Castelton On Hudson Village
City Zoning Code
City Zoning Code
ARTICLE IX
Historic Overlay District
§ 210-65 Purpose.
The purpose of this article is to promote and protect the educational, cultural, economic and general welfare of the public through the protection, enhancement, perpetuation and preservation of the Village of Casleton-on-Hudson's architectural heritage. It is the further intent of this article to:
To achieve these purposes, a Historic Overlay District is designated, with boundaries as shown on the Zoning Map.
§ 210-66 Applicability.
The provisions of this article shall apply to any rehabilitation, restoration, alteration, demolition or construction of structures within the Historic Overlay District.
This article shall apply only to exterior features of the structure which are visible to the public.
Nothing in this article shall be construed to prevent normal maintenance or repair of any exterior feature on a structure within the Overlay District which does not involve a change in design, material or the outward appearance of a structure.
§ 210-67 Review Commission.
A Review Commission is established to review and act upon all applications submitted under the provisions of this article before any permits are issued by the Building Inspector.
Composition.
The Review Commission shall consist of seven members appointed by the Village Board: five members shall be the members of the Village Planning Board, appointed pursuant to Article XIV of this chapter; one member shall be the Village Historian, if the Village Historian is unavailable, one member from a list submitted to the Village Board by the Historical Society of Esquatak; and one current or retired New York State licensed architect.
[Amended 5-16-1994 by L.L. No. 2-1994]
All members of the Review Commission shall be full voting members.
Terms of office.
Of the remaining two members, one shall be appointed for a three-year term; and one shall be appointed for a two-year term. These terms shall expire at the end of the official year. At the expiration of these terms, successors shall be appointed for terms of five years.
The Chairperson and Vice Chairperson of the Review Commission shall be appointed by the Village Board, or upon failure to do so, the Review Commission may select a Chairperson and Vice Chairperson from its membership.
Vacancies shall be filled from the original source. A vacancy occurring from the Planning Board shall be filled according to Article XIV. Vacancies from the American Institute of Architects and the Historical Society of Esquatak shall be filled from a list submitted by these bodies to the Mayor, and approved by the Village Board.
General operation.
The Review Commission may, subject to Village Board approval, make, promulgate and adopt written bylaws, rules, procedures or forms necessary for the proper execution of its duties and securing the intent of this article.
The Village Board shall provide operating expenses for the Review Commission. Expenditures of the Review Commission shall not exceed the amount of appropriation.
The Review Commission shall use the clerical staff which serves the Planning Board.
Meetings. Meetings shall be held at the call of the Chairperson or at other times the Commission may determine. Meetings shall be subject to the Open Meetings Law as found in the Public Officers Law and the Freedom of Information Law.
Minutes and records. The Review Commission shall keep proper minutes of its meetings and records of its examinations, official actions, advisory reports and general studies. The minutes shall show how each member voted on every question. The minutes shall also indicate if a member is absent or fails to vote. The Commission shall file a record of all determinations with the Village Clerk for the public record.
Powers and duties. It shall be the duty of the Review Commission to exercise aesthetic judgment, maintain the desirable character of the Historic Overlay District and pursue the purposes of this article through its review of all proposals falling within the criteria of § 210-66 of this article. The Review Commission shall also have the following powers and duties:
To approve the unconditional or conditional issuance of a certificate of approval for demolition, alteration, removal or construction of structures.
To deny a certificate of approval for the demolition of structures or exterior architectural features of structures when the applicant has not satisfied the requirements for the demonstration of economic hardship in § 210-70C(2), (4) and (5).
To retain or employ professional consultants and other persons necessary to assist the Review Commission.
To conduct surveys and studies relating to the purposes and responsibilities of the Review Commission.
To make recommendations concerning changes in size, administration or regulations concerning the Historic District.
To make recommendations concerning preparation of maps, brochures, historical markers and other materials for selected purposes.
To advise owners of historic buildings on problems of preservation and restoration.
To exercise any other power not inconsistent with law to implement its functions and the purposes of this article.
Nothing in this article shall authorize the Review Commission to act or adopt regulations affecting use of land or population densities or to regulate the location of buildings designed for specific uses or to create districts for any such purposes.
§ 210-68 Procedure.
The Review Commission shall operate according to the following standards and procedures:
No change in the exterior feature of a structure shall be commenced without a certificate of approval from the Review Commission, nor shall any certificate of compliance, building permit or demolition permit be issued without a certificate of approval. The Building Inspector shall forward all applications for a certificate of approval to the Review Commission. Any project requiring review by the Planning Board under the provisions of the State Environmental Quality Review Act or under Article VIII, Site Plan Review, of this chapter shall be submitted by the Building Inspector to the Planning Board, which shall conduct its review in a timely and coordinated manner with the review of this Review Commission.
All applications for a certificate of approval shall be made in writing in a manner prescribed by the Review Commission, and shall contain the following:
The name, address and telephone number of the applicant, and of the owner, if the applicant is acting for the owner.
A sketch plan showing the location of buildings or structures, the architectural features of which are proposed to be changed.
Sketch elevations or photos with appropriate notations showing the proposed change.
Samples of materials to be used in the proposed change.
Preliminary concept conference.
A preliminary concept conference between the Review Commission and the applicant shall be held to discuss and review the basic concept for any proposed repair, alteration, rehabilitation, new construction or other activity coming under the provisions of this article, and to generally determine the scope and impact of the proposal on the intent of this article.
The Review Commission shall work with the applicant to refine and develop his proposal so it is in harmony with the intent of this article and complies to the greatest extent possible with the 1978 Secretary to the Interior's Guidelines for Rehabilitation. At the preliminary concept conference, the Review Commission shall also specify any additional information it may require of the applicant for a formal submission.
§ 210-69 Standards for review.
General. In reviewing any application, the Review Commission shall be guided by the following general standards:
The historical or architectural value and significance of the structure and its relationship to the historic value of the surrounding area.
The general appropriateness of the exterior design, arrangement, texture and materials proposed to be used.
Any other factor, including aesthetic, which it deems pertinent.
The following specific standards shall apply in appropriate cases, and no certificate of approval shall be issued until the following conditions are met:
Alteration. No alteration, repair or rehabilitation shall remove or destroy architectural features of a building unless the applicant proves that a compelling reason exists for the removal of the features.
New construction. Any new construction occurring within the Historic Overlay District shall comply with the following standards:
Compatibility with the architectural style and spirit of the Historic Overlay District in terms of materials, size, scale, rhythm, texture and other appropriate considerations.
Compatibility with the architectural style and spirit of Historic Overlay District in terms of height; infill construction and additions shall not exceed the height of the next two abutting buildings, nor shall the minimum height be less than the lower of the next two buildings on either side of the building site.
In cases of alterations not removing or destroying architectural features, repairs, alterations and rehabilitation of existing buildings should either be consistent with the spirit of their architectural style or should alter the structure to an appropriate appearance consistent with the architectural style of this district.
§ 210-70 Demolition.
Demolition is prohibited in the case of all structures erected in or prior to 1890, unless the Review Commission is satisfied that the structure presents public safety hazards which cannot be eliminated by the economic means available to the applicant or owner, and which have not been caused by neglect or the intentional activity of the applicant or owner.
Demolition is prohibited in the case of any structure erected subsequent to 1890 if the Review Commission determines it to be of particular architectural or historic significance.
Procedure for a certificate of approval to permit demolition.
The Building Inspector shall forward all applications for a demolition permit within the Historic District to the Review Commission.
Burden of proof; reuse of land.
The burden of proof in establishing that no reasonable economic return can accrue to the applicant unless the demolition permit is issued rests with the applicant. The application shall contain such information as is necessary to make a determination of no reasonable return.
The applicant shall also submit a plan for the reuse of the land. The plan shall consist of a written statement of intent, an analysis of the benefit of the proposed use to the Village, an analysis of the compliance of the proposed use to the intent and provisions of this chapter, sketch plans and sketch elevations of any proposed new construction.
The Review Commission shall make a preliminary evaluation of the application within 30 days.
If the burden of proof is sufficient and no reasonable return is established to the satisfaction of the Review Commission, the Commission shall issue a certificate of approval for the demolition permit application.
If the Review Commission is not satisfied that the applicant has sufficiently established that no reasonable return can be made by retaining the structure, the Review Commission, in consultation with the applicant, shall within 60 days of the receipt of the application propose a plan for the economic reuse of the structure. This plan may include, but shall not be limited to, the identification of alternative owners who are financially capable of retaining the structure, partial or complete tax exemption, private financing, remission of taxes, authorization for alterations, construction or reconstruction appropriate for and not inconsistent with the effectuation of the purpose of this article. Any proposal involving the remission of taxes shall first be approved by the Village Board.
In any case where the Review Commission formulates a plan, it shall mail a copy of the plan to the applicant promptly, and, in any event, within the 60 days. A public hearing on the plan shall be held within 90 days from the date of receipt of the application.
In any case where the Review Commission determines, after holding a public hearing, that the plan which it has formulated meets the standards and purposes set forth in this article, the plan, as originally formulated, or with such modifications as the Commission deems necessary or appropriate, shall be approved by the Review Commission. A copy of the approved plan shall be mailed to the applicant.
The applicant may accept or reject the plan by written acceptance or rejection filed with the Review Commission. If an acceptance is filed, the Commission shall deny the applicant's original request for a certificate of approval. If a new application for a permit from the Building Inspector and a new request for a certificate of approval are filed which conform with the proposed plan, the Commission shall grant the certificate as promptly as is practicable and in any event within 30 days after such filing. If the applicant rejects the plan, the Review Commission may deny the applicant's request for a certificate of approval.
If the application for a certificate of approval is denied, the Building Inspector shall not issue a permit for demolition or for any other work not specifically reviewed and approved by the Commission.
§ 210-71 Minimum maintenance standards.
Owners of structures in the Historic District are responsible for stabilization of vacant structures. Structures shall be made secure from the elements and vandalism.
No owner shall willfully allow a structure to deteriorate to the point where it becomes a public safety hazard, as defined Chapter 106, Unsafe Buildings, relating to the definition and control of dangerous buildings. The Building Inspector shall vigorously pursue and enforce the provisions of Chapter 106, Unsafe Buildings, in promoting the intent of this chapter and of this article.
§ 210-72 Change of use.
[Amended 5-16-1994 by L.L. No. 2-1994]
Change of use will be controlled in an attempt to promote the traditional Downstreet concept in the Historic District as a focus for residential, commercial, governmental and social activity and to encourage and provide for a vertical mix of uses within structures.
The Building Inspector shall forward all applications for any change in use as same exists at time of amendment to this chapter within the Historic District to the Historic Review Commission.
Current use must be maintained subject to deviation therefrom as approved after the Historic Review Commission is satisfied that no reasonable economic return can accrue to the applicant unless use is changed.
Burden of proof rests with the applicant. The application shall contain such information as is necessary to make a determination of no reasonable return.
The applicant shall also submit a plan for the reuse of the property which shall be subject to site plan review.
The Historic Review Commission shall make a preliminary evaluation of the application within 30 days of submission.
If the burden of proof is met and no reasonable return is established to the satisfaction to the Historic Review Commission and the Planning Board approves the site plan review, the Historic Review Commission shall issue a certificate of approval for the change in use permit application.
If the application for a certificate of approval is denied, the Historic Review Commission shall not issue a permit for change of use or for any other work not specifically reviewed and approved by the Historic Review Commission.
§ 210-73 Appeals.
Any applicant aggrieved by an action or decision of the Review Commission shall have the right to appeal to the Zoning Board of Appeals for a variance as established in Article XIII of this chapter.
§ 210-74 Violations.
Violation of this article or of any rules, regulations and procedures adopted pursuant to this chapter shall be subject to the penalties enumerated in Article XVI of this chapter. In addition, the Review Commission is empowered to request that the Board of Trustees move to seek any injunction or other civil relief which may be necessary to secure the intent of this article.