The Commission shall be guided by the following
standards in approving or disapproving plans except where the Commission
specifically finds that application of the following standards is
inappropriate or would create undue hardship for the applicant:
A. Alterations, repairs and additions. Alterations, repairs
and additions to existing buildings shall either be consistent with
the spirit of their architectural style or shall alter the structure
to render its appearance consistent with the architectural styles
existing in the Historic Districts.
B. New construction. New construction shall be consistent
in design with the architectural styles existing in the Historic Districts,
except in such instances of new construction as the Commission shall
determine to be inappropriate because structures adjoining the site
of such proposed new construction are of a significantly dissimilar
period of architecture. In such instances, the Commission may approve
such styles and periods of architecture as it deems proper for the
site and in the best interest of the Historic Districts.
C. In making its determinations under §§
205-37A and
205-37B above, the Commission shall consider the following guidelines which shall also be considered by the applicant and included in his/her plans to the extent that they are applicable:
(1) Materials.
(a)
Retention and/or restoration of old materials
are to be utilized. Removal or covering of old materials is to be
prohibited wherever practicable.
(b)
Compatible materials which are either similar
or visually quiet in relation to traditional ones used in the area
should be utilized in new construction or when restoration of original
materials is impossible. Inappropriate contemporary materials, including
those which attempt fake antiquity or rusticity, should be discouraged
or specifically excluded. When appropriate traditional materials cannot
be duplicated, preference should be given to contemporary materials
used in a straightforward manner which at the same time are not conspicuous
in the traditional context of the district.
(c)
Material selection for new buildings should
respond to the consideration for Historic Districts. In order to retain
the visual integrity of the area, contemporary materials such as glass,
curtain walls, concrete, etc., are acceptable, provided that the overall
effect of the building facade is visually quiet and compatible with
historic areas.
(2) Facade openings. Retention of original design and
style of sash, doors and size of openings in a facade of an existing
structure is to be accomplished wherever practicable. Restoration
of such features is to be encouraged when they have formerly been
altered.
(3) Facade rhythm and proportion.
(a)
By manipulation of architectural features, the
rhythm of separate building units existing on a new street is to be
carried across the facade of new structures which occupy more than
one house lot. Some of the ways in which such articulation may be
achieved easily on extended facades include rhythmical grouping of
openings in clusters, by reveals in the wall plane or by architectural
expression of a structural bay.
(b)
The facade of structures erected on single house
lots should be proportioned so that the height is compatible with
those in the area.
(4) Architectural features.
(a)
Ornamentation in wood, masonry or metal should
be preserved and repaired on all facades. In the case of missing elements,
when their configuration can be established they should be restored.
New infill structures may incorporate ornamental features common to
the district, otherwise, decorative features should be omitted from
projects of contemporary design.
(b)
Indication of floor levels by means of opening
placement and use of belt courses should be related primarily to those
generally indicated on the entire block and secondary to the two abutting
structures.
(c)
Front steps and porches on existing structures
should not be removed or rebuilt in a manner which may conflict with
the style of the structure or neighborhood.
(5) Demolition of buildings.
(a)
Demolition in areas designated for new development
will be permitted only after the developer of the site has submitted
and obtained approval of his or her plans for new development, including
an acceptable timetable and guarantees which may include performance
bonds for demolition and completion of the project. In no case shall
the time between demolition and commencement of new construction exceed
six months.
(b)
In the case of structures of architectural or
historical significance, the developer shall be required to show good
cause as to why such structures cannot be preserved.
(c)
Moving of structures of historical or architectural
value may be permitted as an alternative to demolition.
(6) Height of new construction.
(a)
Maximum building height shall not be greater
than the taller of the next two abutting structures on each side of
the building site.
(b)
Minimum building height of a street facade shall
not be less than the lower of the next two abutting structures on
each side of the building site.
[Amended 5-24-1999 by L.L. No. 1-1999]
The Commission may approve without reservations or conditionally approve, subject to specific modifications, or may disapprove any application for a building permit referred to it by the Building Inspector as set forth herein, provided that a finding of excessive dissimilarity or inappropriateness shall state not only that such excessive dissimilarity exists, but further that it is of such a nature as to be expected to provide one or more of the harmful effects set forth in §
205-36 hereof, and that the finding is not based on personal preference as to taste or choice of architectural style. As speedily as possible, but within 15 days after a building plan is referred to the Commission by the Building Inspector as herein provided, the Commission shall meet the Building Inspector, review such plans and determine whether to approve or disapprove the issuance of a building permit.
The Building Inspector shall refuse any permit application disapproved by the Commission as provided in §
205-39 above. The Building Inspector may approve any application conditionally approved by the Commission as soon as the conditions specified in such conditional approval have been fulfilled. If the Commission shall have approved any building permit application and such application shall otherwise be in conformance with all codes and ordinances of the Village of Ballston Spa, then the Building Inspector shall forthwith issue the permit applied for. He/she shall likewise issue the permit as applied for in the case of any building permit application referred to such Commission and on which such Commission has failed to act within 15 days of such reference by the Building Inspector.
Any person aggrieved by the action of the Commission
in disapproving or approving a building permit application and of
the Building Inspector in acting on such permit because of such disapproval
or approval may take an appeal therefrom to the duly constituted Zoning
Board of Appeals in the same manner as is provided for zoning appeals,
and such Zoning Board of Appeals, after proceeding in the same manner
as is provided for zoning appeals and with the same power and authority
therein vested in appealing upon appeals before it under the provisions
of law and this chapter and in the exercise thereof, may reverse,
affirm or modify and affirm the action of the Commission and of the
Building Inspector.
Upon request of the Planning Board, the Commission
shall consult with and advise the Planning Board with respect to any
site plan on which the Commission is required to pass under provision
of law or of this chapter.
Nothing in this Article shall be construed to
prevent the ordinary maintenance or repair of any exterior feature
in an Historic District which does not involve a change in design,
material or outer appearance thereof.