[HISTORY: Adopted by the Board of Trustees of the Village of Great Neck 7-20-1976 by L.L. No. 2-1976 (Ch. 121 of the 1976 Code). Amendments noted where applicable.]
The Board of Trustees of the Village of Great Neck hereby finds that:
There exist in the Village of Great Neck places, sites, structures and buildings of special historic significance or, which, by reason of famous events, their antiquity or uniqueness of architectural construction and design, are of particular significance to the heritage of our Village, town, county, state and country.
The conservation, protection and preservation of such places, sites, structures and buildings is a public necessity in harmony with the Comprehensive Village Plan and will promote the public health, safety and general welfare.
Now, therefore, the Board of Trustees hereby declares that the purpose of this chapter is to accomplish the conservation, protection and preservation of such places, sites, structures and buildings.
As used in this chapter, the following terms shall have the meanings indicated:
- Any act or process which changes one or more of the exterior architectural features of a structure designated as a landmark or any structure or building in a historic district.
- A structure wholly or partially enclosed within exterior walls, or within exterior or party walls and a roof, affording shelter to persons, animals or property.
- EXTERIOR ARCHITECTURAL FEATURES
- The architectural style, design, general arrangement and components of all of the outer surfaces of any building or structure, including but not limited to the kind, color and texture of the building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to said building or structure.
- HISTORIC DISTRICT
- Any area which contains places, sites, structures or buildings which have a special character and ambiance or historical value or aesthetic interest and which represent one or more periods or styles of architecture of an era of history and which cause such area to constitute a distinct section of the Village.
- Any place, structure or building of historical value or aesthetic interest by reason of its antiquity or uniqueness of architectural design or as part of the development, heritage or cultural characteristics of the Village, town, county, state or country.
- LANDMARK AND HISTORIC DISTRICT MAP
- A map to be prepared and maintained by the Building Inspector, identifying the location of all landmarks, landmark sites and historic districts.
- LANDMARK SITE
- A parcel or part thereof on which is situated a landmark, and any abutting parcel or part thereof constituting part of the premises on which the landmark is situated.
- Any assembly of materials forming a construction framed of component structural parts for occupancy or use, including buildings.
- STYLES OF ARCHITECTURE
- Style recognized by one of the following organizations:
- A. The National Register of Historic Places.
- B. The Historic American Buildings Survey.
- C. The Historic American Engineering Record, U.S. Department of the Interior, National Park Service.
- D. The Division for Historic Preservation, New York State Office of Parks and Recreation.
- E. The Nassau County Museum.
- F. The National Trust for Historic Preservation.
- G. The Society of Architectural Historians.
Creation; composition; membership.
There is hereby created a Landmarks Preservation Commission which shall consist of five members who shall be appointed by the Village Board.
The Board shall attempt to include among the membership one member of the American Institute of Architects, one member of the New York State Bar and three residents of the Village of Great Neck.
Members are to be appointed for terms of three years, provided that of those members first taking office one shall be appointed for one year, two for two years and two for three years. Members may serve for more than one term each, and each member shall serve until the appointment of a successor.
In the event of a vacancy occurring during the term of a member of the Landmarks Preservation Commission, the Board of Trustees shall make an appointment to complete the unexpired term of such member.
The members of the Commission shall serve without compensation, but shall be reimbursed for expenses necessarily incurred in the performance of their duties in consequence of the Board of Trustees' appropriation for such purposes.
Powers and duties.
The Landmarks Preservation Commission shall have the powers and duties granted by the sections of this chapter and shall have the power to designate a place, site, structure or building as a landmark or as part of a historic district, subject to the approval or disapproval of the Board of Trustees.
In addition, the Landmarks Preservation Commission shall have the power to retain consultants, including but not limited to technical experts, engineers, architects and historians to advise in the preparation of any plans or projects or to render assistance and advice in connection with any project to fulfill the duties of the Landmarks Preservation Commission. Any contract to retain such consultants which involves the expenditure of Village funds shall be subject to the approval of the Board of Trustees.
The Mayor of the Village, subject to the approval of the Board of Trustees, shall designate one of the members of the Landmarks Preservation Commission to serve as Chairman for a period of three years. The Village Clerk shall serve as Executive Secretary of the Landmarks Preservation Commission.
The Commission may elect a Vice Chairman from the remaining four members of the Landmarks Preservation Commission.
Quorum. At least three members of the Landmarks Preservation Commission shall constitute a quorum for the transaction of its business or the performance of its functions, and the concurring vote of three members of the Landmarks Preservation Commission shall be necessary for the adoption of any recommendations, motions or other acts of the Landmarks Preservation Commission.
Any person may request the designation of a landmark site or historic district by submitting to the Landmarks Preservation Commission an application for such designation on a form furnished by the Landmarks Preservation Commission. In addition, the Landmarks Preservation Commission may, on its own motion, initiate proceedings for the designation of a landmark, landmark site or historic district.
In the event that the Landmarks Preservation Commission decides to entertain an application for designation, notice that such application is being entertained shall be given to the Commission by the owner or owners of the parcel on which the proposed landmark site or historic district is situated. Notice shall also be given to the owners of all property located within 250 feet of the exterior boundary lines of the subject parcel and shall also be published in a local newspaper. Said owner or owners shall have the right to confer with the Landmarks Preservation Commission prior to final action by the said Commission on the application.
The Landmarks Preservation Commission shall either approve or disapprove an application within 180 days after the receipt of the application or initiation of the proceeding by the Landmarks Preservation Commission. The approval may limit itself to the proposed historic district or landmark site as described in the application or may include modifications thereof.
[Amended 12-3-2002 by L.L. No. 23-2002]
If the Landmarks Preservation Commission disapproves the application, the proceedings with regard to the proposed historic district, landmark, or landmark site shall terminate. In the event that no decision is rendered within 180 days, the application shall be deemed disapproved. No application shall be renewed for a period of one year from the date of initial filing. An approved or disapproved application shall immediately be filed with the Board of Trustees, and notice of such approval or disapproval shall be mailed by the Village Clerk to the owners of the subject property.
[Amended 12-3-2002 by L.L. No. 23-2002]
All landmark designations approved by the Landmarks Preservation Commission shall be approved or disapproved by the Board of Trustees, and no designation of a landmark shall become effective until approved by vote of the Trustees. Where the Landmarks Preservation Commission disapproves an application, the Board of Trustees may overrule said Board and approve said application. Any vote of the Trustees to overrule the Landmarks Preservation Commission on any application shall be by a vote of one more than a majority of the Board of Trustees. The Board of Trustees, in its discretion, shall call a public hearing on all applications either approved or disapproved by the Landmarks Preservation Commission. Such hearing shall be advertised in a newspaper of general circulation in the Village at least 14 days prior to such hearing; and notice thereof shall be served, by mail postmarked at least 14 days prior to the date of the public hearing, upon the owner or owners of the proposed landmark or landmark site or on the owners of the properties within the proposed historic district and the owner or owners of all property located within 250 feet of the exterior boundary lines of the subject place, site, structure or historic district.
When the Board of Trustees approves or denies an application, the Building Inspector, the Landmarks Preservation Commission and the owner or owners of the subject property shall be notified, in writing, by the Village Clerk. If the Board of Trustees approves an application, the Village Clerk shall also notify the Building Inspector.
Upon receipt of notice that the Landmarks Preservation Commission is considering a place, site, structure, or building for designation as a landmark or landmark site or as part of an historic district, the Building Inspector shall not issue any permit for the demolition, alteration, or improvement of said place, site, structure, or building for a period of 240 days, unless prior to the expiration of said period there is a final determination by the Board of Trustees that said place, site, structure, or building has not qualified as a landmark or landmark site or as part of an historic district. If within said period the Board of Trustees designates the property in question as a landmark or landmark site or as part of an historic district no building permit shall be issued except pursuant to § 350-8 of this chapter.
[Amended 12-3-2002 by L.L. No. 23-2002]
Upon notification that the Board of Trustees has designated a landmark, a landmark site or historic district, the Building Inspector shall immediately cause such property to be so designated on the Landmark and Historic District Map.
After a place, site, structure or building has been duly designated by the Board of Trustees as a landmark or landmark site or within a historic district, the owner or owners of said landmark or landmark site or the owner or owners of property in a historic district shall be eligible for reimbursement for all or part of the general Village tax as provided in the resolution of the Landmark Preservation Commission subject to approval or disapproval by the Board of Trustees.
The owner or owners of a landmark or landmark site or the owner or owners of property in a historic district shall be reimbursed for the proper and timely payment of only those taxes accruing after the date of formal designation of the landmark or landmark site.
The Treasurer of the Village of Great Neck shall reimburse the owner or owners of a designated landmark or landmark site for paid taxes pursuant to § 350-6 of this chapter within 90 days after the funds from said taxes become available to him for purposes of this section.
The Treasurer shall have the authority to adopt such procedures as are reasonably necessary for the proper reimbursement of said taxes.
No structure, site, place or building designated as a Landmark or landmark site appearing on the Landmark and Historic District Map and the Official Zoning Map of the area in which the landmark or landmark site is located or any place, site, structure, building or property located wholly or partly within the boundaries of the historic district shall be constructed, altered, repaired, moved or demolished except in compliance with the requirements set forth in this section.
The Landmarks Preservation Commission shall review all plans for the moving, exterior construction, alteration or repair, landscaping or demolition of places, sites, structures or buildings designated as landmarks or landmark sites and all places, sites, structures or buildings wholly or partly within the boundaries of the historic district.
It shall be the duty of the Landmarks Preservation Commission to review such plans before a building permit for the proposed activity is granted by the Building Inspector.
The Landmarks Preservation Commission shall only review plans relating to the exterior features of a structure or building as are visible from the public way, and shall have no jurisdiction to consider interior walls, arrangements or structures.
In reviewing the plans, the Landmarks Preservation Commission shall give consideration to:
The historical and architectural value and significance of the building or structure and its relationship to the historic and architectural value of the surrounding area.
The general appropriateness of proposed exterior design, colors, arrangement, texture and materials.
Any other factors relating to aesthetic considerations which the Landmarks Preservation Commission deems pertinent to the benefit of the Village and to the historic significance of the structure or building and surrounding area.
Alterations, repairs and additions to buildings or structures located wholly or partly within the boundaries of the historic district or which are designated as landmarks shall be made consistent with the materials and styles of the particular architectural period of which said building or structure is characteristic.
New construction shall be consistent with the architectural styles of historic value in the historic district. However, the Landmarks Preservation Commission may approve the construction of buildings or structures which have a dissimilar architectural style to that of the historic district if said Commission deems it proper that the new construction will be in the best interests of the historic district.
Moving of buildings or structures designated as landmarks or located wholly or partly within the boundaries of the historic district may be allowed as an alternative to demolition.
Procedure for the review of plans.
Applications for a building permit to construct, alter, repair, move or demolish any place, site, structure or building designated as a landmark or any place, site, structure or building within or on the boundaries of the historic district shall be made to the Building Inspector pursuant to Chapter 237, Construction Codes, Uniform, Article I, Administration and Enforcement, of this Code, except as provided hereafter. The application shall state that the property is a landmark and/or is located within or on the boundaries of the historic district. Plans shall be submitted showing the structure or building in question and also giving its relation to adjacent structures or buildings and the construction, alteration, repair, moving or demolition sought to be accomplished.
The Building Inspector shall transmit the application and the plans to the Landmarks Preservation Commission.
The Landmarks Preservation Commission shall then review the plans according to the provisions of this chapter. In reviewing the plans, the Landmarks Preservation Commission may confer with the applicant or his authorized representative concerning the building permit.
Notwithstanding any other provisions of this chapter, if the applicant establishes to the satisfaction of the Commission that there is unnecessary hardship in the strict application of the provisions of this section, a notice to proceed will be granted if the applicant provides proof that the following facts and conditions exist:
That the land or improvement in question cannot yield a reasonable return if the proposed construction, removal, alteration or demolition is not permitted; or
That the hardship of the applicant is due to unique circumstances; the proposed alteration, construction, removal or demolition will not alter the essential character of the area; and the hardship is the result of the application of the chapter and is not the result of any act or omission by the applicant.
Any relief granted shall be in conformance with the objectives of this chapter.
The Landmarks Preservation Commission shall approve, modify and approve, or disapprove such plans within 60 days after receiving the application and said plans, and shall transmit a copy of its findings and determination to the Building Inspector and the applicant. If the Commission fails to act within 60 days of receipt of the application, the application shall be deemed to have been approved.
The Building Inspector shall not grant a building permit until such time as an application has been approved by the Landmarks Preservation Commission or 60 days have elapsed from the date the application is received by the Commission.
Nothing in this section shall be construed to prevent ordinary maintenance or repair, with like materials of similar quality and color, of any place, site, structure or building designated as a landmark or landmark site or any property located wholly or partly within the boundaries of a historic district.
This section shall not apply in any case where the Building Inspector or any authorized Village enforcement agency orders or directs the construction, removal, alteration or demolition of any improvement on a landmark site or in a historic district for the purpose of remedying conditions determined to be unsafe or dangerous to the life, health or property of any person.
The Building Inspector shall be responsible for appropriate public identification of areas designated as landmarks, landmark sites and historic districts on the Landmark and Historic District Map. The Landmarks Preservation Commission must approve the size, style, color, typography, material of construction and wording of all privately owned signs identifying landmarks, landmark sites and properties within historic districts, prior to installation, consistent with the provisions of § 350-8.
A violation of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
The imposition of the penalties in this section shall not preclude the Village Attorney from instituting any appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, demolition, alteration, repair, conversion, maintenance or use or to restrain, correct or abate a violation or to prevent an illegal act, conduct, business or use in or about any premises.