[Added 12-4-1996 by L.L. No. 11-1996]
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."[1] The following parcels are hereby added to the parcels
contained in the previous Historic Preservation Overlay Zone.[2]
A.
Upon the recommendation of the Architectural Review
Board, the Village Historian, a property owner or other interested
party, or on its own initiative, the Village Board may designate an
individual property as historic and place it in the Historic Preservation
Overlay Zone if it:
(1)
Is listed on the State or National Register
of Historic Places;
(2)
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;
(3)
Is identified with historic personages;
(4)
Embodies the distinguishing characteristics
of an architectural style; or
(5)
Is the work of a designer whose work has significantly
influenced an age.
B.
Notice of a proposed designation shall be sent by
registered mail to the owner of the property proposed for designation,
describing the property proposed and announcing a public hearing by
the Village Board to consider the designation. Where the proposed
designation involves so many owners that individual notice is infeasible,
notice may instead be published at least once in a newspaper of general
circulation at least 10 days prior to the date of the public hearing.
Once the Village Board has issued notice of a proposed designation,
no building permits for the subject property shall be issued by the
Code Enforcement Officer until the Village Board has made its decision.
[Amended 5-24-2010 by L.L. No. 6-2010]
C.
The Village Board shall hold a public hearing prior
to the designation of any property as historic and placement of said
property in the Historic Preservation Overlay Zone. The Village Board,
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
site or structure.
D.
The Village Board shall forward notice of each property
placed in the Historic Preservation Overlay Zone to the respective
property owner(s) and to the Village Clerk for recordation. The boundaries
of the Historic Preservation Overlay Zone shall be revised accordingly
on the Zoning Map of the Village to include the designated property.
[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.
A.
In passing upon an application for a certificate of
appropriateness, the Architectural Review Board shall not consider
changes to interior spaces, unless they are open to the public, or
to architectural features that are not visible from a public street.
The Architectural Review Board's decision shall be based upon the
following principles:
(1)
The historic features of historic properties
shall be altered as little as possible, and previously altered historic
features shall be restored wherever possible;
(2)
Any alteration of an existing historic property
shall be compatible with its historic character as well as with the
surrounding district; and
(3)
New construction and the alteration of nonhistoric
structures shall be compatible with the historic properties.
B.
In applying the principle of compatibility, the Architectural
Review Board shall consider the following factors, as appropriate:
(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)
The texture, materials and color, as well as
their relation to similar features of other properties in the neighborhood;
and
(4)
The visual compatibility with surrounding properties,
including the proportion of the property's front facade, the proportion
and arrangement of windows and other openings within the facade, the
roof shape and the rhythm of the spacing of properties on streets,
including setbacks.
A.
Prior to the commencement of any work requiring a
certificate of appropriateness, the owner shall file an application
for such a certificate with the Architectural Review Board. The application
shall contain:
(1)
Name, address and telephone number of the applicant.
(2)
Location and photographs of the property.
(3)
Elevation drawings of proposed changes.
(4)
Perspective drawings, including relationship
to adjacent properties, if available.
(5)
Samples of colors and materials to be used.
(6)
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.
(7)
Any other information which the Architectural
Review Board may deem necessary in order to visualize the proposed
work. Further, the Architectural Review Board may waive the submission
of application materials which the Board deems superfluous when the
proposed modication is limited to a change in the color(s) of a structure.
B.
In the case where a site plan application is also
required for the proposed work, the above application materials may
be included with the site plan application made to the Planning Board.
C.
No building permit shall be issued for such proposed
work until a certificate of appropriateness has first been issued
by the Architectural Review Board. The certificate of appropriateness
shall be in addition to and not in lieu of any building permit or
approval that may be required by any other law of the Village of Fishkill.
D.
All decisions of the Architectural Review Board shall
be in writing. A copy shall be sent to the applicant by registered
mail and a copy filed with the Village Clerk for public inspection.
The Architectural Review Board decision shall state the reasons for
denying or modifying any application.
[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.[1]
[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.
A.
Nothing in this article shall be construed to prevent
the ordinary maintenance and repair of any exterior architectural
feature of a property within the Historic Preservation Overlay Zone
which does not involve a change in design, material, color or outward
appearance. The provisions of this section supplement the requirements
of the NYS Property Maintenance Code.
[Amended 4-8-2014 by L.L. No. 2-2014]
B.
No owner or person with an interest in real property included in
the Historic Preservation Overlay Zone shall permit a property to
fall into a state of disrepair so as to produce a detrimental effect
upon the character of the Historic Preservation Overlay Zone or the
character of the property itself, or which creates or permits a hazardous
or unsafe condition, as determined by the Code Enforcement Officer
with the assistance of the Architectural review Board, as needed.
Examples of deterioration indicative of a state of disrepair include,
but are not limited to:
[Amended 4-8-2014 by L.L. No. 2-2014]
(1)
Deterioration of exterior walls or other vertical supports which
have resulted in walls splitting, leaning, listing or buckling.
(2)
Deterioration of roofs or other horizontal members. Broken,
missing, sagging shifting, split, perforated or rotted roof component
or materials.
(3)
Deteriorated, inadequate or cracked foundation or supports.
(4)
Deteriorated or crumbling of exterior concrete blocks, brick,
rock, mortar, stucco, or siding.
(5)
Ineffective waterproofing of exterior walls and roofs as well
as ineffective sealing of cracks, joints and junctures.
(6)
Broken windows, broken doors and/or steps, as well as damaged
or unsealed entranceways, cellarways and areaways.
(7)
Deterioration of exterior chimneys, including chimneys which
may bulge, list, settle or with dislodged components.
(8)
Missing or damaged downspouts or gutters.
(9)
Standing water remaining within the proximity of the foundation
72 hours after the abatement of a storm or the recession of general
flood waters.
(10)
Any fault, defect or condition which renders the structure unsafe,
a hazard which could lead to the claim that demolition is necessary
for the public safety.
A.
Failure to comply with any of the provisions of this
article shall be deemed a violation, and the violator shall be subject
to penalties as provided in § 171-142 of this chapter.
B.
Any person who alters, constructs or permits a designated property
to fall into a state of disrepair in violation of this article shall
be required to restore the property and its site to its appearance
prior to the violation.
[Amended 4-8-2014 by L.L. No. 2-2014]
