A.
Intent. It is desirable to take measures to provide for the creation
of an Historic and/or Architectural Design (HD) District in the downtown
core area in furtherance of the following public purposes which are
found to promote the economic, cultural, educational and general welfare
of the residents of the Village of McGraw:
(1)
To encourage the coordinated development of the downtown center in
a cohesive manner which will ensure a unified architectural style
consistent with the historic development in this area.
(2)
To provide for the protection, enhancement, perpetuation and use
of those districts and structures which are illustrative of the growth
and development in the Village of McGraw and which are of particular
historic or aesthetic value to the Village.
(3)
To foster civic pride in those elements of the Village's past
which give McGraw its unique character and set it apart from other
villages.
(4)
To promote the use of HD Districts as a means of providing enjoyment
and unique educational benefit by perpetuating the physical evidence
of McGraw's past.
B.
Requirements to establish an Historic and/or Architectural Design
District.
(1)
Historic and/or Architectural Design Districts are required to meet
the following criteria for designation upon the Zoning Map and to
be included under the provisions of this chapter:
(a)
The district must have a special character of special historic
or aesthetic interest or value as determined by the Planning Board;
or
(b)
It must represent one or more eras in the history of the Village,
region, state or nation and be illustrative of the historic growth
and development of the Village, region, state or nation; or
(c)
The district must possess a unique overall quality of architectural
scale, texture, form and visual homogeneity, even though certain structures
within the district may lack individual distinction.
(2)
An individual site and the building thereon, not part of a historic
district, may be designated a "landmark site" if it meets the above
criteria and shall be designated "LM" on the Zoning Map and shall
be subject to the same regulations as an historic district.
C.
Procedure to establish an Historic and/or Architectural Design District.
(1)
The establishment of a district shall follow the procedure presented
in this chapter or amendments to this chapter and shall have a special
designation upon the Zoning Map.
(2)
Proposals to designate a district shall be justified in findings
presented as a result of an historical resources survey for the district.
The survey shall be prepared and conducted as provided under the State
of New York Division of Historic Preservation, Office of Parks, Recreation
and Historic Preservation, Historic Resources Survey Manual, revised
edition 1974, and as further revised.
(3)
The resolutions of the Village Planning Board with respect to any
proposed designation or change thereof, together with the recommendations,
if any, of the Board shall be forwarded to the Village Clerk, who
shall transmit copies of the same to members of the Board of Trustees.
The Board of Trustees shall either adopt, modify or reject the recommendations
of the Planning Board with respect to a proposed designation or change
thereof.
D.
Creation of Review Commission.
(1)
The Planning Board of the Village of McGraw shall act as a Review
Commission for the purposes of this section. The Village shall appoint
two additional nonvoting ex officio members, one of which shall be
the Village Historian.
(2)
It shall be the duty of the Planning Board to exercise aesthetic
judgment and maintain the desirable character of the district and
prevent construction, reconstruction, alteration or demolition out
of harmony with existing buildings insofar as style, materials, color,
line and detail are concerned; to discourage degeneration of property
and safeguard public health, safety and fire prevention; and to promote
and preserve the beauty and historic character of the district. In
addition, the Planning Board shall have the power to:
(a)
Retain or employ professional consultants, at the expense of
the applicant, as may be necessary to assist the Planning Board in
carrying out its duties.
(b)
Conduct surveys of buildings for the purpose of determining
those of historic and/or architectural significance and pertinent
facts about them.
(c)
Formulate recommendations concerning the preparation of maps,
brochures and historical markers for selected historic and/or architectural
sites and buildings.
(d)
Cooperate with and advise the Village Board of Trustees and
other municipal boards and agencies in matters involving historic
and/or architectural sites and buildings.
(e)
Advise owners of historic buildings on problems of preservation
and restoration.
E.
Regulated actions; application. This section shall apply to all buildings,
structures, outbuildings, walls, fences, steps, topographical features,
earthworks, paving and signs in the HD District. No changes in any
exterior architectural feature, including but not limited to construction,
reconstruction, alteration, removal, demolition or painting, shall
be made except as hereinafter provided.
F.
Permitted uses. Any uses permitted in the primary zoning district
shall be permitted in the HD District.
G.
Area, height and bulk regulations. Area, height and bulk requirements
applicable to the primary zoning district shall apply.
H.
Procedure.
(1)
Notwithstanding any inconsistent law, local law, code, rule or regulation
concerning the issuance of zoning permits, no change in the exterior
architectural features of structures within the district shall be
commenced without a certificate of appropriateness (CA) from the Planning
Board, nor shall any zoning permits for such change be issued without
such certificate of appropriateness having first been issued. The
certificate of appropriateness required by this subsection shall be
in addition to, and not in lieu of, any zoning permit required by
any law, local law, code, rule or regulation of the Village of McGraw.
Any construction prior to obtaining a certificate of appropriateness
shall be in violation of the law and shall be the liability of the
property owner.
(2)
Application for a certificate of appropriateness shall be made in
writing upon forms prescribed by the Planning Board.
(3)
Issuance of certificate of appropriateness.
(a)
Within 30 days after a complete application is filed with the
Planning Board, or within such time as agreed to by the applicant,
in writing, the Planning Board shall hold a meeting to determine whether
the proposed construction, reconstruction or alteration of the exterior
architectural feature involved is appropriate and compatible to the
intent of the HD District as heretofore described. The applicant or
his/her designee is required to attend a meeting with the Planning
Board to address the appropriateness and compatibility of the project
before a decision by the Planning Board can be reached. This review
shall be in addition to any other permit or procedure.
(b)
In passing upon appropriateness, the Planning Board shall consider,
in addition to any other pertinent factors, the historical and architectural
value and significance, architectural style, general design, arrangement,
texture, material and color of the exterior architectural feature
involved and the relationship thereof to the exterior architectural
features of other structures in the immediate neighborhood.
(c)
If the Planning Board approves a material change proposed, the
Board shall issue a certificate of appropriateness, which shall specify
the work to be done. In issuing such certificate, the Board may prescribe
any conditions that it deems to be necessary to carry out the intent
and purposes of this section.
(d)
Notwithstanding the foregoing, if the Planning Board fails to
issue a certificate or to notify the applicant of its determination
not to issue a certificate within 30 days of holding a meeting with
the applicant present to address the appropriateness and compatibility
of the project, or within such additional time period as the Board
and applicant may agree to, such application shall be deemed approved.
(e)
In cases where the proposed construction, reconstruction or
alteration of the exterior architectural feature may be inappropriate,
owing to conditions especially affecting the structure involved but
not affecting the district generally, the Planning Board shall determine
whether failure to issue a certificate of appropriateness will involve
a substantial hardship to the applicant.
