[Adopted 6-14-1995 by L.L. No. 3-1995]
This article is an addition to and amends the
town's Comprehensive Development Ordinance. Pursuant to the provisions
of § 96-a and Article 5-K of the New York General Municipal
Law, it is hereby declared a matter of public policy that the protection,
enhancement, perpetuation and the use of buildings, structures, places
and sites of historic value is in the public interest for the Town
of Brighton. It is the purpose of this article to:
A. Safeguard the heritage of the Town of Brighton by
protecting and enhancing the landmarks which represent cultural, social,
economic, political and architectural history.
B. Foster civic pride in the beauty and history of Brighton
through education.
C. Protect and enhance the attractiveness of Brighton
to home buyers, visitors, shoppers and residents and thereby provide
economic benefits to the town and its citizens.
D. Conserve and improve the value of property within
Brighton.
E. Foster, encourage and advise the preservation, restoration
and rehabilitation of structures.
[Amended 7-26-2000 by L.L. No. 6-2000; 4-27-2022 by L.L. No. 5-2022]
No person shall carry out any exterior alteration,
restoration, reconstruction or new construction of or to a landmark,
nor shall any person carry out any demolition or moving of a landmark,
without first obtaining a certificate of appropriateness from the
Commission. The Commission may establish rules and/or policies, following
a public hearing, for determining when repairs to and maintenance
of landmarks will not require a certificate of appropriateness. Exterior
painting of a structure shall not require a certificate of appropriateness,
unless some or all of the surface to be painted is a brick, stone,
ceramic or other structure that cannot be returned to its original
color and/or condition after it is painted. The installation of a
generator, air-conditioning compressor or heat pump and all related
components which otherwise are placed and constructed in compliance
with the Town Code shall not require a certificate of appropriateness.
An applicant whose certificate of appropriateness
for a proposed demolition has been denied may apply for relief to
the Commission on the ground of hardship. In order to prove the existence
of hardship, the applicant shall establish that:
A. The property is incapable of earning a reasonable
return, regardless of whether that return represents the most profitable
return possible or, in the case of a property owned by an entity certified
under Section 501(c)(3) of the Internal Revenue Code, where the failure
to permit demolition would unreasonably interfere with the applicant's
charitable purpose;
B. The property cannot be adapted for any other use,
whether by the current owner or by a purchaser, which would result
in a reasonable return; and
C. Reasonable efforts to find a purchaser interested
in acquiring the property and preserving it have failed.
Any owner of a Landmark whose application for
a certificate of appropriateness for any purpose other than demolition
has been denied may apply to the Commission for relief on the ground
of hardship. In order to prove the existence of hardship for a business
commercial property, 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. If the
applicant is certified under Section 501(c)(3) of the Internal Revenue
Code, the applicant shall establish that denial of the proposed alteration
would unreasonably interfere with the applicant's charitable purpose.
All work performed pursuant to a certificate
of appropriateness issued under this chapter shall conform to any
requirements included therein. The Building Inspector and Fire Marshal
may inspect periodically any such work to assure compliance. In the
event work is found that is not being performed in accordance with
the certificate of appropriateness or upon notification of such fact
by the Commission, the Building Inspector or the Fire Marshal may
issue a stop-work order in which case, all work shall immediately
cease. No further work shall be undertaken on the project as long
as a stop-work order is in effect.
Where this article imposes greater restrictions than are imposed by the provision of any law, ordinance, regulation or private agreement, the provisions of this article shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by this article, such greater restrictions shall not be affected by this article. Notwithstanding the foregoing, this article does not supersede, abolish, transfer or curtail any authority or powers of the Town Board of the Town of Brighton granted pursuant to either Town Law or the Comprehensive Development Ordinance, including but not limited to the powers granted by Chapter
209 thereof.
[Adopted 2-10-1999 by L.L. No. 2-1999]
This article shall be known as the "Historic
Landmark Property Tax Abatement Local Law."
The provisions of § 444-a of the Real
Property Tax Law are hereby made applicable, in their entirety, to
alterations or rehabilitation of properties designated as landmarks
by the Historic Preservation Commission of the Town of Brighton.