Patchogue City Zoning Code
ARTICLE XIV
Historical Preservation and Architectural Review
§ 435-84 Purpose.
The Board of Trustees find that the lack of uniformity, dissimilarity, inappropriateness or poor quality of design and location of buildings and appurtenant structures, including facades, exterior lighting and signs, adversely affect the desirability of the immediate and neighboring areas and, thereby, impair the benefits of occupancy of existing property and the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate development of such areas and destroys the proper relationship between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the intent of this article to establish procedures and design criteria necessary to avoid such results and to preserve and enhance the character, historical interest, beauty and general welfare of the Village and to ensure that the location and design of buildings, signs, other structures and open spaces in the Village shall aid in creating a balanced and harmonious composition of the whole as well as in the relationship of its several parts.
§ 435-85 Structure and responsibilities of Board.
A.
A Committee of Historic Preservation and Architectural Review (hereinafter the "Committee") is hereby established, consisting of five members to be appointed by the Mayor with the approval of the Board of Trustees. The first appointments thereto shall be for terms so fixed so that one shall expire at the end of the current official year, two shall expire at the end of the next succeeding official year and the remaining two shall expire at the end of the following succeeding official year. Except as provided for, appointments shall be for a three-year term. The Village Historian shall be an ex-officio member of the Committee. All members shall be residents of the Village.
B.
The Board of Trustees may remove any member, with or without cause.
C.
If a vacancy shall occur other than by expiration of a member's term, it shall be filled by an interim appointment for the remainder of the former member's unexpired term.
D.
The Mayor shall designate a Chairperson of the Committee, subject to the approval of the Board of Trustees. Such designation shall be for one official year of the Village and shall expire at the end of each official year. The Committee shall designate a Vice Chairman and a Secretary.
E.
The Committee shall adopt rules of procedure as it may deem necessary to the proper exercise of its responsibilities with regard to architectural review and historic preservation.
F.
All meetings of the Committee shall be open to the public.
G.
(Reserved)
H.
The Board of Trustees may designate a licensed architect to advise the Committee. The Board of Trustees may authorize other professional consultants, secretaries, clerks or such other personnel as may be necessary to assist the Board in carrying out its duties and powers. The Board of Trustees shall fix the compensation thereof and pay other expenses of the Committee.
I.
The Committee is charged with the duty of advising the Planning Board and Building Inspector on architectural and historical preservation issues in land use applications referred to the Committee.
§ 435-86 Review procedures.
The Planning Board or the Building Inspector may refer any land use application to the Committee for review. Within 30 days of referral, the Committee shall issue a written report to the Planning Board or Building Inspector.
§ 435-87 Designation of landmarks.
A.
Upon referral from the Board of Trustees, the Committee shall make a study of the structures existing and situated in the Village to identify, conserve, protect, enhance and perpetuate those structures within the Village which, by reason of their particular or distinctive architectural style, general design, historic association or historic or architectural and historic heritage, may be designated as landmarks. Upon receipt by the Village Board of Trustees of any such recommendation from the Committee, the Board of Trustees will schedule and conduct a public hearing in accordance with Article 21 of the Village Law, at which any interested party or citizens shall have an opportunity to be heard with respect to the proposed designation of any structures as a landmark.
B.
A written notice of any proposed designation of a structure as a landmark under this section shall be given by first class mail by placing notice in the postage-paid envelope to the owner of record therefor at least 15 days prior to the date of the public hearing called for by this section.
C.
In the event that the Village Board of Trustees shall adopt the proposed designation of a structure as a landmark, such designation shall be entered in the minutes of the Village Board of Trustees, and a copy thereof shall be published once in the official newspaper, and a copy of such designation shall be posted conspicuously at or near the entrance to the office of the Village Clerk. Affidavits of the publication and the posting thereof shall be filed with the Village Clerk. Such designation shall take effect 10 days after such publication and posting a copy or other notation of the designation shall be made in the Building and Housing Department file. Any subsequent certificate of zoning compliance, certificate of occupancy or the equivalent shall contain a notation of the designation and the statement pursuant to § 435-88F.
D.
(Reserved)
E.
The Historic District is property located:
(1)
Within the Village except for property within those areas zoned A Residential.
F.
No person shall carry out any exterior alteration, restoration, construction, reconstruction, demolition or moving of a structure or land or historic trees or plantings upon property containing a designated landmark or within a historic district, nor shall any person make any material change in appearance and cohesiveness of the historic district, without first obtaining a certificate of appropriateness from the Planning Board. In considering an application seeking a certificate of appropriateness, the Planning Board shall consider the historical and architectural value and significance of the building, structure, land, trees or plantings and whether the alteration, demolition or removal will cause a substantial deviation from the purpose and intent of this chapter. The Board shall consider and be guided by the criteria and standards referred to herein.
§ 435-89 Criteria.
A.
Any board rendering a decision or recommendation pursuant to this article shall consider the following factors:
(1)
The general design, character and appropriateness to the property of the proposed alterations or new construction.
(2)
The scale of the proposed alteration or new construction to the property itself and the surrounding properties and neighborhood.
(3)
Texture, materials and color and their relation to similar features of other properties in the neighborhood.
(4)
Visual compatibility with surrounding properties, including proportion of the property's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the spacing of properties on streets, including setback.
(5)
The importance of features or property to be changed to the historic, architectural, cultural or other significance of such feature or property.
(6)
All design standards, regulations and criteria contained in the Village Code.
(7)
The Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.
§ 435-90 Enforcement; penalties for offenses.
A.
Work performed pursuant to a certificate of appropriateness shall conform to the requirements set forth therein. It shall be the duty of the Building Inspector to inspect periodically any such work to assure compliance.
§ 435-91 Maintenance and repair required.
A.
Nothing in this chapter shall be construed to prevent the ordinary maintenance and repair of any feature of a landmark or property within a Historic District which does not involve a change in design, material, color or outward appearance.
B.
No owner or person with an interest in real property designated as a landmark or included within a Historic District shall permit the property to fall into a state of disrepair so as to cause a detrimental effect upon the character of the landmark or Historic District.
C.
Upon the Building Inspector's finding that a property either designated as a landmark or within the Historic District has fallen into a state of disrepair so as to cause, in the judgment of the Building Inspector, a detrimental effect upon the character of the landmark or Historic District, then the Building Inspector may direct remedial steps be taken. If no remedial action is taken by the record owner following 20 days' notice to said owner by certified mail return receipt and regular mail, the Building Inspector may take such steps including a request to the Board of Trustees to hire and direct the performance of such repairs or maintenance as may be immediately necessary. The cost of such material for repairs shall be a lien against the property and shall be payable accordingly.