Dobbs Ferry City Zoning Code
ARTICLE IV
Architectural and Historic Review Board
§ 300-17 Purpose and findings, establishment, powers and duties.
[Amended 6-14-2011 by L.L. No. 6-2011; 6-13-2017 by L.L. No. 4-2017]
A.
Purpose and findings. The Board of Trustees hereby states the following purposes and findings:
(1)
That Dobbs Ferry is a village of distinct neighborhoods, each of which has its own distinct architectural and landscape character related to the natural environment and historic context in which it was developed and the values of the people who have lived there over the course of time.
(2)
That Dobbs Ferry also is possessed of many distinct and unifying features that transcend particular neighborhoods, including the Hudson River waterfront, other smaller watercourses, generous open spaces, tree-lined streets, a traditional downtown and many hillside settings.
(3)
That Dobbs Ferry is home to a large number of long-standing institutions, the future use and development of which properties could have a substantial impact on the quality of life in the Village.
(4)
That building and design techniques and preferences have changed significantly throughout the course of the Village's period of settlement and are likely to continue to change in the future, thereby posing continuing challenges to the preservation of the unique attributes of Dobbs Ferry's neighborhoods and the Village as a whole.
(5)
That Dobbs Ferry has a special responsibility, owing to its location on the Hudson River waterfront and its many historic resources, to guide future changes to its physical design and the appearance of its buildings, structures and landscapes in a manner that preserves and enhances the Village's traditional appearance, natural features, historic features, and sense of place.
(6)
That, in light of the above findings, the establishment of an Architectural and Historic Review Board with the power to review and approve or disapprove development applications on the basis of objective design and historic preservation standards, to be set forth in this article, is in the best interests of the Village and its residents.
(7)
It is the purpose of this chapter to preserve the exterior traditional appearances of the buildings throughout the Village in the varying neighborhoods and to promote and protect the health, safety, morals and general welfare of the community. In addition, the Architectural and Historic Review Board's purpose is to conserve the value of the buildings and structures and encourage the most appropriate use of land within the Village.
B.
Establishment and organization.
[Amended 10-11-2022 by L.L. No. 7-2022]
(1)
There is hereby established in the Village of Dobbs Ferry an Architectural and Historic Review Board (AHRB) which shall consist of each member of the Village Planning Board. The term of each member of the Planning and AHRB shall run concurrently. The Chair of the Planning Board shall serve as the Chair of the AHRB. The meetings of the AHRB shall be conducted concurrently with the meetings of the Planning Board. The AHRB may conduct special meetings as necessary to meet the obligations of the board. All minutes, records, decisions or other official actions of the AHRB will be recorded as a component of the Planning Board records and shall be filed with the Village Clerk and become a public record.
(2)
All members of the AHRB shall be residents of the Village, and at least two members shall have particular expertise in architecture, historic preservation, landscape architecture, urban design, real estate, building construction, community, and regional planning or related fields. At least one member shall be a registered architect in the State of New York, and at least one member shall:
(a)
Possess a degree or certification in historic preservation granted by an institution of higher education; and/or
(b)
Demonstrate expertise in historic preservation through a history of employment in the field or in projects involving historic preservation in a related field such as architecture, construction or planning.
C.
Powers.
(1)
The Architectural and Historic Review Board has the right to promulgate and adopt rules and procedures, and amend same from time to time, as appropriate to the efficient operation of the board, with such rules and procedures to be memorialized in writing and maintained among the Village records. As one means to increase efficiency, the rules and procedures may include the ability to establish subcommittees of the board, in a number not constituting a quorum, for purposes of review and report back to the full board for consideration and action at public meetings of the board.
[Added 10-11-2022 by L.L. No. 7-2022[1]]
[1]
Editor's Note: This local law also renumbered former Subsection C(1) through (7) as Subsection C(2) through (8), respectively.
(2)
The Architectural and Historic Review Board has the right to refuse to hear applications that are not compliant with the provisions of this Code or that are not complete.
(3)
Excessive similarity. The Architectural and Historic Review Board may disapprove any application for a building permit referred to it which shall include the construction, reconstruction or alteration of any building or structure, provided that the Board finds that the building or structure for which the permit is applied would, if erected or altered, be so detrimental to the desirability, property values or development of the surrounding area, consisting of any lot fronting on the same street within 200 feet of the proposed site, as to provoke such harmful effects by excessive similarity to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application or for which an application for a permit is pending in respect to one or more of the following features of exterior design and appearance: apparently identical facade, identical size and arrangement of either doors, windows, porticos or other openings or breaks in the facade facing the street, including reverse arrangement, massing and/or other design elements, provided that a finding of excessive similarity shall be based upon a preponderance of evidence as set forth in the minutes.
(4)
Excessive dissimilarity. The Architectural and Historic Review Board may disapprove any application for a building permit referred to it, as provided in Subsection C(2) above, provided that the Board finds that the building or structure for which the permit is applied would, if erected or altered, be so detrimental to the desirability, property values or development of the surrounding area, consisting of any lot fronting on the same street within 200 feet of the proposed site, as to provoke such harmful effects by excessive dissimilarity or inappropriateness in relation to any other structure existing or for which a permit has been issued or to any other structure included in the same permit application or for which an application for a permit is pending, in respect to one or more of the following features: massing, cubical content, gross floor area, height or bulk of building or height of roof, or other significant features, such as but not limited to material, provided that a finding of excessive dissimilarity or inappropriateness shall be based upon a preponderance of evidence as set forth in the minutes.
(5)
Limits on ridge height, eave height and sky exposure plane. For any application in an OF or MDR-1 residential district submitted to the Architectural and Historic Review Board, the following shall apply:
(a)
Roof ridges shall not exceed a maximum height determined by multiplying the prevailing ridge height of existing buildings within the context limit area of the subject lot by 1.25. Existing ridge heights shall be measured from the average grade along the facade with the highest grade elevation, and the proposed ridge height shall also be measured from the average grade along the facade with the highest grade elevation. Existing buildings with ridge heights excessively high or excessively low may be omitted from this calculation at the discretion of the AHRB. Proposed buildings with ridge heights that do not exceed 28 feet, as measured above, are exempt from this requirement. Refer to Table B-7.[2]
[2]
Editor's Note: Table B-7 is included as an attachment to this chapter in Appendix B.
(b)
Roof eaves shall not exceed a maximum height determined by multiplying the prevailing eave height of existing buildings within the context limit area of the subject lot by 1.15. Eave heights shall be measured above the facade with the highest grade elevation, and the proposed eave height shall also be measured from the average grade along the facade with the highest grade elevation. Existing buildings with eave heights excessively high or excessively low may be omitted from this calculation at the discretion of the AHRB. Proposed buildings with eave heights that do not exceed 22 feet, as measured above, are exempt from this requirement. Refer to Table B-7.[3]
[3]
Editor's Note: Table B-7 is included as an attachment to this chapter in Appendix B.
(c)
The Architectural and Historic Review Board may omit buildings from the calculations that it determines are an anomaly within the context limit area.
(d)
No part of a proposed building may penetrate a plane determined by projecting a forty-five-degree angle from a height of 10 feet along a lot line, with the base point of the measurement established as the average grade between the lot line and the proposed building. Exceptions to this are chimneys and dormers seven feet or less in width, not to exceed a total aggregate width of 33% of the overall length of the building wall below that roof on which the dormers sit.
(e)
A table listing the eave heights and the ridge heights of all relevant buildings used in determining the prevailing eave and ridge heights shall be provided with the documents submitted to the Architectural and Historic Review Board for the application. The table shall show the prevailing eave height based on the calculation as per Table B-7.[4]
[4]
Editor's Note: Table B-7 is included as an attachment to this chapter in Appendix B.
(f)
Diagrams showing the sky exposure plane relative to the proposed building shall be included on the drawings submitted for the application to the Architectural and Historic Review Board.
(g)
For building designs that do not meet the standards of this article, it is strongly recommended that the applicant submit massing diagrams that demonstrate why the project cannot comply or why the deviant design is preferable. The Architectural and Historic Review Board may require that these diagrams be submitted for its review. The burden of proof is on the applicant.
(6)
For building designs that do not meet the standards of Village Code § 300-17C(4), the applicant must submit drawings, including massing diagrams that demonstrate why the proposed plan is preferable to the compliant alternative. The applicant must identify and explain the practical difficulties in complying with the Code that may be caused by the specific site or project and why the noncompliant design is preferable. The Architectural and Historic Review Board may modify the limits above to accommodate a proposed building when, upon written request of the applicant, the Architectural and Historic Review Board believes that modifying the limits to accommodate the proposed project will result in a project that is generally consistent with the neighborhood and that does not encroach on neighboring properties. In considering whether to modify the limits of the ridge height, eave height and/or the sky exposure plane, the Architectural and Historic Review Board should consider and balance the following criteria:
[Amended 8-22-2017 by L.L. No. 6-2017]
(a)
The applicant has demonstrated that the proposed building in terms of size and scale is generally consistent in the context of the neighboring buildings;
(b)
The project as a whole, with modifications included, remains generally consistent with the intent of this section which is to ensure that buildings are not constructed that are out of character with the neighborhood; and
(c)
The requested modifications are limited in scope and appropriately designed to address site conditions and neighboring buildings and only to the extent necessary to deal with site conditions.
(7)
Review of historical appropriateness. With respect to properties deemed to be historic landmarks, scenic landmarks, or contributing properties within designated historic districts pursuant to § 300-43 or otherwise, the Architectural and Historic Review Board shall:
(a)
Evaluate an application for a certificate of appropriateness submitted pursuant to § 300-19; approve, approve with modifications, or deny any proposal for exterior changes to a designated individual landmark or contributing property within a designated historic district resulting from any such application;
(b)
Evaluate an application for a certificate of economic hardship; approve, approve with modifications, or deny any such application;
(c)
Evaluate an application for a certificate of appropriateness for demolition, removal or relocation; recommend or deny any such application to the Board of Trustees;
(d)
Issue certificates of appropriateness and certificates of economic hardship, as appropriate, following approvals pursuant to the above provisions;
(e)
Perform other functions that the Village governing Board of Trustees may designate by local law.
(8)
The Board of Trustees shall be responsible for final review and approval of all applications, including, for example, design review, excessive similarity and dissimilarity, following review and recommendation by the Architectural and Historic Review Board for the following districts: (1) Waterfront (A); (2) Waterfront (B); (3) Chauncey Park; (4) Downtown; and (5) Educational/Institutional District and projects in any zone on property which exceeds one acre. The Board of Trustees may defer said decisionmaking powers to the AHRB at its sole discretion. Where the Board of Trustees retains authority, the AHRB shall recommend approval, approval with modifications or disapproval, and the matter shall then be heard and determined by the Board of Trustees. In the event that the AHRB makes a recommendation differing from that made by the Planning Board as per Village Code § 300-52B, the position of each board shall be made in writing to the Board of Trustees within 30 days of its recommendation. The AHRB shall be the decisionmaking authority, subject to appeal to the Zoning Board, in all other zoning districts on issues within the AHRB's purview.
[Added 8-22-2017 by L.L. No. 6-2017]
D.
Duties. The Architectural and Historic Review Board shall have the following duties:
(1)
To adopt rules and regulations for its operation and to follow said rules and regulations in the conduct of its official business.
(2)
To review and recommend changes to the Design Guidelines.[5]
[5]
Editor's Note: The Design Guidelines are included as an attachment to this chapter in Appendices F and G.
(3)
In its capacity as a design review body, to review and approve or disapprove building permit applications referred to it in accordance with the provisions of this article.
(4)
In considering approval of a building permit application, the Architectural and Historic Review Board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property and which act to promote desirable design characteristics or preserve historic features.
(5)
Upon request or upon application, to review and make binding recommendations in its capacity as an historic review body with regard to building permit applications for historic landmarks and properties in historic districts in accordance with relevant other provisions of this Code.
(6)
Upon request or upon application, to review and make nonbinding recommendations in its capacity as an historic review body with regard to building permit applications for properties which are eligible for listing on the state or national registers of historic places, either as a landmark or within an historic district.
(7)
Upon request or upon application, to recommend the designation of local historic landmarks and districts to the Board of Trustees, and to review and make recommendations with regard to any proposed designation of such landmarks or districts by the Board of Trustees.
(8)
To maintain an inventory of properties and districts within the Village that are listed on the local, state and/or national registers of historic places or that have been certified as eligible for such listing or otherwise of local significance, and to make such inventory available to the public.
(9)
To retain, as necessary, counsel, clerks, a secretary and experts, including but not limited to engineers, architects, landscape architects, historic preservationists and planners, to assist the Board in the conduct of its official business. These fees shall be paid by an applicant in accordance with Article XVI.
(10)
To maintain and make available minutes of all of its meetings in accordance with § 300-27, and to comply with all applicable public notice and hearing requirements specified in this chapter.
(11)
To prepare and make available to the public graphic and textual depictions which illustrate design principles to be encouraged throughout the Village or in particular districts or for particular building types and uses, subject to the approval of the Board of Trustees.
(12)
To perform such other tasks as may be necessary in the carrying out of the above powers and duties.
(13)
Any person aggrieved by a decision of the Architectural and Historic Review Board shall have the right to appeal said action to the Zoning Board of Appeals by written notice signed by the appellant or legal representative. Any appeal to the Zoning Board of Appeals shall be made within 30 days of a duly signed "findings statement" that is filed with the Village of Dobbs Ferry Clerk's office. See § 300-23.
E.
Expenses. The Board of Trustees shall make such appropriation as reasonable and necessary for the operation of the Architectural and Historic Review Board, including, but not limited to, the hiring of counsel, experts, clerks and secretary, which expenses shall be paid by the applicant in accordance with Article XVI.
§ 300-18 Design review.
[Amended 6-14-2011 by L.L. No. 6-2011; 6-13-2017 by L.L. No. 4-2017; 8-22-2017 by L.L. No. 6-2017; 10-11-2022 by L.L. No. 7-2022]
A.
When required. Except as listed in Subsection B below, AHRB review shall be mandatory for the following types of applications:
(1)
The construction, reconstruction or exterior alteration of any structure.
(2)
Applications requiring site plan review.
(3)
Signs and canopies within a designated historic district.
[Amended 1-10-2023 by L.L. No. 1-2023]
(4)
Walls within a designated historic district.
[Amended 1-10-2023 by L.L. No. 1-2023]
B.
Exemptions. The following applications for building permits are exempt from mandatory review by the AHRB, with the discretionary right reserved to the Building Inspector to request review and recommendation by the AHRB:
(1)
In-kind replacements of walls, fences, signs, canopies, and facade materials.
(2)
New construction or installation of the following in all zoning districts outside any designated historic district: walls less than five feet, fences, signs, canopies, doors, and windows.
[Amended 1-10-2023 by L.L. No. 1-2023[1]]
(3)
Nonpermanent siting of accessory sheds under the following conditions: (a) no larger than 100 square feet; (b) no higher than 10 feet above grade at the ridge; (c) located in rear yard; and (d) painted, stained or colored to match either the body or trial color of the house.
(4)
Retaining walls under the following conditions: (a) no higher than five feet; and (b) constructed of natural stone or having a natural stone veneer on all visible, exposed surfaces.
(5)
All new basement egress windows or doors, except on the front facade, provided that such windows and doors are located more than 50% below the most adjacent grade and the style of window or door in consistent with the same facade.
(6)
Replacement windows or doors under the following conditions: (a) no alteration of style, size or location; (b) must be installed in existing rough openings without modification; (c) windows with currently exposed exterior muntins must be replaced with same style (simulated divided lites, known as SDLs, are acceptable).
(7)
Any Site Plan Applications granted a review waiver in accordance with § 300-52A(2).
[Added 1-10-2023 by L.L. No. 1-2023]
C.
Procedure.
(1)
In all cases where site plan approval is required, as stated in other sections of this chapter, the review by the AHRB shall be given concurrently or prior to the Planning Board's review for site plan approval.
(2)
In all cases where site plan approval is required by the Village Board of Trustees, as stated in other sections of this chapter, the review by the AHRB for recommendation shall be given concurrently or prior to the Planning Board's review for recommendation on the site plan.
(3)
In all cases where site plan approval is not required by the Planning Board or Village Board of Trustees, separate application shall be made to the Board of Architectural Review, and approval is required prior to the issuance of a building permit.
D.
Criteria for decision.
(1)
Buildings and structures. The Architectural and Historic Review Board shall approve, approve with modifications and/or conditions, or deny a permit for a building or structure in accordance with the expertise and judgment of its members and any qualified expert retained to assist the Board in the conduct of its official business in accordance with this article, such decision shall be guided by the following resources as applicable to the specific application under review:
[Amended 5-9-2023 by L.L. No. 5-2023]
(a)
Appendix F: Downtown Design Guidelines.
(b)
Appendix G: Residential Design Guidelines.
(c)
Appendix I: Historic District Design Standards.
(d)
Consistency with the Vision Plan, or other designated and adopted comprehensive plans, and the Local Waterfront Revitalization Plan (LWRP).
(e)
Consistency with the findings of the environmental quality review, if applicable.
(f)
Harmony with the character of the neighborhood and surrounding area.
(g)
The Field Guide to American Houses and other recognized architectural field guides selected by the Architectural and Historic Review Board for use as guidelines on historic styles and related massing, materials and details.
(h)
The Secretary of Interior's Standards for the Treatment of Historic Properties.
(i)
The provisions of this chapter.
(2)
Signs. The Architectural and Historic Review Board shall consider the compatibility and harmony of proposed signs with existing and proposed improvements on the property, the surrounding built and natural environment and existing signs on nearby properties, in particular:
(a)
The sign should utilize materials and colors that are compatible with those used on the building.
(b)
The amount of information on the sign should be minimized, and the relative size of the lettering should be similar to other signs of the same type (e.g., wall signs, awning signs or monument signs) in the area.
(c)
The sign should not mask architectural features on the building or viewsheds identified in the Vision Plan or this chapter.
(d)
The intensity of sign lighting should be similar to that of surrounding signs, but the type of lighting may differ from sign to sign.
E.
Time for decision. Within 45 days of a complete application, the Architectural and Historic Review Board shall approve, deny or approve the application subject to conditions in accordance with the law. This time period is subject to such extensions of time as may be required by the Architectural and Historic Review Board to obtain further information, to complete the environmental quality review process, or for the applicant to submit amendments to the application. The failure to render a decision on an application within 45 days of a complete application does not result in an automatic approval.
F.
Post-approval/denial/recommendation/procedure. If the application requires approval from the Board of Trustees pursuant to this chapter (the Architectural and Historic Review Board is rendering a recommendation to the Board of Trustees instead of an approval), the Architectural and Historic Review Board shall make its recommendation together with a resolution detailing its findings and the conditions of approval to the Board of Trustees. If the application does not require additional approval from the Board of Trustees, the Architectural and Historic Review Board shall approve or disapprove the application. With the exception of recommendations to the Board of Trustees, all decisions by the Architectural and Historic Review Board shall be appealable to the Zoning Board of Appeals within 30 days of the filing of written findings with the Village Clerk. The Board of Trustees shall be responsible for final review and approval of applications following review and recommendation by the Architectural and Historic Review Board for the following districts: Waterfront (A); Waterfront (B); Chauncey Park; Downtown; and Educational/Institutional District. The Architectural and Historic Review Board shall recommend approval, approval with modifications or disapproval for projects in these five zones and the matter shall then be heard and determined by the Board of Trustees.
G.
Public meetings. The Architectural and Historic Review Board shall conduct meetings in compliance with Open Meetings Law (NYS Public Officers Law, Article 7) and as set forth in Chapter 1, Article II of this Code, during which the application will be reviewed. Since these meetings are not conducted in the form of public hearings, opportunity for public participation shall be at the discretion of the Architectural and Historic Review Board.
§ 300-19 Historical review; Certificate of Appropriateness.
[Amended 6-13-2017 by L.L. No. 4-2017]
A.
When required.
(1)
In addition to the requirements set forth in § 300-18 regarding design review, the Architectural and Historic Review Board shall conduct a binding historic review during a public hearing for applications for the construction, reconstruction, exterior alteration or demolition of properties which are one or more of the following:
(a)
Deemed to be contributing properties located in locally designated historic districts.
(b)
Locally designated as historic landmarks or scenic landmarks.
(c)
Designated on the state or national registers of historic places, or located within historic districts on the state or national registers of historic places.
(d)
Listed as eligible for inclusion on the state or national registers of historic places as of the effective date of this section.
B.
Criteria for historic review or approval.
(1)
Certificate of appropriateness; general criteria: The Architectural and Historic Review Board shall approve the issuance of, and shall issue, a certificate of appropriateness only if it determines that (a) the proposed work will not have a substantial adverse effect on the aesthetic, historical, or architectural significance and value of the individual landmark or scenic landmark or (b) if the proposed work is within an historic district, the proposed work will not have a substantial adverse effect on the aesthetic, historical, or architectural significance of the property itself, the district or neighboring properties in such district.
(2)
In making this determination, the AHRB's decision to approve, approve with modification(s) or deny an application for a certificate of appropriateness for an individual landmark, for a scenic landmark, or for a contributing property within an historic district, will be guided by the following principles:
(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 compatible with the surrounding historic district and shall not impair the essential form or historic integrity of the property; and
(c)
New construction shall be compatible with the historic district in which it is located.
(3)
In applying the principle of compatibility set forth in Subsection B(2)(b) and (c) of this section, the AHRB shall consider the following factors:
(a)
The general design and character of the proposed alteration or new construction relative to existing features of the property or historic district;
(b)
The scale and visual compatibility of the proposed alteration or new construction in relation to the property itself, surrounding properties, and the neighborhood;
(c)
Materials, and their relation to similar features of the property and other properties in the neighborhood;
(d)
Visual compatibility with surrounding properties, including proportion of the property's facade, proportion and arrangement of windows and other openings within the facade, roof shape, and the rhythm of spacing of properties on streets, including setback;
(e)
The importance of historic physical and visual features to the significance of the property; and
(f)
Conformity with the Secretary of Interior's Standards for the Treatment of Historic Properties.
(4)
In approving an application for a certificate of appropriateness, the AHRB shall find that the building or structure for which the permit was requested, if erected or altered in accordance with the submitted plan or with stated modifications, would be consistent with the requirements of § 300-17C(2) and (3).
(5)
Where the AHRB grants a certificate of appropriateness under circumstances in which the permitted activity is likely to uncover or affect archaeological resources, or where archaeological resources are uncovered during the course of the permitted activity, the AHRB shall require reasonable efforts to protect and preserve such resources. Where such protection and preservation is not possible without incurring undue economic hardship, the AHRB shall nonetheless impose appropriate and reasonable conditions to insure that the archaeological resource is made accessible for a reasonable period to qualified persons.
(6)
With respect to any proposed work that requires historic review and AHRB approval, the issuance of a certificate of appropriateness shall be a prerequisite to obtaining a building permit required by other provisions of this Code or by other applicable regulations.
(7)
Time limits.
(a)
Any building or structure, the construction of which has not been completed, including grading, the paving of driveways, access roads and parking areas, within 12 months of the date of the issuance of the certificate of appropriateness therefor, in accordance with the plans and specifications on file with the Building Inspector, shall be considered a violation of this chapter and shall subject the owner, lessee or contractor to the penalties contained herein.
(b)
The Building Inspector may, in his discretion, extend such twelve-month period for up to two additional twelve-month periods if satisfactory proof is submitted to him that the completion of the building or structure was delayed by reasons outside the control of the owner, lessee or contractor.
(c)
No certificate of appropriateness, including any extensions, shall be valid for a period of more than three years from the original issuance date.
C.
Hardship process and criteria.
(1)
An applicant whose certificate of appropriateness for a landmark property has been denied may apply for relief on the ground of economic hardship and request a certificate of hardship. In order to prove the existence of economic hardship, the applicant shall establish that the denial of a certificate of appropriateness will prevent the property owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible, or will deny the property owner the beneficial use of his property.
(2)
Economic hardship; criteria. The applicant shall demonstrate the existence of economic hardship by demonstrating to the Zoning Board of Appeals, by a preponderance of the evidence, that:
(a)
Hardship:
[1]
The applicant cannot realize a reasonable return if compliance with the AHRB's decision is required; provided, however, that the lack of reasonable return is proven by the applicant to be substantial as demonstrated by competent financial evidence;
[2]
That the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
[3]
That the requested relief, if granted, will not substantially alter the essential character of the neighborhood; and
[4]
That the alleged hardship has not been self-created; or that
(b)
Alterations would prevent continued beneficial use and/or legal occupancy of the subject property or would limit its adaptive reuse.
(3)
Public hearing. The Zoning Board of Appeals shall hold a public hearing of the hardship application at which an opportunity will be provided for the applicant and public to present their views on the hardship application. Such hearing shall be held within a reasonable time following the submission of a complete application for certificate of hardship.
(4)
Zoning Board of Appeals decision. A decision of the Zoning Board of Appeals on the hardship application shall be in writing and shall state the reasons for granting or denying it. A copy shall be sent to the applicant by certified mail/return receipt requested or courier service with proof of delivery or personal service with proof of delivery and a copy filed with the Village clerk's office for public inspection.
(5)
As promptly as is practicable after the Zoning Board of Appeals has made a preliminary determination of hardship as provided in this chapter, the AHRB, with the aid of such experts as it deems necessary, may, in consultation with the applicant, endeavor to develop a plan whereby the improvement may be preserved and perpetuated in such manner as to effectuate the purpose of this chapter, and also rendered capable of earning a reasonable return.
(6)
No building permit or other land use approvals shall be issued unless the Zoning Board of Appeals grants the hardship application.
(7)
The Zoning Board of Appeals, in the granting of a certificate of economic hardship, shall grant the minimum terms deemed necessary and adequate to address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community.
D.
Demolition or relocation of historic properties.
(1)
The AHRB must hear applications for demolition or relocation of individual historic landmarks, scenic landmarks, or contributing properties within an historic district. Such applications will be heard in public hearings.
(2)
Notwithstanding the foregoing, if any such landmark or structure presents an immediate peril to health, safety or security of property as determined by a qualified engineer approved by the Building Inspector, then the Building Inspector may proceed to authorize demolition with notice to but without the required input of the AHRB in accordance with the reporting requirements of § 136-1, and thereafter the Board of Trustees may proceed in a manner consistent with the requirements of § 136-2 through § 136-5.
(3)
If any such landmark or structure is determined by the Building Inspector to be a public nuisance as defined in § 136-1(B), but not an immediate threat to health, safety or security of property, then the Building Inspector shall provide a written report to the AHRB, specifying in such report the date of the inspection, the condition found which he deems to be a public nuisance, his opinion as to the cause of such condition (including, if appropriate, the opinion of a licensed engineer approved by the AHRB and paid for by the property owner), and his recommendations with reference to the correction of such condition. Such report shall be filed with the AHRB not less than five days from the date of such inspection. If the report recommends demolition of said structure, the AHRB shall make a recommendation for or against demolition to the Board of Trustees, and thereafter the Board of Trustees may proceed in a manner consistent with the requirements of § 136-2 through § 136-5. Relocation of an individual landmark or of a contributing property within an historic district shall only be allowed in the event that relocation is the only alternative to demolition.
(4)
Any person desiring to demolish an individual landmark, scenic landmark, or contributing property within an historic district shall first file an application for an historic building demolition permit with the Building Inspector. The applicant must submit the following items: (a) a report from a licensed engineer or architect, approved by the AHRB and paid for by the applicant, with experience in rehabilitation as to the structural soundness of any buildings on the property and their suitability for rehabilitation; and (b) expert testimony or opinion on the feasibility of rehabilitation or reuse of the existing structure by an architect, developer, real estate consultant, appraiser, and/or other real estate professional experienced in historic properties and rehabilitation.
(5)
Any evidence of the condition having been self-created through deliberate neglect or inadequate maintenance of the property shall weigh against the applicant.
(6)
The Building Inspector shall provide a recommendation to the AHRB regarding whether the application for demolition should be granted.
(7)
The AHRB shall hold a public review and shall take one of the following actions:
(b)
Recommend approval of the demolition permit by the Board of Trustees, subject to a waiting period of up to 120 days to consider relocation and other alternatives to demolition, and additional documentation; thereafter the Board of Trustees may proceed in a manner consistent with the requirements of § 136-2 through § 136-5; or
(c)
Recommend that the Board of Trustees deny the permit.
(8)
During the waiting period, if any, the AHRB may investigate relocation of the historic resource (on site) or modification of the historic resource for future uses in a way which preserves the architectural and historic integrity of the resource. If relocation is recommended by the AHRB to the Board of Trustees, the relocated site shall be compatible with the character of the resource and of the original site.
(9)
Demolition or removal of any such resource may be approved only in connection with approval of a replacement project appropriate for the site.
E.
Affirmative maintenance and repair requirement.
(1)
Ordinary maintenance; repair.
(a)
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of an historic landmark, scenic landmark, or property within an historic district that does not involve a change in design, building materials, or outward appearance.
(b)
If a property owner is unsure whether or not proposed work constitutes ordinary maintenance and repair, the AHRB may evaluate the proposed work and decide without public review whether the proposed work requires a certificate of appropriateness.
(2)
No owner or person with an ownership interest in real property designated as an individual landmark, scenic landmark, or property with an historic district shall permit the property to fall into a serious state of disrepair. Maintenance shall be required, consistent with the Property Maintenance Code of New York State Uniform Fire Prevention and Building Code and all other applicable local regulations. Violations of the affirmative maintenance and repair requirements of this section shall be subject to enforcement in accordance with § 300-29 hereof, and in particular, each day that passes shall be considered a separate offense for purposes of the penalties set forth in § 300-29D(8)(a).
(3)
Every owner or person in charge of an improvement on an individual landmark, scenic landmark, or property with an historic district shall keep in good repair:
(a)
All of the exterior portions of such improvements; and
(b)
All interior portions thereof which, if not so maintained, may cause or tend to cause the exterior portions of such improvement to deteriorate, decay or become damaged or otherwise to fall into a serious state of disrepair. Examples of types of prohibited disrepair include, but are not limited to:
[1]
Deteriorated or crumbling exterior plasters, mortar or facades;
[2]
Deteriorated or inadequate foundation;
[3]
Defective or deteriorated flooring or floor supports or any structural floor members of insufficient size to carry imposed loads with safety;
[4]
Deteriorated walls or other vertical structural supports that split, lean, list or buckle due to defective material or deterioration;
[5]
Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split or buckle due to defective material or deterioration or are of insufficient size to carry imposed loads;
[6]
Ineffective or inadequate waterproofing of exterior walls, exterior chimneys, roofs, foundations or floors, including windows or doors, which may cause or tend to cause deterioration, decay or damage;
[7]
Defective or insufficient weather protection for roofs, foundation or exterior wall covering, including lack of paint or weathering due to lack of paint or other protective covering, which may cause or tend to cause deterioration, decay or damage;
[8]
Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient size or strength to carry imposed loads with safety; or
[9]
Any fault or defect in the building or structure which renders it not properly watertight or otherwise compromises the life and character of the building or structure.
F.
Time for decision.
(1)
Binding review. Within 45 days of the close of the public review of an application for a certificate of appropriateness, a certificate of hardship, or demolition or relocation of an historic property, the Architectural and Historic Review Board shall approve, deny or approve the application subject to conditions in accordance with the law. This time period is subject to such extensions of time as may be required by the Architectural and Historic Review Board to obtain further information, to complete the environmental quality review process, or for the applicant to submit amendments to the application. The time frame shall be extended to the next scheduled meeting if a regularly scheduled meeting has been cancelled for any reason. The failure to render a decision on an application within 45 days of the close of the public review of the application does not result in an automatic approval, but rather, an applicant's sole remedy is a mandamus proceeding to compel the Board to act. Written findings shall be filed with the Village Clerk within 30 days of any decision denying the application. In instances where filing of a written decision is not required under this section and a written request for the issuance of a written decision has been made within 30 days of such decision, written findings will be filed with the Village Clerk within 60 days of such request.
(2)
Nonbinding review. The Architectural and Historic Review Board shall make recommendations with regard to an application in accordance with applicable law. Said recommendations shall not be binding, but a subsequent reviewing agency may include the recommendations as conditions of approval or may utilize the recommendations as a basis for disapproval of the application.
G.
Post-approval procedure. If the application requires additional approvals pursuant to this chapter, the Architectural and Historic Review Board shall refer the application, together with a resolution detailing its findings and the conditions of approval, to the appropriate administrative body. If the application does not require additional approvals, the Architectural and Historic Review Board shall refer the application, together with a resolution detailing its findings and the conditions of approval, to the Land Use Officer.