Henrietta City Zoning Code
ARTICLE X
Historic Sites
§ 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.
A property shall be considered for designation if at least two of the following factors are provided:
A.
The presence of special historical interest relating to local, state or national history.
B.
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.
C.
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.
D.
The concentration of indigenous examples of local architecture which have not been significantly altered from their original design and which have a uniform scale and derive special value from the repetition of scale and form.
E.
The presence of one or more distinguished buildings of high architectural quality and historic interest.
§ 295-39 Alterations, modifications or new construction.
[Amended 6-10-2020 by L.L. No. 2-2020]
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 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.
D.
The Town Board shall render a determination within 45 days of receipt of the recommendation from the Historic Site Committee. In rendering such determination, the Town Board 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 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.
Prior to the issuance of a demolition permit for any structure within a designated historic site, 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.
[Amended 2-15-2006 by L.L. No. 1-2006; 6-26-2019 by L.L. No. 5-2019]
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.
[Amended 2-18-2015 by L.L. No. 1-2015]