[Adopted 6-5-2007 by L.L. No. 7-2007]
It is the intention of the Board of Trustees
of the Incorporated Village of Northport to enact legislation to preserve
the Village's heritage and character by establishing a policy which
will protect, enhance and perpetuate historic sites, structures and
buildings in the Central Business A and Central Business B Zoning
Districts. The Board finds that such regulation will enhance the cultural,
educational, economic and general welfare of the public, and ensure
the harmonious, orderly and efficient growth and development of the
Village consistent with its unique heritage and character.
For the purposes of this article, the following
phrases shall have the following meanings.
ALTERATION
Any work on a structure for which a building permit is required
and any material change to the exterior appearance of a structure,
excluding cleaning and minor repairs; includes the refacing or resurfacing
of the exterior facade of a structure or building in any manner which
would substantially and significantly affect its character and appearance,
as well as an act or process which substantially and significantly
changes one or more of the exterior architectural features of a building
or structure. The term "alteration" shall include the attachment of
gates, fences, bars or other such devices to the windows or exterior
facade of a structure or building.
DEMOLITION
The destruction of an entire structure, whether or not the
foundation is also destroyed pursuant to the requirements of a duly
issued demolition permit.
HISTORIC PROPERTY OR SITE
The property, including any structures and/or buildings which
are located on said property, which the Board of Architectural and
Historic Review has determined is subject to historic review under
this article.
HISTORIC REVIEW
The review of applications for demolition or alteration of
structures within the Central Business A and Central Business B Zoning
Districts which the Board of Architectural and Historic Review has
determined meet the criteria for such review pursuant to this article.
HISTORIC STRUCTURE
Structures which the Board of Architectural and Historic
Review has determined pursuant to this article to be subject to historic
review.
PROPERTY OWNER
A person or business entity having an ownership interest
in and to a parcel of land and/or structure.
SERIOUS STATE OF DISREPAIR
Deterioration of exterior walls or other vertical supports;
deterioration of roofs or other horizontal members; deterioration
of exterior chimneys; deterioration or crumbling of exterior facade,
stucco, shingles or mortar; ineffective waterproofing of exterior
walls, roofs or foundation, including broken windows or doors; deterioration
of any feature so as to create a hazardous and unsafe condition, which
may result in a claim that demolition, in whole or in part, is necessary
to protect the public safety.
STRUCTURE
Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including but
not limited to objects, buildings, outbuildings, fences, decks, statuary,
pillars, columns, steps, stairways, gazebos, walls, sidewalks, walkways,
pavements, signs, billboards, towers, swimming pools, and other objects
or improvements.
TAX EXEMPTION
The application of partial tax exemption as provided for in Real Property Tax Law § 444-a, as approved by the Tax Assessor of the Village of Northport pursuant to §
14-9 herein.
No demolition or building permit may be issued
for any structures located within the Central Business A or B zoning
districts unless an application to demolish or to make alterations
or to erect has first been approved by the Board of Architectural
and Historic Review as follows:
A. Upon receipt of a written request for permission to erect a structure or demolish or make alterations to a structure in the Central Business A and Central Business B Zoning Districts made to any Village official, such request shall be referred to the Board of Architectural and Historic Review, which shall schedule a public hearing on the application to be held as soon as practicable but in no event later than 60 days from the time the application is complete. Upon conclusion of the public hearing, the Board shall make a written determination whether historic review is required within 45 days, applying the criteria set forth in §
14-4 of this article. If it finds that historic review is not required, then it shall grant authorization to demolish and/or make alterations, subject to such Code requirements that otherwise apply. Nothing contained in such authorization shall be construed to waive any other Code or other lawful requirements.
B. The determination of the Board of Architectural and Historic Review regarding whether historic review under this article is required shall be final and binding for all present and future applications to demolish or make alterations to the subject structure, unless this article is amended, in which case the provisions of such amendment shall apply, and subject to the right of the property owner to file a hardship application as provided for in §
14-7 herein.
C. A property owner may consent to historic review at
the time he/she submits an application for a building or demolition
permit. Such consent shall be made in a form as prescribed by the
Board of Architectural and Historic Review. It will preclude the need
for a public hearing to determine whether historic review is required
and operate the same as if the Board had made a finding that historic
review is required.
D. In making the determination whether historic review
is required, the Board of Architectural and Historic Review shall
receive such evidence as any interested party may wish to submit.
In the event the Board determines that it requires independent expert
review, it may authorize same. The fee of such expert shall be paid
by the Village.
E. In the event the Board of Architectural and Historic Review finds that historic review pursuant to this article is required, it shall thereafter apply the standards set forth in §
14-5 to determine whether to grant, deny or conditionally grant an application for a permit to demolish or make alterations to the structure(s) and property which was the subject of such determination by the Board.
F. The Board of Architectural and Historic Review has
discretion to combine any public hearings it may hold pursuant to
a single building or demolition permit application, including hearings
on the following:
(1) Whether historic review is required;
(2) Historic review under the procedures and criteria set forth in §
14-8;
(3) Architectural design review under the procedures and criteria set forth in Chapter
13 of the Village Code;
(4) Whether a hardship is present that warrants a waiver
of historic and/or architectural review requirements.
G. The Village shall take such measures as appropriate
to ensure that Village records note those structures or properties
within the Central Business A and Central Business B Zoning Districts
that have been determined by the Board of Architectural and Historic
Review as requiring historic review. These measures may include, but
shall not be limited to, maintaining an official list of such properties
and structures, along with a copy of the Board's determination and
a description of the structures to which this restriction applies,
and updating assessment records, building cards and related records.
No person shall carry on any exterior alteration,
restoration, reconstruction, demolition or new construction or moving
of structure(s) nor shall any person make any material change in the
appearance of such property, its exterior light fixtures, signs, sidewalks,
fences, steps, paving, or other exterior elements which affect the
appearance and cohesiveness of the structures located on said properties,
which the Board of Architectural and Historic Review has determined
is required to submit to historic review under this article, without
first obtaining a permit from the Board of Architectural and Historic
Review:
A. No work shall be commenced and no Village official
shall grant, issue or release a demolition permit or a building permit
to erect, construct, reconstruct, repair, restore, renovate, rehabilitate
or alter any building or structure where the Board of Architectural
and Historic Review has determined that such structure(s) and/or property
are subject to historic review under this article if it will change
the exterior design or appearance thereof unless a permit has been
granted by the Board of Architectural and Historic Review, and no
improvement, building or structure on such a location shall be moved,
demolished or razed, in whole or in part, unless such permit has been
approved. The permit required in this article shall be in addition
to and not in lieu of any building or demolition permit or other approval
required by all applicable local, state and federal laws, rules, regulations
and ordinances.
B. Nothing contained in this section is intended to prohibit
the construction, reconstruction, maintenance, repair, alteration,
improvement or rehabilitation of public highways, streets, roads,
walkways, sidewalks, bridges, culverts, sewer and drainage facilities,
water facilities and other public property by Village, Town, County,
state and/or federal agencies or utility companies.
C. Nothing contained in this section is intended to prevent
changes to the interior of an improvement, building or structure;
or intended to prevent the ordinary maintenance and such repairs as
do not change an exterior architectural feature, the exterior design,
material, or outward appearance of an improvement to a building or
structure which has been determined to be required to submit to historic
review under this article.
D. This section is not intended to prevent the erection,
construction, reconstruction, restoration, rehabilitation, repair,
alteration or demolition of any part of an existing exterior feature
or facade which, in the opinion of the Building Inspector and/or the
Fire Marshal presents an immediate safety hazard and requires an immediate
emergency repair to preserve the structure or to safeguard the health
and safety of its occupants or other persons. The term "emergency
repair" shall not include major replacements/repairs and is limited
to the work necessary to stabilize the structure or to protect the
safety of occupants or the public. No additional work is to be performed
until a required permit has been requested by the applicant and granted
by the Board of Architectural and Historic Review and all other required
approvals and permits are obtained.
E. Nothing in this article is intended to relieve a property
owner from obtaining a building or demolition permit or other approvals
required by local, state and/or federal law, rules, regulations and
ordinances. The work performed shall be in compliance with all applicable
requirements.
F. Following the procedures set forth below in §
14-8, the Board shall make written findings granting, denying or granting with conditions the application for a permit to demolish and/or make alterations to a structure or property subject to historic review under this article. Such determination shall be based upon a consideration of the following factors as they relate to the historic significance of the structure or property:
(1) The impact of the proposed changes on the special
character or historic, architectural, engineering, cultural or aesthetic
interest or value of the structure or site and/or the surrounding
properties and/or structures, including other properties and structures
within the Central Business A and Central Business B Zoning Districts;
(2) The general design, character and appropriateness
to the property of the proposed action;
(3) The scale of the proposed construction or alteration
in relation to the property itself, surrounding properties and the
neighborhood;
(4) Whether the proposed construction or alteration is
visually compatible with the textures, materials and colors of the
facade and roof of the existing building or structure, and its proportion
and configuration;
(5) The legally permitted use of the property and of the
improvements, buildings and structures therein;
(6) Any other factor which in the opinion of the Board
is relevant or necessary;
(7) In the event of an application to raze or demolish,
in whole or in part, a structure subject to this article, the Board
shall, in addition to the foregoing, consider the structural condition
and the economic feasibility of alternatives to the proposal; and
the importance to the Village and the extent to which its special
character or architectural, engineering, cultural, historic or aesthetic
interest or value is such that its removal would be detrimental to
the public interest or its retention would benefit the community;
(8) The applicant shall use such materials in the erection
or alteration of a structure as the Board determines are reasonable
under all of the circumstances. The Board may allow the use of substitute,
artificial materials, in accordance with the United States Secretary
of the Interior's standards for rehabilitation and guidelines for
rehabilitating historic buildings, in lieu of original, authentic
style materials if the historic appearance and character of the structure
can be maintained. The Board should also allow such substitute materials
if the applicant demonstrates a substantial hardship if required to
use original, authentic materials.
The owner of the property and any person who
demolishes, alters, constructs, or permits a property subject to this
article to fall into a serious 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, if directed to do so by
the Board of Trustees, which shall make such determination at a public
hearing where substantial evidence establishes that a violation as
described herein occurred. Ten days' notice of the public hearing
shall be made by written notice to the property owner and occupant
and by publication in the official newspaper of the Village. Any action
to enforce this subsection shall be brought by the Village Attorney.
The Village shall be entitled to recover the costs of such civil action,
including reasonable attorney's fees, if it prevails in such action
by settlement or court determination. This civil remedy shall be in
addition to and not in lieu of any criminal prosecution and penalty.
All applications to the Board shall be accompanied by a fee as established by the Village Board and set forth from time to time by resolution in Chapter
147, Fees. The Board shall assess fees to the applicant in compliance with §
147-4.
The provisions of this article shall supersede
any inconsistent Code provisions with respect to the subject matter
hereof.