East Williston City Zoning Code
ARTICLE VIII
Historic Overlay District and Landmarks
§ 160-27 Purpose.
The Village of East Williston, after completing an historic building survey under the guidance of the New York State Office of Parks, Recreation and Historic Preservation, has determined that the structures within the delineated Historic District warrant preservation as a significant part of the Village's heritage. These structures and the character of the district were also found to be among the most important and valued educational, cultural and economic assets of the Village. To preserve these assets, the Village Board of Trustees hereby creates an Historic Overlay District as delineated on the Zoning Map, and hereafter any development action within said Historic Overlay District shall be subject to the review and approval of an Historic District Commission as provided in this article, all with the purpose in view of protecting, enhancing and perpetuating the Village's heritage in accordance with the provisions of § 96-a of the General Municipal Law of New York State. Further, from time-to-time, the Village Board of Trustees, recognizing the particular historic qualities of certain individual structures and properties outside the Historic Overlay District, may designate such structures and properties as landmarks and require that they be subject to special consideration under the same Historic District Commission review and approval procedure.
§ 160-28 Historic District Commission.
There shall be an East Williston Historic District Commission, consisting of five members, appointed by the Mayor and approved by the Village Board of Trustees, with representation from the Historic District Overlay property owners. Commission members shall serve for a term of four years, with the exception of the initial term of one of the five members which shall be one year, one which shall be two years, and one which shall be three years. The Commission shall discharge the powers and duties set forth in this article and as provided for in § 96-a of the General Municipal Law of the State of New York.
§ 160-29 Powers and duties of Historic District Commission.
A.
It shall be the duty of the Historic District Commission to exercise aesthetic judgment in connection with maintaining the desirable character of the Historic Overlay District, or designated landmarks, with reference to the style, materials, line and detail, among other things, and, insofar as possible, prevent construction, reconstruction, alteration or demolition out of harmony with existing buildings and thus to prevent degeneration of property, safeguard health, prevent fire, promote safety and preserve the beauty and character of the Historic Overlay District or such designated landmarks.
B.
The Commission shall survey and maintain an inventory of historic structures and environmental characteristics within the Historic Overlay District and at designated landmark sites, including their condition. The Commission may recommend to the Mayor and Village Board of Trustees appropriate regulatory measures or public improvements which would serve to further protect, enhance or perpetuate the value of the district resources.
C.
The Commission shall review and approve, approve with modifications or disapprove all applications for building permits affecting buildings, structures or land within the district, or designated landmark sites. In the instance of a mandatory site plan review or of a conditional use, the Commission's resolution shall be advisory to the Planning Board or the Village Board of Trustees in reaching its decision on the application before it, pursuant to §§ 160-51 and 160-40, respectively; it shall, however, have the same force and effect as its decision would have on any application for a building permit.
D.
The Commission shall advise the Mayor and Village Board of Trustees as to the appropriateness of proposed public projects and other public actions and their impact on the district or on designated landmark sites.
E.
In addition to the aforementioned powers, the Commission shall have the power to:
(1)
Retain or employ professional consultants, secretaries, clerks or other such personnel as may be necessary to assist the Commission in carrying out its duties as approved by the Village Board of Trustees.
(2)
Conduct surveys of buildings for the purpose of determining those of historic and/or architectural significance and pertinent facts about them.
(3)
Formulate recommendations concerning the preparation of maps, brochures and historical markers for selected historic and/or architectural sites and buildings.
(4)
Cooperate with the Mayor and Village Board of Trustees, the Planning Board and other municipal agencies in matters involving historic and/or architectural sites and buildings.
(5)
Advise owners of historic buildings on problems of preservation and restoration.
F.
Nothing contained in this article shall be construed as authorizing the Commission in acting with respect to any district use, or in adopting regulations in relation thereto, to regulate or limit the height and bulk of buildings, to regulate and determine the area of yards, courts and other open spaces, to regulate the density of population or to regulate and restrict the locations of trades and industries or location of buildings designed for specific uses or to create districts for any such purpose.
G.
The Commission may, in exercising or performing its powers, duties or functions under this article, consult with, advise or make recommendations to the owner of the property with respect to any proposed construction, reconstruction, alteration or demolition work within the Historic Overlay District or on any designated landmark site.
§ 160-30 Application of regulations.
[Amended 7-8-2002 by L.L. No. 2-2002]
A.
This article shall apply to all buildings, structures, outbuildings, walls, fences, steps, topographical features, earthwork, paving and signs within the Historic Overlay District or on any designated landmark site. No changes in any exterior architectural feature, including but not limited to construction, reconstruction, alteration, restoration or removal shall be made except as hereinafter provided.
B.
The demolition of structures or portions of structures having over 100 square feet of floor area within the Historic Overlay District is prohibited.[1]
C.
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature in the Historic Overlay District or on a designated landmark site which does not involve a change in design, material or the outward appearance thereof or the painting or repainting of any exterior architectural feature in the Historic Overlay District, or on any designated landmark site.
§ 160-31 Permit approval procedure.
A.
Upon receipt by the Building Inspector of any application for a permit with respect to any building, structure, outbuilding, wall, fence, steps, topographical feature, earthwork, paving or sign within the Historic Overlay District, or on any designated landmark site, pursuant to § 160-47, the Building Inspector shall submit a copy of such application to the Historic District Commission within a reasonable period of time following the receipt thereof. No permit shall be issued with respect to such application until the Building Inspector shall have received a certificate of approval from the Historic District Commission.
[Amended 10-15-2002 by L.L. No. 4-2002]
B.
Additionally, should the Building Inspector receive an application for a permit pursuant to said § 160-47 affecting a structure or property designated as a landmark by the Village Board of Trustees or by its inclusion in the National Register of Historic Places, the Building Inspector shall issue no permit until he has received a certificate of approval from the Historic District Commission or from the Board of Trustees as provided for herein.
[Amended 10-15-2002 by L.L. No. 4-2002]
C.
The certificate of approval required by this section shall be in addition to, and not in lieu of, any permit that may be required by any other ordinance, code, rule or regulation of the Village of East Williston.
D.
Upon receipt by the Historic District Commission from the Building Inspector of a copy of an application pursuant to this section, the Commission shall determine:
(1)
Whether the proposed construction, reconstruction, alteration or demolition of the exterior architectural feature involved will be appropriate owing to conditions especially affecting the structure involved, but not affecting the Historic Overlay District generally;
(2)
Whether failure to issue a certificate of approval will involve a substantial hardship to the applicant; and
(3)
Whether such a certificate may be issued without substantial detriment to the public welfare and without substantial deviation from the intent and purpose of this chapter.
E.
In passing upon appropriateness, the Historic District Commission shall consider, in addition to any other pertinent factors, historical and architectural value and significance, architectural style, general design, arrangement, texture and material of the exterior architectural feature involved and the relationship thereof to the exterior architectural features of other sources in the immediate neighborhood.
F.
Hearing procedures.
[Added 10-15-2002 by L.L. No. 4-2002]
(1)
The Historic District Commission shall hold a hearing with respect to applications for permits within 45 days of receipt of a copy of an application from the Building Inspector.
(2)
The procedures to be followed at the above-described hearing shall be the same procedures as required and as are applied with respect to hearings before the Zoning Board of Appeals and shall include the procedures as set forth at § 160-42 of the Code.
(3)
If a hearing is not scheduled within 45 days before the Historic District Commission, the matter shall be referred to the Board of Trustees which shall hold said hearing.
(4)
Upon disapproval of an application, the applicant may appeal to the Board of Trustees for review.