[HISTORY: Adopted by the Town Board of the
Town of Perinton 2-11-1987 by L.L. No. 1-1987 (Ch. 96 of the 1976
Code). Amendments noted where applicable.]
This chapter shall be known and cited as the
"Historic Preservation Law of the Town of Perinton."
In accordance with § 96-a of the General
Municipal Law of the State of New York entitled "Protection of historical
places, buildings and works of art," the Town Board of the Town of
Perinton has authority to provide by regulations, special conditions
and restrictions for the protection, enhancement, perpetuation and
use of places, districts, sites, buildings, structures, works of art
and other objects having special character or special historical or
other aesthetic interest or value. Pursuant to that authority, the
Town Board has prepared and adopted this chapter, setting forth standards
to be followed in historic preservation.
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 Perinton 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 Perinton's historic, architectural
and cultural heritage.
B. Foster civic pride in the accomplishments of the past.
C. Protect and enhance Perinton'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 Town of Perinton.
E. Stabilize and improve property values.
There is hereby created a commission to be known
as the "Perinton Historic Architecture Commission."
A. The Commission shall consist of five members to be
appointed by the Town Board. Members shall be residents of the Town
of Perinton who shall have a known interest in historic preservation
and architectural development within the Town of Perinton.
B. Commission members shall serve for a term of three
years, with the exception of the initial term of two of the members,
which shall be one year, two which shall be two years and one which
shall be three years.
[Amended 7-14-1993 by L.L. No. 9-1993]
C. The Chairman of the Commission shall be appointed
by the Town Board to a two-year term, and the Vice Chairman shall
be elected by and from among the members of the Commission.
D. The powers of the Commission shall include:
(1) Appointment of staff and professional consultants
as necessary to carry out the duties of the Commission, with compensation
only as approved by the Town Board.
(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) Provisions for surveys of significant historic, architectural
and cultural landmarks and historic districts within the Town.
(5) Designation of identified structures or resources
as landmarks and historic districts.
(6) Acceptance on behalf of the Town government of the
donation of facade easements and development rights and the making
of recommendations to the Town 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 Town government concerning
the utilization of state, federal or private funds to promote preservation
of landmarks and historic districts within the Town.
(9) Recommending acquisition of landmark structures by
the Town government where their 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 quarterly, 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 Supervisor.
F. A quorum for the transaction of business shall consist
of three of the Commission's members, and not fewer than three may
grant or deny a certificate of appropriateness.
G. All voting members shall have inspected the property
concerned before voting on a certificate of appropriateness.
[Amended 5-24-2000 by L.L. No. 3-2000; 2-24-2010 by L.L. No.
1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No. 2-2020]
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;
(2) Is identified with historic personages;
(3) Embodies the distinguishing characteristics 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. The Commission may designate a group of properties as a historic
district if it:
(1) Contains properties which meet one or more of the criteria for designation
of a landmark.
(2) By reason of possessing such qualities, constitutes a distinct section
of the Town.
C. The boundaries of each historic district designated henceforth shall
be specified in detail and shall be filed, in writing, in the Town
Clerk's office for public inspection.
D. Notice of a proposed designation shall be sent by first class mail
to the owners of each of the properties proposed for designation,
describing the properties proposed and announcing the date, time and
place of a public hearing by the Commission to consider the designation.
Such notice must be posted on the signboard maintained by the Town
Clerk at least 10 but not more than 20 days prior to the date of the
public hearing. Once the Commission has issued notice of a proposed
designation, no building permits nor demolition permits shall be issued
by the Director of Building and Codes until the Commission has made
its decision. A property owner who wants to do work on his property
may request, by first-class mail sent to the Town's Director of Building
and Codes, that a determination on the proposed designation be made
within 62 days of receipt of such request. Failure of the Historic
Architecture Commission to timely comply with a request for such determination
shall release the hold on a requested building or demolition permit.
E. 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.
F. Local preservation districts and/or individual landmarks are decided
by the Commission.
G. The Town Clerk shall forward notice of each property designated as
a landmark and of the boundaries of each designated historic district
to the office of the Monroe County Clerk for recordation.
[Amended 7-14-1993 by L.L. No. 9-1993; 11-29-2006 by L.L. No. 7-2006]
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 changes in the appearance of such a property,
its light fixtures, signs, sidewalks, fences, steps, paving or other
exterior elements visible from a public street or alley or the public
right-of-way, without first obtaining a certificate of appropriateness
from the Commission. All certificates of appropriateness will automatically
terminate one year after they are granted unless significant work
has commenced on the project.
[Amended 7-14-1993 by L.L. No. 9-1993; 11-29-2006 by L.L. No.
7-2006]
In approving applications for certificates of
appropriateness, the Historic Architecture Commission shall consider
and evaluate the propriety of issuing the certificate in terms of
its effect on the purposes for which landmarks and preservation districts
are designated. When acting upon an application for a certificate
of appropriateness, the Historic Architecture 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 or the public right-of-way. In approving applications for
certificates of appropriateness, the Historic Architecture Commission
shall be guided by the following standards and considerations.
A. Properties which contribute to the character of the
historic district shall be retained, with their historic features
altered as little as possible. Any alteration of an existing property
shall be compatible with its historic character, as well as with the
surrounding district.
B. 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 quality of the open spaces between buildings and
in setback spaces between street and facade.
(2) The quality of materials and their relationship to
those in existing adjacent structures.
(3) The quality of the design in general and its relationship
to the overall character of the neighborhood.
(4) The quality of the site development in terms of recreation,
pedestrian access, automobile access, parking and servicing, and the
retention of trees and shrubs to the extent possible.
(5) The scale of proposed alteration or new construction
in relation to the property itself, surrounding properties, and the
neighborhood.
(6) Texture and materials and their relation to similar
features of other properties in the neighborhood.
(7) 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. New and existing buildings and structures, and appurtenances
thereof, which are moved, reconstructed, materially altered, or repaired
shall be visually compatible in terms of the following criteria:
(a)
Height. The height of the proposed buildings
and structures shall be visually compatible with adjacent buildings.
(b)
Proportion of front facade. The relationship
of the width to the height of the front elevation shall be visually
compatible with buildings, public ways, and places to which it is
visually related.
(c)
Proportion of openings. The relationship of
the width to height of windows shall be visually compatible with buildings,
public ways, and places to which the building is visually related.
(d)
Rhythm of solids to voids in front facades.
The relationship of solids to voids in the front facade of a building
shall be visually compatible with buildings, public ways, and places
to which it is visually related.
(e)
Rhythm of spacing and buildings on streets.
The relationship of a building or structure to the open space between
it and adjoining buildings or structures shall be visually compatible
with the buildings, public ways and places to which it is visually
related.
(f)
Rhythm of entrance porch and other projections.
The relationship of entrances and other projections to sidewalks shall
be visually compatible with the buildings, public ways, and places
to which it is visually related.
(g)
Relationship of materials, texture, and color.
The relationship of the materials, texture, and color of the facade
shall be visually compatible with the predominant materials used in
the buildings and structures to which it is visually related.
(h)
Roof shapes. The roof shape of a building shall
be visually compatible with the buildings to which it is visually
related.
(i)
Walls of continuity. Building facades and appurtenances,
such as walls, fences and landscape masses, shall, when it is a characteristic
of the area, form cohesive walls of enclosure along a street, to ensure
visual compatibility with the buildings, public ways and places to
which such elements are visually related.
(j)
Scale of a building. The size and mass of buildings
and structures in relation to open spaces, windows, door openings,
porches and balconies shall be visually compatible with the buildings,
public ways and places to which they are visually related.
(k)
Directional expression of front elevation. A
building shall be visually compatible with the buildings, public ways,
and places to which it is visually related in its directional character,
whether this be vertical character, horizontal character or nondirectional
character.
(8) The importance of historic, architectural, or other
features to the significance of the property.
(9) Special considerations for existing buildings. For
existing buildings, the Historic Architecture Commission shall consider
the availability of materials, technology, and craftsmanship to duplicate
existing styles, patterns, textures and overall detailing. When several
acceptable alternatives are appropriate, costs may be considered by
the Historic Architecture Commission.
[Amended 12-10-1997 by L.L. No. 6-1997;2-24-2010 by L.L. No. 1-2010; 5-23-2012 by L.L. No. 1-2012; 12-18-2019 by L.L. No. 2-2020]
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 Commission. Such filing is to take place in the Town Building
and Codes Department on such forms as may be prepared. 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 the relationship to adjacent properties,
if available.
(5) Samples of 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, 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 Commission.
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 chapter of the Code of the Town of Perinton.
C. The Commission shall approve, approve with modifications or deny
the application within 60 days from the receipt of the completed application.
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. All properties related to applications
shall be subject to the posting of "notice of application/property
under review" signs in accordance with guidelines set by the Director
of Buildings and Codes. Said sign shall notify the public of a pending
application and hearing and shall be posted not less than 14 days
prior to and up to the date of the hearing.
[Amended 3-24-2021 by L.L. No. 2-2021]
D. All decisions of the Commission shall be in writing. A copy shall
be sent to the applicant by first-class mail and a copy filed with
the Town Clerk. The Commission's decision shall state the reasons
for its decision.
E. A fee as set from time to time by the Town Board shall accompany
the application.
[Amended 11-29-2006 by L.L. No. 7-2006]
A. Certificate of economic hardship.
(1) Authority. The Historic Architecture Commission shall
have authority to issue certificates of economic hardship in accordance
with the provisions of this section.
(2) Purpose. The certificate of economic hardship is intended
to provide a means by which relief may be granted from a certificate
of appropriateness decision that creates an economic hardship. The
hardship procedure shall be utilized only in conjunction with the
denial of a certificate of appropriateness application.
(3) Certificate of economic hardship standards.
(a)
General. The Historic Architecture Commission
shall have the power to vary or modify adherence to the standards
for a certificate of appropriateness and issue certificates of economic
hardship which shall function as a certificate of appropriateness
when:
[1]
Based on extraordinary replacement or maintenance
costs, there is a lack of reasonable return for income-producing property.
[2]
There is a lack of reasonable use for residential
purposes for non-income-producing property.
(b)
Demolition. Specifically in the case of a demolition,
the applicant is required to show all of the following:
[1]
That the property is incapable of earning a
reasonable return, regardless of whether that return represents the
most profitable return possible;
[2]
That 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;
[3]
Efforts to find a purchaser interested in acquiring
the property and preserving it have failed; and
[4]
That the claimed hardship is not self-imposed
or self-created.
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 shall 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. The application shall contain all of the following
information and documentation at the discretion of the HAC.
[Amended 11-29-2006 by L.L. No. 7-2006]
(1) Form of ownership or operation of the property, whether
sole proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture or other.
(2) Amount paid for the property, the date of purchase
and the party from which purchased, including a description of the
relationship, if any, between the owner of record or applicant and
the person from whom the property was purchased, and any terms of
financing between the seller and the buyer.
(3) Remaining balance on any mortgage or other financing
secured by the property and annual debt service, if any, for the previous
two years.
(4) Any appraisals obtained within the previous two years
by the owner or applicant in connection with the purchase, financing
or ownership of the property or, if no such appraisal exists, a new
appraisal and purposes for which money has/will be expended which
the property has been used to secure.
(5) Any listing of the property within the past two years
for sale or rent, price asked and offer received, if any, and sale
prices of properties of comparable size and/or construction in a rehabilitated
condition.
(6) If the property is income-producing, the annual gross
income from the property for at least the previous two years, itemized
income revenue, operating and maintenance expenses for the previous
two years, and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period.
(7) Assessed value of the property according to the two
most recent assessments and assessment value of comparable property.
(8) Real estate taxes and other governmental surcharges
for the previous two years.
(9) A report from a licensed engineer or architect with
demonstrated experience in rehabilitation of historic structures as
to the structural soundness of any structures on the property and
their suitability for rehabilitation.
(10)
An appraisal of the market value of the property
in its current condition, including estimates of market value after
completion of the proposed construction, alteration or removal.
(11)
Cost estimates by three different contractors
with demonstrated experience within the last five years in the rehabilitation
of historic structures qualified to perform the proposed work as planned
and as required.
(12)
In the case of a proposed demolition, an estimate
from a licensed architect or engineer, or developer with demonstrated
experience within the last five years in rehabilitation of historic
structures, as to the economic feasibility of rehabilitation or reuse
of the existing structure on the property; such professional may be
asked to submit a listing of projects completed within the last five
years.
(13)
Any other information considered necessary by
the Historic Architecture Commission to make a determination on an
applicant's claim of economic hardship.
E. All decisions of the Commission shall be in writing,
and shall be made within 62 days following the conclusion of the public
hearing. A copy shall be sent to the applicant by first-class mail
and a copy filed with the Town Clerk. The Commission's decision shall
state the reasons for its decision.
[Added 11-29-2006 by L.L. No. 7-2006]
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 and, upon completion
of any such work, to assure compliance. If work is found that is not
being performed in accordance with the certificate of appropriateness,
or upon notification of such fact by the 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 a historic district which
does not involve a change in design, material or outward appearance.
B. No owner or person with an interest in real property
designated as a landmark or included within a 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 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 result in the termination of any permits issued or any proceedings commenced under the provisions of this chapter, and penalties for violations thereof shall be under the Enforcement Procedures Law, Chapter
115 of the Code of the Town of Perinton, as the same may be amended from time to time.
B. Any person who demolishes, alters, constructs or permits
a designated property or a property proposed for designation 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 Town Attorney upon authorization by the Town Board.
This civil remedy shall be in addition to and not in lieu of any criminal
prosecution and penalty.
[Amended 5-24-2000 by L.L. No. 3-2000]
Any person aggrieved by a decision of the Commission
relating to designation, hardship or a certificate of appropriateness
may, within 30 days of the filing of the decision in the Town Clerk's
office, file a written application with the Town Board for review
of the decision. The Town Board shall schedule a public hearing on
the matter without unnecessary delay.
Where this chapter imposes greater restrictions
than are imposed by the provisions of any law, ordinance, regulation
or private agreement, the provisions of this chapter shall control.
Where greater restrictions are imposed by any law, ordinance, regulation
or private agreement than are imposed by this chapter, such greater
restrictions shall not be affected by this chapter.
No decision to carry out or approve an action
subject to the provisions of this chapter shall be rendered by any
department, board, commission, officer or employee of the Town of
Perinton until there has been full compliance with all requirements
of this chapter. This shall not prohibit environmental, engineering,
economic feasibility or other studies, preliminary planning or budgetary
processes, nor the granting of an application relating only to technical
specifications and requirements, but not authorizing commencement
of action until full compliance with this chapter has been met.
This chapter shall apply to the entire area
of the Town of Perinton, excluding that area within the corporate
limits of the Village of Fairport.
The Town Board may from time to time amend,
supplement, change, modify or repeal this chapter pursuant to the
provisions of the Town Law and the General Municipal Law applicable
thereto.