[Adopted 9-24-1986]
This Article shall be known as the "Katonah
Historic District Preservation Ordinance."
A.
It is the general purpose of the following regulations
to help protect and perpetuate places and buildings having a special
historic or aesthetic interest or value. Such special regulations
are adopted to promote the interests of prosperity and the educational,
cultural, economic and general welfare. Specific objectives are to:
(1)
Provide for the protection, enhancement, perpetuation
and use of an area which is illustrative of the growth and development
of Katonah and which is of particular historic and aesthetic value.
(2)
Help preserve the historic character of the area as
a whole, and to retain and enhance those properties which contribute
to its character.
(3)
Recognize and help ensure the preservation of those
elements of Katonah's past which represent many and varied architectural,
artistic and cultural achievements which cannot be duplicated or otherwise
replaced.
(4)
Promote the use of the historic area as a means of
providing enjoyment and unique educational benefit by perpetuating
the physical evidence of Katonah's past.
(5)
Stabilize and improve property values within the area.
(6)
Foster civic pride in those elements of Katonah's
past which gives it unique character and sets it apart from other
communities.
(7)
Provide an educative role in the community with regard
to historic structures and landmarks preservation.
(8)
Continue the mixture of civic, religious and residential
uses which contribute to the vitality of the community.
B.
Findings.
(1)
It is found that within the Hamlet of Katonah here
is an area which exemplifies Katonah's history as a rare surviving
example of a turn of the century planned community and as the village
that moved. The area includes and surrounds the Katonah Greens, an
integral part of the plan designed for Katonah by the landscape architects
G. S. and B. S. Olmstead.
(2)
Most of the buildings in the area were either built
or moved to their present sites within the fifteen-year period from
1895 to 1910 and present a microcosm of American architectural styles
during this period. Few major alterations of architecture or use have
been made since that time.
(3)
The district is primarily residential, with a mix
of private homes, religious and cultural institutions, and offers
an unusually cohesive view of New York State village life at the turn
of the century. As a group these structures illustrate the transition
from the ornate styles of the late 19th century to the simpler designs
of the early 20th century. Whereas other communities have had many
historic structures, landmarks and areas lost without consideration
of the values represented or the possibility of preserving them, the
Katonah District survives as a living lesson in American architectural
history.
(4)
The unique character of this area in Katonah has been
recognized by its inclusion of the National Register of Historic Places
and on the New York State Register of Historic Places. This recognition
includes historic designation of 38 properties bordering upon the
Katonah Greens.
The Katonah Historic District, hereafter referred
to as the "district," is defined as that part of Katonah as shown
on the attached map entitled "Katonah Historic District," which map
is incorporated herein by reference.[1] These boundaries coincide with those shown in the National
Register of Historic Places and the New York State Register of Historic
Places at the time of the adoption of this Article.
[1]
Editor's Note: The Katonah Historic District Map is included at the end of this chapter.
As used in this Article, the following terms
shall have the meanings indicated:
A certificate issued by the Katonah Historic District Advisory
Commission indicating that an applicant has met the review requirements
of this Article and may proceed in accordance with this and other
controlling ordinances.
Any change in appearance which:
Requires a special use permit, use variance
or site plan review.
Involves the demolition of a principal or accessory
structure or portion thereof.
Involves the new construction of a principal
or accessory structure.
Adds an enclosed addition to an existing structure.
Involves the addition or removal of a deck or
porch to an existing structure.
Is done by a government agency or public utility
and affects the appearance of a scenic landmark.
Sketches, drawings, and/or photographs, not necessarily professionally
prepared, with sufficient detail to show, as far as they relate to
exterior appearance, the architectural design of the building, structure
or topographical feature, and use of the site both before and after
the proposed work is done.
Any designated landscape feature or aggregate of landscape
features, any part of which is 30 years or older, which has or have
special character or historical or aesthetic interest or value as
part of the development, heritage or cultural characteristics of this
historic district.
The generally grassy area in the middle of the Parkway and
Bedford Road as shown on the Katonah Historic District Map.
A.
The Town Board shall appoint a Katonah Historic District
Advisory Commission (the "Commission") to help carry out the objectives
of this Article.
B.
The Commission shall consist of five residents of
the Town of Bedford who shall serve five-year terms, except that initially
one member shall be appointed for five years, one for four years,
one for three years, one for two years, and one for one year.
C.
One member shall be an architect, one shall be the
Town Historian, or his/her designee, and two shall be residents of
the district. The Commission shall appoint a chairperson.
D.
The Commission shall adopt procedural rules for conducting
its business in accordance with the provisions of this Article.
A.
The Commission shall be responsible for helping to
maintain the historic character of the district. Unless otherwise
specified herein, the duties of the Commission shall be as follows:
(1)
Assist owners of historic buildings with preservation
plans and activities, and provide advice as to recommended restoration
methods or choice of appropriate materials.
(2)
Review and comment upon proposed actions by other
public agencies affecting physical development and land use patterns
in the district.
(3)
Issue certificates of historical review and reports
on proposed major changes in appearance as described in this Article.
(4)
Inform owners of property within the district of the
provisions of this Article on a periodic basis.
(5)
Compile and maintain a photographic inventory of historic
structures and scenic landmarks within the district.
B.
Additionally, the Commission may undertake the following:
(1)
Increase public awareness of the value of historic,
architectural and cultural preservation by developing and participating
in public information programs in conjunction with other public and
private organizations.
(2)
Cooperate with the Town Board and other Town departments,
boards, agencies or commissions by requesting and providing appropriate
information, cooperation, assistance or studies.
(3)
Recommend to the Town Board appropriate utilization
of grants from federal, state and county agencies, private groups
and individuals and the utilization of budgetary appropriations to
promote the preservation of the district.
C.
Within the limits of their funds, the District Commission
may obtain the services of qualified persons to direct, advise and
assist the Commission and may obtain the equipment, supplies and other
material necessary to its effective operation.
A.
A certificate of historical review ("certificate")
shall be required before any major change in exterior appearance within
the district is commenced, and before any other permits or approvals
of the Town are issued. This certificate shall be issued in addition
to, and not in lieu of any other required permit or approval.
B.
Application by the owner of any property within the
district for a certificate shall be made to the Commission. A completed
application shall be made in writing, accompanied by plans and in
sufficient detail for the Commission to have full knowledge of the
proposed changes. Modified applications may be treated as new applications.
C.
The Commission shall hold a public hearing on each application for major changes in exterior appearances. Notice shall be given in the same manner as for hearings before the Zoning Board of Appeals pursuant to § 125-129D of the Code of the Town of Bedford, with the exception that, in addition, all owners of property within the historic district shall be notified.
D.
The Commission may seek technical advice from outside
its members on any application. In such instance, the applicant and
members of the Commission shall receive copies of any consultant's
or agency's written opinion.
E.
The Commission may make recommendations regarding
the preservation of architectural and landscaping detail in order
to maintain and enhance the historical character of the district.
In all cases, the Commission shall advise and work with the applicant
to achieve change(s) compatible with the historic nature of the district
and the intent of this Article. If suitable, the Commission may also
advise the owner in developing an economically feasible plan to overcome
the Commission's possible objections and shall indicate to the applicant
economical ways of replacing historical materials.
F.
A written report of the Commission shall be filed
with the Town Clerk, Town Board, Building Inspector, Planning Board,
Zoning Board of Appeals and the applicant within 30 calendar days
from the receipt of a completed application.
(1)
If the opinion of the Commission is that the proposal
conforms with the intent of this article, its report shall so state,
and a certificate shall be issued with the report.
(2)
If the Commission is concerned that the proposed changes
are not compatible with the intent of this article, it shall so state
in its written report. In arriving at its position, the Commission
shall consider, in addition to any other pertinent factor, the historical
and architectural value, significance, architectural style, general
design, arrangement, texture and materials of the exterior architectural
features and related landscaping involved and the relationship thereof
to the exterior architectural features of other structures in the
immediate neighborhood.
G.
Review by Town Board.
(1)
In case the Commission's report does not recommend
issuance of a certificate, the Town Board shall review the report
and consider the appropriateness of the proposed change(s) to the
preservation of the district for the purposes of this article, as
well as the health, safety, morals and general welfare of the community
with particular attention given to the needs of the residents and
industries within the historic area or any special circumstances or
hardship that the applicant may choose to bring forward.
(2)
The findings of the Town Board shall be forwarded
to the applicant, the Zoning Board of Adjustment, Planning Board,
Building Inspector and the Town Clerk within 45 days of its receipt
of the report of the Commission.
H.
In the event that the Commission or the Town Board
does not act within the times prescribed, the applicant and other
Town agencies may proceed as if a certificate had been issued.
Any person or persons jointly or severally aggrieved
by any action occurring as a result of this article may apply to the
State Supreme Court for review of a proceeding under Article 78 of
the Civil Practice Law and Rules. Such proceeding shall be instituted
within 30 days after the filing of a decision in the office of the
Town Clerk. The Court may take evidence as it may direct and report
the same with its findings of fact and conclusions of law, if it shall
appear that testimony is necessary for the proper disposition of the
matter. The court at special term shall itself dispose of the cause
on the merits, determining all questions which may be presented for
determination.
A.
In case any building or structure is erected, constructed,
demolished or moved or otherwise affected as set forth pursuant to
this article, either by proceeding without a certificate or contrary
to approved plans and specifications for which a certificate is issued,
the Building Inspector shall issue a stop-work order and serve same
upon the owner of record, a tenant in possession and any contractor
or subcontractor working at a subject premises.
B.
Failure to comply with any of the provisions of this
article shall be deemed a violation, and the violator shall be liable
to a fine of not more than $250 or to imprisonment for not more than
15 days, or both. Each day that such violation continues shall constitute
a separate violation.
C.
In addition to the foregoing, the Town shall have
such other remedies for any violation or threatened violation of this
article as now or hereafter may be provided by law, including but
not limited to prosecution in the Town Court of the Town of Bedford
and proceeding in the Supreme Court in an action for an injunction
to restrain any violation of this article and further in an action
in Supreme Court for an injunction to order removal in whole or in
part of any exterior architectural feature permitted to exist in violation
of this Article and for reconstruction or restoration as may be necessary
to restore the building or structure to its appearance prior to the
violation.
A.
Insofar as all buildings in the Town of Bedford must
be maintained to meet minimum safety and building codes, this article
does not seek to impose additional requirements regarding maintenance
of properties within the historic district.
B.
Nothing contained herein shall supersede the powers
of other local legislative or regulatory bodies or relieve any property
owner of complying with the requirements of any other state statutes
or municipal ordinances or regulations. Within 30 days of passage
of this article, the Town Clerk shall mail to the owner of record
of each property within the historic district, a copy of this article.
