Chatham City Zoning Code
ARTICLE XIII
Historic Overzone
§ 110-49 Purpose; designation.
A.
The Historic Overzone shall provide for the preservation of historic sites, areas, buildings and landmarks located in the Village of Chatham beneficial to the general welfare of the community. The purpose of designating an Historic Overzone District is to:
(1)
Safeguard the heritage of the Village of Chatham by preserving an area in the village which reflects its cultural, social, economic and architectural history.
(2)
Protect buildings, structures and areas within the district which are recognized as historic sites and landmarks.
(3)
Stabilize and improve property values.
(4)
Foster civic beauty and community spirit.
(5)
Strengthen the local economy.
B.
Pursuant to these purposes, there is designated in the Village of Chatham an overzone known as the "Historic Overzone," with boundaries as shown on the Zoning Map.
§ 110-50 Review standards.
[Amended 3-27-1997 by L.L. No. 1-1997]
All plans for the construction, alteration, change in exterior color, repair, moving or demolition of structures or the of a sign in the Historic Overzone District shall first be submitted to the Village Planning Board for site plan approval. If the proposed action is otherwise subject to site plan or special use permit approval, the review under this section shall be conducted as part of such approval. The Board shall review all such exterior features of the structure as are visible from public streets, sidewalks, greens, parks or alleys and shall not review alteration on the interior of the structure. In reviewing the plans, the Board shall apply the following standards (along with illustrated design guidelines, if any have been adopted):
A.
Properties which contribute to the character of the historic district shall be retained, with their historic features altered as little as possible.
B.
Any alteration of existing properties shall be appropriate to their historic character, as well as to the surrounding district.
C.
New construction shall be appropriate in exterior appearance to the district in which it is located. New construction shall be compatible with the neighboring historic buildings and with the Historic District.
D.
In determining appropriateness, the Board shall consider the following factors:
(1)
The general design, character and suitability to the property of the proposed alteration or new construction.
(2)
The scale of the proposed alteration or new construction in relation to the property, surrounding properties and the neighborhood.
(3)
Texture, materials and color and their relation to similar features of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties, including proportions of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm of spacing of properties on streets, including setbacks.
(5)
The importance of historic, architectural or other specific features to the significance of the property.
E.
Demolition shall be prohibited in the case of all structures unless the Planning Board determines that the retention of the structure constitutes a hazard to public safety which cannot be eliminated by other economic means available to the owner or the Planning Board determines that the structure is not of particular architectural or historical significance.
§ 110-51 Plan review procedure.
A.
Plans that otherwise require site plan or special permit approval shall be reviewed according to the appropriate procedures.
B.
Plans that require site plan approval solely because of the Historic Overzone provisions shall be treated as minor project site plans and reviewed accordingly. Information requirements and review criteria not relevant to historic preservation shall be waived for such applications.
§ 110-52 Maintenance.
Nothing in this chapter shall be construed to prevent ordinary maintenance or repair of any structure within the Historic Overzone District, provided that such maintenance or repair does not change the appearance of the exterior of the structure.
§ 110-53 Court review.
Any persons aggrieved by a decision of the Planning Board or Building Inspector acting under this Article may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such proceeding shall be instituted within 30 days after the filing of the decision of such Board or official in the office of the Village Clerk.
§ 110-54 Permitted uses.
The HO Historic Overzone District overlays underlying districts and requires the above review procedures. The permitted uses are determined by the underlying districts.
§ 110-55 Building height, lot area and yards.
The provisions of this Zoning Chapter governing the permitted height of buildings, the required lot area and the requirements of front, side and rear yards and other applicable provisions of the underlying district shall apply.