[Added 4-22-2004 by L.L. No. 1-2004; amended 6-23-2005 by L.L. No.
4-2005]
Recognizing that the Village of Webster's rich and varied history
and vibrant present are evident in its commercial and residential
buildings and surroundings and recognizing that the preservation,
protection, and enhancement and continued use of these structures
and sites serves the best interest of all people, this article is
intended to:
A.
Preserve, protect and promote the use of historic landmarks which
reflect the Village's cultural, social, economic, political and architectural
history.
B.
Safeguard the property rights of owners.
C.
Stabilize and improve property values.
D.
Foster civic pride.
E.
Protect and enhance the appeal of the Village for residents, tourists,
and visitors and for the use in educational purposes.
F.
Encourage the harmonious orderly and efficient growth and development
of the Village.
A.
There is hereby created a commission to be known as the "Webster
Village Historic Preservation Commission."
B.
The Commission shall consist of five members, to be appointed to
the extent available in the Village of Webster, by the Mayor as follows:
(1)
At least one shall be an architect experienced in working with historic
structures, and when one is unavailable, arrangements will be made
to have one participate as a consultant;
(2)
At least one shall be an historian;
(3)
At least one shall be a resident of an historic district or structure;
(4)
At least two shall demonstrate 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 their serious interest in
the field; and
(5)
All members shall have shown a known interest in historic preservation
and architectural development within the Village of Webster.
C.
The Webster Village Preservation Commission members shall serve for
terms of six years, with the exception of the initial term of four
members, two which shall be three years, one which shall be four years,
and one of which shall be six years.
D.
A quorum for the transaction of business shall consist of three members
of the Commission's members, but not less than a majority of the full
authorized membership may approve or disapprove applications for certificate
of appropriateness applications for the designation of an individual
property as a landmark, and the approval or disapproval of applications
for the establishment of an historic district.
E.
The Webster Village Historic Preservation Commission shall meet monthly
on the third Tuesday of each month.
F.
The Chairperson shall be appointed by the Mayor and shall serve a
period of one year.
It shall be the duty of the Webster Village Historic Preservation
Commission to exercise aesthetic judgment and maintain the desirable
character of sites and structures which were issued certificates of
appropriateness within the designated historic district, prevent construction,
reconstruction, alteration or demolition out of harmony with existing
building insofar as style, materials, line and detail are concerned;
and thus prevent the degeneration of property, safeguard public health,
prevent fire, promote safety, and preserve the beauty and character
of the Historic District. In addition to the aforementioned powers,
the Webster Village Historic Preservation Commission shall have the
power and responsibility to:
A.
Conduct surveys of the exterior of the buildings and sites for the
purpose of determining those of historic and/or architectural significance
and pertinent facts about them.
B.
Formulate recommendations concerning the preparations of maps, brochures
and historical markers for selected historic and/or architectural
sites and buildings.
C.
Approve or disapprove applications for certificates of appropriateness
pursuant to historic structures and sites. Approve or disapprove applications
for landmark status, and applications for the establishment of an
historic district.
D.
Recommend acquisition of a landmark structure by the Village government
where its preservation is essential to the purpose of this section
and where private preservation is not feasible.
E.
Increase public awareness of the value of historic, cultural, and
architectural preservation by developing and participating in public
education programs.
F.
Adopt criteria for the identification of significant historic, architectural,
and cultural landmarks in the Historic District.
G.
Recommend to the Village Board, where appropriate, the acquisition
of facade easements or other interests in real property as necessary
to carry out the preservation of historic or architectural significant
property.
A.
Designation of an individual property as a landmark, or as part of
an historic preservation district is accomplished through the owner
making application to the Webster Village Historic Preservation Commission
and the Commission approving the owner's application. The Webster
Village Historic Commission cannot designate a property as a landmark
or part of an historic preservation district without the owner's consent.
The Webster Village Historic Commission may approve or disapprove
an individual property as a 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 locality, region, state, or nation; or
(2)
Is identified with historic personages; or
(3)
Embodies the distinguishing characteristics of an architectural style;
or
(4)
Is the work of a designer whose work has significantly influenced
an age; or
(5)
Because of unique location or singular physical characteristic, represents
an established and familiar visual feature of the neighborhood.
B.
The Webster Village Historic Preservation Commission may approve
or disapprove a group of adjoining properties as an historic district
if it:
C.
The boundaries of each historic district designated henceforth shall
be specified in detail on the Webster Village Zoning Map.
D.
The Webster Village Historic Preservation Commission shall hold a
public hearing prior to the approval of any landmark or historic district.
The Commission, owners, and any interested parties may present testimony
or documentary evidence at the hearing which will become part of a
record regarding the historic, architectural, or cultural importance
of the proposed landmark or historic district. The record may also
contain reports, public comments, or other evidence offered outside
of the hearing.
No person shall carry out exterior alterations, restorations,
reconstruction, demolition, new construction, or moving of a landmark
or property within an historic district, nor shall any person make
any material change in the appearance of such property, in its light
fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements which affect the appearance and cohesiveness of the landmark
or historic district, without first obtaining a certificate of appropriateness
from the Historic Preservation Commission.
A.
In passing upon an application for a certificate of appropriateness,
the Historic Preservation Commission shall not consider changes to
the interior spaces, unless they are open to the public. The Webster
Village Historic Preservation Commission's decision shall be based
on the following principles:
(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 its
historic character, as well as with the surrounding district; and
(3)
New construction shall be compatible with the district in which it
is located.
B.
In applying the principle of compatibility, the Commission shall
consider the following factors:
(1)
The general design, character, and appropriateness to the property
of the proposed alteration or new construction;
(2)
The scale of the proposed alteration or new construction in relation
to the property itself, surrounding properties, and the neighborhood;
(3)
Texture, materials, and color and their relation to similar features
to other properties in the neighborhood;
(4)
Visual compatibility with surrounding properties, 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.
A.
Prior to the commencement of any work requiring a certificate or
appropriateness (for properties that have been designated historic
landmarks in accordance with this article), the owner shall file an
application for such a certificate with the Building Inspector. The
application shall contain:
(1)
Name, address, and telephone number of applicant;
(2)
Location and photographs of property;
(3)
Perspective drawings, including relationship to adjacent properties,
if available;
(4)
Samples of color or materials to be used;
(5)
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
(6)
Any other information which the Commission may deem necessary in
order to visualize the proposed work.
B.
No building permit shall be issued for such proposed work until a
certificate of appropriateness has been issued by the Historic Preservation
Commission. The certificate of appropriateness required by this section
shall be in addition to and not in lieu of any building permit that
may be required by any other ordinance of the Village.
C.
The Webster Village Historic Preservation Commission shall approve,
deny or approve the permit with modifications within 60 days from
receipt of the completed application. The Webster Village Historic
Preservation Commission shall hold a public hearing on all applications
at which an opportunity will be provided for the public to present
their views.
D.
All decisions of the Webster Village Historic Preservation Commission
shall be in writing. A copy shall be sent the applicant and a copy
filed with the Village Clerk's office for public inspection. The Webster
Village Historic Preservation Commission's decision shall state the
reasons for denying or modifying the application.
E.
Certificates of appropriateness shall be valid for one year, after
which time the owner must reapply if he/she still wishes to undertake
work on the property.
An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the grounds of unnecessary hardship as defined in connection with use variance applications to this Code in § 175-76C(1)(a) through (d) within 30 days of receiving the disapproval notice from the Webster Village Historic Preservation Commission. The application shall be made in writing to the Webster Village Historic Preservation Commission for review of said decision. The Webster Village Historic Preservation Commission shall, after public notice, hold a public hearing to which the Webster Village Historic Preservation Commission, the owners of the property in question, and other interested parties shall be invited. Within 30 days after the hearing, the Webster Village Historic Preservation Commission shall either confirm or disallow the original decision.
