Fort Edward Village
City Zoning Code
City Zoning Code
ARTICLE X
Downtown Preservation
§350-10-1 Purpose.
A.
There exist within the Village, particularly in the C-1 and HC Districts, places, sites, structures and buildings of historic or architectural significance, antiquity, uniqueness of exterior design or construction, which should be conserved, protected and preserved to maintain the architectural character of the Village, to contribute to the aesthetic value of the Village and to promote the general good, welfare, health and safety of the Village and its residents. The provisions of this Article X shall apply to all buildings in the C-1 and HC Districts and any other buildings designated on any state or federal historic register.
B.
The purpose of this Article X is to promote the general welfare by providing for the protection, enhancement, perpetuation, and use of buildings, structures, signs, features, improvements, sites, and areas within the C-1 and HC Districts that reflect special elements of the Village's historical, architectural, cultural, economic or aesthetic heritage for the following reasons:
(1)
To foster public knowledge, understanding, and appreciation in the beauty and character of the Village and in the accomplishments of its past;
(2)
To ensure the harmonious, orderly, and efficient growth and development of the Village;
(3)
To enhance the visual character of the city by encouraging new design and construction that complements the Village's historic buildings;
(4)
To protect and promote the economic benefits of historic preservation to the Village, its inhabitants and visitors;
(5)
To protect property values in the Village;
(6)
To promote and encourage continued private ownership and stewardship of historic structures;
(7)
To identify as early as possible and resolve conflicts between the preservation of historic landmarks/districts and alternative land uses; and
(8)
To conserve valuable material and energy resources by ongoing use and maintenance of the existing built environment.
C.
Enabling authority. Pursuant to Article 5, § 96-a; Article 5-G, Article 5-J, and Article 5-K, § 119-dd, of the General Municipal Law; Article 14 of the Parks, Recreation and Historic Preservation Law; and § 10 of the Municipal Home Rule Law; it is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of landmarks and historic districts are necessary to promote the cultural, economic and general welfare of the public.
§350-10-2 Demolition, removal, or relocation of buildings in the C-1 and HC Districts, or other historic buildings.
A.
Demolition of a structure located in and contributing to the significance of the C-1 and HC Districts shall be allowed only in case of economic hardship, unless the Code Enforcement Officer, upon due deliberation has made an express written finding that the structure presents an imminent threat to the public health, safety and welfare.
B.
Any person desiring to demolish a building shall first file an application for a building demolition permit with the Building Department and an application for a certificate of appropriateness of demolition with the Zoning Board of Appeals. An applicant must submit the following items:
(1)
Current level of economic return;
(2)
Amount paid for the property, date of purchase, party from whom purchased, and relationship between the owner of record, the applicant, and person from whom property was purchased;
(3)
Annual gross and net income from the property for the previous three years;
(4)
Itemized operating and maintenance expenses for the previous three years, and depreciation deduction and annual cash flow before and after debt service, if any, during the same period;
(5)
Remaining balance on the mortgage or other financing secured by the property and annual debt-service, if any, during the prior three years;
(6)
Real estate taxes for the previous four years and assessed value of the property according to the two most recent assessed valuations;
(7)
All appraisals obtained within the last two years by the owner or applicant in connection with the purchase, financing, or ownership of the property;
(8)
Form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture, or other;
(9)
Any state or federal income tax returns relating to the property for the last two years;
(10)
Any listing of property for sale or rent, price asked, and offers received, if any, within the previous two years, including testimony and relevant documents regarding:
(a)
Any real estate broker or firm engaged to sell or lease the property;
(b)
Reasonableness of price or rent sought by the applicant; or
(c)
Any advertisements placed for the sale or rent of the property;
(11)
Feasibility of alternative uses for the property that could earn a reasonable economic return;
(12)
Report from a licensed engineer or architect with experience in rehabilitation as to the structural soundness of any buildings on the property and their suitability for rehabilitation;
(13)
Cost estimates for the proposed construction, alteration, demolition, or removal, and an estimate of any additional cost that would be incurred to comply with the requirements for a certificate of appropriateness;
(14)
Estimated market value of the property:
(a)
In its current condition;
(b)
After completion of the proposed alteration or demolition; and
(c)
After renovation of the existing property for continued use;
(15)
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;
(16)
Any evidence of self-created hardship through deliberate neglect or inadequate maintenance of the property;
(17)
Economic incentives and/or funding available to the applicant through federal, state, city, or private programs; and
(18)
Applicable SEQRA forms.
C.
Demolition of any such building may be approved only in connection with approval of a replacement project.
D.
The Zoning Board of Appeals shall hold a public hearing and shall take one of the following actions:
(1)
Approve the demolition permit in conformance with the provisions of § 350-10-2 of this chapter;
(2)
Approve the demolition hardship permit subject to a waiting period of up to 120 days to consider relocation/documentation;
(3)
Deny the permit. If denied, the ZBA shall set forth the reasons for such denial.
E.
During the continuance period, the Zoning Board of Appeals may investigate relocation of the building (on site) or modification of the building for future uses in a way which preserves the architectural and historical integrity of the building.
§350-10-3 Demolition, removal or relocation hardship criteria.
A.
Application for demolition, removal or relocation. An applicant may apply to the Zoning Board of Appeals for a certificate of appropriateness for demolition of a proposed demolition, removal or relocation of a building in the C-1 or HC Districts, or any other buildings designated on any state or federal historic register. In order to prove the existence of economic hardship sufficient to justify demolition, removal, or relocation, the applicant shall establish that a denial of such application will prevent the property owner from earning a reasonable return on investment, regardless of whether that return represents the most profitable return possible.
(1)
Certificate of appropriateness for demolition. The applicant for a certificate of appropriateness for demolition must establish to the Zoning Board of Appeals' satisfaction, an imminent plan of reuse or redevelopment of the affected property. The applicant shall establish that:
(a)
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b)
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return;
(c)
Efforts to find a purchaser interested in acquiring the property and preserving it have failed;
(d)
The inability to adapt or reuse the property or to find a reasonable purchaser has not been caused by the owner's failure to maintain the property in usable condition; and
(e)
The applicant has submitted a proposed plan for the documentation of the building to document the characteristics, use and history of the building and the agency, museum or group where such documentation will be donated and kept.
(2)
In deciding upon such application for removal, relocation or demolition, the Zoning Board of Appeals may consider whether the owner has created his own hardship through waste and neglect, thereby permitting the property to fall into a serious state of disrepair.
B.
Before approving the removal, relocation or demolition of an individual landmark or structure within a historic district, the Zoning Board of Appeals may suspend the application for up to 180 days to allow the applicant to consult in good faith with the local preservation groups and the public in a diligent effort to seek a less intrusive alternative to demolition. In the event the Zoning Board of Appeals does not suspend such application, the Zoning Board of Appeals shall hold a public hearing on the application within 60 days of the application being deemed complete.