable regulations.
D. 
Penalties. A violation of this chapter is an offense punishable as follows:
(1) 
First conviction: A first conviction for violation of this chapter shall be punished by a fine not exceeding $250.
(2) 
Second conviction: A second conviction for violation of this chapter within five years shall be punishable by a fine not less than $150 nor more than $500 or incarceration for a period not to exceed 10 days, or both such fine and incarceration;
(3) 
Third conviction: A third or subsequent conviction for violation of this chapter within five years shall be punishable by a fine of not less than $250 nor more than $1,000 or incarceration for a period not to exceed 15 days, or both such fine and incarceration.
(4) 
Each month that an alleged violation continues shall be a separate prosecutable offense.
(5) 
In addition to the penalties prescribed above, such other relief may be pursued as is available by law.
(6) 
As an alternative to or in addition to a fine and/or incarceration as provided in this subsection, the person violating such provision may be sentenced to community service. Such a community service sentence would be imposed as a definite term of hours of work to be served under the direction of the Department of Public Works of the Village of Penn Yan and be pursuant to an order of conditional discharge issued by the court.