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Henrietta City Zoning Code

ARTICLE X

Historic Sites

[Amended 6-20-2001 by L.L. No. 3-2001]

§ 295-35 Authority; purpose; initiation.

A. 
Authority. The Town Board shall have the authority, in accordance with the procedures and standards hereinafter established, to create and to designate historic sites within the Town and to amend or rescind such designations as from time to time shall seem appropriate.
B. 
Purpose. Historic sites may be created in furtherance of the following public purposes, which are hereby found to be in the interest of the health, prosperity and welfare of the Town and its residents:
(1) 
To effect and accomplish the protection, enhancement, perpetuation and use of improvements and areas of special character or special history or aesthetic interest or value which represent or reflect elements of the town's cultural, social, economic, political and architectural history.
(2) 
To safeguard the town's historic, aesthetic and cultural heritage as embodied and reflected in such improvements and areas.
(3) 
To stabilize and improve property values in such areas.
(4) 
To foster civic pride in the beauty and noble accomplishments of the past.
(5) 
To protect and enhance the town's attractions to tourists and visitors and the support and stimulus to business and industry thereby provided.
(6) 
To strengthen the economy of the town.
(7) 
To promote the use of historic sites and landmarks for the education, pleasure and welfare of the people of the town.
C. 
Initiation. Proceedings for the designation of historic sites may be initiated by either the Town Board or the Historic Site Committee.

§ 295-36 Historic Site Committee.

[Amended 12-6-2017 by L.L. No. 11-2017]
The Historic Site Committee shall be comprised of a total of seven members. All members shall be appointed by the Town Board for four-year terms. Additionally, the Town Historian shall serve in a consulting and advisory role to the Committee.

§ 295-37 Procedure for historic site designation.

A. 
An historic site designation may be proposed by either the Town Board or the Historic Site Committee together with such supporting materials as may seem appropriate for processing in accordance with the provisions of this section.
(1) 
An historic site designation must have the approval of the property owner.
(2) 
The historic site regulations provided herein are intended to preserve historic or architecturally worthy buildings, structures, streetscapes and neighborhoods. In all zoning districts or parts thereof lying within the historic site designation, the regulations for both the zoning district and the historic site shall apply. Wherever there is a conflict between the regulations of the zoning district and the regulations of the historic site, the more restrictive shall apply.
B. 
Public hearing. Upon receipt of the proposal for an historic site designation a public hearing shall be set, advertised and conducted by the Town Board as provided in Article XII of this chapter. The Historic Site Committee shall be present to inform the public about the proposed sites.
C. 
Action by Town Board. Within 30 days of the public hearing, after all parties having indicated their agreement to the historic site designation, the Town Board shall direct to be mailed a certificate of designation to each property owner. A copy of each designation shall be given to the Town Clerk and to the Department of Building and Fire Prevention. The Department of Building and Fire Prevention shall turn over requests for alteration, modifications, new construction or demolition to the Historic Site Committee for plan review. Its findings are sent to the Town Board for final approval.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]

§ 295-38 Standards for designation of historic sites or preservation districts.

[Amended 12-10-2025 by L.L. No. 13-2025]
A. 
Individual properties. A property shall be considered for designation if at least two of the following factors are provided:
(1) 
The presence of special historical interest relating to local, state, or national history.
(2) 
The presence of special character or aesthetic interest or value caused by the development pattern of the area or by natural, landscaping or topographical features of the area.
(3) 
The presence of one or more periods or styles of architecture typical of one or more eras in the history of the Town which gives the area a distinct character.
(4) 
The concentration of indigenous examples of local architecture which have not been significantly altered from their original designs, and which have a uniform scale and derive special value from the repetition of scale and form.
(5) 
The presence of one or more distinguished buildings of high architectural quality and historic interest.
B. 
Historic districts. A historic district should be considered where there is a defined section of the community containing buildings, structures, properties, or sites that have been designated historically or architecturally significant along a common time period, architectural style, or other consistent theme that defines the character of the historic district being created. Specific goals and purpose behind the creation of a historic district include:
(1) 
Preserve the historical and architectural character of certain sites, structures or districts within the historic district.
(2) 
Prevent impairment of or injury to the historical, architectural and cultural value to the community of the properties.
(3) 
Provide that a reasonable degree of control may be exercised over alterations to such properties and over the alteration, architectural design and construction of structures erected or to be erected on any such sites or in such districts.
(4) 
Foster civic pride in the accomplishments of the past.
(5) 
Protect and enhance the historic districts attractiveness to visitors.
(6) 
Support and stimulate the economic activities provided by tourism.
(7) 
Stabilize and improve property values.
(8) 
Ensure the harmonious, orderly, and efficient growth and development of the historic district.

§ 295-39 Alterations, modifications or new construction.

[Amended 6-10-2020 by L.L. No. 2-2020; 12-10-2025 by L.L. No. 13-2025]
A. 
Prior to issuance of a building permit or prior to construction if no building permit is required, all modification, alteration or new construction within an historic site is subject to review by the Historic Site Committee and, if necessary, approval by the Town Board as set forth herein.
(1) 
Modification, alteration or new construction shall be construed to include changes that affect the visual quality of the site, particularly from a public street. Normal maintenance and exterior painting are excluded from these provisions, but only so long as such normal exterior maintenance conforms to the original standards of the period as determined by the Code Enforcement Officer upon the advice of the Historic Site Committee.
(2) 
Interior changes are left to the discretion of the property owner and are excluded from these provisions.
B. 
Review under this section shall include, but is not necessarily restricted to, all items relating to the exterior facade of the structure, substantial changes in landscaping or street features, such as fencing and walls, and the addition of any structure or sign that changes the view of the existing building, particularly from a public street.
C. 
Within 30 days of the receipt of application for plan review, the Historic Site Committee shall forward a recommendation to the Town Board. If, in the opinion of the Historic Site Committee, the alteration, modification, or new construction has an insignificant impact such that a full review by the Town Board is unwarranted, then the recommendation to the Town Board shall include that determination. Unless there is an objection by any member of the Town Board, within five days of receiving the letter, then the recommendation from the Historic Site Committee shall suffice to proceed with the planned alteration, modification, or new construction.
D. 
If the change is not insignificant, a Town Board member objects to it being determined to be insignificant, or a potential variance is needed as part of the alteration, modification, or new construction, then the matter shall be taken up by the Town Board. The Town Board shall render a determination yes or no on whether to proceed within 45 days of receipt of the recommendation from the Historic Site Committee. In rendering such determination, the Town Board may permit a reduced or alternate solution than what was proposed and may also determine to permit a variance from any area or bulk requirements that may be required by the Zoning Code, but only to the extent needed to proceed with the subject proposed alteration, modification or new construction. The Town Board may grant such variance only where it determines that it would align with the intent of this chapter.

§ 295-40 Demolition regulations for historic sites.

[Amended 2-15-2006 by L.L. No. 1-2006; 2-18-2015 by L.L. No. 1-2015; 6-26-2019 by L.L. No. 5-2019; 12-10-2025 by L.L. No. 13-2025]
Prior to the issuance of a demolition permit for any structure within a designated historic site or within a contributing property to a historic district, the following procedures shall be followed:
A. 
The application for such permit to the Department of Building and Fire Prevention shall be referred to the Historic Site Committee for review. The Committee shall forward a recommendation to the Town Board within 30 days.
B. 
Within 60 days of such application, the Town Board shall hold a public hearing in accordance with the procedures for such hearing as set forth in Article XII of this chapter.
C. 
The Town Board shall consider such application for a demolition permit based upon the following factors:
(1) 
The historical, architectural, educational and general value of the structure.
(2) 
The importance of the structure to the historic site as a whole and other nearby buildings of historic note.
(3) 
The potential for developing alternatives that will permit the saving of the structure.
(4) 
The economic value and importance of both preservation and demolition.
D. 
Approval or disapproval. A project that has received Town Board approval will be issued a demolition permit.

§ 295-40.1 Creation of historic districts.

[Added 12-10-2025 by L.L. No. 13-2025; amended 1-15-2026 by L.L. No. 2-2026]
A. 
Authority. The Town Board shall have the authority, in accordance with the procedures and standards hereinafter established, to create and to designate historic districts within the Town and to amend or rescind such designations as from time to time shall seem appropriate.
B. 
Initiation. Proceedings for the designation of historic districts may be initiated by the Town Board or the Henrietta Historic Site Committee.
C. 
Public Hearing and Vote. A public hearing must be called, advertised in advance, with a notice mailed to all affected properties. The notice must include the specifics of the district including the intent, historic character being preserved, district-specific regulations, and a map designating i) contributing properties, ii) properties eligible to be contributing properties, iii) properties ineligible to be contributing properties, and iv) properties already designated as non-contributing properties.
D. 
Contributing properties. During the creation of a district, there will be both contributing and non-contributing properties within the district. When creating a new district, the district boundaries should be drawn to minimize the number of non-contributing properties, unless there is a historical reason for larger boundaries.
(1) 
Contributing: properties within the boundaries of a historic district that contribute to the significance of the historic district. These include the following sub-categories:
(a) 
Contributing-designated: these are properties that align with the parameters of the district and have been designated on a federal, state, or local historic registry.
(b) 
Contributing-eligible: these are properties that align with the parameters of the district and are eligible to be designated on a federal, state, or local historic registry.
(2) 
Non-contributing: properties that are included within the boundaries of historic districts but that do not contribute to the significance of the district. These include the following sub-categories:
(a) 
Non-contributing-structured: these are properties that contain structures that do not align with the district and are thus, non-contributing properties in the district.
(b) 
Non-contributing-vacant: these are properties that are currently vacant and that do not contain any former historic structure, occupant, or other historic significance and are thus, non-contributing properties in the district.
E. 
Created historic districts. The following historic districts have been created in the Town of Henrietta:
(1) 
West Henrietta Historic District.
(a) 
Boundaries. Properties on West Henrietta Road between 5315 and 6045, inclusive, and properties on Erie Station Road between 649 and 808, inclusive, or as defined in Appendix A304, West Henrietta Historic District, § A304-1, Contributing property list; § A304-2, Non-contributing property list; and § A304-3, District Map; and as shown on the Henrietta Zoning Map, as defined in § 295-4.
(b) 
Contributing properties. The West Henrietta Historic District is being created with an initial 56 contributing properties. The full list of the properties included can be found in Appendix A304, West Henrietta Historic District, § A304-1, Contributing property list, and § A304-2, Non-contributing property list.
(c) 
Time period and architectural styles. The West Henrietta Historic District is preserving the history of the West Henrietta Hamlet as built up between 1818 and 1925, inclusive, and includes the following architectural styles:
[1] 
Colonial Revival.
[2] 
Federal.
[3] 
Folk Victorian.
[4] 
Gothic Revival.
[5] 
Greek Revival.
[6] 
Italianate.
[7] 
Queen Anne.
[8] 
Tudor Revival.
[9] 
Vernacular, Early 19th Century.
[10] 
Vernacular, Mid 19th Century.
[11] 
Vernacular, Late 19th Century.
[12] 
Vernacular, Early 20th Century.

§ 295-40.2 Historic district regulations.

[Added 12-10-2025 by L.L. No. 13-2025; amended 1-15-2026 by L.L. No. 2-2026]
A. 
Additional regulations. Unless expressly stated otherwise, the regulations defined here are not in place of other zoning regulations but are in addition to those other zoning regulations.
B. 
Property maintenance.
(1) 
Contributing properties must be maintained with their historic features altered as little as possible, pursuant to § 295-39. This includes choice of materials, proportion and arrangement of windows, shutters, doors, and other wall features, as well as roof shape and roofing material.
(2) 
Both contributing and non-contributing properties must be maintained such that they remain visually compatible with the surrounding properties. This includes the proportion of the property's front facade, green space in front of the buildings, and maintenance of setbacks from the street and adjoining properties.
(3) 
All modifications, alterations, or new construction to contributing properties, and any significant modifications, alterations, or new construction to non-contributing properties, within an historic district are subject to review by the Historic Site Committee.
(a) 
For contributing properties, this review is regarding maintaining the historic features as described above. When a permit application is received, the Building Department will send it to the Historic Site Committee for review as detailed in § 295-39.
(b) 
For non-contributing properties, this review is with regard to not detracting from the surrounding historic properties or the overall character of the historic district. When a permit application is received, the Director of Building and Fire Prevention or designee may determine that the proposed action will have an insignificant impact on the character of the historic district and will have no impact on any adjacent historic or contributing property, in which case, a building permit may be issued. If it is determined that the proposed action will have an impact on the character of the historic district that is not insignificant or that it will have any impact on an adjacent historic or contributing property, then the approval process defined in § 295-39 shall be followed.
C. 
New construction, remodeling, and restoration.
(1) 
Architecture. New or remodeled structures built within a historic district must align with the character of the neighborhood for the historic district. This includes overall architectural design, building materials used, size and height of the structure, unbroken large facades, size of windows, and such. All new architectural plans must be reviewed by the Historic Site Committee prior to the issuance of a building permit.
(2) 
Site plan. Adequate setbacks from the road as well as from adjacent properties must be maintained on the site plans, as per the specific requirements of the historic district and/or overall zoning requirements. Transition buffers must be maintained when commercial, industrial, or multi-family uses are built adjacent to other residential properties, as governed by § 295-60, Subsection E.
(3) 
Accessory structures and site amenities. All accessory structures and site amenities constructed, installed, or remodeled on a property within the historic district must meet the same building material and character of neighborhood requirements of the primary structure.
(4) 
Preservation of historic structures when remodeling. If a property is being redeveloped and/or a specific structure is being remodeled, the existing historic buildings shall be preserved and protected. Removal of historic materials or alterations of historic features of the building must be avoided. Restoration and rehabilitation of historic structures must adhere to the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. When adding to an existing historic structure, the addition should be done in a manner to minimize the damage to the historic structure and facilitate the restoration of the historic structure should the addition be removed. Large additions should be avoided, with alternatives considered such as creating a new accessory structure that is consistent in the character of the original structure, but separate from it, or perhaps connected by a covered or conditioned hallway that minimizes the disturbance of the original historic structure.
(5) 
Restoration of a historic structure. Deteriorated historic features should be repaired rather than replaced whenever possible. Where the historic material is too far deteriorated, the replacement material should match the original historic feature in design, color, texture, material, and other visual qualities. Replacement of deteriorated or missing materials or features should be documented with the Historic Site Committee. The removal of non-historic materials and building additions will be permitted after review by the Historic Site Committee to ensure those elements are non-historic in nature. When considering chemical or physical restoration and cleaning methods, the use of methods approved for the historic structure is encouraged. Methods that are more caustic or destructive, such as sand-blasting, should be avoided. Whenever possible, contractors with experience working on historic properties, especially the specific type of historic property (e.g., cobblestone or fieldstone with historic mortar joints) should be employed.
(6) 
Coordination with existing structures. When new buildings are added to a property or associated property (i.e., was once part of the same property) with a historic structure, they shall be added in such a manner as to preserve the original historic structure, including with regard to the existing viewshed to the road. No new building may be closer to the road than the existing structure unless expressly permitted in a Special Use Permit first obtained from the Town Board after a public hearing as provided in Article XII of this chapter.
(7) 
Preservation of archeological resources. Archeological resources and sites within the historic district shall be protected and preserved, preferably being left undisturbed. If it is necessary to work in an area with archeological resources, mitigation measures must be undertaken and any historic or archeological resources protected and/or worked on by individuals licensed for such work.
(8) 
Approvals required. For any contributing property, the approval process defined in § 295-39 shall be followed. For non-contributing properties, the Director of Building and Fire Prevention or designee may determine that the proposed action will have an insignificant impact on the character of the historic district and will have no impact on any adjacent historic or contributing property, in which case, a building permit may be issued. If it is determined that the proposed action will have an impact on the character of the historic district that is not insignificant or that it will have any impact on an adjacent historic or contributing property, then the approval process defined in § 295-39 shall be followed.
D. 
Demolition. Any structure within a contributing property in a historic district must follow the procedures detailed in § 295-40. This is not a requirement for non-contributing properties within a historic district unless those properties carry a separate historic designation.
E. 
West Henrietta Historic District specific regulations.
(1) 
Site requirements and setbacks. The minimum lot size is 10,000 square feet. The front setback shall be 35 feet from the right-of-way or, with approval from the Town Board, pursuant to Article X of this chapter, as close as other existing historic structures are located with respect to the right-of-way elsewhere on the property or on adjacent properties (within 200 feet of the proposed structure location). Side and rear setbacks shall be 10 feet from the edge of property; however, adequate transitional buffers must be maintained when a commercial, industrial, or multi-family use is being considered on a property within the district that is adjacent to a residential property or property with a historic structure on it.
(2) 
Open space. Contributing properties within the district must maintain 30% open space, which includes lawns, wooded areas, wetland areas, and stormwater ponds. If an existing site currently has less than 30% open space, when remodeling, the new site plan should have more open space than the existing plan, moving as close to the 30% open-space requirement as practicable. Front lawns, or areas in front of historic structures, are especially important to maintain as open space.
(3) 
Driveways and parking lots. For contributing properties, driveways and parking lots may be asphalt, concrete, well-packed gravel or millings, or with a green pavement system upon obtaining specific approval from the Henrietta Department of Engineering and Planning, in consultation with the Historic Site Committee. If a material other than asphalt or concrete is used, the driveway or parking lot entrance through the right-of-way must be paved with asphalt or concrete. For non-contributing properties, all driveways and parking lots must be paved with asphalt or concrete.
(4) 
Design and construction standards. New construction, remodeling, and restoration work within the district should follow the design and construction standards contained in § A304-4, Style Guide, of Appendix A304, West Henrietta Historic District, as well as to those requirements detailed in Subsection C above.