Pittsford Town City Zoning Code
ARTICLE XXX
Landmarks, Historic Districts and Certificates of Appropriateness
§ 185-195.1 Purpose; intent.
It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of historic landmarks is necessary to promote the economic, cultural, educational and general welfare of the public. Inasmuch as the identity of a people is founded on its past and inasmuch as the Town of Pittsford has many significant historic, architectural and cultural resources which constitute its heritage, this article is intended to:
A.
Protect and enhance the historic landmarks which represent distinctive elements of Pittsford's historic, architectural and cultural heritage.
B.
Foster civic pride in the accomplishments of the past.
C.
Protect and enhance Pittsford's attractiveness to visitors and the support and stimulus to the economy thereby provided.
D.
Ensure the harmonious, orderly and efficient growth and development of the Town.
E.
Stabilize and improve property values in the Town.
§ 185-195.2 List of inventoried structures.
[Added 6-17-2014 by L.L. No. 6-2014[1]]
A.
The Town Board shall, at its discretion, and by resolution, create and update a list of inventoried structures that the Town Board finds generally meet the criteria set forth in § 185-195.3 of this chapter for potential designation as a landmark.
B.
In creating or updating the list of inventoried structures, the Town Board shall take into consideration the results of any survey conducted by the Design Review and Historic Preservation Board, pursuant to § 185-150A(8) of this chapter; the recommendations of a qualified consultant commissioned by the Town Board to make such recommendations; and/or input from community organizations or citizens.
§ 185-195.3 Designation of landmarks.
A.
The Design Review and Historic Preservation Board may designate a structure as a landmark if it:
(1)
Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation;
(2)
Is identified with historic personages;
(3)
Embodies the distinguishing characteristics of an architectural style;
(4)
Is the work of a designer whose work has significantly influenced an age; or
(5)
Because of a unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
B.
The Board may, in designating landmark structures, include a reasonable amount of land surrounding the structure, including any nearby outbuildings, so as to protect the structure or structures from undue encroachment.
C.
Notice of a proposed designation shall be sent by certified mail to the owner of the structure proposed for designation, describing the structure proposed and announcing a public hearing by the Board to consider the designation. Notice of such hearing shall be published at least once in a newspaper of general circulation at least 10 days and not more than 20 days prior to the date of the public hearing. Once the Board has issued notice of a proposed designation, no building or demolition permits shall be issued by the Code Enforcement Officer until the Board has made its decision.
D.
The Board shall hold a public hearing prior to designation of any historic landmark. The Board, owners and any interested parties may present testimony or documentary evidence at the hearing which will become part of a record regarding the historic, architectural or cultural importance of the proposed landmark. The record may also contain staff reports, public comments, or other evidence offered outside of the hearing.
E.
The Board shall file with the Town Clerk the record of its proceedings and its resolution of designation which shall describe the boundaries of the land, if any, surrounding the structure. The Board shall file in the Monroe County Clerk's office a notice of each designated structure, including surrounding land, if any, referencing it by street name and number and/or tax account number, and referring any interested person to the Town Clerk's office and the Town Municipal Code for more detailed information.
§ 185-196 Certificate of appropriateness required.
No person shall carry out any exterior alteration, restoration, reconstruction, demolition, new construction or moving of a designated structure or a structure located within a historic district, nor shall any person make any material change in the appearance of such a structure, its light fixtures, signs, sidewalks, fences, steps, paving or other exterior elements visible from a public street or alley or from the Erie Canal, without first obtaining a certificate of appropriateness from the Design Review and Historic Preservation Board.
§ 185-197 Criteria for approval of certificate of appropriateness.
A.
In passing upon an application for a certificate of appropriateness, the Design Review and Historic Preservation Board shall not consider changes to interior spaces, unless they are open to the public, or to architectural features that are not visible from a public way. A public way shall include the Erie Canal.
B.
The Design Review and Historic Preservation Board's decision shall be based upon the following principles:
(1)
Designated structures and/or structures which contribute to the character of a historic district shall be retained, with their historic features altered as little as possible.
(2)
Any alteration of existing designated structures shall be compatible with its historic character and, if located within a historic district, with the surrounding structures of such historic district.
(3)
New construction shall be compatible with the structure and, if located within a historic district, the surrounding structures of such historic district.
C.
In applying the principle of compatibility, the Design Review and Historic Preservation Board shall take into consideration any and all distinguishing character-defining features identified at the time such structure was inventoried and/or designated as a landmark, shall be guided by the Standards and Guidelines for Certificates of Appropriateness, dated November 18, 2011, as amended and supplemented, and shall consider the following factors:
(1)
The general design, character and appropriateness to the designated structure and/or surrounding structures in a historic district of the proposed alteration or new construction.
(2)
The scale of proposed alteration or new construction in relation to the designated structure itself and/or surrounding structures in a historic district.
(3)
Texture, materials and color and their relation to similar features of the designated structure and/or surrounding structures in a historic district.
(4)
Visual compatibility with the designated structure and/or surrounding structures in a historic district, including the proportion of the structure's front facade, proportion and arrangement of windows and other openings within the facade, roof shape and the rhythm of spacing structures on streets, including setback.
(5)
The importance of historic, architectural or other features to the significance of the designated structure and/or its historic district.
§ 185-198 Application procedure.
A.
Prior to the commencement of any work requiring a certificate of appropriateness, the owner shall file an application for such a certificate with the Design Review and Historic Preservation Board. The application shall contain information sufficient to clearly describe the alteration and/or construction proposed. Such information shall include, as appropriate, the following:
(1)
The name, address and telephone number of applicant.
(2)
The location and photographs of the structure.
(3)
Elevation drawings of proposed changes, in the case of new construction or additions to a structure.
(4)
Perspective drawings, including relationship to adjacent structures, in the case of new construction or additions to a structure.
(5)
Samples of color and materials to be used.
(6)
Where the proposal includes signs or lettering, a scale drawing showing the type of lettering to be used, all dimensions and colors, a description of materials to be used, method of illumination and a plan showing the sign's location on the property.
(7)
Any other information which the Design Review and Historic Preservation Board may deem necessary in order to visualize the proposed new construction and/or addition.
B.
No building or demolition permit shall be issued for such proposed work until a certificate of appropriateness has first been issued by the Design Review and Historic Preservation Board. The certificate of appropriateness required by this section shall be in addition to and not in lieu of any building or other permit that may be required by this chapter or any other law or ordinance of the Town.
C.
The Design Review and Historic Preservation Board shall hold a public hearing on the application at which an opportunity will be provided for proponents and opponents of the application to present their views. The Board shall approve, deny or approve with conditions the application within 62 days from the close of the public hearing.
D.
All decisions of the Design Review and Historic Preservation Board shall be in writing. A copy shall be sent to the applicant and a copy filed with the Town Clerk's office for public inspection. The Design Review and Historic Preservation Board's decision shall state the reasons for granting, denying or modifying any application.
§ 185-199 Hardship.
A.
Hardship criteria.
(1)
An applicant whose certificate of appropriateness for a proposed demolition has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that:
(a)
The structure is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b)
The structure cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
(c)
Efforts to find a purchaser interested in acquiring the structure and preserving it have failed.
(2)
An applicant whose certificate of appropriateness for a proposed alteration has been denied may apply for relief on the ground of hardship. In order to prove the existence of hardship, the applicant shall establish that the property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible.
B.
Hardship application procedure.
(1)
After receiving written notification from the Design Review and Historic Preservation Board of the denial of a certificate of appropriateness, an applicant may commence the hardship process. No building permit or demolition permit shall be issued unless the Design Review and Historic Preservation Board makes a finding that a hardship exists.
(2)
The Design Review and Historic Preservation Board may hold a public hearing on the hardship application at which an opportunity will be provided for proponents and opponents of the application to present their views.
(3)
The applicant shall consult in good faith with the Design Review and Historic Preservation Board, local preservation groups and interested parties in a diligent effort to seek an alternative that will result in the preservation of the structure.
(4)
All decisions of the Design Review and Historic Preservation Board shall be in writing. A copy shall be sent to the applicant and a copy filed with the Town Clerk's office for public inspection. The Design Review and Historic Preservation Board's decision shall state the reasons for granting or denying the hardship application.
(5)
Notwithstanding the foregoing provisions of this section, an applicant may combine a hardship application with an application for a certificate of appropriateness in the first instance.
§ 185-200 Enforcement.
All work performed pursuant to a certificate of appropriateness issued under this article shall conform to any requirements included therein. It shall be the duty of the Code Enforcement Officer to inspect periodically any such work to assure compliance. In the event that work is found that is not being performed in accordance with the certificate of appropriateness, or upon notification of such fact by the Design Review and Historic Preservation Board, the Code Enforcement Officer shall issue a stop-work order, and all work shall immediately cease. No further work shall be undertaken on the project as long as a stop-work order is in effect.
§ 185-201 Maintenance and repair required.
A.
Nothing in this article shall be construed to prevent the ordinary maintenance and repair of any exterior architectural features of a designated structure or structure 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 a designated structure or structure within a historic district shall permit the structure to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Design Review and Historic Preservation Board, produce a detrimental effect upon the character or life of the structure or the historic district. Examples of such deterioration include:
(1)
Deterioration of exterior walls or other vertical supports.
(2)
Deterioration of roofs or other horizontal members.
(3)
Deterioration of exterior chimneys.
(4)
Deterioration or crumbling of exterior stucco or mortar.
(5)
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors.
(6)
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety.
§ 185-202 Penalties for offenses.
Notwithstanding any provisions of this chapter to the contrary, the following provisions are applicable for violations of this article:
A.
Failure to comply with any of the provisions of this article shall be deemed a violation, and the violator shall be punishable as provided in § 185-7B of this chapter.
B.
Any person who demolishes, alters, constructs or permits a designated structure or structure within a historic district to fall into a serious state of disrepair in violation of this article shall be required to restore the structure and its site to its appearance prior to the violation. Any action to enforce this subsection shall be brought by the Town Attorney upon Town Board authorization. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty.
§ 185-203 Appeals.
Any person aggrieved by a decision of the Design Review and Historic Preservation Board relating to hardship or a certificate of appropriateness may, within 15 days of the decision, file a written application with the Town Board for review of the decision.