[L.L. No. 1-2001]
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 the village has many significant historic, architectural and cultural resources which constitute its heritage, this chapter is intended to:
(1) 
Protect and enhance the landmarks and historic districts which are determined to represent distinctive elements of the village's historic, architectural, and cultural heritage;
(2) 
Foster civic pride in the accomplishments of the past;
(3) 
Protect and enhance the village's attractiveness to visitors and the support and stimulus to the economy thereby provided to the village;
(4) 
Ensure the harmonious, orderly and efficient growth and development of the village; and
(5) 
Be a resource of information as to historic preservation within the village.
[L.L. No. 1-2001; L.L. No. 7-2001; L.L. No. 4-2007; L.L. No. 4-2008]
There is hereby created a commission to be known as the Bellport Historic Preservation Commission (herein the "Commission").
(1) 
The commission shall consist of not less than five (5) but not more than nine (9) members to be appointed by the board of trustees.
(2) 
Committee members shall serve for a term of two (2) years with the exception of the initial term of which three (3) members shall serve one (1) year and the remaining members shall serve two (2) years. The commission shall be made up of the following persons:
a. 
An architect;
b. 
A resident of a district of historic significance within the village;
c. 
Other qualified individuals with a special interest in historic preservation and architectural development such as, but not limited to, residents, historians, real estate brokers and attorneys. The vice chairman shall have all the powers of the chairman when the chairman is unavailable.
(3) 
The commission shall have a chairman and vice chairman who shall serve at the pleasure of and be appointed by the board of trustees. The vice chairman shall have all the powers of the chairman when the chairman is unavailable.
(4) 
The commission shall recommend to the village board the:
a. 
Employment of staff and professional consultants necessary to carry out the duties of the commission.
b. 
Adoption of criteria for the identification of significant historic, architectural and cultural landmarks and for the designation of historic districts within the village.
c. 
Conduct of surveys of significant historic, architectural and cultural landmarks and historic districts within the village.
d. 
Designation of identified structures or resources as landmarks (a "designated landmark") and designation of districts within the village as historical districts ("designated historical districts").
e. 
Programs to increase the public awareness of the value of historic, cultural and architectural preservation and the development and participation in such programs by the commission.
f. 
The utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the village.
g. 
The acquisition of landmark structures by the village where their preservation is essential to the purposes of this chapter and where private preservation is not feasible.
(5) 
The commission shall review all applications for exterior construction, alterations, modifications, reconstruction, restoration, partial or total demolition or any material change in the appearance of any property that is a designated landmark or located in a designated historic district and shall approve or disapprove applications for certificates of appropriateness.
[L.L. No. 1-2001; L.L. No. 4-2007]
(a) 
The commission may recommend to the village board an individual property as a designated 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 village, region, state or nation;
(2) 
Is identified with a historic personage or personages;
(3) 
Embodies the distinguishing characteristics of an architectural style;
(4) 
Is the work of a designer or builder whose work is recognized as significant;
(5) 
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood; or
(6) 
Is among the oldest structures in the village.
(b) 
The commission may recommend to the village board a group of properties as a designated historic district if they:
(1) 
Contain properties which meet one or more of the criteria for designation of a landmark; and
(2) 
By reason of possessing such qualities, they constitute a distinct section of the village; or
(3) 
Are an ensemble of properties that constitutes a distinctive streetscape or vista that significantly contributes to the character of the village.
(c) 
The commission shall file with the village clerk the location of those properties that the commission recommend be designated an historic districts or designated landmarks and the reasons supporting same.
(d) 
Upon receipt of a recommendation for a proposed designated historic district or designated landmark from the commission, the village clerk shall notify the village board who may set a public hearing to consider same.
(e) 
Notice of the public hearing to consider the proposed designations, shall be published in the official newspaper of the village at least ten (10) days prior to said hearing and shall be sent by registered or certified mail at least twenty (20) days prior to said hearing, to the record owners of the property proposed for designation.
(f) 
At the public hearing to consider designating a property a designated landmark or designated historic district, the commission members shall sit with the village board in order to advise them as to the proposed designated landmark or district. Owners of the proposed designated property and any village resident may present testimony or documentary evidence.
(g) 
The village board may, after a public hearing, designate an individual property as a landmark or designate a group of properties as a historic district if the board determines that said designation is consistent with this chapter.
(h) 
The village clerk shall forward notice of each property declared to be a designated landmark and of the boundaries of each designated historic district to the office of the county clerk for recordation.
(i) 
Within a reasonable time after the village board of trustees has designated a property as a landmark or an area as a historic district, the historic preservation commission shall adopt guidelines for the newly designated landmark or district, pursuant to subsection 22-5(d) of this chapter.
[L.L. No. 1-2001; L.L. No. 4-2007]
(1) 
A certificate of appropriateness shall be required before any person, shall:
a. 
Carry out any exterior alteration, restoration, reconstruction, modification partial or total demolition, new construction or moving of a designated landmark or upon any property located within a designated historic district, or
b. 
Make any material change in the appearance of such a property, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street which affect the appearance or integrity of a designated landmark or the appearance and cohesiveness of a designated historic district.
(2) 
Procedure.
a. 
Before the commencement of any work referred to in subsection 22-4(1) of this chapter, the owner shall obtain a determination from the building inspector whether the proposed work requires a building permit and/or demolition permit in addition to a certificate of appropriateness.
b. 
If the building inspector determines that the proposed work does not require a building permit and/or a demolition permit, then the owner may file an application for a certificate of appropriateness.
c. 
In the event the building inspector determines that the proposed work requires a building permit and/or a demolition permit then the owner of the subject property must file a building permit and/or demolition permit application, prior to or simultaneously with, the filing of an application for a certificate of appropriateness. The building inspector shall review the building permit and/or demolition permit for compliance with the Village Code and shall notify the applicant of his findings.
d. 
An application for a certificate of appropriateness that proposes work that has been determined by the building inspector not to be in compliance with the Code and therefore requires relief and/or approval from the zoning board of appeals, may be deemed, at the discretion of the historic preservation commission chairman, incomplete until the zoning board of appeals has granted the appropriate relief and approvals.
e. 
The historic preservation commission shall determine the form of application for a certificate of appropriateness, including required exhibits, drawings, plans, and any other information deemed necessary for a through review of the project.
f. 
Upon the determination of the chairman of the historic preservation commission that the application is complete, the application shall be scheduled for a public hearing or reviewed by the chairman by expedited review, which ever the chairman decides is appropriate and consistent with this chapter.
(3) 
No building permit may be issued for such proposed work until the commission has first issued a certificate of appropriateness. The certificate of appropriateness shall be in addition to and not in lieu of any permit that may be required by any other provision of the Village Code.
(4) 
Expedited review. Whenever the chairman determines that proposed work complies with the criteria set forth in section 22-5 of this chapter and the conditions set forth in this subsection, then the chairman is authorized to grant a certificate of appropriateness without a public hearing and a vote of approval of the entire commission. The chairman is under no obligation to grant an expedited review of a project and can require any and all applications to heard at a public hearing. In order for the chairman to grant a certificate of appropriateness by expedited review:
a. 
The proposed work is of the type that the commission has granted the chairman standing authority to issue a certificate of appropriateness by expedited review, and
b. 
The proposed work will have no effect on a historic feature or setting of a historic building or structure, and
c. 
The proposed work conforms to the guidelines adopted for said property or district.
(5) 
All decisions on an application for a certificate of appropriateness shall be rendered within sixty (60) days from the close of the public hearing. If the application is denied, the reasons for the denial shall be set forth in writing and a copy sent to the applicant.
(6) 
The date and time for any public meeting or hearings held by the commission shall be set by the chairman. A quorum for the transaction of business shall consist of a majority of the commission. A certificate of appropriateness shall be granted or granted with modification or denied by a majority of those commission members present at the public meeting or hearing.
(7) 
Notice of the public meeting or hearing shall be published in the official newspaper of the village at least one (1) week prior to said meeting or hearing. For those applications requiring a public hearing, the applicant shall comply with the requirements of section 21-150(c) of the Code regarding notice to adjoining landowners.
(8) 
All applications for a certificate of appropriateness shall be also reviewed by the commission for compliance with chapter 21, article ii, division 5 of the Village Code entitled Architectural Harmony. The architectural review board (ARB) shall not review applications for a building permit that is being reviewed for a certificate of appropriateness. All applications, involving buildings, structures or properties, that are determined by the chairman or the historic preservation commission to be "non-contributing" shall be reviewed by the historic commission using the criteria and standards set forth in section 21-151 of the Village Code.
[L.L. No. 1-2001; L.L. No. 4-2007]
(a) 
In passing upon an application for a certificate of appropriateness, the commission shall not consider changes to interior spaces.
(b) 
The commissions' decision shall be based upon the following principles, as applicable:
(1) 
Properties which contribute to the character of a designated historic district shall be retained, with their historic features altered as little as possible;
(2) 
Any alteration of a designated landmark or a property within a designated historic district shall be compatible with its historic character, as well as with the surrounding designated historic district; and
(3) 
New construction shall be compatible with the style of the designated historic district in which it is located.
(c) 
In applying the principle of compatibility, the commission shall consider the following factors, as applicable:
(1) 
The general design, character and appropriateness to the designated landmark or designated historic district of the proposed alteration or new construction;
(2) 
The scale of proposed alteration or new construction in relation to the property itself, surrounding properties, the neighborhood or the designated historic district;
(3) 
Texture, materials, and color and their relation to similar features of other properties in the neighborhood or the designated historic district;
(4) 
Visual compatibility with surrounding properties or the designated historic district, 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; and
(5) 
The importance of historic, architectural or other features to the significance of the property or the designated historic district.
(d) 
The commission shall prepare and adopt guidelines that contain suggested standards of compatibility elaborating upon the principles set forth above regarding the future development of and the preservation of properties, buildings and structures within the district.
[L.L. No. 1-2001]
(a) 
Any person aggrieved by a decision of the commission may, within thirty (30) days of the filing of the decision with the village clerk, file a written application with the zoning board of appeals (ZBA) for relief from said decision. The ZBA shall hold a public hearing on said application at which time an opportunity will be provided for all interested parties to present their views. Notice of the public hearing shall be as per the requirements set forth in section 21-104 of the Village Code.
(b) 
Hardship.
(1) 
An applicant whose certificate of appropriateness for a proposed demolition was denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant must establish that:
a. 
The property is incapable of realizing a reasonable return regardless of whether that return represents the most profitable return possible as demonstrated by competent financial evidence;
b. 
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;
c. 
Efforts to find a purchaser interested in acquiring the property and preserving it have failed; and
d. 
That the alleged hardship has not been self created.
[L.L. No. 1-2001]
(a) 
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a designated landmark or property within a designated historic district, which does not involve a change in design, material, color or outward appearance.
(b) 
No owner or person with a legal interest in a designated landmark or property included within a designated historic district shall permit the property to fall into a 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 designated historic district as a whole or the life and character of the designated landmark itself. Examples of such deterioration include:
(1) 
Deterioration of exterior walls, other vertical supports, or other structures.
(2) 
Deterioration of roofs or other horizontal members.
(3) 
Deterioration of window and door surrounds, eaves, and other architectural details.
(4) 
Deterioration of exterior chimneys.
(5) 
Deterioration or crumbling of exterior stucco or mortar.
(6) 
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
(7) 
Deterioration of any feature so as to create hazardous condition that could lead to the claim that demolition is necessary for the public safety.
[L.L. No. 1-2001]
Work performed pursuant to a certificate of appropriateness issued under this chapter shall conform to all requirements included therein. It shall be the duty of the building inspector to inspect periodically any such work to assure compliance. In the event work is found that is not being performed in accordance with the certificate of appropriateness, 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.
[L.L. No. 1-2001; L.L. No. 5-2001]
(a) 
Failure to comply with any of the provisions of this chapter shall be deemed a violation and the violator shall be liable to a fine of not more than two hundred and fifty dollars ($250.00) for each day the violation continues.
(b) 
Any person who demolishes or alters a designated landmark or property within a designated historic district in violation of this chapter shall be required to restore the property and its site to its appearance before the violation.
Any person who allows or permits a designated landmark or property within a designated historic district to fall into a state of disrepair in violation of this chapter, shall be provided written notice of said violation and shall have ten (10) days to cure same before any action is taken by the village.
Any action to enforce this subsection shall be brought by the village attorney. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
(c) 
Notwithstanding any provision to the contrary, any person who partially or totally demolishes a designated landmark or property within a designated historic district, without proper authority, shall be subject to a fine of up to the market value of the property.