It is hereby declared as a matter of public
policy that the protection, enhancement and perpetuation of historic
sites and structures 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 of
Fishkill has many significant historic, architectural and cultural
resources which constitute its heritage, this article is intended
to:
A. Encourage the protection, restoration and use of buildings
and structures which represent distinctive elements of the Village's
historic, architectural and cultural heritage;
B. Foster civic pride in the accomplishments of the past;
C. Protect and enhance the Village's attractiveness to
visitors and the support and stimulus to the economy thereby provided;
and
D. Ensure the harmonious, orderly and efficient growth
and development of the Village.
[Amended 7-20-2009by L.L. No. 18-2009]
An Historic Preservation Overlay (HPO) Zone is hereby established
for the purposes of identifying districts, sites and structures which
represent elements of the Village's cultural, social, economic, political
and architectural history. The boundaries of such zone are delineated
on the "Village of Fishkill Zoning District Map with Historic Preservation
Overlay Zone." The following parcels are hereby added to the parcels
contained in the previous Historic Preservation Overlay Zone.
[Amended 5-10-2004 by L.L. No. 5-2004; 4-8-2014 by L.L. No.
2-2014]
No person shall carry out any restoration, reconstruction, or
new construction within the Historic Preservation Overlay Zone, nor
shall any person make any material exterior alteration or other change
in the appearance of a property or a structure, its siding material,
light fixtures, signs, sidewalks, fences, steps, paving or other exterior
elements visible from a public street which affect the appearance
and cohesiveness of the historic district in which it is located,
without first obtaining a certificate of appropriateness from the
Architectural Review Board. In-kind replacement of windows, roofing
materials, siding and other such elements, and repainting of structures
with the same color shall not be considered a material change requiring
a certificate of appropriateness.
[Amended 9-28-2009 by L.L. No. 28-2009]
A. An applicant whose certificate of appropriateness for a proposed
alteration has been denied may apply to the Zoning Board of Appeals
for relief on the ground of hardship. In order to prove the existence
of hardship in this case, the applicant shall establish that the property
is incapable of earning a reasonable return regardless of whether
that return represents the most profitable return possible.
[Amended 5-24-2010 by L.L. No. 6-2010]
All work performed pursuant to a certificate
of appropriateness issued under this article shall conform to all
requirements included therein. It shall be the duty of the Code Enforcement
Officer to periodically inspect all such work to assure compliance.
In the event it is found that work is not being performed in accordance
with the certificate of appropriateness or upon notification of such
fact by the Architectural Review Board, 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.