Mc Graw Village City Zoning Code
ARTICLE IX
Special Use Districts
§ 175-21 General provisions.
§ 175-22 Historic and/or Architectural Design (HD) District .
Intent. It is desirable to take measures to provide for the creation of an Historic and/or Architectural Design (HD) District in the downtown core area in furtherance of the following public purposes which are found to promote the economic, cultural, educational and general welfare of the residents of the Village of McGraw:
To encourage the coordinated development of the downtown center in a cohesive manner which will ensure a unified architectural style consistent with the historic development in this area.
To provide for the protection, enhancement, perpetuation and use of those districts and structures which are illustrative of the growth and development in the Village of McGraw and which are of particular historic or aesthetic value to the Village.
To foster civic pride in those elements of the Village's past which give McGraw its unique character and set it apart from other villages.
To promote the use of HD Districts as a means of providing enjoyment and unique educational benefit by perpetuating the physical evidence of McGraw's past.
Requirements to establish an Historic and/or Architectural Design District.
Historic and/or Architectural Design Districts are required to meet the following criteria for designation upon the Zoning Map and to be included under the provisions of this chapter:
The district must have a special character of special historic or aesthetic interest or value as determined by the Planning Board; or
It must represent one or more eras in the history of the Village, region, state or nation and be illustrative of the historic growth and development of the Village, region, state or nation; or
The district must possess a unique overall quality of architectural scale, texture, form and visual homogeneity, even though certain structures within the district may lack individual distinction.
An individual site and the building thereon, not part of a historic district, may be designated a "landmark site" if it meets the above criteria and shall be designated "LM" on the Zoning Map and shall be subject to the same regulations as an historic district.
Procedure to establish an Historic and/or Architectural Design District.
The establishment of a district shall follow the procedure presented in this chapter or amendments to this chapter and shall have a special designation upon the Zoning Map.
Proposals to designate a district shall be justified in findings presented as a result of an historical resources survey for the district. The survey shall be prepared and conducted as provided under the State of New York Division of Historic Preservation, Office of Parks, Recreation and Historic Preservation, Historic Resources Survey Manual, revised edition 1974, and as further revised.
The resolutions of the Village Planning Board with respect to any proposed designation or change thereof, together with the recommendations, if any, of the Board shall be forwarded to the Village Clerk, who shall transmit copies of the same to members of the Board of Trustees. The Board of Trustees shall either adopt, modify or reject the recommendations of the Planning Board with respect to a proposed designation or change thereof.
Creation of Review Commission.
The Planning Board of the Village of McGraw shall act as a Review Commission for the purposes of this section. The Village shall appoint two additional nonvoting ex officio members, one of which shall be the Village Historian.
It shall be the duty of the Planning Board to exercise aesthetic judgment and maintain the desirable character of the district and prevent construction, reconstruction, alteration or demolition out of harmony with existing buildings insofar as style, materials, color, line and detail are concerned; to discourage degeneration of property and safeguard public health, safety and fire prevention; and to promote and preserve the beauty and historic character of the district. In addition, the Planning Board shall have the power to:
Retain or employ professional consultants, at the expense of the applicant, as may be necessary to assist the Planning Board in carrying out its duties.
Conduct surveys of buildings for the purpose of determining those of historic and/or architectural significance and pertinent facts about them.
Formulate recommendations concerning the preparation of maps, brochures and historical markers for selected historic and/or architectural sites and buildings.
Cooperate with and advise the Village Board of Trustees and other municipal boards and agencies in matters involving historic and/or architectural sites and buildings.
Advise owners of historic buildings on problems of preservation and restoration.
Regulated actions; application. This section shall apply to all buildings, structures, outbuildings, walls, fences, steps, topographical features, earthworks, paving and signs in the HD District. No changes in any exterior architectural feature, including but not limited to construction, reconstruction, alteration, removal, demolition or painting, shall be made except as hereinafter provided.
Permitted uses. Any uses permitted in the primary zoning district shall be permitted in the HD District.
Area, height and bulk regulations. Area, height and bulk requirements applicable to the primary zoning district shall apply.
Procedure.
Notwithstanding any inconsistent law, local law, code, rule or regulation concerning the issuance of zoning permits, no change in the exterior architectural features of structures within the district shall be commenced without a certificate of appropriateness (CA) from the Planning Board, nor shall any zoning permits for such change be issued without such certificate of appropriateness having first been issued. The certificate of appropriateness required by this subsection shall be in addition to, and not in lieu of, any zoning permit required by any law, local law, code, rule or regulation of the Village of McGraw. Any construction prior to obtaining a certificate of appropriateness shall be in violation of the law and shall be the liability of the property owner.
Application for a certificate of appropriateness shall be made in writing upon forms prescribed by the Planning Board.
Issuance of certificate of appropriateness.
Within 30 days after a complete application is filed with the Planning Board, or within such time as agreed to by the applicant, in writing, the Planning Board shall hold a meeting to determine whether the proposed construction, reconstruction or alteration of the exterior architectural feature involved is appropriate and compatible to the intent of the HD District as heretofore described. The applicant or his/her designee is required to attend a meeting with the Planning Board to address the appropriateness and compatibility of the project before a decision by the Planning Board can be reached. This review shall be in addition to any other permit or procedure.
In passing upon appropriateness, the Planning Board shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design, arrangement, texture, material and color of the exterior architectural feature involved and the relationship thereof to the exterior architectural features of other structures in the immediate neighborhood.
If the Planning Board approves a material change proposed, the Board shall issue a certificate of appropriateness, which shall specify the work to be done. In issuing such certificate, the Board may prescribe any conditions that it deems to be necessary to carry out the intent and purposes of this section.
Notwithstanding the foregoing, if the Planning Board fails to issue a certificate or to notify the applicant of its determination not to issue a certificate within 30 days of holding a meeting with the applicant present to address the appropriateness and compatibility of the project, or within such additional time period as the Board and applicant may agree to, such application shall be deemed approved.
In cases where the proposed construction, reconstruction or alteration of the exterior architectural feature may be inappropriate, owing to conditions especially affecting the structure involved but not affecting the district generally, the Planning Board shall determine whether failure to issue a certificate of appropriateness will involve a substantial hardship to the applicant.