Fishkill Village City Zoning Code
ARTICLE IXA
Historic Preservation
[Added 12-4-1996 by L.L. No. 11-1996]
§ 171-79.1 Purpose.
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of historic sites and structures is necessary to promote the economic, cultural, educational and general welfare of the public. Inasmuch as the identity of a people is founded on its past and inasmuch as the Village of Fishkill has many significant historic, architectural and cultural resources which constitute its heritage, this article is intended to:
Encourage the protection, restoration and use of buildings and structures which represent distinctive elements of the Village's historic, architectural and cultural heritage;
Foster civic pride in the accomplishments of the past;
Protect and enhance the Village's attractiveness to visitors and the support and stimulus to the economy thereby provided; and
Ensure the harmonious, orderly and efficient growth and development of the Village.
§ 171-79.2 Historic Preservation Overlay Zone.
[Amended 7-20-2009by L.L. No. 18-2009]
An Historic Preservation Overlay (HPO) Zone is hereby established for the purposes of identifying districts, sites and structures which represent elements of the Village's cultural, social, economic, political and architectural history. The boundaries of such zone are delineated on the "Village of Fishkill Zoning District Map with Historic Preservation Overlay Zone."[1] The following parcels are hereby added to the parcels contained in the previous Historic Preservation Overlay Zone.[2]
§ 171-79.3 Designation of sites and structures to be included in Historic Preservation Overlay Zone.
Upon the recommendation of the Architectural Review Board, the Village Historian, a property owner or other interested party, or on its own initiative, the Village Board may designate an individual property as historic and place it in the Historic Preservation Overlay Zone if it:
Is listed on the State or National Register of Historic Places;
Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;
Is identified with historic personages;
Embodies the distinguishing characteristics of an architectural style; or
Is the work of a designer whose work has significantly influenced an age.
Notice of a proposed designation shall be sent by registered mail to the owner of the property proposed for designation, describing the property proposed and announcing a public hearing by the Village Board to consider the designation. Where the proposed designation involves so many owners that individual notice is infeasible, notice may instead be published at least once in a newspaper of general circulation at least 10 days prior to the date of the public hearing. Once the Village Board has issued notice of a proposed designation, no building permits for the subject property shall be issued by the Code Enforcement Officer until the Village Board has made its decision.
[Amended 5-24-2010 by L.L. No. 6-2010]
The Village Board shall hold a public hearing prior to the designation of any property as historic and placement of said property in the Historic Preservation Overlay Zone. The Village Board, owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural or cultural importance of the proposed site or structure.
The Village Board shall forward notice of each property placed in the Historic Preservation Overlay Zone to the respective property owner(s) and to the Village Clerk for recordation. The boundaries of the Historic Preservation Overlay Zone shall be revised accordingly on the Zoning Map of the Village to include the designated property.
§ 171-79.4 Certificate of appropriateness.
[Amended 5-10-2004 by L.L. No. 5-2004; 4-8-2014 by L.L. No. 2-2014]
No person shall carry out any restoration, reconstruction, or new construction within the Historic Preservation Overlay Zone, nor shall any person make any material exterior alteration or other change in the appearance of a property or a structure, its siding material, light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street which affect the appearance and cohesiveness of the historic district in which it is located, without first obtaining a certificate of appropriateness from the Architectural Review Board. In-kind replacement of windows, roofing materials, siding and other such elements, and repainting of structures with the same color shall not be considered a material change requiring a certificate of appropriateness.
§ 171-79.5 Criteria for approval of certificate of appropriateness.
In passing upon an application for a certificate of appropriateness, the Architectural Review Board shall not consider changes to interior spaces, unless they are open to the public, or to architectural features that are not visible from a public street. The Architectural Review Board's decision shall be based upon the following principles:
The historic features of historic properties shall be altered as little as possible, and previously altered historic features shall be restored wherever possible;
Any alteration of an existing historic property shall be compatible with its historic character as well as with the surrounding district; and
New construction and the alteration of nonhistoric structures shall be compatible with the historic properties.
In applying the principle of compatibility, the Architectural Review Board shall consider the following factors, as appropriate:
The general design, character and appropriateness to the property of the proposed alteration or new construction;
The scale of the proposed alteration or new construction in relation to the property itself, surrounding properties and the neighborhood;
The texture, materials and color, as well as their relation to similar features of other properties in the neighborhood; and
The visual compatibility with surrounding properties, including the proportion of the property's front facade, the proportion and arrangement of windows and other openings within the facade, the roof shape and the rhythm of the spacing of properties on streets, including setbacks.
§ 171-79.6 Certificate of appropriateness application procedure.
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Architectural Review Board. The application shall contain:
Name, address and telephone number of the applicant.
Location and photographs of the property.
Elevation drawings of proposed changes.
Perspective drawings, including relationship to adjacent properties, if available.
Samples of colors and materials to be used.
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.
Any other information which the Architectural Review Board may deem necessary in order to visualize the proposed work. Further, the Architectural Review Board may waive the submission of application materials which the Board deems superfluous when the proposed modication is limited to a change in the color(s) of a structure.
In the case where a site plan application is also required for the proposed work, the above application materials may be included with the site plan application made to the Planning Board.
No building permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Architectural Review Board. The certificate of appropriateness shall be in addition to and not in lieu of any building permit or approval that may be required by any other law of the Village of Fishkill.
All decisions of the Architectural Review Board shall be in writing. A copy shall be sent to the applicant by registered mail and a copy filed with the Village Clerk for public inspection. The Architectural Review Board decision shall state the reasons for denying or modifying any application.
§ 171-79.7 Hardship criteria.
[Amended 9-28-2009 by L.L. No. 28-2009]
An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply to the Zoning Board of Appeals for relief on the ground of hardship. In order to prove the existence of hardship in this case, 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.[1]
§ 171-79.8 Enforcement.
[Amended 5-24-2010 by L.L. No. 6-2010]
All work performed pursuant to a certificate of appropriateness issued under this article shall conform to all requirements included therein. It shall be the duty of the Code Enforcement Officer to periodically inspect all such work to assure compliance. In the event it is found that work is not being performed in accordance with the certificate of appropriateness or upon notification of such fact by the Architectural Review Board, the Code Enforcement Officer shall issue a stop-work order and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
§ 171-79.9 Maintenance and repair required.
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a property within the Historic Preservation Overlay Zone which does not involve a change in design, material, color or outward appearance. The provisions of this section supplement the requirements of the NYS Property Maintenance Code.
[Amended 4-8-2014 by L.L. No. 2-2014]
No owner or person with an interest in real property included in the Historic Preservation Overlay Zone shall permit a property to fall into a state of disrepair so as to produce a detrimental effect upon the character of the Historic Preservation Overlay Zone or the character of the property itself, or which creates or permits a hazardous or unsafe condition, as determined by the Code Enforcement Officer with the assistance of the Architectural review Board, as needed. Examples of deterioration indicative of a state of disrepair include, but are not limited to:
[Amended 4-8-2014 by L.L. No. 2-2014]
Deterioration of exterior walls or other vertical supports which have resulted in walls splitting, leaning, listing or buckling.
Deterioration of roofs or other horizontal members. Broken, missing, sagging shifting, split, perforated or rotted roof component or materials.
Deteriorated, inadequate or cracked foundation or supports.
Deteriorated or crumbling of exterior concrete blocks, brick, rock, mortar, stucco, or siding.
Ineffective waterproofing of exterior walls and roofs as well as ineffective sealing of cracks, joints and junctures.
Broken windows, broken doors and/or steps, as well as damaged or unsealed entranceways, cellarways and areaways.
Deterioration of exterior chimneys, including chimneys which may bulge, list, settle or with dislodged components.
Missing or damaged downspouts or gutters.
Standing water remaining within the proximity of the foundation 72 hours after the abatement of a storm or the recession of general flood waters.
Any fault, defect or condition which renders the structure unsafe, a hazard which could lead to the claim that demolition is necessary for the public safety.
§ 171-79.10 Violations.
Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be subject to penalties as provided in § 171-142 of this chapter.
Any person who alters, constructs or permits a designated property to fall into a state of disrepair in violation of this article shall be required to restore the property and its site to its appearance prior to the violation.
[Amended 4-8-2014 by L.L. No. 2-2014]