[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 5-27-1986 by L.L. No. 1-1986 (Ch. 92 of the 1976
Code); amended in its entirety 12-12-2022 by L.L. No. 8-2022. Subsequent amendments
noted where applicable.]
This chapter shall be known and may be cited as the "Village
of Lancaster Historic District and Landmarks Preservation Chapter."
A.
The Village Board of Trustees finds that there exist within the Village
of Lancaster places, sites, structures and buildings of historic or
architectural significance, antiquity, uniqueness of exterior design
or construction which should be conserved, protected and preserved
to maintain the architectural character of Lancaster Village, to contribute
to the aesthetic value of the Village and to promote the general good,
welfare, health and safety of the Village and its residents.
B.
The purpose of this chapter is to promote the general welfare by
providing for the identification, protection, enhancement, perpetuation,
and use of buildings, structures, signs, features, improvements, sites,
and areas within the Village that reflect special elements of the
Village's historic, architectural, cultural, economic or aesthetic
heritage for the following reasons:
(1)
To foster public knowledge, understanding, and appreciation in the
beauty and character of the Village and in the accomplishments of
its past;
(2)
To ensure the harmonious, orderly, and efficient growth and development
of the Village;
(3)
To enhance the visual character of the Village by encouraging new
design and construction that complements the Village's historic buildings;
(4)
To protect and promote the economic benefits of historic preservation
to the Village, its inhabitants and visitors;
(5)
To protect property values in the Village;
(6)
To promote and encourage continued private ownership and stewardship
of historic structures;
(7)
To identify as early as possible and resolve conflicts between the
preservation of historic landmarks/districts and alternative land
uses;
(8)
To conserve valuable material and energy resources by ongoing use
and maintenance of the existing built environment; and
(9)
To increase public awareness of the value of historic, cultural and
architectural preservation by developing and participating in public
education programs.
Pursuant to Article 5, § 96-a; Article 5-G, Article
5-J and Article 5-K, § 119-dd of the General Municipal Law;
Article 14 of the Parks, Recreation and Historic Preservation Law;
and § 10 of the Municipal Home Rule Law, it is hereby declared
as a matter of public policy that the protection, enhancement and
perpetuation of landmarks and historic districts are necessary to
promote the cultural, economic and general welfare of the public.
There is hereby created a Commission to be known as the "Village
of Lancaster Historic Preservation Commission," which at times shall
hereinafter be referred to in this chapter as the "Commission."
A.
Membership. The Commission shall consist of a minimum of five members
and a maximum of seven members. In addition, the Commission may have
up to two alternate members.
B.
Appointments. Members and alternate members of the Commission shall
be appointed and designated by the Village Board of Trustees. No person
appointed to the Commission can also serve as a member of the Village
Board of Trustees.
C.
Term of office.
(1)
Vacancies created by reason of the expiration of the term of appointment
of current members and current alternate members shall be filled by
the Village Board during the Village Board annual organizational meeting.
The term of appointment or reappointment for members and alternate
members of the Commission shall be four years.
(2)
Vacancies occurring in the Commission other than by the expiration of a term of office shall be filled at the time the vacancy is created by appointment of the Village Board. Any such appointment shall be for the unexpired portion of the term of the replaced member. The appointment must be made in accordance with the qualification criteria set forth at § 184-4D.
(3)
Subject to the limiting provisions of § 184-4A, the Village Board may at any time increase the number of members or alternate members if in the discretion of the Village Board such is warranted. If the number of members or alternate members is increased, the term of newly added members or alternate members shall not exceed four years. In determining the term of newly added members or alternate members, the Village Board shall undertake a good faith effort to sustain a consistent array of staggered terms.
D.
Qualifications. To the extent available in the community and vacancies
to be filled exist, Commission members shall include:
(1)
An architect.
(2)
An historian.
(3)
A licensed real estate sales person.
(4)
An attorney.
(5)
A resident of an historic district.
(6)
A local teacher/school administrator.
(7)
One who shall have demonstrated significant interest in and commitment
to the field of historic preservation evidenced either by involvement
in a local historic preservation group, employment or volunteer activity
in the field of historic preservation or other serious interest in
the field.
(8)
All members shall have a known interest in historic preservation
and architectural development within the Village of Lancaster.
E.
Compensation. Members shall serve with compensation as determined
by the Village Board of Trustees.
F.
Training and attendance requirements.
(1)
Each member of the Commission shall complete, at a minimum, four
hours of training each year designed to enable such members to more
effectively carry out their duties. Training received by a member
in excess of four hours in any one year may be carried over by the
member into succeeding years in order to meet this requirement. Such
training shall be approved by the Commission members and may include,
but need not be limited to, training provided by a municipality, regional
or county planning office or commission, county planning federation,
state agency, statewide municipal association, college or other similar
entity. Training may be provided in a variety of formats, including,
but not limited to, electronic media, video, distance learning and
traditional classroom training.
(2)
To be eligible for reappointment to the Commission, a member shall
have completed the training approved by the Historic Preservation
Commission.
(3)
Training requirements may be waived or modified by resolution of
the Commission when, in the judgment of the Historic Preservation
Commission, it is in the best interest to do so.
(4)
No decision of the Commission shall be voided or declared invalid because of a failure to comply with Subsection F.
(5)
Members must not have more than three unexcused absences in a calendar
year or they may be subject to dismissal from the Commission by the
Village Board upon the recommendation of the Historic Preservation
Commission.
B.
Secretary. The Village Board of Trustees shall appoint a secretary
to the Commission who may or may not have been appointed a member
or alternate member of the Commission. The secretary shall keep a
record of all resolutions, proceedings, and actions of the Commission
as well as attendance of Commission members.
C.
Quorum. A simple majority of the Commission members shall constitute
a quorum for the transaction of business. An affirmative majority
vote of the full Commission is required to approve any resolution,
motion or other matter before the Commission.
A.
Records. The Commission shall be subject to the provisions of the
Public Officers Law, including Article 7, related to the Open Meetings
Law.[1] Commission records shall be readily available to the public.
The vote or failure to vote of each Commission member shall be recorded.
If any Commission member abstains from voting based on a conflict
of interest or otherwise, the member must also state his or her reason(s)
or ground(s) for doing so on the record.
[1]
Editor's Note: See Public Officers Law § 100 et
seq.
B.
Annual reports. The Commission shall submit an annual report of its
activities to the Mayor, each other member of the Village Board of
Trustees and the Village Clerk and make such recommendations to the
Village Board as the Commission deems necessary to carry out the purposes
of this chapter.
A.
Regulations. The Commission may recommend to the Village Board of
Trustees regulations relating to any subject matter over which the
Commission has jurisdiction pursuant to this chapter. Any such recommendation
may be adopted by local law or resolution of the Village Board of
Trustees.
B.
Bylaws. The Commission may approve bylaws that are consistent with
the regulations adopted by the Village Board of Trustees. Consistent
with the regulations adopted by the Village Board of Trustees and
subject to the notice provisions of the New York Open Meetings Law[1] such bylaws may provide for the time and place of holding
regular meetings and the calling of special meetings.
[1]
Editor's Note: See Public Officers Law § 100 et
seq.
C.
Meetings. Regular meetings shall be held at least once a month unless
canceled for lack of business by Commission resolution or the Chairperson.
Written notice of cancellation shall be timely provided to the other
Commission members, the Village Board and the Village Clerk. All regular
or special meetings of the Commission shall be conducted in a manner
consistent with the notice provisions of the New York Open Meetings
Law and shall be open to the public. Special meetings may be called
by the Chairperson, by Commission resolution or as otherwise provided
by Commission bylaws.
The Commission may, in its bylaws, establish permanent or ad
hoc committees consisting of no less than three current members of
the Commission for assignments assigned to it by the full Commission.
A.
General and advisory powers. The Commission shall, from time to time:
(1)
Evaluate an application for a certificate of appropriateness; approve,
approve with modifications, or deny any proposal for exterior changes
to or demolition of an individual landmark or structure within an
historic district;
(2)
Recommend to the Village Board of Trustees additional regulations
to be adopted by local law or resolution that may be necessary for
the Commission to conduct its business, consistent with the scope
and intent of this chapter;
(3)
Recommend to the Village 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 it on
suggested changes thereto;
(4)
Recommend to the Village Board of Trustees individual landmarks,
interior landmarks, scenic landmarks and historic districts to be
adopted by resolution or local law, and from time to time changes
thereto;
(5)
Recommend to the Village Board of Trustees proposals for the acquisition
of preservation easements or other interests in real property;
(6)
Recommend to the Village Board of Trustees additional criteria to
be adopted by local law to be used when evaluating applications for
a certificate of appropriateness;
(7)
Recommend to the Village Board of Trustees the approval, approval with modifications, or denial of certificate of economic hardship applications submitted pursuant to § 184-20 et seq.
(8)
Recommend to the Village Board of Trustees the acquisition of facade
easements or other interests in real property as necessary to carry
out the purposes of this chapter;
(9)
Recommend acquisition of a landmark structure by the Village government
where its preservation is essential to the purposes of this chapter
and where private preservation is not feasible;
(10)
Report on matters referred to it by the Village Board of Trustees;
(11)
Review any local laws or regulations, including existing landmarks
or historic preservation laws or regulations of the Village, and recommend
to the Village Board of Trustees any changes and amendments thereto;
(12)
Maintain an inventory of locally designated historic resources
or districts within the Village and publicize the inventory;
(13)
Conduct investigations, prepare maps, reports and recommendations
in connection with its advisory authority relating to the planning,
development and administration of the Village landmarks preservation
policies, regulations and local law as needed, provided the total
expenditures of said Commission shall not exceed the appropriation
provided by the Village Board of Trustees together with any public
or private grant funding received by the Village for the Commission
to undertake its landmarks preservation powers and duties.
(14)
When, in the discretion of the Commission, such is appropriate,
without requiring the submission of an application for a certificate
of appropriateness, evaluate and respond to an inquiry relating to
ordinary maintenance and repair of historic resources, historic properties
or historic landmarks;
(15)
Perform other functions that the Village Board of Trustees may
designate by resolution or local law;
(16)
Upon the adoption of Village of Lancaster the Local Law of the
year 2022,[1] enacting revisions of Chapter 184, the Commission shall assure that Village Clerk is in possession of current information identifying existing individual landmarks, interior landmarks, scenic landmarks and historic districts.
[1]
Editor's Note: This local law refers to L.L. No. 8-2022.
All Village departments shall, upon request of the Commission,
assist and furnish available permits, plans, reports, maps and statistical
or other information which the Commission may require for its work.
A.
Individual landmark. The Commission may recommend to the Village
Board of Trustees an individual property for designation as an individual
landmark if it:
(1)
Exemplifies or possesses special character, or historic or aesthetic
interest of value as part of the political, economic, or social history
of the Village;
(2)
Is identified with persons or events significant in local, state,
or national history;
(3)
Embodies the distinguishing characteristics of a type, period or
method of construction or design style, or is a valuable example of
the use of indigenous materials or craftsmanship; or is representative
of the work of a designer, architect or builder;
(4)
Represents an established and familiar visual feature of the community
by virtue of its unique location or singular physical characteristic,
represents an established and familiar visual feature of the community;
or
(5)
Has yielded or may be likely to yield information important in prehistory
or history.
B.
Historic district. The Commission may recommend to the Village Board
of Trustees a group of properties within the Village for designation
as an historic district if a majority of properties therein:
(1)
Contain properties which meet one or more of the criteria for designation
as a landmark 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; and
(2)
Constitute a unique section of the Village by reason of possessing
those qualities that would satisfy such criteria.
C.
Interior landmark. Subject to Subsection F, the Commission may recommend to the Village Board of Trustees the interior of a property for designation as an interior landmark if such interior has special historic or aesthetic interest or value as part of the development, heritage or cultural characteristics of the Village, state or nation and:
D.
Scenic landmark. Subject to Subsection F, the Commission may recommend to the Village Board of Trustees a landscape feature or group of features for designation as a scenic landmark. Recommendations for designation must be accompanied by such historic and architectural information as is required by the Commission to make an informed recommendation.
E.
The boundaries of each proposed and designated landmark and historic
district shall be specified in detail with reference to the Tax Map
identification number and shall be filed, in writing, in the Village
Clerk's office and there made available for review by the public.
All Commission regular and special meetings shall be subject
to the New York State Open Meetings Law (New York Public Officers
Law § 100 et seq.). The Commission shall consider proposing
to the Village Board the designation of interior landmarks, scenic
landmarks or historic districts pursuant to the following procedure:
A.
Initiation of proposed designation. Designation of an historic landmark,
interior landmark, scenic landmark, or historic district may be proposed
by the Commission, by the owner of an encompassed property, at times
hereinafter referred to as "applicant," or by any resident of the
Village, at times hereinafter referred to as "applicant."
B.
Not later than seven days prior to first open meeting during which
the designation of an historic landmark, interior landmark, scenic
landmark, or historic district is to be considered, the Commission
shall forward notice of the proposed designation and of the meeting
to the applicant(s), if any, to each other owner of an encompassed
property as shown by the records of the Town Assessor, to the Building
Inspector, the Code Enforcement Officer, the Village Planning Commission
and the Village Clerk.
C.
The Commission may invite submission of written comments on the proposed
designation.
D.
The Commission, applicant(s), and any other interested parties may
present testimony or documentary evidence at an open meeting which
will become part of a record regarding the historic, architectural,
or cultural importance of the proposed historic landmark, interior
landmark, scenic landmark, or historic district.
E.
Work moratorium. Once the designation of an historic landmark, interior
landmark, scenic landmark, or historic district has been proposed,
the Commission may recommend to the Village Board that a moratorium
be put in place, prohibiting any work relating to the historic landmark,
interior landmark, scenic landmark, or historic district proposed
for designation as long as the proposed designation is under active
consideration by the Commission and until the proposed designation
has been resolved.
F.
Commission record. The Commission shall compile a public record relative
to the considered designation. In addition to testimony or documentary
evidence received at any open meeting, the record may also contain
reports, public comments, expert testimony, or other evidence offered
outside of the open meeting, but submitted for the Commission's consideration
by the date of the meeting. At a minimum, the record of the designation
shall contain any application(s) which may have been submitted, Commission
and/or staff reports, any comments made at an open meeting and the
Commission's decision to deny the designation or to recommend to the
Village Board approval, or approval with modifications of the pending
designation.
G.
Commission decision. The Commission shall, by resolution, either
deny the pending designation or recommend to the Village Board approval
or approval with modifications of the pending designation, setting
forth, in writing, the reasons for the recommendation. If designation
of an historic landmark, interior landmark, scenic landmark, or historic
district was proposed by an applicant, such Commission resolution
shall occur within 90 days after the close of the first open meeting
during which the designation of an historic landmark, interior landmark,
scenic landmark, or historic district was considered. The Commission
may agree with all applicant(s), in writing, to extend the time period
within which a proposed designation may be resolved. Within seven
days of resolution the Commission shall send by regular mail notice
of its resolution to any applicant and to each other owner of an encompassed
property as shown by the records of the Town Assessor.
H.
Failure to send notice. Failure to send any notice by mail to any
property owners where the address of such owner is not a matter of
property tax records shall not invalidate any proceedings in connection
with the proposed designation.
I.
Amendment or rescission. The Commission may propose to the Village
Board the amendment or rescission of any designation of an interior
landmark or scenic landmarks or historic district in the same manner
and using the same procedures as followed for designation.
A.
Upon receipt of the recommendation of the Commission, the Village
Board may consider the recommended designation of an individual landmark,
interior landmark, scenic landmark, historic district or changes thereto.
B.
If the Village Board resolves to consider the Commission recommendation
of the designation of an individual landmark, interior landmark, scenic
landmark, historic district or changes thereto, the Village Board
shall select a date for such consideration of the Commission recommendation
to be held during a regular or special meeting not sooner than 30
days in the future.
C.
Upon the Village Board designating such a date for consideration
of the Commission recommendation, the Village Clerk shall, within
seven days thereof, provide the secretary of the Commission a public
hearing notice providing the date, time and place selected by the
Village Board for consideration of the Commission recommendation.
The Village Clerk shall also, at least four days prior to the date
of such hearing, publicize the public hearing notice in the official
paper and post the hearing notice at the Village Municipal Building.
The Commission shall, at least seven days before such hearing, mail
the public hearing notice to the applicant(s), if any, and to each
other owner of an encompassed property as shown by the records of
the Town Assessor and provide to the Village Clerk not later than
one day before the hearing written confirmation of such mailing.
A.
The Commission is responsible for the approval or disapproval of proposals for exterior changes to an historic property designated under this chapter. Except as permitted by § 115-8, Vacation or demolition of building or structure, and § 115-9, Emergency repair or enclosure of building or structure, of Chapter 115, Buildings, Unsafe, of the Village Code, no person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or relocation of a landmark or property within an historic district, nor shall any person make any material change in the exterior appearance of such a property, its light fixtures, signs (excluding portable signs}, sidewalks, fences, steps, paving, exterior windows (including the application of paint or other opaque covering for a duration exceeding two weeks) or other exterior elements visible from a public street or alley which affects the appearance and cohesiveness of the individual landmark or historic district, without first obtaining a certificate of appropriateness from the Historic Preservation Commission.
B.
The effective term of a certificate of appropriateness shall be limited
to one year from the date of issuance. Thereafter, an application
for a certificate of appropriateness must be renewed.
C.
All changes to Village- and Town-owned property affecting an individual
landmark or within an historic district shall be subject to the provisions
of this chapter.
D.
The Village Clerk's Office shall receive and file all applications
issued for any individual landmark, or landmarks or historic district
to which this chapter applies. The Clerk's Office shall transmit a
copy of any such application to the Commission.
E.
The Commission may require that the application for certificate of
appropriateness be supplemented by such additional information or
materials as may be necessary for a complete review by the Commission.
The Commission may impose such reasonable conditions or restrictions
as it deems necessary or appropriate on a case-by-case basis to promote
or achieve the purpose of this chapter.
F.
The certificate of appropriateness required by this chapter shall
be in addition to and not in lieu of any building permit or other
land use approval that may be required by any other local law or regulation
of the Village of Lancaster.
A.
Certificate of appropriateness; general criteria. The Commission
shall approve the issuance of a certificate of appropriateness only
if it determines that the proposed work will not have a substantial
adverse effect on the aesthetic, historic, or architectural significance
and value of the individual landmark, or if the proposed work is within
an historic district, that the proposed work will not have a substantial
adverse effect on the aesthetic, historic, or architectural significance
of the property itself, the district or neighboring properties in
such district.
B.
In making this determination, the Commission's decision to approve,
approve with modification(s) or deny an application for a certificate
of appropriateness for an individual landmark, interior landmark or
scenic landmark will be guided by the Secretary of the Interior's
Standards for Treatment of Historic Properties and by the following
principles of compatibility:
(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 the
surrounding historic district; and
(3)
New construction shall be compatible with the historic district in
which it is located.
C.
In applying the principles of compatibility set forth in Subsection B of this section, the Commission shall consider the following factors:
(1)
The general design and character of the proposed alteration or new
construction relative to existing features of the property or improvement;
(2)
The scale and visual compatibility of the proposed alteration or
new construction in relation to the property itself, surrounding properties,
and the neighborhood;
(3)
Texture and materials and their relation to similar features of the
property and other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, including proportion
of the property's 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; and
(5)
The importance of historic physical and visual features to the significance
of the property.
D.
In approving an application for a certificate of appropriateness,
the Commission shall find that the building or structure for which
the permit was requested, if erected or altered in accordance with
the submitted plan or with stated modifications, would be consistent
with the spirit and intent of this chapter, would not be visually
offensive or inappropriate by reason of poor quality of exterior design,
monotonous similarity or visual discord in relation to the sites or
surroundings, would not mar the appearance of the area, would not
impair the use, enjoyment and desirability or reduce the values of
properties in the area, would not be detrimental to the character
of the neighborhood, would not prevent an appropriate development
and utilization of the site or of adjacent lands and would not adversely
affect the functioning, economic stability, prosperity, health, safety
and general welfare of the community.
E.
Where the Commission grants a certificate of appropriateness under
circumstances where the permitted activity is likely to uncover or
affect archaeological resources, the Commission shall require reasonable
efforts to protect and preserve such resources. Where such protection
and preservation is not feasible, the Commission shall nonetheless
impose appropriate and reasonable conditions to insure that the archaeological
resource is made accessible for a reasonable period to qualified persons.
F.
In approving an application for a certificate of appropriateness,
the Commission shall not review changes to exterior paint colors upon
painted surfaces except in instances of unpainted brick.
G.
In considering an application for a certificate of appropriateness,
except with respect to a designated interior landmark, the Commission
shall not consider changes to interior spaces or to architectural
features that are not visible from a public street or alley.
A.
The applicant for a certificate of appropriateness for demolition
of an individual landmark or of a structure located in an historic
district must establish to the Commission's satisfaction, a plan of
reuse or redevelopment of the affected property.
B.
The applicant for an income-producing property shall establish 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.
(4)
In deciding upon such application for demolition, the Commission
may consider whether the owner has created his own hardship through
waste and neglect, thereby permitting the property to fall into a
serious state of disrepair.
(5)
A certificate of appropriateness as to the demolition of an individual
landmark or of a structure located in an historic district may be
granted only if a site plan therefore has been approved by the Village
Planning Commission and, if necessary, a variance granted by the Village
Zoning Board of Appeals as to the demolition and as to a replacement
project approved by the Commission.
C.
Before approving the certificate of appropriateness for demolition
of an individual landmark or of a structure located in an historic
district, the Commission may suspend the application for up to 180
days to allow the applicant to consult in good faith with the Commission,
local preservation groups, and the public in a diligent effort to
seek a less intrusive alternative to demolition.
A.
Prior to the commencement of any work requiring a certificate of
appropriateness, the property owner shall file an application for
a certificate of appropriateness with the Village Clerk's Office with
any application fee which may be required.
B.
[1]The application for certificate of appropriateness shall
contain:
(1)
The name, address, telephone number and email address of the applicant;
(2)
The property location;
(3)
Photographs of property relevant to the proposed changes;
(4)
Drawings of proposed changes, if requested;
(5)
Perspective drawings of proposed changes, including relationship
to adjacent properties, if requested;
(6)
Product information of building materials to be used, including their
proposed color if requested;
(7)
Samples of building materials to be used, if requested, shall be
submitted at the time of the open meeting.
(8)
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, and any other information which
the Commission may deem necessary in order to visualize the proposed
work.
C.
Upon receipt of all the information required, the Commission shall
place the application on the agenda of the next regularly scheduled
meeting. At regularly scheduled meetings of the Commission, the Commission
shall consider those complete applications for a certificate of appropriateness
which have been submitted to the Village Clerk not later than two
weeks prior to said regularly scheduled meeting. Adjournments and
continuances of a hearing may be permitted by the Commission for good
cause with notice thereof to the applicant.
D.
At any time subsequent to the submission of a completed application,
during an open meeting or otherwise, the Commission shall have the
authority to determine that the proposed work constitutes ordinary
maintenance, repair or replacement in kind for which a certificate
of appropriateness is not required.
E.
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Historic Preservation Commission. The expiration of the effective term of a certificate of appropriateness as provided at § 184-14B of this chapter shall not negate the validity of a building permit issued during the effective term of the certificate of appropriateness. 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 Village of Lancaster.
A.
The granting or denial of an application for a certificate of appropriateness
by the Commission shall be during an open meeting. Notice of the open
meeting shall be made public on the Village of Lancaster website and
on the Commission website at least seven calendar days prior to the
open meeting date. The property owner and any interested party may
present testimony or documentary evidence regarding the proposal at
the open meeting, which will become a part of the record. The record
may also contain staff reports, public comments, and other evidence
offered outside of the open meeting, but presented by the open meeting
date.
B.
Within 30 days after the close of the open meeting, the Commission shall approve, approve with conditions or modifications, request additional information, deny the certificate of appropriateness or exercise the discretion afforded by § 184-16C. In the event, however, that the Commission shall make a finding of fact that the circumstances of a particular application require further time for additional study and information than can be obtained within the aforesaid thirty-day period after close of the open meeting, then the Commission shall have a period of up to one additional thirty-day period from the date of any such finding within which to act upon such an application.
C.
As to an application for a certificate of appropriateness for the
demolition of an individual landmark or of a structure located in
an historic district, the Commission shall take one of the following
actions:
(1)
Approve the certificate of appropriateness as to the demolition of
an individual landmark or of a structure located in an historic district.
(2)
Approve the certificate of appropriateness as to the demolition of
an individual landmark or of a structure located in an historic district
subject to a declared waiting period of up to 120 days to consider
relocation. During the waiting period the Commission may investigate
relocation of the building (on-site) or modification of the building
for future uses in a way which preserves the architectural and historic
integrity of the building. The Commission may modify the terms of
approval to accommodate findings during the continuance.
(3)
Deny the permit.
D.
All decisions of the Commission shall be in writing. The Commission's
decision shall state the reasons for denying or modifying any application.
A copy shall be sent to the applicant by mail, and a copy filed with
the Building Department and Village Clerk within 10 days of the date
of the decision.
E.
In all instances, the decision shall advise the applicant that, pursuant to the procedure set forth at § 184-25 of this chapter, any person aggrieved by the decision of the Commission relating to a certificate of appropriateness application may appeal to the Clerk of the Village of Lancaster for review of the decision of the Commission by the Village Board of Trustees.
Certificates of appropriateness shall be valid for 12 months,
after which time the owner shall apply for a new certificate if he/she
still wishes to undertake work on the property. At least two months
prior to expiration of the twelve-month-period the owner may apply,
in writing, for an extension and shall explain the reasons for the
extension request. The Commission may grant up to two extensions of
up to 12 months each.
A.
An applicant whose certificate of appropriateness for a proposed
alteration of an historic property or the demolition of an individual
landmark or of a structure located in an historic district has been
denied may apply for relief in the form of a certificate of economic
hardship on the ground of economic hardship. The Village Clerk's Office
shall distribute and receive and file all certificate of economic
hardship applications. The Clerk's Office shall transmit a copy of
any such application to the Commission. The Commission may require
that the certificate of economic hardship application be supplemented
by such additional information or materials as may be necessary for
a complete review by the Commission.
B.
A complete application includes the conclusion of all activities under § 184-20E initiated to consult with necessary parties to determine whether the property may be preserved or rehabilitated in a manner that alleviates the hardship that would otherwise result while substantially accomplishing the goals of this chapter.
C.
In order to prove the existence of economic hardship related to a
proposed alteration, the applicant shall establish that the denial
of a certificate of appropriateness will prevent the property owner
from earning a reasonable but not necessarily the most profitable
return on investment or a reasonable usage of a private residence.
D.
The Commission, with the aid of such experts as it deems necessary,
shall, in consultation with the applicant, endeavor to develop a plan
whereby the improvement may be preserved and perpetuated in such manner
as to effectuate the purpose of this chapter, and also rendered capable
of earning a reasonable return.
E.
Consultation; plan development. The applicant shall consult in good
faith with the Commission, local preservation groups, and other interested
parties in a diligent effort to seek an alternative that will result
in appropriate preservation of the property. The consulting parties
may include interested purchasers, as well as preservation and other
interested organizations, public agencies, developers, real estate
agents and individuals who may be instrumental in developing an economically
feasible solution.
F.
Economic hardship; criteria. In all cases other than a proposed demolition
of an individual landmark or of a structure located in an historic
district, the applicant shall prove the existence of economic hardship
by demonstrating to the Commission:
(1)
That the alleged hardship relating to the property in question is
unique and does not apply to a substantial portion of the district
or neighborhood;
(2)
That the requested relief, if granted, will not alter the essential
character of the neighborhood; and
(3)
That the alleged hardship has not been self-created. An applicant
whose certificate of appropriateness for a proposed demolition of
an individual landmark or of a structure located in an historic district
has been denied shall further establish that the denial of a certificate
of appropriateness will prevent the applicant from earning a reasonable
return on investment regardless of whether that return represents
the most profitable return possible, or a reasonable usage of a private
residence.
G.
Upon consideration of an application for a certificate of appropriateness
as to the demolition of an individual landmark or of a structure located
in an historic district, the Commission may request the following
items:
(1)
Current level of economic return;
(2)
Amount paid for the property, date of purchase, party from whom purchased,
and relationship between the owner of record, the applicant, and person
from whom property was purchased;
(3)
Annual gross and net income from the property for the previous three
years; itemized operating and maintenance expenses for the previous
three years, and depreciation deduction and annual cash flow before
and after debt service, if any, during the same period;
(4)
Remaining balance on the mortgage or other financing secured by the
property and annual debt service, if any, during the prior three years;
(5)
Real estate taxes for the previous four years and assessed value
of the property according to the two most recent assessed valuations;
(6)
All appraisals obtained within the last two years by the owner or
applicant in connection with the purchase, financing, or ownership
of the property;
(7)
Form of ownership or operation of the property, whether sole proprietorship,
for-profit or not-for-profit corporation, limited partnership, joint
venture, or other;
(8)
Any state or federal income tax returns relating to the property
for the last two years;
(9)
Any listing of property for sale or rent, price asked, and offers
received, if any, within the previous two years, including testimony
and relevant documents regarding: a) any real estate broker or firm
engaged to sell or lease the property, b) reasonableness of price
or rent sought by the applicant, or c) any advertisements placed for
the sale or rent of the property;
(10)
Feasibility of alternative uses for the property that could
earn a reasonable economic return;
(11)
Report from a licensed engineer or architect with experience
in rehabilitation as to the structural soundness of any buildings
on the property and their suitability for rehabilitation;
(12)
Cost estimates for the proposed construction, alteration, demolition,
or removal, and an estimate of any additional cost that would be incurred
to comply with the requirements for a certificate of appropriateness;
(13)
Estimated market value of the property: a) in its current condition;
b) after completion of the proposed alteration or demolition; and
c) after renovation of the existing property for continued use;
(14)
Expert testimony or opinion on the feasibility of rehabilitation
or reuse of the existing structure by an architect, developer, real
estate consultant, appraiser, and/or other real estate professional
experienced in historic properties and rehabilitation;
(15)
Any evidence of self-created hardship through deliberate neglect
or inadequate maintenance of the property; and
(16)
Economic incentives and/or funding available to the applicant
through federal, state, city, or private programs.
H.
The Commission, in recommending to the Village Board the granting
of a certificate of economic hardship, shall recommend the minimum
terms deemed necessary and adequate to address the unnecessary hardship
proven by the applicant, and at the same time preserve and protect
the character of the neighborhood and the health, safety and welfare
of the community.
I.
The Commission shall render a decision on the certificate of economic hardship application within 60 days following its receipt of a complete application. Failure of the Commission to render a decision on the certificate of economic hardship application within 60 days following its receipt of a complete application or a dispute between the Commission and the applicant as to whether a completed application has been submitted shall be deemed a Commission recommendation to the Village Board that the application has been denied. Upon the written request of the applicant the Commission shall promptly report such to the Village Clerk for purposes of the application of § 184-21.
J.
Commission decision.
(1)
If the Commission finds that the applicant's burden of proof has
not been met, the Commission shall promptly report to the Village
Board that the Commission recommends to the Village Board denial of
the application for a certificate of economic hardship.
(2)
If the Commission finds that the applicant's burden of proof has
been met, the Commission shall promptly report to the Village Board
that the Commission recommends to the Village Board that the application
for a certificate of economic hardship be granted.
(3)
The decision of the Commission on the certificate of economic hardship
application shall be in writing and shall state the reasons for the
recommendation that it be granted or denied. A copy shall be sent
to the applicant by mail and a copy submitted to the Building Department
Building Inspector, Code Enforcement Officer and Village Clerk.
A.
In instances when a certificate of appropriateness has been denied,
no building permit or other land use approvals shall be issued unless
the Village Board grants the certificate of economic hardship application.
Upon receipt of the recommendation of the Commission, the Village
Board shall select a date for consideration of the Commission recommendation
to be held during a regular or special Village Board meeting not sooner
than 30 days in the future. At that time a public hearing on the certificate
of economic hardship application shall be conducted at which an opportunity
will be provided to the applicant, the public and Commission representatives
to present their views on the certificate of economic hardship application.
B.
Upon the Village Board designating such a date for consideration
of the Commission recommendation, the Village Clerk shall within seven
days provide the secretary of the Commission a public hearing notice
providing the date, time and place selected by the Village Board for
consideration of the Commission recommendation. The Village Clerk
shall also, at least four days prior to the date of such hearing,
publicize the public hearing notice in the official paper and post
the hearing notice at the Village Municipal Building. The Commission
shall, at least seven days before such hearing, mail the public hearing
notice to the applicant and provide to the Village Clerk not later
than one day before the hearing written confirmation of such mailing.
C.
The Village Board shall grant the certificate of economic hardship application only upon a finding that the criteria set forth in § 184-20C and F have been satisfied by the applicant. If the certificate of economic hardship application is granted, the Village Board shall approve only such work as is necessary to alleviate the hardship.
A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of an
historic landmark or property within an historic district that does
not involve a change in design, building materials or outward appearance.
B.
No owner or person with an interest in real property designated as
a landmark or included within an historic district shall permit the
property to fall into a serious state of disrepair. Maintenance shall
be required, consistent with the Property Maintenance Code of New
York State Uniform Fire Prevention and Building Code and all other
applicable local regulations.
C.
Every owner or person in charge of an improvement on a landmark site
or in an historic district shall keep in good repair:
(1)
All of the exterior portions of such improvements; and
(2)
All interior portions thereof which, if not so maintained, may cause
or tend to cause the exterior portions of such improvement to deteriorate,
decay or become damaged or otherwise to fall into a serious state
of disrepair. Examples of types of prohibited disrepair include, but
are not limited to:
(a)
Deteriorated or crumbling exterior plasters, mortar or facades;
(b)
Deteriorated or inadequate foundation;
(c)
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(d)
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
(e)
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration or are of insufficient size to carry imposed loads;
(f)
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
(g)
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
(h)
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety;
(i)
Any fault or defect in the building or structure which renders
it not properly watertight or otherwise compromises the life and character
of the building or structure.
D.
Interiors. Every owner or person in charge of an improvement to an
interior landmark shall keep in good repair:
E.
Every owner or person in charge of a scenic landmark shall keep in
good repair all portions thereof.
A.
Demolition of an individual landmark or of a structure located in
an historic district shall be allowed only if one of the following
criteria are satisfied:
A.
All work performed pursuant to a certificate of appropriateness or
certificate of economic hardship issued under this chapter shall conform
to the requirements expressly stated in the certificate or reasonably
implied therefrom. It shall be the duty of the Code Enforcement Officer
to periodically inspect any such work to assure compliance with the
certificate and all applicable law. In the event any requirement included
in the certificate of appropriateness or certificate of economic hardship
has not been met, or upon notification of that fact by the Historic
Preservation Commission, the 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.
B.
Any owner or person in charge of a property who demolishes, alters,
constructs, or permits a designated property to fall into a serious
state of disrepair in violation of this chapter in the absence of
a certificate of appropriateness or a certificate of economic hardship
may be required by the Village Board to restore the property and its
site to its appearance prior to the violation.
C.
If, in the judgment of the Commission, a violation of this chapter
exists that will result in a detrimental effect upon the life and
character of a designated historic resource, landmark, property or
on the character of an historic district as a whole, the Commission
shall notify the Building Inspector. If, upon investigation, the Code
Enforcement Officer finds noncompliance with the requirements of the
Property Maintenance Code of the New York State Fire Prevention and
Building Code, or any other applicable law or regulation, the Code
Enforcement Officer shall order such remedies as are necessary and
consistent with this chapter and shall provide written notice thereof
to the secretary of the Commission.
D.
Penalties. A violation of this chapter is deemed an offense punishable
by fine as follows:
(1)
First offense. A first conviction for violation of this chapter shall
result in a fine not exceeding $350;
(2)
Second offense. A second conviction for violation of this chapter,
if the occurrence or any element thereof that leads to conviction
occurred within a period of five years from the date of first conviction,
shall result in a fine not less than $350 nor more than $700;
(3)
Third and subsequent offenses. A third or subsequent conviction for
a violation of this chapter, if the occurrence or any element thereof
that leads to conviction occurred within a period of five years from
the date of first conviction, shall result in a fine of not less than
$700 nor more than $2,000.
(4)
In addition to any penalties imposed under this chapter, continued
violations of this chapter shall be punishable in any other manner
provided under other local regulations, and state and federal law.
E.
The Commission shall notify the Village Board of an enforcement matter arising under this chapter and shall refer it to the Code Enforcement Officer. Action to enforce this chapter shall be brought by the Code Enforcement Officer. Remedies authorized under this section, § 184-24, shall be in addition to and not in lieu of any criminal prosecution and penalty.
A.
Any person aggrieved by a decision of the Commission in response
to an application for a certificate of appropriateness may, within
15 days of the decision, deliver to the Village Clerk a written notice
of appeal that the decision of the Commission be reviewed by the Village
Board of Trustees. The notice of appeal shall identify the applicant,
property location and date of decision. Appellate review shall be
based on the same record and criteria that was before the Commission.
B.
Upon receipt of a notice of appeal, the Village Clerk shall advise
the Village Board and the Chairperson of the Commission of the appeal.
The Village Board of Trustees shall then schedule a hearing with respect
to the appeal, to be conducted not sooner than 30 days nor later than
60 days following the Village Clerk's receipt of the notice of appeal.
The hearing may be conducted during a Village Board meeting or special
meeting. The Village Clerk shall promptly provide notice to the Chairperson
of the Commission and to the applicant of the date and time of the
meeting during which the appeal will be heard.
C.
The Chairperson of the Commission shall arrange that, not later than
seven days prior to the hearing date, all pertinent documents, exhibits
and minutes relating to the record that as before the Historic Preservation
Commission, together with a copy of the decision of the Historic Preservation
Commission, shall be delivered to the Village Clerk, who shall then
promptly disseminate such materials to members of the Village Board.
D.
At the time of the hearing, the applicant, individually and/or by
legal counsel, and a designated representative of the Commission shall
be entitled to be heard.
E.
Review of the decision by the Village Board shall be conducted based
on the same record that was before the Commission and using the same
criteria. The standard of review to be applied by the Village Board
of Trustees shall be whether the proceedings before the Commission
were conducted properly and in accordance with this chapter and whether
the discretion exercised by the Commission deviated materially from
what would be reasonable.
As used in this chapter, the following words and phrases have
the following meanings:
The act or process of acquiring fee title or other interest
in real property, including acquisition of development rights or remainder
interest.
Any act or process that changes one or more of the exterior
architectural features of a building or structure by adding to, joining
with or increasing the size or capacity of the building or structure.
Any act or process, other than demolition or preventative
maintenance, that changes the exterior appearance of significant historic
or architectural features, or the historic context of a designated
landmark, including, but not limited to, exterior changes, additions,
new construction, erection, reconstruction, or removal of the building
or structure, or grading.
Suitable or compatible.
The quality of a building or structure based on its date
of erection, style and scarcity of same, quality of design, present
condition and appearance or other characteristics that embody the
distinctive characteristics of a type, period or method of construction.
Any construction created to shelter any form of human use,
such as a house, garage or barn, and which is permanently affixed
to the land. "Building" may also refer to an historically related
complex, such as a house and a barn.
The Town of Lancaster Building Department.
The person so appointed by resolution of the Village Board.
At times referred to as a "COA." An official form issued
by the Village Commission stating that the proposed work on a designated
historic landmark is compatible with the historic character of the
property and thus in accordance with the provisions of this chapter
and therefore: 1) the proposed work may be completed as specified
in the certificate; and 2) the Village's departments may issue any
permits needed to do the work specified in the certificate.
An official form issued by the Village Board when the denial of a certificate of appropriateness has imposed economic hardship upon the applicant as further particularized at § 184-20.
Any alteration, demolition, removal or construction involving
any property subject to the provisions of this chapter.
Defined by form, proportion, structure, plan, style or material.
"General character" refers to ideas of design and construction such
as basic plan or form. "Specific character" refers to precise ways
of combining particular kinds of materials.
In harmony with location, context, setting, and historic
character.
The Village of Lancaster Historic Preservation Commission established pursuant to § 184-4 of this chapter.
The act of constructing an addition to an existing structure
or the erection of a new principal or accessory structure on a lot
or property.
Any act or process that removes or destroys, in whole or
in part, a building, structure, or resource.
The architectural style, design, general arrangement and
components of all of the outer surfaces of any building or structure.
Elements embodying the historic significance or architectural
style, design, general arrangement and components of all of the exterior
surfaces of any landmark or historic resource, including, but not
limited to, the type of building materials, and type and style of
windows, doors, or other elements related to such landmark or historic
resource.
A unit created for planning purposes that groups information
about historic properties based on a shared theme, specific time period
and geographical area.
An area designated as an historic district by the Village
Board pursuant to the provisions of the chapter.
The retention of sufficient aspects of location, design,
setting, workmanship, materials, feeling or association for a property
to convey its historic significance.
A building, district, site, structure or object significant
in American history, architecture, engineering, archeology or culture
at the national, state, or local level.
Any evaluated building, structure, object, or site that potentially meets the designation criteria outlined in § 184-12.
The Village of Lancaster Historic Preservation Commission established pursuant to § 184-4 of this chapter.
A district, site, building, structure, or object significant
in American history, architecture, engineering, archeology, or culture
at the national, state, or local level.
The quality of a place, site, building, district or structure
based upon its identification with historic persons or events in the
Village of Lancaster.
The authenticity of a property's historic identity, evidenced
by the survival of physical characteristics that existed during the
property's historic or prehistoric period.
Interior landmarks are noted for the portions of their interior
that are open to the public.
A list of historic properties determined to meet specified
criteria of significance.
Any building, structure or site that has been designated as a "landmark" by the Village of Lancaster Board of Trustees, pursuant to procedures described in § 184-13.
The formal entry or registration of a property.
To keep in an existing state of preservation or repair.
Those individuals, partnerships, corporations, or public
agencies holding fee simple title to property.
The act or process of applying measures necessary to sustain
the existing form, integrity, and materials of an historic property,
including preliminary measures to protect and stabilize the property,
which focuses upon the ongoing maintenance and repair of historic
materials and features rather than extensive replacement and new construction.
New exterior additions are not within the scope of this treatment.
Any work to prevent deterioration or damage to the structural
integrity or any exterior feature of a landmark or historic resource
that does not involve a change in design, material or exterior appearance.
Such work includes, but is not limited to, painting, roof repair,
foundation or chimney work, or landscape maintenance.
The act or process of making possible a compatible use for
a property through repair, alterations, and additions while preserving
those portions or features of the property which convey its historic,
architectural and cultural values.
Acts of ordinary maintenance that do not include a change
in the design, material, form, or outer appearance of a resource,
such as repainting. This includes methods of stabilizing and preventing
further decay, and may incorporate replacement in kind or refurbishment
of materials on a building or structure.
The act or process of accurately depicting the form, features,
and character of a property as it appeared at a particular period
of time by means of the removal of features from other periods in
its history and reconstruction of missing features from the restoration
period. The limited and sensitive upgrading of mechanical, electrical,
and plumbing systems and other code-required work to make properties
functional is appropriate within a restoration project.
Scenic landmarks encompass structures that are not buildings,
such as bridges, piers, parks, cemeteries, sidewalks, clocks, and
trees.
Principles developed by the National Park Service (36 CFR
68.3, as may be amended) to help protect historic properties by promoting
consistent preservation practices and providing guidance to historic
building owners and building managers, preservation consultants, architects,
contractors, and project reviewers on how to approach the treatment
of historic properties.
Having particularly important associations with the contexts
of architecture, history and culture.
The location of a significant event, a prehistoric or historic
occupation or activity, or a building or structure, whether standing,
ruined or vanished, where the location itself maintains historic or
archaeological value regardless of the value of any existing buildings,
structures or other objects. Examples of a site are a battlefield,
designed landscape, trail, or campsite.
Any assemblage of materials forming a construction framed
of component structural parts for occupancy or use, including buildings.
A type of architecture distinguished by special characteristics
of structure or ornament and often related in time; also a general
quality of distinctive character.
If any section, language or segment of this chapter is for any
reason held to be invalid or unconstitutional, such holding shall
not affect the validity of the remaining sections, language and segments
of this chapter.
