[HISTORY: Adopted by the Council of the City
of Beacon 10-21-1991 by L.L. No.
10-1991; amended in its entirety 11-16-2020 by L.L. No.
11-2020. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 223.
The City of Beacon wishes to encourage the preservation of properties
that are of special historical or architectural significance.
An Historic District and Landmark Overlay Zone (HDLO) is hereby
established for the purpose of encouraging the preservation of properties
of special historical or architectural significance.
Unless specifically defined below, words or phrases in this
chapter shall be interpreted so as to give them the same meanings
as they have in common usage and so as to give this chapter its most
reasonable application.
Any act or process that changes one or more of the identified
historical features of a structure that is visible from a public street,
public sidewalk or public park, including but not limited to the construction,
demolition, moving or removal of any structure. For the purposes of
this chapter, alteration excludes maintenance, repair or replacement
of an identified historical feature which does not involve a change
in design or outward appearance, as well as plumbing and/or electrical
work and any minor, accessory, utility or security-related changes
that do not substantially detract from the historic property. In the
HDLO Zone, a building permit and certificate of appropriateness are
required for an alteration.
A certificate issued by the Planning Board authorizing the
alteration, construction or demolition of an identified historical
feature of a designated historic property or structure located wholly
or partially within a designated historic district.
A certificate issued by the Zoning Board of Appeals authorizing
the alteration, construction or demolition where a certificate of
appropriateness has previously been denied by the Planning Board.
An exterior feature of a structure or property specifically
identified as a contributing historic element in the Historic Resource
Inventory Form and open to view from a public street, public sidewalk
or public park. Where an historic property does not have an Historic
Resource Inventory Form, the design and general arrangement of the
exterior of a structure open to view from a public street, public
sidewalk or public park, including the nature and style of the building,
windows, doors, or similar items found on or related to the exterior
of an historic structure, shall be considered an identified historical
feature.
An area designated as an "historic district" by action of
the City Council in enacting this chapter and which contains within
definable geographic boundaries one or more landmarks and which may
have within its boundaries other properties or structures that, while
not of such historic and/or architectural significance to be designated
as landmarks, nevertheless contribute to the overall visual characteristics
of the landmark or landmarks located within the historic district.
A property or structure designated as a landmark by action
of the City Council pursuant to this chapter. This definition shall
also include all nonhistoric properties located in an area designated
as an historic district by action of the City Council.
A.
The City Council may act upon its own initiative, or upon petition from the owner of a proposed landmark, site, structure or property, the Planning Board, or an historic preservation committee, to consider designation of an historic district or historic landmark, site, structure or property. All designated historic districts and landmarks shall be included in the HDLO. All nominations shall include a New York State Office of Parks, Recreation and Historic Preservation Historic Resource Inventory Form, or an equivalent form, describing the building and site and identifying the criteria for nomination under§ 134-4B.
B.
The City Council shall determine whether a proposed district or landmark
meets one or more of the following criteria:
(1)
Has distinguishing architectural characteristics of a period, style,
method of construction, indigenous materials or craftsmanship;
(2)
Has special character or historic or aesthetic interest or value
as part of the cultural, political, economic or social history of
the community;
(3)
Is eligible for inclusion on the State or National Registers of Historic
Places.
C.
Notice of a proposed designation shall be sent by certified mail
or personal delivery to the owner of the property proposed for designation,
describing the property proposed and announcing a public hearing by
the City Council to consider the designation. Once the City Council
has issued notice of a proposed designation, no building permits shall
be issued by the Building Inspector until the Council has made its
decision.
D.
Notice of the public hearing shall be given by publication in a newspaper
of general circulation in the City of Beacon at least 14 calendar
days prior to the date of such hearing.
E.
The City Council shall hold a public hearing prior to designation
of any landmark or historic district.
F.
In determining whether to designate a new historic property, the City Council shall consider the factors listed in § 134-4B and any testimony or evidence presented during the public hearing.
G.
The City Council shall make a decision within 60 days of the conclusion
of the hearing on the proposed designation. If the City Council fails
to act within 60 days, or fails to extend the period in which to act,
the designation shall be deemed to have been denied. A supermajority
vote of five Council members is necessary to designate a new historic
landmark if the property owner objects to such designation.
H.
The City Council shall notify the owner of each designated historic
landmark.
I.
Designated historic landmarks shall be shown on the City of Beacon
Zoning Map.
A.
Applicability. Applications for a building permit involving alteration,
construction, or demolition of an identified historical feature of
a designated historic landmark or property located wholly or partially
within a designated historic district shall require certificate of
appropriateness approval from the Planning Board. No building permit
shall be issued until a certificate of appropriateness has first been
issued by the Planning Board or a certificate of economic hardship
is approved by the Zoning Board. If a certificate of appropriateness
has been approved, then a building permit or any other approval issued
for the same work or activity shall be consistent with the terms and
requirements of the certificate of appropriateness. If the certificate
of appropriateness is denied, the Building Inspector shall refuse
to grant a building or other permit. Nothing in this chapter shall
be construed to prevent the ordinary maintenance and repair of any
identified historical feature of a landmark or property within an
historic district which does not involve a change in design or outward
appearance.
B.
Application. The Building Inspector shall transmit any building permit application involving alteration, construction, or demolition of an identified historical feature of an historic property or structure located wholly or partially within a designated historic district to the Planning Board. Prior to transmitting the building permit application, the Building Inspector shall advise the applicant whether additional drawings, building material samples or any other information is required as the Building Inspector, in their discretion, deems necessary and appropriate to assist the Planning Board's review. The Planning Board shall review the building permit application pursuant to the criteria set forth in § 134-6C to determine whether to issue a certificate of appropriateness.
C.
Criteria. In determining whether to issue a certificate of appropriateness,
the Planning Board shall give consideration to the following:
(1)
The historic or architectural value or significance of the structure
and its relation to the historic character of the surrounding area.
(2)
The relationship of the identified historical features of such structure
to the rest of the structure and to the surrounding area.
(3)
For an addition or new structure, the compatibility of exterior design
in terms of scale, arrangement, texture and materials proposed, roof
and cornice forms, if applicable, spacing and proportion of windows
and doors, exterior architectural details, and street-front fixtures.
D.
Review.
(1)
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 ordinance of the City of Beacon. Where site
plan review, special permit or subdivision approval is also required
for the application, the certificate of appropriateness procedure
shall be conducted simultaneously with such review by the Planning
Board.
(2)
The Planning Board shall approve, deny or approve the permit with
modifications within 60 days from the Planning Board's receipt
of the completed building permit application. The Planning Board 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. Notice of the public hearing shall be provided by the
applicant in the same manner as required in § 223-61.2B.
In applying the principle of compatibility, the City Council
or Planning Board shall use the following standards when considering
any application in the Central Main Street District, a site development
plan application, or special permit, pertaining to a designated historic
property. Standards using the verb "shall" are required; "should"
is used when the standard is to be applied unless the Planning Board
or City Council finds a strong justification for an alternative solution
in an unusual and specific circumstance; and "may" means that the
standard is an optional guideline that is encouraged but not required.
A.
The design, character, and appropriateness to the property of the
proposed alteration or new construction.
(1)
Construction shall build on the historic context with applications
required to demonstrate aspects of inspiration from or similarities
to adjacent HDLO structures or historic buildings in the surrounding
area.
(2)
Compatibility does not imply historic reproduction, but new architecture
shall also not arbitrarily impose contrasting materials, scales, colors,
or design features.
(3)
The intent is to reinforce and extend the traditional patterns of
the HDLO District, but new structures may still be distinguishable
in up-to-date technologies and details, most evident in window construction
and interiors.
(4)
Exterior accessory elements, such as signs, lighting fixtures, and
landscaping, shall emphasize continuity with adjacent HDLO properties
and the historic characteristics of the sidewalk and streetscape.
(5)
Where possible, parking shall be placed towards the rear of the property
in an unobtrusive location with adequate screening from public views,
unless another location provides better screening.
B.
The scale and height of the proposed alteration or new construction
in relation to the property itself, surrounding properties, and the
neighborhood.
(1)
Where possible, an addition to an historic structure should be placed
towards the rear, or at least recessed, so that the historic structure
remains more prominent than the subsidiary addition.
(2)
Any alteration or addition to an historic structure shall not damage
or obscure the character-defining features of the architecture or
site to the maximum extent possible.
(3)
The height of any new building facades in the HDLO shall not conflict
with the heights of adjacent historic structures on adjoining HDLO
parcels.
(4)
Larger buildings or additions should incorporate significant breaks
in the facades and rooflines, generally at intervals of no more than
35 feet.
C.
Architectural and site elements and their relation to similar features
of other properties in the HDLO.
(1)
It is not appropriate to disrupt the relationship between an historic
building and its front yard or landscape, including screening historic
properties from traditional street views by high walls or hedges.
(2)
Historic storefronts, porches, cornices, window and door surrounds,
or similar architectural features should not be enclosed, obscured,
or removed so that the character of the structure is substantially
changed.
(3)
Deteriorated building features should be repaired rather than being
replaced and, if not repairable, should be replicated in design, materials,
and other historic qualities.
(4)
New buildings in the HDLO should have a top-floor cornice feature
or eave and first-floor architectural articulation, such as an architecturally
emphasized entrance doorway or porch, to accent the central body of
the building.
(5)
Architectural features and windows shall be continued on all sides
that are clearly visible from a street or public parking area, avoiding
any blank walls, except in cases of existing walls or potential common-property
walls.
(6)
New HDLO buildings shall have a front entrance door facing the primary
street and connected to the sidewalk.
(7)
Primary individual window proportions shall be greater in height
than width, but the approving body may allow exceptions for storefront,
transom, and specialty windows. Mirrored, reflective, or tinted glass
and all-glass walls, except greenhouses, shall not be permitted. Any
shutters shall match the size of the window opening and appear functional.
(8)
Finish building materials should be wood, brick, traditional cement-based
stucco, stone, smooth cast stone, smooth-finished fiber-cement siding,
or other materials deemed acceptable by the approving body. Vinyl,
aluminum or sheet metal siding or sheet trim, exposed concrete blocks
or concrete walls, plywood or other similar prefabricated panels,
unpainted or unstained lumber, synthetic rough-cut stone, synthetic
brick, synthetic stucco, exterior insulation and finishing system
(EIFS), direct-applied finish system (DAFS), and chain-link, plastic,
or vinyl fencing shall not be permitted.
(9)
Materials and colors should complement historic buildings on the
block. Fluorescent, neon, metallic, or other intentionally garish
colors, as well as stripes, dots, or other incompatible patterns,
shall be prohibited.
(10)
Mechanical equipment and refuse containers shall be concealed
from public view by approved architectural or landscaping elements
and shall be located to the rear of the site. Window or projecting
air conditioners shall not be permitted on the front facade of new
buildings or additions.
A.
An applicant whose certificate of appropriateness has been denied
may apply to the Zoning Board of Appeals for a certificate of economic
hardship to obtain relief from the requirements of this chapter. Upon
receipt of an application for relief, the Zoning Board shall, within
45 calendar days thereafter, hold a public hearing. Notice of the
public hearing shall be provided by the applicant in the same manner
as required in § 223-61.2B.
B.
At the public hearing, the Zoning Board may hear testimony and entertain
the submission of written evidence from the applicant and/or the public.
C.
To obtain a certificate of economic hardship, the applicant must
prove the existence of economic hardship by establishing that:
(1)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
and
(2)
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; and
(3)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
D.
The Zoning Board shall take into consideration the economic feasibility
of alternatives to alteration, construction or demolition of a landmark,
or portion thereof, and balance the interest of the public in preserving
the historic landmark or building, or portion thereof, and the interest
of the owner in removing, altering or demolishing the landmark or
portion thereof.
E.
The Zoning Board shall make a decision within 30 days of the conclusion
of the hearing on the application. The Board's decision shall
be in writing and shall state the reasons for granting or denying
the hardship application.
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 Inspector to inspect
periodically any such work to assure compliance. In the event that
work is found that is not performed in accordance with the certificate
of appropriateness, or upon notification of such fact by the Planning
Board, the Building Inspector 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.
The applicant shall not be charged an application fee, professional
review fees or fees to prepare and publish any public notice incurred
in connection with the certificate of appropriateness or economic
hardship application, except for any fees associated with another
land use application concerning the historic property.
Any person who is granted a certificate of appropriateness and performs the work detailed in the application submitted to the Planning Board will not be subject to an increase in assessment for the subject property as a result of the improvements made to the buildings and structures on said property. This clause does not apply to applicants who also receive a special permit as set forth in § 223-18 of Chapter 223, Zoning.
